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1 WHO WE ARE

BrisConnections is the operator of AirportlinkM7 Tollroad, under an agreement with the State of Queensland.

Tolling services are offered by AirportlinkM7 Pty Ltd, a wholly owned subsidiary of BrisConnections, including Tag accounts, non-Tag or Video Accounts, passes and payment plans.

 

2 THIS AGREEMENT

2.1 Features of this agreement

2.1.1 This agreement is for all AirportlinkM7 Tolling Products, including:

(a) A postpaid account for commercial motorists with an ABN who want interoperability with all Tollroads in Australia, which allows multiple vehicles to be linked to the account, which requires a Monthly Minimum Usage Amount and is subject to credit checks. This is a Tag Account. Additional fees on other Tollroads may apply if you do not travel with a correctly mounted Tag in your vehicle (Postpaid Account);

 

(b) A prepaid account for business or private motorists who want the ultimate in convenience and interoperability with all Tollroads in Australia and which allows multiple vehicles to be linked to the account. This can be a Tag or Video Account as selected by you. Additional fees on other Tollroads may apply if you do not travel with a correctly mounted Tag in your vehicle (Prepaid Account);

(c) A postpaid, limited duration trip pass (a Pass) for infrequent casual or inadvertent users of AirportlinkM7 and other Tollroads in Brisbane who may need to take a number of trips in a fixed period (Brisbane Road Pass);

(d) A prepaid trip pass (a Pass) for infrequent or inadvertent one-off users who require one trip only on AirportlinkM7 and do not require interoperability with other Tollroads (Trip Pass);

(e) A prepaid day pass (a Pass) for infrequent or inadvertent users who require an unlimited pass to travel on AirportlinkM7 for 24 hours and do not require interoperability with other Tollroads (Day Pass);

(f) and such other Accounts or Passes as we may introduce from time to time.

A summary of the features of each of the Accounts or Passes which we offer and applicable fees is published on our Website.

2.1.2 This agreement covers the rights and obligations attached to your Account or Pass, including:

(a) your rights to use each Tag and Vehicle linked to your Account for travel on AirportlinkM7 and Interoperable Tollroads;

(b) your rights to use the Vehicle linked to your Pass for travel on AirportlinkM7 and, if you have a Brisbane Road Pass, Interoperable Tollroads;

(c) your obligations to keep your Prepaid Account in credit, to make or authorise the payments required by this agreement, to maintain and use any Tags issued to you correctly and to keep contact, payment and Vehicle details up-to-date;

(d) our right to record and use the Personal Information you provide to us and to link the details of your Tags and Vehicles to your Account or Pass, in order to allow your toll passages to be processed correctly;

(e) our rights to charge your Account or Brisbane Road Pass for use of AirportlinkM7 and Interoperable Tollroads,

(f) our rights to close your Account if you don't comply with your obligations;

(g) our right to assign your Prepaid Pass for use of AirportlinkM7;

(h) our obligations to provide you with statements about your use of AirportlinkM7 and Interoperable Tollroads, if you have an Account or Brisbane Road Pass;

(i) our obligations to provide you with details on the use of your Prepaid Passes; and

(j) our obligations to maintain the privacy of your Personal Information.

2.1.3 This agreement also covers the treatment, on the closure of your Account or the expiry of your Pass, of any unused balance of money or trips.

2.2 Commencement of this agreement

2.2.1 If you have a Postpaid Account only, this agreement commences when we accept your application for a Postpaid Account. Otherwise, it commences when you accept (or are deemed to accept) it or, if earlier, at the Activation Time.

2.2.2 If you purchase a Trip Pass or Day Pass, you will be deemed to have accepted this agreement at the time of purchase.

2.2.3 If you apply for a Prepaid Account or Brisbane Road Pass, you will be deemed to have accepted this agreement:

(a) if you applied online, when you indicate your acceptance on our Website;

 

(b) if you applied in person at a Customer Service Centre or by post, when you indicate your acceptance by signing an Application Form;

 

(c) if you applied over the phone, when we recorded your verbal acceptance; or

 

(d) when a Tag or a Vehicle linked to your Account or Pass is detected travelling on AirportlinkM7 or an Interoperable Tollroad.

