Prepaid Account Customer Service Agreement

Effective from: 1 November 2023 | Print as PDF

1. Your agreement with Us

This service is provided by CityLink Melbourne Limited ABN 65 070 810 678 under the brand, Linkt.

Linkt and Linkt Melbourne are trade marks of Transurban Limited ABN 96 098 143 410 used under licence by CityLink Melbourne Limited ABN 65 070 810 678.

This agreement details Your rights and obligations for use of CityLink and, in some circumstances, Eligible Toll Roads. The agreement begins when You accept the agreement by:

accepting it in writing;
keeping the Tag device(s);
completing the "open an account" process on Our website or app;
accepting the agreement orally; or
conduct (e.g. by contacting Us to open an Account).

Taxi driver & owners

The Prepaid Account (and Commercial Account) are the only eligible accounts for Victorian Taxi drivers who travel on CityLink and Eligible Toll Roads. The Prepaid Account is designed to identify eligible Taxi drivers / owners and allow for access to Melbourne Airport. Taxi owners in Victoria can consider a Prepaid Account or Commercial Account depending on their needs.

You are responsible for Your registration as a Taxi driver / owner with Linkt. For any new customers, this will be captured as part of the sign-up process. If We have established that You are a Taxi driver / owner, You will be registered as such by Linkt. This means Your Account will be identified as a Taxi when travelling on CityLink, other Eligible Toll Roads and through Melbourne Airport to ensure Your Account is charged the correct Tolls and any applicable Melbourne Airport access fees.

Additional requirements for Taxi drivers / owners

In addition to the above registration requirements, as a Prepaid Account customer who is identified as a Taxi, You will be required to:

supply a valid Taxi driver accreditation number (DC number) during the sign-up process, (if You don’t have DC number, consider opening a Commercial Account
have a Tag linked to Your Prepaid Account that you use for a Taxi (to ensure you are charged the correct Tolls and can gain access to Melbourne Airport
not use Your Tag in a vehicle other than a Taxi
not add vehicles other than Taxis to this Account (if You have vehicles other than Taxis, You will need to open another Account).

If You are not a Taxi driver or owner, then this clause does not apply to you.

2. What to do before using CityLink and Eligible Toll Roads

You must do the following things before using CityLink and Eligible Toll Roads:

tell Us Your name, Address, email address, phone number, the type of Account You wish to open, the method of payment for Your Account and whether you would like to travel with or without a Tag;
tell Us if You are a Taxi driver or owner;
tell Us the Registration Number, make and model, and/or Class of any vehicle to be linked to Your Account; and
pay Us the Opening Amount and any other amounts We require under this agreement.
either provide:
- details of Your credit card, including the number, expiry date and name appearing on the relevant credit card (refer to the Direct Debit Request Service Agreement for the agreed terms); or
- a direct debit authorisation to deduct charges from Your nominated Bank account; and
pay any outstanding amounts owed to Us by You from any previous use of CityLink and Eligible Toll Roads, or any unpaid fees, taxes or charges incurred by You and payable to Us.

Linkt Registration only takes effect when Your vehicle is actually recorded as registered on the Linkt Register.

Although We may contact you using the contact details provided or signal Your Tag to beep to inform You about certain events which affect the Linkt Registration of Your vehicle, You are responsible for making sure that the Linkt Registration of Your vehicle or any vehicle that You drive on CityLink or other Eligible Toll Roads is not suspended or cancelled.

3. Use and disclosure of your information

At Transurban, 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 CityLink and other Eligible Toll 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 CityLink or other Eligible Toll 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 other Eligible Toll 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 Transurban Privacy Policy and Transurban 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.

Direct marketing and research

You agree to Us contacting You via email, SMS or other means about Our products and services, the products and services of other Transurban retail brands, the products and services or related special offers from Our rewards and/or business partners, that we think may be of interest to You. We have set out more information in our Privacy Policy.

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

updating Your preferences on the website;
contacting Us at https://www.transurban.com/contact-us; or
following the unsubscribe link in the communication if applicable.

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.

4. Travel with or without a Tag

You can elect to:

use a Tag so Your Trips can be identified by Our tolling system; or
travel without a Tag, in which case We will detect Your Trips via Your Vehicle Registration Number.

You can manage Your Tag preferences through Your Linkt Account. Please refer to clause 5 to understand the requirements for each option.

