Terms & Conditions

Regular account

These Terms replace all previous Tag and/or Card terms and conditions. Continued use of a Tag and/or Card by you constitutes your acceptance of these Terms.

1 February 2017

These Terms replace all previous terms and conditions. Continued use of Your Regular Toll Account constitutes agreement to these Terms.

E-way may amend, vary or replace these Terms or any portion of them and amend any applicable Fees and Charges without notice and at its discretion. 

If you do not agree to operate Your Regular Toll Account under any of these Terms, do not submit your application for a Regular Toll Account.

1.  Applying for a Regular Toll Account

When applying for a Regular Toll Account to E-way You agree to:

a. provide all details as required by E-way to properly establish a Regular Toll Account including a Number Plate. You must ensure that the Number Plate(s) nominated for Your Regular Toll Account:

i.   comply with all applicable laws (including the positioning of the Number Plate on the Vehicle);
ii.  are not obscured or damaged; and
iii. are visible at all times when using an Electronic Tolling Point;

b. authorise E-way to deposit an initial prepayment to Your Regular Toll Account against Your nominated bank account/credit or debit card;

c. if required by E-way,  authorise the charge of a deposit for Your Tag against Your nominated bank account/credit or debit card on acceptance of application; and

d. operate Your Regular Toll Account under these Terms.

On successful acceptance of Your application by E-way, Your Regular Toll Account will be established and You may be issued with a Tag or Tags.

2.  Updating Regular Toll Account details

You are responsible for notifying E-way if there are any changes in the information associated to Your Regular Toll Account, including Your name, address and contact details.

3.  Identification of trips by Tag

Tags may be used to register trips on any Toll Roads.

Each time Your Tag passes through a Tolling Point, it should “beep” once. This indicates that Your Tag and Regular Toll Account  is operating normally.

If no “beep” sound is made when Your Tag passes through a Tolling Point, it may indicate there is a problem with Your Tag or the way in which your Tag has been installed in Your Vehicle. You may complete the Trip, but You are responsible for resolving the problem by contacting E-way before You next travel on a Toll Road.

If more than one 'beep' is made by Your Tag when it passes through a Tolling Point, it may indicate: 

(a) Your Regular Toll Account balance is below the Top Up Trigger, or Your automatic payment facility may have failed. It is your responsibility to ensure that your Regular Toll Account has sufficient balance to satisfy any Tolls and charges.

(b) the Tag or the associated Regular Toll Account has been suspended or cancelled. You may receive a Toll Notice or a Penalty Notice from a Regulatory Body and be liable for the payment of Tolls and additional charges, a Toll Notice fee and/or a fine. You must contact E-way before You next use your Tag to travel on a Toll Road.

Each time Your Tag registers a trip on a Toll Road, whether by You or anybody else (authorised or not), the Toll and any associated charges will be debited to Your Regular Toll Account.   

You agree:

a. to provide all reasonable protection for Your Tag to prevent it from becoming lost, stolen or damaged;

b. to advise E-way immediately should Your tag become lost, stolen, damaged or in any other way malfunctions;

c. to advise E-way immediately if You become aware your Tag may not be working correctly; and

d. should there be multiple  Tags in Your Vehicle, to take appropriate measures by shielding all but one Tag such as using a metal envelope over the excess Tag(s) or by encasing the excess Tag(s) in foil.

E-way will not be liable to reimburse You for the payment of any Tolls to your Regular Toll Account for failure to protect your Tag, or to report it lost or stolen

You must install Your Tag in Your Vehicle according to the instructions provided by E-way. If not, E-way may recover from You an additional fee, including a fee for identifying Your Vehicle by its Number Plate.

4.  Identification of trips by Number Plates

Number Plates may be used to register a trip on a Toll Road when a Tag is not identified at an Electronic Tolling Point and the Number Plates have been registered on Your Regular Tolling Account.

Each time your Number Plates register a trip, whether by you or anybody else (authorised or not), the Toll and any charges will be debited to Your Regular Toll Account.

You agree:

a. to remove the Number Plates or advise E-way to remove the Number Plates immediately from your Regular Toll Account once a Vehicle carrying your Number Plates is sold (note: advising of transfer of ownership to RMS or other regulatory body is not advice to E-way)

b. to remove the Number Plates or advise E-way to remove the Number Plates immediately from your Regular Toll account once the Number Plates are handed over to a Regulatory Body; and

c. advising a Regulatory Body of the sale or transfer of a Vehicle does not constitute advice to E-way.

If you do not do any of the above, E-way will not be liable to reimburse You for any relevant Tolls and any charges to Your Regular Toll Account up until the point you remove or advise E-way to remove the Number Plate from your Regular Toll Account.

5.  Non-payment of Tolls and termination of Regular Toll Account

If Your Tag is not read at a Tolling Point, the relevant Toll Road will either:

a.  match Your Number Plate, if Your Number Plate is registered  to Your Regular Account, when Your Vehicle goes through a Tolling Point and debit Your Regular Toll Account with the applicable Toll and charges; or

b. issue You with a Toll Notice which will include additional charges.

E-way may waive, at its discretion, additional charges for any reason, including if the Tag was defective or if the charge was not caused by Your act or omission.

If Your Regular Toll Account has been suspended, any Tags and Number Plate(s) associated with Your Regular Toll Account will no longer be registered to travel on Toll Roads.  Under these circumstances, travel on Toll Roads may result in a Toll Notice or a Penalty Notice and You may be liable for additional charges.

E-way may suspend or terminate your Regular Toll Account:

a. if there are no funds available to pay for Tolls;

b. if E-way are required to do so by law; or

c. at E-way's discretion.

6.  Statement of account

A statement of account setting out any Tolls and Charges incurred and any payments made, is available for viewing on a monthly and/or quarterly basis on E-way's website via the unique user name and the password authorised by E-way for your Regular Toll Account.  Mailed statements are available for a fee and are sent to Your address.

