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Prepaid Tag or Tagless Account Customer Service Agreement

Last updated: 15 February 2024 | Print as PDF

 

1. About us

  1. Transurban Queensland

    Queensland Motorways Management Pty Ltd (Transurban Queensland or TQ) is part of the Transurban Queensland Group, which operates and manages certain toll roads and provides tolling services for the State of Queensland (Department of Transport and Main Roads) in relation to certain other toll roads. The toll roads which Transurban Queensland operates and manages or provides tolling services for are listed and updated from time to time at linkt.com.au/brisbane. In this document, we refer to these toll roads as 'TQ tolled roads'.

  2. Linkt

    Linkt and Linkt Brisbane are trade marks of Transurban Limited used under licence by Queensland Motorways Management Pty Ltd ABN 86 010 630 921.

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2. This agreement

  1. What it covers

    This Agreement covers your Prepaid account which we refer to as 'your account'. It outlines your rights and obligations to us and our rights and obligations to you about your account and each vehicle which is linked to your account, which we refer to as 'linked vehicles'.

  2. Your rights and obligations
    1. your right to travel on TQ tolled roads
    2. your obligation to keep a positive balance on your Prepaid account, to make the required payments
    3. your obligation to keep your details up-to-date (e.g. means of contact and Registration Events)
    4. your obligation to pay all outstanding tolls, fees and charges when your account is closed
    5. your obligation to drive lawfully on TQ tolled roads.
  3. Additional rights and obligations if you have been supplied with a tag
    1. your right to use each tag when you travel on TQ tolled roads and compatible roads
    2. your obligation to install and use each tag in accordance with instructions provided when we send you each tag
    3. your obligation to correctly maintain and use any tags we send you for your use and to return those tags at our request
    4. your obligation to be aware of the tag beeps and their meaning to ensure your account retains a positive balance.
  4. Our rights and obligations
    1. our right to charge tolls, fees and charges to your account when a tag or linked vehicle is detected on TQ tolled roads and compatible roads
    2. our right to take action if you don't meet your obligations under this Agreement (which may include closing your account or combining the balance of your account with the balance of any other accounts or passes you may have with us)
    3. our right to record and use personal information you give us and to link the details of the linked vehicles and tags to your account so we can correctly process your toll charges
    4. our obligation to treat your personal information in accordance with our Privacy Policy.

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3. Your information and contacting you

  1. Use and disclosure of your information

    At Transurban Queensland, we take privacy seriously. We collect your personal information under this Agreement in order to operate our tolling system, to calculate and charge tolls when you travel on TQ tolled roads and compatible roads, and to manage your account and to improve our products and services (including by conducting surveys about your recent experiences). If we do not do this then you may not have a valid basis to travel on TQ tolled roads or compatible roads, and you may commit an offence if you do so.

    We will share your information with service providers and partners who we work with in connection with our business, operators of compatible roads, government authorities (such as authorities responsible for the operation of roads and vehicle registration), and incident response and emergency services providers.

    We will also collect, use and disclose your information for the purposes set out in our Privacy Policy and our Credit Reporting Policy. Those documents provide further information about our management of your personal information more generally and we encourage you to read them carefully. In particular, those policies provide information about how you may seek access to or correction of your personal information, about how you can make a privacy complaint (and how we will deal with such complaints), and about any circumstances in which we may disclose your information outside Australia.

  2. Contacting you

    You agree to us contacting you via email, SMS or other means. We set out more information in our Privacy Policy.

    You can opt-out or unsubscribe from receiving promotional communications by:

    1. replying STOP to the communication, or following the unsubscribe link in the communication, if applicable; or
    2. changing your account settings; or
    3. contacting us at https://www.transurban.com/contact-us.

    You agree that these commercial electronic messages do not need to contain a functional unsubscribe facility and you will instead use one of the other above methods to unsubscribe.

    Unsubscribing will not stop other service related communications from us, such as administrative alerts in relation to your account and notifications of road closures.