5.How tolling works

Travelling with a Tag

If You have elected to use a Tag, You must:

install and use each Tag in line with the instructions supplied with the Tag; and
only use each Tag in a Nominated Vehicle of the same Class as the Tag (i.e. a car Tag may only be used in a car, a light commercial vehicle Tag may only be used in a light commercial vehicle, and a heavy commercial Tag may only be used in a heavy commercial vehicle).
Keep each Tag in good condition; and
Promptly return a Tag to Us when requested by Us.

If You have a Tag, each time Your vehicle fitted with Your Tag passes through a Toll Zone, Your Tag should "beep".

One beep indicates that everything is operating normally.
No beep indicates there may be a problem with Your Tag. You may complete the Trip, but You should contact Us before You travel on an Eligible Toll Road again.
Three beeps (one beep, followed by two short beeps) means Your Account Balance is below the Top Up Trigger (if You are a Manual Payment customer), or Your Automatic Payment facility may have failed (if You are an Automatic Payment customer). You should top up Your Account.
Four beeps indicates that the Linkt Registration of Your vehicle has been suspended or cancelled. You may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice. You must contact Us before You travel on an Eligible Toll Road again.

You should contact Us as soon as possible if you experience any Tag issues, or if Your Tag is lost, stolen or damaged.

Without a Tag

If You have elected to travel without a Tag, We will use video matching technology to identify Your Trips and charge the relevant Tolls and the Video Matching Fee to Your Account which may be based on Your Linkt Registration or the observed Class of Your vehicle.

Travel on CityLink

We will operate the CityLink electronic tolling system to detect vehicles that make Trips on CityLink by identifying Your Tag or the vehicle's Registration Number. We will charge the relevant CityLink Tolls and any applicable Video Matching Fee to Your Account which may be based on Your Tag, Your Linkt Registration or the observed Class of Your vehicle. You are also responsible for the Tolls or fees incurred by any vehicle that You drive on CityLink, whether or not it is a Nominated Vehicle.

Travel on Eligible Toll Roads

Other Eligible Toll Road operators may operate electronic tolling systems on their toll roads to detect vehicles that make Trips on those toll roads by identifying the Tag or the vehicle's Registration Number. The Eligible Toll Road operator will send Trip data and the relevant Tolls to Us so We can charge those Eligible Toll Road Tolls (and any fees if applicable) to Your Account. We will charge those amounts determined as payable by the Eligible Toll Road operator and We are not responsible for confirming the accuracy of that information.

Motorcycles

Motorcycles are not required to carry a Tag. Motorcycle Trips are video tolled and do not incur Video Matching Fees on CityLink.

6. When You should contact Us

You should contact Us as soon as possible if:

Your Tag is lost, stolen or damaged or if you are experiencing any Tag issues (see clause 5 for more information);
Your Nominated Vehicle or Number Plate on a Nominated Vehicle is lost or stolen;
You want to remove Your Nominated Vehicle from Your Account (e.g. You sell that vehicle) or You change the Registration Number of a Nominated Vehicle which is linked to Your Account, or You want to link another vehicle to Your Account;
You change Your Address or other contact details (e.g. Your phone number);
You become aware of anything that may or will affect any payment under this agreement;
Your Nominated Vehicle is modified after it is registered; or
You are unsure whether Your vehicle is registered in the correct Class.

If You do not make contact when required

To avoid having Your Account suspended or Your vehicle removed from the Linkt Register due to payment failures, please contact Us as soon as You become aware of anything that may or will affect a payment under this agreement. You can do this through our website or app or by contacting Us.

If Your Nominated Vehicle or Tag is stolen or lost

We will not charge Tolls to Your Account if after You have notified both the police and Us that:

Your Nominated Vehicle has been stolen, We detect that Nominated Vehicle driving through a Toll Zone;
Your Tag has been lost or stolen, We detect that Tag in a Toll Zone; or
a Number Plate of Your Nominated Vehicle has been stolen, We detect that Number Plate on a vehicle (if that vehicle is not Your vehicle) in a Toll Zone.

We will resume charging Tolls to Your Account when You notify Us or We become aware that You have recovered the stolen Nominated Vehicle, lost or stolen Tag, or stolen Number Plate. You must provide a copy of any relevant police report, a statutory declaration or an insurance claim if We request it.