2.2.4 In the event that you do not accept the terms of this agreement, you must inform us before you accept or are deemed to accept the agreement and return all your Tags (if we have provided you with Tags) to us as soon as possible. We will then close your Account or cancel your Pass.

2.2.5 If you are a business entity, your application for a Postpaid Account must be signed by one or more officers who are duly authorised to commit the entity to this agreement.

3 USING AIRPORTLINKM7

3.1 Tolls, fees and charges

Tolls, fees and charges applicable to travel on AirportlinkM7 and the use of our Tolling Products are published on our Website, and in brochures available from our Customer Service Team staff and at the retailers listed on our Website (Retailers). These tolls, fees and charges will change from time to time.

3.2 Consequences of failing to pay the applicable toll
If you use AirportlinkM7 and:

(a) the credit balance of your account is insufficient to cover the toll, fees or charges; or

(b) you do not have an Account with us or with a Interoperable Tollroad; or

(c) you have not purchased a Pass within three Business Days of travelling on AirportlinkM7 we will issue you with a deferred toll (violation letter) which may include charges comprising tolls owed and a Deferred Toll Administration Fee.

3.3 Electronic and Video tolling
As a vehicle travels through one of AirportlinkM7's toll zones, equipment on an overhead gantry will detect and classify the vehicle and will read the vehicle's LPN and will read information from your Tag if one is fitted and operating correctly. We will use these photographs and Tag information to classify your Vehicle, and to identify the Tolling Product to be charged so that we can process tolls, fees and charges against your Account or Brisbane Road Pass or assign your trip to a Trip Pass or Day Pass.

Your Account can be a video Account and not require a Tag and will not currently incur any additional charges for use on AirportlinkM7. A video Account is interoperable with other Brisbane Tollroads but may incur additional fees on those other Tollroads. If we determine, at a future time, to charge additional fees for video Account use on AirportlinkM7, we will offer Tags at no cost for all video Account vehicles.

3.4 Travel on AirportlinkM7
If we detect your Vehicle travelling on AirportlinkM7 we will, in the following order:

(a) assign the trip to a Day Pass if you have one;

(b) assign the trip to a Trip Pass if you have one, oldest pass first if you have more than one;

(c) charge the applicable tolls and fees to your Brisbane Road Pass if you have one;

 

(d) charge the applicable tolls and fees to your Account; or

(e) charge the applicable tolls and fees to your account held with an Interoperable Toll Road.

If none of the above are applicable, you must open an Account or purchase a Pass within three Business Days of your travel on AirportlinkM7 or

(f) additional fees and charges may apply; and

(g) the registered vehicle operator may receive an invoice or request for payment from us.

4 USING INTEROPERABLE TOLLROADS
4.1 Applicable charges
You will need to check with the relevant Tollroad operator to find out the applicable toll and other charges if you travel on a Tollroad which is not operated by BrisConnections. Your Day Pass or Trip Pass cannot be used to pay tolls, fees and charges for travel on Tollroads which are not operated by BrisConnections. Your Brisbane Road Pass can be used to pay tolls, fees and charges for travel on Brisbane Tollroads which are not operated by BrisConnections.

4.2 Travel on Interoperable Tollroads
4.2.1 Your Vehicle's travel and (if the vehicle has a Tag) the use of your Tag on an Interoperable Tollroad is subject to the conditions of use applicable to the Interoperable Tollroad.

4.2.2 Tolls, fees and charges for use of an Interoperable Tollroad may differ from those charged by BrisConnections and may be levied on a different basis to that used by BrisConnections. You can check the Interoperable Tollroad's website for the applicable charges.

4.2.3 We will charge your Account or Brisbane Road Pass with the tolls, fees and charges advised to us by the operators of Interoperable Tollroads. However, if your Account is not in credit or your Brisbane Road Pass is not a Valid Pass at the time that we receive information regarding your Vehicle's travel (or the use of your Tag, if applicable) on a Interoperable Tollroad, we may reject the relevant tolls, fees and charges and you may be subject to infringement or enforcement action by the operator of the Interoperable Tollroad.

4.2.4 Subject to any conditions or warranties that by reason of any relevant legislation may not be excluded:

(a) neither you nor any other person will have any claim for damages if we reject tolls, fees and charges arising from your Vehicle's travel (or the attempted use of your Tag, if applicable) for the reasons described in Clause 4.2.3; and

(b) we do not accept responsibility or liability for any errors or discrepancies relating to billing information advised to us in relation to your Vehicle's travel (or the use or any malfunction of your Tag, if applicable) on a Interoperable Tollroad.

