Terms and Conditions

- Website use - Terms and Conditions
- Prepaid Toll Account - Terms And Conditions

WEBSITE USE - TERMS AND CONDITIONS

DISCLAIMER
This website and the material it contains are subject to Australian copyright laws. All rights are reserved. The material on this site may be used for personal use but must not in other respects be used or reproduced without prior written consent from Interlink Roads Pty Limited (Interlink).

The information contained on this website is of a general nature and cannot be construed as expert advice. Although this site is regularly monitored and updated, Interlink cannot guarantee that the information contained is up to date. Information regarding road and traffic conditions can be subject to sudden change and it is recommended that further enquiries be made before relying on this information. Interlink disclaims any liability for anything done or arising from reliance on the information on this website.

This website provides links to other websites which may assist persons in relation to traffic and motorway matters. These links are provided on the understanding that Interlink does not endorse those websites, nor does it warrant the accuracy of the material they contain.

PRIVACY STATEMENT
This section contains the privacy policy of Interlink Roads Pty Ltd the operator on the M5 South West Motorway (M5). You may review individual parts of this policy by clicking below:

INTERLINK ROADS PRIVACY POLICY
A number of aspects of our operations have the potential to impact on the personal and business privacy of our customers. This policy has been developed by Interlink as part of our ongoing commitment to the protection of our customers' privacy. We are committed to the maintenance of procedures and practices for the management of customers' personal information that will at all times comply with the recommendations of Australian Standard AS 4721 'Personal privacy practices for the electronic tolling industry' and Australia's National Privacy Principles.

Justification
By nature of its business Interlink Roads Pty Ltd collects and records information about vehicle movements. Whilst the data collected by our Electronic Toll Collection systems relate directly to vehicles rather than individuals, Interlink does have the ability to link this information with individual vehicle owners and/or drivers for the purposes of billing, answering customer queries and resolving complaints. The monitoring of customers' toll usage will be used for billing purposes only, unless specific permission is sought from and granted by our customers in writing.

Use and Disclosure
Interlink will ensure that all personal information collected or transferred to it will be used only for those legitimate purposes that are necessary to carrying on its business. Interlink will not at any time sell or give personal information on its customers to other organisations for their marketing purposes.

Working arrangements between toll road operators and associated legal and regulatory authorities designed to minimise the complexity of transactions and facilitate customer service, by necessity involve the transfer of information between these parties. Interlink will at all times transfer only the minimum of information necessary for effective and efficient management of customer accounts. When new arrangements are contemplated customers will be notified and given the opportunity to 'opt out' of any such arrangements.

Security and Accountability
Interlink will, wherever possible, collect information directly from its customers. We will ensure that customer information will be managed and stored safely and securely for the minimum time necessary and the company's records registers will specify the minimum and maximum retention times for such records. We will take all possible steps to ensure that personal information is protected against unauthorised access, use disclosure or modification and against loss. We are open to all reasonable public scrutiny of our management of customers' personal information.

Certain Interlink personnel have access to personal information including customers' account information for the purposes of answering queries or resolving problems at the plaza. Interlink will manage the use of personal information through a regime of access rights, password protection and effective supervision to ensure customers' privacy is respected and maintained.

Quality of Information, Access, and Correction
Interlink will ensure that all information collected will be relevant to the purposes for which it is intended, and to the extent necessary for those purposes, will be accurate and complete. Information will be destroyed once it is no longer necessary for the purpose for which it was originally collected.

Individuals have the right to have access to their personal information and have incorrect information corrected. Any complaints concerning personal privacy issues will be processed through the company's complaints mechanism.

M5 MOTORWAY CUSTOMER PRIVACY ADVICE
This advice sheet has been prepared by Interlink Roads as part of its commitment to maintaining the personal privacy of its customers and provides you with important information regarding your privacy rights. Please read the following information carefully.

What Information Do We Collect?
Your Customer Account
Interlink collects information about you from which your identity is apparent or can reasonably be ascertained ("personal information") to process your application for a Toll Account and, if a Tag/card is issued to you, to maintain your Toll Account and to administer your use of the Tag/card. When dealing with our organisation we may monitor and record your telephone conversations with us for staff training and service quality control purposes.

