Roads and Maritime Services E-Toll Terms and Conditions - RTA
Roads and Maritime Services E-Toll Terms and Conditions - RTA
Roads and Maritime Services E-Toll Terms and Conditions - RTA
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<strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> E-<strong>Toll</strong><br />
<strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong><br />
Effective from 1 June 2013<br />
1.1 Your E-<strong>Toll</strong> Service is provided by <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> ABN 76 236 371 088 (RMS) <strong>and</strong><br />
enables You to pay <strong>Toll</strong>s <strong>and</strong> Fees which are incurred by You or Your Vehicle in accordance with these<br />
RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
2 How Your E-<strong>Toll</strong> Service Works<br />
2.1 In order to use Your E-<strong>Toll</strong> Service, Your Vehicle must travel in an Electronic <strong>Toll</strong>ing Lane marked with a<br />
red <strong>and</strong> yellow “E” symbol (for a Tag or ERider) or a red <strong>and</strong> white “e” symbol (for eMU Pass or ERider).<br />
2.2 You are responsible at all times for the acts <strong>and</strong> omissions of any Authorised Representative using or<br />
operating Your E-<strong>Toll</strong> Service, including for any <strong>Toll</strong>s <strong>and</strong> Fees they incur.<br />
2.3 Your E-<strong>Toll</strong> Service may be linked to an E-<strong>Toll</strong> Account, as specified in the Schedule of Fees <strong>and</strong><br />
Payment Methods.<br />
3. Payments, fees <strong>and</strong> charges for Your E-<strong>Toll</strong> Service<br />
3.1 You must pay the following amounts to RMS in connection with Your E-<strong>Toll</strong> Service:<br />
(a) all <strong>Toll</strong>s incurred by You or Your Vehicle (it is Your responsibility to be aware of all <strong>Toll</strong>s payable in<br />
connection with the use of a toll road). An exception applies in relation to the Sydney Harbour<br />
Bridge <strong>and</strong> Sydney Harbour Tunnel if Your E-<strong>Toll</strong> Service has been established for an ERider;<br />
(b) all fees <strong>and</strong> other amounts set out in the Schedule of Fees <strong>and</strong> Payment Methods which apply to<br />
the type of E-<strong>Toll</strong> Service You have established; <strong>and</strong><br />
(c) any other costs reasonably incurred by RMS in enforcing its rights under these RMS <strong>Terms</strong> <strong>and</strong><br />
<strong>Conditions</strong>, including any fees or charges imposed by a third party on RMS where You have<br />
refused or failed to pay any amount under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
3.2 You can pay <strong>Toll</strong>s <strong>and</strong> Fees to RMS by way of Your nominated payment method. Depending on Your<br />
nominated payment method <strong>and</strong> the type of E-<strong>Toll</strong> Service You have established, RMS will obtain<br />
payment of <strong>Toll</strong>s <strong>and</strong> Fees from You:<br />
(a) by deducting the amounts from Your E-<strong>Toll</strong> Account Balance (which may be topped-up in<br />
accordance with these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> from time to time); <strong>and</strong>/or<br />
(b) by debiting the amounts from Your Nominated Card or Nominated Account.<br />
3.3 If Your E-<strong>Toll</strong> Service is linked to an E-<strong>Toll</strong> Account, You must maintain a positive E-<strong>Toll</strong> Account<br />
Balance by paying RMS the applicable Top-Up Amount.<br />
3.4 Unless Your E-<strong>Toll</strong> Service has been established for an ERider (in which case clause 8.2 will apply), if<br />
You:<br />
(a) fail to maintain a positive E-<strong>Toll</strong> Account Balance; or<br />
(b) fail to pay an amount to RMS in accordance with these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> (for example, if<br />
You fail to pay the applicable Top-Up Amount because there are insufficient funds available in<br />
Your Nominated Card or Nominated Account),<br />
Your E-<strong>Toll</strong> Service will be suspended <strong>and</strong> unavailable for use until Your E-<strong>Toll</strong> Account is returned<br />
to a positive balance or You make the relevant payment to RMS. RMS may also refuse to open<br />
any additional accounts with You if Your E-<strong>Toll</strong> Account is not returned to a positive balance or the<br />
relevant payment is not made.<br />
3.5 You acknowledge that if You fail to pay any <strong>Toll</strong>s or Fees as required by these RMS <strong>Terms</strong> <strong>and</strong><br />
<strong>Conditions</strong>, RMS may refer that failure to a Credit Reporting Agency.<br />
Payment methods<br />
General<br />
3.6 The Schedule of Fees <strong>and</strong> Payment Methods sets out (among other things) the different methods<br />
