Sydney Pass Customer Service Agreement

Last updated: 9 July 2024 | Print as PDF

1. Your agreement with Us

This service is provided by Tollaust Pty Ltd ABN 37 050 538 693 under the brand, Linkt.

Linkt and Linkt Sydney are trade marks of Transurban Limited used under licence by Tollaust Pty Ltd ABN 37 050 538 693.

This agreement details Your rights and obligations for use of the Sydney Pass on Eligible Toll Roads.

This agreement begins when You accept this agreement orally or by conduct (e.g. by opening a Sydney Pass, or by signifying Your acceptance on Our website).

2. Linking Your Vehicle to Your Sydney Pass and the Linkt Register

Before using Eligible Toll Roads, you must:

tell Us Your name, Address, email address and phone number;
tell Us the Registration Number, make and model, and/or Class of each vehicle that You wish to have linked to Your Sydney Pass;
confirm the date range of Your Sydney Pass. Your vehicle can be covered for travel on Eligible Toll Roads for up to 30 days;
provide details of Your credit or debit card, including the number, expiry date and name appearing on the relevant credit card;
pay the Start-Up Fee; and
pay any outstanding amounts owed to Us by You from any previous use of Eligible Toll Roads, or any unpaid Fees, taxes or charges incurred by You and payable to Us.

We will register Your vehicle on the Linkt Register when You provide Us with the information above. Linkt Registration only takes effect when Your vehicle is recorded as registered on the Linkt Register by Us.

If the Linkt Registration of Your Nominated Vehicle is suspended or cancelled (e.g. for non-payment) that Nominated Vehicle will no longer be registered on the Linkt Register.

You must link at least one vehicle to Your Sydney Pass.

Your Nominated Vehicle must have Number Plates that conform to regulations

Your Nominated Vehicle must have clearly readable Number Plates. Number Plates and their placement must conform to the relevant regulations of the relevant registration authority. Vehicles other than Motorcycles must display both front and rear Number Plates. Motorcycles are required to display one rear Number Plate. If You use an Eligible Toll Road with a vehicle that does not comply with this section:

We may suspend the Linkt Registration of Your Nominated Vehicle; and
You may be issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice. You agree to pay any Tolls and Toll Administration Fee that the Toll Notice requires You to pay in accordance with the requirements of that Toll Notice.

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 Eligible Toll Roads, and to manage Your Sydney Pass 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 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 and other 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.

4. How tolling works

Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying Your Nominated Vehicle’s Registration Number.

When Trips are made on Eligible Toll Roads using Your Nominated Vehicle, the Eligible Toll Road operator (or the operator’s preferred tag service provider) may send Trip data and the relevant Tolls to Us so We can charge those Tolls (and any applicable Fees) to Your Sydney Pass.

You are also responsible for the Tolls or Fees incurred by any vehicle that You drive on an Eligible Toll Road, whether or not it is a Nominated Vehicle.

Any questions regarding any Tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to the Eligible Toll Road operator.

5. Charging Tolls and Vehicle Matching Fees to your Sydney Pass

How will You be charged?

You will be charged Tolls for using Eligible Toll Roads which are set by the Eligible Toll Road operators in line with Government regulations. Further details are available on the Linkt About Sydney toll roads page.

We will charge a Toll to Your Sydney Pass when one or more of your Nominated Vehicles or the Number Plate of your Nominated Vehicles is detected at an Electronic Toll Point or on an Eligible Toll Road.

We will charge Tolls and any applicable Fees to Your Sydney Pass:

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

If We have sent You a Toll Notice in respect of any Trip(s), We may charge the applicable Toll(s) and Toll Administration Fee(s) to Your Sydney Pass if the Toll Notice remains unpaid.

Vehicle Matching Fee

You will be charged the Vehicle Matching Fee to Your Sydney Pass for each Trip made by Your Nominated Vehicle on an Eligible Toll Road. We will not charge a Vehicle Matching Fee for Trips made by Motorcycles on Eligible Toll Roads.

Trip Caps

Some Eligible Toll Roads have a Trip Cap. For Trips taken on Eligible Toll Roads with a Trip Cap, We will only charge Tolls to Your Sydney Pass up to the Trip Cap.

