Visitor’s e-PASS Customer Service Agreement

Last updated on 5 June 2016

1.  Your agreement with us

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

This agreement begins when you accept this agreement verbally or by conduct (e.g. by opening a Visitor’s e-PASS, or by signifying your acceptance on our website).

2.  Linking your Vehicle to your Visitor’s e-PASS and the Roam Express Register

You must provide us with details of each vehicle that you wish to have linked to your Visitor’s e-PASS before or no later than 3 days after using that vehicle on any Eligible Toll Road. Each vehicle that is linked to your Visitor’s e-PASS will be placed on the Roam Express Register.

We will register your vehicle 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 each vehicle and Class of each vehicle. Roam Express Registration only occurs when each of your vehicles 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 Nominated Vehicle must have clearly readable number plates.

3.  The road tolling system

Eligible Toll Road operators use electronic tolling systems to detect vehicles that make Trips on Eligible Toll Roads by identifying your vehicle’s Number Plate Details. The Eligible Toll Road operator (or the operator’s preferred tag service provider) 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.

Any questions regarding any tolls (and any applicable Fees) charged on a particular Eligible Toll Road should, in the first instance, be referred to that Eligible Toll Road operator.

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, that Nominated Vehicle is detected at an Electronic Toll Point; or

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

We will resume charging tolls to your 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 any relevant police report (including the Police Event Number), a statutory declaration or an insurance claim if we request it.

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

You will be charged a toll to your Visitor’s e-PASS for each Trip made by your Nominated Vehicle.

You may be charged the Vehicle Matching Fee to your Visitor’s e-PASS for each Trip made by your Nominated Vehicle on an Eligible Toll Road.

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

7. Payment of your Visitor’s e-PASS

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

You must pay your Closing Payment on the Closing Payment Date.

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 may at our sole discretion:

•  Retry your Automatic Payment up to the Closing Payment Date; or

•  Receive your payments:

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

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

Failure to make a payment to us due under this agreement may result in you being issued with a Toll Notice or further enforcement action being taken to recover your Account Balance at the Closing Payment Date. You agree to pay any tolls and Toll Administration Fees that the Toll Notice requires you to pay in accordance with the requirements of that Toll Notice.

9. Charges for 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 any applicable fees) as charged by the relevant Eligible Toll Road operators.

10. 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.

11. Complaints, questions and disputes

If you have a dispute or wish to make a complaint about the Roam Express Registration of your vehicle(s) or a payment or an amount debited, credited or not credited to your Visitor’s e-PASS you should contact us. A customer service officer will provide a response with reasons as soon as possible.

If you believe that your dispute or complaint has not been properly addressed, you have the right to have the issue reviewed by our Customer Resolutions Group.

If you are not satisfied with the response, you may take your complaint to the Tolling Customer Ombudsman.

Unless you tell us that you disagree with your Account Balance within 60 days of your Closing Payment Date you will not be entitled to dispute your Account Balance.

Where you dispute your Account Balance, until that dispute is resolved you must continue to comply with this agreement as if the Account Balance recorded on the Closing Payment Date was correct.

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

•  credit your account for all or part of the disputed amount; or

•  make other arrangements reasonably necessary to allow for the continued operation of your account, until the dispute is resolved.

12. 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.

13. Expiry

Your Visitor’s e-PASS expires on the Expiry Date that you nominated when setting up your Visitor’s e-PASS.

Trips made using your Nominated Vehicle after the Expiry Date will not be charged to your Visitor’s e-PASS and the driver of that Nominated Vehicle may commit an offence under the Regulations, and the owner of that Nominated Vehicle may be issued with a Toll Notice or a penalty notice and be liable for a fine.

14. Suspension or Cancellation

If the Roam Express Registration of your Nominated Vehicle is suspended or cancelled and Trips are made by that Nominated Vehicle without any other arrangement, you will not have a valid arrangement in place. You may commit an offence and receive a Toll Notice or a penalty notice and be liable for a fine.

The Roam Express Registration of your Nominated Vehicle is suspended or 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 on the Expiry Date.

We may suspend or cancel the Roam Express Registration of your Nominated Vehicle if:

(a)  we are required to do so by law;

(b)  your Automatic Payment fails or you fail to make a payment under this agreement; or

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

If you wish to use a Nominated Vehicle on any Eligible Toll Road after the Roam Express Registration of your Nominated Vehicle has been suspended or cancelled, you must first contact us and re-register on the Roam Express Register by:

(a)  If the Roam Express Registration of your Nominated Vehicle has been suspended, making any payment required under this agreement;

(b)  If the Roam Express Registration of your Nominated Vehicle has been cancelled, setting up a new Visitor’s e-PASS, or opening a new account with Roam Express.

If you do not re-register your vehicle with us or do not make arrangements to pay tolls through another tag service provider and that vehicle is detected on any Eligible Toll Road after its Roam Express Registration has been suspended or cancelled, the driver of that vehicle may commit an offence under the Regulations and the owner of the vehicle may be issued with a Toll Notice or a penalty notice and be liable for a 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.

15. 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.

16. Liability

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

17. Notices

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

(a)  personally;

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

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

(d)  by sending a letter to the postal 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 are on the back page of this booklet.

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.

18. Consent to use and disclose information

You consent to us using or disclosing any information (including personal information) you provide to us if the information is used or disclosed for the purposes contemplated by this agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Privacy Policy. Please visit roamexpress.com.au for a copy of our Privacy Policy.