available to You for the payment of <strong>Toll</strong>s <strong>and</strong> Fees to RMS. You may change Your nominated method of<br />
payment to any other available method (or make any other payment related requests) by contacting RMS<br />
in accordance with clause 11.4.<br />
Payment by Nominated Card or Nominated Account<br />
3.7 You may use a Nominated Card or Nominated Account for the payment of <strong>Toll</strong>s <strong>and</strong> Fees if that method<br />
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of payment is available for Your E-<strong>Toll</strong> Service.<br />
3.8 If You provide a Nominated Card or a Nominated Account for the payment of <strong>Toll</strong>s <strong>and</strong> Fees:<br />
(a)<br />
(b)<br />
(c)<br />
You promise to RMS that You are authorised to use the Nominated Card or Nominated Account to<br />
meet Your payment obligations under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>;<br />
for Nominated Accounts, You must ensure that Your financial institution can support Direct Debit<br />
on the Nominated Account; <strong>and</strong><br />
You authorise RMS to:<br />
(i)<br />
(ii)<br />
debit a nominal amount (not more than $1) from the Nominated Card or Nominated<br />
Account which will be re-credited within 1 day (to validate the Nominated Card or<br />
Nominated Account details); <strong>and</strong><br />
debit amounts from, or credit funds to, the Nominated Card or Nominated Account from<br />
time to time in respect of <strong>Toll</strong>s <strong>and</strong> Fees <strong>and</strong> other amounts payable to, or from, RMS<br />
under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
3.9 If Your E-<strong>Toll</strong> Service is linked to an E-<strong>Toll</strong> Account, RMS will debit the applicable Top-Up Amount from<br />
the Nominated Card or Nominated Account when Your E-<strong>Toll</strong> Account Balance reaches the Payment<br />
Trigger Amount.<br />
3.10 If Your E-<strong>Toll</strong> Service has been established for an eMU Pass, RMS will debit <strong>Toll</strong>s <strong>and</strong> Fees from the<br />
Nominated Card or Nominated Account when the <strong>Toll</strong>s <strong>and</strong> Fees incurred have reached the Payment<br />
Trigger Amount <strong>and</strong> also after the end of Your Pass Period.<br />
3.11 If there are insufficient funds available in the Nominated Card or Nominated Account to meet Your payment<br />
obligations under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> or a transaction on the Nominated Card or Nominated<br />
Account is declined for any reason (other than the negligence of, or wilful misconduct by, RMS or an RMS<br />
systems error), You will be charged a Non-Payment Fee by RMS <strong>and</strong> You may be charged other amounts<br />
by the issuer of the Nominated Card or Nominated Account.<br />
3.12 If:<br />
(a) the existing Nominated Card or Nominated Account is cancelled, suspended or is otherwise not<br />
useable; or<br />
(b) the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card,<br />
You must immediately provide RMS with details for an alternative Nominated Card or Nominated<br />
Account, which can be used to meet Your obligations under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>,<br />
<strong>and</strong> an authority for RMS to debit the alternative Nominated Card or Nominated Account in<br />
accordance with these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
Payment by cash, cheque or money order<br />
3.13 You may use cash, a cheque or a money order for the payment of <strong>Toll</strong>s <strong>and</strong> Fees if that method of<br />
payment is available for Your E-<strong>Toll</strong> Service.<br />
3.14 If You pay by cheque or money order <strong>and</strong> that cheque or money order is dishonoured by the issuer, You<br />
will be charged a Non-Payment Fee by RMS.<br />
4. Errors in charging <strong>Toll</strong>s <strong>and</strong> Fees<br />
4.1 If RMS incorrectly credits You with, or pays to You, an amount in connection with Your E-<strong>Toll</strong> Service,<br />
RMS may recover that amount from You provided that RMS has given You 10 days prior notice of its<br />
intention to do so.<br />
4.2 If You believe that RMS has incorrectly charged You <strong>Toll</strong>s <strong>and</strong> Fees, You must notify RMS immediately<br />
in accordance with clause 11.4. RMS will provide any credit or refund due to You in connection with Your<br />
E-<strong>Toll</strong> Service within a reasonable time after determining that a credit or refund is due to You by such<br />
method as RMS may reasonably choose.<br />
5. E-<strong>Toll</strong> Service Statement<br />
5.1 If You request that we provide a statement to You, You will be charged the applicable Statement Fee for<br />
the method of delivery elected by You (if that method is available).<br />
6. Additional <strong>Terms</strong> for Tags<br />