Backdating

When opening Your Sydney Pass or adding a vehicle to Your Sydney Pass, You can cover recent Trips made with Your Nominated Vehicle by selecting a date:

up to 3 days ago for Trips made on the Sydney Harbour Bridge and Tunnel (NSW) and Eastlink (VIC); and
up to 5 days ago for Trips made on all other Eligible Toll Roads.

Learn more about covering past Trips here.

6. Additional Fees and payment

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

If You have given Us incorrect information about the Class of Your Nominated Vehicle(s) or other vehicle(s) You drive on any Eligible Toll Road, We may charge You the applicable Tolls and Fees based on the vehicle's correct Class.

Dishonour Fee

If Your payment is not made successfully, You may be charged a Dishonour Fee to Your Sydney Pass unless the unsuccessful payment is caused by our Bank.

When You agree to additional payments

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

Toll Administration Fee

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

7. Statements

A statement will be emailed to Your nominated email address after the End Time. Emailed statements do not incur a Fee.

You can request additional statements by contacting Us. Refer to clause 22 for further information on Statement Fees which apply to hard copy statements.

8. Payment of Your Sydney Pass

Tolls, Fees and charges are charged by Us to Your Sydney Pass.

When Your Account Balance is at or below the Top Up Trigger Your Sydney Pass may be automatically topped up by Us drawing the Minimum Top-up Amount by Automatic Payment from Your accepted credit/debit card.

Valid credit or debit card details must be recorded against Your Sydney Pass at all times, regardless of Your Account Balance, to prevent suspension due to payment failures.

We will draw a Closing Payment from Your credit or debit card on the Closing Payment Date. The Closing Payment Date is after the End Time that You have nominated. The Closing Payment is the amount drawn to finalise any outstanding Tolls, Fees and charges.

9. When is a payment made?

Payments are made to Your Sydney Pass when We receive them.

We will receive Your payments when credited successfully to Our Bank account.

If Your Automatic Payment has failed, we may at our sole discretion:

Retry your Automatic Payment up to the Closing Payment Date; or
Receive your payments:
- if by credit or debit card, when the person making the payment by telephone or via our website is given a receipt number for that payment; or
- if by cheque, when the proceeds of the cheque have been cleared.

Failure to make a payment to Us due under this agreement may result in Your Nominated Vehicle being suspended from the Linkt Register. If Your Nominated Vehicle is detected on any Eligible Toll Road after the Linkt Registration has been suspended, the driver of that vehicle may commit an offence and You being issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice. You agree to pay any Tolls and Toll Administration Fees that the Toll Notice requires you to pay in accordance with the requirements of that Toll Notice.

10. When You should contact Us

You should contact Us as soon as possible when:

Your Nominated Vehicle or Number Plate on Your Nominated Vehicle is lost or stolen; or
You become aware of anything that may or will affect any payment under this agreement;
You are unsure if Your Nominated Vehicle is registered in the correct Class;
You want to remove Your Nominated Vehicle from the Linkt Register (e.g. You sell that vehicle or You change the Registration Number of a Nominated Vehicle;
You change Your address or other contact details (e.g. Your phone number); or
Your Nominated Vehicle is modified after it is registered.

If You do not make contact when required

To avoid having 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 number plate is stolen

We will not charge Tolls or the Vehicle Matching Fee to Your Sydney Pass if, after You have notified both the police and us that:

Your Nominated Vehicle has been stolen, that Nominated Vehicle is detected at an Electronic Toll Point; or
the Number Plate of Your Nominated Vehicle has been stolen, that Number Plate on a vehicle (if that vehicle is not Your vehicle) is detected at an Electronic Toll Point.

We will resume charging Tolls to Your Sydney Pass when You notify Us, or We become aware, that You have recovered the stolen Nominated Vehicle or stolen Number Plate.

You must provide a copy of any relevant police report (including the police event number), a statutory declaration or an insurance claim if We request it.

11. Questions, complaints and disputes

Questions regarding Tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to the Eligible Toll Road operator. Further details on Tolls are available on the Linkt About Sydney toll roads page.

If You have a dispute or wish to make a complaint about the Linkt Registration of Your vehicle(s) or a payment or an amount debited, credited or not credited to Your Sydney Pass 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 Tolling Customer Ombudsman.

If You believe there is an error (including Trips, Fees and charges), 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 Sydney Pass 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.

