Flexible bus service

TC FlexiBus Privacy policy

1. Background
   1. TC FlexiBus System

      The Territory uses the TC FlexiBus System, an electronic booking platform, to coordinate travel for eligible Users of the Flexible Bus Service. The System processes User booking information to generate routing and scheduling details and to manage access to the service.

   2. Account Creation and Information Collection

      To access the Flexible Bus Service, Users or their Authorised Person must demonstrate eligibility. Once eligibility is confirmed, the Territory will create a registered account for the User within the TC FlexiBus System, with the User’s or their Authorised Person’s consent. The following Personal and Sensitive Information about the User may be collected and stored for this purpose:

      • First and last name

      • Residential address

      • Phone and/or mobile number

      • Email address

      • Emergency contact details

      • Authorised Person details

      This information is used to verify eligibility, facilitate Service and System administration, delivery and improvement, manage bookings, support emergency response, and fulfil any duty of care obligations that may arise. Account information is retained within the System and is used solely for service delivery purposes. It is not shared with other government agencies unless permitted or required under this Policy or by law.

   3. Accuracy, Access and Correction of Personal and Sensitive Information

      In accordance with the Information Privacy Act 2014 and the Territory Privacy Principles (TPPs), the Territory is committed to ensuring the quality and integrity of Personal and Sensitive Information held in relation to this Service.

      1. Accuracy and User Responsibility (TPP 10)

         The Territory takes reasonable steps to ensure that Personal and Sensitive Information collected, used, disclosed, or entered into the System is accurate, up-to-date, complete, and relevant for the purposes for which it is held. This includes ensuring accuracy at the point of data entry and through ongoing data management practices.

         It is the responsibility of the User or their Authorised Person to provide accurate and current information. Keeping the User’s contact details and other personal information up to date helps the Territory deliver services effectively.

         Territory staff are trained in the appropriate collection and handling of Personal and Sensitive Information.

      2. Access and Correction Rights (TPP 12 & TPP 13)

         Users, or their Authorised Person, have the right to:

         • Access their Personal and Sensitive Information held by the Territory; and
         • Request correction if they believe the information is inaccurate, incomplete, out-of-date, irrelevant, or misleading.

         To make a request, contact the Service Call Centre on (02) 6205 3555 or email fbs@act.gov.au, Monday to Friday, 8:00 am–4:30 pm. Identity verification may be required to protect privacy and ensure lawful handling of the Users Personal and Sensitive Information held by the Territory.

         If a correction is made and the information has previously been disclosed to another party, you may request that we notify them of the correction. If we refuse to correct the information, you may request that a statement be associated with your record outlining your view.

         All requests will be managed in accordance with this Policy, the Transport Canberra and City Services (TCCS) Privacy Policy and applicable legislation.

      3. Data Protection and Lifecycle

         The Territory ensures that Personal and Sensitive Information is:

         • Used only for lawful and authorised purposes;
         • Disclosed only where permitted or required by law;
         • Protected against unauthorised access, misuse, or loss; and
         • Destroyed or de-identified when no longer required.
2. Definitions

   In this Policy, the following terms and definitions apply unless otherwise stated:

   • Accompanying Person: means a person who has been approved as a User by the Territory in accordance with clause 4 of the Terms and Conditions of Service.
   • Associated Parties: includes the Territory’s related entities, its contractors and subcontractors.
   • Authorised Person: for a User, means an individual who the User has nominated, in writing, to have act on their behalf.
   • Emergency Contact: for a User, means an individual who the User has been nominated, in writing, to be contacted in circumstances involving an emergency, incident, or where there is a reasonable concern regarding the User’s health, safety, or welfare.
   • Nominated Contact: for a User means the User’s Authorised Person or Emergency Contact.
   • Relevant Territory Website: means any official ACT Government website or digital platform managed or endorsed by the Territory, including but not limited to Transport Canberra (TC), where information, updates, and services related to FlexiBus Systems and Flexible Bus Service operations are published or made available to the public.
   • Research Organisation: means an entity whose primary purpose is to conduct, support, or facilitate research and development activities. These organisations may operate in the public, private, or not-for-profit sectors and can include:
     • Universities and academic institutions
     • Government research agencies
     • Government Agencies
     • Independent research institutes
     • Non-profit organisations focused on research
     • Private companies conducting scientific or applied research.
   • Service: means the Flexible Bus Service, being a point-to-point shuttle transport service provided by or on behalf of the Territory, operating within a designated Service Zone and available for booking by a User or an Authorised Person.
   • Service Zone: means the geographical area the service is available in.
   • System: also known as TC FlexiBus, means the booking and routing software used by Territory staff to manage the Service.
   • System Usage Data: means the information collected, stored, or processed by the Territory in relation to individuals who access or use the Service or System. This includes both Personal Information and Sensitive Information as defined under the Information Privacy Act 2014, as well as non-identifiable data related to Service or System usage. System Usage Data may include: number of trips taken, routes most frequently used, time of day or day of week with highest demand, average trip duration or distance, boarding and alighting locations, service performance metrics (e.g. delays, cancellations).
   • TC FlexiBus Account: means a User profile within the System created by the Territory for the User to allow the User, to use the Service. A TC FlexiBus Account for a User may include Personal and Sensitive Information about the User’s eligibility status, and the User’s booking history.
   • Territory: means the Australian Capital Territory as establish under the Australian Capital Territory (Self-Government) Act 1988 (Cth).
   • Third Parties: means User’s nominated emergency contact, City and Environment Directorate (CED), ACT Insurance Authority (ACTIA), ACTIA Underwriter, ACT Government Solicitor (ACT GS), ACT Ambulance, ACT Fire and Rescue, Australian Federal Police (AFP) and regulatory bodies.
   • User: means any individual that is authorised by the Territory as being eligible in accordance with Terms and Conditions of Service (Flexible Bus Service) clause 3 and Accompanying Persons in accordance with clause 4.
   • Vehicle: means a vehicle used by or on behalf of the Territory to provide the Service.
3. Scope of policy
   1. Relationship to City and Environment Directorate Privacy Policy