    You can access a copy of our Privacy Policy electronically at linkt.com.au/brisbane or by contacting us (see section 16 for our contact details).

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4. Your Account

  1. Applying for an account 

    You can apply for an account by:

    1. completing an electronic application at linkt.com.au/brisbane, or
    2. calling our Customer Contact Centre and giving us the relevant details.
       
  2. Acceptance of your application
    If...Your application is accepted...
    You apply onlineWhen you accept this Agreement electronically at linkt.com.au/brisbane
    You apply over the phoneWhen you verbally accept this agreement

  4. Agreements for businesses

    If the account is for a business, the person who accepts or signs these terms and conditions on behalf of the business represents that they are authorised to enter into this Agreement on behalf of the business.

  5. When your account starts

    Your account will start once we receive a successful payment from you. You may add a vehicle to your account and nominate a start date for your account up to seven days prior to when your application is received. Any tolls, fees or charges you incur during this period will be charged to your account, except for any tolls, fees or charges incurred on some compatible roads. Visit linkt.com.au/brisbane for a list of compatible roads which are excluded.

    You agree that this Agreement will apply to you on and from the date that your account starts, which may be a date in the past (at your request).

  6. Linking vehicles to your account

    You must give us the details (including the Purpose of Use, if required) of each vehicle that you want to link to your account. We will then link those vehicles to your account. You may have multiple linked vehicles on your account.

    You can enter a future start date for linking a particular vehicle to your account. You can also nominate a start date for linking a particular vehicle to your account which is up to seven days prior to the date you make the application to us to link the vehicle. Any tolls, fees or charges you incur from that nominated start date will be charged to your account (except for any tolls, fees or charges incurred on some compatible roads when the start date is before the date you make the application to link the vehicle). Visit linkt.com.au/brisbane for a list of compatible roads which are excluded.

    By linking a vehicle to your account, you confirm that you are the registered vehicle owner or that you have the permission of the registered vehicle owner to link the vehicle to your account. For all linked vehicles, you agree that you also consent, or have the consent of the registered vehicle owner, to us disclosing information to you about that vehicle's use of TQ tolled roads or compatible roads.

    For each vehicle that is linked to your account, you must inform us whether you want a tag for that linked vehicle. You may also choose not to have a tag. In this case, if a linked vehicle travels on TQ tolled roads or compatible roads and a tag is not detected, a video matching fee will be payable for each toll point on that trip in addition to the tolls. Also see section 7.1.

    Provided your account is not suspended, you may add or remove linked vehicles on your account or request an additional tag. At any time, you may report a tag lost or stolen, or return a tag to us. When a tag is returned to us it will be removed from your account.

    If you lose a tag and notify us of the lost tag, we will mark it lost so that you will not continue being charged. We will also charge the tag non-return fee and will refund the fee if the tag is found again. The tag will not be removed from the account unless requested by you, or upon closure of the account.

  7. Correct details

    You must ensure that all the details on your account are correct at all times (including after a Registration Event).

    In particular, you must ensure that the details of the linked vehicles on your account are correct. If the details for your linked vehicles recorded on our system are wrong, then you are responsible for updating those details either by:

    1. correcting those details yourself by logging onto your account at linkt.com.au/brisbane, or
    2. asking us to correct those details by calling our Customer Contact Centre.

    If you sell or transfer a linked vehicle, you are also responsible for removing any tag installed in that linked vehicle. You remain responsible for all tolls, fees and charges incurred by that linked vehicle or tag, until you request it to be removed from your account.

    After a Registration Event, if you do not update the details on your account, it may result in higher tolls being charged to your account, determined in accordance with section 5.1.

  8. Incorrect details

    If we don't have the correct details for a linked vehicle (especially the licence plate details), then we may not be able to identify the vehicle as linked to your account when it travels on TQ tolled roads or compatible roads, and we will not be able to charge your account. If this occurs, unless an arrangement to pay that toll is made within three days of travel on TQ tolled roads, then the registered owner of the vehicle will receive a toll invoice from us (including a video matching fee and a toll invoice fee).

