LinktGO Customer Service Agreement

Applies to app versions 3.3.0 and above. Last updated on 1 November 2023.

Jump to:

1. Your agreement with Us
2. Use and disclosure of Your information
3. Use of the app
4. Linking Your App Vehicle to the App
5. How LinktGO Works
6. You are responsible for Trips taken by Your App Vehicle
7. Statements
8. How do I pay?
9. Reconciliation of payments made via the App
10. Failure to make payment
11. When You should contact us
12. Questions, complaints and disputes
13. Your responsibilities
14. Licence to use the App and intellectual property
15. Changing the agreement
16. Termination
17. Suspension or Cancellation of the Linkt Registration
18. When this agreement ends
19. Liability
20. Notices
21. Online Services
22. Terms and Conditions of Apple and Google
23. Linkt Website Terms of Use
24. General
25. Interpretation
26. Definitions
27. Amounts, Fees and Charges

1. Your agreement with Us

This agreement begins once You have verified Your phone number in the LinktGO App (App).

By using this App You are opening a “Sydney Pass” with a LinktGO payment option on the terms of this agreement.

The App is provided by Tollaust Pty Ltd ABN 37 050 538 693 (We or Us), under the brand, Linkt.

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

2. 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 use of the App 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.

3. Use of the app

You can use the App anytime from when You download the App until anytime You choose to cease using the App or We elect to terminate this agreement (and Your use of the App and the Services) in accordance with clause 16.

If You no longer want to use the App, You must deregister Your details via the App.

If You wish to continue travelling on Eligible Toll Roads after deregistering Your details in the App, You must arrange other payment methods for any Trips that You undertake on Eligible Toll Roads. If You do not have an alternative payment or travel arrangement in place for Trips taken on Eligible Toll Roads, You may commit an offence and receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

You must only use the App on a smartphone capable of accessing the Google Play Store or the Apple iTunes Store and/or App Store to install apps.

We provide You with support for the App and Services at Our sole discretion. We reserve the right to stop providing or supporting the App or the Services at any time.

4. Linking Your App Vehicle to the App

A limit of three (3) nominated vehicles (each an App Vehicle) may be linked to the App at any time.

If You use the App for a trailer or caravan You will need to register this separately as a car (in addition to registering Your towing vehicle). If You use the App for a trailer, caravan, a light commercial vehicle or heavy commercial vehicle, the amount paid for a Trip via the App may not be the same as the Tolls, Fees and charges for the Trip as reconciled against the records of the relevant Eligible Toll Road operator, in which case We will send You an adjustment amount through the App in accordance with clause 9.

In order to access and use the services provided by this App (Services) and before using Eligible Toll Roads, You will need to:

have:
1. an Android smartphone and a Google account; or
2. an Apple smartphone and an Apple ID that is linked to an iTunes account; and
provide Us with certain identifying information including:
1. Your first name;
2. Your surname;
3. Your mobile number;
4. the Registration Number and Class of Your App Vehicle; and
5. a valid payment method supported by the App.

If You choose to pay via credit card, Your credit card details will be stored, linked to Your App Vehicle(s) and charged in accordance with this agreement and in accordance with the terms and conditions of the payment method You have used.

If You choose to pay via PayPal, You must also comply with the PayPal Terms & Conditions. Your PayPal details will be linked to Your App vehicle(s) and will be stored and charged in accordance with the PayPal Terms & Conditions and this agreement.

The App Vehicle(s) will be placed on the Linkt Register when You provide Us with all the information We need as described above. Linkt Registration only takes effect when Your vehicle is recorded as registered on the Linkt Register by Us.

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

Failure to provide the correct information stated above, including valid and current payment details, may be dealt with in accordance with clause 10 of this agreement.

If You have given Us incorrect information about the Class of the App Vehicle 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.

Your App Vehicle must have Number Plates that conform to regulations

Your App Vehicle(s) 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 must 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 App Vehicle; and
You may be issued with a Toll Notice or 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.

5. How LinktGO Works

The App uses Your real time geo-location to detect Trips taken on Eligible Toll Roads.

When You switch on the "real time tracking" button in the App (including via the App widget) You are allowing Us to capture Your location even when the App is operating in the background. The App uses Your smartphone's location services functionality to determine when You have travelled on an Eligible Toll Road. We will not keep records of Your smartphone's geo-location except when Your smartphone is in the vicinity of an Eligible Toll Road.

By clicking the “real time tracking” button in the App, You consent to the use of Your smartphone's location services functionality to determine the geographical location of Your smartphone and You must ensure that any person in the lawful possession of Your smartphone is aware that the App uses Your device's location services functionality to determine the geographical location of Your smartphone. You can turn off real time tracking in the App or in Your phone settings.