      This Policy is intended to serve as an addendum to the TCCS Privacy Policy. This policy covers Users and Authorised Persons who use the Service and System.

   2. Incremental introduction

      The System is being continually developed, and new elements are introduced progressively over time. The provisions of this Policy relate to the elements that have been introduced to date.

      The Policy will be reviewed and updated as required when new elements are introduced to the System that may use User’s Personal and Sensitive Information in a different way than already outlined.

   3. Amendments

      The Territory may make amendments to this Policy, and its information handling practices from time to time. The Territory will publish those changes on the Relevant Territory Website and update this Privacy Policy as required to ensure compliance while considering Users’ expectations at the time Personal and Sensitive Information was collected.

4. Personal and Sensitive Information and the TC FlexiBus System
   1. Collecting Personal and Sensitive Information

      The Territory collects, stores, uses, and discloses User information, including Personal and Sensitive Information as defined under the Information Privacy Act 2014. This Personal and Sensitive Information is managed within the System.

      Some data, such as travel history, may not identify individuals on its own but may become identifiable when linked with other User details. All handling of information complies with Territory privacy requirements and is used solely for the administration, delivery, and improvement of the Service and System.

   2. Purpose of collection

      The Territory will collect information that is necessary for the purpose of:

      • administration and delivery of the Service and System; and
      • supporting our responsibilities for Service coordination, including but not limited to administration, delivery, and improvement of the Service, research, planning and policy development for transport, security, transport services and transport infrastructure.

      In so doing, information collected may be used to:

      • deliver and administer the Service and support to Users including personalised journey planning and viewing travel history
      • support the administration, delivery and improvement of the System;
      • undertake planning, reporting, policy development, research and statistical analysis to manage, evaluate, and improve transport, security, transport services and transport infrastructure;
      • engage in marketing and disseminating information regarding Services and products to Users who choose to receive such information;
      • engage or support emergency services in the event of an incident; and
      • carry out surveys to obtain feedback from Users who choose to do so.
   3. Open Data

      The Territory may publish anonymised (de-identified) and risk-assessed System Usage Data to support the objectives of the Transport Canberra Open Data Strategy, the Transport Canberra Open Data Policy, TCCS Open Access Information Policy, and the ACT Government Open Data Policy.

      System Usage Data refers to non-identifiable information about how the Service is used, such as trip volumes, route popularity, and service performance. Before any data is released, it is assessed to ensure it does not contain Personal or Sensitive Information and that the risk of re-identification is appropriately mitigated.

      All Open Data releases comply with Territory privacy legislation and data governance standards.

5. Information collected by the Territory and used by the TC FlexiBus System
   1. Collection of information

      The Territory only collects information that is reasonably necessary for the purpose of administering, delivering and improving the System. The Territory relies on Users to provide it with and maintain accurate and up to date Personal and Sensitive Information.

      1. Anonymity and Pseudonymity accounts

         In accordance with Territory Privacy Principle (TPP) 2 of the Information Privacy Act 2014, individuals have the right to remain anonymous or use a pseudonym when interacting with Territory services, where lawful and practicable.

         However, due to the eligibility criteria and operational requirements of the Service, it is not practicable to create anonymous or pseudonymous accounts. User identification is necessary to verify eligibility, manage bookings, and ensure safe and effective Service delivery. As such, all TC FlexiBus Accounts must be registered with true and identifiable User information.

      2. Registered accounts

         To access and use the Service, Users must meet specific eligibility criteria. Once eligibility is confirmed, the Territory will create a registered Account for the User within the System. In creating and managing this Account, the Territory may collect and store the following Personal and Sensitive Information about the User:

         • First and last name
         • Residential address
         • Phone and/or mobile number
         • Email address
         • Emergency contact details
         • Authorised person details where applicable

         This information is used to verify eligibility, facilitate service delivery, and ensure User safety. All data is handled in accordance with the Information Privacy Act 2014 and relevant Territory privacy policies.