6.1 If Your E-<strong>Toll</strong> Service has been established for a Tag, RMS will issue You with a Tag <strong>and</strong> You must:<br />
(a) ensure that the Tag is fitted in accordance with instructions provided with the Tag to ensure that it<br />
operates correctly (if You fail to correctly fit the Tag, You may be charged a higher <strong>Toll</strong>); <strong>and</strong><br />
(b) not sell the Tag, or the right to use it, but You may permit it to be used in any Vehicle (<strong>and</strong> You will<br />
Catalogue No. 45071687 (05/2013) ABN 76 236 371 088 Page 2 of 8
e responsible for all <strong>Toll</strong>s <strong>and</strong> Fees incurred by its use in such Vehicles in accordance with these<br />
RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>).<br />
6.2 Clause 9 applies in circumstances where the Tag is lost or stolen or the Tag malfunctions or is in any<br />
way defective.<br />
6.3 The Tag remains the property of RMS at all times <strong>and</strong> You are responsible for any theft of, or damage to,<br />
the Tag issued to You.<br />
6.4 If requested by RMS, You must promptly return the Tag to RMS in good condition <strong>and</strong> working order<br />
otherwise:<br />
(a) You will be charged the Tag Replacement Fee; or<br />
(b) Your Tag Security Deposit will be forfeited, as applicable to Your E-<strong>Toll</strong> Service.<br />
7. Additional <strong>Terms</strong> for eMU Pass<br />
7.1 If Your E-<strong>Toll</strong> Service has been established for an eMU Pass, Your E-<strong>Toll</strong> Service can only be used to<br />
pay <strong>Toll</strong>s <strong>and</strong> Fees incurred during Your Pass Period. The Pass Period commences on the Start Date<br />
(<strong>and</strong> in the case of a rental vehicle, the Start Time) <strong>and</strong> finishes on the End Date (<strong>and</strong> in the case of a<br />
rental vehicle, the End Time). These start <strong>and</strong> end points are nominated by You at the time of registering<br />
Your eMU Pass.<br />
7.2 If Your E-<strong>Toll</strong> Service has been established for an eMU Pass, RMS will charge You a Video Processing<br />
Fee for each Trip recorded against Your eMU Pass.<br />
7.3 You may only request a change to:<br />
(a) Your Vehicle before the Pass Period commences;<br />
(b) Your Start Date (<strong>and</strong> in the case of a rental vehicle, Your Start Time) before the Pass Period<br />
commences; <strong>and</strong><br />
(c) bring forward Your End Date (<strong>and</strong> in the case of a rental vehicle, Your End Time) prior to the<br />
original End Date.<br />
8. Additional <strong>Terms</strong> for ERider<br />
8.1 If Your E-<strong>Toll</strong> Service has been established for an ERider:<br />
(a) RMS will charge You:<br />
(i) an initial ERider Quarterly Fee when Your E-<strong>Toll</strong> Service is established. This initial ERider<br />
Quarterly Fee will vary depending on the date on which You register Your ERider; <strong>and</strong><br />
(ii) an ERider Quarterly Fee each subsequent calendar quarter (commencing on 1 January, 1<br />
April, 1 July <strong>and</strong> 1 October). This ERider Quarterly Fee will be charged on the first day of<br />
each such calendar quarter unless You cancel Your E-<strong>Toll</strong> Service prior to that time; <strong>and</strong><br />
(b) payment of Your ERider Quarterly Fee entitles You to use Your Vehicle to make unlimited Trips on<br />
the Sydney Harbour Bridge <strong>and</strong> Sydney Harbour Tunnel without paying any <strong>Toll</strong>s during the<br />
relevant calendar quarter. You must, however, pay all <strong>Toll</strong>s incurred by Your Vehicle on other toll<br />
roads in accordance with these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
8.2 Without limiting clause 8.1(b), if Your E-<strong>Toll</strong> Service has been established for an ERider <strong>and</strong> You fail to:<br />
(a) pay the ERider Quarterly Fee, Your E-<strong>Toll</strong> Service will be suspended <strong>and</strong> unavailable for use<br />
(taking effect on <strong>and</strong> from the 11th day after You fail to pay the fee) until You pay the ERider<br />
Quarterly Fee to RMS; or<br />
(b) maintain a positive E-<strong>Toll</strong> Account Balance, Your E-<strong>Toll</strong> Service will be suspended <strong>and</strong> unavailable<br />
for use (except in relation to the Sydney Harbour Bridge <strong>and</strong> Sydney Harbour Tunnel) until Your E-<br />
<strong>Toll</strong> Account is returned to a positive balance.<br />
RMS may also refuse to open any additional accounts with You if Your E-<strong>Toll</strong> Account is not<br />
returned to a positive balance or the payment of the ERider Quarterly Fee is not made.<br />
9. Sold or stolen Vehicles <strong>and</strong> lost, stolen or malfunctioning Tags<br />
9.1 You must immediately inform RMS if either of the following occur:<br />
(a) if Your E-<strong>Toll</strong> Service has been established for a Tag, the Tag is lost or stolen or You become<br />
