Tagless Account 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 Eligible Toll Roads. This agreement begins when You accept this agreement by:
- completing the “open an account” process on Our website or app;
- accepting in writing;
- accepting the agreement orally; or
- conduct (e.g. by contacting Us to open an Account).
2. What to do before using Eligible Toll Roads
Before using Eligible Toll Roads You must:
- tell Us Your name, Address, email address, phone number, the type of Account You wish to open and the method of payment for Your Account;
- tell Us the Registration Number, make and model, and/or Class of vehicle to be linked to Your Account;
- pay Us the applicable Start-Up Fee and any other amounts We require under this agreement;
- provide details of Your credit or debit card, including the number, expiry date and name appearing on the relevant credit or debit card; and
- pay any outstanding amounts owned 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.
Linking Vehicles to your Account and the Linkt Register
You must link at least one vehicle to Your Account. 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.
Although We may contact You using the contact details provided to inform You about certain events that affect the Linkt Registration of Your Nominated Vehicle, You are responsible for making sure that the Linkt Registration of Your Nominated Vehicle or any vehicle that You drive on an Eligible Toll Road is not suspended or cancelled. 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.
Your Nominated Vehicles must have Number Plates that conform to regulations
Your Nominated Vehicles 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 a rear Number Plate only. If You use an Eligible Toll Road with a vehicle that does not comply with this clause:
- 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 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 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.
If You choose to register for Cashback and/or LTRVTR We are obliged to provide certain details to TfNSW each month. Details of what information is shared with TfNSW is explained further below in clauses 19 and 20.
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. How tolling works
Travel on Associated Toll Roads
We operate the electronic tolling systems on Associated Toll Roads to detect vehicles that make Trips on Associated Toll Roads by identifying the vehicle’s Registration Number. We will charge the relevant Associated Toll Road Tolls and applicable Fees to Your Account based on the vehicle’s Registration Number. You are also responsible for the Tolls or Fees incurred by any vehicle that You drive on an Associated Toll Road, whether or not it is a Nominated Vehicle.
Travel on Other 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 vehicle’s Registration Number. The Other Eligible Toll Road operator will send Trip data and the relevant Tolls to Us so We can charge those Tolls (and any applicable Fees) to Your Account. We will charge those amounts determined as payable by the Other Eligible Toll Road operator and We are not responsible for confirming the accuracy of that information.
5. Charging Tolls and Vehicle Matching Fees to Your Account
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. Toll prices for Associated Toll Roads are available on Our website or upon request and Toll prices for Other Eligible Toll Roads are available from the Other Eligible Toll Road operator.
We will charge a Toll to Your Account when one or more of Your Nominated Vehicles or the Number Plate of Your Nominated Vehicle is detected at an Electronic Toll Point or on an Eligible Toll Road.
We will charge Tolls and any applicable Fees to Your Account:
- 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 Account if the Toll Notice remains unpaid.
Vehicle Matching Fee
You will be charged the Vehicle Matching Fee to Your Account 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 Cap
Some Eligible Toll Roads have a Trip Cap. For Trips taken on Eligible Toll Roads with a Trip Cap, we will only debit Tolls to Your Account up to the Trip Cap.
Backdating Trips
When opening Your Account or adding a vehicle to Your Account, You can cover recent Trips made with Your Nominated Vehicle by selecting a date:
- up to 10 days ago for Trips made on toll roads in Sydney and Melbourne (excluding the Sydney Harbour Bridge, Tunnel (NSW) and Eastlink (VIC)); and
- up to 9 days for Trips made on toll roads in Queensland.
Please make sure You have a valid arrangement in place before You travel on Sydney Harbour Bridge and Tunnel and Eastlink as Your Linkt Account cannot cover past travel made on these toll roads. Learn more about covering past trips here.
Multiple Accounts
If Your Nominated Vehicle is linked to another Account and Your Nominated Vehicle is detected on an Eligible Toll Road, We may choose which Account will be charged with the Tolls and any applicable Fees from that Trip.