    You must also ensure that all payments you make to us correctly identify you and your account.

    If you make payments to us without correctly identifying yourself and the account the money is to be applied against, we will retain those funds in an unidentified monies account. If you do not contact us and properly identify your funds, they will be handled in accordance with the applicable unclaimed monies laws.

  9. Confirming your identity

    You should record your account number and make sure you remember (and keep secure) your login details to access your account electronically at linkt.com.au/brisbane.

    If you call us about your account, we will confirm your identity by asking you some questions.

  10. Statements

    You may view and download electronic statements by logging onto your account. Your statement shows all tolls, fees and charges that were processed to your account during the statement period.

    You can access, free of charge, your previous statements online for the last 18 months. You can choose either monthly or quarterly statements. We will send an email to notify you of a statement if your statement delivery method is online.

    You may ask us to mail or email you a copy of your statement.

    We will charge you a requested statement fee for each statement we provide to you at your request.

  11. Account balance

    You can view your account balance by logging onto your account. You can also ask for your balance by calling our Customer Contact Centre.

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5. Paying for you tolls

  1. How we charge

    For travel on TQ tolled roads we will charge tolls based on the class of vehicle, for each toll point that the vehicle passes. The class of a vehicle depends on the type of vehicle and its Purpose of Use (which will be either commercial (business) or private use, as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered). We may contact the relevant road authority in the State that any linked vehicle is registered to confirm the class and Purpose of Use of your vehicle.

    For travel on roads for which we provide tolling services on behalf of the State, tolls will be determined by the State.

    For travel on other compatible roads, tolls, fees and charges will be determined by the operator of the compatible road.

    See section 7.1 for more details.

  2. Applying tolls, fees and charges when there is more than one valid tolling product

    A linked vehicle may be associated with more than one valid tolling product (e.g. an account and a Road Pass) when it travels on TQ tolled roads or a compatible road. We apply the tolls, fees and charges in this order:

    1. to a Prepaid or Commercial account or an account issued by a compatible road operator, if we detect a tag linked to one of those accounts which is valid at the time of travel
    2. to a pass or an account in the order listed below, if we don't detect a tag at the time of travel or are unable to charge the account associated with a detected tag:
      1. Toll Credit Pass
      2. Road Pass
      3. Prepaid or Commercial account.

      If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged.

      If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged.

    3. to a valid pass or account with a compatible road operator.
  3. Topping up your account

    You must keep your account balance positive at all times. You can top up your account using one of these payment options. We may charge the applicable and additional fees as set out in this table.

    Payment optionsInformation neededApplicable feeAdditional fees
    Automatic direct debit from a credit cardCredit or debit card detailsPayment Card SurchargeDishonour fee may apply if payment fails
    Automatic direct debit from a bank accountBank account detailsNot applicableDishonour fee may apply if payment fails
    Manual top-up with a credit card or debit card at linkt.com.au/brisbane or by calling usAccount number and answers to security questions to confirm your identityPayment Card SurchargeDishonour fee may apply if payment fails
    Manual top-up with a credit card or debit card or cash at one of our participating retailers (see full retailer list at linkt.com.au/brisbane)Barcode from statement or account notificationNot applicable*Dishonour fee may apply if payment fails
    Manual top-up via BPAYBiller code and your Linkt reference number shown on statementNot applicableNot applicable

    * Note a participating retailer may pass through their financial institution's payment card surcharge.

  4. Low balance warning amount

    If you do not have an active automatic direct debit payment option, you will receive a low balance warning when your account balance drops to or below the low balance warning amount.

    If your account reaches the low balance warning amount, we will transmit 1 beep + 2 short beeps to indicate that your balance is low. If your account remains in low balance, shortly after we will send you a notification using the contact details you have provided to us. If you don't make a payment and you continue to incur tolls and fees, your account may be suspended.

