Last updated: 19 July 2018
This service is provided by CityLink Melbourne Limited ABN 65 070 810 678 under the brand, Linkt. Linkt and Linkt Melbourne are trade marks of Transurban Limited used under licence by CityLink Melbourne Limited ABN 65 070 810 678.
This agreement details your rights and obligations for use of CityLink and EastLink.
The agreement begins when you accept the agreement by:
A Linkt Access account cannot be used for a Taxi.
You must do the following things before using CityLink or EastLink:
Linkt Registration only takes effect when your vehicle is actually recorded as registered on the Linkt Register. Although we may send you a letter to inform you about certain events which affect the Linkt Registration of your vehicle, you are responsible for making sure that the Linkt Registration of your vehicle or any vehicle that you drive on CityLink is not suspended or cancelled.
Please note: A Linkt Access account is only for use on CityLink and EastLink. It cannot be used on any other toll roads (e.g. NSW toll roads).
We will operate the CityLink electronic tolling system to detect vehicles that make Trips on CityLink by identifying the vehicle's Registration Number. We will charge the relevant CityLink Tolls and the Vehicle Matching Fee to your Account which may be based on your Linkt Registration or the observed Class of your vehicle.
You are also responsible for the Tolls or fees incurred by any vehicle that you drive on CityLink, whether or not it is a Nominated Vehicle.
Motorcycle Trips do not incur Vehicle Matching Fees on CityLink.
EastLink may operate electronic tolling systems on its toll roads to detect vehicles that make Trips on EastLink by identifying the vehicle's Registration Number. EastLink will send Trip data and the relevant Tolls to us so we can charge those Tolls (and any EastLink fees if applicable) to your Account. We will charge those amounts determined as payable by EastLink and we are not responsible for confirming the accuracy of that information.
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 (e.g. VicRoads). Vehicles other than Motorcycles must display both front and rear Number Plates. Motorcycles are required to display rear Number Plates. If you use CityLink or EastLink with a vehicle that does not comply with this section:
You should contact us as soon as possible when:
Your vehicle may be removed from the Linkt Register if you do not contact us as soon as you become aware of anything that may or will affect a payment under this agreement and rectify the problem.
We will not charge Tolls to your Account if you have notified both the police and us that:
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.
You will be charged Tolls for using CityLink which are set in line with the Act. CityLink Toll prices are available on our website or upon request. If you have given us incorrect information about the Class of your Nominated Vehicle(s) or other vehicle(s) you drive on CityLink we may charge you the applicable Tolls based on the vehicle's correct Class. You will be charged Tolls for using EastLink which are set by EastLink. Current Toll prices are available from EastLink. For each Trip that you make on CityLink or EastLink, we will only charge Tolls to your Account up to the Trip Cap.
We will charge a Toll to your Account when one or more of your Nominated Vehicles or the Number Plate of your Nominated Vehicle in a Toll Zone by us or on EastLink by the EastLink operator.
If your Nominated Vehicle is linked to another Account and your Nominated Vehicle is detected on CityLink, we may choose which Account will be charged with the Tolls from that Trip.
We will charge the Vehicle Matching Fee or the equivalent EastLink fee to your Account for each Trip that your Nominated Vehicle or the Number Plate of your Nominated Vehicle is detected using CityLink or EastLink.
Motorcycle Trips do not incur Vehicle Matching Fees on CityLink.
We will charge Tolls and Vehicle Matching Fees to 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.
If a person uses CityLink in a vehicle linked to your Account which is of a different Class from that registered, we may debit the appropriate Tolls and applicable fees to your Account. It is your responsibility to confirm that your vehicle is registered in the correct Class at all times.
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.
We may apply any outstanding fees, Tolls or charges in relation to this Account to any other Linkt account you may have.
If you have an outstanding Account Balance from another Linkt account, we may credit or debit that amount to this Account.
If you receive a Toll Invoice you agree to pay any applicable Toll Administration Fee(s).
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.
We may debit the relevant Tolls and fees charged by EastLink from your Account when your Nominated Vehicle is detected on EastLink.
All copies of your statements can be accessed by logging in to your account.
You can choose to have the following statements:
|Monthly Detailed||Detailed Statement Fee|
|One-off requests||One-off Detailed Statement Fee|
You must pay your Monthly Payment on each Monthly Payment Date. Your Monthly Payment must be paid by Automatic Payment.
You must keep your Account Balance below $5,000 at all times. If your account balance is $5,000 or above, we will report your details to AUSTRAC in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
Payments are treated as made when we receive them.
We will receive your Automatic Payment when it is credited successfully to our Bank account.
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. If a payment is not made successfully, we may debit the Dishonour Fee to your Account unless the unsuccessful payment is our or our Bank's fault.
