Tagless Account Customer Service Agreement

Last updated on 27 November 2018

1. Your agreement with us

This service is provided by Tollaust Pty Ltd ABN 37 050 538 693 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.

This agreement details your rights and obligations for use of Eligible Toll Roads. The agreement begins when you accept the agreement orally or by conduct (e.g. by contacting us to open an Account).

2. Linking Vehicles to your Account and the Linkt Register

You must provide us with details of each vehicle that you wish to have linked to your Account before using that vehicle on any Eligible Toll Road or no later than 7 days after using that vehicle on any Eligible Toll Road. Each vehicle that is linked to your Account will be placed on the Linkt Register.

We will register your vehicle on the Linkt Register when you provide us with all the information we need as well as any payment required under this agreement. The vehicle information needed includes the State and Number Plate Details of each vehicle and Class of each vehicle. Linkt Registration only occurs when your vehicle is recorded as registered on the Linkt Register by us.

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

You must link at least one vehicle to your Account.

If you request that we link a vehicle to your Account after a Toll Notice has been issued in respect of that vehicle, we will debit to your Account both the toll payable and a Toll Notice Transfer Fee or Toll Administration Fee (as applicable).

3. The road tolling system

Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying your Nominated Vehicle’s Number Plate Details. When Trips are made on Eligible Toll Roads using your Nominated Vehicle, the Eligible Toll Road operator (or the operator’s preferred service provider) may send Trip data and the relevant tolls to us so we can charge those tolls (and any applicable Fees) to your Account.

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 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. Vehicles other than Motorcycles must display both front and rear number plates. Motorcycles are required to display rear number plates. If you use an Eligible Toll Road with a vehicle that does not comply with this section:

  1. we may suspend the Linkt Registration of your Nominated Vehicle; and
  2. you may be issued with a Toll Notice or a penalty notice and be liable for a fine. 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.

4. When you should contact us

You should contact us as soon as possible when:

  1. your Nominated Vehicle or number plate on a Nominated Vehicle is lost or stolen;
  2. you want to remove your Nominated Vehicle from your Account (e.g. you sell that vehicle or return a rental car), or you change the Number Plate Details of a Nominated Vehicle that is linked to your Account, or you want to link another vehicle to your Account;
  3. you change your Address or other contact details (eg, your phone number) or your nominated payment methods or account numbers;
  4. you become aware of anything that may or will affect any payment under this agreement;
  5. your Nominated Vehicle is modified after it is registered; or
  6. you are unsure whether your vehicle is registered in the correct Class.

You are able to add secondary contacts to your Account by providing us with their contact details. Those secondary contacts can add vehicles to, and remove vehicles from, your Account, and may remove themselves as secondary contacts on your Account. However only the primary contact for your Account can add or delete secondary contacts or close the Account.

5. If you do not make contact when required

Your Nominated Vehicle may be suspended from the Linkt Register if you do not contact us by telephone as soon as you become aware of anything that may or will affect a payment under this agreement and rectify the problem.

6. If your Nominated Vehicle or number plate is stolen

We will not charge tolls or the Vehicle Matching Fee to your Account if, after you have notified both the police and us that:

  1. your Nominated Vehicle has been stolen, that Nominated Vehicle is detected at an Electronic Toll Point; or
  2. the number plate of your Nominated Vehicle has been stolen, that number plate on a vehicle (if that vehicle is not your vehicle) is detected at an Electronic Toll Point.

    We will resume charging tolls to your Account when you notify us, or we become aware, that you have recovered the stolen Nominated Vehicle, lost or stolen Tag, 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.

7. Charging tolls and Vehicle Matching Fees to your Account

You will be charged a toll to your Account for each Trip taken by your Nominated Vehicle, or when the Number Plate Details of your Nominated Vehicle is detected at an Electronic Toll Point, subject to clause 14.

You will be charged the Vehicle Matching Fee to your Account for each Trip made by your Nominated Vehicle on an Eligible Toll Road.

We will not charge a Vehicle Matching Fee for Trips made by Class 1 vehicles (Motorcycles) on Eligible Toll Roads.

If you have given us incorrect information about the Class of your Nominated Vehicle(s) 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 your Nominated Vehicle is linked to another Account and your Nominated Vehicle is detected on an Eligible Toll Road, we may choose which Account will be charged with the Tolls from that Trip.

8. Payment of your Account

Tolls, Fees and charges are charged by us to your Account. When your Account Balance is below $0 your Account will be automatically topped up by us drawing the Minimum Top-up Amount by Automatic Payment from your accepted credit/debit card.

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. When is a payment made?

Payments are made to your Account when we receive them.

We will receive your Automatic Payment when it is credited successfully to our Bank account.