7. Charging Tolls to Your Account

You will be charged Tolls for using CityLink which are set in line with the Act. CityLink Toll prices are available on Our website or upon request. If You have given Us incorrect information about the Class of Your Nominated Vehicle(s) or other vehicle(s) You drive on CityLink, We may charge You the applicable Tolls based on the vehicle's correct Class.

You will be charged Tolls for using other Eligible Toll Roads which are set by the relevant Eligible Toll Road operator. Current Toll prices are available from the relevant Eligible Toll Road operator.

We will charge a Toll to Your Account when one or more of Your Nominated Vehicles, Your Tag or the Number Plate of Your Nominated Vehicle is detected in a Toll Zone or on an Eligible Toll Road.

For each Trip that a Nominated Vehicle is detected on CityLink, We will only debit Tolls to the Account up to the Trip Cap.

When opening account or adding a vehicle to Your account, You can cover recent trips made with Your Nominated Vehicle by selecting a date up to 9 days ago. This applies to trips made on all toll roads in Melbourne, Sydney and Queensland, except for Eastlink (VIC), and the Sydney Harbour Bridge and Tunnel (NSW). Please make sure You have a valid arrangement in place before You travel on Eastlink and Sydney Harbour Bridge and Tunnel as Your Linkt account cannot cover past travel made on these toll roads. Learn more about covering past trips here.

If Your Nominated Vehicle is linked to another Account, and Your Nominated Vehicle is detected on an CityLink without Your Tag being detected, We may choose which Account will be charged with the Tolls and any applicable fees from that Trip.

We will charge Tolls and any Video Matching Fee to Your Account:

without any knowledge of and regardless of who was driving the vehicle at that time; and
whether or not You authorised or were aware of the use of the Nominated Vehicle.

If We have sent You a Toll Invoice in respect of any Trip(s), We may charge the applicable Toll(s) and Toll Administration Fee(s) to Your Account if the Toll Invoice remains unpaid after 28 days.

8. Payment to open Your Account

We will credit the Opening Amount to Your Account, which will then automatically be applied to pay the Tolls and any associated fees for the Trips that are detected on Eligible Toll Roads.

Following this, Your Account will be topped up in accordance with the process set out in clause 11.

9. Additional fees and payments

If You use CityLink and other Eligible Toll Roads without Your Tag being detected

For each Trip that Your Nominated Vehicle is detected without Your Tag being detected, We may, as well as charging You Tolls, debit a Video Matching Fee to Your Account, unless We are responsible for the failure to detect Your Tag. Motorcycles are not required to carry a Tag. Motorcycle Trips are video tolled and do not incur Video Matching Fees on CityLink.

If You use CityLink and other Eligible Toll Roads in a Nominated Vehicle with a different Class

If a person uses CityLink or other Eligible Toll Roads in a vehicle or with a Tag linked to Your Account which is of a different Class from that registered, We may debit the appropriate Tolls and applicable fees to Your Account. It is Your responsibility to confirm that Your vehicle is registered in the correct Class at all times.

Tag Non-Return Fee

You must pay Us the Tag Non-Return Fee if Your Tag is lost, stolen, damaged, or You do not return Your Tag to Us when We require You to do so.

Payment Card Surcharge

Where You pay Your Account via an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.

Other Accounts

We may apply any outstanding fees, Tolls or charges in relation to this Account to any other Linkt account that You may have.

If You have an outstanding Account Balance from another Linkt account, We may credit or debit that amount to this Account.

When You agree to additional payments

We may charge to, or debit from, Your Account any fee, tax, charge or amount if You have agreed to pay, or You owe Us that fee, tax, charge, or amount under this agreement.

Travel on Eligible Toll Roads

We may debit the relevant Tolls and fees charged by other Eligible Toll Roads from Your Account when Your Tag or Nominated Vehicle is detected on those Eligible Toll Roads.

Toll Administration Fee

If You receive a Toll Invoice You agree to pay any applicable Toll Administration Fee(s).

10. Statements

All copies of Your statements can be accessed by logging in to Your account.

Summary statements:Show You all Your Trips grouped by Tag number, date of travel, number of Trips and fees or charges.
Detailed statements:Show You full details of all Your Trips.

