Roam Express e-TAG® Account - Terms & Conditions of Use (Current as at 1/8/05)

1. In these conditions:
   • "Patron" refers to the applicant who has been issued with one or more Roam Express eTags by the Tag Provider,
   • "The Tag Provider" refers to Tollaust Pty. Ltd. - A.B.N. 37 050 538 693,
   • "Toll Road" or "Toll Roads" refers to Australian roads, tunnels or bridges that charge a toll and with which the Tag Provider has an Interoperability Agreement and as shown on the Roam Express e-TAG web site,
   • "Roam Express e-TAG Account" refers to an account opened by the Patron with the Tag Provider for the purpose of accounting for tolls, fees and other charges the Patron may incur on Toll Roads.
   • "Bank Account" refers to the account held by the Patron from which the Tag Provider is authorised to debit funds.
   • "Financial Institution" refers to the financial institution where the Patron's Bank Account is held.
2. The intent of the Roam Express e-TAG Account is to provide a service that allows Patrons to electronically pay tolls on Toll Roads. Each Patron must have an Roam Express e-TAG to enable the Tag Provider to provide that service.
3. A Class 2 Roam Express e-TAG will allow Patrons to pay the tolls for vehicles under 2.8 meters in height with 2 axles or under 2 meters in height with 3 axles.
4. A Class 4 Roam Express e-TAG will allow Patrons to pay the tolls for all other vehicles.
5. Each time the Roam Express e-TAG issued to the Patron is used to pay a toll, the Patrons Roam Express e-TAG Account will be debited with the toll amount as advised by the Toll Road operator.
6. Any questions regarding the toll charged on a particular Toll Road should in the first instance be referred to that Toll Road operator.
7. The Roam Express e-TAG system is managed by the Tag Provider. The Roam Express e-TAG remains the property of the Tag Provider and must be surrendered to the Tag Provider on request otherwise you will be liable to pay the Tag Provider a Tag Replacement Fee. The Patron must not sell the Roam Express e-TAG or the right to use it but may permit others to use it.
8. The Roam Express e-TAG may only be used to pay the applicable toll in accordance with the conditions applying generally to the use of each Toll Road.
9. Each time the Roam Express e-TAG issued to a Patron is used to pay a toll, whether by the Patron or by anyone else, authorised or not, the Patron's Roam Express e-TAG Account will be debited with the applicable toll.
10. For the Roam Express e-TAG to operate correctly, it must be mounted in accordance with the written instructions provided by the Tag Provider. Holding the Roam Express e-TAG in your hand or leaving it anywhere else in the vehicle will prevent it from operating properly and you may incur a toll violation.
11. If a Patron does not wish to use the Roam Express e-TAG to pay the toll, the Roam Express e-TAG must be removed from the vehicle before driving on the Toll Road. No credit will be given by the Tag Provider for erroneous tolls incurred if the Roam Express e-TAG is left in the vehicle (including the glove compartment or the boot) while paying cash.
12. The Patron authorises the Tag Provider to automatically replenish the Patron's Roam Express e-TAG Account with the Top Up Amount nominated by the Patron once the Roam Express e-TAG Account balance falls below the Account Balance Top Up Threshold.
13. A Declined Top Up Administration Fee may be charged to the Patron's Roam Express e-TAG Account in the event that the replenishment of an Roam Express e-TAG Account is declined by the Patron's nominated financial institution.
14. If an Roam Express e-TAG Account falls below zero, the Roam Express e-TAG Account may automatically be deactivated and any subsequent use of the Roam Express e-TAG will result in toll violation notices being issued by the relevant Toll Road. An Account Reactivation Administration Fee may be charged by the Tag Provider to the Patron's Roam Express e-TAG Account to reactivate an Roam Express e-TAG Account that has been deactivated.
15. If a Patron notifies the Tag Provider that an Roam Express e-TAG has been lost or stolen, the Tag Provider will deactivate the Roam Express e-TAG preventing its further use.