  5. Automatic direct debit payment option

    If you choose an automatic direct debit payment option, you agree to the additional terms set out in the application form for direct debit payments. You must also nominate the following levels:

    1. top-up trigger level amount – when your account balance drops to this amount (or below) this will trigger the direct debit to occur, and
    2. top-up amount – this is the amount deducted from your bank account or credit or debit card via automatic direct debit. You must choose a top-up amount which is the same or higher than the minimum top-up amount which is currently listed at linkt.com.au/brisbane

    If you have authorised payment by direct debit from a bank account or credit or debit card and that direct debit is unsuccessful, then:

    1. we will transmit 1 beep + 2 short beeps when we detect a tag at a toll point on TQ tolled roads
    2. we will send you a payment failure notification using the details you have provided
    3. we may charge a dishonour fee to your account
    4. you may provide us with a new direct debit authority, and
    5. you may top up your account using a manual payment option.

    See section 9.1 for more details about what happens if your account goes into negative as a result of a direct debit failure.

  6. Payment Card Surcharge

    Where you pay your monthly invoice by an accepted credit or debit card, you may be charged a Payment Card Surcharge on the amount paid. This amount is a pass through from our financial institution and is limited to the amount imposed on us by our financial institution to process your payment. Current Payment Card Surcharge Fees are available at linkt.com.au/brisbane.

    You can avoid the Payment Card Surcharge by switching to a direct debit payment from your nominated bank account. No charges (other than dishonour fees) will be imposed in relation to payments made by direct debit from your nominated bank account. See section 5.5.

  7. All other payment options

    When making a manual top-up payment, you must choose a top-up amount which is the same or higher than the minimum top-up amount which is currently listed at linkt.com.au/Brisbane.

    If you make a manual top-up payment using a cheque, and that cheque is dishonoured, we may charge a dishonour fee to your account.

  8. Set off

    We may set off or deduct from any positive account balance or positive pass balance which you have with us, any amounts due, or which may become due, to us from you at any time and for any reason whatsoever.

  9. Applying toll invoices to account

    If:

    1. we have sent a toll invoice for a linked vehicle that travels on TQ tolled roads or compatible roads (and this is not the result of an incorrect toll or fee as described in section 5.10); or
    2. you have nominated yourself as the driver of a vehicle that is associated with a toll invoice,

    then if your account becomes valid, or you identify yourself as the nominated driver, we may charge the total amount of the toll invoice (including the applicable tolls, toll invoice fee and video matching fees) to your account if the invoice remains unpaid after 28 days.

  10. Incorrect charges

    If we incorrectly charge a toll or a fee to your account for a trip on TQ tolled roads, we will refund that toll or fee to you within a reasonable time after:

    1. you notify us of the error and we confirm it was an incorrect toll or fee, or
    2. we become aware of the error.

    A toll or fee is not incorrectly charged by us if we charge you in accordance with section 5.1.

    It is your responsibility to update your details in accordance with section 4.6.

  11. Positive balance limits

    The maximum positive balance you can have on your account is $4,999.

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6. Our tags

  1. We own the tags

    Each tag we provide to you remains the property of Transurban Queensland.

    We may ask you to return a tag at any time. All tags must be returned prior to closure of your account.

    If you do not return a tag within seven business days of being requested to do so, you may be charged a tag non-return fee. This fee will also apply if the tag is returned to us and it is damaged or cannot be re-used, other than as a result of normal wear and tear.
  2. Tag beeps on TQ tolled roads

    We send messages about your account through beeps from the tag. The beeps will be heard when a tag correctly installed passes through a toll point on TQ tolled road. It's important for you to understand what the beeps mean so you can effectively manage your account.

    BeepsWhat it meansYour action
    1 beepWe have successfully charged the toll to your account.None.
    3 beeps (1 beep plus 2 short beeps)

    If you have not set up an automatic top-up, this means your account balance has dropped to or below the low balance warning amount.

    If you have set up an automatic top-up, this means that your last payment has failed.

    If you have not set up an automatic top-up, it’s time to manually top up your account.