You can choose to have the following statements:

Web Statements
Monthly Summary	Free
Monthly Detailed	Free
Mailed Statements
Quarterly Detailed	Detailed Statement Fee
Monthly Detailed	Detailed Statement Fee
Detailed Statements
One-off requests	One-off Detailed Statement Fee

11. Topping up

You must keep a positive balance in Your Account at all times (i.e. Your Account Balance must not be zero or less).

If You are an Automatic Payment customer, when We consider that Your Account Balance is at or below the Top Up Trigger, Your Account will be automatically topped up by us drawing the Agreed Replenishment Amount by Automatic Payment from Your Bank account or an accepted credit / debit card.

If You are a Manual Payment customer, You should make sure that You top up Your Account by the Agreed Replenishment Amount when Your Account reaches the Low Balance Amount. When We consider that Your Account is below the Low Account Balance, We may contact You to remind You to top up Your Account.

You must keep your Account Balance at $4,999 or below at all times. If your Account Balance reaches $5,000 or above, we will immediately contact you and will refund you the amount required to bring your Account Balance to below $5,000.

Following suspension

If We have suspended the Linkt Registration of Your Nominated Vehicle, subject to the terms and conditions of this agreement, We will re-register Your Nominated Vehicles on the Linkt Register when You have made arrangements for the Agreed Replenishment Amount to be drawn from Your Bank account.

12. When is a payment made?

Payments are treated as made when We receive them.

If You are an Automatic Payment customer, We will receive Your Automatic Payment when it is credited successfully to Our Bank account.

If You are a Manual Payment customer, or if Your Automatic Payment has failed or You have made other payment arrangements with us, We will receive Your payments:

if by cash or manual credit or debit card, BPAY or EFTPOS, when the person making the payment:
- in person, is given a receipt for that payment;
- by telephone, is given a receipt number for that payment;
- through our website or app, is given a reference number for that payment.

Where You pay Your Account using an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.

If a payment is not made successfully, we may debit the Dishonour Fee to Your Account (e.g. if direct debit is not honoured in full), unless the unsuccessful payment is Our or Our Bank's fault.

We may, at Our discretion, accept late or part payments or any payment described as being in full or in part settlement of a dispute. If We do so, We will not lose any of Our rights under this agreement. We may allocate any such payment against any money You owe Us as We deem necessary.

13. Questions, disputes and complaints

If You have a dispute or wish to make a complaint about the Linkt Registration of Your vehicle or a payment or an amount debited, credited or not credited to Your Account, You should contact Us. A customer service officer will provide a response with reasons as soon as possible.

If You believe that Your dispute or complaint has not been properly addressed, You have the right to have the issue reviewed by Our Customer Resolutions team who will provide a response with reasons.

If You are still not satisfied with the response, You may take Your complaint to the TCO Tolling Customer Ombudsman. If You believe there is an error (including Trips, fees and charges) in Your Statement, We require You to tell Us of any errors or discrepancies promptly.

Where You dispute Your Account Balance, We may (at Our discretion):

credit Your Account for all or part of the disputed amount; or
make other arrangements reasonably necessary to allow for the continued operation of Your Account, until the dispute is resolved.

14. Changing this agreement

We may change any of the terms of this agreement by publishing the changes or a new agreement at linkt.com.au/melbourne. We will take reasonable steps to notify You of any material changes to the terms of this agreement beforehand via the contact details You have provided to us.

If You are not satisfied with any changes to the terms of this agreement, You can close Your Account (see clause 16).

A change to the Tolls for using the Eligible Toll Roads is not a change to this agreement and therefore this clause does not apply. Tolls are determined in line with the relevant legislation and are published to the linkt.com.au/melbourne website at least 10 business days before the change to the Tolls comes into effect.

A change to the Video Matching Fee is not a change to this agreement and therefore this clause does not apply. The Video Matching Fee for Trips on CityLink is determined by Us and will be published to the linkt.com.au/melbourne website at least 10 business days before the change to the Video Matching Fee for Trips on CityLink comes into effect. The Video Matching Fee for Trips on EastLink is determined by ConnectEast Pty Ltd.

15. Suspension or cancellation

If Trips are made by vehicles that are suspended or cancelled from the Linkt Register You will not have a valid arrangement to make Trips and You may commit an offence and receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

The Linkt Registration of Your vehicle is suspended or cancelled when We record it as suspended or cancelled on the Linkt Register or remove it from the Linkt Register.

