Last updated: 9 December 2019
1. About us
2. This agreement
3. Your account
4. Paying for your tolls
5. Our tags
6. Using TQ tolled roads
7. Travelling on compatible roads
8. Suspending and closing your account
10. Enquiries, complaints and disputes
11. Changes to this Agreement
14. Liability 15. Definitions
16. Contact us
17. Notices and other documents
Queensland Motorways Management Pty Ltd (Transurban Queensland or TQ) is part of the Transurban Queensland Group, which operates and manages certain toll roads and provides tolling services for the State of Queensland (Department of Transport and Main Roads) in relation to certain other toll roads. The toll roads which Transurban Queensland operates and manages or provides tolling services for are listed and updated from time to time at linkt.com.au/brisbane. In this document, we refer to these toll roads as ‘TQ tolled roads’.
Linkt and Linkt Brisbane are trade marks of Transurban Limited used under licence by Queensland Motorways Management Pty Ltd ABN 86 010 630 921.
This Agreement covers your Commercial account which we refer to as ‘your account’. It outlines your rights and obligations to us and our rights and obligations to you about your account and each vehicle which is linked to your account, which we refer to as ‘linked vehicles’.
You can apply for an account online. You can also apply for an account by completing an application form and returning it to us by mail.
All applications are subject to credit checks and approval. You acknowledge and agree to the additional credit terms set out on the application form or if you are applying online, at linkt.com.au/brisbane. If you cannot satisfy these requirements, we may refuse your application. We will notify you if this occurs.
If the account is for a business, the person who accepts or signs these terms and conditions on behalf of the business represents that they are authorised to enter into this Agreement on behalf of the business.
This Agreement starts when your application to open your account has been assessed through our credit application process and is approved by us. We will notify you when this occurs and begin to charge tolls to your account from that time.
You must give us the details (including the Purpose of Use, if required) of each vehicle that you want to link to your account. We will then link those vehicles to your account. You may have multiple linked vehicles on your account.
By linking a vehicle to your account, you confirm that you are the registered vehicle owner or that you have the permission of the registered vehicle owner to link the vehicle to your account. For all linked vehicles, you agree that you also consent, or have the consent of the registered vehicle owner, to us disclosing information to you about that vehicle’s use of TQ tolled roads or compatible roads.
For each vehicle that is linked to your account, you must inform us whether you want a tag for that linked vehicle. You may also choose not to have a tag. In this case, if a linked vehicle travels on TQ tolled roads or compatible roads and a tag is not detected, a video matching fee will be payable for each toll point on that trip in addition to the tolls. Also see section 6.1.
|Provided your account is not suspended, you may add or remove linked vehicles on your account or request an additional tag. At any time, you may report a tag lost or stolen, or return a tag to us. When a tag is returned to us it will be removed from your account.|
If you lose a tag and notify us of the lost tag, we will mark it lost so that you will not continue to be charged. We will also charge the tag non-return fee and will refund the fee if the tag is found again. The tag will not be removed from the account unless requested by you, or upon closure of the account.
You must ensure that all the details on your account are correct at all times (including after a Registration Event).
In particular, you must ensure that the details of the linked vehicles on your account are correct. If the details for your linked vehicles recorded on our system are wrong, then you are responsible for updating those details either by:
If you sell or transfer a linked vehicle, you are also responsible for removing any tag installed in that linked vehicle. You remain responsible for all tolls, fees and charges incurred by that linked vehicle or tag, until you request it to be removed from your account.
After a Registration Event, if you do not update the details on your account, it may result in higher tolls being charged to your account, determined in accordance with section 4.1.
If we don’t have the correct details for a linked vehicle (especially the licence plate details), then we may not be able to identify the vehicle as linked to your account when it travels on TQ tolled roads or compatible roads, and we will not be able to charge your account. If this occurs, unless an arrangement to pay that toll is made within three days of travel on TQ tolled roads, then the registered owner of the vehicle will receive a toll invoice from us (including a video matching fee and a toll invoice fee).
You must also ensure that all payments you make to us correctly identify you and your account.
If you make payments to us without correctly identifying yourself and the account the money is to be applied against, we will retain those funds in an unidentified monies account for a period of at least six months. If you do not contact us and properly identify your funds within that six month period, we may retain those funds and are not obliged to return them to you.
You should record your account number and make sure you remember (and keep secure) your login details to access your account electronically at linkt.com.au/brisbane.
If you call us about your account, we will confirm your identity (and your authorisation to access the account) by asking you some questions.
You may view and download electronic statements, which are your monthly invoices, by logging onto your account. Your statement shows all tolls, fees and charges that were processed to your account during the statement period.
You can access, free of charge, your previous statements online for the last 18 months.
You may ask us to mail or email you a copy of your statement. We will charge you a requested statement fee for each statement we provide to you at your request.
