Terms & conditions - Vehicle Immobiliser installers

Terms and conditions for the Queensland Government Vehicle Immobiliser Subsidy Trial

Service Provider (Organisation)

  1. Definitions and interpretation
  2. Application of these terms and conditions
  3. Eligibility criteria
  4. Registration process
  5. Obligations
  6. Verification
  7. Redemption process
  8. Repayment obligations
  9. Closure, suspension or variation of Queensland Government Vehicle Immobiliser Subsidy Trial
  10. Liability and general

1. Definitions and interpretation

1.1 In these Terms and Conditions:

  1. Definitions:

Organisation means a business (sole-trader, partnership, private company or public company, trust or incorporated not for profit organisation or company) operating in Queensland under an active Australian Business Number (ABN) that has been approved by the Department as an installer under the Queensland Government Vehicle Immobiliser Subsidy Trial.

Individual means the individual registered owner of the vehicle and is named on the Voucher.

Department means the State of Queensland (represented by the Department of Tourism, Innovation and Sport or Queensland Police Service).

Eligible Vehicle Immobilisers means a vehicle immobiliser approved under the Queensland Government Vehicle Immobiliser Subsidy Trial.

Eligibility Criteria means the eligibility criteria in clause 3.1.

Installation means the installation of an eligible vehicle immobiliser device performed professionally by an organisation who have qualified installation staff which has been paid for by the Individual.

Total Invoice Charge means the sum of the price charged for an eligible vehicle immobiliser device and the price charged for installation, and sundry costs (including GST) associated with the installation.

Tax invoice means a document that can be identified as a tax invoice and must include the following: organisation name, ABN, date invoice was issued, description of the immobiliser device installed and the price charged for installation, plus GST amount payable (per ATO requirements).

Registered owner is the individual/s registered as the nominated operator/s of the vehicle with Department of Transport and Main Roads.

Round means the Queensland Government Vehicle Immobiliser Subsidy Trial round that a voucher is issued by the Department to an eligible individual.

Terms and Conditions means these terms and conditions in place for Organisations under the Queensland Government Vehicle Immobiliser Subsidy Trial and as updated and amended from time to time.

Voucher means a voucher issued by the Department to an eligible individual under the Queensland Government Vehicle Immobiliser Subsidy Trial.

ZEV means Zero Emission Vehicle that produces no exhaust fumes or emissions from its motor. A battery electric vehicle (BEV) is one type of ZEV.

  1. Headings are for convenience and do not affect interpretation.
  2. “Include”, “includes” and “including” must be read as if followed by the words “without limitation”.
  3. A word importing the singular includes the plural (and vice versa).
  4. A reference to any legislation includes any consolidation, amendment, re-enactment, or replacement of legislation.
  5. A reference to a program, government department or agency, website or grant management system in these Terms and Conditions, will include a replacement, or renamed program, government department or agency, website or grant management system that is the same or similar.

2. Application of these terms and conditions

2.1 These Terms and Conditions apply to the Organisation’s participation in the Queensland Government Vehicle Immobiliser Subsidy Trial, its registration and the acceptance and redemption of a Voucher.

2.2 These Terms and Conditions may be updated and amended from time to time and will take effect as the replacement Terms and Conditions on being posted to Queensland Government Vehicle Immobiliser Subsidy Trial pages.

2.3 The Organisation is responsible for checking the Terms and Conditions at the start of each Round and must advise the Department if it wishes to be removed as an Organisation or no longer meets the Eligibility Criteria.

2.4 Any changes to the Terms and Conditions which take effect during a Round will be notified to Organisations via the email address in the Organisation’s Enquire account and be posted to the Queensland Government Vehicle Immobiliser Subsidy Trial pages.

3. Eligibility criteria

3.1 To be eligible to be an Organisation, an organisation must:

  1. have a valid and current Australian Business Number (ABN).
  2. have staff who have qualifications to approve or conduct an instillation in either/or-
    1. a Mechanical certification III
    2. Auto Electrics Certification III
    3. ZEV qualifications 

 

  1. operating from a registered address in Queensland.

(This section allows an apprentice or other suitably experienced staff to conduct an instillation of an engine immobiliser with the qualified staff listed i, ii or iii validating the install)

4. Registration process

4.1 An organisation that meet the Eligibility Criteria is eligible to apply to become an Organisation.

4.2 An organisation’s application for registration may or may not be accepted by the Department, at the Department’s sole discretion. The Department’s decision is final, and the Department is not required to provide reasons.