We may suspend or cancel the Linkt Registration of all Your Nominated Vehicles, Your Tag; or Your Account if:

Your Account Balance is zero or less or has not been paid within the required time period;
Your Nominated Vehicle or the Number Plate of your Nominated Vehicle is reported as lost or stolen to both the police and Us;
We consider that You have not told Us of a change of a Nominated Vehicle linked to your Account or of a change of the Registration Number of Your Nominated Vehicle;
Your Nominated Vehicle does not have Number Plates that conform to the relevant regulations of the relevant registration authority (e.g. DoT);
You use a vehicle which is in a different Class from that registered;
We are required to do so by law;
We have determined that Your Account has been abandoned, due to prolonged inactivity on Your Account and where we have not detected Your Nominated Vehicle or Number Plate using CityLink or an Eligible Toll Road for a prolonged period, having made reasonable attempts to contact You using the contact details You have provided; or
We reasonably consider suspension or cancellation of the Linkt Registration of Your Nominated Vehicle is warranted and/or necessary for any other serious reason (such as fraudulent or malicious use, material breach of this agreement or serious misconduct).

Notice prior to suspension or cancellation

If We have reason to suspend or cancel the Linkt Registration of Your vehicle, We will make reasonable attempts to contact You, via the contact details You have provided, prior to any such suspension or cancellation becomes effective.

Notice of suspension or cancellation when travelling with a Tag

If We have suspended or cancelled the Linkt Registration of Your vehicle, We will send a signal to Your Tag to give 4 beeps each time Your Tag device passes through a Toll Zone on CityLink. You agree that this is a reasonable method of notice for Us to use.

If We have suspended or cancelled the Linkt Registration of Your vehicle, We may try to notify You via the contact details You have provided.

Notice of suspension or cancellation when travelling without a Tag

If We have suspended or cancelled the Linkt Registration of Your vehicle, We will try to notify You via the contact details You have provided.

How You may cancel Your Account

You may end this agreement at any time by giving Us notice that You want to close Your Account. We will contact You to let You know that the Linkt Registration of the Nominated Vehicles linked to Your Account is cancelled.

Using Eligible Toll Roads after cancellation or suspension of your Linkt Registration

If You do not re-register Your vehicle with Us, do not make alternative arrangements to pay Tolls through another service provider, and Your vehicle is detected on any Eligible Toll Road after its Linkt Registration has been suspended or cancelled, the driver of that vehicle may commit an offence and You may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice. Failure to comply with an Infringement Notice is an offence.

If the Linkt Registration of all Nominated Vehicles linked to Your Account is cancelled, then within 10 Business Days of being contacted about the cancellation, You must:

return all Tags to Us (if applicable); and
pay any outstanding Account Balance and any other amount You owe Us.

Provided You have met the above requirements, We will refund any Remaining Account Balance within 10 Business Days after Your Account has been formally closed (which could take up to 21 days after Your Account is cancelled) as follows (and in the following order):

if authorised by You, We will refund the Remaining Account 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 (or if the account holder notifies us that they no longer have access to the card or bank account listed on Your Account, to a card or bank account provided by the account holder);
if We are unable to provide a refund in accordance with paragraph (i) above, We will mail a cheque for the Remaining Account Balance (payable to the account holder) to the address listed on Your Account; or
if We are unable to provide a refund or cheque in accordance with paragraphs (i) and (ii) above and cannot reasonably contact You, We will hold the Remaining Account Balance for You for a period of 12 months, after which the Remaining Account Balance will be considered and dealt with as “unclaimed money” in accordance with our obligations at law.

16. When this agreement ends

This agreement will end 20 Business Days after the Linkt Registration of all of Your Nominated Vehicles have been cancelled. The ending or cancellation of this agreement for any reason does not affect any rights that either You or We have against each other which arose at or before the end or cancellation of this agreement.

17. Liability

To the maximum extent permitted by law, We are not liable (whether in contract, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that You or any other person incurs arising directly or indirectly from Your use of CityLink or any Eligible Toll Road, Your installation, use or removal of the Tag or the Holder, or anything else in connection with this agreement, except to the extent that the loss, damage or expense was caused by Us, or as a result of our negligence or breach.

This agreement does not affect any rights, liabilities and responsibilities arising at law, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (ACL), unless otherwise provided under this agreement.