4.2.5 Any queries relating to tolls, fees and charges in relation to your Vehicle's travel (or the use of your Tag, if applicable) on an Interoperable Tollroad should initially be directed to the operator of the Interoperable Tollroad.

4.2.6 If we have provided you with a Tag, you acknowledge that, when mounted in a position and in accordance with the installation requirements which permit it to function correctly when used on AirportlinkM7, the Tag may not function correctly on an Interoperable Tollroad. You should consult information published by the operator of the relevant Interoperable Tollroad to determine the correct positioning of the Tag for use on that Interoperable Tollroad.

4.2.7 You are deemed to have authorised and agreed to our release to the operator of an Interoperable Tollroad of such of your Personal Information as is reasonably necessary to enable:

(a) your Vehicle's travel (or the use of your Tag, if applicable) in accordance with the conditions of use applicable to a Interoperable Tollroad;

(b) the operator of the Interoperable Tollroad to advise us of the applicable tolls, fees and charges; and

(c) us to charge the applicable tolls, fees and charges to your Account or postpaid Pass.

5 WHEN WILL WE CHARGE YOUR TRAVEL TO YOUR ACCOUNT OR PASS?
5.1 We will charge tolls, video matching fees (if applicable) and other applicable fees and charges to your Account or Brisbane Road Pass or assign your travel to your Trip Pass or Day Pass as soon as we have all the information we need to enable us to do so.

5.2 If your Vehicle is linked to more than one valid Tolling Product (i.e. you have purchased a Pass which is still a Valid Pass and you also have an Account or another Valid Pass) we will charge the applicable Toll according to the following hierarchy:

5.2.1 Your Day Pass
5.2.2 Your Trip Pass
5.2.3 Your Brisbane Road Pass
5.2.4 Your Tag Account
5.2.5 Your video Account
5.2.6 Interoperable Tollroad Road pass
5.2.7 Interoperable Tollroad account

5.3 If your Vehicle is linked to two or more Valid Passes (which are all prepaid Passes) when it travels through a toll point on a AirportlinkM7, we will charge the applicable toll and video matching fee to the prepaid Pass with the earliest Expiry Time.

5.4 If your Vehicle is linked to two or more valid Passes (which are all postpaid Passes) when it travels through a toll point on a AirportlinkM7 or a Interoperable Tollroad, we may charge the applicable toll and video matching fee to any of the postpaid Passes.

5.5 We may charge various fees in relation your Account, Brisbane Road Pass, Trip Pass or Day Pass and using AirportlinkM7 or other Interoperable Tollroad including:

5.5.1 An administration fee if you do not pay the applicable Toll within three Business Days of a Trip;

5.5.2 An account set up fee (for Postpaid Accounts);
5.5.3 An annual account management fee (for Postpaid Accounts);
5.5.4 A additional statement fee (for Postpaid and Prepaid Accounts);
5.5.5 A dishonour fee, being a pass through, without any margin, of bank fees imposed on BrisConnections in relation to a dishonoured payment.
5.5.6 A video matching fee (for Postpaid Accounts, Prepaid Accounts and Brisbane Road Pass);
5.5.7 A Tag missing fee (for Postpaid and Prepaid Accounts);
5.5.8 A Tag replacement fee (for Postpaid and Prepaid Accounts);
5.5.9 A purchase fee (for Day Pass, Trip Pass and Brisbane Road Pass).

Details of the applicable fees are published on this website.

6 YOUR DEVICES
We offer a number of different devices to use AirportlinkM7 or other Interoperable Tollroads. These include:

(a) Tags issued by us;
(b) Your LPN when you register your vehicle with us;
(c) Tags issued by Interoperable Tollroads;
(d) Your LPN when you register your vehicle with an Interoperable Tollroad;
(e) Prepaid Pass (this is the Trip Pass or Day Pass);
(f) Postpaid Pass (this is the Brisbane Road Pass)

In order to have an Account or Pass with us, you can be issued with a Tag, register for a Video Account, or register for a Pass. Only holders of a Prepaid Account may elect to receive a Tag issued by us. Holders of a Postpaid Account will be issued a Tag by us. Additional fees on other Tollroads may apply if you do not have a correctly mounted Tag in your vehicle when you travel.