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 your Automatic Payment has failed, we will receive your payments:

  1. if by cash or credit or debit card, BPAY ®, or EFTPOS, when the person making the payment by electronic systems, our website or telephone, is given a receipt number for that payment; or
  2. if by cheque, when the proceeds of the cheque have been cleared.

Failure to make a payment to us due under this agreement may result in the Account being suspended or cancelled. If you continue to travel on Eligible Toll Roads when the Linkt Registration is suspended or cancelled, you may be issued with a Toll Notice or a penalty notice and be liable for a fine. 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.

10. Charges for Travel on Eligible Toll Roads

When Trips are made on Eligible Toll Roads using your Nominated Vehicle we will charge your Account the relevant tolls (and any applicable fees) as charged by the relevant Eligible Toll Road operators.

11. When you agree to additional payments

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

12. Complaints, questions and disputes

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 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 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 receipt you will not be entitled to dispute the Account Balance recorded on the statement. 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 statement was correct.

Where you dispute your Account Balance, we may (at our discretion):

  • credit your Account for all or part of the disputed amount; or
  • make other arrangements reasonably necessary to allow for the continued operation of your Account, until the dispute is resolved.

13. Changing the agreement

We may change this agreement (including any amount, Fee or deposit) and may assign or novate this agreement to another party by:

  1. publishing the changes on our website, 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 are as a result of changes in taxes, in which case this is not required). Changes to this agreement will apply from the date stated on our website or in the copy of the changes.

14. Suspension or Cancellation of the Linkt Registration

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 you being issued with a Toll Notice or a penalty notice and you may be liable for a fine.

The Linkt Registration of your Nominated 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 any or all of your Nominated Vehicles if:

  1. we are required to do so by law;
  2. your Automatic Payment fails or you fail to make a payment under this agreement; or
  3. for any other reason (including breach of this agreement by you) we reasonably consider suspension or cancellation of the Linkt Registration of your Nominated Vehicle is necessary.

We may suspend or cancel the Linkt Registration of any or all of your Nominated Vehicles if we reasonably believe your Account or any card linked to your Account or use of your Account:

  • is using our system to determine the validity of a credit card;
  • poses a risk to us or any third party, including the integrity, security or reliability of us or our system;
  • was obtained fraudulently or using false details; or
  • is being, or may be being, used for fraudulent, illegal, dishonest or malicious purposes.

We may suspend or cancel the Linkt Registration of any or all of your Nominated Vehicles 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 vehicle has been suspended or cancelled, you must first contact us by telephone to re-register your vehicle on the Linkt Register. Your vehicle will be re-registered on the Linkt Register when your Account Balance is zero.

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.

Any toll incurred for a vehicle registered to your Account during suspension will be charged to your Account on its re-registration. In addition, we may charge a Toll Notice Transfer Fee or Toll Administration Fee (as applicable) incurred in relation to Toll Notices issued during the period of suspension to your Account.

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 you being issued with a Toll Notice or a penalty notice and be liable for a fine.

If the Linkt Registration of all Nominated Vehicles linked to your Account is cancelled, then within 10 Business Days of receiving notice of that cancellation, you must pay any debit Account Balance and any other amount you owe us.

15. When this agreement ends

This agreement ends 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 that arose at or before the end or cancellation of this agreement.

16. Liability

To the maximum extent permitted by law, we 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 does not affect any rights, liabilities and responsibilities arising at law, including statutory consumer protection.

17. Notices

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

  1. personally;
  2. by being left at or sent to your Address;
  3. by being sent by fax to the fax number last notified to us;
  4. by sending an SMS message to the mobile phone number last notified to us;
  5. by sending an email to the email address last notified to us; or
  6. by publishing details on our website.

Notices to us may be sent or delivered:

  1. to our address;
  2. by fax to our fax number; or
  3. by email to our email address.

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:

  1. sent by a fax machine that 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;
  2. sent by post, they are taken to be received on the expiration of three Business Days after the date of posting;
  3. sent by SMS or email, they are taken to be received on the expiration of one Business Day after the date of sending;
  4. 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.

18. 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 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. View our Credit Reporting Policy online or contact us for a copy.

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 the operator's preferred tag service provider) and 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 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.

19. Online Services

Our online services (including our websites, apps, email communications, social media profiles and other online services) may use Google services such as Google Analytics, Google Ads and Google Maps (e.g. 'Autocomplete' for address entry) from time to time. By using our online services, you are agreeing to be bound by Google's Terms of Service.

20. Cashback Scheme

Cashback has been established by the NSW Government for motorists to claim back their M5 tolls (excluding GST and all other fees) from the RMS.