      3. Information collected when the Service is used

         The Territory collects System User Data and information about a User’s journey for the administration, delivery and improvement of the Service and System. The information collected with respect to each journey may include:

         • The date of the journey;
         • The time the journey starts or ends;
         • The location where the journey route starts or ends;
         • The zone or zones of the within which the journey travelled; and
         • Any Accompanying Person for the User for the journey.
      4. Contacting Users

         If a User or Authorised Person provides the Territory with Personal or Sensitive Information, the User or Authorised Person consents to the Territory using that information to contact them or their Authorised Person and communicate with them or their Authorised Person. This includes the Territory contacting the User or Authorised Person in the event that the Territory has an issue relating to the Service or System.

      5. Enquiries or complaints

         Personal and Sensitive Information (normally a name, contact number, address, and/or email address) will be obtained from a User or Authorised Person to enable the Territory to respond to enquiries or complaints.

6. Use and disclosure of Personal and Sensitive Information
   1. Use of Personal and Sensitive Information

      The Territory may use the Personal and Sensitive Information it collects for the purposes set out in this Policy and the Service Terms and Conditions. By using the Service provided by the Territory, Users consent to the collection, use and disclosure of their Personal and Sensitive Information in the manner outlined in this Privacy Policy.

      Upon providing information to the Territory relating to the Service, a User or their Authorised Person will be asked to consent to the Territory contacting them via text, phone, mail or email in relation to the administration, delivery and improvement of the Service and System.

      The Territory will not send Users promotional material or advertising via text or email without User’s express consent.

   2. Contractors

      The Territory engages contractors to deliver aspects of the Service and System on its behalf. The Territory may need to share Personal and Sensitive Information with those contractors to allow the contractor to deliver the services it has been engaged for. The main contractor engaged to implement, manage and operate the System is Liftango Pty Ltd.

      The Territory is responsible for ensuring that contractual arrangements with contractors include appropriate privacy provisions to protect Personal and Sensitive Information and enable the Territory to meet its obligations under privacy law. Contractors may engage sub-contractors who are also covered by this contractual arrangement to ensure personal privacy obligations are met.

   3. Disclosure to third parties

      Personal and Sensitive Information about Users may also be disclosed to Third Parties with the User’s or their Authorised Person's consent, or as set out in clauses 6.3.1 to 6.3.8 where the disclosure is made in accordance with this Policy and the Transport Canberra Privacy Policy.

      1. Research organisations

         De-identified information may be disclosed to Research Organisations and Associated Parties for the purpose of analysing data about the Service to assist in improving the delivery of the Territory’s functions and activities.

         The information and data from the Service and System may be used to generate anonymised and aggregated statistical and analytical data to be used by the Territory and Associated Parties for internal research and product development purposes, to conduct statistical analysis, drive improvement and identify trends and insights. Additionally, the Associated Parties may supply the aggregated statistical and analytical data to third parties following the Territory’s written consent.

      2. Law enforcement

         The Territory may disclose your Personal and Sensitive Information, including travel data, to law enforcement agencies or other authorised bodies where such disclosure is:

         • required or authorised by law; or
         • reasonably necessary for enforcement-related activities (such as the prevention, detection, investigation, prosecution, or punishment of criminal offences or breaches of law), in accordance with TPP 6.2(e) of the Information Privacy Act 2014; or
         • necessary to prevent or lessen a serious threat to the life, health, or safety of any individual or to public health or safety.

         Where such disclosures occur, the Territory will make a written record of the disclosure as required under TPP 6.3 and will take reasonable steps to ensure that any receiving party handles your information in accordance with applicable privacy obligations.

      3. Requirement by law

         The Territory may disclose your Personal and Sensitive Information to Third Parties when permitted or required to do so by law. This includes, for example, responding to a court order, warrant, subpoena, or other legal process. Such disclosures are made in accordance with TPP 6 of the Information Privacy Act 2014, and only to the extent necessary to comply with the Territory’s legal obligations.

      4. Threat to life, health or safety

         The Territory may disclose a User’s or an Authorised Person’s Personal and Sensitive Information to Third Parties where the Territory reasonably believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life, health, or safety of any individual, or to public health or safety. This is in accordance with TPP 6.2(c) of the Information Privacy Act 2014.

      5. Accident or claim

         In the event of an accident, incident, or claim, the Territory may collect, use, and disclose a User’s or an Authorised Person’s Personal and Sensitive Information to relevant Third Parties—including insurers, legal representatives, regulatory bodies, and emergency services—for purposes such as investigation, claims management, legal proceedings, or compliance with statutory obligations.

         Such disclosures will be made in accordance with the Information Privacy Act 2014, including the TPPs, and only where:

         • a User or their Authorised Person has consented, or
         • the disclosure is required or authorised by law, or
         • it is reasonably necessary for a permitted health or safety purpose, or
         • it is otherwise permitted under the TPPs.

         The Territory will take reasonable steps to ensure that any Third Party receiving a User’s or an Authorised Person’s Personal and Sensitive Information handles it in accordance with applicable privacy obligations.

      6. Record of Disclosure

         Where the Territory discloses Personal and Sensitive Information under specific exceptions permitted by the Information Privacy Act 2014, it will make a written record of the disclosure in accordance with TPP 6.3.