    If you have set up an automatic top-up, your last payment has failed and you need to contact us to update your details or to set up an alternative form of payment.

    4 beepsYour monthly invoice is now overdue. Your account may be suspended or cancelled.Contact us immediately. Also see section 5.4.
    No beepThe tag may be faulty or incorrectly installed.

    Check the tag placement in your vehicle. If the tag is not installed as per our instructions (see section 6.3), please install it correctly and see if this corrects the problem. If it does not, or you have any questions, please contact us.

    Please refer to section 7 regarding fees associated with travel where a tag is not detected.


    We do not operate the compatible roads, and therefore any beeps heard or not heard when travelling on a compatible road may not be consistent with the meanings set out above.

  3. Using tags

    If we provide you with a tag you must:

    1. install and use the tag in accordance with our instructions. We will provide you with instructions when we send the tag to you, or you can download them at linkt.com.au/brisbane
    2. take reasonable care of the tag and keep it safe so it doesn't get lost, stolen, damaged, spoiled or destroyed
    3. only use the tag in a vehicle of the same class as the vehicle for which you requested that tag. If you install the tag in a different class of vehicle, then we may charge the tolls, fees and charges that apply to that different class of vehicle, and
    4. not sign up to any arrangement or commercial dealing with a third party using our tag, use our tag to make any payment other than through your account with us and not disclose your tag number to any third party for such purpose.
  4. Lost or stolen tags

    If a tag is lost or stolen, you must:

    1. notify us immediately, and
    2. if we ask you, provide us with a copy of the police report or other evidence.

    From when you notify us that a tag is lost or stolen, we won't hold you responsible for any tolls, fees or charges that might result from someone else using that tag. However, we may charge a tag non-return fee to your account. We will send you a replacement tag if you ask us.

  5. Damaged or destroyed tags

    If a tag is damaged, you must return it to us. When you return a tag that is damaged or cannot be re-used, other than as a result of normal wear and tear, section 6.1 will apply.

    If a tag is destroyed, then you must:

    1. notify us immediately, and
    2. if we ask you, provide us with evidence.
  6. Faulty tags
    1. If you think that a tag is faulty, then you must contact us immediately.
    2. If we ask you to return the tag to us and you request a replacement tag, we will send you a replacement tag.
  7. Motorcycles

    Motorcycles are not required to carry a tag. However, operators of compatible roads may charge a video matching fee if the motorcycle travels on a compatible road.

  8. Multiple tags in a linked vehicle

    If you carry more than one tag in a linked vehicle, we will do our best to only charge the relevant toll once when that linked vehicle passes through a toll point. When we are notified or we become aware of duplicated tolls that are reasonably attributable to the carrying of multiple tags in a linked vehicle, TQ will refund your account for the duplicated toll charges.

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7. Using TQ tolled roads

  1. Tolls, fees and charges

    If we detect a tag which is linked to your account on TQ tolled roads, we will charge the relevant tolls and fees for the linked vehicle associated with that tag to your account. If we don't detect a tag when a linked vehicle travels on TQ tolled roads (eg, if a tag was not requested for that linked vehicle, the tag is not in the linked vehicle or the tag has not been correctly installed) we will charge these tolls and fees to your account:

    1. the toll amount, and
    2. the video matching fee.

    However, we won't charge a video matching fee if:

    1. the linked vehicle is a motorcycle travelling on a TQ tolled road, or
    2. the tag was faulty and you notified us and returned the tag to us promptly.
       
    We do not operate the compatible roads, and therefore any beeps heard or not heard when travelling on a compatible road may not be consistent with the meanings set out above.

    The tolls, fees and charges that apply to TQ tolled roads and toll products may change from time to time. The toll amount depends on the class of the vehicle that travels on TQ tolled roads. We may offer discounts, promotions and other special offers from time to time. These offers are subject to change and may be altered or discontinued at our discretion.

