TERMS AND CONDITIONS OF USE

Please carefully read these terms and conditions ( Terms of Use ) of use for L2P Learner Logbook ( App ).

This App is a third party app and has been developed by L2P ( Developer ). Transport for NSW ( TfNSW ) and Roads and Maritime Services ( Roads and Maritime ) have endorsed this App for use by NSW learner drivers as an alternative to using a manual Learner Driver Log Book. The App is linked to the Roads and Maritime licensing data to verify learner and supervising driver eligibility and to submit completed learner driver logbook requirements to Roads and Maritime. The App is also linked to the supervisor version of the App to enable your supervising driver to sign off on your learning goals, hours of supervised driving and/or submission of log book. The completed hours and learning goals must be confirmed and submitted to Roads and Maritime at least 48 hours before the date of a driving test.

1. General Terms

   a. By installing, registering or using the App, you agree to be bound by these Terms of Use. 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.

   b. The App is owned and provided by the Developer. The Developer reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or to update 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 read these Terms of Use each time you use the App, to ensure you are aware of any changes to them.

   In these Terms of Use:

   • The expression 'user', 'you' and 'your(s)' refers to the learner driver who installs, registers, accesses and/or uses the App.
   • The expression 'we', 'us', 'our' means the [Developer].
   • The expression 'supervising driver' refers to all your supervising drivers including coaches at a Safer Driver Course and instructors.
   • The expression 'facilitator' refers to the in-class room facilitator at a Safer Driver Course.
   • The expression 'App' means [Name of learner driver app] including the associated. technology, system, database and data storage arrangements.
   • The expression 'Data' means all information, including personal information, in connection with the use of the App and includes (without limitation) journey data and hours and other information as entered, logged, downloaded and generated by or through the systems associated with the App including the logbook, reports, emails and SMSs in any form.
   • The expression 'the Act' means the Road Transport Act 2013 (NSW).
   • The expression 'the Legislation' means the regulations made under the Act, including the Road Transport (Driver Licensing) Regulation 2008 and Road Rules 2014 (NSW).
   • The expression 'mobile device' means a mobile phone or tablet.
   • Any other expression in these Terms of Use as defined in the Act and Legislation has the meaning as stated in those laws.
   • 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.
   • Specifying anything after the words 'include' or 'for example' or similar expressions will not limit what is included unless there is express wording to the contrary.

2. Use of the App

   a. To use the App you must:

   1. be a holder of a New South Wales class C learner licence aged 16 years or over;
   2. if you are under the age of 18 years, have the consent and permission of your parent or guardian to use the App and agree to these Terms of Use;
   3. register to use the App; and
   4. update it when a new release is available. This will ensure that you have the latest version of the app that complies with the Act, the Legislation and Roads and Maritime's requirements.

   b. You may use the App to;

   1. Enter, update and view your driving hours data and vehicle details;
   2. View information and material provided by us associated with the digital logbook;
   3. Enter the details of one or more supervising driver and/or vehicle; and
   4. Enter the details of a completed Safer Driver Course and the respective facilitator.

   c. You warrant that you have shown your supervising driver these Terms of Use and the Privacy Statement and that you have obtained the consent of your supervising driver to the use of this App, to entering their driver licence details into the App prior to the commencement of a supervised driving session and to you having access to the Data (including their personal information) which is saved in the App.

   d. You warrant that you have shown any facilitator (of a Safer Driver Course that you have completed) these Terms of Use and the Privacy Statement and that you have obtained the consent of the facilitator to the use of this App, to enter their name into the App and to you having access to the Data (including their personal information) which is saved in the App.

3. Limitations on Use

   You must:

   a. not touch or leave the mobile device in a cradle fixed to the vehicle while driving, including when the vehicle is stationary but not parked.

   b. not use the App after activation while driving, including when the vehicle is stationary but not parked. You must park the vehicle out of the line of traffic to use the App.

   c. 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, virus of any description or harmful data, into the App and the Data or doing any act to unlawfully delete or otherwise misuse Data;

   d. not use the App in any way that could damage, disable, overburden, impair or compromise the App and the Data;

   e. not enable or permit any other person, electronic application or system to access or use your Data through the App.