         This record will include details such as:

         • the date of the disclosure,
         • the nature of the information disclosed,
         • the purpose of the disclosure,
         • the identity of the recipient, and
         • the legal basis or exception under which the disclosure was made.

         The Territory will also take reasonable steps to ensure that any Third Party receiving the information handles it in accordance with applicable privacy obligations.

      7. Nominated Contact

         When a User or their Authorised Person provides details of a Nominated Contact, the User or their Authorised Person is giving explicit consent for the Territory to share the User’s Personal and Sensitive Information with the Nominated Contact, as necessary, to support the User to use of the Service and ensure the User’s safety and wellbeing.

         Your consent enables the User’s Nominated Contact to:

         • Access, view, or update the User’s Personal and Sensitive Information on the User’s behalf;
         • Make or modify bookings for the User;
         • Be contacted and/or notified about the User’s bookings, eligibility, or other matters relating to the User’s use of the Service.

         The Territory will seek a User’s consent at the time they nominate a Nominated Contact, or when establishing a TC FlexiBus Account. The Territory will only use and disclose a User’s Personal and Sensitive Information to their Nominated Contact in accordance with the User’s consent and as permitted by the Information Privacy Act 2014.

      8. Withdrawing or Updating Consent by a User

         A User may withdraw or update their nomination of a Nominated Person at any time. To do so, the User must contact the Territory using the contact details provided in this Policy (see clause 1.3). Upon receiving the request, the Territory will promptly update its records and remove or amend the Nominated Person’s access as instructed by the User.

         Please note: In accordance with the Terms and Conditions of the Service, withdrawing consent of an Emergency Contact without a nominated replacement may affect a User’s ability to access the Service.

      9. Authorised Person Removing Themselves or Updating Their Information

         An Authorised Person may request to remove themselves from being an Authorised Person for a User or update their Personal and Sensitive Information at any time. To initiate this request, the Authorised Person must contact the Territory using the contact details provided in this Policy (see clause 1.3). Once the request is received, the Territory will promptly update its records and take appropriate action to reflect the change.

7. Data storage and security
   1. Data storage

      Personal and Sensitive Information is stored securely in databases within the System, in accordance with ACT Government records management requirements. All stored data is encrypted using industry-standard encryption algorithms.

   2. Data in Transit

      When Personal and Sensitive Information is transmitted within the System or disclosed to authorised Third Parties, it is protected using standard HTTPS/TLS encryption protocols.

   3. Data Security

      The Territory is committed to protecting Personal and Sensitive Information from misuse, interference, loss, and unauthorised access, modification, or disclosure, as required by TPP 11. The Territory adopts relevant industry standards and ACT Government Cyber Security Policy to safeguard Personal and Sensitive Information throughout its lifecycle.

   4. Links to other websites

      The Service website may contain links to other external websites. Whilst such links are provided for convenience, Users should be aware that the information handling practices of the linked websites might not be the same as the Territory’s.

   5. Notifying users about security breaches relating to privacy

      The Territory takes reasonable steps to protect Personal and Sensitive Information from loss, unauthorised access, unauthorised use or disclosure. In the event of a security breach that affects a User’s Personal and Sensitive Information, the Territory will act in accordance with the ACT Government procedure for responding to privacy breaches involving Personal and Sensitive Information.

8. Data Destruction and de-identification of Personal and Sensitive Information
   1. Destruction and De-identification of Personal and Sensitive Information

      The Territory is committed to managing Personal and Sensitive Information in accordance with the Information Privacy Act 2014 and the Territory Records Act 2002.

      Personal and Sensitive Information collected and held by the Service and System will be securely destroyed or permanently de-identified when it is no longer required for any lawful purpose, including service delivery, legal compliance, or recordkeeping obligations.

   2. Destruction of Information

      Destruction of records, information and data will be:

      • Authorised under an approved Records Disposal Schedule issued by the Director of Territory Records;
      • Irreversible, ensuring that the information cannot be retrieved, reconstructed, or accessed;
      • Secure, using methods appropriate to the format (e.g. shredding for paper, secure deletion for digital files);
      • Documented, with disposal actions recorded and reported to the Territory Records Office as required under section 33 of the Territory Records Act 2002.

      Records subject to legal proceedings, Freedom of Information requests, or disposal freezes will not be destroyed, even if otherwise eligible under a disposal schedule.

   3. De-identification of Information

      Where destruction is not appropriate or required, the Territory may de-identify personal information so that individuals can no longer be reasonably identified. This process involves:

      • Removing or modifying identifying details such as names, addresses, images, and unique identifiers;
      • Aggregating data into statistical formats where individual identities are not discernible;
      • Ensuring that de-identified data cannot be re-linked to individuals through other available information.

      De-identification will be conducted in accordance with Territory Privacy Principle 4 and best practice guidance to minimise the risk of re-identification.

Terms and conditions of service

Please ensure you read and understand the terms and conditions fully before using the service.

