Taxi Driver Account Customer Service Agreement

Last updated: 19 July 2018

1. What this agreement is about

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 set of terms and conditions is the agreement between you and us for using CityLink and other Eligible Toll Roads. It sets out what you need to do, and what you can expect from us in return.

The agreement begins when you accept the agreement by:

  1. accepting it in writing;
  2. keeping the Tag device(s);
  3. by completing the "open an account" process on our website or app;
  4. accepting the agreement orally; or
  5. conduct (e.g. by contacting us to open an Account).

If you drive a vehicle on any Eligible Toll Road without the vehicle being registered by us on the Linkt Register, or exempt from the requirement to be registered, you may commit an offence under the Act.

We have a special arrangement for the exemption of Taxis from the requirement to be registered on the Linkt Register. To be exempt, the Taxi must:

  1. be registered on the Taxi Vehicle Register; and
  2. be driven by a person who is registered on the Taxi Driver Register.

The Taxi Driver Register and Taxi Vehicle Register are special registers maintained by us and are different from the Linkt Register. As the driver of a Taxi, you will be primarily responsible for paying Tolls for the use of an Eligible Toll Road, by having a Tag device linked to a Linkt Account with us. We will charge you Tolls when we detect your Tag device passing through a Toll Zone, or if you contact us and provide us with details of your travel on CityLink before or up to seven days after the date of travel or when the Owner of a Taxi detected on any Eligible Toll Road without a Tag device identifies you as driving the Taxi at that time.

Please note that the term "Taxi Driver Registration" when used in this agreement is not the same as you being registered or licensed to drive a Taxi by the Victorian Taxi Directorate. Your Taxi Driver Registration means that you are registered on the Taxi Driver Register. You and us have rights and obligations under the Act and the law generally. These rights and obligations are separate and in addition to the operation of this agreement.

If you are not sure of the meaning of any word or the amount of any fee or charge, check the "Definitions" section. If you have any questions about this agreement, your Taxi Driver Registration, your Linkt Account, your Tag device or anything else, please contact us on 1300 360 962.

This agreement contains:

  • general conditions which apply to all Linkt Accounts; and
  • special conditions which only apply to either a Pre-Pay or Pay-as-you-Go Account. Each special condition has a heading:
    • "Pre-Pay Accounts only"; and
    • "Pay-As-You-Go Accounts only".

You should carefully read each part of this agreement that applies to you.

2. What to do before using CityLink

2.1. When this agreement starts

This agreement starts when you accept this Customer Service Agreement by one of the ways described in clause 1.

2.2. What you must do before using CityLink

You must do the following things before using any Eligible Toll Road:

  1. tell us your name and address, the type of Linkt Account you wish to open and the method of payment for your Linkt Account;
  2. pay us the Opening Amount and any other amounts we requires under this agreement; and

You may give details to us by contacting us.

You must be registered on the Taxi Driver Register and the Taxi must be registered by the Owner on the Taxi Vehicle Register before you use an Eligible Toll Road (see clause 2.3).

2.3. When are you registered on the Taxi Driver Register?

  1. We agree to register you on the Taxi Driver Register if you do the things required by clause 2.2. We may register you even if you haven't complied with clause 2.2. Your registration on the Taxi Driver Register only takes effect when you are actually recorded as registered on the Taxi Driver Register by us.
  2. You may check whether you are registered on the Taxi Driver Register or a Taxi is registered on the Taxi Vehicle Register by contacting us.
  3. If your Taxi Driver Registration is suspended or cancelled you will no longer be:
    • registered on the Taxi Driver Register; and
    • exempt under the Act from the requirement to be registered on the Linkt Register, (see clause 13).

3. The Tag and tolling system

3.1. Installing and using Tags

You must:

  1. use your Tag device in line with the instructions supplied with the Tag device;
  2. always have your Tag device in the Holder of a Taxi that you are driving on CityLink;
  3. keep your Tag device in good condition; and
  4. only use your Tag device in a Taxi registered on the Taxi Vehicle Register.