12. Changing this agreement

We may change any terms of this agreement by publishing the changes or a new agreement at linkt.com.au/sydney. 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 Sydney Pass.

A change to the Tolls for using the Eligible Toll Roads and a change to the Vehicle Matching Fee 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/sydney website at least 10 business days before the change to the tolls comes into effect.

13. A Sydney Pass expires at the End Time

Your Sydney Pass expires at the End Time that You nominated when setting up Your Sydney Pass, such End Time being no later than 30 days after the Start Date of Your Sydney Pass.

Trips made using Your Nominated Vehicle after the End Time will not be charged to Your Sydney Pass and the driver of that Nominated Vehicle may commit an offence, and the owner of that Nominated Vehicle may be issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

14. Suspension or Cancellation of the Linkt Registration

If Trips are made by Your Nominated Vehicles when it is suspended or cancelled from the Linkt Register and without any other tolling arrangement, You will not have a valid arrangement to make Trips. You may commit an offence which may result in You being issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

The Linkt Registration of Your Nominated 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 will cancel the Linkt Registration of Your Nominated Vehicle at the End Time nominated on Your Sydney Pass.

We may suspend or cancel the Linkt Registration of Your Nominated Vehicles or Your Account before the End Time nominated on Your Sydney Pass if:

Your Automatic Payment fails or You fail to make a payment under this agreement; or
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. TfNSW);
You use a vehicle which is in a different Class from that registered;
We are required to do so by law; 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 becoming effective.

Notice of suspension or cancellation

If We have suspended or cancelled the Registration of Your vehicle, We may try to notify You via the contact details You have provided. You agree that this is a reasonable method of notice for Us to use.

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

If You wish to use a vehicle on any Eligible Toll Road after the Linkt Registration of Your vehicle has been suspended or cancelled, You must first contact Us and re-register on the Linkt Register by:

If the Linkt Registration of Your vehicle has been suspended, making any payment required under this agreement;
If the Linkt Registration of Your vehicle has been cancelled, setting up a new Sydney Pass, or opening a new account with Us.

If You do not re-register Your vehicle with Us or do not make arrangements to pay Tolls through another tag service provider and that 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 it may result in You being issued with a Toll Notice or, if the Toll Notice 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 Sydney Pass is cancelled, then within 5 Business Days of receiving notice of that cancellation, You must pay any amount You owe Us.

Re-registration of a vehicle on the Linkt Register may require payment by You of any amounts owed by You to Us and may take up to 48 hours following receipt by Us of any such payment. If Trips are made by the vehicle during this 48 hour period, the vehicle may not have been re-registered on the Linkt Register and You or the driver of the vehicle may commit an offence and may receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

15. When this agreement ends

This agreement ends on the Closing Payment Date. The ending or cancellation of this agreement for any reason does not affect any rights that either You or We have against each other that arose at or before the end or cancellation of this agreement.

16. Liability

To the maximum extent permitted by law, We are not liable (whether in agreement, 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 any Eligible Toll Road, 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 any Eligible Toll Road or this agreement is limited to the extent provided for by the ACL.

17. Notices

Notices (including 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; 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; or
by email to Our email address.

Our contact details are available on Our website.

Notices take effect from the time they are received unless a later time is specified. 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.

18. 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.

19. General

This agreement is the entire agreement

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

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 of 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.

20. Interpretation

In this agreement 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 two or more parties binds them jointly and severally;
a reference to a time or date is a reference to that time or date in Sydney;
a provision of this agreement must not be interpreted against Us just because We prepared this 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
a reference to a clause is a reference to a clause of this agreement.

This agreement and the transactions contemplated by this agreement are governed by the laws of New South Wales.

