This agreement begins when you click 'GO' when opening LinktGO (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 used under licence by Tollaust Pty Ltd ABN 37 050 538 693.
When you are logged into the App, even when it is 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 'GO' when you open this App, you consent to the use of your smartphone's location services functionality to determine the geographical location of your smartphone and 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.
The period in which you can use the App runs from when you download the App until any time that we elect to terminate this agreement (and your use of the App and the Services) in accordance with clause 17). You may also choose to cease using the App at any time. If you no longer want to use the App, you must deregister your account and 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 a penalty notice and be liable for a fine, in accordance with this agreement.
A limit of three (3) nominated vehicles that are cars and Class 2/Class A vehicles (motorcycles, light commercial vehicles and heavy combination vehicles are not eligible) (each an App Vehicle) may be linked to the App at any time.
In order to access and use the services provided by this App (Services) you will need to:
Your credit card/debit details will be stored, linked to your App Vehicle and charged in accordance with this agreement.
The App Vehicle will be placed on the Linkt Register when you provide us with all the information we need as described above. Linkt Registration only occurs when your vehicle is recorded as registered on the Linkt Register by us and will only be applicable for travel after the date and time of registration.
If the Linkt Registration of the App Vehicle is suspended or cancelled (e.g. for non-payment) the App Vehicle will be suspended or removed (as the case may be) from the Linkt Register.
Any failure to provide the correct information stated above 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 based on the vehicle's correct Class.
If you have another toll road account (Different Account), we recommend that you remove the tag from your App Vehicle and deregister any App Vehicle from your Different Account before making a Trip. Please also refer to clause 9 below for other details on charges to your credit or debit card where you have a Different Account.
The real time geo-location functionality of the App will only work on Eligible Toll Roads. You will be able to pay for a Trip via the App, but if you also have a Different Account, please be aware that the relevant tolls, fees and charges may also be charged to your Different Account where there is a tag in the App Vehicle and where the App Vehicle registered to your Different Account is the same as the one used for the Trip. Please also refer to clause 9 below for other details on charges to your credit or debit card where you have a Different Account.
You will need to use your mobile number to access and use the Services. You are responsible for keeping these details secure.
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.
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 LinktGO.
Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying your App Vehicle's Number Plate Details. 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 reconcile those tolls (and any applicable Fees) against pre-payments made using your App.
Any questions regarding any tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to that Eligible Toll Road operator.
Your App Vehicle must have clearly readable number plates. Number plates and their placement must conform to the relevant regulations of the relevant registration authority. Vehicles must display both front and rear number plates. If you use an Eligible Toll Road with a vehicle that does not comply with this section:
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.
We will charge your accepted credit or debit card:
All payments are made when they are credited successfully to our Bank account.
Processing of your Trip will not be finalised until the Trip identified by the App is reconciled against the records of the relevant Eligible Toll Road.An Eligible Toll Road may also notify us of another 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 a link via SMS to enable you to pay the applicable tolls, fees and charges for the Trip.
If you do not pay for your Trip on or before the date of reconciliation against the records of the relevant Eligible Toll Road, it becomes overdue, and we may, at any time, automatically charge your credit or debit card for the applicable tolls, fees and charges for that Trip.
If the amount paid for a Trip via the App (other than the Fee) is:
We will also refund an amount you paid for a Trip via the App where:
This process can take up to four weeks.
Failure to make a payment to us due under this agreement may result in your being issued with a Toll Notice or further enforcement action being taken to recover the amount owing. 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.
You should contact us as soon as possible when:
Your App Vehicle may be suspended from the Linkt Register if you do not 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 and rectify the problem.
If your App Vehicle or number plate is stolen, you should not agree to make a payment for that vehicle on the App and should notify both us and the police immediately.
We will not charge you tolls or the Fee to your App if you do not agree to make a payment for that vehicle on the App and after you have notified both the police and us that:
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 (including the police event number), a statutory declaration or an insurance claim if we request it.
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 Group.
If you are not satisfied with the response, you may take your complaint to the Tolling Customer Ombudsman.
Unless you tell us that you disagree with your Account Balance within 60 days of your Closing Payment Date you will not be entitled to dispute your Account Balance.
Where you dispute your Account Balance, until that dispute is resolved you must continue to comply with this agreement as if the Account Balance recorded on the Closing Payment Date was correct.
Where you dispute your Account Balance, we may (at our discretion):
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 this App, which includes not using this App while driving or using the App to engage in any illegal conduct or activity.
We, and other entities of the Transurban Group and their respective employees, will not be responsible for any loss, damage, cost or expense arising from any failure to comply with the requirements in the paragraph above.
You are solely responsible for any data or network charges incurred when using the App.
You must not tamper with the App or the geo-location functionality of your smartphone.
You must not 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.
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:
If Trips are made by vehicles that are suspended or cancelled from the Linkt Register and without any other tolling arrangement, you will not have a valid arrangement in place. You may commit an offence which may result in your being issued with a Toll Notice or a penalty notice and you may be liable for a fine.