You may check if a Taxi is registered on the Taxi Vehicle Register by contacting us.

3.2. Travel on CityLink

  1. We will operate our electronic tolling system to detect Taxis which use CityLink by identifying your Tag device or the Taxi's number plate.
  2. If we do not detect a Tag device in a Taxi which is used on CityLink:
    1. we will ask the Owner to identify the person driving the Taxi at the relevant time.
    2. you may also contact us before or up to seven days after the date of travel on CityLink in order to be charged Tolls for that trip.
  3. You are also responsible for the Tolls or fees incurred by any vehicle that you drive on CityLink, whether or not it is a Taxi.
  4. Where you have registered your travel on CityLink and another driver has registered travel by the same Taxi for the same date and time, CityLink will charge Tolls to the driver who has registered most recently.
  5. Where you have registered travel in a Taxi on CityLink for a particular time period you will be responsible for paying all Tolls for travel on CityLink by that taxi during the nominated period, even in circumstances where the nominated Taxi is driven by another driver.

3.3. Travel on Eligible Toll Roads

  1. Other Eligible Toll Road operators may operate electronic tolling systems to detect vehicles which use their toll roads by identifying the driver's Tag device or the Nominated Taxi linked to the Owner's Linkt Account. The Eligible Toll Road operator will send Trip data and the relevant Tolls to us so we can charge those Eligible Toll Road Tolls (and any fees if applicable) to your Account. We will charge those amounts determined as payable by the Eligible Toll Road operator and we are not responsible for confirming the accuracy of that information.
  2. If another Eligible Toll Road operator does not detect a Tag device in a Taxi which is used on another Eligible Toll Road, then the relevant operator may ask the Owner to identify the person driving the Taxi at the relevant time.

3.4. Responsibility for Tags and Taxis

  1. You are responsible for your Tag device linked to your Linkt Account and the Taxi you are driving on an Eligible Toll Road and for making sure that the Tag device and the Taxi are used in line with this agreement.
  2. Although we may send you a letter or signal your Tag device to beep to inform you about certain events which affect your Taxi Driver Registration, you are responsible for your registration on the Taxi Driver Register.
  3. Where your Tag device is detected on CityLink, we need not ask which Taxi your Tag device was in.

4. When you must contact us

4.1. The Tag "beeps"

Each time you pass through a Toll Zone, your Tag device should "beep":

  • 1 beep means that everything is operating normally;
  • no beep means there may be a problem with your Tag device. You may complete the Trip, but you must contact us before you use CityLink again;
  • 4 beeps means that your Taxi Driver Registration has been suspended or cancelled. The Taxi Owner may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice. You must contact us before you use CityLink again; and
Pre-Pay Accounts Only:
  • 1 beep, followed by 2 short beeps, means that everything is operating normally, but your Linkt Account Balance is below the Top Up Trigger (see clause 10.1) and you must top up your Linkt Account.

4.2. Other times when you should make contact

As well as when your Tag device gives 4 beeps or no beeps when you pass through a Toll Zone, you must contact us as soon as possible when:

  1. your Tag device is lost or stolen;
  2. your Tag device is damaged or destroyed;
  3. you change your Address or other contact details (e.g. your phone number); or
  4. you become aware of anything that may or will affect any payment under this contract.

4.3. If you do not make contact when required

  1. You may not be registered on the Taxi Driver Register if you do not contact us as soon as you become aware of anything that may or will affect a payment under this contract and fix the problem.
  2. We may debit Tolls to your Linkt Account when your Tag device is detected on CityLink if you do not contact us when your Tag device is lost or stolen.

5. Tolls

5.1. What Tolls will you be charged?

  1. You will be charged Tolls for using CityLink and other Eligible Toll Roads.
  2. You may check current CityLink Toll prices by visiting our website or contacting us. You may check current Toll prices for other Eligible Toll Roads by contacting the relevant Eligible Toll Road operator.