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 you have a dispute or wish to make a complaint about the Linkt Registration of your vehicle 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 TCO 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. You agree that if you wish to dispute anything in a Statement you will notify us within 90 days of the date of the Statement, after which no claim or dispute can be raised.
Where you dispute your Account Balance, we may (at our discretion):
We may change this agreement (including any amount, fee or deposit) by:
We may assign this agreement to another entity responsible for levying Tolls on CityLink in the same way.
Changes to this agreement or assignment of this agreement will apply from the date which is the later of:
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 Invoice or if the Toll Invoice 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 if:
If we have suspended or cancelled the Linkt Registration of your vehicle, we will send a notice to your Nominated Contact Address or call your Contact Telephone Number. You agree that these are reasonable methods of notice for us to use and consent to disclosure of your personal information relating to your Account at your Contact Telephone Number for registration purposes.
We may also notify you of suspension or cancellation by giving notice in any other way allowed under this contract or the Act.
If you do not re-register your vehicle with us or do not make alternative arrangements to pay Tolls through the EastLink operator and your vehicle is detected on CityLink or EastLink after its Linkt Registration has been suspended or cancelled, the driver of that vehicle may commit an offence and receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.
We will only investigate a Toll Invoice issued by us once you have re-registered your vehicle with us. You may end this agreement at any time by giving us notice that you want to close your Account. We will then provide you with notice that the Linkt Registration of the Nominated Vehicles linked to your account is cancelled.
If the Linkt Registration of all Nominated Vehicles linked to your Account is cancelled, then within 21 days of receiving notice of that cancellation, you must pay any debit Account Balance and any other amount you owe us.
We will refund any Remaining Account Balance within 10 Business Days after you have met the above requirements.
We will cancel the Linkt Registration of your Nominated Vehicle if you ask us to do so.
This agreement will end 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 which arose at or before the end or cancellation of this agreement.
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 CityLink or EastLink or anything else in connection with this agreement.
This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.
Where liability cannot be excluded, any liability incurred by us in relation to the use of CityLink or EastLink or this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
This agreement is the entire agreement about the Linkt Registration of your Nominated Vehicle, your Account and the other matters covered by this agreement. The only enforceable obligations and liabilities of you and us about the subject matter are those arising out of the provisions of this agreement or at law.
This agreement replaces all previous representations, communications and agreements on the subject matter.
Notices (which include any written communications or statements) may be:
Notices take effect from the time they are received unless a later time is specified.
If notices are sent by a fax machine which prints a transmission report showing that the fax was fully sent, they are taken to be received at the time shown in a transmission report which shows that the whole fax was sent. 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 the next day after the date of sending.
For any general enquiries please contact us.
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.
You will not earn interest on any credit Account Balance or amount you pay us under this agreement.
Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because 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.
You represent and warrant to us that:
You consent to any information (including personal information) about your Account and any information you provide to us, being disclosed by us to credit reporting bodies or to debt collection agencies where you are in payment default as outlined in our Transurban Credit Reporting Policy.
We may use your personal information to research and develop new products and services, and conduct business planning. You consent to us disclosing any information otherwise required by law (legislation or court order).
You consent to us disclosing to Eligible Toll Road operators and VicRoads any information (including personal information) that is required for toll enforcement or collection.
If you provide us with your email address or mobile phone number, you consent to us using those contact details to send you traffic updates and other notices relevant to your use of CityLink and any other Eligible Toll Roads. You can ask not to receive such communications at any time.
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.
You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.
In this contract unless the contrary intention appears:
|Account||Your Linkt account including any Nominated Vehicles linked to the account.|
|Act||The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.|
|Account Balance||On the Monthly Payment Date, the total of all Tolls, fees, taxes, charges and other amounts which is debited to your Account since the last Monthly Date (or for the first Monthly Payment, since the Start Date) and any other amounts which you owe us since the last Monthly Date (or for the first Monthly Payment, since the Start Date) less any payments (and other amounts) credited to your Account since the last Monthly Date (or for the first Monthly Payment, since the Start Date).|
A standing authorisation for your Monthly Payment given by you to us over:
|Bank||Any bank or financial institution, including a credit card provider, authorised to carry on banking or financial business within Australia.|
|Business Day||Any day which is not a Saturday, Sunday or public holiday in Melbourne.|
|CityLink||The Link road and Extension road as defined in the Melbourne City Link Act 1995 (Vic) and any part of those roads.|
|Class||A Motorcycle, Car, Light Commercial Vehicle or Heavy Commercial Vehicle as defined in the Toll Calculation Schedule in the Concession Deed.|
|Concession Deed||Has the meaning given to ‘the Agreement' in the Act.|
|Contact Telephone Number||Your telephone number as given to us and at which you can be contacted.|
|EastLink||Has the same meaning as “EastLink” in the EastLink Project Act (2004).|
|Eligible Toll Road||CityLink and 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. For further details, please refer to our website.|
|Infringement Notice||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 Invoice has not been received by the relevant due date.|
|Linkt Register||The register of vehicles established and maintained by us under section 73A of the Act.|
|Linkt Registration||The registration by us of your vehicle on the Linkt Register.|
The day of the month on which we will withdraw funds from your nominated Bank account, which will be the same day of each month as agreed between us and you.