You can view your account balance by logging onto your account. You can also ask for your balance by calling our Customer Contact Centre.
For travel on TQ tolled roads we will charge tolls based on the class of vehicle, for each toll point that the vehicle passes. The class of a vehicle depends on the type of vehicle and its Purpose of Use (which will be either commercial (business) or private use, as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered). We may contact the relevant road authority in the State that any linked vehicle is registered to confirm the class and Purpose of Use of your vehicle.
For travel on roads for which we provide tolling services on behalf of the State, tolls will be determined by the State.
For travel on other compatible roads, tolls, fees and charges will be determined by the operator of the compatible road.
See section 6.1 for more details.
A linked vehicle may be associated with more than one valid tolling product (e.g. an account and a Road Pass) when it travels on TQ tolled roads or a compatible road. We apply the tolls, fees and charges in this order:
If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged.
If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged.
After the end of each invoice period, we will send you an invoice, which shows the tolls, fees and charges for that month which you must pay by the due date on the invoice. The first invoice period will, by default, be one month from the account opening date. You can request a different invoice date by contacting us, subject to our approval.
You may pay the invoice using:
If you make a payment using a cheque, and that cheque is dishonoured, we may charge a dishonour fee to your account.
If you don't pay a monthly invoice on time, then that invoice will be overdue and the following will apply:
If you have requested an automatic direct debit payment option, you agree to the additional terms set out in the application form for direct debit payments. If you have authorised us to direct debit the tolls, fees and charges of each monthly invoice from a bank account or credit card, we will charge your account or credit card on the due date of the invoice.
If you have authorised payment by direct debit from a bank account or credit card and that direct debit is unsuccessful, then:
See section 4.4 for what will happen if an invoice becomes overdue as a result of a direct debit failure.
Where you pay your monthly invoice by an accepted credit or debit card, you may be charged a Payment Card Surcharge on the amount paid. This amount is a pass through from our financial institution and is limited to the amount imposed on us by our financial institution to process your payment. Current Payment Card Surcharge Fees are available at linkt.com.au/brisbane.
You can avoid the Payment Card Surcharge by switching to a direct debit payment from your nominated bank account. No charges (other than dishonour fees) will be imposed in relation to payments made by direct debit from your nominated bank account. See section 4.5.
We may set off or deduct from any positive account balance or positive pass balance which you have with us, any amounts due, or which may become due, to us from you at any time and for any reason whatsoever.
If we incorrectly charge a toll or a fee to your account for a trip on TQ tolled roads, we will refund that toll or fee to you within a reasonable time after:
A toll or fee is not incorrectly charged by us if we charge you in accordance with section 4.1.
It is your responsibility to update your details in accordance with section 3.6.
Each tag we provide to you remains the property of Transurban Queensland.
We may ask you to return a tag at any time. All tags must be returned prior to closure of your account (see 8.3 (a)).
If you do not return a tag within seven business days of being requested to do so, you may be charged a tag non-return fee. This fee will also apply if the tag is returned to us and it is damaged or cannot be re-used, other than as a result of normal wear and tear.
We send messages about your account through beeps from the tag. The beeps will be heard when a tag correctly installed passes through a toll point on one of TQ tolled roads. It’s important for you to understand what the beeps mean so you can effectively manage your account.
|Beeps||What it means||Your action|
|1 beep||We have successfully charged the toll to your account.||None.|
|4 beeps||Your monthly invoice is now overdue. Your account may be suspended or cancelled.||Contact us immediately. Also see section 4.4.|
|No beep||The tag may be faulty or incorrectly installed.||
Check the tag placement in your vehicle. If the tag is not installed as per our instructions (see section 5.3), please install it correctly and see if this corrects the problem. If it does not, or you have any questions, please contact us.
Please refer to section 6 regarding fees associated with travel where a tag is not detected.
|We do not operate the compatible roads, and therefore any beeps heard or not heard when travelling on a compatible road may not be consistent with the meanings set out above.|
If we provide you with a tag you must:
If a tag is lost or stolen, you must:
From when you notify us that a tag is lost or stolen, we won't hold you responsible for any tolls, fees or charges that might result from someone else using that tag. However, we may charge a tag non-return fee to your account. We will send you a replacement tag if you ask us.
If a tag is damaged, you must return it to us. When you return a tag that is damaged or cannot be reused, other than as a result of normal wear and tear, section 5.1 will apply. If a tag is destroyed, then you must:
Motorcycles are not required to carry a tag. We will not charge a video matching fee if a motorcycle is linked to your account and travels on TQ tolled roads. However, operators of compatible roads may charge a video matching fee if the motorcycle travels on a compatible road.