5.2. Debiting Tolls to your Linkt Account

  1. We will debit a toll to your Linkt Account when we detect your Tag device passing through a Toll Zone.
  2. We will debit Tolls to your Linkt Account:
    • regardless of who is driving the Taxi at the time; and
    • whether or not you authorised or were aware of the use of your Tag device.
  3. You agree that one way we may determine that you were driving a Taxi at a particular time if the Owner of that Taxi identifies you as the driver of the Taxi at that time.
  4. If we have sent you a Toll Invoice in respect of any Trip(s) you agree that we may charge you the applicable Toll(s) and Toll Administration Fee(s) if the Toll Invoice remains unpaid after 28 days.

5.3. If your Tag is lost or stolen

We will not debit Tolls to your Linkt Account when we detect your Tag device in a Toll Zone after you have notified both the police and us that your Tag device has been lost or stolen. We will resume debiting Tolls to your Linkt Account for that Tag device when you tell us, or we become aware, that you have recovered your Tag device. You must provide a copy of any relevant police report, a statutory declaration or an insurance claim if we request it.

6. Payment to open your Linkt Account - Opening Amount and Monthly Account Fee

6.1. Opening Amount

Pre-Pay Accounts Only:
  1. We will credit the Opening Amount to your Linkt Account.
Pay-As-You-Go Accounts Only:
  1. Until the end of the first Tag Year, we will treat the Opening Amount as a Security Deposit in line with clause 7.
  2. At the end of the first Tag Year, we will credit any amounts remaining from your Opening Amount to your Linkt Account.

6.2. Monthly Account Fee

Pay-As-You-Go Accounts Only:
  1. You must pay us the first Monthly Account Fee when you pay us the Opening Amount.
  2. After the Start Date, you must pay us the Monthly Account Fee on each Monthly Date.

7. Security Deposits

7.1. Security Deposit

  1. We may ask you to pay a Security Deposit.
  2. You must pay us the Security Deposit within 5 Business Days of receiving a request to do so by us.

7.2. Use of Security Deposit

  1. Security Deposits (and other deposits or amounts which are to be treated like a Security Deposit) will not be credited to your Linkt Account.
  2. We may use the Security Deposit (and other deposits or amounts which are to be treated like a Security Deposit) in part or full payment (at our discretion) of any amount you owe us under this agreement.

8. Fees and payments which only apply in special circumstances

8.1. If you use an Eligible Toll Road without your Tag

For each Trip that you are detected driving a Taxi on an Eligible Toll Road without a Tag device, we may, as well as charging you Tolls, debit the Administration Fee to your Linkt Account, unless we or another Eligible Toll Road operator is responsible for the failure to detect your Tag device.

If you travel on CityLink or another Eligible Toll Road without your Tag device, this may result in your Taxi Driver Registration being suspended or cancelled and the Taxi Owner may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

8.2. If you use CityLink with your Tag in a vehicle other than a Taxi

If you use CityLink with your Tag device in a vehicle other than a Taxi, we may debit the appropriate Tolls and an Administration Fee to your Linkt Account.

8.3. Tag Non-Return Fee

You must pay us the Tag Non-Return Fee if your Tag is lost, damaged, stolen, or you do not return your Tag device to us when this agreement requires you to do so.

8.4. When you agree to additional payments

We may charge to, or debit from, your Account any fee, tax, charge, or amount if you have agreed to pay, or you owe us that fee, tax, charge, or amount under this agreement.

8.5. Toll Administration Fee

If you receive a Toll Invoice you agree to pay any applicable Toll Administration Fee(s).

8.6. Payment Card Surcharge

Where you pay your Account via an accepted credit card or debit card, you may be charged a Payment Card Surcharge on the amount paid.

9. Statements

All copies of your statements can be accessed by logging in to your account.

9.1. Free summary statements each quarter

Shows you all your trips grouped by Tag number, date of travel, number of trips and the cost.