Using the Motorway
1. When using a Tag/card on the M5, or one of our associated motorways, the following information may be recorded:
- The location of your Tag/card in a vehicle and the time of day
- The direction in which the vehicle was travelling
- Your account status

2. An image of your vehicle and its Licence Plate Number may be collected and recorded automatically when you pass through the toll plaza and do not pay the appropriate fee. This image may be be given to the NSW Roads and Traffic Authority and used for infringement processing.

3. For the safety of our staff and other motorway users we employ video surveillance throughout our facilities and as such our security cameras may record an image of you or your vehicle.

4. The NSW Roads and Traffic Authority maintain video surveillance cameras at certain locations along the motorway for traffic, audit and management purposes. These records are not made available to Interlink.

Anonymous Use
You have the option of electing to use our motorway anonymously by paying the toll with cash, in which case no record of the trip is made. If you wish no record to be made but you have a Tag installed, this will have to be removed or disabled (for example by wrapping it in foil or putting it in a metal enclosure) before arriving at the plaza to pay by cash.

Your Customer Record
All information collected by Interlink will be kept secure and you have the right of access to, or modification of, your record at any time. To arrange access to personal information we hold about you or to request a copy of our policy statement please contact our Privacy Officer.

Use of Information Collected
The information collected by Interlink will primarily be used for the purposes of managing your account with us. You agree, subject to the Privacy Act, that we may disclose your personal information to organisations to which we have outsourced some of our functions such as mailing houses and IT contractors (service providers) and to the following organisations or types of organisations:

Nominated Financial Institution: We may exchange relevant information with financial institutions nominated in your application form to process transactions. In addition where you are in default on the account we may notify and exchange personal information where appropriate with credit agencies and/or our collection agent.

Roads and Traffic Authority: Interlink is obliged to transfer information to the Roads and Traffic Authority for the purposes of infringement processing and management of the Cashback scheme.

Law Enforcement Agencies: We will make personal information available to law enforcement or regulatory agencies only if Interlink is served with a legally enforceable court order.

Research Institutions: Interlink may occasionally provide de-identified or anonymous data to other organisations or traffic authorities for traffic research purposes. In such cases Interlink will ensure that there will be no means of correlating the data to individual customers' personal data.

Travel Time: Interlink may use anonymous Tag data to calculate travel time between points on the motorway. This data will be stored on secure computers and will be deleted immediately following calculation of travel time. It will not be possible to correlate the data collected to individual customer data.

Marketing: We will not disclose your personal details to any other organisation for marketing purposes. We may use the details on the application form to advise you of new products or services from our motorway partners or ourselves. If you do not want to use the details on the form for this purpose you may request us to remove you from these notifications.

Other Tag Issuers: If arrangements under which Interlink administers your use of a Tag are terminated, or if Interlink assigns or delegates its rights and obligations to a third party, it may be necessary for Interlink to disclose your personal information to another party to enable that party to manage your account in place of Interlink or to enter into a similar arrangement with you. Interlink will ensure that it will not hand over personal information to another party unless that party agrees to:
- Stand by the commitments Interlink has made to you: or
- Inform you of changes to those commitments to enable you to close your account should you wish to do so.

WEBSITE USER PRIVACY STATEMENT

Information Collection and Use

Interlink is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site.

Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links
This web site contains links to other sites. Please be aware that Interlink is not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by this web site.

Security
Please see the previous sections above
If you have any questions about the security of our web site, you can send an email to irpl@interlinkroads.com.au.

Notification of Changes
If we decide to change our privacy policy, we will post those changes on our web site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

PREPAID TOLL ACCOUNT - TERMS AND CONDITIONS

1. Definitions
"Card" means the motorcycle card device, or such other similar card device, provided to you to enable the satisfaction of tolls by way of electronic debits to the Toll Account.

"Electronic Tolling Lane" means a tolling lane which does not provide for cash payments.

"Owner" means Interlink Roads Pty Limited ABN 53 003 845 430 and its businesses known as "E-way®" or "SETA".

"Tag" means the tag device provided to you to enable the satisfaction of tolls by way of electronic debits to the Toll Account.

"Terms" means these terms and conditions, any applicable fees and charges notified to you from time to time and the relevant application.