aware that the Tag malfunctions or is in any way defective; or<br />
(b) Your Vehicle is sold or stolen.<br />
9.2 If You inform RMS that the Tag is malfunctioning or is in any way defective:<br />
(a) Your E-<strong>Toll</strong> Service can still be used to pay <strong>Toll</strong>s <strong>and</strong> Fees in accordance with these RMS <strong>Terms</strong><br />
Catalogue No. 45071687 (05/2013) ABN 76 236 371 088 Page 3 of 8
<strong>and</strong> <strong>Conditions</strong> <strong>and</strong> You will continue to be liable for <strong>Toll</strong>s <strong>and</strong> Fees incurred (You may be charged<br />
a higher <strong>Toll</strong> in these circumstances until a replacement Tag is installed); <strong>and</strong><br />
(b) RMS will, where the Tag is in fact malfunctioning or defective, provide You with a replacement<br />
Tag. This Tag will be provided to You free of charge unless the malfunction or defect was caused<br />
by You, in which case:<br />
(i) You will be charged the Tag Replacement Fee; or<br />
(ii) Your Tag Security Deposit will be forfeited <strong>and</strong> You will be required to pay a new Tag<br />
Security Deposit,<br />
as applicable to Your E-<strong>Toll</strong> Service.<br />
9.3 If You inform RMS that the Tag is lost or stolen or Your Vehicle is sold or stolen:<br />
(a) You will not be liable for <strong>Toll</strong>s <strong>and</strong> Fees incurred by that Tag or Vehicle from the time that You<br />
have informed RMS, <strong>and</strong> RMS will disconnect the Tag; <strong>and</strong><br />
(b) RMS will, where the Tag or Vehicle is lost or stolen, provide You with a replacement Tag <strong>and</strong>:<br />
(i) You will be charged the Tag Replacement Fee; or<br />
(ii) Your Tag Security Deposit will be forfeited <strong>and</strong> You will be required to pay a new Tag<br />
Security Deposit,<br />
as applicable to Your E-<strong>Toll</strong> Service.<br />
9.4 If the Tag is disconnected in accordance with clause 9.3 <strong>and</strong> You subsequently request that RMS<br />
reconnect the Tag, You will be charged a Reconnection Fee.<br />
10. Cancelling Your E-<strong>Toll</strong> Service<br />
10.1 You may cancel Your E-<strong>Toll</strong> Service at any time by notifying RMS in accordance with clause 11.4. If Your<br />
E-<strong>Toll</strong> Service has been established for an eMU Pass, the cancellation will take effect at the end of Your<br />
Pass Period.<br />
10.2 RMS may cancel Your E-<strong>Toll</strong> Service at any time by giving 10 days’ notice to You.<br />
10.3 RMS may also cancel Your E-<strong>Toll</strong> Service immediately without notice to You if Your E-<strong>Toll</strong> Service has<br />
been suspended.<br />
10.4 If Your E-<strong>Toll</strong> Service was established for an ERider <strong>and</strong> it is cancelled:<br />
(a) by You (other than where You have cancelled Your E-<strong>Toll</strong> Service in response to a notice from<br />
RMS under clause 12.1), RMS will not refund any ERider Quarterly Fee to You; or<br />
(b) by RMS or You (but only where You have cancelled Your E-<strong>Toll</strong> Service in response to a notice<br />
from RMS under clause 12.1), RMS will refund the last ERider Quarterly Fee paid by You on a pro<br />
rata basis depending on when it is cancelled in the calendar quarter.<br />
10.5 If Your E-<strong>Toll</strong> Service is cancelled <strong>and</strong> it was established for a Tag, You must return the Tag to RMS in<br />
good condition <strong>and</strong> working order otherwise:<br />
(a) You will be charged the Tag Replacement Fee; or<br />
(b) Your Tag Security Deposit will be forfeited,<br />
as applicable to Your E-<strong>Toll</strong> Service. If You return the Tag to RMS in good condition <strong>and</strong> working<br />
order, RMS will refund Your Tag Security Deposit to You (if applicable).<br />
10.6 If, when Your E-<strong>Toll</strong> Service is cancelled:<br />
(a) You owe <strong>Toll</strong>s <strong>and</strong> Fees to RMS, RMS will collect these amounts from You using the balance on<br />
Your E-<strong>Toll</strong> Account <strong>and</strong>/or the method of payment applicable to Your E-<strong>Toll</strong> Service; or<br />
(b) there is a credit balance on Your E-<strong>Toll</strong> Account, RMS will return the credit balance to You within a<br />
reasonable time after 31 days have passed since the cancellation of Your E-<strong>Toll</strong> Service.<br />
10.7 There may be delays in motorways informing RMS of Trips. Accordingly, if, after Your E-<strong>Toll</strong> Service is<br />
cancelled, a toll infringement notice is issued for a Trip on a date that is prior to the cancellation of Your E<br />
<strong>Toll</strong> Service, You may request that RMS process that Trip using Your E-<strong>Toll</strong> Service. RMS will agree to<br />
process such Trips if You notify RMS of the relevant Trip within 93 days of the cancellation of Your E-<strong>Toll</strong><br />