    To find out the current tolls, fees and charges, you can:

    1. visit linkt.com.au/brisbane
    2. call our Customer Contact Centre on 13 33 31
    3. contact us on any of the other methods set out in section 16.
  2. Refunds

    If we need to pay a refund to you under this Agreement we may pay it to the card or bank account which you used to make the original transaction.

    If you request closure of your account under section 9.2, we will refund you in accordance with section 9.3(c).

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8. Travelling on compatible roads

  1. Conditions that apply to compatible roads

    We have an agreement with certain operators of compatible roads to charge your account with the relevant tolls, fees and charges that apply for use of those compatible roads when a tag or a linked vehicle is detected on those compatible roads.

  2. How we process the tolls, fees and charges

    When a tag or a linked vehicle is detected on a compatible road, the operator may notify us of the tolls, fees and charges that apply to that trip. Additional fees and charges may apply if you do not have a tag or it is incorrectly installed or faulty.

    If your account has a positive balance we pay the operator on your behalf and charge the relevant tolls, fees and charges to your account as soon as we have received all the relevant information related to your trip.

    However, if your account is suspended or if the operator is unable to identify your linked vehicle then:

    1. we may reject the tolls, fees and charges notified by the compatible road operator, and
    2. as a result, the compatible road operator may send the registered owner of the detected vehicle an invoice or request for payment (which may include additional fees or charges).

    If you have a query about tolls, fees or charges applied to your account as a result of use of a compatible road, you should contact the operator of that compatible road.

  3. Liability

    Apart from any obligations we may have under the Australian Consumer Law, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to any loss or damage you suffer as a result of:

    1. rejecting the toll, fees and charges notified to us by a compatible road operator, in accordance with these terms and conditions, or
    2. use of the compatible road.

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9. Suspending and closing your account

  1. When your account may be suspended

    If at any time your account does not have a positive balance, we may suspend your account. We will try to notify you via the contact details you have provided to us if your account is at risk of being suspended, and again when your account is actually suspended. We will reinstate your account once you return your account to a positive balance.

    We may also suspend your account if you breach this Agreement, or as set out in section 9.3(e). In these circumstances, we will notify you when your account is reinstated. Alternatively, your account may be closed in accordance with section 9.2 or section 9.3(e).

    A suspension of your account means that your rights under this Agreement are temporarily suspended.

    While your account is suspended you will need to make another arrangement for travel on TQ tolled roads or compatible roads. If another arrangement has not been made within three days of any travel on TQ tolled roads, then we may:

    1. send you a toll invoice in respect of that trip (including a toll invoice fee and video matching fee), or
    2. send the registered owner of the vehicle a toll invoice in respect of that trip (including a toll invoice fee and video matching fee).

    Also see section 8.2 in relation to travel on compatible roads.

  2. When your account may be closed
    ReasonWhat it means
    Negative balance on your accountWe may close your account if you have a negative balance. Before closing your account, we will notify you via the contact details you have provided to us that your account has a negative balance. If your account has a negative balance after our reasonable attempt to notify you, then we may attempt to recover the debt from you through a debt collection agency (with or without closing your account) and we may close your account.
    You ask us to close your accountAt any time, you may ask us to close your account by:
    • notifying us in writing
    • calling our Customer Contact Centre.
    Your account is inactive

    We may close your account if no tolls, fees or charges have been charged to your account for a period of two years or more. Before closing your account, we will notify you that we are considering closing your account for this reason.

    We may agree to keep your account open at your request. If we are unable to contact you, or you do not respond to our notice, then we will proceed to close your account.

