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VISITOR'S e-PASS

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Visitor's e-PASS Customer Service Agreement

1. Your agreement with us

This agreement details your rights and obligations for use of the Visitor's e-PASS on Eligible Toll Roads.

The agreement begins when you accept the agreement verbally or by conduct (e.g. by opening a Visitor's e-PASS, or by clicking on the “I accept” button on our website or at a kiosk).

2. Linking your vehicle to your Visitor's e-PASS and the Roam Express Register

You must provide us with details of the vehicle that you wish to have linked to your Visitor's e-PASS before or no later than 48 hours after using that vehicle on any Eligible Toll Road .

We will register the vehicle that is linked to your Visitor's e-PASS on the Roam Express Register when you provide us with all the information we need as well as any payment required under this agreement. The vehicle information needed includes the State and Number Plate Details of the vehicle and vehicle type. Roam Express Registration only occurs when your vehicle is recorded as registered on the Roam Express Register by us.

You must link at least one vehicle to your Visitor's e-PASS.

Your vehicle must have clearly readable number plates.

3. The road tolling system

Trips on Eligible Toll Roads

Eligible Toll Road operators may operate electronic tolling systems on toll roads to detect vehicles that make Trips on those toll roads by identifying your vehicle's Number Plate Details. The Eligible Toll Road operator may send Trip data and the relevant tolls to us so we can charge those tolls (and any applicable fees) to your Visitor's e-PASS.

4. When you should contact us

You should contact us as soon as possible when:

(a) your Nominated Vehicle or number plate on your Nominated Vehicle is lost or stolen; or

(b) you become aware of anything that may or will affect any payment under this agreement.

5. If your Nominated Vehicle or Number Plate is stolen

We will not charge tolls or the Vehicle Matching Fee to your Visitor's e-PASS if after you have notified both the police and us that:

(a) your Nominated Vehicle has been stolen, we detect that Nominated Vehicle at an Electronic Toll Point; or

(b) the number plate of your Nominated Vehicle has been stolen, we detect that number plate on a vehicle (if that vehicle is not your vehicle) at an Electronic Toll Point.

We will resume charging tolls to your Visitor's e-PASS when you notify us, or we become aware, that you have recovered the stolen Nominated Vehicle or stolen number plate.

You must provide a copy of the police report if we request it.

6. Charging tolls and Vehicle Matching Fees to your Visitor's e-PASS

We will charge a toll to your Visitor's e-PASS for each Trip made by your Nominated Vehicle.

We may charge the Vehicle Matching Fee to your Visitor's e-PASS for each Trip made by your Nominated Vehicle.

7. Payment of your Visitor's e-PASS

Tolls, fees and charges are debited by us to your Account Balance. When your Account Balance is at or below the Top Up Trigger your Visitor's e-PASS will be automatically topped up by us drawing the Agreed Replenishment Amount by Automatic Payment from your credit card.

We will draw a final payment from your credit card after the Expiry Time to finalise outstanding tolls, fees and charges.

8. When is a payment made?

Payments are made to your Visitor's e-PASS when we receive them.

We will receive your payments when credited successfully to our Bank account.

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

(a) if by credit card, when the person making the payment by telephone is given a receipt number for that payment; or

(b) if by cheque, when the proceeds of the cheque have been cleared.

9. When you agree to additional payments

We may debit any Fee, tax, charge or amount to your Visitor's e-PASS if you have agreed to pay or you owe that Fee, tax, charge or amount to us under this agreement.

10. Travel on Eligible Toll Roads

When Trips are made on Eligible Toll Roads using your Nominated Vehicle we will charge your Visitor's e-PASS the relevant tolls and Vehicle Matching Fees

11. Changing the agreement

We may change this agreement (including any amount, Fee or deposit) and may assign or novate this agreement to another party by publishing the changes on our website, and how you may obtain a copy of them (except when the changes either reduce Fees or are as a result of changes in taxes, in which case this is not required).

Changes to this agreement will apply from the date stated on our website.

12. Expiry

Your Visitor's e-PASS expires at the Expiry Time that you nominated when setting up your Visitor's e-PASS.

Trips made using your Nominated Vehicle after the Expiry Time will not be charged to your Visitor's e-PASS and the driver of that vehicle may commit an offence under the Regulations and incur a substantial fine.

13. Cancellation

If the Roam Express Registration of your Nominated Vehicle is cancelled and trips are made by that Vehicle without any other arrangements in place you may commit an offence and incur a substantial fine.

The Roam Express Registration of your Nominated Vehicle is cancelled when we record it as cancelled on the Roam Express Register or remove it from the Roam Express Register.

We will cancel the Roam Express Registration of your Nominated Vehicle at the Expiry Time.

We may cancel the Roam Express Registration of your Nominated Vehicle before the Expiry Time if:

(a) we are required to do so by law; or

(b) for any other reason (including breach of this agreement by you), we reasonably consider cancellation of the Roam Express Registration of your Nominated Vehicle is necessary.