4.3 The Department may contact an organisation to verify or request further information in relation to its application.

4.4 If an organisation’s application is accepted, its details will be included on the Government website.

4.5 The Department may, at any time, cancel the Organisation’s registration under the Queensland Government Vehicle Immobiliser Subsidy Trial if:

  1. the Organisation did not or no longer meets the Eligibility Criteria or has changed its legal entity or status;
  2. there are serious misconduct allegations or findings against the Organisation, committee member or an officeholder of the Organisation;
  3. the Department holds reasonable concerns that the Organisation has engaged in activity or conduct contrary to the Queensland Government Vehicle Immobiliser Subsidy Trial or in respect of the application for, acceptance of or redemption of a Voucher/s;
  4. the Organisation fails to notify the Department under clause 5.1(m); and/or
  5. the Organisation does not comply with these Terms and Conditions.

4.6 The Department’s cancellation of an Organisation’s registration under clause 4.5 will take effect upon the Organisation’s receipt of a written notice.

4.7 An Organisation may ask for its registration as an Organisation to be cancelled for during the Round.

4.8 If an Organisation’s registration is cancelled under clauses 4.6 or 4.7, the Terms and Conditions continue to apply in relation to that organisation’s participation in the Queensland Government Vehicle Immobiliser Subsidy Trial and for the Vouchers accepted and/or redeemed by the organisation, in particular clauses 5.1(g), 5.1(h), 5.1(i), 5.1(n), 5.2(d), 5.3, 6.2, 8 and 10 continue to apply.

5. Obligations

5.1 The Organisation agrees:

  1. to ensure that it meets the Eligibility Criteria at all times during its registration as an Organisation;
  2. to ensure that at all times, if approved, the organisation installs only the Eligible Vehicle Immobilisers;
  3. to install the vehicle immobiliser on the registered vehicle as listed on the Voucher;
  4. to ensure that at all times, the bank statement provided to the Department shows the business account name which matches the Organisation’s legal name;
  5. to comply with these Terms and Conditions and all laws (being, Acts, regulations, by-laws, approvals and requirements of any authority in relation to the services and activities provided by it);
  6. that it will only accept one Voucher per installation;
  7. that all Vouchers must be redeemed by the voucher redemption expiry date as specified on the Voucher. The Department will not accept redemption of a Voucher presented after this date;
  8. to only accept and redeem a voucher for Eligible Vehicle Immobilisers under the Queensland Government Vehicle Immobiliser Subsidy Trial as specified on the Departmental website;
  9. that where the Organisation has accepted a Voucher and does not redeem it before it expires, the Organisation is responsible for covering the Individual’s cost up to the value of the Voucher, and not seek this payment from the Individual. Without limiting any other rights, the Department may have under these Terms and Conditions, the Department may cancel your participation as an Organisation under the Queensland Government Vehicle Immobiliser Subsidy Trial where an Organisation does not comply with this clause;
  10. to only accept a Voucher, for redemption against the total invoice charge for the purchase and installation of an Eligible Vehicle Immobiliser, and not for any other purchase or charges;
  11. that Vouchers can only be redeemed up to a maximum of $500, against the total invoice charge;
  12. that Vouchers must be received, and accepted by it, during the process of payment and the issuing of an tax invoice on completion of the installation;
  13. to notify the Department immediately if:
    1. there is a change to its legal status, or it no longer meets the Eligibility Criteria or its bank account details change (and provide evidence showing compliance with clause 5.1b above);
    1. there are serious misconduct allegations against it or one of its committee members or officeholders; or
    2. it reasonably suspects that the Individual presenting a Voucher (including where a Voucher is being presented on behalf of the Individual) may not be eligible under the Queensland Government Vehicle Immobiliser Subsidy Trial;
  1. to comply with the Department’s reasonable requests (including for information and documents) about it, qualifications of its staff, a Voucher, or its eligibility for registration under the Queensland Government Vehicle Immobiliser Subsidy Trial and its redemption of a Voucher, to the Department’s satisfaction.

5.2 The Organisation acknowledges that:

  1. if the total invoice charge is more than $500 (including GST), it will be required to seek the difference from the Individual;
  2. if the total invoice charge is less than $500 (including GST), the balance is not redeemable in cash and cannot be used towards other costs not related to the installation;
  3. the Voucher is not transferable and can only be used for the Installation Costs for the Vehicle Registration Number named on the particular Voucher;
  4. the Department may not accept redemption of a Voucher that has been accepted other than in accordance with these terms and conditions.

6. Verification

6.1 The Department reserves the right, at its discretion, to verify any information in connection with the Organisation’s participation in the Queensland Government Vehicle Immobiliser Subsidy Trial or before deciding whether to issue or accept the redemption of a Voucher. Verification may include any or all of the following:

  1. requesting additional information from the Organisation;
  2. making enquiries with the Individual; and
  3. anyone else.

6.2 The Organisation must retain copies of all documents associated with its participation in the Queensland Government Vehicle Immobiliser Subsidy Trial including the Tax invoice and its acceptance and redemption of each Voucher for 3 years after accepting a Voucher, to allow for post-redemption verification or as part of an audit, if required by the Department.

