Terms and Conditions for Tasmanian Plates Plus App

Please carefully read these terms and conditions (Terms of Use) for use of the Tasmanian Plates Plus App (App).

The App is provided by Croomo Pty Ltd (“Croomo”) on behalf of the Department of State Growth Tasmania (“DSG”) for use by Tasmanian learner drivers to record supervised driving hours in a logbook.

1. Terms of Use

a. By installing, registering for or using the App, you agree that you accept these Terms of Use and you agree to abide by them as a legally binding agreement between you and us. Your use of the App constitutes your acceptance of these Terms of Use, which takes effect each time you use the App. If you do not agree with these Terms of Use, you must cease using the App and immediately remove the App from your mobile device.

b. The App is owned and provided by Croomo. Croomo reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the App to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the App will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you use the App.

c. You also agree to and must comply with Croomo’s Privacy Policy and the DSG’s Personal Information Policy which form part of these Terms of Use.

d. In these Terms of Use:

i. the expression ‘user’, ‘you’ and ‘your(s)’ refers to the learner driver accessing and using the Plates Plus App.
ii. the expression ‘we’, ‘us’ and ‘our’ means Croomo.
iii. the expression ‘App’ means the Tasmanian Learner Driver Plates Plus App including the associated technology, system, database and data storage arrangements.
iv. the expression ‘Data’ means the data entered by you when creating your account and using the App. This includes trip data, hours and other personal information entered (such as names, addresses, dates of birth, phone numbers and email addresses) and information downloaded and generated by or through the systems associated with the App including the logbook, reports and emails in any form.
v. the expression ‘mobile device’ means a mobile phone or tablet.
vi. the expression ‘Road Rules” means the Road Rules 2019 published by the State of Tasmania.
vii. the expression “Supervisory Driver” means a Supervisory Driver as stipulated by DSG’s website.
viii. a reference to any legislation or regulation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them.
ix. specifying anything after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included unless there is express wording to the contrary.

2. Use of the App

a. Use

i. To use the App you must be:

1. registered to use the App.
2. a Tasmanian learner driver aged 16 years or over;
3. the holder of a Tasmanian novice car learner licence; and
4. if you a minor under the age of 18 years, you must have the consent and permission of your parent or guardian to use the App and agree to these Terms of Use.

ii. Your right to use the App is personal, for non-commercial use and may not be transferred or sub-licensed.
iii. To use the App you must have a mobile device with a compatible operating system. We may change mobile device requirements for the App from time to time.
iv. You may use the App to enter and update your Data including your supervised driving hours and details, your Supervisor Driver’s details and vehicle details and to view information and material provided by us associated with the logbook as stated in these Terms of Use. You may not use the App for any other purpose.
v. You may enter details of more than one Supervisory Driver and vehicle and references in these Terms of Use to your Supervisor Driver refers to all your Supervisor Drivers.
vi. You acknowledge that you have no rights in, or to, the App or technology used or supported by the App, other than the right to use the App in accordance with these Terms of Use.

b. Limitations of Use

You must:

i. use the App in accordance with these Terms of Use;
ii. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the App in any way;
iii. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, including hacking into or inserting malicious code, including viruses or harmful data, into the App and the Data or doing any act to unlawfully delete or otherwise misuse Data;
iv. not use the App in any way that could damage, disable, overburden, impair or compromise the App and the Data;
v. comply with all applicable laws and regulations relating to the use of the App or associated with the App including the Act and Regulations; or
vi. not enable or permit any other person, electronic application or system to access or use your Data through the App.

c. Electronic notifications

i. You will receive email notifications associated with the App or your logbook, which may include notifications of changes to the App, details of the Data you enter into your logbook, your Supervisory Driver, logbook or driver licence related information provided by us (“Electronic Notifications”). The App will generate Electronic Notifications by sending emails to your nominated email address and you acknowledge and consent to receipt of these Electronic Notifications.
ii. We will not be responsible or liable for any costs or damages incurred by you not receiving Electronic Notifications or by the insufficient operation of your internet service provider or email account.

