SMARTCARD TERMS AND CONDITIONS OF USE

 

1. BACKGROUND

   1. SCT is an accredited bus operator of School Services in South East Queensland.

   2. A person may request that SCT issue them with a Smartcard for travel on a School Service that requires payment of a Fare.

2. AGREEMENT

   1. (Terms of use) These terms and conditions apply to all Smartcards issued by SCT (Agreement).

   2. (Acceptance of terms) By using or registering a Card, You agree to comply with, and must procure that each User complies with:

      1. this Agreement;

      2. the Code of Conduct; and

      3. all applicable laws and regulations, including TOPTA.

   3. (Condition of travel) Subject to a School Service being affected by a faulty Smart Card reader, it is a condition of travel on SCT’s School Services that all Fare payments are made using a Smartcard on a “pay as you go” basis.

   4. (Responsibility for a child) You are responsible for the use of a Smartcard by each User and ensuring compliance with the requirements of this Agreement.

   5. (Unaccompanied children) You acknowledge that the sole responsibility for the safety of an unaccompanied child under 18 years of age on a School Service remains with the child’s parent or guardian. SCT reserves the right to contact the child’s school and/or the police to have an unaccompanied child returned to the child’s parent or guardian.

   6. (Changes to the Agreement) SCT reserves the right to review and amend the terms and conditions under this Agreement at any time by written notice to You. Any changes to this Agreement will be published on SCT’s website.

3. DEFINITIONS

   1. ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as updated from time to time.

   2. Agreement has the meaning given in clause 2.1.

   3. Claim means any claim, notice, demand, action, proceeding, litigation, investigation, judgment or cause of action, whether based in contract, tort (including negligence), under common law, equity or statute.

   4. Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise

   5. Code of Conduct means the ‘code of conduct for school students travelling on buses’ made under TOPTA, as updated from time to time.

   6. Fare means the price payable to SCT for travel on a School Service.

   7. Fault includes any defect, damage, deficiency or fault affecting a Smartcard from its ordinary use.

   8. Force Majeure Event means any of the following events, circumstances or combination of events and circumstances:

      1. an act of God, lightning, storm, explosion, flood, cyclone, landslide, bush fire, tsunami or earthquake;

      2. an act of terrorism, war (declared or undeclared), blockade, revolution, riot, insurrection, or civil commotion;

      3. any pandemic or epidemic;

      4. a state wide or nationwide shortage of bus drivers;

      5. industry action in relation to the bus industry or involving any staff of SCT;

      6. any action, inaction, demand, order, restraint, restriction, requirement, prevention, frustration or hindrance by or of any government authority; or

      7. the unavailability of any essential equipment, fuel, public utilities (such as electricity or water) or other materials necessary for the operation of the School Services.

   9. GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

   10. School Service means a dedicated school bus service operated by SCT. 

   11. SCT means Southern Cross Transit (QLD) Pty Ltd ACN 097 130 615 as the trustee for G. Oliveri Family Trust (QLD) ABN 38 159 258 432

   12. Smartcard means a transportme smartcard issued by SCT on which electronic records of transit and other applications are stored.

   13. TOPTA means the Transport Operations (Passenger Transport) Act 1994 (Qld) and the Transport Operations (Passenger Transport) Regulation 2018 (Qld), as updated from time to time.

   14. You means the person who has been issued a Smartcard from SCT.

   15. User means a person (including a child) nominated by You as an authorised user of a Smartcard.

   16. Warranty Claims means a claim made during the Warranty Period for a replacement Smartcard under clause 9.

   17. Warranty Period has the meaning given in clause 9.1.

4. OWNERSHIP AND REGISTRATION

   1. (Ownership) Each Smartcard remains the legal property of SCT and SCT reserves the right to inspect, suspend, de-activate or retake possession of a Smartcard at any time without notice to You.

   2. (Registration) You must register your Smartcard with SCT by completing an application form before it can be used on a School Service.

   3. (Non-transferable) Smartcards are not transferrable and must only be used by You or a User. You must not allow any other person to use a Smartcard.

   4. (No resale) You must not sell, or offer to sell, a Smartcard to another person for a price. SCT may deactivate any Smartcard that is sold or offered for sale in breach of this clause at any time without notice to You.

   5. (Responsibility for care) Each Smartcard is used at Your own risk. You must ensure that the Smartcard is used by its User with reasonable care and not subjected to damage or misuse.

   6. (Confidentiality) You must keep all personal identification numbers and Smartcard login codes confidential, and You must not disclose this information to any person.

5. USE ON SCHOOL SERVICES

   1. (Tap on and tap off) You must ensure that the Smartcard is used to tap on at the beginning of a trip on a School Service and tap off at the end of a trip on a School Service. 

   2. (Default fare) You acknowledge and agree that a default Fare of $5.00 will be charged to a Smartcard for each failure of a User to tap off at the end of a trip on a School Service.  

   3. (No 50 cent fares) You acknowledge that the School Services are not eligible for 50 cent fares and that you must pay the applicable Fare to SCT for each trip on a School Service.

