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Terms and conditions of use

Before accessing SPER online services you must carefully read, and agree to, the Terms and Conditions of Use listed below. If you do not agree to our Terms and Conditions of Use, you must not use, or continue to use, SPER online services.

Definitions and interpretations

‘SPER’ means the State Penalties Enforcement Registry.
‘The Act’ means the State Penalties Enforcement Act 1999.
‘we’, ‘us’ and ‘our’ means the State Penalties Enforcement Registry (SPER).
‘you’ and ‘your’ means the person or legal entity using SPER online services.
‘SPER online services’ means the equipment, programs, services and systems provided by us to allow you to use the online services and access the information provided by us.
‘use of online services’ means your use of all online services and your access to all information provided online by SPER.
‘Customer’ means a person or entity that has a debt registered with SPER.
‘Person’ includes an individual, a partnership and a body whether incorporated or not.
‘cookie’ means an electronic file which is placed on your computer automatically to maintain your login. Cookies used on SPER online services are temporary, non-harmful and do not attempt to identify individual users.

Security

Though we make every reasonable effort to ensure the safety and security of the SPER online services and the information you submit via those services, we cannot guarantee this safety and security. Find out about online security.

General Terms and Conditions of Use

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

  • continue to access and use SPER online services, or
  • explicitly accept these Terms and Conditions of Use before completing a transaction via a SPER online service.

By accessing or using SPER online services, you also represent that you have the legal authority to accept these Terms and Conditions of Use on behalf of any person or entity that you represent in connection with your use of SPER online services.
If there is any inconsistency between these Terms and Conditions of Use and the terms and conditions of the Queensland Government website, these Terms and Conditions of Use will prevail.

Changes to these Terms and Conditions of Use

We reserve the right to change, add to or discontinue these Terms and Conditions of Use or any feature of SPER 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 of Use each time you access SPER online services.
Any changes to these Terms and Conditions of Use take effect immediately and will apply to your use of SPER online services from that date.
Your continued access to or use of SPER online services after any changes to these Terms and Conditions of Use indicates that you have read, understood and agreed to those changes.

Additional terms for specific online services

Some of the SPER online services may be subject to additional Terms and Conditions of Use displayed on SPER online services from time to time.
By accessing or using the SPER online services, you will be deemed to have accepted and be bound by any additional Terms and Conditions of Use which apply to those online services.

Your use of SPER online services

In using SPER online services, you agree:

  • to recognise the electronic record made by us of any transactions you perform using SPER online services
  • to only use SPER online services for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of SPER online services by any third party. This includes not using another person’s personal information or login details to undertake transactions through, or to access personal information stored on, SPER online services
  • not to use SPER online services 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 express authority
  • not to use SPER online services to access the personal information of any other person without their express authority
  • not to disclose information obtained from SPER online services unless permitted or required by law
  • to keep account details secure by logging off SPER online services after use.

You acknowledge that:

  • you may be required to indicate your acceptance and approval of information contained in any forms you submit online
  • we intend to rely on any forms and attached documents which you submit online.

We may cancel your access to SPER online services 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 of Use
  • you are no longer eligible or authorised to access SPER online services.

SPER online services are made available only for your personal use or business operations (if you are an organisation). As a user of SPER online services, you agree not to use SPER online services data to provide or facilitate direct online access to any other person. You are prohibited from posting or transmitting to or from SPER online services 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.

Payments

You are responsible for ensuring that any payments you make by credit or debit card are made only using a valid card which you have the authority to use. 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 will be required to authenticate or register and login using a username and password to access SPER online services.
If you access SPER online services using a username and password, then you agree to:

  • keep your username and password confidential and secure
  • not disclose your username and password to any other person
  • not permit any other person to use your username and password
  • immediately change your login details if you believe that those details have been compromised
  • not access or seek to access SPER online services using another person’s username and password.

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

Any failure by you to keep your username and password secure may result in unauthorised transactions being undertaken or unauthorised access to and use of your personal information which is available through SPER online services.

Minimum system requirements

When you access SPER online services 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 SPER online services.

When you access SPER online services, a cookie from our web server is temporarily placed on your computer to maintain your secure login. To use SPER online services you will need to accept cookies. If you have configured your browser to reject all cookies you will not be able to access SPER online services. If you wish to enable cookies you may need to change your internet browser configuration. Refer to the help functions of your browser.

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 acknowledge that the provision of false or misleading information to the Registrar is an offence under The Act. 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.

Warranties and representations

We do not warrant or make any representations in relation to your use of SPER online services 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, SPER online services
  • materials and information provided on SPER online services are accurate, complete or suitable for any purpose
  • SPER online services is free from any viruses or defects
  • your use of SPER online services will be continuous and uninterrupted
  • SPER online services are appropriate or available for use in countries outside Australia
  • the operator or content of any other website which you may access through SPER online services is accurate, reliable or appropriate in any way.

Your access to and use of SPER online services 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 SPER online services at all times or at any specific times.
We will not be liable to you or third parties for:

  • your system’s incapacity in using SPER online services
  • interruptions or delays to SPER online services whether beyond our control or not
  • any non-compliance with foreign and local laws if you use SPER online services outside Australia
  • your use of other websites which you may access through SPER online services 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

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 SPER online services.
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, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in your personal information or accessed through this site.
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 SPER online services, 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 SPER online services.

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:
    • your use of SPER online services;
    • any breach of this agreement by you; or
    • any wilful, unlawful, or negligent act or omission by you relating in any way to SPER online services.

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

Australian units

All dollar amounts at SPER online services 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 read the Queensland government copyright statement for information.

Privacy and confidentiality

Information provided to or collected by SPER is governed by the State Penalties Enforcement Act 1999 and the Information Privacy Act 2009 (Queensland).
All information and images on SPER online services are confidential and may contain personal information. You must maintain the confidentiality and privacy of any information obtained using SPER online services.
Personal information is collected and used by SPER as permitted and required by law including for the administration and enforcement of the Act. Any information we collect will not be disclosed other than as permitted or required by law.
Unauthorised access and use of SPER online services is prohibited and may breach the Act and the Information Privacy Act 2009 (Queensland).
Please read the privacy statement for more 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.

Waiver

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

Severability

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

Contact

If you have any questions regarding our terms and conditions of use or if you encounter any problems with SPER online services, please contact us.

We reserve the right to cancel your access to SPER online services at any time at our discretion including if you do not comply with these Terms and Conditions of Use.