If you wish to use a vehicle on any Eligible Toll Road after the Roam Express Registration of your vehicle has been cancelled, you must first contact us and re-register your vehicle on the Roam Express Register by setting up a new Visitor's e-PASS, or opening a new account with Roam Express. Alternatively, you may make arrangements to pay tolls through another service provider.

If you do not re-register your vehicle with us or do not make arrangements to pay tolls through another toll road service provider and your vehicle is detected on any Eligible Toll Road after its Roam Express Registration has been cancelled, the driver of that vehicle may commit an offence under the Regulations and incur a substantial fine.

If the Roam Express Registration of your Nominated Vehicle linked to your Visitor's e-PASS is cancelled, then within 5 Business Days of receiving notice of that cancellation, you must pay any debit Account Balance and any other amount you owe us.

14. When this agreement ends

This agreement ends on the Closing Payment Date. The ending or cancellation of this agreement for any reason does not affect any rights that either you or we have against each other that arose at or before the end or cancellation of this agreement.

15. Liability

To the maximum extent permitted by law, we are not liable (whether in agreement, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that you or any other person incurs arising directly or indirectly from your use of any Eligible Toll Road, or anything else in connection with this agreement. This agreement does not affect any rights, liabilities and responsibilities arising at law, including statutory consumer protection.

16. Notices

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

(a) personally;

(b) by sending an SMS message to the mobile phone number last notified by you to us; or

(c) by sending an email to the email address last notified by you to us.

Notices to us may be:

(a) sent or delivered to us at our address;

(b) sent by fax to our fax number; or

(c) sent by email to our email address.

Our contact details can be seen here.

Notices take effect from the time they are received unless a later time is specified.

If notices are:

(a) sent by a fax machine that prints a transmission report showing that the fax was fully sent, they are taken to be received at the time shown in a transmission report which shows that the whole fax was sent;

(b) sent by post, they are taken to be received on the expiration of three Business Days after the date of posting;

(c) sent by SMS or e-mail, they are taken to be received on the expiration of one Business Day after the date of sending;

(d) left at your address, they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day.

17. Consent to use and disclose information

You consent to us using or disclosing any information you provide to us if the information is used or disclosed for the purposes contemplated by this agreement (including the exercise of any rights or the performance of any obligations under this agreement).

Roam Express may use your personal information to research and develop new products and services, and conduct business planning.

You consent to any information about your Visitor's e-PASS, including any information you provide to Roam Express being disclosed by us to credit reporting agencies.

18. Interpretation

In this agreement unless the contrary intention appears:

(a) a reference to this agreement includes any variation to it;

(b) the singular includes the plural and the plural includes the singular;

(c) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;

(d) an obligation imposed on two or more parties binds them jointly and severally;

(e) a reference to a time or date is a reference to that time or date in Sydney ;

(f) a provision of this agreement must not be interpreted against us just because we prepared the agreement;

(g) a reference to any legislation or subordinate legislation includes any modifications or changes; and

(h) headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement.

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

Definitions

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

Agreed Replenishment Amount has the meaning given to it in clause 19;

Automatic Payment means the standing authorisation given by you to us over a credit card;

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

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

Closing Payment Date means the day of the month following the date on which the Expiry Time occurs on which we will debit funds from your nominated credit card;

Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected by an electronic tolling system, including a ‘toll collection point' under the Regulations;

Eligible Toll Road means those Australian roads, bridges, tunnels or locations on which a toll is levied for the passage of vehicles, and on which you can use your Roam Express Nominated Vehicle, as stipulated by the Roam Express website;

Expiry Time is the date and hour you nominated when setting up your Visitor's e-PASS and means the last day and hour on which Trips made using your Nominated Vehicle on Eligible Toll Roads will be charged to your Visitor's e-PASS. The Roam Express Registration of your Nominated Vehicle will be cancelled at the hour on the date you nominated when setting up your Visitor's e-PASS, or at a date and time subsequently advised.

Fee means any fee payable to us by you when certain events occur, as set out in clause 19;

Nominated Vehicle means a vehicle you have asked us to link to your Visitor's e-PASS and is registered on the Roam Express Register and linked to your Visitor's e-PASS and for clauses 4, 5, and 19 only, also includes a vehicle you ask us to link to your Visitor's e-PASS;

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

Regulations means the Roads (General) Regulation 2000 (NSW) under the Roads Act 1993 (NSW) as amended;

Roam Express, we, our or us means Tollaust Pty Ltd ABN 37 050 538 693 and includes its contractors and agents;

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

Roam Express Registration means the registration by us of your vehicle on the Roam Express Register by linking it to your Visitor's e-PASS;

Top Up Trigger has the meaning given to it in clause 19;

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

Visitor's e-PASS means your account with us; and

you/your means you, the customer, who has opened the Visitor's e-PASS with us and your properly authorised agents.

19. Fees and other amounts relevant to your Visitor's e-PASS

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

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