Incorrect Charges
If We incorrectly charge a Toll or a Fee to Your Account for a trip on an Eligible Toll Road, we will refund that Toll or Fee to Your Account within a reasonable time after:
- You notify Us of the error and we confirm it was an incorrect Toll or Fee; or
- We become aware of the error.
A Toll or Fee is not incorrectly charged by Us if We charge You in accordance with clause 5.
It is Your responsibility to update Your details in accordance with clause 11.
6. Payment to open Your Account
You must pay Us the Start Up Fee when You open Your Account, so that We may cover costs associated with the opening of Your Account. The Start Up Fee is non-refundable and cannot be transferred to another Account..
Following this, Your Account will be topped up in accordance with the process set out in clause 9.
7. Additional fees and payments
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 based on the vehicle's correct Class.
It is your responsibility to ensure that Your vehicle is registered in the correct Class at all times.
Travel on Other Eligible Toll Roads
We may debit the relevant Tolls and Fees charged by Other Eligible Toll Road operators from Your Account when Your Nominated Vehicle is detected on those Other Eligible Toll Roads.
Linking a vehicle after a Toll Notice has been issued
If You request that We link a vehicle to Your Account after a Toll Notice has been issued in respect of that vehicle, We may debit to Your Account both the Toll payable and a Toll Notice Transfer Fee.
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.
Toll Administration Fee
If You receive a Toll Notice You agree to pay any applicable Toll Administration Fee(s).
8. Statements
Copies of Your statements can be accessed by logging in to Your Account. Online and email statements do not incur a fee. Refer to clause 24 for further information on Statement Fees which apply to hard copy statements.
9. Payment of Your Account
Tolls, Fees and charges are charged by Us to Your Account on a daily basis if you have travelled on an Eligible Toll Road. When Your Account Balance is below $0 Your Account will be automatically topped up by Us drawing the Minimum Top-up Amount required to return Your Account Balance to $0 by Automatic Payment from Your accepted credit/debit card.
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.
10. When is a payment made?
Payments are made to Your Account when we receive them.
We will receive Your Automatic Payment when it is credited successfully to Our Bank account.
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.
If Your Automatic Payment has failed, We will receive Your payments:
- if by cash or credit or debit card, BPAY ®, or EFTPOS, when the person making the payment by electronic systems, our website or telephone, 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 Account being suspended or cancelled. If You continue to travel on Eligible Toll Roads when the Linkt Registration is suspended or cancelled, 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.
11. When You should contact Us
You should contact Us as soon as possible when:
- 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 return a rental car), 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 number plate is stolen
We will not charge Tolls or the Vehicle Matching Fee 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 an Electronic Toll Point; or
- the Number Plate of Your Nominated Vehicle has been stolen, We detect that Number Plate on a vehicle (if that vehicle is not Your vehicle) at an Electronic Toll Point.
We will resume charging Tolls to Your Account 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, a statutory declaration or an insurance claim if We request it.
12. 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:
- in relation to Tolls (and any applicable Fees) on an Associated Toll Road, Us; and
- in relation to Tolls (and any applicable Fees) on Other Eligible Toll Roads, the preferred tag service provider for that Other Eligible Toll Road.
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 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 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.
13. Changing this agreement
We may change the 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 Account (see clause 14).
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 for Associated Toll Roads are published to the linkt.com.au/sydney website at least 10 business days before the change to the Tolls comes into effect.
A change to the Vehicle Matching Fee is not a change to this agreement and therefore this clause does not apply. The Vehicle Matching Fee for Trips on Associated Toll Roads is determined by Us and will be published to the linkt.com.au/sydney website at least 10 business days before the change to the Vehicle Matching Fee for Trips on Associated Toll Roads comes into effect. The Vehicle Matching Fee for Trips on Other Eligible Toll Roads is determined by the Other Eligible Toll Road operator.