You may be eligible for Cashback if you:

  • drive a vehicle on the M5 which is registered in NSW with a private usage shown on the registration papers, e.g. "Private General" or "Charitable";
  • have a Tagless Account with us and tell us that you wish us to register your Account with the RMS for Cashback.

Find out more about the M5 Cashback scheme or contact us for more info on registering your Account for Cashback.

If you join Cashback, we are obliged to send to the RMS each month the name, address, Trip and toll details of customers who have informed us they wish to participate in Cashback. This is for RMS audit verification purposes. You consent to this disclosure.

Your Number Plate Details may be photographed at the M5 toll plaza for audit verification purposes. For further information about Cashback, contact RMS on 1300 133 310 or email cashback@rta.nsw.gov.au.

21. General

This agreement is the entire agreement

This agreement is the entire agreement about 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. 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.

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

Any provision of this agreement must be read down to the extent necessary to prevent that provision 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.

Interest

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

Waiving breaches of this agreement

Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because it:

  • fails to exercise it;
  • only exercises part of it; or
  • delays in exercising it.

A waiver of one breach of a provision of this agreement does not operate as a waiver of another breach of the same provision or any other provision. A right of ours created under this agreement may only be waived in writing signed by us.

Representations and warranties

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

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.

22. 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 two 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 Sydney;
  6. a provision of this agreement must not be interpreted against us just because we prepared this 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. a reference to a clause is a reference to a clause of this agreement.

This agreement and the transactions contemplated by this agreement are governed by the laws of New South Wales.

23. Definitions

Account means your account with us;

Account Balance means the total of all of the payments (and other amounts) which have been credited to your Account less any toll, Fee, tax, charge or other amount which is debited to your Account;

Address means the last mailing address advised to us;

Automatic Payment means the standing authorisation given by you to us over an accepted debit/credit card;

Bank means any bank or financial institution including a credit card provider;

Business Day means any day that is not a Saturday, Sunday or public holiday in NSW;

Cashback means the M5 Cashback Scheme established by the NSW Government;

Class means a class of vehicle as defined in the relevant Concession Deed or Project Deed;

Credit Reporting Policy means the credit reporting policy available from our website;

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 Account to pay that toll. For further details, please refer to our website;

Fee means any fee or other amount payable to us by you when certain events occur, as set out in clause 24;

Linkt Register means the register of vehicles that are subject to customer service agreements established and maintained by us;

Linkt Registration means the registration by us of your vehicle on the Linkt Register by linking it to your Account;

Minimum Top-up Amount has the meaning given in clause 24;

Nominated Vehicle means each vehicle you have asked us to link to your Account and is registered on the Linkt Register;

Number Plate Details means the combination of numbers, letters or numbers and letters, and the State of registration on the number plate of your Nominated Vehicle, as assigned to that vehicle by the relevant vehicle registration authority (e.g. RMS);

Payment Card Surcharge has the meaning given in clause 24;

Privacy Policy means the privacy policy available from our website;

RMS means the Roads and Maritime Services of New South Wales;

Toll Administration Fee has the meaning given in clause 24;

Toll Notice is a request for payment (or further request for payment) which may include tolls payable by you and a Toll Administration Fee;

Toll Notice Transfer Fee has the meaning given in clause 24;

Tolling Customer Ombudsman means the ombudsman for the tolling industry. The contact details for the Tolling Customer Ombudsman are available on our website;

Trip means the driving of a vehicle in one direction through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on a single Eligible Toll Road;

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.

you/your means you, the customer, who has opened the Account with us and your properly authorised agents.

24. Fees and other amounts relevant to your Account

The following Fees and amounts are payable as described in this table (inclusive of Goods and Services Tax (GST) where applicable).

Fee or amount Description Amount, Fee or Charge

Minimum Top-up Amount

The amount charged to your nominated credit/debit card after your Account Balance is below $0.

The amount necessary to return your Account Balance to $0.00

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 when you visit www.linkt.com.au.

Statement Fee

Fee payable for statements

Free via e-mail

$2.75 for regular statements by post

$3.30 per additional statement by post.

Start-Up Fee

The amount charged when your Account is set up.

$3.30 for Account set up at the call centre or any channel other than linkt.com.au

$1.50 for Account set up at linkt.com.au

Toll Administration Fee

An amount that may be payable in relation to a Toll Notice.

For details please refer to our website.

Toll Notice Transfer Fee

The Fee is fixed by an operator of an Eligible Toll Road and is payable if you receive a Toll Notice and elect to charge it to your Account.

For details please refer to our website.

Vehicle Matching Fee

We will debit the Vehicle Matching Fee from your Account (as well as tolls), for each Trip that each Nominated Vehicle is detected as having been taken on any Eligible Toll Road.

For details please refer to our website.