Added in: I have just watched Edward Snowden who speaks to the fact we DID NOT AGREE TO SERVICE AGREEMENTS and the belief in MASS SURVEILLANCE THAT WE DO NOT OWN OUR DATA. I do not give consent to this as it removes democracy and self determination. I will post his video first and you can read my response to Terms and Conditions below that. This is my legal document. The more I learn the more alarmed I become. Today is Australia Day, I do not want a Brave New World replacing my country.

Terms and Conditions – My legal contract as a citizen in a democracy.

I felt to post this lengthy information in response to my email request for a pdf of car registration to be sent. I am homeless and my mail is being returned. So I have to find alternative ways to receive the registration invoice. I don’t have a phone. I have real concerns about privacy these days. I was astounded when I went through this. There is an expectation that people know legal language and if they say nothing it is consent via access. This is unfair, unrealistic and balances the power in favour of the government lawyers. The public have no way to respond to this. If they are old, disabled, mental health issues, homeless, unwell – how can these legal expectations be valid? This is how we lose our vote in digital online e-compliance environments.

The information below I have to read to access some form of e-notification. I found it too much. I will go through it and ask democratic questions in italics.

My concerns apply to all government terms and conditions and corporate indicating that access is agreement, it is not. We are disempowered as we are not informed.

Susan Carew

https://www.tmr.qld.gov.au/termsandconditions

Transport and Main Roads online services: Terms and Conditions

Print this page

Transport and Main Roads’ online services are on a secure site and information submitted is treated as private and confidential. Before accessing any online services you must carefully read, and agree to, the Terms and Conditions listed below.

If you do not agree to our Terms and Conditions, then you must not use, or continue to use, this site or the online services.

Security

Though we make every reasonable effort to ensure the safety and security of the TMR website and the information you submit to and from this website, we cannot guarantee said safety and security. Find out about the security of the online services.

Terms and Conditions

Definitions and interpretations

“we”, “us” and “our” means the Department of Transport and Main Roads (DTMR) and our successors.

“you” and “your” means the legal entity or entities using this site.

“this site” means the equipment, programs, services and systems provided by us or our Service Providers to allow you to use the online services and access the information provided by us and our Service Providers.

“Service Provider” means a Queensland Government Department or instrumentality, or other Government or non-government body contributing to this site.

“use of this site” means your use of all online services and your access to all information provided on this site by us and our Service Providers.

“cookie” means an electronic file which is placed on your computer automatically to retain your preferences for this site so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users.

Terms of agreement

We are a Queensland Government entity (ABN 39 407 690 291).

*what is an Australian government entity? Is it a business?

Your access to and/or use of this site is conditional upon your acceptance and compliance with these Terms and Conditions. You will be deemed to have accepted and be bound by these Terms and Conditions if you:

continue to access and use this site, or
explicitly accept these Terms and Conditions before completing a transaction on this site.

I don’t want my access conditional as I can’t read the Terms and Contents every time I go to the site. I don’t always understand the terms. What if that changes and I don’t know? So I can’t say I am agreeing as an honest statement.

By accessing or using this site, you also represent that you have the legal authority to accept these Terms and Conditions on behalf of yourself or any person or entity that you represent in connection with your use of the online services. You should notify any person or entity that you represent of these Terms and Conditions and its obligations under these Terms and Conditions.

I don’t know what it means to be a legal authority? I have no idea what the above means? I would need a lawyer and I am unable to afford one. So not equal before the law here.

These Terms and Conditions include our:

Privacy statement
Disclaimer and
Copyright statement, and
Security statement.

In the Privacy statement, Disclaimer and Copyright statement, references to “this site”, “Transport and Main Roads website”, “this website” and “our website” will mean “this site” as defined in these Terms and Conditions.

If there is any inconsistency between these Terms and Conditions and the terms and conditions of the Queensland Government website, these Terms and Conditions will prevail.

The above doesn’t make sense as most people wouldn’t have knowledge of the Queensland Government website terms and conditions.

Changes to these Terms and Conditions

We have the right to change, add to or discontinue these Terms and Conditions or any feature of this site and online services at any time at our discretion without reference to you by posting the changes online. It is your responsibility to ensure you are aware of any changes to these Terms and Conditions each time you visit this site. Any changes to these Terms and Conditions take effect immediately and will apply to your use of this site from that date on. Your continued access to or use of this site after any changes to these Terms and Conditions indicates that you have read, understood and agreed to those changes.