Where liability cannot be excluded, any liability incurred by Us in relation to the use of CityLink or any Eligible Toll Road, Your installation, use or removal of the Tag or the Holder or this agreement is limited to the extent provided for by the ACL.

18. General

Ownership of the Tag and licence to use it

You do not own any Tag linked to Your Account or provided to You. We will license You to use the Tag linked to Your Account in line with this agreement.

You must return the Tag to Us within 10 Business Days after We ask You to return it or within 5 Business Days after We ask You to return it if We have suspended the Linkt Registration of Your Nominated Vehicles.

This agreement is the entire agreement

This agreement is the entire agreement about the Linkt Registration of Your Nominated Vehicle, Your Account, Tag and the other matters covered by this agreement.

Notices

Notices (which include any written communications or statements) may be:

given to You personally;
left at Your Address;
sent to Your Address;
sent by email to the email address last notified to Us;
sent by an SMS message to the mobile phone number last notified to Us;
signalled through Your Tag beeps each time Your Tag passes through a Toll Zone; or
given to You in any other way the law allows.

A notice given to You is also taken to be given to the drivers and owners of all vehicles using a Tag linked to Your Account and each Nominated Vehicle which is linked to Your Account. Notices to Us may be sent or delivered:

to Our address;
by email to Our email address.

Notices take effect from the time they are received unless a later time is specified. Notices by Tag beeps are taken to be received when We signal the Tag to beep.

If notices are sent by post, they are taken to be received on the expiration of 3 Business Days after the date of posting. If notices are left at Your Address, they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day.

If notices are sent by email or SMS, they are taken to be received on the day of sending.

For any general enquiries please contact us.

If any part of this agreement is illegal or unenforceable it will not apply

Any provision of this agreement must be read down to the extent necessary to prevent that provision or this agreement from being invalid, voidable or not enforceable in the circumstances.

If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

Interest

You will not earn interest on any credit Account Balance or amount You pay Us under this agreement.

Waiving breaches of this agreement

Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because it:

fails to exercise it;
only exercises part of it; or
delays in exercising it.

A waiver of one breach of a provision of this agreement does not operate as a waiver of another breach of the same provision or any other provision. A right of Ours created under this agreement may only be waived in writing signed by Us.

Representations and warranties

You represent and warrant to Us that:

You have the power, authority and capacity to enter into this agreement; and
the owners and users of all vehicles linked to Your Account have consented to the linking of those vehicles to Your Account and for You to be provided with information regarding their use of those vehicles.

Recovery of costs

We may request that You pay Us an amount equal to any costs (including legal costs) reasonably incurred by Us in recovering a debt from You in court.

19. Online Services

Our online services (including Our websites, apps, email communications, social media profiles and other online services) may use Google services such as Google Analytics, Google Ads and Google Maps (e.g. 'Autocomplete' for address entry) from time to time. By using Our online services, You are agreeing to be bound by Google's Terms of Service and Linkt's Terms of Use.

20. Interpretation

In this contract unless the contrary intention appears:

a reference to this agreement includes any variation to it;
the singular includes the plural and the plural includes the singular;
a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
an obligation imposed on 2 or more parties binds them jointly and severally;
a reference to a time or date is a reference to that time or date in Melbourne;
a provision of this agreement must not be interpreted against Us just because We prepared the agreement;
a reference to any legislation or subordinate legislation includes any modifications or changes;
headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement; and
this agreement and the transactions contemplated by this agreement are governed by Victorian law.