Toll prices are listed on the website of each Toll Road, however any applicable Tolls and charges may be amended from time to time at the discretion of the operator responsible for that Toll Road.

You agree:

a. to check all items on your statement for Your Regular Toll Account are correct;

b. immediately notify E-way if You find any entries that you believe are incorrect stating the reason and evidence for your claim;

c. if a claim is not made within six (6) months after the date of the statement a charge may be made to investigate the claim; and

d. that E-way is not responsible for any incorrect items on your statement that You do not bring to E-way’s attention.

7.  Payment or “Top Up” by  bank account or credit card

If You provide your bank account details, You agree under the Direct Debit Service Agreement located on tollpay.com.au/guides-and-forms that You have authorised E-way to Top Up Your Regular Toll Account by debiting against Your bank account on a nominated date, or as determined by E-way.

If You provide Your credit or debit card details, You agree that You have authorised E-way to Top Up Your Regular Toll Account by debiting against Your credit or debit card on a date as determined by E-way.

In keeping with the authorisations in this Clause 7 for your bank account or credit or debit card, You agree:

a. to ensure there is sufficient money in Your nominated bank account/credit or debit card to meet the payment;

b. to amend Your nominated bank account/credit or debit card details should there be any changes to Your bank account details

Should there be no funds available to pay for Tolls, E-way may suspend the account until such time as funds become available.

E-way will not be liable to reimburse You any Tolls or charges resulting from our suspending Your Regular Toll Account or not being able to process Toll Road trips.

E-way will not be liable to pay interest on any amount E-way owes or withholds under this Clause 7, whether or not the amount is returned or refunded to You.
 

8.  Account and/or Tag de-activation

If Your Regular Toll Account goes into debit E-way may de-activate Your Regular Toll Account and/or Tag without notice. 

If we have to de-activate Your Regular Toll Account and/or Tag:

a. Your Tag and Regular Toll Account will be marked as de-activated;

b. Your Tag will "beep" more than once when it passes through a Tolling Point;  

c. E-way will notify the participating Toll Roads that Your Tag has been de-activated;

d. You cannot use Your Tag to pay a Toll on a Toll Road while Your Regular Toll Account is de-activated; and

e. Any Toll incurred on Your Regular Toll Account while it is de-activated will be charged to Your Regular Toll Account on its re-activation.  In addition, E-way may charge You a fee for costs or charges that are incurred while Your Regular Toll Account is de-activated.

E-way will attempt to contact You should Your Regular Toll Account go into debit and will take all reasonable steps to work with You to bring your Regular Toll Account back into order.  E-way reserves the right to forward, on our determination, any outstanding monies owed to a debt collection agency for the purpose of redeeming such outstanding monies.  E-way may charge You a fee for costs, or charges incurred by collection of any debt.

9.  Termination of account

E-way reserves the right to terminate Your Regular Toll Account at its discretion and without giving notice or reason.

You may close Your Regular Toll Account at any time by notifying E-way by phone, email or in writing and returning all Tags associated with Your Regular Toll Account.

You agree that E-way will not refund tag deposits for tags You do not return in good condition and working order. 

10  Cashback Scheme

E-way does not operate or control the Cashback Scheme.  This is an initiative of the NSW Government and enquiries about this Scheme should be directed to the Roads and Maritime Services (RMS) on 1300 133 310.  You expressly acknowledge that you have no rights against E-way in relation to the Cashback Scheme.

11. Privacy

E-way will comply with the Privacy and Security Policy located on tollpay.com.au/privacy-and-security which sets out how E-way collects, uses, stores and discloses personal information as per these Terms.

12. General

E-way may amend, vary, or replace these Terms, or any portion of them at E-way’s discretion and without any notification. Changes will be advertised on the E-way website at least 15 Business Days before and three months after the date the change applies.

E-way may assign or novate its rights, interests and obligations under these Terms to any third party, without notice, at its absolute discretion.

If You are required to give notice to E-way under these Terms, use the contact details on the E-way website.  We will send any notice to You as required under these Terms to the address provided by You in Your Regular Toll Account application, or such other address notified by You to E-way.

13. Disclaimer

The Australian Consumer Law, provides that goods and services come with guarantees that cannot be excluded. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings and other legal rights that You may have available under the Australian Consumer Law and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or any other law are expressly excluded where permitted. 

While E-way seeks to ensure the effectiveness of the Tag and Holder, E-way makes no representation as to the accuracy, reliability or safety of the Tag, Holder, user instructions or warnings. E-way expressly disclaims liability for any errors or omissions in the Tag, Holder, user instructions or warnings.

14. Limitation of Liability

Subject to Clause 17 - Severability below, E-way’s total liability under these Terms, whether in contract, under statute (including in respect of a breach of a condition, warranty or undertaking implied under law), in tort (including negligence) or otherwise under or in connection with these Terms or the provision of the Regular Toll Account, Tags or Holders is limited to the replacement of the Tag or Holder or the supply of equivalent goods.

15. Disclaimer of consequential loss or damage

Except to the extent required by law, including the Australian Consumer Law, in no event shall E-way be liable to You or any third party whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms or the provision of the Regular Toll Account or Tags or Holders for or in respect of any indirect or consequential loss of whatever nature, or any special, incidental or punitive loss or damage, or loss of profit or loss of business.

16. Indemnity

You indemnify E-way, and keep E-way indemnified, against all and any losses, costs, expenses, claims, demands and damages of whatsoever nature and howsoever incurred by You or any third party arising out of or in connection with Your use of the Regular Toll Account or the installation or use of the Tag or Holder.

17. Severability

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, E-way’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect E-way’s ability to enforce such term at any point in the future.

19. Communications

You consent to receive notices and information from E-way in respect of Your Regular Toll Account by electronic communication.

20. Entire agreement

These Terms constitute the entire agreement between You and E-way with respect to the use of Your Regular Toll Account, Tag and Holder.