"Toll Account" means an account opened by you with the Owner for the purpose of accounting for tolls, fees and charges (including taxes) incurred by you or on your behalf. "you" means the person or company in whose name the Toll Account is opened (and "your" has a corresponding meaning).

2. Setting Up a Toll Account
2.1 To open a Toll Account you must:
(a) give the Owner a signed and completed application form, including details of the licence plate number(s) of the vehicle(s) for which the Toll Account is to be applicable;

(b) deposit an initial prepayment in the Toll Account; and

(c) if required by the Owner, pay a security deposit to the Owner for each Tag and/or Card provided.
If you fail to do this, your application will not proceed.

2.2 In relation to 2.1(a), you must ensure that the licence plate nominated for your Toll Account:
(a) complies with all applicable laws (including the positioning of the licence plate on the vehicle);

(b) is not obscured or damaged; and

(c) is visible at all times when using an Electronic Tolling Lane.

2.3 You must immediately notify the Owner of any changes to the details supplied in the application form.

3. Provision of Tag(s) and/or Card(s)
3.1 If your application is accepted by the Owner, the Owner will provide you with one or more Tags and/or Cards (as specified in the application form).

3.2 When you obtain a Tag or Card we will register it, and the details provided in your application form, to your Toll Account.

3.3 Tags and/or Cards remain the property of the Owner and you must not sell or otherwise dispose of any Tag and/or Card or the right to use any Tag and/or Card, although you may allow another person to use your Tag and/or Card.

3.4 Any Tag and/or Card provided by the Owner (at any time) must be fitted in accordance with instructions provided with the Tag and/or Card. If a Tag and/or Card is not properly fitted it will not be able to be read. The Owner may charge you a fee for the resulting toll violation.

3.5 If you have more than one Tag and/or Card in your vehicle at any time it is your responsibility to shield one of the Tags and/or Cards from being read. If the correctly fitted Tag or Card and any other Tag or Card in your vehicle is read you will be charged the relevant toll and the Owner will not be liable to reimburse you.

4. Operation of Tags and/or Cards and your Toll Account
4.1 Tags and/or Cards may only be used to satisfy tolls, charges or fees on those tollroads advised by the Owner from time to time ("participating tollroads"). Those tollroads may change.

4.2 Each time a vehicle bearing a licence plate nominated for your Toll Account passes through an Electronic Tolling Lane on a participating tollroad it may be read using photographic, video or optical character recognition technology ("LPN Technology"). If the LPN Technology recognises the licence plate nominated for your Toll Account, and a valid Tag is not registered as present in the vehicle, an image of your vehicle and its licence plate number may be collected and recorded. If this occurs, the participating tollroad will register a transaction to your Toll Account and the applicable toll, fees and charges will be debited from your Toll Account. The image may also be used for infringement processing.

4.3 Each time a Tag and/or Card is used for the electronic satisfaction of a toll or any other charge or fee on a participating tollroad, whether by you or anybody else (authorised or not) the Toll Account will be debited with the applicable toll charge or other charge or fee. All tolls, charges and fees include GST (unless otherwise indicated).

4.4 The Owner will provide you with a quarterly statement of the Toll Account setting out the payments received and the tolls and other charges or fees incurred. Statements may be provided by the Owner by post, fax or the internet.

4.5 Replacement statements are available for a charge.

4.6 The Owner retains trip data in an electronic form for a period of 6 months. Replacement statements for trips which were taken more than 6 months prior to the date of request may not show the record of the individual trips taken with your Tag(s) and/or Card(s).

5. Payment alternatives
5.1 The fees and charges associated with your Toll Account (other than the tolls charged by the participating tollroads) are made available by the Owner to you from time to time and appear on the Owner's website.

5.2 If you have elected to pay by debiting a bank, building society or credit union account, the terms and conditions of the direct debit request service agreement will apply.

5.3 If you have elected to pay by a credit card (acceptable to the Owner) ("nominated credit card"), the following terms apply:
(a) you authorise the Owner to debit the nominated credit card to automatically top-up your Toll Account with the top-up amount nominated by you once the Toll Account falls below the nominated threshold amount; and

(b) you must immediately notify the Owner if your nominated credit card expires, is cancelled, suspended or otherwise not useable. You must immediately provide the Owner with a signed authority to debit an alternative valid credit card.