You consent to any information (including personal information) about your Visitor’s e-PASS, and any information you provide to Roam Express being disclosed by us to credit reporting bodies or to debt collection agencies where you are in payment default. Please visit roamexpress.com.au for a copy of our Credit Reporting Policy.

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

You consent to us disclosing any information otherwise required by law (legislation or court order).

You consent to us disclosing to Eligible Toll Road operators (and the operator’s preferred tag service provider) and Roads and Maritime Services (RMS) any information (including personal information) that is required for toll collection or enforcement.

If you provide us with your email address or mobile phone number, you consent to us using those contact details to send you traffic updates and other notices relevant to your use of Eligible Toll Roads. You can ask not to receive such communications at any time.

19. General

This agreement is the entire agreement

This agreement is the entire agreement about your Visitor’s e-PASS and the other matters covered by this agreement. The only enforceable obligations and liabilities of you and us about the subject matter are those arising out of the provisions of this agreement or at law.

This agreement replaces all previous representations, communications and agreements on the subject matter. To the maximum extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) are excluded. Our liability for a breach of any term or warranty under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) which by law cannot be excluded from this agreement is limited to the maximum extent the law allows.

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

Any provision of this agreement must be read down to the extent necessary to prevent that provision of this agreement from being invalid, voidable or not enforceable in the circumstances. If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

Interest

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

Waiving breaches of this agreement

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

·    fails to exercise it;

·    only exercises part of it; or

·    delays in exercising it.

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

Representations and warranties

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

Recovery of costs

You must pay us an amount equal to any costs (including legal costs) incurred by us in recovering a debt from you.

 

20. 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 this 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 the laws of New South Wales.

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 21 of this agreement;

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 NSW;

Class means a class of vehicles, each Class defined as follows:

(a) Class 1 (Motorcycles) means motorcycles with two wheels, including motorcycles with single-wheeled sidecars or with small single-axle motorcycle trailers;

(b) Class 2 (Cars) means cars and other vehicles that are less than 2.8 metres in height and less than 12.5 metres in length; and

(c) Class 4 (Heavy vehicles) means all vehicles that do not meet Class 1 or Class 2 definitions;

Closing Payment means the amount of your Automatic Payment and is equal to your Account Balance on the Closing Payment Date;

Closing Payment Date means the day up to 60 days after the Expiry Date during which period we may debit funds owed under this agreement from your nominated credit card;

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

Electronic Toll Point means any place on an Eligible Toll Road where vehicles are detected by an electronic tolling system;

Eligible Toll Road means those Australian roads, bridges, tunnels or locations on which a toll is levied for the passage of vehicles and for which you can use your Visitor’s e-PASS to pay that toll.  For further details, please refer to our website..

Expiry Date is the date and hour you nominated when setting up your Visitor’s e-PASS on which your Visitor’s e-PASS would expire, 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 by us.

Fee means any Fee payable to us by you when certain events occur, as set out in clause 21 of this agreement;

Nominated Day is the day you have nominated as the first day of travel on an Eligible Toll Road;

Nominated Vehicle means each vehicle you have asked us to link to your Visitor’s e-PASS and is registered on the Roam Express Register;

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. Roads and Maritime Services) including the State of registration;

Privacy Policy means the privacy policy available from the Roam Express website;

Regulations means the Roads Regulation 2008 (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 it 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;

Toll Administration Fee is a fee that may be payable in relation to a Toll Notice;

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

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

Top Up Trigger has the meaning given to it in clause 21 of this agreement;

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;

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

21. 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).

Fee or amount

When payable

Amount, Fee or Deposit

Account Maintenance Fee

Each time you modify your Visitor’s e-PASS before the expiry time; or when you change Contact Details or Credit Card Details.

Free when maintained on roamexpress.com.au.

$2.00 when maintained via our call centre (more than 24 hours after Visitor’s e-PASS establishment).

Additional Number Plate Registration Fee

Whenever additional Number Plates are registered to your Visitor’s e-PASS (more than 24 hours after Visitor’s e-PASS establishment).

$0.25 per additional Number Plate when added at roamexpress.com.au.

$2.00 when added via the call centre.

Agreed Replenishment Amount

The amount charged to your nominated credit card after your Account Balance reaches the Top Up Trigger.

The amount necessary to return your Account Balance to $0.00

Dishonour Fee

The amount that will be charged to your Visitor’s e-PASS if your payment is not successfully made, unless the unsuccessful payment is caused by us or our Bank.

The charge imposed on us by our Bank as a result of your unsuccessful payment.

Start-Up Fee

The amount charged when your Visitor’s e-PASS is set up.

$3.30 for Visitor’s e-PASS set up at the call centre or any channel other than roamexpress.com.au

$1.50 for Visitor’s e-PASS set up at roam.comexpress.au

Statement Fee

A free statement will be emailed to your nominated email address at the end of the Visitor’s e-PASS period.

The amount debited to your Visitor’s e-pass when you request a statement other than the free email statement sent at the end of the visitor’s e-pass period.

Free via e-mail

$5.00 via post

$3.60 per additional statement requested.

Top Up Trigger

When your Account Balance falls to this amount, the Agreed Replenishment Amount will be charged to your nominated credit card.

-$10.00, or any larger amount as agreed

Vehicle Matching Fee

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

$0.75 per Trip for Trips on Eligible Toll Roads.