1. Acknowledgement and Acceptance
   1. The Flexible Bus Service (the Service) is a community transport service provided by the Territory to support individuals who are unable to access standard public transport options.
   2. The Service is only available to people who meet stated eligibility criteria and free for Users.
   3. Use of the Service is governed by these Terms and Conditions. These Terms and Conditions may be updated by the Territory from time to time without prior notice.
   4. The Territory will make the make the Terms and Conditions available on a Relevant Territory website, and while make updates available on the Website as soon as practicable after the update is made.
   5. A User is taken to have accepted these Terms and Conditions in full and formed a contractual relationship between the User and the Territory, when the User’s TC FlexiBus Account is established.
   6. A User is taken to have accepted updates to these Terms and Conditions by using the Service after the update is made available on the Relevant Territory’s Website.
   7. These Terms and Conditions should be read in conjunction with other relevant policies, as updated by the Territory from time to time, including, but not limited to:
      1. TC FlexiBus Privacy Policy.
      2. Code of Conduct for Transport Canberra passengers.
      3. Carriage of Goods on Buses Policy.
      4. Any Flexible Bus Service Policies on a Relevant Territory website.
   8. These Terms and Conditions supersede any prior arrangement between the User and the Territory.
   9. Users are responsible for ensuring their ongoing compliance with these Terms and Conditions, including any subsequent updates.
   10. Users are responsible for the appropriate use of the Service.
   11. The Territory may refuse service to a person with a TC FlexiBus Account at the Territory’s discretion.  However, all decisions made by the Territory will be made in accordance with applicable ACT Government policies, and laws including the Human Rights Act 2004.
2. Definitions
   1. In these Terms and Conditions, the following definitions apply unless otherwise stated:
   • Accompanying Person: for a User, means a person who has been nominated by the User to accompany them when using the Service and has been approved by the Territory to travel on the Service for the purpose of accompanying the User.
   • Account: means a TC FlexiBus Account.
   • Authorised Person: for a User means a person who the User has nominated, in writing, to have act on their behalf.
   • Booking: for a User means a confirmed agreement for the Territory to pick up the User, and at the request of the User an Accompanying Person, at an agreed date, time and location, and transport them to an agreed location.
   • Emergency Contact: for an Accompanying Person, means an individual who the Accompanying Person has been nominated to be contacted in circumstances involving an emergency, incident, or where there is a reasonable concern regarding the Accompanying Person’s health, safety, or welfare.
   • Emergency Contact: for a User, means an individual who the User has been nominated to be contacted in circumstances involving an emergency, incident, or where there is a reasonable concern regarding the User’s health, safety, or welfare.
   • Flexible Bus Service: means a free transport service provided by or on behalf of the Territory, in accordance with these Terms and Conditions, for Users and their Accompanying People.
   • Nominated Contact: for a User means the User’s Authorised Person or Emergency Contact.
   • Privacy Policy: means the Flexible Bus Service Privacy Policy, as amended from time to time, available on a Relevant Territory website.
   • Service: means the Flexible Bus Service.
   • System: also known as TC FlexiBus, means the booking and routing software used by the Territory to operate and manage the Service.
   • Relevant Territory website: means a website operated by the government agency that operates the Service.
   • TC FlexiBus Account: means a User’s or Accompanying Person’s profile within the System created by the Territory for the User or Accompanying Person to allow them to use the Service. A TC FlexiBus Account may include personal and personal and sensitive information and information about the User’s or Accompanying Person past and planned use of the Service.
   • Territory: means the Australian Capital Territory as establish under the Australian Capital Territory (Self-Government) Act 1988 (Cth).
   • User: means a person who is authorised by the Territory as being eligible to use the Service and for whom an Account has been made and is active.
   • Vehicle: means a vehicle used by or on behalf of the Territory to provide the Service.  Vehicles are not classified as a public bus under the Road Transport (Public Passenger Services) Act 2001.  All Vehicles are wheelchair accessible and feature:
     1. Two Step entry
     2. Seatbelts
     3. Designated space for wheelchair or mobility aid
     4. Lift for wheelchair and mobility aid access only.
3. Eligibility to be a User
   1. A User or their Authorised Person may apply to the Territory to use the Service by calling the Service call centre on (02) 6205 3555 or email us at fbs@act.gov.au.
   2. Eligibility to be a User will be assessed by the Territory on a case-by-case basis subject to approval at the sole discretion of the Territory.
   3. An application to become a User may only be approved if the applicant meets one or more of the following criteria:
      1. aged 70 years or older;
      2. holds of a Disability Support Pension card and experiences mobility difficulties;
      3. is a person with disability and the disability effects their access to regular route services;
      4. holds a Vision Impaired travel pass issued by Transport Canberra;
      5. holds a Totally and Permanently Incapacitated travel pass issued by Transport Canberra;
      6. holds a Person with Permanent Impairment travel pass issued by Transport Canberra;
      7. affected by a temporary injury or impairment that prevents access to regular route services.
   4. Upon finding an applicant eligible to be a User, the Territory will create and maintain an Account for the User.
4. Approval of Accompanying People
   1. A User may nominate a person to accompany them when using the Service.
   2. The Territory may, at its discretion, approve a Nominated Person as an Accompanying Person.
   3. An Accompanying Person is not permitted to access or use the Service without their nominating User under any circumstances.
   4. Upon approval, the Territory will create and maintain an Account for the Accompanying Person.