d. Suspension and termination

i. We reserve the right to do all or any of the following at any time for any reason with or without notice:

1. terminate, suspend or amend the service we provide on the App and its use;
2. terminate operating or providing the App or its use; and
3. terminate this agreement.

ii. We may also suspend or terminate your use of the App and any service we provide on the App at any time, with or without notice, if you breach the Terms of Use.
iii. At any time you may terminate this agreement by ceasing all use of the App and removing the App from your mobile device.
iv. Provisions of the Terms of Use which are expressed or implied to survive termination of this agreement will continue to apply following termination of this agreement.

e. Intellectual Property

i. Croomo is the owner of the App (subject to any third party rights). All intellectual property in the App and information and material published on the App is owned by, or licensed to Croomo. You obtain no interest in this intellectual property. All content in the App, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the App or any of its components.
ii. Croomo is the owner of all Data and grants you a non-transferable, non-exclusive, revocable, fee free licence (excluding right of sub-licence) to use, update and download the Data only for the purposes permitted under these Terms of Use.
iii. You agree that Croomo may use, retain, copy or otherwise deal with the Data in connection with Croomo’s functions, subject to compliance with privacy legislation.

f. Privacy

i. Croomo protects, collects and manages your personal information in accordance with the Personal Information Protection Act 2004 (Tas).
ii. You acknowledge that information about you and your Supervisor Driver, including information provided to us when installing and registering to use the App and the Data you enter will be held by Croomo. You must obtain the consent of your Supervisory Driver prior to providing his or her details and his or her consent to use of his or her personal information in accordance with the Terms of Use.
iii. Personal information is collected by us and provided to the DSG (or other related bodies corporate or third party suppliers as required) for the purpose of providing the App in order to determine if the learner driver has completed the required number of hours on-road supervised driving experience requirement before being eligible to take the practical test for the granting of a Tasmanian P1 provisional drivers licence.
iv. Email addresses and mobile numbers provided to us will be used to send electronic notifications by email.
v. All personal information collected via the App may be disclosed to relevant third parties for the purpose of providing the App. Where information is provided to third parties in accordance with this clause, these third parties will provide the same or equal protection of user data as stated in these Terms of Use.
vi. Personal information will be securely stored by us and our third party providers including through cloud service providers who will encrypt, save and store your personal information in their systems.
vii. Croomo takes reasonable and appropriate measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Croomo has implemented appropriate physical, electronic and managerial procedures to help safeguard and secure personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
viii. Croomo collects information about how you use the App (such as browsing and searching patterns). Croomo collects this information to improve the App and Croomo’s services. In doing this, Croomo will not identify you, or your use of the website, unless authorised by law.
ix. For further information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see our Privacy Policy. If You would like Croomo to amend or delete Data obtained through Your use of the App, you can contact us at privacy@compono.com.

3. Data

a. By using the App, you agree that:

i. Data entered by you using the App must be true, accurate and complete.
ii. Data you enter using the App, must not contain any material which:

1. is or is likely to be defamatory of any person;
2. is or is likely to be obscene, offensive, hateful or inflammatory;
3. promotes sexually explicit or violent material;
4. promotes discrimination including based on race, sex, religion, nationality, disability, sexual orientation or age;
5. infringes any copyright, database right or trade mark of any other person;
6. is or is likely to deceive any person;
7. is or is likely to be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8. promotes any illegal or unlawful activity or advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
9. threatens, abuses or invades another’s privacy;
10. causes annoyance, inconvenience, nuisance or needless anxiety;
11. is likely to or does harass, upset, embarrass, alarm or annoy any other person;
12. impersonates any person, or misrepresents your identity or affiliation with any person;
13. gives the impression that any of the above emanates from us (if this is not the case); and
14. is or is likely to bring us into disrepute including as a result of your acts or omissions.

b. You agree to be responsible for your own use of the App and you must ensure that the Data in the App and your logbook is complete and accurate.
c. You agree:

i. we have no obligation to check, verify or manage the entry of your Data and your logbook created when using the App at any time, this is your responsibility;
ii. once you have entered all Data and completed your logbook, we provide your completed logbook including all Data to the DSG for approval;
iii. when your logbook is sent to the DSG for approval your logbook becomes the property of the DSG. Your logbook may not be submitted to the DSG more than once.