  1. When your new statement is ready, we will send you an email notice, if we have your email address. Your statement will show the dollar amount charged per day for your Tag device linked to your Linkt Account for each 3 month period from your Start Date, so long as your Linkt Account has been used during that period.
  2. You may contact us to find out your Linkt Account Balance.

9.2. Optional detailed statements for a fee

Shows you full details of all your trips.

At your request, we will send you detailed statements, instead of the free summary, when you pay the Detailed Statement Fee.

You can choose to have the following statements:

Statement Type Pre-Pay Account Pay-As-You-Go Account
Web Statements
Monthly Summary Free Free
Monthly Detailed Free Free
Mailed Statements
Quarterly Summary Free Not available
Quarterly Detailed Detailed Statement Fee Not available
Monthly Summary Free Free
Monthly Detailed Detailed Statement Fee Detailed Statement Fee
Detailed Statements
One-off requests One-off Detailed Statement Fee One-off Detailed Statement Fee

10. Topping up your Pre-Pay Account and paying your Pay-as-you-Go Account

10.1. Your Pre-Pay Account must always be in credit

Pre-Pay Accounts only:
  1. You must keep a positive balance in your Linkt Account at all times (i.e. your Linkt Account Balance must not be zero or less).
  2. If you are an Automatic Payment customer, when we consider that your Linkt Account Balance is at or below the Top Up Trigger, your Linkt Account should be automatically topped up by us drawing the Agreed Replenishment Amount by Automatic Payment from your Bank account. However, if you become aware that your Automatic Payment has failed, or may fail, you must immediately contact us to make other payment arrangements.
  3. If you are a Manual Payment customer, you should make sure that you top up your Linkt Account by the Agreed Replenishment Amount when your Linkt Account reaches the Top Up Trigger. However, if you become aware that your Manual Payment has failed, or your Linkt Account Balance may reach zero or less, you must immediately contact us to make other payment arrangements. Any top up that you make must be by the Agreed Replenishment Amount.
  4. When we consider that your Linkt Account Balance is below the Low Account Balance, we may send a letter to your Address to remind you to top up your Linkt Account. If you allow your Linkt Account Balance to drop to zero or less, your Taxi Driver Registration may be suspended or cancelled.
  5. 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).

10.2. Payment of your Pay-as-you-Go Account each month

Pay-As-You-Go Accounts only:
  1. Until your Start Date, we will not provide you with any credit for Tolls incurred by you.
  2. After your Start Date, you must pay your Monthly Payment on each Monthly Date.
  3. Your Monthly Payment must be paid by Automatic Payment.
  4. (d) You may contact us to find out how much money has been debited to your Linkt Account in any month.

10.3. When is a payment made?

  1. Payments are treated as made when we receive them.
  2. If you are an Automatic Payment customer, we will receive your Automatic Payment when it is credited successfully to our Bank account.
  3. 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.
  4. If you are a Manual Payment customer, or if your Automatic Payment has failed or you have made other payment arrangements with us, we will receive your payments:
    1. If by cash, manual credit or debit card, BPAY or EFTPOS, when the person making the payment:
      1. in person, is given a receipt for that payment; or
      2. by telephone, is given a receipt number for that payment; or
    2. if by cheque, when the proceeds of the cheque have been cleared.
  5. If a payment is not made successfully, we will debit the Dishonour Fee to your Linkt Account (e.g. if a cheque or direct debit is not honoured in full), unless the unsuccessful payment is our or our Bank's fault.

10.4. Late or part payment

  1. 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.
  2. We may allocate any such payment against any money you owe us as we think fit.

11. Questions, complaints and disputes

11.1. Questions

If you have a question about CityLink or your Taxi Driver Registration, you should contact us.

11.2. Complaints or disputes

  1. If you have a complaint or a dispute about your Taxi Driver Registration or an amount debited, credited or not credited to your Linkt Account, you should contact us.