21. Jurisdiction and governing Law

These Terms are governed by and to be construed in accordance with the laws of the state of New South Wales, Australia. 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 non-exclusive jurisdiction of the courts there.

22. Definitions

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

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

E-way means Interlink Roads Pty Limited ABN 53 003 845 430 (“Interlink”) and its business known as "E-way";

Fees means the fees and charges that may be levied by E-way and include GST (unless otherwise indicated) and are outlined on the E-way website, tollpay.com.au/fees-charges

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;

Holder means the bracket or any other device provided to You by E-way for the purpose of holding Your Tag and which may be attached to a Vehicle or person;

Number Plate means the set of numbers and letters the NSW Roads and Maritime Services or an equivalent Regulatory Body of another Australia jurisdiction has allocated to Your Vehicle that are displayed on the metal plates fixed to the front and rear of Your Vehicle;

Penalty Notice means a notice requiring the payment of a penalty from  a Regulatory Body for the non-payment of a Toll or for any other offence committed in your Vehicle relating to Tolls as prescribed by an act or regulation in the jurisdiction the offence occurred in;

Regulatory Body means a body formed or mandated by the State or Federal Government or by a legislative act or regulation to carry out a specified function;

Regular Toll Account means an account opened by You and E-way for the purpose of paying Tolls and Fees incurred by You or on Your behalf;

Tag means the tag device provided to You to enable the electronic payment of Tolls;

Terms means these Regular Toll Account Terms and Conditions as amended from time to time;

Toll means all fees imposed or levied by the operator of a Toll Road relating to each trip taken by a Vehicle;

Toll Notice means a notice, including a final toll notice, requiring payment of a Toll and any other fees and charges imposed for use of a Toll Road by your Vehicle without having appropriate arrangements in place to pay for the Toll;

Toll Roads means any motorways, roads, tunnels and bridges in Australia, as nominated by E-way, that requires a Toll to be paid for a Vehicle to travel across it;

Tolling Point means a toll gantry or any other toll point on a Toll Road;

Top Up means to replenish a Regular Toll Account with funds;

Top Up Trigger means the nominated amount of money to reach for a Regular Toll Account to automatically Top Up funds from a nominated credit or debit card or bank account;

Vehicle means a car – a three axle vehicle under 2.0 metres in height or a two axle vehicle under 2.8 metres in height – or a truck – all other vehicles that do not meet the definition of a car; and

You means the person in whose name the Regular Toll Account is opened (and ‘Your’ has a corresponding meaning).

Beep 'N Pay account

1 February 2017

These Terms replace all previous Beep ‘N Pay Account terms and conditions and constitute a binding agreement between You and Us. Continued use of the Beep ‘N Pay Account by You constitutes Your acceptance of these Terms.

1. Setting up a Beep ‘N Pay Account

1.1 To open a Beep ‘N Pay Account You must:

(a) require a personal toll account for one Car only;

(b) not require more than $50 worth of toll transactions per day (including associated fees and charges);

(c) complete and submit the online application form, including Number Plate Details of the Car that the Beep ‘N Pay Account applies to. You must ensure that the personal information provided to us as part of this registration process is accurate and current;

(d) nominate a credit or debit card to pay the account opening fee, and

(e) authorise ongoing payments from the nominated credit or debit card for future payment of tolls, fees and charges.

If you fail to do this, Your application will not proceed.

1.2 Number Plate Details

In addition to 1.1(c), You must ensure that the Number Plate Details nominated for Your Beep 'N Pay Account:

(a) comply with all applicable laws (including the positioning of the number plate on the Car);

(b) are not obscured or damaged; and

(c) are visible at all times when using an Electronic Tolling Point.

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

2. Getting your Tag

2.1 Equipment provided

If Your application is accepted by Us, We will provide You with one Car Tag and one holder for a sloped Car windscreen. We will provide a Tag and register it, and the details provided in Your application form, to Your Beep ‘N Pay Account.

2.2 Installing your Tag

The Tag must be fitted according to the instructions provided. Otherwise, the Tag may not be properly read at an Electronic Tolling Point. We may recover from You a fee or charge for the resulting Car matching process or (subject to clause 7) You may incur a toll notice or fine  if the Tag is not read for any reason, including where it was not properly fitted.

2.3 Your responsibility to shield any additional Tag

If You have more than one Tag in Your Car at any time it is Your responsibility to ensure that any additional Tag is appropriately shielded to avoid being read at the toll (eg. by not keeping the additional Tag in your Car while using the Beep 'N Pay Tag, or by placing the extra Tag in a metal container or covering it with foil).  If the correctly fitted Tag and any other Tag in Your Car is read, even if you have tried to shield the extra tag, You will be charged the relevant tolls on the Beep ‘N Pay Account and We will not be liable to reimburse You.

3. How your tag and account works

(a) Tags may be used to pay tolls, charges or fees on all toll roads, tunnels and bridges in Australia.

(b) Photographic, video or optical character recognition technology at toll points also enable vehicle and Number Plate Details to be captured and used for toll payments. Where there is no Tag detected in the Car these Number Plate Details are used to match the toll, and any applicable fees and charges, to your Beep ‘N Pay account. The Number Plate Details may also be used for infringement processing.

(c) You must notify Us if You dispose of any Car bearing the Number Plate Details for Your Beep ‘N Pay Account. Until We receive this notification You remain responsible for any toll or other fee charged to Your Beep ‘N Pay Account.

(d) You must not give, resell or assign Your Beep ‘N Pay Account, Your Tag or Your rights or obligations under these Terms to any other person.

(e) If You acquire a new Car and intend to continue using the Tag, You must notify Us of the Number Plate Details of the new Car. The new Number Plate Details nominated to Your Beep ‘N Pay Account must be changed before You use the Tag.