   5. An Accompanying Person is taken to have accepted these Terms and Conditions in full, and formed a contractual relationship between the User and the Territory, when their Account is established.
   6. An Accompanying Person is taken to have accepted updates to these Terms and Conditions by using the Service after the update is made available on a Relevant Territory’s Website.
   7. These Terms and Conditions supersede any prior arrangement between the Accompanying Person and the Territory.
   8. Accompanying People are responsible for ensuring their ongoing compliance with these Terms and Conditions, including any subsequent updates.
   9. Accompanying People are responsible for the appropriate use of the Service.
   10. A User may revoke the nomination of an Accompany Person by notifying the Service in writing.
5. Nomination of Authorised People
   1. A User, or a person applying to be a User, may nominate one  person to be an Authorised Person to create an Account and make bookings on their behalf.
   2. By providing the details of an Authorised Person, a User confirm that:
      1. the Authorised Person consents to act on their behalf;
      2. any information provided about the Authorised Person is accurate, complete, and relevant to the operation of the Service;
      3. they consent to the Territory communicating with the Authorised Person and, where reasonably necessary, sharing relevant information to support the User’s use of the Service and ensure the User’s safety and wellbeing;
      4. the Territory may rely on instructions or communications from the Authorised Person as if they were made by User, unless otherwise notified in writing by the User.
      5. the Authorised Person understands their role and obligations under these Terms and Conditions.
   3. An Authorised Persons may provide Personal and Sensitive Information about a User to the Territory for the purpose of establishing and maintaining an Account and making bookings. By doing so, the Authorised Person confirms that appropriate consent has been obtained, and that the information provided is accurate, necessary, and handled in accordance with applicable privacy laws.
   4. A User may revoke the nomination of an Authorised Person by notifying the Service in writing.
6. Nomination of Emergency Contact
   1. Before making a Booking, a User must nominate an Emergency Contact who consents to their information being shared with the Territory, and must provide accurate, relevant, and up to date contact details for their Emergency Contact.
   2. Before making a Booking to accompany a User an Accompanying Person, an Accompanying Person must nominate an Emergency Contact who consents to their information being shared with the Territory, and must provide accurate, relevant, and up to date contact details for their Emergency Contact.
   3. By nominating an Emergency Contact, a User or Accompanying Person consents to the Territory using and, where necessary, disclosing their Personal and Sensitive Information to the Emergency Contact to support the User or Accompanying Person to use the Service and to ensure their safety and wellbeing. All Personal and Sensitive Information provided will be handled in accordance with the Information Privacy Act 2014, the Territory Privacy Principles and the TC FlexiBus Privacy Policy.
   4. A User or Accompanying Person may change their Emergency Contact by contacting the Service call centre, either by phone or in writing.
7. Account establishment, requirements and maintenance
   1. Upon approval by the Territory as a User or Accompanying Person, the User or Accompanying Person consents to the Territory establishing and maintaining a TC FlexiBus Account in their name in accordance with these Terms and Conditions.
   2. By becoming a User or Accompanying Person, a person warrants that they have the right, authority and capacity to enter into and abide by these Terms and Conditions and agree not to allow any other person to access the Service using their TC FlexiBus Account unless approved by the Territory.
   3. By registering for and using the TC FlexiBus Service, a User or Accompanying Person acknowledges and agrees that the creation of a TC FlexiBus Account requires them to provide Personal and Sensitive Information, which will be collected, used, and stored by the Territory for the purpose of establishing and managing their TC FlexiBus Account and delivering the Service.
   4. The Territory will treat all Personal and Sensitive Information provided by a User, an Authorised Person, an Accompanying Person or an Emergency Contact, in accordance with the TC FlexiBus Privacy Policy. This information will be used solely for the purpose of establishing and maintaining a TC FlexiBus Account and delivering the Service. The Territory will take reasonable steps to protect the confidentiality, integrity, and security of all information received.
   5. To use the Service, a User or Accompanying Person must maintain an Account.
   6. A User may cancel their account by notifying the Service in writing.
   7. A User or Accompanying Person who cancels their Account will no longer be considered a User or Accompanying Person.
   8. A User whose membership has been cancelled may reapply to the Territory to become a User.
   9. If a User or Accompanying Person becomes aware of errors or omissions their Account details, they should contact the Service call centre on (02) 6205 3555 or by emailing  at fbs@act.gov.au as soon as practicable.
8. Making a Booking
   1. To use the Service and board a Vehicle, a User or Accompanying Person must have a Booking.
   2. Bookings can be made by Users or their Authorised Persons by contacting the Service call centre on (02) 6205 3555 or by emailing fbs@act.gov.au.  A Booking is not confirmed until it is confirmed by a Territory official by phone or email.
   3. Users without a confirmed Booking will not be picked up under any circumstances.
   4. Bookings may be made up to 30 days in advance and must be made by close of business on the business day before date the Booking is made for.
   5. Priority will be given to the User that books first and the Territory will work with impacted Users to offer alternative travel times where necessary.
   6. The Service is bound by Service Zones and these are available on the Relevant Territory Website.  The Territory reserves the right to amend or redefine Service Zone boundaries at any time. Where such changes may affect a User’s eligibility or access to the Service, the Territory will provide reasonable notice to affected Users.