6.2 Issuing of Tags
We will issue Tags to you:
(a) For every vehicle registered on your Postpaid Account; or
(b) If you have a Prepaid Account and request a Tag.

6.3 Ownership of Tags
Each Tag issued to you by us remains the property of BrisConnections. If we request its return (which we may do at any time), it must be returned to us within seven days.

6.4 Use of your Tags
6.4.1 You must retain possession of your Tags at all times unless we notify you otherwise.
6.4.2 You must secure your Tag from loss, theft, damage or destruction.
6.4.3 You must install, use or dispose of your Tags in accordance with our instructions. This includes only using a Tag in Vehicles that are of the same class as the Tag. If you use a Tag in a Vehicle that is not of the same class as the Tag, we may nevertheless charge your Account with the tolls, fees and charges due for that Vehicle's travel.

6.5 Tag messages
It is important to understand the meaning of the beeps emitted from your Tag (if we have issued one to you). These beeps indicate the status of your Account, enabling you to manage your Account Balance effectively.

(a) 1 beep means that the toll has been successfully charged to your Account;

(b) 1 beep + 2 beeps is a low balance warning indicating that it is time to recharge your Prepaid Account.

(c) 4 beeps means that your Account is no longer in credit and that:

(i) you may be subject to the consequences of failing to pay the applicable toll (see Clause 3.2);
(ii) we may reject tolls, fees and charges you incur on Interoperable Tollroads; and
(iii) it is time to recharge your Account.

(d) 0 beeps means that you should contact us as soon as possible.

6.6 Motorcycles
If a motorcycle is linked to your Account, we will not charge a video matching fee when it travels in AirportlinkM7, even if a Tag is not installed. However, Operators of Interoperable Tollroads may charge a video matching fee. The list of Interoperable Tollroads on our Website will indicate which (if any) operators of Interoperable Tollroads have agreed to waive video matching fees for travel on those roads by a motorcycle which is linked to your Account.

6.7 Lost and stolen Tags
If we have provided you with a Tag and it is lost or stolen, you must notify us immediately. You must also provide us with a copy of the Police Report or other evidence, such as an incident number, of the loss or theft if we ask for it. You will not be held responsible for any tolls, fees or charges that might arise from the use of the lost or stolen Tag from the time we receive your notification. However, a Tag fee may be charged to your Account and another Tag will be sent if you request a replacement.

6.8 Damaged and destroyed Tags
If we have provided you with a Tag and it is damaged, you must return it to us. If a Tag is destroyed, you must notify us immediately, and also provide us with evidence of the Tag's destruction if we ask for it. In either case, a Tag fee may be charged to your Account, and another Tag will be sent if you request a replacement.

6.9 Faulty Tags
6.9.1 If we have provided you with a Tag and it appears to be faulty, you must contact us and return the Tag to us. If you request a replacement, we will send another Tag to you, and waive any video matching fees that might arise in the seven days from the day we receive your notification to allow time for the return of the faulty Tag and the issue of the replacement Tag.

6.9.2 Subject to any conditions or warranties that by reason of any relevant legislation may not be excluded, neither you nor any other person will have any claim for damages if a Tag fails to operate correctly or we apply incorrect fees or charges.

6.10 Obligation to return Tags
6.10.1 If we have issued Tags to you and your Account has been closed or you ask us to close your Account, you must return all Tags associated with the Account to us within seven days.
6.10.2 If we direct you at any other time to return any Tag we have issued to you because, for example, you have not complied with your obligation to keep your prepaid Account in credit (see clause 8.7.1) or with your payment obligations in relation to your postpaid Account (see clause 8.11.3), you must return that Tag to us within seven days.

6.11 Erroneous tolls
If more than one Tag is carried in a Vehicle, we will endeavour to ensure that the applicable toll is charged only once for each passage by the Vehicle through a toll point. However, we will not be obliged to give credit for tolls charged in error in these circumstances.