Service.<br />
11. General<br />
11.1 New South Wales laws govern these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
11.2 Unless otherwise indicated, all <strong>Toll</strong>s <strong>and</strong> Fees are inclusive of GST. If GST is stated as not to be<br />
inclusive, You are liable for any GST payable.<br />
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11.3 You must notify RMS at the earliest possible time if Your name, address or contact details change.<br />
11.4 You may contact RMS via www.myetoll.com.au or by calling RMS on 13 18 65 during Contact Centre<br />
Hours. In certain circumstances, You may be required to provide written notice to RMS. Where You give<br />
written notice to RMS, such notice will be effective upon receipt by RMS.<br />
11.5 RMS may give notice under clauses 4, 10.2 or 12 to You by email or in writing to Your<br />
nominated address.<br />
11.6 RMS’ notice will be taken to have been received by You 2 days after RMS sends the notice<br />
to You.<br />
11.7 No interest is payable by RMS to You in connection with any payment You make to us <strong>and</strong> RMS is<br />
entitled to keep any interest earned on the balances maintained in Your E-<strong>Toll</strong> Account.<br />
11.8 RMS may assign, novate, charge, encumber or otherwise deal with any of RMS’ rights or obligations<br />
under these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> without obtaining Your consent.<br />
12. Changes to these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong><br />
12.1 Subject to Your rights under clause 10.1, RMS may vary these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> from time to<br />
time by giving You at least 10 days’ notice of the variation in the manner contemplated by clauses 11.5 <strong>and</strong><br />
11.6. The terms <strong>and</strong> conditions governing Your E-<strong>Toll</strong> Service will be the RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong><br />
posted on RMS’ website (www.my<strong>RTA</strong>.com) at the relevant time. You can access a copy of the RMS<br />
<strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> at any time from RMS’ website or You can request RMS to send You a copy of this<br />
document free of charge (telephone 13 18 65 during Contact Centre Hours).<br />
13. Definitions<br />
In these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>, except where the context otherwise requires:<br />
“Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 of the<br />
Competition <strong>and</strong> Consumer Act 2010 (Cth).<br />
“Authorised Representative” means an individual who is 18 years or older <strong>and</strong> who is authorised by<br />
You to use <strong>and</strong> access Your E-<strong>Toll</strong> Service.<br />
“Contact Centre Hours” means Monday to Friday 8.30am to 5.00pm <strong>and</strong> Saturday 8.30am to midday,<br />
excluding public holidays.<br />
“Credit Reporting Agency” means a corporation that carries on a credit reporting business.<br />
“Direct Debit” means a direct debit authorisation which You provide to RMS for the payment of all <strong>Toll</strong>s<br />
<strong>and</strong> Fees.<br />
“Electronic <strong>Toll</strong>ing Lane” means a lane on a toll road at a toll collection point which is designated as<br />
permitting the payment of <strong>Toll</strong>s by electronic means.<br />
“eMU Pass” means the RMS pass provided to You to enable the payment of <strong>Toll</strong>s by electronic means.<br />
“End Date” or “End Time” means the date or time (as applicable) Your eMU Pass ends.<br />
“ERider” means the motorcycle specific RMS tolling product provided to You to enable the payment of<br />
<strong>Toll</strong>s by electronic means.<br />
“ERider Quarterly Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“E-<strong>Toll</strong> Account” means an account established by RMS <strong>and</strong> linked to Your E-<strong>Toll</strong> Service which allows<br />
You to make payments to RMS in connection with Your E-<strong>Toll</strong> Service.<br />
“E-<strong>Toll</strong> Account Balance” means the balance of Your E-<strong>Toll</strong> Account.<br />
“E-<strong>Toll</strong> Service” means the service described in these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> which enables You<br />
to pay <strong>Toll</strong>s <strong>and</strong> Fees which are incurred by You or Your Vehicle in accordance with these RMS <strong>Terms</strong><br />
<strong>and</strong> <strong>Conditions</strong>.<br />
“E-<strong>Toll</strong> System” means the entire system relating to electronic tolling operated by RMS, any operator of<br />
a toll road or any Tag Issuer or Pass Issuer.<br />
“Fees” means each of the fees <strong>and</strong> costs (<strong>and</strong> any taxes applicable to them) described in clauses 3.1(b)<br />
<strong>and</strong> 3.1(c) of these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