21. Definitions

Account Balance means the total of all Tolls, Fees, taxes, charges and any other amount which You owe Us which is debited to Your Sydney Pass less any payments (and other amounts) credited to Your Sydney Pass;

Address means the last mailing address advised to Us;

Automatic Payment means the standing authorisation given by You to Us over an accepted debit/credit card;

Bank means any bank or financial institution including a credit card provider;

Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;

Class means a class of vehicle based on the vehicle’s dimensions and which determines the Tolls You pay;

Closing Payment means the amount of Your Automatic Payment and is equal to Your Account Balance on the Closing Payment Date;

Closing Payment Date means the day up to 60 days after the End Time during which period We may debit funds owed under this agreement from Your nominated credit/debit card;

Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected by an electronic tolling system;

Eligible Toll Road means 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 Sydney Pass to pay that Toll. For further details, please refer to Our website;

End Time is the date and time You nominated when setting up Your Sydney Pass (such date being no later than 30 days after the day You set up Your Sydney Pass), and means the last day and time on which Trips made using Your Nominated Vehicle on Eligible Toll Roads will be charged to Your Sydney Pass. The Linkt Registration of Your Nominated Vehicle will be cancelled at the Expiry Date, or at a date and time subsequently advised by Us;

Fee means any fee or other amount payable to Us by You when certain events occur, as set out in clause 22;

Infringement Notice means 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 Notice has not been received by the relevant due date;

Linkt Register means the register of vehicles that are subject to customer service agreements established and maintained by Us;

Linkt Registration means the registration by Us of Your vehicle on the Linkt Register by linking it to Your Sydney Pass;

Minimum Top-up Amount has the meaning given in clause 22;

Nominated Vehicle means each vehicle You have asked Us to link to Your Sydney Pass and is registered on the Linkt Register;

Number Plate means the physical plate which contains the vehicle’s Registration Number;

Privacy Policy means the privacy policy available from Our website;

Registration Number means 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 vehicle registration authority (e.g. TfNSW);

Start Date means the date on which Your Sydney Pass is opened;

Sydney Pass means Your account with Us;

Toll Administration Fee has the meaning given in clause 22;

Toll Notice is a request for payment issued to the registered owner or nominated driver of a vehicle for travel on an Eligible Toll Road and may include Tolls and Toll Administration Fees;

Tolling Customer Ombudsman means the ombudsman for the tolling industry. The contact details for the Tolling Customer Ombudsman are available on Our website;

Tolls are the amount payable for travel on Eligible Toll Roads as increased from time to time. Toll prices are published to the linkt.com.au/sydney website at least 10 business days before the change comes into effect;

Top Up Trigger has the meaning given in clause 22;

Transurban Credit Reporting Policy means the credit reporting policy available from Our website;

Trip means the driving of a vehicle in one direction through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on a single Eligible Toll Road;

Trip Cap means the maximum Tolls which will be debited to Your Sydney Pass for each Trip. The Trip Cap is determined by the Eligible Toll Road operator;

We, Our or Us means Tollaust Pty Ltd ABN 37 050 538 693, including the successors, contractors, assignees, employees, agents and nominees of Tollaust Pty Ltd;

You/Your means you, the customer, who has opened the Sydney Pass with Us and Your properly authorised agents.

22. Amounts, Fees and Charges

The following Fees and amounts are payable as described in this table (inclusive of Goods and Services Tax (GST) where applicable).

Fee or amount	When payable	Amount, Fee or Deposit
Dishonour Fee	The amount that will be charged to Your Sydney Pass if Your payment is not successfully made, unless the unsuccessful payment is caused by Us or Our Bank.	$1.00
Minimum Top-up Amount	The amount charged to Your nominated credit/debit card after Your Account Balance reaches the Top Up Trigger.	The amount necessary to return your Account Balance to $0.00
Start-Up Fee	The amount charged when your Sydney Pass is set up.	$3.30 for Sydney Pass set up at the call centre or any channel other than linkt.com.au $1.50 for Sydney Pass set up at linkt.com.au
Statement Fee	A free statement will be emailed to Your nominated email address at the end of the Sydney Pass period. The amount debited to Your Sydney Pass when You request a statement other than the free email statement sent at the end of the Sydney Pass period.	Free via e-mail $2.75 for regular statements by post $3.30 per additional statement by post
Toll Administration Fee	An amount that may be payment payable in relation to a Toll Notice	For details please refer to our website.
Top Up Trigger	When your Account Balance falls to this amount, the Minimum Top-up Amount will be charged to your nominated credit/debit card.	-$10.00, or any larger amount as agreed
Vehicle Matching Fee	We will debit the Vehicle Matching Fee from your Sydney Pass (as well as tolls), for each Trip that each Nominated Vehicle is detected as having been taken on any Eligible Toll Road.	$0.75 per Trip for Trips on Eligible Toll Roads.

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