7. Redemption process

7.1 The Organisation can only redeem valid Vouchers through their Enquire portal or as otherwise advised by the Department.

7.2 The Organisation agrees:

  1. to perform suitable checks to ensure the Voucher is redeemable prior to performing any works;
  2. to provide a copy of the tax invoice when redeeming the Voucher; 
  3. to provide the installers name and qualifications of the person who installed (or supervised the work of the installer) of the vehicle immobiliser when redeeming the Voucher
  4. that the nominated banking details provided must be in its name or under its control;
  5. that the representative seeking redemption of a Voucher on its behalf must be a duly authorised delegate;
  6. to maintain its details, including its banking details, in its online Enquire account to ensure prompt payment of funds;
  7. to redeem Vouchers prior to the voucher redemption expiry date identified on each Voucher;
  8. to only redeem a Voucher once and used for the vehicle registration on the Voucher;
  9. to provide all information to the Department requested during the redemption process; and
  10. to promptly contact the Department if any difficulties are experienced in redeeming a Voucher or for non-receipt of funds from the Department.

7.3 The Department will make reasonable endeavours to transfer funds in relation to a redeemed Voucher into the Organisation’s nominated bank account within 3-10 business days from the day a Voucher request redemption is accepted by the Department, depending on its financial institution and provided the correct information has been supplied by the Organisation.

7.4 Despite clause 7.3, the Department is not liable to the Organisation where funds are not received into its nominated bank account within 10 business days or where incorrect bank account details have been provided.

7.5 The Department is under no obligation to re-transfer funds where the Organisation has not provided up to date or accurate bank account details, and the transferred funds were not received by the Organisation.

7,6 The Department is under no obligation to refund the Organisation if the Voucher has been fully or partially redeemed for cash.

8. Repayment obligations

8.1 The Department may require the Organisation to repay funds received in redeeming a Voucher if the Organisation:

  1. has provided the Department with information that is untrue, false or misleading;
  2. has engaged in activity or conduct contrary to the Queensland Government Vehicle Immobiliser Subsidy Trial or in respect of the application for, acceptance of or redemption of a Voucher/s;
  3. did not or no longer meets the Eligibility Criteria;
  4. has changed its legal status or legal entity and did not apply to be an Organisation under the new legal entity name or status; or
  5. has not complied with its obligations in clauses 5 and 7.

9. Closure, suspension or variation of Queensland Government Vehicle Immobiliser Subsidy Trial

9.1 The Department reserves the right, at any time, to:

  1. vary these Terms and Conditions, including the Eligibility Criteria and the process for redeeming the Vouchers
  2. vary the maximum Voucher amount
  3. vary the number of Vouchers available per Round under the Queensland Government Vehicle Immobiliser Subsidy Trial
  4. vary the Queensland Government Vehicle Immobiliser Subsidy Trial requirements
  5. close early, suspend or stop the operation of the Queensland Government Vehicle Immobiliser Subsidy Trial;
  6. alter or change the number of Rounds per year and/or the opening and closing date for each Round; and/or
  7. reduce or extend the period of the Queensland Government Vehicle Immobiliser Subsidy Trial.

9.2 The Department will endeavour to take into consideration, where appropriate, the impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, before any such action is taken.

9.3 Any action taken to close early, suspend or stop the Queensland Government Vehicle Immobiliser Subsidy Trial  will be notified on the Queensland Government Vehicle Immobiliser Subsidy Trial pages.

10. Liability and general

10.1 The Department is not liable for any loss or damage, including personal injury, that may be sustained by the Organisation, the Individual or any other person, while participating in the Queensland Government Vehicle Immobiliser Subsidy Trial .

10.2 The Department expressly disclaims all liability, to the extent permitted by law, for any loss, damage or other consequence whatsoever whether direct or indirect, which may arise from the Organisation’s participation in the Queensland Government Vehicle Immobiliser Subsidy Trial.

10.3 The Organisation must not assign or subcontract its rights and obligations under the Terms and Conditions or in relation to a Voucher, without the Department’s prior written consent.

10.4 No rights under these Terms and Conditions will be waived except by notice in writing signed by the waiving party.

10.5 The Queensland Government Vehicle Immobiliser Subsidy Trial and all related documents are governed by the laws of the State of Queensland.

10.6 Notices will be issued by the Department to the Organisation’s physical or email address as listed in its online contact details under the Queensland Government Vehicle Immobiliser Subsidy Trial.

10.7 Except for amendments to the Terms and Conditions which take effect in accordance with clause 2, all other notices will be deemed to take effect when they have been received by the Organisation, which is deemed to occur as follows:

  1. immediately, where delivered by hand;
  2. immediately upon receipt of email confirmation; or
  3. 5 business days from date of posting.

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