21. Definitions

Term	Definition
Account	Your Linkt account including any Tags and Nominated Vehicles linked to the account.
Act	The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.
Account Balance	Means the total of all of the payments (and other amounts) which have been credited to Your Account less any Toll, Fee, tax, charge or other amount which is debited to Your Account.
Address	The last mailing address advised to Us by you.
Automatic Payment	A standing authorisation for Your payment given by You to Us over: an accepted credit or debit card; or a Bank account.
Bank	Any bank or financial institution, including a credit card provider, authorised to carry on banking or financial business within Australia.
Business Day	Any day which is not a Saturday, Sunday or public holiday in Melbourne.
CityLink	The Link road and Extension road as defined in the Melbourne City Link Act 1995 (Vic) and any part of those roads.
Class	A Motorcycle, Car, Light Commercial Vehicle or Heavy Commercial Vehicle as defined in the Toll Calculation Schedule in the Concession Deed. For more information on vehicle class, refer to Our website.
Concession Deed	Has the meaning given to 'the Agreement' in the Act.
Eligible Toll Road	CityLink and those Australian roads, bridges, tunnels or locations on which a Toll is levied for the passage of vehicles and for which You can use Your Account to pay that Toll. For further details, please refer to Our website.
Holder	The device which will be attached to the windscreen to hold the Tag.
Infringement Notice	A fine or other financial impost issued by an enforcement agency of the relevant State government to the registered owner or nominated driver of a vehicle. Infringement Notices may be issued when full payment of a Toll Invoice has not been received by the relevant due date.
Linkt Register	The register of vehicles established and maintained by Us under section 73A of the Act.
Linkt Registration	The registration by Us of Your vehicle (including Taxis) on the Linkt Register.
Manual Payment	A payment received by Us by way of cash, a manual credit or debit card or EFTPOS transaction.
Motorcycle	Has the meaning given to 'Motor Cycle' in the Toll Calculation Schedule.
Nominated Vehicle	A vehicle which You have asked Us to link to Your Account and which is registered on the Linkt Register.
Number Plate	The physical plate which contains the vehicle's Registration Number.
Registration Number	The combination of numbers, letters, or numbers and letters on the Number Plate of Your Nominated Vehicle, as assigned to that vehicle by the relevant registration authority (e.g. DoT).
Remaining Account Balance	The total of any credit Account Balance You have left after all outstanding fees, taxes, Tolls, Toll credits, charges and any other amounts You owe Us are deducted. Toll credits cannot be redeemed for cash.
Start Date	The Start Date is the date on which Your Account is opened.
Tag	The transponder device licensed to You for the duration of this agreement.
Taxi	A vehicle which is the subject of a commercial passenger vehicle licence to operate as a taxi cab issued under the Transport Act 1983 (Vic).
Toll Administration Fee	A Toll Administration Fee calculated in accordance with the Act or, in relation to an Eligible Toll Road other than CityLink, such equivalent legislation that applies in relation to that Eligible Toll Road. This fee may be payable if You receive a Toll Invoice.
Toll Calculation Schedule	Has the meaning given to that term in the Concession Deed.
Toll Invoice	A request for payment issued to the registered owner or nominated driver of a vehicle for travel on CityLink or another Eligible Toll Road. Toll Invoices are issued by Us or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.
TCO Tolling Customer Ombudsman	Means the ombudsman for the tolling industry and the contact details can be obtained from Our website.
Tolls	Tolls are the amount payable for travel on CityLink and other Eligible Toll Roads. CityLink Tolls are set in accordance with the Toll Calculation Schedule and may be updated quarterly. The full details appear in the Victoria Government Gazette. Tolls on CityLink vary depending on the Class of the Nominated Vehicle. It is Your responsibility to ensure that each of Your Nominated Vehicles is registered in the correct Class at all times. Current Toll prices for other Eligible Toll Roads are available from the relevant Eligible Toll Road operator.
Toll Zone	A part of CityLink specified to be a Toll Zone under the Act.
Transurban Credit Reporting Policy	The Transurban Credit Reporting Policy available from Our website.
Transurban Privacy Policy	The Transurban Privacy Policy available from Our website.
Trip	The driving of a vehicle in one direction in one or more Toll Zones uninterrupted by exit and subsequent re-entry of CityLink other than travel directly between the Southern Link and the Western Link. For EastLink, a Trip will be as defined in the EastLink Project Act (2004). For other Eligible Toll Roads, a Trip will be defined by each Respective Eligible Toll Road operator.
Trip Cap	The maximum Tolls which will be debited to Your Account for each Trip. The amount is determined by Us in line with the Act or, if applicable, by an operator of another Eligible Toll Road in respect of Trips on that Eligible Toll Road.
We, Our or Us	CityLink Melbourne Limited (formerly Transurban City Link Limited) ABN 65 070 810 678, including the successors, contractors, assignees, employees, agents and nominees of CityLink Melbourne Limited.
You/Your	You, the customer, who has opened the Account with Us and Your properly authorised agents.

22. Amounts, Fees and Charges

Fees and charges applicable to Your Account are detailed on the Prepaid Account fees page.

Please note that these fees exclude toll pricing. View current toll costs.

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