We will not agree to a change to your Monthly Date until after your first Month.
If a month does not contain that day (for example, your Monthly Date is the 29th, 30th or 31st), the Monthly Date will be the last Business Day of that month.
|Monthly Payment||This is the amount you must pay each month and is equal to the total of your Account Balance on the Monthly Date.|
|Motorcycle||Has the meaning given to 'Motor Cycle' in the Toll Calculation Schedule.|
|Nominated Contact Address||Your Permanent Address or Temporary Address as nominated by you to us as the place for notices to be left at or sent to.|
|Nominated Vehicle||A vehicle which you have asked us to link to your Account and which is registered on the Linkt Register.|
|Number Plate||The physical plate which contains the vehicle's Registration Number.|
|Registration Number||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 registration authority (e.g. VicRoads).|
|Remaining Account Balance||The total of any credit Account Balance you have left, excluding the amount of the Start Up Fee, 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.|
|Start Date||The Start Date is the date on which your Account is opened.|
|Taxi||A vehicle which is the subject of a commercial passenger vehicle licence to operate as a taxi cab issued under the Transport Act 1983 (Vic).|
|Temporary Address||If you are visiting Melbourne, the address you will be residing in during the period you wish to use CityLink.|
|Toll Administration Fee||
A toll administration fee calculated in accordance with the Act or, in relation to an Eligible Toll Road other than CityLink, such equivalent legislation that applies in relation to that Eligible Toll Road.
This fee may be payable if you receive a Toll Invoice.
|Toll Calculation Schedule||Has the meaning given to that term in the Concession Deed.|
|Toll invoice||A request for payment issued to the registered owner or nominated driver of a vehicle for travel on CityLink or another Eligible Toll Road. Toll Invoices are issued by us or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.|
|Toll Zone||A part of CityLink specified to be a toll zone under the Act.|
|TCO Tolling Customer Ombudsman||Means the ombudsman for the tolling industry and the contact details can be obtained from our website.|
Tolls are the amount payable for travel on CityLink and EastLink.
CityLink Tolls are set in accordance with the Toll Calculation Schedule and may be updated quarterly. The full details appear in the Victoria Government Gazette. Tolls on CityLink vary depending on the Class of the Nominated Vehicle. It is your responsibility to ensure that each of your Nominated Vehicles is registered in the correct Class at all times.
Current Toll prices for EastLink are available from EastLink's operator.
|Transurban Credit Reporting Policy||
The Transurban Credit Reporting Policy available from our website.
|Trips||The driving of a vehicle in one direction in one or more Toll Zones uninterrupted by exit and subsequent re-entry of CityLink other than travel directly between the Southern Link and the Western Link. For EastLink, a Trip will be as defined in the EastLink Project Act (2004).|
|Trip Cap||The maximum Tolls which will be debited to your Account for each Trip. The amount is determined by us in line with the Act or, if applicable, by an operator of another Eligible Toll Road in respect of Trips on that Eligible Toll Road.|
|We, our or us||CityLink Melbourne Limited (formerly Transurban City Link Limited) ABN 65 070 810 678, including the successors, contractors, assignees, employees, agents and nominees of CityLink Melbourne Limited.|
|You/your||You, the customer, who has opened the Account with us and your properly authorised agents.|
|Name||Description||Amount, Fee or Charge (inclusive of GST where applicable)|
|Detailed Statement Fee||Each month or quarter you agree to pay this fee we will mail you a detailed statement for the statement period.||
|Dishonour Fee||This is the amount that is debited to your Account if your payment is not successfully made, unless the unsuccessful payment is our or our Bank's fault.||The charge imposed on us by our Bank as a result of your unsuccessful payment.|
|One-off Detailed Statement Fee||You pay this fee to get a one-off detailed statement.||$3.30 for each time you request a one-off detailed statement.|
|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. The current Payment Card Surcharge rates are available in the fees table for your product.
|Start Up Fee||This is the amount which you pay us to open your Account.||$5.50|
|Vehicle Matching Fee||
This is the amount that will be debited from your Account (as well as Tolls), for each Trip that any Nominated Vehicle is detected using an Eligible Toll Road.
Motorcycle Trips do not incur Vehicle Matching Fees on CityLink.
We will charge you the amount set by us ($0.55) on CityLink and ConnectEast on EastLink (available at eastlink.com.au.)