4. Data

   a. By using the App, you warrant that all Data entered by you using the App is true, accurate and complete.

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

   c. You agree that:

   1. we have no obligation to check, verify or manage the entry of your Data and your logbook created when using the App and that this is your responsibility;
   2. you have entered all Data and completed your logbook and completed all other requirements in accordance with the Act, the Legislation and Roads and Maritime's requirements;
   3. the Data (excluding personal information) is owned by the Developer; and
   4. the App allows you and your supervising driver to view the Data (including personal information of each other and any facilitator) that is entered into the App.

5. Logbook legal requirements under the Act and the Legislation

   a. We make no representation, warranty or endorsement of any kind that by using the App you will:

   1. achieve your mandatory logbook requirements; or
   2. automatically satisfy all of the requirements in respect of a logbook, the Act and the Legislation.

   b. We and Roads and Maritime reserve the right to verify the accuracy of the Data provided and that the entries have been properly entered and maintained by you and your supervising driver and any facilitator.

6. Privacy Statement

   a. Developer is collecting personal information about you and your supervising driver and any facilitator, including information provided to the Developer when installing and registering the App and the Data that you, your supervising driver and any facilitator enter, log, download and generate by or through the systems associated with the App into the App. The Data will be retained by the Developer and used in accordance with the Terms of Use.

   b. The App allows you and your supervising driver to view the Data (including personal information of each other and the facilitator) that is entered into the App.

   c. Developer will provide your full name, licence class, licence issue date and stock number to your supervising as part of the request sent to your supervising driver to sign off on your learning goals, hours of supervised driving and/or submission of log book.

   d. Developer will provide Roads and Maritime with Data that may be used for the purposes of validating that you are an eligible learner driver, for validating the details of your supervising driver, to assess the logbook to verify the information recorded shows a minimum of 120 hours (20 hours at night) of completed on-road supervised driving experience, and for auditing purposes. The Data may be retained and used by Roads and Maritime for driver licensing, motor vehicle and road transport safety purposes.

   e. Roads and Maritime may disclose the Data provided to it by the Developer to law enforcement agencies, interstate driver licensing agencies, or any other NSW government agency for use by those entities for the same purposes as Roads and Maritime. Roads and Maritime and other NSW government agencies may share the Data with their service providers (including auditors and legal advisers) for the purposes referred to above.

   f. You consent to Roads and Maritime validating your licence details and you warrant that you have obtained the consent of your supervising driver to Roads and Maritime validating their respective licence details, with a TRUE or FALSE responseto the Developer to ensure the surname, driver licence number, expiry date and driver licence stock number entered into the App are correct and that the learner driver and/or supervising driver are eligible.

   g. Your personal information may be disclosed to the Developer's third party provider, for the purposes of providing a cloud service and encrypting, saving and storing your personal information.

   h. Developer may store Data in offshore hosted databases for the purposes of providing the App. The Data is currently stored at Sydney.

   i. Providing your personal information and the provision of personal information of your supervising driver and any facilitator is voluntary but you will not be able to use the App unless it is provided.

   j. Prior to the commencement of a supervised driving session or a Safer Driver Course, you must show your supervising driver and any facilitator respectively, this Privacy Statement and the Terms of Use and obtain the consent of your supervising driver and any facilitator to the provision of their personal information to the Developer and for their personal information to be used in accordance with the Terms of Use and disclosed as specified in this Privacy Statement.

   k. Other than as described in this Privacy Statement the Developer will not disclose your personal information without your consent unless authorised by law.

   l. You can make a privacy complaint by contacting the Developer as set out below. The Developer will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event you are not satisfied with the resolution provided, you can make a complaint to the Information Commissioner at oaic.gov.au.The Developer is also required to notify Roads and Maritime of any privacy complaint.

   m. Your personal information will be held by the Developer and you can contact the Developer on +61 2 8006 8120 to access or correct it.