4. Warranties and Liability

a. No warranties

i. All content and services on or available through the App are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the App or its content.
ii. To the maximum extent permitted by law, Croomo excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

1. any material and/or information (including Data) or through in the App the performance, functionality and availability of the App at any time and for any period
2. the loss, damage, corruption or degradation of any Data or other material as a result of the use of the App;
3. the Data you enter into the App being available and accessible at any time and for any period; and
4. the Data you enter into the App being suitable and sufficient to meet the logbook requirements.

b. Exclusion of liability

i. To the maximum extent permitted by law, Croomo excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

1. the use of, reliance on, or action taken as a result of, any information or material in the App and the Data;
2. accessing, displaying and using the App and Data;
3. any interruption, suspension or termination of the App and access to the Data in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
4. the unavailability, unsuitability and non-connectivity of third party content; and
5. any loss, damage, corruption or degradation of any data or other material as a result of the use of the App and Data and or viruses or other technologically harmful material that may infect your computer or device due to your use of the App and the Data.

ii. You agree that Croomo’s maximum liability arising out of or relating to these Terms will not exceed $100.

c. Your risk

i. You access the App and Data at your own risk and Croomo accepts no responsibility for any interference, loss, damage or disruption to your own computer or mobile device or otherwise which arises in connection with your use of the App and Data.
ii. You must take your own precautions to ensure that the process which you use to obtain access to the App and Data does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.

d. Release from claims

i. You waive, release, forgive, discharge and relinquish any and all claims that you may have against Croomo, its related and officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the App and Data including but not limited to downloading any information and materials (including Data) in or from the App.
ii. You release and indemnify Croomo, its related its related entities and officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

1. any loss or damage or liability for any loss or damage incurred by you; and
2. any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

▪ your use of the App and Data;
▪ your use of or reliance on information contained in or accessed through the App and the Data; and
▪ breach by you of the Terms of Use.

e. Software viruses

Without limiting the above, Croomo does not warrant that the App, information and or material (including Data) is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, Croomo excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

f. Logbook legal requirements

Croomo makes no representation, warranty or endorsement of any kind that by using the App you will achieve your mandatory logbook hours nor that you will automatically satisfy all requirements in respect of a logbook. Croomo reserves the right to verify the accuracy of the Data provided including that the verification of logbook entries have been properly made by your Supervisor Driver.

g. Exclusion of liability

The exclusion of liability applied to these Terms of Use as set out in this clause 4 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if Croomo has been notified of the possibility of such loss or damage.

h. Your contribution to loss

You agree that any legal liability on the part of Croomo will be reduced by the extent, if any, to which you contributed to the loss.

i. Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

j. Compliance with road rules

You acknowledge that the Road Rules provide that it is an offence for a driver to use a mobile device that the driver is holding in his or her hand. You agree that whilst using the App, you must comply with the Road Rules and not use the App or your mobile device in a manner contrary to the Road Rules.

5. General

a. Governing law

These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Tasmania, Australia.

b. Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the State of Tasmania, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Tasmania.

c. Entire agreement

This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the App and the Data.

d. Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

e. Invalid or unenforceable provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:

i. it is to be read down or severed to the extent of the invalidity or unenforceability; and
ii. that fact does not affect the validity or enforceability of the remaining provisions.

f. No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

g. Assignment

Croomo reserves the right to vary assign the obligations in these terms and conditions to a related body corporate at any time without obtaining Your prior consent.

6. Third party content

a. The App may contains links to third party content including mobile applications owned and operated by third parties.

b. Croomo does not approve, endorse, recommend or sponsor this linked content, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked content, unless specifically stated.

c. Croomo is not responsible for the content of linked content and makes no representation as to the accuracy of any material on these Apps or mobile applications.

d. Croomo, to the maximum extent possible, excludes liability for any loss suffered as a result of use of linked content, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of that linked content will apply to your use of that linked content.