7.0 YOUR PASS

7.1 Purchasing a Prepaid Pass (Day Pass or Trip Pass)

 

7.1.1 Prepaid Passes are Trip Passes and Day Passes.

7.1.2 You may purchase a prepaid Pass at a Customer Service Centre or a Retailer (only Trip Passes). Retail channel fees apply to Trip Passes purchased at a Retailer, and will be charged to your Pass at the time of purchase. Payment options for a Pass are listed on our Website and include:

(a) cash, EFTPOS, cheque, money order or debit/credit card payments at a Customer Service Centre or, at a Retailer;
(b) credit card payments via our Website or by telephoning our Customer Contact Centre.

7.1.3 The purchase price of each prepaid Pass is determined by us. There is a range of Passes intended to meet the exact cost of a single or return journey through one or more toll points on AirportlinkM7, and further Passes to meet the cost of multiple journeys through a range of toll points. These choices are explained further on our Website and in brochures available from our Customer Service Team and at the Retailers.

7.1.4 Each prepaid Pass is valid for travel on AirportlinkM7, but not on other Tollroads, by a single Vehicle. You must advise your Vehicle's details to us at the time you purchase a Pass including its LPN. We will then link your Vehicle to your Pass.

7.1.5 Please check the voucher provided to you when you purchase a prepaid Pass. If any of your Vehicle's details were recorded incorrectly, please contact our Customer Service Team so that we may correct them for you. If you do not provide correct details of your Vehicle including its LPN and your Vehicle travels on AirportlinkM7, we may not be able to associate your vehicle to your Pass and the registered vehicle operator may receive a deferred toll (violation letter) from us (or from the operator of the Interoperable Tollroad) which may include charges comprising tolls owed and an Deferred Toll Administration Fee.

7.1.6 You should retain the voucher provided to you when you purchase a prepaid Pass. You will need to quote the voucher/invoice number if you require assistance with or require information about your Pass.

7.2 Applying for a Postpaid Pass (Brisbane Road Pass)
7.2.1 Postpaid Passes are the Brisbane Road Pass.

7.2.2 You may ask us to provide you with a postpaid Pass by:
(a) completing an application on our Website;
(b) phoning our Customer Contact Centre and providing us with the details we require; or
(c) completing an Application Form and either handing it to our Customer Service Centre staff or posting it to us.

7.2.2.1 Your application for a Brisbane Road Pass is not complete unless you authorise us to collect payments periodically by direct debit from your credit card.

7.2.3 Each Brisbane Road Pass is valid for travel on AirportlinkM7 and Interoperable Tollroads by a single Vehicle. You must advise your Vehicle's details to us at the time you apply for a Pass including its LPN. We will then link your Vehicle to your Pass.

7.2.4 Please check the acknowledgement form provided to you when you complete your application for a Brisbane Road Pass. If any of your Vehicle's details were recorded incorrectly, please contact our Customer Service Team so that we may deal with the matter for you. If you do not provide correct details of your Vehicle including its LPN and your Vehicle travels on AirportlinkM7 or an Interoperable Tollroad, we may not be able to associate your vehicle to your Pass and the registered vehicle operator may receive a deferred toll (violation letter) from us (or from the operator of the Interoperable Tollroad) which may include charges comprising tolls owed and an Deferred Toll Administration Fee.

7.2.5 You should keep a record of the Brisbane Road Pass number provided to you when we accept your application for a Pass and ensure that you remember and keep secure, the PIN you selected. You will need to quote the Pass number if you require assistance with or information about your Pass, including assistance in obtaining a PIN, and will need to enter the PIN to log on to your Pass on our Website.

7.3 When a pass is valid

7.3.1 For a Trip Pass:
(a) You may choose a pass for travel on one of three segments of AirportlinkM7, namely between:
(i) Bowen Hills and Kedron;
(ii) Bowen Hills and Toombul; or
(iii) Kedron and Toombul;
(b) you may choose the pass to be active one, two or three days before the time of purchase;
(c) the pass remains valid for a period up to 6 months after the time of purchase;
(d) the pass is only valid for one trip on the segment of AirportlinkM7 for which it was purchased; and
(e) you will be able to check, at no extra cost, the number of passes registered to your LPN on our Website, by telephoning us on 1300 11 33 30 or in person at our customer service centre.