A customer service officer will:

  • if it is not possible to deal with the issue on the spot, agree a time to get back to you; and
  • provide a response with reasons.
  1. If, after this first contact, 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:
    • if it is not possible to deal with the issue on the spot, agree a time to get back to you; and
    • provide a response with reasons.
  2. If you are still not satisfied with the response, you may take the complaint to the TCO Tolling Customer Ombudsman.

11.3. What happens to future payments?

  1. If you believe there is an error (including trips, fees and charges) in your statement/invoice, we require you to tell us of any errors or discrepancies promptly. You agree that if you wish to dispute anything in a statement/invoice you must notify us within 60 days of the date of the statement/invoice, after which no claim or dispute can be raised.
  2. Where you dispute your Linkt Account Balance, until that dispute is resolved you must continue to comply with clause 10.1 (Pre-Pay Accounts) or clause 10.2 (Pay-as-you-Go Accounts) as if the Linkt Account Balance recorded on the statement was correct.
  3. Despite clause 11.3(b), where you dispute your Linkt Account Balance, we may (at our discretion):
    • credit your Linkt Account for all or part of the disputed amount; or
    • make other arrangements reasonably necessary to allow for the continued operation of your Linkt Account, until the dispute is resolved.

12. Changing this Customer Service Agreement and the fees

12.1. How we may change this Customer Service Agreement

We may change this agreement (including any amount, fee or deposit) by:

  1. publishing the changes on our website, the date from which they will apply, and how you may obtain a copy of them; or
  2. sending a copy of the changes to your Address no later than the next statement after the effective date of the changes, except when the changes either reduce fees or charges or are as a result of changes in taxes, in which case this is not required.

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 stated on our website or in the copy of the changes.

12.2. Tolls not affected

Clause 12.1 does not apply to Tolls, which are determined in line with the Act, as described in clause 5.1.

13. Suspension or cancellation of your Taxi Driver Registration

13.1. Method of suspension and cancellation

The method by which your Taxi Driver Registration is suspended or cancelled is by us recording it as suspended or cancelled on the Taxi Driver Register or by removing your name from the Taxi Driver Register. The suspension or cancellation takes effect when this occurs.

13.2. You may request cancellation

We will cancel your Taxi Driver Registration if you ask us to do so.

13.3. When we may suspend your Taxi Driver Registration

Pre-Pay Accounts only:

We may suspend your Taxi Driver Registration if we consider that your Linkt Account Balance is zero or less.

Pay-As-You-Go Accounts only:

We may suspend your Taxi Driver Registration if your Automatic Payment fails.

All Linkt Accounts:

We may suspend your Taxi Driver Registration if:

  1. your Tag device is reported as lost or stolen to both the police and us;
  2. you do not pay a Security Deposit for your Tag device within 5 Business Days of receiving a request to pay a Security Deposit;
  3. we consider that your Tag device has been or is being misused;
  4. you use your Tag device in a vehicle which is not a Taxi;
  5. we are required to do so by law;
  6. you do not comply with the terms and conditions of this agreement; or
  7. for any other reason, we reasonably consider that suspension of your Taxi Driver Registration is necessary.

13.4. When we may cancel your Taxi Driver Registration

Pre-Pay Accounts Only:

We may cancel your Taxi Driver Registration if we consider that your Linkt Account Balance is zero or less.

Pay-As-You-Go Accounts only:

We may cancel your Taxi Driver Registration if your Automatic Payment fails.

All Linkt Accounts:

We may cancel your Taxi Driver Registration if:

  1. your Taxi Driver Registration is suspended for more than 1 month or on repeated occasions;
  2. we are required to do so by law;
  3. we revoke the exemption described in clause 1; or
  4. for any other reason, we reasonably consider that the cancellation of your Taxi Driver Registration is necessary.

13.5. Notice of suspension or cancellation

  1. If we have suspended or cancelled your Taxi Driver Registration, we will send a signal to your Tag device to give 4 beeps each time your Tag device passes through a Toll Zone on CityLink. You agree that this is a reasonable method of notice for us to use.
  2. We may also notify you of suspension or cancellation by giving notice in any other way allowed under this contract or the Act.