(f) Each time Your Tag is used for payment of a toll or any other charge or fee on a toll road, whether by You or anybody else (authorised or not), the Beep ‘N Pay Account will be debited the applicable amount. All tolls, charges and fees include GST (unless otherwise indicated).

(g) We will provide You, via Our website, a monthly statement of the Beep ‘N Pay Account setting out the payments received and the tolls and other charges or fees incurred.

(h) It is Your responsibility to check that all items on Your statement are correct. If You find any entries that You believe are incorrect You need to notify Us in writing stating the reason for Your claim. If a claim is not made within six months after the date of the statement on which the item that the claim relates to appears, a charge may be made to investigate the claim.

(i) Mailed statements are available for a fee.

4. Paying your account

Refer to Our website at www.tollpay.com.au for a list of the current fees and charges associated with Your Beep ‘N Pay Account. Current toll prices are listed on the website of each toll road, however any applicable tolls, fees and charges may be amended from time to time.

The following terms apply to Your arrangement to pay by Your nominated credit or debit card:

(a) You authorise Us to debit the nominated credit or debit card to automatically top-up Your Beep ‘N Pay Account with the outstanding tolls, fees and charges on a daily basis any tolls, fees and charges You have incurred, and

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

We will not pay interest on any amount We hold, whether or not the amount is returned or refunded to You.

5. Tag De-activation

If Your Beep ‘N Pay Account goes into debit by more than $50 We may de-activate Your Tag without notice. If We have to de-activate Your Tag:

(a) Your Tag and Beep ‘N Pay Account will be marked as de-activated;

(b) We will send a signal to Your Tag to beep more than once each time Your Tag passes through a tolling lane;

(c) We will notify the participating toll roads that Your Tag has been de-activated;

(d) You must not use Your Tag to pay a toll on a participating toll road while Your Beep ‘N Pay Account is de-activated; and

(e) any toll incurred by You while Your Beep ‘N Pay Tag is de-activated will be charged to Your account on re-activation of Your account. In addition, We may charge You a fee for costs, fees or charges that are incurred by You while Your Beep ‘N Pay Account is de-activated to Your Beep ‘N Pay Account.

(f) A fee will apply to Your Beep 'N Pay Account to re-activate Your Tag and Beep 'N Pay Account.  Refer to our website at www.tollpay.com.au for a list of the current fees and charges associated with Your Beep 'N Pay account.

6. Stolen or Defective Tags

If Your Tag is lost, stolen, malfunctions or is in any way defective You must immediately notify us. We will then de-activate the Tag and notify the participating toll roads that it can no longer be used.

You are liable for all tolls, charges and fees paid for with a lost or stolen Tag up until we are notified of the tag being lost or stolen.

A Tag that is defective otherwise than by Your fault will be replaced by Us at no cost to You under the conditions set out in Clause 14.

7. What happens if you don’t pay the toll

If Your Tag is not read in a tolling lane the relevant participating toll roads will either:

(a) use Your number plate details to match the trip to Your Beep ‘N Pay Account and debit Your Beep ‘N Pay Account with the applicable toll, fees or charges; or

(b) issue You with a toll notice which will include an additional charge.

In some circumstances the additional charge may not be payable or it may be waived at Our discretion (for example, the additional charge may not be payable where the tag was defective otherwise than by Your fault).

8. Inactive Beep ‘N Pay Account

If the Beep ‘N Pay Account has not been used for a continuous period of 6 months, We will mark the Beep ‘N Pay Account as "inactive".  If a Beep ‘N Pay Account is “inactive” for a period of six years We may close the Beep ‘N Pay Account.

9. Term and Termination

These Terms will remain in full force and effect while You are a registered Beep 'N Pay Account holder and shall automatically terminate when your Beep 'N Pay Account is closed.

We may, at Our discretion, without giving a reason, and on 15 Business Days' written notice, de-activate Your Beep ‘N Pay Account and close Your Beep ‘N Pay Account.

You may close Your Beep ‘N Pay Account at any time by notifying Us in writing at info@eway.net.au or E-way, Private Bag 78, Moorebank NSW 1875  and paying any debit balance of the Beep ‘N Pay Account.

On termination of these Terms, after deducting any accrued tolls, charges and fees, if the balance of Your Beep ‘N Pay Account is in debit, You indemnify Us and hold Us harmless against any costs, expenses and liability of whatsoever nature We incur arising out of or in connection with Our having to recover any outstanding amounts from You.

10. Cashback Scheme

We do 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 Maritime Services of NSW ("RMS") on 1300 133 310. You expressly acknowledge and agree that You have no rights against Us in relation to the Cashback scheme.

11. Privacy

We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The personal information that We collect from You when setting up your Beep 'N Pay Account will be collected, stored and used in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with our Privacy and Security Policy, which You can find at www.tollpay.com.au. Our Privacy and Security Policy sets out how we collect, use, store and disclose personal information. Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include Your name, age, gender, postcode, Number Plate Details, geo-location associated with Your Tag. It may also include financial information, however We do not store credit and debit card information.

By setting up the Beep ‘N Pay Account, You take responsibility for the security of Your account details. We recommend that You keep Your account details and password secure and do not provide these to any other person or allow any other person to access Your account.

If you have a privacy related question or concern in respect of Your Beep ‘N Pay Account, You can contact Our Privacy Officer as follows:

By mail: Interlink Services Manager, Interlink Roads, PO Box 700, Moorebank NSW 1875  

By email: irpl@interlinkroads.com.au

By telephone: 02 9825 1000 

12. General

We may amend, vary, or replace these Terms, or any portion of them at Our discretion. Changes will be advertised on Our website at least 15 Business Days before and 3 months after the date the change applies. 

We may assign or novate Our rights, interests and obligations under these Terms to any third party, without notice, at Our absolute discretion.

If You are required to give notice to Us under these Terms, it should be sent to the address, fax number or email address set out on Our website (or any other address that We may advise You of from time to time). We will send any notice to You as required under these Terms to the address notified by You in Your account application, or such other address You provide to us.