In some instances the App may not be able to detect Your location in real time, (for example, the real time tracking switch wasn’t turned on, the location services on Your phone is not enabled, the location permission is not enabled for the App, Your phone battery runs flat, or due to bad weather). If the App fails to detect Trips but Your App Vehicle’s Registration Number is detected at an Electronic Toll Point or on an Eligible Toll Road, We will charge the applicable Tolls and Fees for the Trip as a Delayed Detection Trip in accordance with clause 8.

You will need to use Your mobile number to access and use the App. From time to time We will send an SMS to Your mobile number so You can verify Your mobile number. Failure to respond to the verification SMS within the required timeframe may result in Your access to the App being suspended and Your App Vehicles being removed from the Linkt Register. If Trips are made by vehicles that are removed from the Linkt Register and without any other tolling arrangement, 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.

6. You are responsible for Trips taken by Your App Vehicle

By linking Your App Vehicle to the App, You accept responsibility for payment of the applicable Tolls, Fees and charges for all Trips made by that App Vehicle on Eligible Toll Roads, even if you're not in the vehicle.

If You sell Your App Vehicle, return it if it is a hire car or no longer wish to accept responsibility for paying its Tolls, You need to ensure You deregister it from the App.

7. How tolling works

The App uses Your real time geo-location to detect Trips taken on Eligible Toll Roads. If the App fails to detect Your Trip, Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying Your App Vehicle's Registration Number.

When Trips are made on Eligible Toll Roads using Your App 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 You the applicable Tolls and Fees for that Trip.

On completion of Your Trip, We will send You a Trip notification and the applicable Tolls and Fees for that Trip via the App. The amount charged may be adjusted in accordance with the reconciliation process set out in clause 9 below.

How will You be charged?

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

We will charge Tolls and any applicable Fees to Your App:

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

Service Fee

You will be charged a Service Fee for each Trip made by Your App Vehicle on an Eligible Toll Road.

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 App up to the Trip Cap.

Backdating

When adding an App Vehicle to the App, You can cover recent Trips made with Your App Vehicle by selecting a date:

up to 3 days ago on the Sydney Harbour Bridge and Tunnel (NSW) and Eastlink (VIC); and
up to 5 days ago on all other toll roads in Australia.

Learn more about covering past Trips here.

Multiple Accounts

If You have another toll road account (Different Account), We recommend that You deregister any App Vehicle from Your Different Account before making a Trip.

If You make a Trip in Your App Vehicle while it is registered to a Different Account, You may also be charged the relevant Tolls, Fees and charges to Your Different Account. Please refer to clause 9 for further details on what will happen if Your Different Account is also charged.

8. How do I pay?

On completion of Your Trip, We will send You a Trip notification and the applicable Tolls and Fees for that Trip via the App.

Payments are made using your chosen default payment method in the App. You can change your default payment method at any time.

We will charge your default payment method:

when you agree to make payment for a Trip via the App using that payment method; or
if You fail to make payment within 2 days from the notification of Your Trip, the payment becomes overdue and We will automatically take payment from that payment method, in accordance with this agreement. If Your payment fails, We will continue to charge Your default payment method for the applicable overdue Tolls, Fees and charges until such time payment is made.

All payments are made when they are credited successfully to our Bank account.

The total amount charged for Your Trip may be adjusted by Us in accordance with clause 9 when the Trip identified by the App is reconciled against the records of the relevant Eligible Toll Road operator.

Delayed Detection Trips

An Eligible Toll Road operator may notify Us of a Trip taken by Your App Vehicle that wasn't previously identified by the App (Delayed Detection Trip). If so, We will notify You of that Delayed Detection Trip via the App, or by sending You an SMS. We will never send a link via SMS requesting payment for Trips.

9. Reconciliation of payments made via the App

We may adjust the applicable Tolls and Fees charged for Your Trip when We have reconciled the Trip against the records of the relevant Eligible Toll Road operator.

If the amount paid for a Trip (other than the Fee) is:

greater than the Tolls, Fees and charges for the Trip as reconciled against the records of the relevant Eligible Toll Road operator, We will refund the difference to Your default payment method; or
less than the Tolls, Fees and charges for the Trip as reconciled against the records of the relevant Eligible Toll Road operator, We will send You a request for payment of the remainder of the correct amount via the App and You can make payment in accordance with clause 8(a) and (b).

We will also refund an amount You paid for a Trip via the App where:

You pay for a Trip using the App; and
the relevant Tolls, Fees and charges are also charged to Your Different Account.

This process can take up to five weeks.

Please note that if You choose to use PayPal as Your payment method, PayPal’s Terms & Conditions may also apply to disputes and requests for refunds.