   4. (One Smartcard per User) A Smartcard can only be used for one trip at a time, and You must not tap on twice with the same Smartcard in order to pay for another person’s trip.

   5. (Fare deduction) The applicable Fare will be deducted from the Smartcard value for each time a User taps on and taps off using their Smartcard on a School Service.

   6. (Conditions of use) Smartcards may be used for travel on any School Service provided that:

      1. the School Service is equipped with a working card reader;

      2. the Smartcard has sufficient credit for that journey; and

      3. the Card has not been deactivated.

6. PAYMENTS

   1. (Card purchase) A one-off, non-refundable fee is payable to SCT to purchase a Smartcard.

   2. (Payment authorisation) You irrevocably authorise SCT to deduct all Fares and other amounts payable under this Agreement from the balance stored on a Smartcard, including any automatic top up set up by You.

   3. (Precondition of use) You must add value to a Smartcard before it is first used on a School Service. 

   4. (Insufficient value) If the value on a Smartcard is less than the Fare for a journey on a School Service, You must top up the Smartcard as soon as possible. You must repay any negative Smartcard balance when you add value to it.

   5. (Minimum top up amount) The minimum value that can be added to a Smartcard is $10.

   6. (Maximum top up amount) The maximum value that can be added to a Smartcard is $200.

   7. (Payment methods) You may top up a Smartcard by using the transportme app, or by making payment directly to SCT.

   8. (Smartcard balance records) Unless an error is clearly evident, SCT’s records are conclusive of the value on a Smartcard.

   9. (Requested balance adjustment) You may dispute the amount stored on a Smartcard by notifying us in writing. Any adjustment to a Smartcard balance will be made at SCT’s discretion (acting reasonably). SCT may adjust a Smartcard balance retrospectively if it determines that it is incorrect.

   10. (Correcting Smartcard value) If SCT believes that the value stored on a Smartcard is incorrect, SCT may adjust the value on a Smartcard at any time to the correct amount reasonably determined by SCT by reference to payments made by You. Any such adjustments will be notified to You.

   11. (GST inclusive amounts) Unless otherwise specified, all Fares and other amounts payable for a Smartcard are inclusive of GST.

7. FARE CONCESSIONS

   1. (Proof of entitlement) Proof of an entitlement to a Fare concession must be provided to SCT when a Smartcard is issued. Acceptable proof includes a current:

      1. pensioner card;

      2. student identification card; or

      3. tertiary transport card.

   2. (User to carry proof) You must ensure that each User carries proof of their entitlement to a Fare concession for each trip on a School Service.

   3. (Driver may request proof) You acknowledge that a driver may request proof of an entitlement to a Fare concession at any time on a School Service in accordance with law.

   4. (Notification for change to entitlement) You must notify SCT in writing within 5 business days of any change to the User’s concession status.

8. MISSING SMARTCARDS

   1. (Ordering a replacement) In the event that a Smartcard is lost or stolen, You must immediately notify SCT to request a new Smartcard by completing an application form.

   2. (Deactivation) Any missing Smartcard will be deactivated by SCT as soon as is reasonably practicable.

   3. (Liability for transactions) You remain liable for all Fare transactions on a missing Smartcard up to the time of deactivation by SCT.

   4. (Unregistered Smartcards) You acknowledge that any value on an unregistered Smartcard will be forfeited to SCT in the event that it cannot be located.

   5. (Transfer of value) SCT will transfer the remaining value of a registered Smartcard to a new Smartcard upon receipt of a completed application form and payment of the replacement card fee.

   6. (Delivery of replacement) The replacement Smartcard will be posted by SCT to the nominated address specified in an application form within 10 business days of receipt.

9. FAULTY SMARTCARDS

   1. (Additional rights) The rights under this clause 9 are in addition to the statutory rights you may be entitled to under the ACL, and any other applicable consumer protection laws.

   2. (Warranty Period) SCT warrants that the Smartcard will be free from Fault for a period of 3 months from the date the Smartcard is first issued to You.

   3. (Notification of Fault) You must not knowingly use a Faulty Smartcard and must immediately notify SCT to report a Fault with a Smartcard as soon as possible.

   4. (Fault during the Warranty Period) If a Smartcard experiences a Fault during the Warranty Period:

      1. You must lodge a warranty claim with SCT with sufficient details as to how the Smartcard is Faulty;

      2. You must return the affected Smartcard to SCT; and

      3. SCT will advise You whether the Warranty Claim is accepted or rejected as determined by SCT in its absolute discretion (acting reasonably).

   5. (Loss of warranty) You acknowledge and agree that SCT will not be liable for any Fault to a Smartcard as determined by SCT (acting reasonably) as a result of:

      1. any alterations or changes to the Smartcard from the time that it is issued to You;

      2. any Fault caused by misuse of the Smartcard, including any failure to take reasonable care of the Smartcard;

      3. any failure to follow any instruction, information, advice or user guidelines provided by SCT for the Smartcard;

      4. the continued use of the Smartcard affected by Fault that is apparent, or would have become apparent, to a reasonably prudent user.