14. 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 Notice or, if the Toll Notice 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 or Your Account if:
- Your Automatic Payment fails or you fail to make a payment under this agreement;
- 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;
- in the previous 6 years or more, there has been no activity on Your Account and We have not detected Your Nominated Vehicle or Number Plate using an Eligible Toll Road. Prior to such suspension or cancellation, Linkt will make reasonable attempts to contact You using the contact details associated with Your Account to determine if Your Account is still in active use. We will not suspend or cancel the Linkt Registration of any or all of Your Nominated Vehicles if You inform Linkt that You wish to keep Your Account open; 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).
Any Toll incurred for a vehicle registered to Your Account during suspension will be charged to your Account on its re-registration. In addition, We may charge a Toll Notice Transfer Fee or Toll Administration Fee (as applicable) incurred in relation to Toll Notices issued during the period of suspension to Your Account.
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.
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 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 by telephone to re-register Your vehicle on the Linkt Register. Your vehicle will be re-registered on the Linkt Register when Your Account Balance is zero.
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 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 Account is cancelled, then within 10 Business Days of being contacted about the cancellation, You must 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 (a) 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 (a) and (b) above and cannot reasonably contact You, We will hold the Remaining Account Balance for You for a period of 6 years, after which the Remaining Account Balance will be considered and dealt with as “unclaimed money” in accordance with Our obligations at law.
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 20 Business Days after the Linkt Registration of all of Your Nominated Vehicles is 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 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 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 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 (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; 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 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 4pm 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 (when using the Linkt website) and the Terms for the Linkt app (when using the Linkt app).
19. Cashback Scheme
Cashback has been established by the NSW Government for motorists to claim back their M5 Tolls (excluding GST and all other fees) from the TfNSW.
You may be eligible for Cashback if You:
- drive a vehicle on the M5 which is registered in NSW with a private usage shown on the registration papers, e.g., "Private General" or "Charitable"; and
- have a Tagless Account with Us and tell Us that You wish Us to register Your Account with the TfNSW for Cashback.
Find out more about the M5 Cashback scheme or contact Us for more info on registering Your Account for Cashback.
If You join Cashback, We are obliged to send to the TfNSW each month the name, address, Trip and toll details of customers who have informed Us they wish to participate in Cashback. This is for TfNSW audit verification purposes. If You choose to join Cashback, You consent to this disclosure.
Your Registration Number may be photographed at the M5 toll plaza for audit verification purposes. For further information about Cashback, contact TfNSW on 1300 133 310 or email cashback@transport.nsw.gov.au.
20. Large Towed Recreational Vehicle Toll Rebate (LTRVTR)
LTRVTR has been established by the NSW Government for motorists to claim back their eligible Tolls (excluding GST and all other fees), on eligible large recreational vehicles. LTRVTR will provide a rebate for customers, towing an eligible large recreational vehicle on all existing and new toll roads in Sydney, except the Sydney Harbour Bridge and Tunnel.
This will mean that, once registered in LTRVTR, drivers of large recreational vehicles will be rebated the difference between the Class B toll charged on their toll Account and the cost the Class A toll charged on their Account.
You may be eligible for LTRVTR if You:
- tow an eligible large recreational vehicle on a toll road in Sydney, except the Sydney Harbour Bridge and Tunnel, and both the vehicle towing plus the eligible large recreational vehicle being towed are registered in NSW with a private usage shown on the registration papers, e.g., "Private General" or "Charitable"; and
- have a Tagless Account with Us and tell Us that You wish Us to register Your Account with TfNSW for LTRVTR.
Find out more about the LTRVTR or contact TfNSW on 1300 133 310 for more info on registering Your Account for LTRVTR.
If You register for LTRVTR, We are obliged to send to TfNSW each month the name, address, Trip and toll details of customers who have informed Us they wish to participate in LTRVTR. This is for TfNSW audit verification purposes. If You choose to register for LTRVTR, You consent to this disclosure.
Your Registration Number may be photographed at Sydney toll roads for audit verification purposes. For further information about LTRVTR, contact TfNSW on 1300 133 310 or email cashback@transport.nsw.gov.au.