“GST” has the same meaning as in A New Tax System (Goods <strong>and</strong> <strong>Services</strong> Tax) Act 1999 (Cth).<br />
“Nominated Account” means a valid deposit account held at a financial institution nominated by You,<br />
<strong>and</strong> accepted by RMS, as the source of payment for all <strong>Toll</strong>s <strong>and</strong> Fees.<br />
“Nominated Card” means a valid:<br />
a) credit card; or<br />
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) Visa or MasterCard br<strong>and</strong>ed debit card, nominated by You as the source of payment for all <strong>Toll</strong>s<br />
<strong>and</strong> Fees.<br />
“Nominated Card Holder” means a person other than You who holds a Nominated Card.<br />
“Non-Payment Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“Pass Issuer” means a toll road operator or other entity who issues passes or other electronic or video<br />
tolling products for the purpose of the E-<strong>Toll</strong> System.<br />
“Pass Period” means the period of up to 30 days starting at the Start Time <strong>and</strong> ending at the End Time.<br />
“Reconnection Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“<strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> Privacy Consent <strong>and</strong> Agreement” means the document so titled<br />
which forms part of these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
“RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>” means these <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> E-<strong>Toll</strong> <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong><br />
(including the <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> Privacy Consent <strong>and</strong> Agreement <strong>and</strong> Schedule of Fees <strong>and</strong><br />
Payment Methods) as varied from time to time in accordance with clause 12.<br />
“Schedule of Fees <strong>and</strong> Payment Methods” means the document so titled which forms part of these<br />
RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> <strong>and</strong> sets out (among other things):<br />
a) the type <strong>and</strong> amount of the Fees which apply to Your E-<strong>Toll</strong> Service; <strong>and</strong><br />
b) the methods of payment available for Your E-<strong>Toll</strong> Service.<br />
“Start Date” or “Start Time” means the date or time (as applicable) Your eMU Pass starts.<br />
“Statement Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“Tag” means the RMS device(s) provided to You to enable the payment of <strong>Toll</strong>s by electronic means.<br />
“Tag Issuer” means a toll road operator who uses the E-<strong>Toll</strong> System <strong>and</strong> issues tags, or an entity that<br />
does not operate a toll road but issues tags for the purpose of the E-<strong>Toll</strong> System.<br />
“Tag Replacement Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment<br />
Methods.<br />
“Tag Security Deposit” means the refundable Tag security deposit(s) paid by You (if any) at the time<br />
You established Your E-<strong>Toll</strong> Service.<br />
“<strong>Toll</strong>” means all toll charges or other fees <strong>and</strong> charges imposed by the operator of a toll road for or<br />
relating to, or taxes payable in respect of, each Trip taken by Your Vehicle.<br />
“<strong>Toll</strong>s <strong>and</strong> Fees” means all <strong>Toll</strong>s <strong>and</strong> Fees <strong>and</strong> any other payments, amounts or charges referred to in<br />
these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
“Top-up Amount” means:<br />
a) in respect of manual E-<strong>Toll</strong> Accounts, an amount determined by You; or<br />
b) in respect of all other E-<strong>Toll</strong> Accounts, an amount determined by RMS by reference to the<br />
average monthly amount of <strong>Toll</strong>s <strong>and</strong> Fees incurred by You, <strong>and</strong> which is within the applicable<br />
limits set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“Top-up Trigger” or “Payment Trigger Amount” means the amount so titled as set out in the<br />
Schedule of Fees <strong>and</strong> Payment Methods.<br />
“Trip” means the driving of a Vehicle past a toll collection point.<br />
“Vehicle” or “Your Vehicle” means the vehicle(s) registered to Your E-<strong>Toll</strong> Service <strong>and</strong>, where Your E-<br />
<strong>Toll</strong> Service has been established for a Tag, such other vehicles which use the Tag.<br />
“Video Processing Fee” means the fee so titled as set out in the Schedule of Fees <strong>and</strong> Payment Methods.<br />
“You” or “Your” refers to the person(s) who have agreed to be bound to these RMS <strong>Terms</strong> <strong>and</strong><br />
<strong>Conditions</strong>.<br />
14. Interpretation<br />
14.1 Any reference to $ is to Australian dollars.<br />
14.2 The word includes in any form is not a word of limitation.<br />