13.6. Use of CityLink after cancellation or suspension of your Taxi Driver Registration

  1. If you wish to use CityLink after your Taxi Driver Registration has been suspended or cancelled, you must first contact us and ask us to re-register you on the Taxi Driver Register.
  2. If you do not re-register and your Tag device or a Taxi you are driving in is detected on an Eligible Toll Road after your Taxi Driver Registration has been suspended or cancelled, you will not have a valid arrangement to make Trips and you may commit an offence under the Act and the Taxi Owner may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

13.7. Re-registering your vehicle after suspension

If your Taxi Driver Registration is suspended, we will re-register you if you:

  1. fix the problem which caused the suspension to our satisfaction; and
  2. ask to be re-registered on the Taxi Driver Register.

13.8. What happens when your Taxi Driver Registration is cancelled?

  1. If your Taxi Driver Registration is cancelled, then within 10 Business Days of receiving notice of that cancellation, you must:
    • return your Tag device to us; and
    • pay any debit Linkt Account Balance and any other amount you owe us.
  2. We will refund any Remaining Account Balance within 10 Business Days after you have completed your obligations under clause 13.8(a).

13.9. When this agreement ends

  1. This agreement will end 20 Business Days after your Taxi Driver Registration is cancelled.
  2. 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.
  3. We may end this agreement at the expiration of the Initial Period for Taxis (as defined in the Concession Deed).

14. Liability

14.1. We do not accept 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 CityLink, your installation, use or removal of the Tag device or the Holder, or anything else in connection with this agreement.

Where liability cannot be excluded, any liability incurred by us in relation to the use of CityLink, your installation, use or removal of the Tag device or the Holder, or anything else in connection with this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

14.2. You must comply with all laws

  1. This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.
  2. You must comply with the law when you use CityLink.

15. General

15.1. We own your Tag and license you to use it

  1. We own your Tag device at all times.
  2. We will license you to use your Tag device linked to your Linkt Account in line with and for the life of this agreement.
  3. You must return your Tag device to us within 10 Business Days after we reasonably ask you to return it or when we have cancelled your Taxi Driver Registration.

15.2. This contract is the entire agreement

  1. This agreement is the full agreement between you and us about your Taxi Driver Registration, your Linkt Account, Tag device 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.
  2. This agreement replaces all previous representations, communications and agreements on the subject matter.

15.3. Notices

  1. Notices to you (which includes any written communications or statements) may be:
    • given to you personally;
    • left at your Address;
    • sent to your Address;
    • sent by fax to the fax number last notified to us;
    • given by signalling your Tag device to give beeps each time your Tag device passes through a Toll Zone;
    • given in any of the ways described in section 73E(1)(b) of the Act; or
    • given in any way the law allows.
  2. Notices to us may be:
    • sent to us;
    • sent by fax to the fax number of us; or
    • given in any way the law allows.
  3. Notices take effect from the time they are received unless a later time is specified.
  4. Notices by Tag device beeps are taken to be received when we signal the Tag device to beep.
  5. Notices by any of the ways described in section 73E(1)(b) of the Act are taken to be received as described in section 73E(2) of the Act.
  6. 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 4 pm on a Business Day and otherwise on the next Business Day.
  7. Where we agree to send you a notice under this agreement, we will not be in breach of this agreement if that notice is not delivered to you or is not delivered to you in a readable form for reasons that we cannot control (e.g. because of a postal strike).

For any general enquiries please contact us.

15.4. If any part of this agreement is illegal or unenforceable it will not apply

  1. 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.
  2. Despite clause 15.4(a), if a provision of this agreement is still invalid, voidable or not enforceable:
    • if the provision would not be invalid, voidable or not enforceable if a word or words were deleted, that word or those words will be deleted; and
    • in any other case, the whole provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

15.5. Interest

You will not earn interest on any credit Linkt Account Balance or amount you pay us under this agreement.

15.6. Waiving breaches of this agreement

  1. 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.
  2. 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.
  3. A right of ours created under this agreement may only be waived by us in writing signed by us.

