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Last updated: 9 December 2019
1. About us
2. This agreement
3. Your Pass
4. Paying for your tolls
5. Using TQ Tolled roads
6. Travelling on compatible roads
7. Suspending and cancelling your pass
9. Enquiries, complaints and disputes
10. Changes to this agreement
13. Contact us
14. Notices and other documents
This Agreement covers your Road Pass which we refer to as 'your pass'. It outlines your rights and obligations to us and our rights and obligations to you about your pass, and each vehicle which is linked to that pass, which we refer to as 'linked vehicles'.
You can apply for a pass by:
|If...||Your application is accepted...|
|You apply online||When you accept this Agreement electronically at linkt.com.au/brisbane.|
|You apply over the phone||When you verbally accept this Agreement|
You can nominate a date for your pass to start and end. You can select a start date that is up to three days before your application is accepted and an end date that is up to 30 days after the start date. You agree that this Agreement will apply to you on and from the date that your pass starts, even if that date is in the past.
If you don't nominate a start date, then the pass starts when your application is accepted (the default start date) and ends 30 days later (the default end date).
Your pass ends by expiry (on the end date) or by cancellation. See section 7.2 for more details.
When your pass ends, it is no longer valid. If you need to continue to use TQ tolled roads, then you need to apply for a new pass or make another arrangement to pay each toll incurred within three days of travel.
If a linked vehicle travels on TQ tolled roads after your pass ends, and no arrangement to pay that toll is made within three days of that travel, then the registered owner of that linked vehicle will receive a toll invoice (including a toll invoice fee) from us.
You must give us the details (including the Purpose of Use, if required) of each vehicle that you want to link to your pass. We will then link those vehicles to your pass. You may have multiple linked vehicles on your pass. You need to make sure all details for each linked vehicle on your pass are correct at all times (eg, vehicle details and credit card details).
When you provide details of the linked vehicles, you agree that your pass will be charged for all tolls, fees and charges incurred by those linked vehicles while your pass remains valid, even if you are not the driver of the linked vehicle at the time the toll, fees and charges are incurred (except to the extent you have notified us that the linked vehicle has been stolen).
By linking a vehicle to your pass, 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 pass. 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.
You must ensure that all the details on your pass are correct at all times (including after a Registration Event).
In particular, you must ensure that the details of the linked vehicles on your pass are correct. If the details for your linked vehicles recorded on our system are wrong or change, then you are responsible for updating those details either by:
If we don't have the correct details for the linked vehicle (especially the licence plate details) and that vehicle travels on TQ tolled roads, then we will not be able to identify that vehicle as linked to your pass. If this occurs we will not be able to charge your pass, and you will need to apply for a new pass or make another arrangement to pay each toll incurred within three days of travel on TQ tolled roads.
After a Registration Event, if you do not update the details on your pass, it may result in higher tolls being charged to your pass, determined in accordance with section 4.1.
You need to register a username and password when you apply for a pass if you wish to access your pass online. You can access your details and your pass information by logging onto your pass using your username and password at linkt.com.au/brisbane.
You can use your username and password to access your details and your pass information at linkt.com.au/brisbane. Make sure you keep your login details secure.
If you have provided an email address, when your pass ends we will email you a copy of your statement which shows all transactions made on your pass since it started.
If you call us about your pass, we will confirm your identity by asking you some questions.
When you 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 5.1 for more details.
A linked vehicle may be associated with more than one valid tolling product (eg, an account and a Road Pass) when it travels on TQ tolled roads. 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.
When you apply for a pass, you must give us your credit card details so we can charge tolls, fees and charges to your pass.
We accept the following credit cards:
We will charge your credit card when charges are incurred on your pass. For the purposes of credit card authentication, when setting up your pass, we may charge $1.00 to your credit card which is added to your pass as credit. This is to ensure your credit card is valid at the time your pass is set up. If no travel is taken using your pass, then the $1.00 will be refunded to you approximately 21 days after your pass ends.
We may charge your credit card even after your pass ends to process tolls, fees and charges that applied to the linked vehicle while the pass was valid. The final payment for your pass may be processed up to 30 days after your pass expires.
If we can't successfully charge your credit card because your financial institution declines our payment request, then your pass will be suspended until payment is made.
If an outstanding amount remains unpaid, we may attempt to recover the debt from you through a debt collection agency.
If a linked vehicle travels on TQ tolled roads while your pass is suspended, and no arrangement to pay that toll is made within three days of that travel, then the registered owner of that linked vehicle may receive a toll invoice.
We may set off or deduct from any positive pass balance or positive account 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 fee to your pass 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.
When a linked vehicle travels on TQ tolled roads, and your pass is valid at the time of that travel, we charge your pass:
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 discounted 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 which you used to make the original transaction.
If you request closure of your pass under section 8.2, we will refund you in accordance with section 8.3(c).
No use of pass on compatible roads
Your pass can only be used on the TQ tolled roads listed on linkt.com.au/brisbane and not on most compatible roads. For clarity, your pass can be used on toll roads in relation to which we provide tolling services for the State of Queensland.
If at any time your financial institution declines our request to charge your credit card where payment is due, we may suspend your pass. We will notify you by the contact details provided to us if your payment fails and your pass is suspended. We will reinstate your pass once payment has been made. Alternatively, your pass may be cancelled in accordance with clause 7.2 or clause 7.4.
We may also suspend your pass if you breach this Agreement or as set out in clause 7.4. In these circumstances, we will notify you when your pass is reinstated. Alternatively, your pass may be cancelled in accordance with clause 7.2 or clause 7.4.
A suspension of your pass means that your rights under this Agreement are temporarily suspended.
While your pass is suspended you will need to make another arrangement for travel on TQ tolled roads or compatible roads. If another arrangement has not been made within three days of any travel on TQ tolled roads, then we may:
At any time, you may ask us to cancel your pass by calling our Customer Contact Centre.
We may cancel your pass if you breach this Agreement or as set out in clause 7.4.
You will be required to pay any outstanding amounts incurred when your pass was valid before you can cancel your pass.
When your pass is cancelled or expires, it is no longer valid and section 3.4 will apply.
We may suspend or close your pass if we reasonably believe your pass or any card linked to your pass or use of your pass:
We may suspend or cancel your pass if you do not cooperate with any investigation in relation to your pass 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 may contact us by using any of the methods set out in section 13.
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 cancel your pass at any time (see section 7).
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.|
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 11.1, 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 (but not the Road Pass) 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.
Our, us, we, Transurban Queensland or TQ
Queensland Motorways Management Pty Ltd ACN 010 630 921.
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.
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)).
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 pass.
The customer who applies for a pass under this Agreement.
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 (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.