13. Disclaimer

The Australian Consumer Law (in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), provides that goods and services come with guarantees that cannot be excluded. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties and undertakings and other legal rights that You may have available under the Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Act are expressly excluded where permitted.  

While We seek to ensure the effectiveness of the Tag and Holder, We make no representation as to the accuracy, reliability or safety of the Tag, Holder, user instructions or warnings. We expressly disclaim liability for any errors or omissions in the Tag, Holder, user instructions or warnings.

14. Limitation of Liability

Subject to clause 15 below, Our total liability under these Terms, whether in contract, under statute (including in respect of a breach of a condition, warranty or undertaking implied under law), in tort (including negligence) or otherwise under or in connection with these Terms or the provision of the Beep ‘N Pay Account or Tags or Holders is limited to the replacement of the Tag or Holder or the supply of equivalent goods.

15. Disclaimer of Consequential Damages

Except to the extent required by law, including the Australian Consumer Law, in no event shall We be liable to You or any third party whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms or the provision of the Beep ‘N Pay Account or Tags or Holders for or in respect of any indirect or consequential loss of whatever nature, or any special, incidental or punitive loss or damage, or loss of profit or loss of business.

16. Indemnity

You indemnify Us, and keep Us indemnified, against all and any losses, costs, expenses, claims, demands and damages of whatsoever nature and howsoever incurred by You or any third party arising out of or in connection with Your use of the Beep 'N Pay Account or the installation or use of the Tag or Holder.

17. Severability

If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Our ability to enforce such term at any point in the future.

19. Communications

You consent to receive notice and information from Us in respect of Your Beep 'N 'Pay Account by electronic communication. You may withdraw this consent at any time by providing us with notice at info@eway.net.au or 1300 555 833, but if you do so We may choose to suspend or terminate Your Beep 'N Pay Account.

20. Entire Agreement

These Terms constitute the entire agreement between You and Us with respect to the use of Your Beep 'N Pay Account, Tag and Holder.

21. Jurisdiction and governing Law

These Terms are governed by and to be construed in accordance with the laws of the state of New South Wales, Australia. 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 non-exclusive jurisdiction of the courts there.

22. Definitions

Beep ‘N Pay Account means an account opened by You and Us for the purpose of accounting for tolls, fees and charges (including taxes) incurred by You or on Your behalf.

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

Car means a three axle vehicle under 2.0 metres in height or a two axle vehicle under 2.8 metres in height

Electronic Tolling Point means a toll gantry or any other toll point on a toll road.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.

Holder means the bracket or any other device provided to You by Us for the purpose of holding Your Tag and which may be attached to a Car or person.

In writing means sending an email, or a letter in the mail, to the E-way or Interlink Roads address provided.

Number Plate Details means the set of numbers and letters the NSW Roads and Maritime Services has allocated to Your vehicle that are displayed on the metal plates affixed to the front and rear of Your vehicle (also referred to as ‘LPN’)

Tag means the tag device provided to You to enable the satisfaction of tolls by way of electronic debits to the Beep ‘N Pay Account.

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

We means Interlink Roads Pty Limited ABN 53 003 845 430 (“Interlink”) and its businesses known as "E-way" or "SETA" (and ‘Us’ and ‘Our’ have a corresponding meaning).

You means the person in whose name the Beep ‘N Pay Account is opened (and ‘Your’ has a corresponding meaning).

Commercial account

1 February 2017

  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 provides for electronic payment instead of, or as well as, 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

    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; and
      (b) 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. 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.
    3. You must immediately notify the Owner of any changes to the details supplied in the application form or that are subsequently supplied to the Owner by any other method.
  3. Provision of Tag(s) and/or Card(s)

    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).
    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. 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.
    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, this may result in the Tag and/or Card not being properly read at the Electronic Tolling Lane. The Owner may recover from you a fee or charge for the resulting toll violation if the Tag and/or Card is not read for any reason, including where it was not properly fitted.
    5. If you have more than one Tag and/or Card in your vehicle at any time it is your responsibility to ensure that any additional Tag and/or Card is appropriately shielded to avoid being read at the toll. This may require you, for example, to place such additional Tag and/or Card in a metal container or cover it with aluminum foil. If the correctly fitted Tag and/or Card and any other Tag and/or Card in your vehicle is read, notwithstanding any attempt by you to shield such Tag and/or Card, you will be charged the relevant toll on the Toll Account and the Owner will not be liable to reimburse you.
  4. Operation of Tags and/or Cards and your Toll Account

     

     

    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”) (currently the M2, the M4, the M5, the M7, the Eastern Distributor, the Sydney Harbour Bridge, the Sydney Harbour Tunnel, Cross City Tunnel Melbourne CityLink and the Logan Motorway and the Gateway Bridge in Queensland in the case of Tags and the M4 and M5 (in the case of Cards).  Those tollroads my change.
    2. Each time a vehicle bearing a licence plate nominated for your Toll Account passes through an Electronic Tolling Lane or other toll collection point 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.
    3. You must notify us if you dispose of any vehicle bearing a licence plate for your Toll Account. If you dispose of a vehicle bearing a licence plate nominated for your Toll Account, you remain responsible for any toll or other fee or charge charged to your Toll Account until the date the Owner receives the notice that you have disposed of the vehicle. This includes trips between the date you dispose of the vehicle and the date of receipt by the Owner of the notification of disposal of the vehicle.
    4. Each time a Tag and/or Cards 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).
    5. The Owner will provide you with a monthly 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.
    6. It is your responsibility to check that all items on your statement are correct. If you find any entries that you believe are incorrect you need to notify the Owner in writing stating the reason for your claim. If a claim is not made within six months after the date of the statement on which the item that the claim relates to appears, a charge may be made to investigate the claim.
    7. Replacement statements are available for a charge.
    8. The Owner retains trip data in an electronic form for a period of 6 months. Replacement statements for trips which were taken 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. Fees, charges and payment