16. The Patron has a choice of paying (for each tag issued), a Tag Deposit or a Monthly Tag Rental. If the Tag Deposit is paid, then upon return of the Roam Express e-TAG in good order and condition, the deposit will be refunded via a credit to the Patrons Roam Express e-TAG Account. If the Patron chooses the Monthly Tag Rental option then a Monthly Tag Rental per tag will be charged to the Patrons account on the first day of each month. Upon return of the Roam Express e-TAG there will be no refund of the Monthly Tag Rental paid.
17. If an Roam Express e-TAG Deposit has been paid this will be forfeited if the Roam Express e-TAG is lost, stolen or damaged. If the Roam Express e-TAG is recovered in good condition, the forfeited deposit will be reinstated. If the Roam Express e-TAG is provided under the Monthly Tag Rental option then a Tag Replacement Fee will be charged if the Roam Express e-TAG is lost, stolen or damaged. If the Roam Express e-TAG is recovered in good condition, the Tag Replacement Fee will be refunded to the Patron.
18. Patrons shall be responsible for notifying the Tag Provider of a malfunctioning or defective Roam Express e-TAG. An Roam Express e-TAG may be tested at the Tag Provider's office to determine if it is functioning properly.
19. A malfunctioning or defective Roam Express e-TAG that, in the opinion of the Tag Provider, is defective for reasons other than abuse or improper use shall be replaced at no cost to the Patron.
20. To the maximum extent permitted by law, all liability of the Tag Provider on any basis (including in contract, tort (including negligence) under any statute or otherwise) arising out of or in connection with an Roam Express e-TAG failing to work or being deactivated, is excluded.
21. A Patron may close their Roam Express e-TAG Account at any time by completing an "Account Closing Form" and returning the Roam Express e-TAG and the completed form to the Tag Provider. When an Roam Express e-TAG Account is closed the Tag Provider will refund the Roam Express e-TAG Account credit balance after accounting for all accrued tolls and other charges. If a Tag Deposit has been paid, when the Roam Express e-TAG is returned to the Tag Provider in good condition, the Tag Provider will refund the Tag Deposit. The means of such refund will be at the discretion of the Tag Provider. If no Tag Deposit has been paid and the Roam Express e-TAG is not returned to the Tag Provider in good condition then the Patron will be liable to pay a Tag Replacement Fee.
22. The Tag Provider in its own absolute discretion reserves the right to refuse any application for an Roam Express e-TAG Account.
23. The Patron authorises the Tag Provider to debit the Patron's Roam Express e-TAG Account with, in addition to any tolls, fees, toll violation or other charges as defined by this agreement or any applicable law, any government charges and taxes including, but not limited to, any goods and services ("GST") or similar tax that are incurred, or are payable by the Tag Provider or any Toll Road as a result of the operation of the Roam Express e-TAG Account.
24. The Patron agrees to notify the Tag Provider in an approved means, of any changes to any of the information supplied in relation to this Roam Express e-TAG Account, including but not limited to changes to nominated payment methods, account numbers and contact details. Failure to do so may result in the Patrons Roam Express e-TAG Account being deactivated until the updated information has been supplied.
25. The Tag Provider may vary these Terms and Conditions and any of the fees and charges at any time by advising the Patron by any suitable means as determined by the Tag Provider as soon as practical but in any case at least thirty (30) days before the date from which the revised Terms and Conditions or charges apply.
26. All tolls, charges and fees include the Goods and Services Tax (GST) unless otherwise indicated.
27. The Patron is to make an initial pre-payment into the Roam Express e-TAG Account when it is opened.
28. The Patron will remain liable to pay any outstanding tolls and other charges if the Roam Express e-TAG Account balance is insufficient to meet the toll and other charges incurred.
29. If an Roam Express e-TAG does not operate in a lane which also provides for cash then the Patron must pay cash. If an Roam Express e-TAG does not operate in a lane that only provides for electronic toll collection then the Patron must contact the Tag Provider as soon as possible or at least within 24 hours after the Toll Road use to arrange to pay the toll. Failure to do so will result in a toll violation notice being issued to the registered owner of the vehicle.
30. The Tag Provider may close the Patron's Roam Express e-TAG Account at any time by written notice to the Patron.
31. The Tag Provider may assign its rights and interests under, or novate, this agreement to any third party.
32. If the Tag Provider exercises its right under clause 31, it will give the Patron notice in accordance with clause 25.