If you carry more than one tag in a linked vehicle, we will do our best to only charge the relevant toll once when that linked vehicle passes through a toll point. However, we are not obliged to refund your account for multiple toll charges.
If we detect a tag which is linked to your account on TQ tolled roads, we will charge the relevant tolls and fees for the linked vehicle associated with that tag to your account.
If we don’t detect a tag when a linked vehicle travels on TQ tolled roads (eg, if a tag was not requested for that linked vehicle, the tag is not in the linked vehicle or the tag has not been correctly installed) we will charge these tolls and fees to your account:
However, we won't charge a video matching fee if:
|If we charge a video matching fee, but you contact us and we confirm that there was a tag correctly installed at the time of travel, we will refund the video matching fee.|
The tolls, fees and charges that apply to TQ tolled roads and toll products may change from time to time. The toll amount depends on the class of the vehicle that travels on TQ tolled roads. We may offer discounts, promotions and other special offers from time to time. These offers are subject to change and may be altered or discontinued at our discretion.
To find out the current tolls, fees and charges, you can:
If we need to pay a refund to you under this Agreement, we may pay it to the card or bank account, which you used to make the original transaction.
If you request closure of your account under section 8.2, we will refund you in accordance with section 8.3 (c).
We have an agreement with certain operators of compatible roads to charge your account with the relevant tolls, fees and charges that apply for use of those compatible roads when a tag or a linked vehicle is detected on those compatible roads.
When a tag or a linked vehicle is detected on a compatible road, the operator may notify us of the tolls, fees and charges that apply to that trip. Additional fees and charges may apply if you do not have a tag or it is incorrectly installed or faulty.
If your account has no overdue invoices, we pay the operator on your behalf and charge the relevant tolls, fees and charges to your account as soon as we have received all the relevant information related to your trip.
However, if your account has overdue invoices, if the operator is unable to identify your linked vehicle, or if your account is suspended then:
If you have a query about tolls, fees or charges applied to your account as a result of use of a compatible road, you should contact the operator of that compatible road.
Apart from any obligations we may have under the Australian Consumer Law, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to any loss or damage you suffer as a result of:
If at any time an invoice on your account is overdue, we may suspend your account. We will try to notify you via the contact details you have provided to us if your account is at risk of being suspended and again when your account is actually suspended. We will reinstate your account once you pay all overdue invoices.
We may also suspend your account if you breach this Agreement, or as set out in section 8.3(e). In these circumstances, we will notify you when your account is reinstated. Alternatively, your account may be closed in accordance with section 8.2 or section 8.3(e).
A suspension of your account means that your rights under this Agreement are temporarily suspended.
While your account is suspended you will need to make another arrangement for travel on TQ tolled roads or compatible roads. If your overdue invoices have not been paid or another arrangement has not been made within three days of any travel on TQ tolled roads, then we will send the registered owner of the vehicle a toll invoice in respect of that trip (including a toll invoice fee and video matching fee).
Also see section 7.2 in relation to travel on compatible roads.
|Reason||What it means|
|An invoice is overdue||
We may close your account if you do not pay an invoice on time (after your account has previously been suspended and we have made reasonable attempts to contact you to pay the invoice).
Before closing your account, we will notify you by the contact details you have provided to us that the invoice is overdue and requires payment. If you do not pay all overdue invoices within the timeframe set out in our notice to you, then we may close your account and we may attempt to recover the debt from you through a debt collection agency.
|You ask us to close your account||
At any time, you may ask us to close your account by:
|Your account is inactive||
We may close your account if no tolls, fees or charges have been charged to your account for a period of two years or more. Before closing your account, we will notify you that we are considering closing your account for this reason.
We may agree to keep your account open at your request. If we are unable to contact you, or you do not respond to our notice, then we will proceed to close your account.
|You no longer satisfy the requirements for this account type||We may close your account if we consider that you no longer satisfy the requirements as set out in section 3.1 for this account type.|
|Your account is being used for fraudulent purposes||As set out in clause 8.3(e).|
|Breach of this Agreement||We may close your account if you breach this Agreement.|
You must return any tags prior to requesting your account to be closed. If you are unable to return tags because they are lost or stolen, or if your tag is damaged, you must notify us when you request that your account is closed and we may charge a tag non-return fee to your account for each tag. We will close your account once outstanding fees have been paid.
Before we close your account we may transfer any positive balance on this account to any other accounts or passes you may have with us to partially or entirely clear their negative balances, or we may transfer the positive balance of any other accounts or passes you may have with us to this account to partially or entirely clear any negative balance on this account. If we do this, we will try to notify you via the contact details you have provided to us.
If your account has a positive balance (after any outstanding tolls, fees and charges have been applied and after we have exercised any rights to transfer that balance to any of your other accounts or passes), then approximately 30 days after we close it we will pay the balance as follows (and in this order):
If your account has a negative balance (after any outstanding tolls, fees and charges have been applied) we will issue you with a final invoice and you must pay that invoice by its due date.