14.3 A reference to a person includes any type of entity or body of persons, whether or not it is incorporated or<br />
has a separate legal identity.<br />
14.4 Nothing in these RMS <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> is intended to exclude, limit or modify any rights You may<br />
have under the Australian Consumer Law.<br />
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<strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> Privacy Consent <strong>and</strong> Agreement<br />
Effective from 1 June 2013<br />
<strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> (RMS) is required to comply with Privacy Laws <strong>and</strong> other road transport, driver<br />
licensing <strong>and</strong> vehicle registration legislation when dealing with any Personal Information, including E-<strong>Toll</strong><br />
Information.<br />
This document contains consents <strong>and</strong> promises from You in relation to E-<strong>Toll</strong> Information collected from You <strong>and</strong><br />
from third parties to enable RMS <strong>and</strong> others to collect, use <strong>and</strong> disclose it for Permitted Purposes. You are not<br />
required by law to provide E-<strong>Toll</strong> Information to RMS, but if You do not, RMS will not be able to provide the E-<strong>Toll</strong><br />
Service to You. Your Personal Information will be held by the RMS at Level 3, Octagon Building, 99 Phillip Street<br />
Parramatta or at any new or additional address or addresses disclosed in RMS’ privacy policy from time to time.<br />
RMS’ privacy policy, which explains our privacy practices including how to make an application to access or<br />
correct information about You or a complaint, <strong>and</strong> our complaints h<strong>and</strong>ling processes, is available at:<br />
http://www.rta.nsw.gov.au/gipa/privacy/index.html or 13 18 65.<br />
Consents given by You<br />
1. In exchange for RMS providing the E-<strong>Toll</strong> Service, You consent to <strong>and</strong> authorise:<br />
1.1. collection of E-<strong>Toll</strong> Information by any Authorised Information Recipient from any person (including<br />
from video <strong>and</strong>/or camera surveillance of toll roads conducted by RMS or third parties for traffic<br />
management or toll violation enforcement purposes);<br />
1.2. use <strong>and</strong> disclosure of E-<strong>Toll</strong> Information by <strong>and</strong> to Authorised Information Recipients for the<br />
Permitted Purposes;<br />
1.3. disclosure of E-<strong>Toll</strong> Information in online accounts accessible to any person with access to Your E-<br />
<strong>Toll</strong> Service number <strong>and</strong> surname;<br />
1.4. disclosure of E-<strong>Toll</strong> Information to persons outside Australia for the Permitted Purposes on the basis<br />
that RMS is not required to ensure that any overseas recipient complies with the Privacy Laws; <strong>and</strong><br />
1.5. RMS sending You emails <strong>and</strong> SMS in connection with the Permitted Purposes.<br />
Promises made by You<br />
2. You promise that:<br />
2.1.prior to disclosing any information to RMS about an Individual, You have obtained their consent to the<br />
matters in clause 1; <strong>and</strong><br />
2.2.all information You provide to RMS about You or any Individual is or will be accurate, complete <strong>and</strong><br />
up-to-date, <strong>and</strong> will not be false or misleading.<br />
Your obligation to notify<br />
3. You must notify RMS immediately by telephone of any changes to the information You have provided to<br />
RMS about You or any Individual in connection with Your E-<strong>Toll</strong> Service.<br />
Definitions<br />
“Associated Contractors” means RMS’ suppliers, agents, distributors <strong>and</strong> contractors in relation to any<br />
Permitted Purposes.<br />
“Authorised Information Recipient” means RMS <strong>and</strong> each Authorised Representative <strong>and</strong> Intended<br />
Recipient.<br />
“Clearing House” means any person who operates a clearing house for operators of toll roads, or Tag Issuers or<br />
Pass Issuers or any combinations of these.<br />
“E-<strong>Toll</strong> Information” means any information relating to You or Your E-<strong>Toll</strong> Service, Vehicle, the location of a, E-<br />
<strong>Toll</strong> Service or Vehicle at any time, the direction of travel, or video <strong>and</strong>/or camera surveillance operated at toll<br />
roads. E-<strong>Toll</strong> Information may include Personal Information about:<br />
a) You; or<br />
b) any Individual, including a name, address, phone number, email address, drivers licence number, age, E-<br />
<strong>Toll</strong> Service number, Vehicle information, billing or financial information, Nominated Card, Nominated<br />
Account, E-<strong>Toll</strong> Account <strong>and</strong> other Personal Information contained in video <strong>and</strong>/or camera surveillance of<br />