   6. (Replacement or reimbursement) If SCT accepts a Warranty Claim, SCT will decide whether to either:

      1. issue You with a new Smartcard and transfer any remaining value from the registered Smartcard affected by Fault to the new Smartcard; or

      2. reimburse You the amount paid for the Smartcard and any remaining value from the registered Smartcard affected by Fault.

   7. (Unregistered Smartcards) You acknowledge that any value on an unregistered Smartcard affected by Fault will be forfeited to SCT.

   8. (Postage costs) If a Warranty Claim is accepted, SCT’s liability is limited to reimbursing You for any postage charges incurred in returning the affected Smartcard to SCT for a replacement.

10. DEACTIVATION AND TERMINATION

    1. (No refund for purchase cost) The purchase cost of the Smartcard is non-refundable in the event of deactivation or termination of this Agreement.

    2. (Request for deactivation) If You no longer require the use of a Smartcard:

       1. You may lodge a request to deactivate a Smartcard with SCT at any time during ordinary business hours;

       2. SCT will process any such request and arrange for any remaining value stored on the deactivated Smartcard to be refunded to You within 10 business days; and

       3. this Agreement will terminate once has processed Your request for deactivation.

    3. (Deactivation by SCT) SCT reserves the right to deactivate a Smartcard at any time by written notice. Any remaining value stored on a deactivated Smartcard will be refunded to You within 10 business days.

    4. (Termination by SCT) SCT may terminate this Agreement by written notice to You if:

       1. You fail to pay any money to SCT as required under this Agreement by the due date and the default continues for more than 10 business days without a reasonable excuse; or

       2. You, or any User of a Smartcard, does not comply with a material term of this Agreement.

    5. (Accrued rights) Termination of this Agreement will not prejudice any accrued rights or liabilities of either party or excuse any party from a breach occurring prior to the date of termination.

11. DATA AND PRIVACY

    1. (Data ownership) You acknowledge and agree that SCT owns all information and data stored on a Smartcard and generated from the use of the Smartcard.

    2. (Privacy) SCT will collect, store and use personal information as required for the use and administration of a Smartcard issued under this Agreement. In doing so, SCT will:

       1. not use personal information other than as required for the Smartcard, unless required or authorised by law;

       2. not disclose personal information without Your written consent, unless required or authorised by law;

       3. ensure that SCT’s employees do not access, use or disclose personal information other than in the performance of their duties.

12. FORCE MAJEURE EVENTS

    1. (Occurrence of event) If SCT is prevented in whole or in part from performing any part of its obligations under this Agreement because of a Force Majeure Event, SCT must, as soon as practicable and no later than 48 hours after the occurrence of that event, provide You with written notice of:

       1. full particulars of the Force Majeure Event including its nature and likely duration;

       2. the obligations affected by the Force Majeure Event and the extent to which performance of those obligations is affected; and

       3. the steps taken or proposed to be taken to rectify the Force Majeure Event.

    2. (Suspension of obligations) SCT’s obligations are suspended to the extent that they are affected by a Force Majeure Event from the date that SCT notifies You under clause 12.1 until the cessation of the Force Majeure Event.

    3. (Resumption of obligations) Where a Force Majeure Event no longer prevents SCT from performing its obligations under this Agreement, SCT must:

       1. notify You that SCT is no longer prevented from performing the relevant obligations; and

       2. recommence performance of those affected obligations under this Agreement.

13. LIMITATION OF LIABILITY

    1. (When SCT will not be liable) To the maximum extent permitted by law, SCT will not be liable or responsible for:

       1. any Claim for any loss, damage, costs or expenses incurred as a result of the failure or delay in processing any transaction including a refund, balance transfer, balance adjustment or transaction to add value to a Smartcard;

       2. any Claim for any Consequential Loss howsoever arising directly or indirectly under this Agreement.

    2. (Other exclusions) To the maximum extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions not contained in this Agreement are excluded.

    3. (Maximum liability) Subject to the terms of this Agreement, and to the maximum extent permitted by law, SCT’s maximum aggregate liability for all Claims made by You is limited to either:  

       1. replacement of a Smartcard; or

       2. refund of the remaining balance on a registered Smartcard.

    4. (Contribution) SCT’s liability for a Claim under this Agreement is reduced to the extent that any act or omission of You, or those of a third party, contributed to, or caused, the loss or liability.  

14. GENERAL

    1. (Notices) You agree that SCT can send notices under this Agreement by posting them to the last known mailing address, or by emailing them to the most recent email address that we have on file for You.

    2. (Assignment) SCT may assign its obligations under this Agreement at any time without the prior written consent of You.

    3. (Entire agreement) This Agreement embodies the entire agreement between the parties and supersedes all previous agreements, understandings, negotiations, warranties and representations on the subject matter of this Agreement.

    4. (Severance) If any provision of this Agreement will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired

    5. (Inconsistencies) The terms and conditions of this Agreement will prevail to the extent of any inconsistency