   7. The pick-up and end locations for a Booking must be in the same Service Zone as each other unless the end location is one of the following as per the Zone exemptions listed:
      1. Calvary Bruce Private Hospital (Zones 4 & 5);
      2. Calvary John James Hospital (Zone 3);
      3. Canberra Hospital precinct (Zone 3);
      4. Canberra Private Hospital (Zone 3);
      5. North Canberra Hospital (Zones 4 & 5);
      6. University of Canberra Hospital (Zones 4 & 5).
   8. A Booking will not be confirmed if the pick-up and end locations are in different Service Zones and the pickup or end location is not a location mentioned in 8.7.
   9. The Services does not provide allocated seating, and it is the responsibility of the User to select a seat when they board the Vehicle.
   10. All Bookings are subject to availability and will only be confirmed if there is capacity to do so in the Vehicle. If your requested journey time cannot be accommodated for any reason, the Service will offer an alternative available time.
   11. At the time of making a Booking Users should inform the Territory if they, or their Accompanying Person, requires assistance or reasonable adjustments to access the Service or Vehicle.
   12. Each Vehicle contains one designated space for a wheelchair or mobility aid. Users requiring this space must notify the Service call centre at the time of booking if they need to use this space.  Priority for this space will be given to the User that books first and the Territory will work with impacted Users to offer alternative travel times where necessary.  Any mobility aid must comply with the specifications outlined on the Accessible travel website, including size, weight, and any attached accessories.
   13. Users or Accompanying People who have not requested assistance or a reasonable adjustment or have not requested to use the designated space for a wheelchair or mobility aid are expected to board and disembark independently without assistance from the Vehicle driver or an attendant.
   14. If a User or Accompanying Person fails to be at the agreed pick-up location at the agreed time for a booking, without providing prior notice of cancellation or change (a ‘no-show’) the Vehicle will wait for a reasonable period for the User or Accompanying Person to arrive or contact with the Service.
   15. To ensure equitable access to the Service, repeated no-shows may affect your eligibility to use the Service in future. The Territory reserves the right to monitor and manage booking behaviour, including the frequency of no-shows to ensure fair access for all Users. Repeated no-shows by a User or their Accompanying Person may result in the Territory refusing service to a User or their Accompanying Person.
9. Booking Changes and Cancellations
   1. To change or cancel a booking a User or their Authorised Person must contact the Service call centre on (02) 6205 3555 or email fbs@act.gov.au.
   2. Changes or cancellations need to be made by close of business on the business day before the date of the booking unless extenuating circumstances occur.
   3. Changes to bookings may only be accommodated where there is Service capacity to do so. In the event that there is no available capacity to accommodate a requested change to a Booking an alternate time may be suggested.
   4. A cancellation made after close of business on the business day before the date of the booking is a late cancellation.
   5. To ensure equitable access to the Service, late cancellations may affect a User’s eligibility to use the Service in future. The Territory reserves the right to monitor and manage booking behaviour, including the frequency of late cancellations to ensure fair access for all Users. Repeated late cancellations by a User or their Accompanying Person may result in the Territory refusing service to a User or their Accompanying Person.
10. Accompanying Persons
    1. An Accompanying Person may not make, amend and cancel bookings of the User unless they are an Authorised Person.
    2. A User or Authorised Person may request a User to travel with one (1) Accompanying Person per journey. This request must be made at the time of booking and is subject to approval by the Territory, based on availability.
    3. If a User or Authorised Person fails to notify the Territory of an Accompanying Person at the time of booking, the Territory may, at its discretion:
       1. refuse carriage to the Accompanying Person or
       2. cancel the User’s Booking.
    4. Where the Accompanying Person is a minor, the User must be aged 18 years or older and is fully responsible for the care, conduct, and safety of the minor while using the Service.
11. Carriage of Animals
    1. The following animals are permitted to travel on the Service:
       1. a guide-dog or other animal assisting a person with disability.
       2. an animal being trained to assist a person with disability.
       3. Domestic animals (including pets) that are confined in an appropriate pet container are permitted on the Service with the driver's permission.
    2. Assistance animals should be under effective control, wear an identifiable coat (if available) and should not disrupt the safety or comfort of other passengers.
    3. Drivers are not permitted to assist a passenger with the loading or unloading of animals.
    4. Drivers may refuse the carriage of a domestic animal or ask a passenger and their domestic animal to disembark if the driver perceives a reasonable safety risk to another person in allowing the animal into the cabin of the Vehicle.
12. User Conduct and Safety Obligations
    1. Users and Accompanying People must comply with all reasonable directions issued by a Vehicle driver or attendant. Failure to comply may result in the Territory refusing service to the User, Accompanying Person, or both.
    2. Users and Accompanying People must behave in a respectful, non-disruptive, and lawful manner at all times. The use of offensive, abusive, or threatening language or behaviour is strictly prohibited. Any conduct that places the User, other Users, or staff at risk of harm may result in the Territory refusing service to the User, Accompanying Person, or both.
    3. All Service vehicles are fitted with seatbelts. Users and Accompanying People are required to wear seatbelts correctly at all times while on board. Subject to clause 10.4, the use of seatbelts is the sole responsibility of the User or Accompanying Person.
    4. Users and Accompanying People may bring personal items on board provided there is sufficient space and the items:
       1. Are easily carried and safely stored;
       2. Do not obstruct aisles, walkways, or the driver’s view; and
       3. Do not pose a safety risk to others.