15.7. Representations and warranties

You represent and warrant to us that you have the power, authority and capacity to enter into this agreement with us.

15.8. Consent to use and disclose information

You consent to us using or disclosing any information (including personal information) you provide to us if the information is used or disclosed for the purposes contemplated by this agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Transurban Privacy Policy.

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.

15.9. Recovery of costs

You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.

16. Interpretation

In this agreement unless the contrary intention appears:

  1. a reference to this agreement includes any variation to it;
  2. the singular includes the plural and the plural includes the singular;
  3. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
  4. an obligation imposed on 2 or more parties binds them jointly and severally;
  5. a reference to a time or date is a reference to that time or date in Melbourne;
  6. a provision of this agreement must not be interpreted against us just because it prepared the agreement;
  7. a reference to any legislation or subordinate legislation includes any modifications or changes;
  8. headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement; and
  9. this agreement and the transactions contemplated by this agreement are governed by Victorian law.

17. Definitions

Term Definition
Account Your Linkt account including any Sub-Account, Tags and Nominated Vehicles linked to the account.
Act The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.
Address The last mailing address advised to us by you.
Automatic Payments

A standing authorisation given by you to us over:

  • Pre-Pay Account: a Bank account or an accepted credit / debit card
  • Pay-As-You-Go Account: a credit card account for your Monthly Payment.
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.
Concession Deed Has the meaning given to 'the Agreement' in the Act.
EastLink Means EastLink as defined in the EastLink Project Act 2004 (Vic) and any part of that road.
EastLink Customer Centre Means the EastLink Customer Centre and the retail shops as specified in the EastLink website.
Eligible Toll Road CityLink, EastLink 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.
Holder The device which will be attached to the windscreen to hold the Tag device.
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 Account Your Account with us.
Linkt Account Balance

If you have a Pre-Pay Account, the total of all of the payments (and other amounts) which have been credited to your Linkt Account less any toll, fee, tax, charge or other amount which is debited to your Linkt Account.

If you have a Pay-As-You-Go Account, on the Monthly Date, the total of all Tolls, fees, taxes, charges and other amounts which we have debited to your Linkt Account since the last Monthly Date (or, for the first Monthly Payment, since your Start Date) and any other amounts which you owe us since the last Monthly Date (or for the first Monthly Payment, since your Start Date) less any payments (and other amounts) credited to your Linkt Account since the last Monthly Date (or for the first Monthly Payment, since your Start Date).

Linkt Register The register of vehicles established and maintained by us under section 73A of the Act.
Manual Payment A payment received by us by way of cash, a manual credit or debit card, BPAY or EFTPOS transaction, a bank cheque or a personal cheque.
Monthly Date

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:

  • the day on or close to the day on which the Start Date occurs, but in any event not later than 10 days after your Start Date; or
  • a day agreed between you and us, so long as this day will not be more than 28 days after the last Monthly Date on which a Monthly Payment was made. We will not agree to change your Monthly Date until after your first Monthly Date.

However, if a month does not contain that day (for example, because your Monthly Date is the 31st), the Monthly Date will be the last Business Day of that month.

Monthly Payment If you have a Pay-As-You-Go Account, this is the amount you must pay each month and is equal to the total of your Linkt Account Balance on the Monthly Date and the Monthly Account Fee for the following month.
Owner The person who owns the Taxi.
Remaining Account Balance

The total of any:

  • credit Linkt Account Balance;
  • Security Deposit; and
  • other amounts which are treated like a Security Deposit, you have left after all outstanding fees, taxes, Tolls, charges and any other amounts you owe us are deducted.
Start Date

If your Linkt Account was opened before 3 January 2000, the Start Date for your Tag device is the earlier of:

  • the first date (after 3 January 2000) that you use a Toll Zone; and
  • 28 December 2000.

If your Linkt Account is opened on or after 3 January 2000, the Start Date is the date on which your Linkt Account is opened.