Please note that if You choose to use a credit card as Your payment method, any disputes and requests for refunds may also be made in accordance with the terms and conditions of the payment method that was used.

10. Failure to make payment

We may, at any time, automatically charge Your default payment method for overdue Tolls, Fees and charges.

Failure to make a payment to Us due under this agreement may result in Your access to the App being suspended, or We may suspend or cancel the Linkt Registration of Your App Vehicle(s).

If Your App Vehicle is detected on any Eligible Toll Road when Your access to the App is suspended, or after the 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. 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.

11. When you should contact us

You should contact us as soon as possible when:

Your App Vehicle or Number Plate on Your App Vehicle is lost or stolen; or
you become aware of anything that may or will affect any payment under this agreement.
You become aware of anything that may or will affect any payment under this agreement.

If You do not make contact when required

To avoid having Your access to the App suspended, or Your App Vehicle removed from the Linkt Register due to payment failures, please contact Us via the 'Help centre' on the App as soon as You become aware of anything that may or will affect a payment under this agreement.

If Your App Vehicle or Number Plate is stolen

If Your App Vehicle or number plate is stolen, You should not agree to make a payment for that vehicle on the App and You should notify both Us and the police immediately.

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

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

We will resume charging Tolls to Your App when You notify us, or We become aware, that You have recovered the stolen App 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 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 agent 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):

refund Your default payment method for all or part of the disputed amount; or
make other arrangements reasonably necessary to allow for the continued operation of the App, until the dispute is resolved.

Please note that if You choose to use PayPal as Your payment method, PayPal’s Terms & Conditions may also apply to disputes and requests for refunds.

13. Your responsibilities

You are responsible for all activity and use of the App, including making all appropriate updates to the App when prompted to do so. You must comply with all applicable laws and regulations when using the App, which includes not using the App while driving or using the App to engage in any illegal conduct or activity.

You are solely responsible for any data or network charges incurred when using the App.

You must not tamper with, modify, reverse engineer, disassemble or decompile the whole or any part of the App or make unauthorised copies of the App, or any part of the App, for any purpose.

14. Licence to use the App and intellectual property

Subject to Your compliance with this agreement, We grant to You a revocable, non-exclusive, non-transferable, royalty-free licence to use the App in the manner permitted by this agreement. You agree that:

the unencumbered ownership of all intellectual property associated with the App and the Services (including data generated using the App or the Services) (Developed IP) vests in Us on creation and, to the extent applicable, You assign the unencumbered legal and beneficial ownership of all Developed IP to us;
nothing in this agreement or Your use of the App and/or Services grants or transfers any rights, title or interest to You in relation to the App, the Services (including data generated using the App or the Services); and
Your licence to use the App applies to:
1. an Android smartphone that You own or control, in the manner permitted by this agreement and the Google Play Store Terms of Service; or
2. an Apple smartphone that You own or control, in the manner permitted by this agreement and the Apple Media Services Terms and Conditions.

15. Changing the agreement

We may change the terms of this agreement by publishing the changes or a new agreement on the App and 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 may choose to cease using the App at any time.

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

You accept the revised terms when You continue to use the App after a change to this agreement has been made.

16. Termination

The terms of this agreement are effective until terminated. We can terminate this agreement at any time by providing reasonable prior notice to You. We can also limit, suspend, terminate, modify or delete Your access to the App and the Services by providing reasonable prior notice to You if You are, or We suspect that You are, failing to comply with the terms, or otherwise in accordance with this agreement. If this agreement or Your access to the App are terminated, Your Linkt Registration will cease. If You do not have an alternative payment or travel arrangement in place for Trips taken on Eligible Toll Roads, You may commit an offence and receive a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

We provide You with support for the App and Services at Our sole discretion. We reserve the right to stop providing or supporting the App or the Services at any time by providing reasonable prior notice to You.

17. Suspension or Cancellation of the Linkt Registration

If Trips are made by vehicles while Your access to the App is suspended or that are 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 and receive a Toll Notice, or if the Toll Notice remains unpaid, an Infringement Notice.

The Linkt Registration of Your App 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 Your App Vehicle if:

We are required to do so by law;
if You fail to make a payment under this agreement;
Your App Vehicle does not have Number Plates that conform to the relevant regulations of the relevant registration authority (e.g. TfNSW);
Your App Vehicle is registered as the incorrect Class; or
We reasonably consider suspension or cancellation of the Linkt Registration of Your App 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 Your access to the App, or to cancel the Linkt Registration of Your App 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.

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 Your access to the App is suspended, or after the Linkt Registration of Your App 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 App Vehicle has been suspended, making any payment required under this agreement;
if the Linkt Registration of Your App Vehicle has been cancelled, setting up a new pass or opening a new account with 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.