       Oversized or unsafe items may be refused by the driver. The Territory accepts no liability for the loss, theft, or damage of personal belongings.

    5. The following activities are not permitted on any Service vehicle:
       1. Eating or drinking alcohol;
       2. Smoking or using e-cigarettes (vaping); and
       3. Any other activity that may compromise the safety, comfort, or wellbeing of other Users or staff.
13. Privacy and Personal Information
    1. Use of the Service may require Users to provide Personal and Sensitive information when creating an account, making bookings, or interacting with the System. This may include contact details, mobility status, and other information necessary to deliver the Service.
    2. The Territory collects and uses personal information only where reasonably necessary for the delivery and administration of the Service. Information may be collected through online forms, phone calls, emails, or other lawful means. Personal and Sensitive information will be handled in accordance with the Information Privacy Act 2014 (ACT) and the TC FlexiBus Privacy Policy.
    3. The System may automatically collect usage data, including booking history and interaction logs, to improve service delivery and ensure compliance with operational and safety requirements.
    4. Users, Accompanying people, Authorised people and Emergency Contacts may request access to or correction of their personal information by contacting the Territory. Requests will be managed in accordance with applicable privacy legislation.
    5. Personal information will not be disclosed to third parties unless required by law, authorised by the person, or necessary for the safe and lawful operation of the Service.
14. Ownership of Intellectual Property
    1. All Intellectual Property associated with the Service is owned by the Territory and its Associated Parties unless otherwise specified.
15. Limitation of Liability
    1. The Territory will use best endeavours to deliver the Service in accordance with these Terms. However, the Territory does not guarantee that the Service will be uninterrupted, error-free, or meet individual User requirements.
    2. To the maximum extent permitted by law, the Territory and its associated parties are not liable for any direct, indirect, incidental, or consequential loss, damage, or expense arising from:
       1. Service delays, cancellations, or disruptions
       2. A person’s failure to comply with these Terms
       3. The conduct of other Users, Accompanying people, Authorised people and Emergency Contacts
       4. Loss or damage to personal items
       5. Use or misuse of the System or Service.
    3. The Territory is not liable for any costs incurred by Users due to delayed or cancelled services, including missed connections or alternative travel arrangements
16. Indemnity
    1. Users agree to indemnify and hold harmless the Territory, its associated parties, and their officers, employees, and agents from any claims, liabilities, losses, or expenses arising from:
       1. The User’s use of the Service
       2. Breach of these Terms
       3. Use of information provided by the User (in accordance with the TC FlexiBus Privacy Policy)
       4. Violation of third-party rights, including other Users or service providers.
17. Relationship between the Parties
    1. The Territory provides the Service as an independent contractor. Nothing in these Terms and Conditions shall be construed to create a relationship of employment, agency, partnership, or joint venture between the Territory and the User.
    2. Neither party shall have the authority to bind or represent the other party in any legal or contractual matter unless expressly authorised in writing.
18. Applicable Law
    1. These Terms and Conditions are governed by the laws of the Australian Capital Territory.
    2. The User agrees to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory for any dispute arising under or in connection with the Service.
19. Entire Agreement
    1. These Terms and Conditions constitute the entire agreement between the Territory and the User in relation to the Service.
    2. All prior representations, understandings, arrangements, or agreements are superseded by this document, except where expressly incorporated.
    3. To the extent permitted by law, all terms implied by statute or common law are excluded unless expressly stated.
20. Severance
    1. If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be read down or severed to the extent necessary, and the remaining provisions shall continue to apply in full force and effect.
21. Feedback, Enquiries and Contact Information
    1. The Territory welcomes feedback, questions, and suggestions from Users, Accompanying people, Authorised people and Emergency Contacts to help improve the Service.
    2. General enquiries may be made to, feedback provided to, or need assistance with lost property sought from the Service call centre between 8:00 am and 4:30 pm, Monday to Friday via:
       1. Phone: (02) 6205 3555
       2. Email: fbs@act.gov.au
    3. However, questions relating to the legal terms of this document, privacy matters, or other policy-related concerns, should be asked exclusively by email at fbs@act.gov.au. All enquiries will be handled in accordance with applicable ACT Government policies and procedures.