toll roads for traffic management or toll violation enforcement purposes conducted by RMS or obtained by<br />
RMS from third parties.<br />
“Individual” means any individual, including any Authorised Representative <strong>and</strong> Nominated Card Holder.<br />
“Intended Recipients” means the following parties both within <strong>and</strong> outside NSW: (i) Credit Reporting Agencies;<br />
Catalogue No. 45071687 (05/2013) ABN 76 236 371 088 Page 7 of 8
(ii) Associated Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House;<br />
(vi) RMS’ professional advisers including legal advisers, accounting advisers <strong>and</strong> other professional advisers; (vii)<br />
driver licensing <strong>and</strong> vehicle registration agencies, law enforcement agencies, public revenue authorities, road<br />
safety authorities <strong>and</strong> solicitors in relation to motor vehicle accidents; (viii) owners <strong>and</strong> other operators of toll<br />
roads; <strong>and</strong> (ix) persons providing services to any of the entities set out in (i) to (viii).<br />
“Permitted Purposes” means any one or more of:<br />
a) facilitating the use of <strong>and</strong> carrying out functions <strong>and</strong> activities relating to: (i) tolls <strong>and</strong> their enforcement,<br />
including debt collection processes of RMS <strong>and</strong> third parties; (ii) the E-<strong>Toll</strong> System; (iii) any cashback<br />
system; (iv) Your E-<strong>Toll</strong> Service; (v) verification of Your application for an E-<strong>Toll</strong> Service (including<br />
verifying the details of a Nominated Card Holder); (vi) obtaining feedback about the E-<strong>Toll</strong> System <strong>and</strong><br />
Your E-<strong>Toll</strong> Service; <strong>and</strong> (vii) analysing information relating to traffic conditions, travel times <strong>and</strong> road<br />
usage <strong>and</strong> disclosing aggregate information (including to the public);<br />
b) sending You information <strong>and</strong> notifications about the status of Your E-<strong>Toll</strong> Service (including Your E-<strong>Toll</strong><br />
Account Balance), any customer account updates <strong>and</strong> improvements or different product options which are,<br />
or are proposed to be, offered by RMS in connection with Your E-<strong>Toll</strong> Service from time to time;<br />
c) auditing of the E-<strong>Toll</strong> System;<br />
d) law enforcement;<br />
e) the enforcement of a law imposing pecuniary penalty;<br />
f) the protection of the public revenue;<br />
g) road safety;<br />
h) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents<br />
where RMS is compelled to do so by a court order;<br />
i) obtaining advice <strong>and</strong> professional services on a confidential basis;<br />
j) market research <strong>and</strong> statistical analysis;<br />
k) other purposes related or incidental to the purposes listed above; <strong>and</strong><br />
l) such other purposes as are permitted by Privacy Laws,<br />
in each case both within <strong>and</strong> outside NSW.<br />
“Personal Information” means information or an opinion (including information or an opinion forming part of a<br />
database <strong>and</strong> whether or not recorded in a material form) about an individual whose identity is apparent or can<br />
reasonably be ascertained or is reasonably identifiable from the information or opinion <strong>and</strong> any other information<br />
subject to the Privacy Laws.<br />
“Privacy Laws” means the privacy laws which apply to RMS from time to time, including the Privacy <strong>and</strong><br />
Personal Information Protection Act 1998 (NSW) for so long as it applies to RMS <strong>and</strong> any other current or future<br />
legislation, m<strong>and</strong>atory codes <strong>and</strong> policies relating to the h<strong>and</strong>ling of Personal Information which apply to RMS.<br />
“RMS” means <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> (ABN 76 236 371 088).<br />
Other capitalised terms in this document have the meaning given in clause 13 of the <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong><br />
<strong>Services</strong> E-<strong>Toll</strong> <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.<br />
Clause 14 of the <strong>Roads</strong> <strong>and</strong> <strong>Maritime</strong> <strong>Services</strong> E-<strong>Toll</strong> <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> applies to the interpretation of this<br />
document.<br />
To view the latest E-<strong>Toll</strong> Schedule of Fees please visit: www.myetoll.com.au/fees<br />
CONTACT US<br />
If you have any further questions about our Tags or eMU Pass, please visit www.myetoll.com.au or call our<br />
friendly staff on 13 18 65.<br />
June 2013<br />
RMS 13.257<br />
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