33. All fees and charges associated with operating an Roam Express e-TAG Account can be viewed on the web site at the address shown below or are available by calling the Tag Provider.
34. Cashback is only for your Roam Express e-TAG use on the M4 and M5 Motorways. For further information about Cashback phone the RTA on 1300 133 310 or email cashback@rta.nsw.gov.au.
35. The Tag Provider will maintain strict privacy on the Patrons details in accordance with this clause and the Tag Provider's Privacy Policy, a full copy of which can be downloaded from the Roam Express e-TAG web site. The Patrons details including name, address, telephone number, vehicle registration plate number(s), vehicle type(s), time and direction of travel and financial details are collected (including photographing the Patron's vehicle registration plate number) and used by the Tag Provider for the purposes of administering the Roam Express e-TAG Account and to allow the Patron to use Toll Roads. It is a condition of use of the Roam Express e-TAG Account that the Patron authorises the Tag Provider to collect and use the Patron's details and to disclose such personal information to service providers, sub contractors, owners and operators of Toll Roads and the RTA in the course of the Tag Provider administering the Roam Express e-TAG Account. The Patron can access and seek to have corrected their personal details held by the Tag Provider.
36. Direct Debit Request Service Agreement
    1. By signing this Bank Direct Debit Request, the Patron has authorised the Tag Provider to debit funds from the Patron's Bank Account for the initial toll pre-payment, the Tag Deposit or Tag Rental and all subsequent Account Top Up Amounts and other charges due in relation to the operation of this Roam Express e-TAG Account as defined in the Roam Express e-TAG Electronic Tolling Pre Paid Account Application Form.
    2. The Tag Provider will only debit funds from the Patron's Bank Account whenever the Patron's Roam Express e-TAG Account balance falls below the agreed Account Balance Top Up Threshold or by a special request by the Patron.
    3. The Tag Provider may vary any details of, or cancel this Direct Debit Request at any time by giving the Patron at least thirty (30) days written notice.
    4. The Patron may change the arrangements of this Direct Debit Request by contacting the Tag Provider.
    5. The Patron may cancel the Patron's authority for the Tag Provider to debit the Patron's account by giving the Tag Provider notice in writing or by contacting the Patron's nominated Financial Institution.
    6. If the Patron believes that there has been an error in debiting the Patron's account, the Patron should notify the Tag Provider, or lodge a Direct Debit Claim through their Financial Institution.
    7. The Patron should check with their Financial Institution whether direct debiting is available from the Patron's Bank Account as direct debiting through BECS (Bulk Electronic Clearing System) is not available on all accounts.
    8. It is the Patron's responsibility to ensure that there are sufficient clear funds available in the Patron's Bank Account to allow the Account Top Up Amount to be debited in accordance with this Direct Debit Request.
    9. If there are insufficient clear funds in the Patron's Bank Account to meet a payment request:-
       • The Patron may be charged a fee and/or interest by the Patron's Financial Institution,
       • The Patron may also incur fees or charges imposed or incurred by the Tag Provider.
    10. If the Patron is unsure about which day the Patron's Bank Account has or may be debited the Patron should ask the Tag Provider.
    11. If the Patron wishes to notify the Tag Provider in writing about changes to this Direct Debit Request the Patron should write to Roam Express e-TAG, PO Box 1557, Macquarie Centre, NSW, 2113.
37. These Terms and Conditions replace all previous Roam Express e-TAG Account Terms and Conditions and constitute the entire agreement between the Patron and the Tag Provider.
38. Continued use of the Roam Express e-TAG by the Patron constitutes acceptance of these Terms and Conditions. These Terms and Conditions shall be governed by the laws of New South Wales.
39. Enquires must be addressed to:

    Postal Address:	Roam Express e-TAG
    	Locked Bag 2215
    	North Ryde BC
    	NSW 1670
    	Telephone 13 ROAM (13 76 26)
    Facsimile	(02) 9869 4519
    Web Site	www.Roamexpress.com.au
    E-mail	help@Roamexpress.com.au