The above is an unrealistic statement. The public are not going to check the terms and conditions to see if there are changes, they don’t have time they are not lawyers to know what it means. Yet it can affect my use of their site. They tell me it is my responsibility to ensure I am aware, I do not agree to this. They tell me that my access means I’ve read it when it doesn’t in truth, clearly I am not going to read every time I access. This type of loose contract without signature is invalid. as it is not possible or realistic or fair and reasonable. It weighs the power (rules, terms and conditions) in favour of the government entity unfairly).
I have stated publicly that I do not regard agreeing to terms and conditions as by ticking a box as agreement nor having read or understood, I only tick the box to gain access as I have to use the service. I prefer face to face and a signed document.
My response here is demonstrating democracy (choice) as distinct from compliance (no choice). I choose democracy as I have to have a say over things that impact my life.

Additional terms for specific online services

Some of the online services available through this site may be subject to additional terms and conditions displayed on this site from time to time. You agree to read and comply with any such additional terms and conditions. By accessing or using this site to utilise online services, you will be deemed to have accepted and be bound by any additional terms and conditions which apply to those online services.

The tone used is dictatorial ‘you agree’. How can I know what is additional terms and conditions, displayed from time to time when I access once a year. What is using online services? I have not accepted and am not bound by any additional terms and conditions.

Your use of this site

In using this site, you agree:

to recognise the electronic record made by us of any transactions you perform using the online services
to only use this site for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of this site by any third party. This includes using another person’s personal information or login details to undertake transactions through, or to access personal information stored on, this site
not to use this site for any dishonest, fraudulent, misleading or malicious purposes
not to impersonate or falsely represent any other person or entity
not to undertake transactions on behalf of another person or entity without their explicit authority, and
not to use this site to access the personal information of any other person without their explicit authority.

when lawyers enter this process then people can be criminalised. It complicates what is simple. I just want a pdf of my registration invoice, that’s it.

You acknowledge that:

you may be required to indicate your acceptance and approval of information contained in any forms you submit online, and
we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form.

1) I don’t know what that means?
2) I wouldn’t rely on that, what if the documents are falsified?

We may cancel your access to this site and terminate this agreement at any time and for any reason, including if we believe:

you have performed an unauthorised transaction
you have breached these Terms and Conditions, or
you are no longer eligible or authorised to access this site

This site is made available only for your personal information or business operations. As a user of this site, you agree not to use this site’s data to provide or facilitate direct online access to any other person. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

this appears very negative to me, my understanding is that the site is for payment online.

Payments

You agree to pay the amounts and associated fees in relation to the transactions you perform on this site.

I don’t agree to pay associated fees. I would have to be convinced they are legitimate. These days fees appear in a digital environment and you cannot be sure what they are for. In the past staff were paid and admin costs were not transferred to the public. I have concerns about theft from the public.

In using this site, you agree to abide by the terms and conditions imposed by your financial institution, and pay the amount(s) and associated fees in relation to the transaction(s) you authorise on this site. In the event of a failure to do so, you duly authorise us to reverse the transaction in question and to treat the incident as if it did not occur and we do not accept liability for any loss or damage you incur in relation to the status of the service arising from your failure to pay relevant amount(s) and associated fees.

How are the fees of a financial institution the business of the Queensland government entity? If a person doesn’t pay it doesn’t mean it is a ‘failure’ it may mean the fees are exorbitant. If the bank seeks to impose those fees on the Queensland government, then don’t pay. The government doesn’t have to accept liability I would think.

until the appropriate vehicle registration fees have been paid, then if you drive an unregistered vehicle on the road, you will contravene the law.

You acknowledge and agree that if you make payments on this site using an accepted credit or debit card, you will be charged a credit card surcharge. The credit card surcharge will appear in the payment details as part of the checkout process.

You are responsible for ensuring that any payments you make by credit or debit card are made only using a valid card. If you pay by debit or credit card, you are responsible for ensuring that you have sufficient funds in your account for the payment.

Login

You may be required to supply some personal details to confirm your identity or to apply for online access when using our online services depending on the service you select.

We offer various methods for applying to access our online services, including entering an online access code, answering questions and such other additional login methods which we may offer from time to time.

If you elect to access our online services using an online access code or alternative login options (eg username and password), then you agree to:

keep your online access code or other login details confidential and secure
not disclose your online access code or other login details to any other person
not to permit any other person to use your online access code or other login details
immediately change your login details if you believe that those details have been compromised, and
not to access or seek to access this site using another person’s online access code or other login details.

We are entitled to assume that all transactions undertaken using your online access code or other login details were undertaken by you, unless you have informed us that your online access code or other login details were compromised. We will not be liable for any loss or damage that you may incur as a result of someone else using your online access code or other login details, either with or without your knowledge or consent.

Any failure by you to keep your online access code or other login details secure may result in unauthorised transactions being undertaken or unauthorised access to and use of your personal information which is available through this site.

If you are accessing our online services using personal details or login details which belong to another person or entity, on behalf of that other person or entity, then you confirm that you have the necessary authority to undertake any transactions which you perform on behalf of that other person or entity. You must only undertake transactions on this site on behalf of another person or entity within the scope of authorisation granted by that third party.