    1. The fees and charges associated with your Toll Account current at any time (other than the tolls charged by the participating tollroads), and any change thereof, are made available by the Owner to you from time to time by publishing the fees and charges on the Owner’s website.
    2. You must pay the account invoice within 14 days after the date of the invoice otherwise the Owner reserves the right to charge interest on the unpaid amount at a rate of 3% per annum, calculated daily, above the Commonwealth Bank Overdraft Reference Rate published at the beginning of the month of that date. You indemnify us for any liability we incur as a result of you breaching this provision and you must pay any costs and expenses we incur (on a full indemnity basis) in recovering any overdue amounts from you.
    3. Sometimes, due to an internet or telephone connection or power failure, the Owner may not be able to access its bank account to allocate payments made by you directly to that account. If this occurs, you release the Owner from any liability that you may incur for any toll, fee, and charge or fine incurred on your Toll Account.
    4. 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. If you do not pay your invoice in accordance with clause 5.2 of these Terms:

      (a) the Owner will deactivate your Toll Account and it will be marked as de-activated;

      (b) the Owner will send a signal to your Tag(s) to give more than one beep 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 added 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

    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 or Card after such notification and will notify the participating tollroads that the Tag or Card can no longer be used. You are liable for tolls, charges and fees satisfied with a lost or stolen Tag or Card until the time that the Owner is able to de-activate the Tag or Card and has notified the participating tollroads that the Tag or Card has been de-activated.
    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.
    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.
    4. 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) 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) issue you with a deferred toll (violation letter) which will include an additional charge.

      6A.3 If for any other reason a Tag is not read or the applicable toll is not paid in cash where you pass a toll collection point or drive in a tolling lane, the relevant participating tollroads will either:

      (a) debit your toll account with the applicable toll, fees or charges; or
      (b) issue you with a deferred toll (violation letter) which will include an additional charge.

      6A.4 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. Closed Toll Accounts


    1. If a Toll Account is "inactive" for a period of six years:
      (a) the Owner will close the Toll Account;
      (b) the security deposit for each Tag and/or Card provided under the Toll Account will be forfeited to the Owner;
      (c) you indemnify the Owner for any liability that it incurs as a result of ensuring payment of all accrued tolls, charges and fees and you must pay any costs and expenses the Owner incurs (on a full indemnity basis) in recovering any outstanding amounts from you; and
      (d) the remaining credit balance in the Toll Account (if any) will be subject to the Unclaimed Money Act 1995 (NSW).
  8. Termination

    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 for any of your Tags and/ or Cards not returned will be forfeited to the Owner.
    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.
    3. The Owner will refund any applicable security deposit to you following the return of the Tag and/or Card to the Owner in good condition and working order if you close your Toll Account.
    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
  9. Privacy

    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.
    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) financial institutions, which are nominated by you to process transactions concerning your Tag and/or Card;
      (b) credit reporting agencies and other credit providers (if the Owner conducts a credit check as part of its assessment of your application for a Toll Account - see also clause 9.7 below);
      (c) credit agencies and/or our collection agency (if you default on an account we may notify and exchange personal information where appropriate);
      (d) the RMS for the purposes of infringement processing and the management of the Cashback Scheme;
      (e) law enforcement and regulatory agencies, if we are served with a legally enforceable notice or order;
      (f) tollroad operators, to facilitate monitoring and administering your use of the Tag and/or Card;
      (g) other tag issuers, to facilitate transactions relating to use of a participating tollroad;
      (h) other organisations, if you elect to receive information about products and services offered or distributed by other organisations.
    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.
    4. By agreeing to these Terms, you consent to the Owner using and disclosing your personal information as described in these Terms.
    5. Generally, you are able to gain access to your personal information on request. If you are an individual, the Owner will give you access to any credit report obtained about you under clause 9.6 on request.
    6. If you are an individual, you acknowledge that the Privacy Act allows the Owner to give a credit reporting agency certain personal information about your application for credit for the purposes of obtaining a credit report about you or to allow the credit reporting agency to create or maintain a credit information file containing information about you. That information includes:
      (a) information that is reasonably necessary to identify you;
      (b) the fact that you have applied for credit and the amount of credit;
      (c) he fact that the Owner is a current credit provider to you;
      (d) any repayments which become overdue by more than 60 days and for which debt collection action has commenced;
      (e) advice that payments are no longer overdue in respect of any default that has been listed;
      (f) that cheques drawn by you for an amount not less than $100 have been dishonoured more than once;
      (g) information that, in the opinion of the Owner, you have committed a serious credit infringement;
      (h) that credit provided by the Owner that had previously been notified to a credit reporting agency has been discharged.
    7. If the Owner considers it relevant to assessing your application for a Toll Account, you authorise the Owner to obtain:

      (a) a consumer credit report from a credit reporting agency for the purpose of assessing your application for commercial credit and for the purpose of collecting any overdue payments of credit owed by you;
      (b) information about you from a credit reporting agency or business which reports on the commercial credit worthiness of persons for the purpose of assessing your application for consumer credit. You agree that the Owner may exchange information about your credit arrangements (which can include information about your credit worthiness, credit history, credit standing and credit capacity) with any credit providers named in your application for a Toll Account or named in a consumer credit report issued by a credit reporting agency. By agreeing to these Terms you acknowledge that you understand that this information may be used to assess a credit application by you, to assess your credit worthiness, to exchange information with other credit providers as to the status of credit provided by the Owner where you are in default with other credit providers and to notify other credit providers of any default by you.
    8. 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.
    9. The Owner's website may allow you to register a user name, email address and password to access your account information, make changes to the information held and order products. Where this access is provided, the access will be confidential and guarded by the specific user name and password. It is your responsibility to protect the user name and password and to prevent others accessing it. You are responsible for any material that is submitted to this website using your user name and password. Interlink Roads is not responsible for any activities that result from your misuse or failure to protect your user name and password.
  10. General

    1. The Owner may amend, vary, or replace these Terms, or any portion of them, without notice at its discretion. Any applicable tolls, fees and charges may be amended from time to time irrespective of whether they appear on the Owner’s website.
    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.
    3. If you are required to give notice to the Owner under these Terms, it should be sent to the address or fax number set out on the application (or such other address or fax number 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.
    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.