21. General
This agreement is the entire agreement
This agreement is the entire agreement about the Linkt Registration of Your Nominated Vehicle, Your Account 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.
22. 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.
23. Definitions
Account means Your Linkt account including any Tags and Nominated Vehicles linked to the Account;
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 means the last mailing address advised to Us by You;
Associated Toll Road means toll roads for which We are the preferred tag service provider, being:
- Cross City Tunnel
- Eastern Distributor
- Hills M2
- Lane Cove Tunnel
- M5 East Motorway
- M5 South-West Motorway
- Military Road E-Ramps
- NorthConnex
- WestConnex M4
- WestConnex M8
- Westlink M7
Automatic Payment means a standing authorisation for Your Payment given by You to Us over an accepted debit/credit card;
Bank means any bank or financial institution including a credit card provider, authorised to carry on banking or financial business within Australia;
Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;
Cashback means the M5 Cashback Scheme established by the NSW Government;
Class means a class of vehicle based on vehicle dimensions and which determines the Tolls you pay. For more information on vehicle class, refer to Our website;
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 Account to pay that toll and includes Associated Toll Roads and Other Eligible Toll Roads;
Fee means any fee or other amount payable to Us by You when certain events occur, as set out in clause 24;
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;
LTRVTR means the Large Towed Recreational Vehicle Toll Rebate established by the NSW Government;
Nominated Vehicle means a vehicle which You have asked Us to link to Your Account which is registered on the Linkt Register;
Number Plate means the physical plate with contains the vehicle’s Registration Number;
Other Eligible Toll Roads means toll roads, excluding Associated Toll Roads for which You can use Your Account to pay that Toll;
Payment Card Surcharge has the meaning given in clause 24;
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);
Remaining Account Balance means 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;
TfNSW means Transport for New South Wales;
Toll Administration Fee has the meaning given in clause 24;
Toll Notice a request for payment issued to the registered owner or nominated driver of a vehicle for travel on an Eligible Toll Road. Toll Notices are issued by Us or Other Eligible Toll Road operators and may include Tolls and Toll Administration Fees;
Toll Notice Transfer Fee has the meaning given in clause 24;
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. Toll prices for Associated Toll Roads are available on Our website and current toll prices for Other Eligible Toll Roads are available from the Other Eligible Toll Road operator;
Transurban Credit Reporting Policy means the credit reporting policy available from Our website;
Transurban Privacy Policy means the privacy 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 Account for each Trip. The Trip Cap for Associated Toll Roads is determined by Us and the Trip Cap for Other Eligible Toll Roads is determined by the relevant Other Toll Road operator;
Vehicle Matching Fee has the meaning given in clause 24;
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 Account with Us and Your properly authorised agents.
24. 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 | Description | Amount, Fee or Charge |
|---|---|---|
Minimum Top-up Amount | The amount charged to your nominated credit/debit card after your Account Balance is below $0. | The amount necessary to return your Account Balance to $0.00 |
Payment Card Surcharge | This is the amount that we may add to a payment to your Account, when you make a payment by an accepted credit card or debit card. | If you make a payment by an accepted credit card or debit card we are charged a merchant service fee by our financial institution. |
Statement Fee | Fee payable for statements | Free via e-mail $2.75 for regular statements by post $3.30 per additional statement by post. |
Start-Up Fee | The amount charged when your Account is set up. | $3.30 for Account set up at the call centre or any channel other than linkt.com.au $1.50 for Account set up at linkt.com.au |
Toll Administration Fee | An amount that may be payable in relation to a Toll Notice. | For details please refer to our toll notice admin fees. |
Toll Notice Transfer Fee | The Fee is fixed by an operator of an Eligible Toll Road and is payable if you receive a Toll Notice and elect to charge it to your Account. | For details please refer to our fees and charges. |
Vehicle Matching Fee | We will debit the Vehicle Matching Fee from your Account (as well as tolls), for each Trip that each Nominated Vehicle is detected as having been taken on any Eligible Toll Road. | For details please refer to our fees and charges. |