Minimum system requirements

When you access a secure part of this site, your transaction across the internet is protected by Secure Sockets Layer (SSL) encryption. SSL is an industry standard for secure transactions. If your browser does not support SSL, you will not be able to access these services.

We use cookies to keep track of what you put into your shopping basket. When you access this site, a cookie from our web server is placed on your computer automatically. If you wish to use this facility you will need to accept cookies. If you have configured your browser to reject all cookies, however, you will still be able to view information only pages on this site. If you wish to enable cookies you may need to change your internet browser configuration. Refer to the help functions of your browser.

I don’t want tracking. I am only paying rego.

Provision of information

You agree to provide true and correct information to us and you declare that all information you provide is true and correct. You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

It is your responsibility to verify that all transaction details are correct before you complete the transaction. We will not be liable to you or any third parties for any loss or damage suffered as a result of the inaccuracy or incompleteness of information provided by you or for any action taken by us in reliance on that information.

the wording is legal and feels indifferent to people. This world is not friendly, face to face or resolving of conflict to ensure people are happy. It is about power, compliance and narrows our humanity.

Warranties and representations

We do not warrant or make any representations in relation to your use of this site or any linked websites. In particular, we do not warrant or represent:

that your system will meet the minimum requirements (as applicable from time to time) to enable your access to or use of this site or online services
that materials and information provided on this site are accurate, complete or suitable for any purpose
that this site is free from any viruses or defects
that your use of this site or online services will be continuous and uninterrupted
that this site or online services in this site are appropriate or available for use in countries outside Australia, and
that the operator or content of any other website which you may access through this site is accurate, reliable or appropriate in any way (please consult our disclaimer for further details).

There is no responsibility for accuracy (yet we have to be accurate). There has to be assurances that the site is free of viruses. Other is fine but again, complicated and legal when all I want is a pdf of my invoice.

Your access to and use of this site depends on telecommunications and internet service providers and other external factors and we do not guarantee any minimum speed of transmission data or availability of this site at all times or at any specific times.

The issue for me is that these telecommunications providers are mostly foreign, they share data, they track and they pass on information to authorities. They sell the data without permission. A look at their boards reveals vested interests in data. They are not secure.

We will not be liable to you or third parties for:

your system’s incapacity in using this site
interruptions or delays to this site or the online services whether beyond our control or not
any non-compliance with foreign and local laws if you use this site outside Australia, or
your use of other websites which you may access through this site including in relation to contracting viruses, worms, trojan horses and other items of a destructive nature,

except to the extent, if any, where we may not be able to lawfully exclude such liability.

Disclaimer of liability—information

Please consult our disclaimer for further details.

Disclaimer of liability

We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this site.

Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy of any information contained in your personal information.

If the law implies any warranty which cannot be excluded, then to the extent permissible by law, our liability for failure to comply with any such warranty is limited, at our option and as determined by us, to:

the supply of goods or services again
the repair of goods, or
the payment of the cost of having the goods or services resupplied or repaired.

The average person is not going to understand that. A young person will have no clue. It is not logical.

You agree to release us from all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever arising under this agreement or in connection with your use of this site, for any loss or damage, including indirect, incidental or consequential loss or damages, whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this site.

No I don’t release you. If you have done the wrong thing then rectify it. It is called taking responsibility not avoiding legal issues.

Indemnity

You agree to indemnify us and our officers, employees, agents and contractors (including sub-contractors) (“those indemnified”) from and against all actions, proceedings, claims demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which:

may be brought against or made upon those indemnified, and
those indemnified may incur on their own behalf or sustain as a result of a third party claim,

arising out of or as a consequence of
any breach of this agreement by you, or
any wilful, unlawful, or negligent act or omission by you relating in any way to this site.

You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

No agreement at all. This is unacceptable to expect the public to understand what is being stated. It is in legal language, it is convoluted and illogical.

Australian units

All dollar amounts at this site are in Australian Dollars (AUD).

Time is provided in Australian Eastern Standard Time (AEST) as it exists in Brisbane, Australia (GMT + 10:00). Please note that Brisbane does not have daylight saving time during summer.

Intellectual property and copyright

Please consult our copyright statement for further details.

Your personal information

Please read the privacy statement for more information about use of your personal information.

Governing law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

no it doesn’t.

Waiver

None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us.

Severability

If any of these Terms and Conditions are held to be void, invalid, unenforceable or illegal for any reason, that term will be severed from these Terms and Conditions without affecting the enforceability of the remaining terms.

Contact

If you have any questions regarding our terms and conditions or if you encounter any problems with this site, please contact us.

This page was:

Useful Not useful

For The World

Do you UNDERSTAND Terms and Conditions of Government Online?