5.4 Sometimes, due to an internet or telephone connection or power failure, the Owner may not be able to access your bank, building society or credit union account or credit card to top up your Toll Account. If this occurs, you release the Owner from any liability that you may incur for any toll, fee, charge or fine incurred on your Toll Account.

5.5 The Owner will not pay interest on any amount held by the Owner whether or not the amount is returned or refunded to you.

5.6 If your Toll Account has no credit funds the Owner may de-activate your Tag(s) and/or Card(s) without notice.

5.7 If Owner has to de-activate your Tag(s) and/or Card(s):
(a) your Tag(s) and/or Card(s) and Toll Account will be marked as de-activated;

(b) the Owner will send a signal to your Tag(s) to give 4 beeps each time your Tag(s) pass through a tolling lane;

(c) the Owner will notify the participating tollroads that your Tag(s) and/or Card(s) has/have been de-activated;

(d) you must not use your Tag(s) and/or Card(s) to pay a toll on a participating tollroad while your Toll Account is de-activated; and

(e) any violations, costs, fees or charges that are incurred by you while your Toll Account is de-activated will be to your account. The Owner may charge you a fee for charging violations, costs, fees or charges that are incurred by you while your Toll Account is de-activated to your Toll Account.

6. Stolen or Defective Tags and/or Cards
6.1 If a Tag and/or Card is lost, stolen, malfunctions or is in any way defective you must immediately notify the Owner. Any security deposit paid in accordance with clause 2.1(c) of this Agreement will be forfeited if your Tag and/or Card is lost or stolen and the Owner will de activate the Tag and/or Card after such notification and will notify the participating tollroads that the Tag and/or Card can no longer be used. You are liable for tolls, charges and fees satisfied with a lost or stolen Tag and/or Card until the time that the Owner is able to de-activate the Tag and/or Card and has notified the participating tollroads that the Tag and/or Card has been de-activated.

6.2 A Tag and/or Card that is defective otherwise than by your fault will be replaced by the Owner at no cost to you. You must pay all costs (including the cost of delivery) to replace any other Tag and/or Card.

6.3 To the extent permitted by law, the Owner is not liable for any claims made by you if a Tag and/or Card fails to work or is invalidated whether or not caused by the Owner or caused by circumstances beyond the control of the Owner.

6A. Consequences of failing to pay the applicable toll
6A.1 If a Tag and/or Card is not read in a tolling lane which also provides for cash payment, you must pay the applicable toll with cash. If you do not pay the applicable toll with cash, the relevant participating tollroads will either:
(a) debit your toll account with the applicable toll, fees or charges; or

(b) if your credit balance is insufficient to cover the toll, fees or charges, issue you with a deferred toll (violation letter) which will include an additional charge.

6A.2 If a Tag is not read in an Electronic Tolling Lane, the relevant participating tollroads will either:
(a) debit your toll account with the applicable toll, fees or charges; or

(b) if your credit balance is insufficient to cover the toll, fees or charges, issue you with a deferred toll (violation letter) which will include an additional charge.

6A.3 The additional charge will not be payable if you establish to the Owner's satisfaction that the Tag and/or Card was defective otherwise than by your fault but, in the case of a Tag, will be payable if the Tag was incorrectly fitted.

7. Inactive Toll Accounts
7.1 If the Toll Account:
(a) credit balance falls below the minimum threshold amount notified by the Owner to the Customer from time to time, and:
(i) in the case of a Toll Account with a direct debit authority, the Owner is unable to automatically direct debit your nominated account; or

(ii) in the case of a Toll Account with a credit card authority, the Owner is unable to automatically debit your nominated credit card; or

(iii) in the case of a Toll Account established by a cash payment, your quarterly Toll Account statement is returned to the Owner and marked "return to sender"; or

(b) has not been used for a continuous period of 6 months,
the Owner will mark the Toll Account as "inactive".

7.2 When a Toll Account is marked "inactive" the Owner may charge an administration fee for maintaining the Toll Account.