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 will cancel the Linkt Registration of your App Vehicle on the Expiry Date.
We may suspend or cancel the Linkt Registration of your App Vehicle if:
We may suspend or cancel the Linkt Registration of your App Vehicle if we reasonably believe your account or any card linked to your account or use of your account:
We may suspend or cancel the Linkt Registration of your App Vehicle if you do not cooperate with any investigation in relation to your account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if you refuse to confirm your identity in response to a request made by us in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.
For the purposes of this agreement, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity, which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.
If you wish to use a vehicle on any Eligible Toll Road 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:
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 a penalty notice and be liable for additional Fees or a fine.
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 a penalty notice and be liable for a fine.
If the Linkt Registration of your App Vehicle linked to your Sydney Pass is cancelled, then within five Business Days of receiving notice of that cancellation, you must pay any amount you owe us.
This agreement ends on the Closing Payment 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.
To the maximum extent permitted by law, we and other entities of the Transurban Group and their respective employees, are not liable (whether in agreement, 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, or anything else in connection with this agreement. This agreement do not affect any rights, liabilities and responsibilities arising at law, including statutory consumer protection.
Notices (including any written communications or statements) may be given to you:
Notices to us may be:
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:
You consent to any information (including personal information) about your Sydney Pass, and any information you provide to us being disclosed by us or any other entities of the Transurban Group to credit reporting bodies or to debt collection agencies where you are in payment default or as detailed in our Credit Reporting Policy.
We may use your personal information to research and develop new products and services, conduct business planning, and send you information relating to our and our commercial partners' products, services, offers, discounts or promotions from time to time.
If you provide us with your email address or mobile phone number, you consent to us and any other entities of the Transurban Group also using those contact details to send you traffic updates and other notices relevant to your use of Eligible Toll Roads and other information in accordance with this clause.
You can ask not to receive such communications (including marketing communications) from us at any time. However, some functions of the App may not be available where you elect to receive no communications from us.
You consent to us and any other entities of the Transurban Group disclosing any information otherwise required by law (legislation or court order).
You consent to us and any other entities of the Transurban Group disclosing to Eligible Toll Road operators (and the operator's preferred tag service provider) and Roads and Maritime Services (RMS) any information (including personal information) that is required for toll collection or enforcement.
If you provide us with your email address or mobile phone number, you consent to us and any other entities of the Transurban Group using those contact details to send you traffic updates and other notices relevant to your use of 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.
This agreement is concluded between you and Tollaust Pty Ltd only. Neither Apple nor Google has any obligation to provide any maintenance or support services with respect to the App.
By using the App you agree that either Apple 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.
Tollaust Pty Ltd, and neither Apple nor Google, will be responsible, subject to this agreement, for addressing any claims instigated by you relating to the App, including, but not limited to:
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, Tollaust Pty Ltd, and neither Apple nor Google, 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:
This agreement is the entire agreement about your Sydney Pass 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. To the maximum extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) are excluded. Our liability for a breach of any term or warranty under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) which by law cannot be excluded from this agreement is limited to the maximum extent the law allows.
Any provision of this agreement must be read down to the extent necessary to prevent that provision of 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 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 have the power, authority and capacity to enter into this agreement.
You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.
In this agreement unless the contrary intention appears:
means the total of all of the payments (and other amounts) which have been credited to your Sydney Pass less any toll, Fee, tax, charge or other amount which is debited to your Sydney Pass.
means the last mailing address advised to us.
means the vehicle you have asked us to link to your Sydney Pass and is registered on the Linkt Register.
means any day that is not a Saturday, Sunday or public holiday in NSW.
means a class of vehicle as defined in the relevant concession deed or project deed.
is equal to your Account Balance on the Closing Payment Date.
Closing Payment Date
means the day up to 60 days after the Expiry Date.
Credit Reporting Policy
means the credit reporting policy available from the Linkt website.
means all intellectual property associated with the App and the Services (including data generated using the App or the Services).
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 your Sydney Pass to pay that toll. Further details are available on the Linkt About Sydney toll roads page.
has the meaning given in clause 18.
means any fee or other amount payable to us by you when certain events occur, as set out in clause 29.
means the register of vehicles that are subject to customer service agreements established and maintained by us.
means the registration by us of your vehicle on the Linkt Register by linking it to your Sydney Pass.
Number Plate Details
means the combination of numbers, letters or numbers and letters, and the State of registration on the number plate of your App Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. RMS).
means the services provided by the App.
means your account with us.
Toll Administration Fee
has the meaning given in clause 29.
is a request for payment (or further request for payment), which may include tolls payable by you and a Toll Administration Fee.
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.
Transurban Group means:
The entities that make up the Transurban Group will change from time to time such that entities which were not previously part of the Transurban Group as at the date of this agreement may at a later date become part of the Transurban Group.
means the driving of a vehicle in one direction through one or more Electronic Toll Points, as defined by the Eligible Toll Road
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;
means you, the customer, who has opened the Sydney Pass with us and your properly authorised agents.
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 debit the Service Fee from your Sydney Pass, 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.