Tag ‘N Go account (no longer available)

  1. Definitions

    Cashback Scheme means a NSW State Government initiative managed by RMS providing motorists the ability to claim back tolls paid for the M5 motorway when using a vehicle registered in NSW for private, pensioner or charitable use

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

    E-mail means electronic mail

    E-way means Interlink Roads Pty Limited ("Interlink")

    Holder means the bracket, pouch, armband or other device provided to you by E-way for the purpose of holding your Tag and which may be attached to a vehicle or person.

    LPN means Licence Plate Number

    PIN means Personal Identification Number

    RMS means NSW Roads and Maritime Services

    SMS (Short Messaging Service), sometimes called text messaging, allows users to send and receive personal text messages directly to and between mobile phones

    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 E-way for the purpose of paying for tolls, fees and charges (including taxes) incurred by you or on your behalf.

    Toll road means a road that charges a toll to travel on

    YOU means Tag Owner

  2. Setting Up a Tag 'N Go Toll account

    1. To open a Tag 'N Go toll account you must:

      (a) Deposit a predetermined initial prepayment in the Tag 'N Go Toll account and;
      (b) If required by E-way, pay a setup fee to E-way for each Tag 'N Go Toll Account.
      (c) Nominate a Licence Plate Number to add to the Tag 'N Go Toll Account. You must ensure that the licence plate nominated complies with all applicable laws (including the positioning of the licence plate on the vehicle)
      (d) Nominate a four (4) digit PIN to provide authentication to access your account
      (e) Provide a valid email and mobile number
  3. Provision of Tag(s)

    1. Each Tag 'N Go Toll Account is eligible for one (1) tag only and one (1) LPN only. If additional tags are required a separate account must be established.
    2. When you obtain a tag we will register it, and a licence plate number (LPN) as designated by YOU.
    3. Tags become the property and responsibility of YOU. If a tag is lost or stolen YOU must immediately advise E-way and a fee may be applied.
    4. Any tag provided by E-way at any time must be fitted in accordance with instructions provided with the Tag. If a Tag is not properly fitted this may result in the Tag not being properly read at the Electronic Tolling Lane. If the Tag does not properly read at the Electronic Tolling E-way may recover from you the toll and a fee or charge through the nominated LPN as designated by YOU.
    5. You must not have more than one Tag in your vehicle at any time. If you have a second tag in the vehicle and that tag reads at the relevant toll collection point, regardless whether it is mounted correctly or not, you could be charged the relevant toll on the Toll Account and the Owner will not be liable to reimburse you.
    6. On receipt of the tag you are responsible for the safety and condition of the tag.
    7. Should your tag require replacement within one year of the account being established the tag will be replaced at no cost.
    8. Should your tag require replacement after one year of the account being established a tag replacement fee may apply
  4. Operation of Tag(s) and your Toll account

    1. Each time a Tag or LPN is used for the electronic payment of a toll or any other charge or fee on a toll road 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)
    2. You are responsible for the safety and condition of the tag. If the Tag becomes lost or stolen, you must advise E-way immediately you are aware this has occurred. Trips, charges and fees paid by E-way on your behalf prior to advising E-way of the Tag being lost or stolen will not be reimbursed by E-way.
    3. You must notify E-way if you dispose of a vehicle bearing a licence plate nominated for your Toll Account. You remain responsible for any toll or other fee or charge paid to your Toll Account on your behalf by E-way up until time of notification to E-way. This includes trips between the date you dispose of the vehicle and the date of receipt by the Owner of the notification of disposal of the Vehicle. Advice of disposal of the vehicle to a State Government Registered Motor Vehicle Department does not constitute advice to E-way of disposal of the vehicle bearing a licence plate nominated for your Toll Account.
    4. You are responsible to ensure that there are sufficient funds in your Toll Account to enable E-way to pay to toll roads any trips, fees or charges you incur. If there are insufficient funds in your Toll Account to enable E-way to pay to toll roads any trips, fees or charges you incur your account will be suspended and you will be responsible for paying any trips, fees or charges direct with affected toll roads. Your account will be reinstated once a payment has been received. A fee may apply to reinstate your account.
    5. E-way will send an SMS or email to you when the balance of the Toll Account gets low.
    6. E-way will provide a web based service platform for your use to manage and obtain information from your account.
    7. On opening a Tag N Go account your account will automatically be registered on the E-way web based service platform. You must complete the registration by logging in and recording your PIN.
    8. You must provide your PIN when requested by and speaking to authorised E-way representatives.
  5. Payment Alternatives

    1. A Tag 'N Go Toll account is a prepaid account. Until money is in the account you cannot use toll roads. You are responsible for having money in the account (refer Clause 4.4)
    2. You can pay money into the Tag 'N Go Toll account by the following methods: cash; credit or debit card, prepaid visa card or BPAY. If you nominate to pay and top up your Tag 'N Go Toll Account with cash you must go to an authorised Customer Service Centre approved by E-way to make a payment. A cash handling fee will be charged.
    3. If you nominate to pay by BPAY, E-way will provide a BPAY reference number and biller code to YOU to make a payment.
    4. It is your responsibility to ensure that there is money in your Tag 'N Go Toll Account prior to using the participating motorways. If there is no money in the Tag 'N Go Toll Account to pay the trips, fee or charges of the participating motorways then E-way will not pay these trips, fees or charges on your behalf. (Tag will not be sent or authorised for pick up unless funds are in the account)
  6. Cashback Scheme