If you have set up an automatic direct debit from a bank account or credit card linked to your account, we will debit your payment arrangement and send a final invoice stating that no funds are owing on the account.
We will close your account after the final payment is made.
If you don't pay the outstanding balance by the due date of our invoice, or your automatic payment fails, we may attempt to recover the debt from you through a debt collection agency.
We may suspend or close your account if we reasonably believe your account or any card linked to your account or use of your account:
We may suspend or close your account if you do not cooperate with any investigation in relation to your account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if you refuse to confirm your identity in response to a request made by us in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.
For the purposes of this Agreement, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity, which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.
We hold electronic or other records about you and each of your tolling products. Those records include the following details:
You agree that we can collect, use and disclose your personal information:
You authorise and agree for us to release your personal information to a compatible road operator for these reasons:
You should contact us about your account or this Agreement if you:
You may contact us by using any of the methods set out in section 16.
Once you contact us, a customer service contact officer will respond to you as soon as possible.
If you're not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team.
If you are still dissatisfied with the outcome, you can contact the Tolling Customer Ombudsman. To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009.
Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland's full internal complaint resolution process and is still not resolved.
How we may tell you about changes
We may change any of the terms of this Agreement by publishing the changes or a new agreement at linkt.com.au/brisbane. We will also try to notify you beforehand via the contact details you have provided to us. A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication.
If you are not satisfied with any changes to the terms of this Agreement, you can close your account (see section 8).
We may assign this Agreement to another company by providing 30 days' notice to you at any time.
We will notify you via the email address or the postal address you have provided to us.
We may terminate this Agreement by providing 30 days’ notice to you at any time. We will notify you via the email address or the postal address you have provided to us. Upon termination, the account will be closed within seven days, and the account closure provisions at section 8.3 will apply.
You may have rights as a consumer under the Australian Consumer Law.
Nothing in these terms limits or excludes our liability:
|If we find that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that overpaid toll or fee to you. Our liability to you in relation to a tag will be limited to replacing that tag.|
You acknowledge and agree that:
From time to time, maintenance or other work may need to be completed on TQ tolled roads or a compatible road. That work may disrupt traffic flows on those roads. We will try to minimise these disruptions.
Except as set out in section 14.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to:
You may not assign this Agreement to any person.
This Agreement is governed by the law of Queensland.
If any part of this Agreement is void, unenforceable or illegal that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
Where we provide tolling services for the State of Queensland in respect of a road, we are not the operator or manager of that road.
Australian Consumer Law
The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
The class of vehicle is defined in Queensland, Queensland Government Gazette, No 73, 31 March 2011 and listed at linkt.com.au/brisbane. The class is used to determine the applicable toll charge for that vehicle.
A road, access point or facility that is not a TQ tolled road operated and managed by TQ, but where we have an agreement with the operator of that compatible road, access point or facility to charge some of our products (including the Commercial account) with the relevant tolls, fees and charges when a tag or a linked vehicle is detected on that road or at that access point or facility. Visit linkt.com.au/brisbane for a list of compatible roads for your account.
The balance of the account is below $0.
Our, us, we, Transurban Queensland or TQ
Queensland Motorways Management Pty Ltd ACN 010 630 921.
Payment Card Surcharge
This is the amount determined in accordance with section 4.6 that we may add to a payment to your account, when you make a payment by an accepted credit card or debit card.
The balance of the account is above $0.
Purpose of Use
The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered.
An event which requires you to update your account details, such as a change in your vehicle’s Purpose of Use, a transfer of a vehicle's licence plate to a different vehicle, and a change in your vehicle’s ownership.
Participating retailers as outlined at linkt.com.au/brisbane.
Transurban Queensland Group
Queensland Motorways Holdings Pty Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
An electronic device provided by us for use in a vehicle.
A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee.
A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld) and 'linked vehicle' means a vehicle linked to your account.
The individual or business identified in the application as the account holder.
You may contact us through any of these ways:
Any demand or notice under any agreement you have with us (a TQ notice) will be served on you if:
We may serve court documents on you in the same way.
You agree to receive TQ notices in relation to this Agreement or your use of TQ tolled roads (including during suspension of your account, or following termination of this Agreement) electronically. We will send those TQ notices to the address or number you last provided to us. Any TQ notice which is sent to you electronically will be deemed to have been received by you at the time at which it has been transmitted from our server or the service used by us to transmit the message. For the avoidance of doubt, to the extent the provisions in this section are inconsistent with the requirements for the service of notices and documents issued pursuant to any legislation (e.g. the Transport Infrastructure Act 1994 (Qld)), the legislative requirements prevail.