Note: We cannot open your Linkt Account until you provide all the information that we need to do so.

Tag The transponder owned by us and licensed to you for the duration of this agreement.
Tag Year

For your Tag device, a consecutive 12 month period from:

  • the Start Date; or
  • the anniversary of the Start Date. Where your Tag device is replaced, a Tag Year is calculated by reference to the original Tag device unless the replacement Tag device is part of a general release of "new generation" Tag devices. However, without changing the beginning of a Tag Year, a Tag Year for your Tag device will end on the earlier of:
  • the date that Tag device is returned to us without being replaced;
  • the date you told us that your Tag device has been lost or destroyed and you do not want to replace it; and
  • the date that your Tag device is replaced as part of a general release of “new generation” (e.g. of an improved technology) Tag devices.
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).
Taxi Driver Register The register of Taxi drivers established and maintained by us.
Taxi Driver Registration Your registration by us on the Taxi Driver Register.
Taxi Vehicle Registration The register of Taxis established and maintained by us.
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

Tolls are the amount payable for travel on CityLink and other Eligible Toll Roads.

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.

Current Toll prices for other Eligible Toll Roads are available from the relevant Toll Road operator.

Transurban Credit Reporting Policy

The Transurban Credit Reporting Policy available from our website.

Transurban Privacy Policy

The Transurban Privacy Policy available from our website.

Trip 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 other Eligible Toll Roads, a Trip will be defined by each respective Eligible Toll Road operator.
Trip Cap The maximum Tolls which will be debited to your Linkt Account for each Trip. The amount is determined by us in line with the Act or by an operator of another 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 Linkt Account with us and your properly authorised agents.

Amounts, Fees and Charges

Name Description Amount, Fee or Charge (inclusive of GST where applicable)
Administration Fee This is the amount that will be debited to your Linkt Account to cover our administrative costs. $2.00
Agreed Replenishment Amount If you have a Pre-Pay Account with Automatic Payment, this is the amount that we will draw from your Bank account or credit card account after your Linkt Account Balance falls below the Top Up Trigger as explained in clause 11.1. If you have a Pre-Pay Account with Manual Payment this is the amount by which you must top up your Linkt Account.

Either:

  1. $25.00 in the case of an automatic payment, or
  2. $40.00 in the case of a manual payment.
Detailed Statement Fee Each month or quarter you agree to pay this fee we will mail you a detailed statement for the statement period.

Either:

  1. (a) $2.75 per month, or
  2. $2.75 per quarter to be mailed a detailed statement to your nominated address.
Dishonour Fee This is the amount the Owner must pay if a payment is unsuccessfully 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.
Low Account Balance If you have a Pre-Pay Account, and your Linkt Account Balance falls below this amount, we may send you a letter to remind you to top up your Linkt Account. The balance at which we believe that you should be reminded to top up your Linkt Account.
Monthly Account Fee This fee is debited only to Pay-as-you-Go Accounts for the administration of your Linkt Account. $2.75 per month (payable in advance).
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.
Opening Amount This is the amount which you pay us to open your Linkt Account.
  1. Pre-Pay:
    • minimum $50.00 credit to your Linkt Account.
  2. Pay-as-you-Go:
    • $20.00 (refundable deposit converting to a credit to your Linkt Account after the first Tag Year).
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.

Security Deposit We may require you to pay this deposit as security. $50.00
Tag Non-Return Fee This is the amount that you must pay us if your Tag is lost, damaged, stolen, or if you do not return it to us when this contract requires you to do so. $15.00
Top Up Trigger

If you have a Pre-Pay Account, when your Linkt Account Balance falls to this amount:

  • if you are an Automatic Payment customer, we will draw the Agreed Replenishment Amount from your Bank account; or credit card account; or
  • if you are a Manual Payment customer, you should top up your Linkt Account.

The following amounts, or any larger amounts agreed between us and you:

  • $10.00 if you are an Automatic Payment customer; or
  • $25.00 if you are a Manual Payment customer.