8. Closed Toll Accounts
If a Toll Account is "inactive" for a period of six years:
(a) the Owner will close the Toll Account;

(b) the security deposit, if any, for each Tag and/or Card provided under the Toll Account will be forfeited to the Owner;

(c) the Owner will deduct such fees and charges from the remaining credit balance in the Toll Account (if any) as it reasonably incurs in closing the Toll Account; and

(d) the remaining credit balance in the Toll Account (if any) will be subject to the Unclaimed Money Act 1995 (NSW).

9. Termination
9.1 The Owner may, at its discretion and without giving notice or a reason, de-activate, take possession of or require you to return any Tags and/or Cards and close your Toll Account and the security deposit, if any, for your Tags and/or Cards which are not returned will be forfeited to the Owner.

9.2 You may close the Toll Account at any time by notifying the Owner in writing, paying any debit balance of the Toll Account and returning all Tags and/or Cards.

9.3 The Owner will refund any applicable security deposit to you following the return of the Tag(s) and/or Card(s) to the Owner in good condition and working order if you close your Toll Account.

9.4 On termination of these Terms, after deducting any accrued tolls, charges and fees:
(a) if the balance of your Toll Account is in credit, the Owner will return any credit balance in the Toll Account, including any security deposit (if applicable). The means of such payment will be at the discretion of the Owner; or

(b) if the balance of your Toll Account is in debit, you indemnify the Owner for any liability that it incurs as a result and you must pay any costs and expenses the Owner incurs (on a full indemnity basis) in recovering any outstanding amounts from you.

10. Cashback Scheme
The Owner does not operate or control the Cashback scheme. This is an initiative of the NSW Government and all enquiries about the scheme should be directed to the Roads and Traffic Authority of NSW ("RTA") on 1300 133 310. You expressly acknowledge that you have no rights against the Owner in relation to the Cashback scheme.

11. Privacy
11.1 The Owner respects your privacy. The Owner collects information about you from which your identity is apparent or can reasonably be ascertained ("personal information") to process your application for a Toll Account and, if a Tag and/or Card is issued to you, to maintain your Toll Account, to administer your use of the Tag and/or Card and to facilitate transactions relating to your use of participating tollroads.

11.2 The Owner may disclose your personal information to organisations to which it has outsourced some of its functions, such as mailing houses and IT contractors ("service providers") and to the following organisations or types of organisations:
(a) the financial institution at which your nominated credit card or bank account is held;

(b) credit agencies and/or our collection agency (if you default on an account we may notify and exchange personal information where appropriate);

(c) the RTA, for the purposes of infringement processing and the management of the Cashback Scheme;

(d) law enforcement or regulatory agencies, if we are served with a legally enforceable notice or order;

(e) participating tollroads, to assist with monitoring your use of the Tag and/or Card;

(f) other tag issuers, to facilitate transactions relating to use of a participating tollroad; and

(g) other organisations, if you elect to receive information about products and services offered or distributed by other organisations.

11.3 If you do not provide your personal information (or any part of it) the Owner may not be able to process your application for a Toll Account.

11.4 By agreeing to these Terms, you consent to the Owner using and disclosing your personal information in the manner described in these Terms.

11.5 Generally, you are able to gain access to your personal information on request.

11.6 If arrangements under which the Owner administers your use of a Tag and/or Card are terminated, or if a participating tollroad ceases to be a participating tollroad or the Owner assigns or novates its rights and/or obligations to a third party, it may be necessary for the Owner to disclose your personal information to another party to enable that party to administer your use of the Tag and/or Card in place of the Owner or to enter into a similar arrangement with you. By agreeing to these Terms, you consent to the Owner disclosing your personal information for this purpose.

12. General
12.1 The Owner may amend, vary, or replace these Terms, or any portion of them, without notice at its discretion.

12.2 The Owner may assign or novate its rights, interests and obligations under these Terms to any third party, without notice, at its absolute discretion.

12.3 If you are required to give notice to the Owner under these Terms, it should be sent to the address, fax number or email address set out on the application (or such other address, fax number or email address that the Owner may advise you of from time to time). The Owner will send any notice to you as required under these Terms to the address notified by you in the application form, or such other address you notify to the Owner from time to time.

12.4 These Terms are governed by and to be construed in accordance with the laws of the state of New South Wales. Any action or other legal process in connection with the Terms shall be instituted and carried on only in the appropriate court of the state of New South Wales and you irrevocably consent to the jurisdiction of the courts of that State.