7.3.2 For a Day Pass:
(a) you may choose the pass to be activated one, two or three days before the date of purchase or up to two weeks after the date of purchase;
(b) the pass remains valid for the 24 hours (i.e. midnight to midnight) of the date chosen for activation for any number of trips on AirportlinkM7;
(c) you may not purchase more than 12 Day Passes in a 12 month period; and
(d) you will be able to check, at no extra cost, the number of passes registered to your LPN by telephoning us on 1300 11 33 30 or in person at our customer service centre.

7.3.3 For a Brisbane Road Pass:
(a) you may choose the pass to be activated on a date and time up to three days prior to date of purchase or up to 30 days after the date of purchase;
(b) you may choose the pass to be valid for a period of up to 30 days after the activation date and time;
(c) the pass is valid for any number of trips on AirportlinkM7 and other Brisbane Tollroads;
(d) the pass is valid only while we are able to collect payments by direct debit from the credit card or debit card linked to the pass; and
(e) you will be able to check, at no extra cost, the pass trip and payment details on our Website, by telephoning us on 1300 11 33 30 or in person at our customer service centre.

7.4 Travel with a valid pass
If we detect your Vehicle travelling on AirportlinkM7, we will assign your trip to your Day Pass or Trip Pass or charge your Brisbane Road Pass (if it is a Valid Pass) with the applicable toll and may also charge the video matching fee. If your Vehicle travels on a Interoperable Tollroad, we will charge your Brisbane Road Pass (if it is a Valid Pass) with the tolls, fees and charges advised to us by the operator of the Interoperable Tollroad.

7.5 Travel without a Valid Pass
7.5.1 If your Vehicle travels through a toll point on AirportlinkM7 and it is not then linked to a Valid Pass or to another valid Tolling Product, you should:
(a) purchase a pass linked to your Vehicle within the following three Business Days; and
(b) ensure that the new Pass is activated no later than the time when your Vehicle travelled through the toll point.

7.5.2 Alternatively, our Customer Service Team will be happy to discuss the use of an Account to pay for this travel.

7.5.3 If you do not arrange to pay for your travel in any of the ways permitted under clauses 7.5.1 and 7.5.2:
(a) additional fees and charges may apply; and
(b) the registered vehicle operator may receive an invoice or request for payment from us.

7.6 Payments: Brisbane Road Passes
7.6.1 You must, when applying for a Brisbane Road Pass, authorise us to collect payments by direct debit from your credit card or debit card.

7.6.2 We will collect payment for the balance of your Brisbane Road Pass (comprising tolls and video matching fees charged less the amounts we have previously collected) by direct debit in accordance with the authority you give to us. We will usually attempt to collect payment every seven days by debiting your credit/debit card with the amount required to restore your Account Balance to zero, commencing seven days after the activation date and time of the pass.

7.6.3 We will collect payments by direct debit after the validity period for travel under your Brisbane Road Pass expires if:
(a) tolls and fees are charged to your Pass before the validity period expires but after the time we last collected a payment for your Pass; and
(b) tolls and fees for travel before the validity period expires are delayed and are not charged to your Pass until after the validity period expires.

7.7 Account information/Tax Invoice/Receipt: Brisbane Road Passes
7.7.1 If you require a statement that shows the amounts charged and credited to your Brisbane Road Pass, including applicable tolls and fees for use of AirportlinkM7 and Interoperable Tollroads, you should ask us and provide us with the other information we require. We will then provide you with access to an electronic statement. You may view and download your statements, and view information about other amounts credited or charged to your Pass, by logging onto your Pass on our Website.

7.7.2 If you provide us with an email address we will advise you each time a new statement is available for access.

7.7.3 You may ask us to print your statement and post it to you, or to print it at a Customer Service Centre and hand it to you.

7.8 Refunds and transfers: Prepaid Passes
7.8.1 We will not refund part or all of the purchase price of a prepaid Trip Pass or prepaid Day Pass, and will not transfer part or all of the purchase price of a Pass to another Pass or to an Account.

7.8.2 We will not refund or transfer the remaining balance of a prepaid Trip Pass or Day Pass (if any) at its Expiry Time.