    1. The Tag 'N Go Toll Account is only eligible for inclusion in the Cashback Scheme if E-way holds a valid residential address for you.
    2. If at any time you nominate to withdraw from inclusion in the Cashback Scheme this will not negate the requirement for E-way to hold a valid residential address for you.
    3. Claims to the Cashback Scheme can only be made using the provided E-way web based service platform Disclaimer: E-way does not operate or control the Cashback Scheme. This is an initiative of RMS on behalf of the NSW Government and all enquiries about the scheme should be directed to the RMS on 1300 133 310. You expressly acknowledge that you have no rights against E-way in relation to the Cashback Scheme.
  7. Privacy

    1. the Owner is bound by the National Privacy Principles in the Privacy Act 1988 (the Privacy Act). Where appropriate we rely on the related body’s corporate exemption and the employee record exemption in the Privacy Act.
    2. When using a Tag/card on the M5, or another participating toll road, the following information may be recorded:

      (a) The location and the time of day;
      (b) the direction in which the vehicle was traveling;
      (c) Your account status.
    3. An image of your vehicle and its LPN may be collected and recorded automatically when you pass through the toll plaza and do not pay the appropriate fee. This image may be given to the RMS and used for infringement processing.
    4. For the safety of the Owners staff and other motorway users we employ video surveillance throughout our facilities and as such security cameras may record an image of you or your vehicle.
    5. The RMS maintain video surveillance cameras at certain locations along the motorway for traffic, audit and management purposes. These records are not made available to Interlink.
    6. If agreed by you, all information collected by E-way will be managed and stored safely and securely to ensure it is protected against un-authorised access, use, disclosure or modification and against loss. You have the right to access most personal information E-way holds about you. To arrange access to personal information the E-way holds about you, please contact the Privacy Officer. E-way may deny access in some circumstances. If E-way does this, they will tell you why.
    7. If agreed by you the information collected by E-way about account holders will primarily be used for the purposes of managing their account with E-way. It may also be used for research and planning purposes. For example, E-way may also 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 date collected to individual customer data.
    8. In the event that you elect to claim Cashback through the NSW Government Cashback Scheme (refer clause 6) , E-way will be obliged to supply valid personal details to RMS. E-way may also exchange personal information with the RMS to facilitate transactions relating to the use of participating toll roads, monitoring and administering your use of the Tag and collection of toll debts (including processing of violations).
    9. E-way will make personal information available to the Police and other law enforcement or regulatory agencies if required or authorised by law or any legally enforceable notice or order.
    10. E-way will exchange information with operators of participating toll roads and other issuers of tags to facilitate transactions relating to use of participating toll roads, monitoring and administering your use of your Tag/Card and collection of toll debts (including processing of violations).
    11. If arrangements under which E-way administers your use of a Tag are terminated, or if E-way assigns or delegates its rights and obligations to a third party, it may be necessary for E-way to disclose your personal information to another party to enable that party to manage your account in place of E-way or to enter into a similar arrangement with you.
    12. E-way may occasionally provide de-identified or anonymous data to other organisations or traffic authorities for traffic research purposes. In such cases E-way will ensure that there will be no means of correlating the data to individual customer's personal data.
    13. The Owner's website may allow you to register a user name, email address and password to access your account information, make changes to the information held and order products. Where this access is provided, the access will be confidential and guarded by the specific user name and password. It is your responsibility to protect the user name and password and to prevent others accessing it. You are responsible for any material that is submitted to this website using your user name and password. Interlink Roads is not responsible for any activities that result from your misuse or failure to protect your user name and password.
    14. If E-way decides to change the privacy statement, E-way will post those changes on E-way’s web site. If you have any questions about our handling of personal information, or you would like a copy of the privacy statement, please contact our Privacy Officer at: info@eway.net.au.
  8. General

    1. E-way may amend, vary, or replace these Terms, or any portion of them, without notice at its discretion. Any applicable tolls, fees and charges may be amended from time to time irrespective of whether they appear on the Owner's website.
    2. E-way may assign or novate its rights, interests and obligations under these Terms to any third party, without notice, at its absolute discretion.
    3. If you are required to give notice to E-way 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 E-way may advise you of from time to time). E-way 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.
    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.
  9. Disclaimer

    While lnterlink Roads Pty Ltd ("Interlink") seeks to ensure the effectiveness of the Tag and Holder, lnterlink makes no representation as to the accuracy, reliability or safety of the Tag, Holder, user instructions or warnings. lnterlink expressly disclaims liability for any errors or omissions in the Tag, Holder, user instructions or warnings. To the extent permitted by law, all express and implied conditions, warranties and liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, safety or quality of the Tag or Holder are excluded. For the avoidance of doubt, lnterlink does not exclude any statutory implied warranties under the Commonwealth Trade Practices Act 1974 and the State Fair Trading laws ("Laws"). The total liability of lnterlink in respect of a breach of a condition or warranty implied under Laws is limited to replacement of the Tag or Holder or the supply of equivalent goods. Interlink is not liable for any loss or damage, including direct, indirect, consequential, special, incidental or punitive loss or damage, which in any way results from the installation or use of the Tag or Holder. You indemnify and keep indemnified lnterlink against all and any losses, costs, expenses, claims and damages whatsoever and howsoever incurred by you or any third party in connection with the installation or use of the Tag or Holder.

Tollpay account (no longer available)

The Tollpay account varies on the Regular account terms and conditions as follows:

  • Clause 2.4 has been added with reference to the Tollpay Account: A Tollpay Account will be automatically converted to a Prepaid Toll Account in the instance the top up trigger is reached more than 3 times a month for 3 consecutive months.
  • Clause 3.4 has been expanded to state: If you have a Tollpay account you are eligible for a maximum of two tags, and must provide a licence plate number corresponding to each tag.
  • Clause 7.2: The Tollpay Account does not include an administration fee in the instance the Account has not been used for a continuous period of 6 months.