    Your account is being used for fraudulent purposesAs set out in section 9.5.
    Breach of this AgreementWe may close your account if you breach this Agreement.
  3. Closing your account
    1. Tags must be returned
      You must return any tags prior to requesting your account to be closed. If you are unable to return tags because they are lost or stolen, or if your tag is damaged, you must notify us when you request that your account is closed and we may charge a tag non-return fee to your account for each tag. We will close your account once outstanding fees have been paid.
    2. Transferring balances
      Before we close your account we may transfer any positive balance on this account to any other accounts or passes you may have with us to partially or entirely clear their negative balances, or we may transfer the positive balance of any other accounts or passes you may have with us to this account to partially or entirely clear any negative balance on this account. If we do this, we will try to notify you via the contact details you have provided to us.
    3. Positive balance
      If your account has a positive balance (after any outstanding tolls, fees and charges have been applied and after we have exercised any rights to transfer that balance to any of your other accounts or passes), then approximately 30 days after we close it we will pay the balance as follows (and in this order):
      1. we will refund the balance to the card or bank account which you used to make the original transaction or the card or bank account that is listed on your account.
      2. we will mail a cheque for the balance to the address listed on your account - payable to the account holder, or
      3. if we can't reasonably contact you, we will hold the balance for you for a period of two years, after which the balance will be considered unclaimed money in accordance with our obligations at law.
  4. Negative balance
    If your account has a negative balance (after any outstanding tolls, fees and charges have been applied and after we have exercised any rights to transfer the balances of any of your other accounts or passes to this account), we will contact you and you must pay the outstanding balance. If you don't pay the outstanding balance within seven business days of our request, then we may attempt to recover the debt from you through a debt collection agency.
  5. Fraud
    We may suspend or close your account if we reasonably believe your account or any card linked to your account or use of your account:
    1. is using our system to determine the validity of a credit card;
    2. poses a risk to us or any third party, including the integrity, security or reliability of us or our system;
    3. was obtained fraudulently or using false details; or
    4. is being, or may be, used for fraudulent, illegal, dishonest or malicious purposes.

    We may suspend or close your account if you do not cooperate with any investigation in relation to your account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if you refuse to confirm your identity in response to a request made by us in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.

    For the purposes of this Agreement, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.

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10. Enquiries, complaints and disputes

You should contact us about your account or this Agreement if you:

  1. have any questions
  2. want to make a complaint
  3. want to raise a dispute.

You may contact us by using any of the methods set out in section 16.

Once you contact us, a customer service contact officer will respond to you as soon as possible.

If you're not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team.

If you are still dissatisfied with the outcome you can contact the Tolling Customer Ombudsman. To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009.

Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland's full internal complaint resolution process and is still not resolved.

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11. Changes to this Agreement

How we may tell you about changes

We may change any of the terms of this Agreement by publishing the changes or a new agreement at linkt.com.au/brisbane. We will also try to notify you beforehand via the contact details you have provided to us. A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication.

If you are not satisfied with any changes to the terms of this Agreement, you can close your account (see section 9).

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12. Assignment

We may assign this Agreement to another company by providing 30 days' notice to you at any time. We will notify you via the email address or the postal address you have provided to us.

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13. Termination

We may terminate this Agreement by providing 30 days' notice to you at any time. We will notify you via the email address or the postal address you have provided to us. Upon termination, the account will be closed within seven days, and the account closure provisions at section 9.3 will apply.

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14. Liability

  1. Our liability

    You may have rights as a consumer under the Australian Consumer Law. Nothing in these terms limits or excludes our liability:

    1. under the Australian Consumer Law, except to the extent we are permitted to limit or exclude our liability under the Australian Consumer Law
    2. for personal injury or death caused by our negligence
    3. for any reckless acts or wilful omissions by us with a wilful disregard for consequences, or
    4. for any other matters that cannot be limited or excluded at law.
  2. Use of TQ tolled roads, compatible roads and products

    You acknowledge and agree that:

    1. we do not guarantee that the TQ tolled roads or compatible roads will always be available or that traffic flows will be uninterrupted
    2. we are not aware of the purpose of your travel on TQ tolled roads or compatible roads and you (and any person who drives a linked vehicle) are responsible for planning your journey and allowing sufficient time in case traffic is disrupted or a road is fully or partially closed,
    3. we do not guarantee that the services on TQ tolled roads or compatible roads will be fault free or that use of the roads will be risk free; and
    4. to the extent that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that amount of toll or fee incorrectly charged.