8.0 YOUR ACCOUNT

An Account can be a Video Account or a Tag Account. If you require unrestricted travel on all Tollroads in Australia, it is preferable to have a Tag as additional fees may apply on other Tollroads if you do not have an operating Tag in your vehicle.
Business Accounts can be either Prepaid Accounts or Postpaid Accounts. For Postpaid Accounts, all vehicles registered on the Account will be issued with a Tag and must travel with a Tag. For Prepaid Accounts, you may elect to receive a Tag for each vehicle registered on the Account or a Video Account can be established. Tags are not required for Prepaid Accounts in which case Video Accounts will be established but additional fees may apply on other Tollroads if you only have a Video Account with AirportlinkM7. Additional fees on other Tollroads may apply if you do not travel with a correctly mounted Tag.

Details of the applicable fees will be published on our Website.

8.1 Your Vehicles
8.1.1 We will link each of your Vehicles to your Account when you advise the Vehicle's details to us.

8.1.2 If your Vehicle travels on AirportlinkM7 and is not linked to an Account and does not have a correctly operating Tag then we will not be able to associate that travel to your Account and additional fees and charges may apply and the registered vehicle operator may receive an invoice or request for payment from us.

8.2 Application to earlier travel
8.2.1 This agreement applies to travel on AirportlinkM7 by Vehicles linked to your Account from the Activation Time.

8.2.2 When you open your Prepaid Account, you may specify an Activation Time which is up to three days before the Default Activation Time to allow previous toll passages on AirportlinkM7 to be charged to your Account.

8.2.3 We will endeavour to charge your Account with the tolls, fees and charges advised to us by the operators of Interoperable Tollroads for travel on Interoperable Tollroads in Vehicles linked to your Account from the Activation Time.

8.3 Tags and Vehicles
8.3.1 You may have multiple Tags and Vehicles linked to your Account.

8.3.2 For a Postpaid Account, there is a Monthly Minimum Usage Amount requirement but no limit of Tags or Vehicles you can link to your Account, subject to a satisfactory credit check.

8.3.3 For a Prepaid Account:
(a) there is no minimum account usage;
(b) at least one Vehicle must be linked to your Account;
(c) there is no maximum number of Vehicles which can be linked to your Account;
(d) a maximum on one Tag per Vehicle will be provided at no cost; and
(e) no credit check applies.

8.3.4 You may ask us to add new Tags or Vehicles to your Account or remove Tags or Vehicles from your Account at any time (e.g. if you lose a Tag or sell a Vehicle) by notifying us of the Account Details that we require. If you ask us to remove a Tag from your Account, we request that the Tag be returned to us. Additional fees may be charged to your Account if you do not return a Tag which has been removed from your Account.

8.3.5 If any of your Vehicle's details have been recorded incorrectly, please log onto your Account on our Website to correct them or contact our Customer Service Team so that we may correct them for you. If you do not keep your vehicle details up to date or provide correct details of your Vehicle including, in particular, its LPN and your Vehicle travels on AirportlinkM7 or a Interoperable Tollroad we may not be able to associate your vehicle to your Account and the registered vehicle operator may receive a deferred toll (violation letter) from us (or from the operator of the Interoperable Tollroad) which may include charges comprising tolls owed and a Deferred Toll Administration Fee.

8.4 Account Details
8.4.1 In order to establish an Account with AirportlinkM7, you must complete an Application Form and provide all Account Details to us.

8.4.2 You must notify us of any changes to your Account Details within seven (7) Business Days. If you do not, you might not receive important information from us and we may not be able to associate your vehicle to your Account and the registered vehicle operator may receive a deferred toll (violation letter) from us (or from the operator of the Interoperable Tollroad) which may include charges comprising tolls owed and an Deferred Toll Administration Fee.

8.4.3 You should keep a record of the Account number provided to you when you open an Account and ensure that you remember and keep secure the PIN you selected. You will need to quote the Account number if you require assistance with or information about your Account, including assistance in obtaining a PIN, and will need to enter the PIN to log on to your Account on our Website. You will be responsible for all costs, liabilities and charges relating to any unauthorised use of the PIN if you fail to keep it secure.

8.5 Statements
8.5.1 We will provide you with access to an electronic statement that shows the amounts credited and charged to your Account, including applicable tolls and fees for use of AirportlinkM7 and Interoperable Tollroads. You may view and download your statements, and view information about other amounts credited or charged to your Account, by logging onto your Account on our Website.