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 Your being issued with a Toll Notice or, if the Toll Notice remains unpaid, an Infringement Notice.

If the Linkt Registration of Your App Vehicle linked to the App is cancelled, then within five Business Days of receiving notice of that cancellation, You must pay any amount You owe Us.

18. When this agreement ends

Your use of the App will expire on the date and time when You elect to deregister Your account or the date when this agreement is terminated in accordance with clause 16 (Expiry Date).

If You deregister Your account via the options in the App or where Your previously registered App Vehicle has been suspended or cancelled from the Linkt Register, Your access to the App will end and Your App Vehicles will no longer be registered for travel on Eligible Toll Roads.

We may revoke Your licence to use the App in accordance with clause 14 on the Expiry Date.

This agreement ends on the Expiry 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.

19. 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 ,the App, 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.

20. Notices

Notices (including any written communications or statements) may be:

given to You personally;
left at or sent to Your address;
sent by an SMS message to the mobile phone number last notified to Us;
sent by email to the email address last notified to Us;
sent via the App; 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 App Vehicles which are linked to Your App.

Notices to Us may be:

sent or delivered to Us at Our address;
sent by email to Our email address; or
via the “Help Centre' in the App.

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, SMS or via the App, they are taken to be received on the day of sending.

For any general enquiries please contact Us.

21. 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, including the App, You are agreeing to be bound by Google's Terms of Service.

22. Terms and Conditions of Apple and Google

We are required to include this clause by Apple and Google.

This agreement is between You and Us. Neither Apple or Google has any obligation to provide any maintenance or support services with respect to the App.

By using the App You agree that Apple and/or Google and their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this agreement against You as a third party beneficiary to this agreement.

To the extent permitted by law and subject to this agreement, neither We, Apple or Google, will be responsible for addressing any claims instigated by You relating to the App, including, but not limited to:

product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, We will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

By using the App, You represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and
You are not listed on any U.S. Government list of prohibited or restricted parties.

23. Linkt Website Terms of Use

The following sections in the Website Terms of Use apply to Your use of the App.

section 3 headed "Software downloads";
section 4 headed "Trademarks, copyright and linking to this website";
section 5 headed "Unacceptable activity";
section 6 headed "Warranties";
section 7 headed "Liability and complying with laws"; and
section 10 headed "General".

Note that references to:

“Terms of Use” are replaced with the word “this agreement”;
the word ”website” are replaced with the word “App”; and
the word “browser” are replaced with the word “phone”.

24. General

This agreement is the entire agreement.

This agreement is the entire agreement about Your use of the App 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 or this agreement from being invalid, voidable or not enforceable in the circumstances.

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

Interest

You will not earn interest on any 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 App have consented to the linking of those vehicles to Your App 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.

25. 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.

26. Definitions

Account Balance: means the total of all Tolls, Fees, taxes and charges and any other amounts which You owe Us which is debited to Your Sydney Pass less any payments (and other amounts credited to Your Sydney Pass).
App Vehicle: means a vehicle You have added on the App and which is registered on the Linkt Register.
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. For more information on vehicle class, refer to Our website.
Developed IP: means all intellectual property associated with the App and the Services (including data generated using the App or the Services).
Different Account: means a toll road account set up other than in accordance with this Agreement.
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 the App to pay that Toll. Further details are available on the Linkt About Sydney toll roads page.
Expiry Date: has the meaning given in clause 18.
Fee: means any fee or other amount payable to Us by You when certain events occur, as set out in clause 27.
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, 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.
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.
Number Plate: means the physical plate which contains the vehicle’s Registration Number.
Privacy Policy: means the Transurban Privacy Policy.
Registration Number: means the combination of numbers, letters or numbers and letters, on the Number Plate of Your App Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. TfNSW).
Services: means the services provided by the App.
Sydney Pass: means Your account with us.
Transurban Credit Reporting Policy: means the Transurban Credit Reporting Policy.
Toll Administration Fee: has the meaning given in clause 27.
Toll Notice: is a request for payment (or further 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.
Tolling Customer Ombudsman: means the ombudsman for the tolling industry. The contact details for the Tolling Customer Ombudsman are available on the Linkt complaints page.
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 You will be charged for each Trip. The Trip Cap is determined by the relevant Eligible Toll Road operator.
Tolls: are the amount payable for travel on Eligible Toll Roads.
You/Your: means you, the customer, who has opened the Sydney Pass with Us and Your properly authorised agents.

27. 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).

Service Fee	We will charge You the Service Fee for each Trip that each App Vehicle is detected as having taken on any Eligible Toll Road.	$0.95 per Trip for Trips on Eligible Toll Roads.
Toll Administration Fee	An amount that may be payment payable in relation to a Toll Notice.	For details please refer to our website.

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