    From time to time, maintenance or other work may need to be completed on TQ tolled roads or a compatible road. That work may disrupt traffic flows on those roads. We will try to minimise these disruptions.

  3. Exclusions from liability

    Except as set out in section 14.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to:

    1. any loss or damage suffered as a result of any delay or disruption arising out of use or unavailability of TQ tolled roads or compatible roads or caused during, or as a result of, use of TQ tolled roads or compatible roads
    2. any loss or damage arising out of your use, installation or removal of a tag
    3. any loss or damage arising out of any error or delay in processing tolls and fees and charging them to your account (including any incorrect tolls or fees), and
    4. any loss of opportunity, loss of profit, loss of revenue, loss of anticipated savings or loss that would be considered consequential or indirect, irrespective of how that loss was caused and whether arising under this contract or under another principle of law,

    except to the extent the loss or damage was caused or contributed to by Transurban Queensland or the Transurban Queensland Group, or as a result of our negligence or breach.

  4. Assigning this Agreement
    You may not assign this Agreement to any person, except with our written consent, not to be unreasonably withheld.
  5. Governing law
    This Agreement is governed by the law of Queensland.
  6. Severance
    If any part of this Agreement is void, unenforceable or illegal that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
  7. Tolling Services
    Where we provide tolling services for the State of Queensland in respect of a road, we are not the operator or manager of that road

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15. Definitions

Australian Consumer Law
The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Class
The class of vehicle is defined in Queensland, Queensland Government Gazette, No 73, 31 March 2011 and listed at linkt.com.au/brisbane. The class is used to determine the applicable toll charge for that vehicle.
Compatible road
A road, access point or facility that is not a TQ tolled road operated and managed by TQ, but where we have an agreement with the operator of that compatible road, access point or facility to charge some of our products (including the Prepaid account) with the relevant tolls, fees and charges when a tag or a linked vehicle is detected on that road or at that access point or facility. Visit linkt.com.au/brisbane for a list of compatible roads for your account.
Negative balance
The balance of the account is below $0.
Our, us, we, Transurban Queensland or TQ
Queensland Motorways Management Pty Ltd ACN 010 630 921.
Payment Card Surcharge
This is the amount determined in accordance with section 5.3 and 5.6 that we may add to a payment to your account, when you make a payment by an accepted credit card or debit card.
Positive balance
The balance of the account is above $0.
Purpose of Use
The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered.
Registration Event
An event which requires you to update your account details, such as a change in your vehicle's Purpose of Use, a transfer of a vehicle's licence plate to a different vehicle, and a change in your vehicle's ownership.
Retailer
Participating retailers as outlined at linkt.com.au/brisbane.
Transurban Queensland Group
Queensland Motorways Holdings Pty Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
Tag
An electronic device provided by us for use in a vehicle.
Toll invoice
A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee.
Vehicle
A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld) and 'linked vehicle' means a vehicle linked to your account.
You
The individual or business identified in the application as the account holder.

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16. Contact us

You may contact us through any of these ways:

 

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17. Notices and other documents

Any demand or notice under any agreement you have with us (a TQ notice) will be served on you if:

  • it is served personally
  • it is left at the address for you in our records (if any) or your last known address to us
  • it is sent by mail to the address for you in our records (if any) or your last known address to us, if so it is deemed to have been delivered in the ordinary course of post, or
  • email or other electronic means to any number or address you give us.

We may serve court documents on you in the same way.

You agree to receive TQ notices in relation to this Agreement or your use of TQ tolled roads (including during suspension of your account, or following termination of this Agreement) electronically. We will send those TQ notices to the address or number you last provided to us. Any TQ notice which is sent to you electronically will be deemed to have been received by you at the time at which it has been transmitted from our server or the service used by us to transmit the message. For the avoidance of doubt, to the extent the provisions in this section are inconsistent with the requirements for the service of notices and documents issued pursuant to any legislation (e.g. the Transport Infrastructure Act 1994 (Qld)), the legislative requirements prevail.

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