8.5.2 You can choose the frequency of your statements. If you provide us with an email address we will advise you each time a new statement is available for access. Additional fees may be charged to your Account if we provide you with a printed statement more frequently than once per quarter other than for Business Accounts, where printed statements may be provided monthly without any additional fee.

8.5.3 You may ask us to print your statement and post it to you, or to print it at a Customer Service Centre and hand it to you. Additional fees may be charged to your Account if we provide you with a printed statement pursuant to clause 8.5.2.

8.5.4 The balance of your Account can be viewed online by logging onto your Account on our Website. Our Customer Service Team will also advise you of the balance of your Account on request.

8.5.5 Up-to-date information about your Account, including your Account Balance from the previous day and amounts credited or charged to your Account up to and including that day, is available free of charge via our Website or by telephoning us on 1300 11 33 30.

8.5.6 Unless you notify us that you disagree with an amount credited or charged to your Account within 60 days of that amount being so recorded, that amount as recorded will be considered to be correct. Where you dispute an amount credited or charged to your Account, you must continue to comply with this agreement as if the amount as recorded is correct.

8.5.7 Where you dispute an amount credited or charged to your Account, we may, at our discretion:
(a) credit your Account for all or part of the disputed amount; or
(b) make other arrangements reasonably necessary to allow for the continued operation of your Account until the dispute is resolved.

8.6 Payments
8.6.1 We request that you authorise us to collect payments by direct debit from a bank account, credit card or debit card.

8.6.2 If you have a Prepaid Account, we will collect recharge payments by direct debit (if you have authorised us to do so) when your Account Balance falls to the specified recharge level. The recharge level and the minimum recharge amount you may nominate for collection by direct debit are listed on our Website. The minimum recharge amount will apply to your Prepaid Account unless you advise us of a higher amount that we should use.

8.6.3 Subject to the maximum amount referred to in clause 8.7.1, you may pay amounts into your Account at any time, by any of the other payment options listed on our Website and on your statements. These include:
(a) cash, EFTPOS, cheque, money order or debit/credit card payments at a Customer Service Centre or, if you have an AirportlinkM7 account card, at a Retailer;
(b) debit/credit card payments via our Website or by telephoning our Customer Contact Centre;
(c) payments via Bpay© or Post Billpay© if you have a Postpaid Account; and
(d) payments via QPay© or PayPal© if you have a Prepaid Account.

8.6.4 You must quote your Account number when you use any of the payment methods listed in clause 8.6.3 unless:
(a) you make a payment to your Account at a Retailer, when you must use your AirportlinkM7 account card (clause 8.7.5); or
(b) you make a payment to your prepaid Account at a Customer Service Centre, when you may use your AirportlinkM7 account card.

8.6.5 Additional fees and charges from third parties which are incurred by BrisConnections may apply if you use any of the payment methods listed in clause 8.6.3, except cash or cheque, to make a payment to your Prepaid Account.

8.7 Keeping your Prepaid Account in Credit
8.7.1 You must make payments to your Prepaid Account, using any of the payment options listed in clause 8.6, to keep it in credit at all times. You cannot hold more than $6,000 in credit at any time and any prepayment monies in the Prepaid Account will be held in trust for you until charges become due on your Prepaid Account under this Agreement or we have discharged our obligation (if any) to you under clause 9.4.2.

8.7.2 We will attempt to issue a Tag message (clause 6.5) when the balance of your prepaid Account falls to the applicable low balance warning level, to advise you that a payment to your Account will soon be required. We will also attempt to contact you by email or SMS if you have provided us with details of your email address or SMS-enabled phone number. The low balance warning level is listed on our Website.

8.7.3 If you have authorised us to collect payments by direct debit from a bank account or credit card, we will attempt to recharge your Prepaid Account by direct debit when your Account Balance falls to the recharge level. If a direct debit is unsuccessful, an additional fee may apply and you must then use one of the payment options listed in clause 8.6.3 until you provide us with a new direct debit authority.

8.7.4 If we do not hold a valid authority to collect payments by direct debit, we will attempt to issue a Tag message (clause 6.5) when your Prepaid Account balance falls to the recharge level. We will also attempt to contact you by email or SMS if you have provided us with details of your email address or SMS-enabled phone number. You must then use one of the payment options listed in clause 8.6.3 to recharge your Account.

8.7.5 You may ask us to provide you with an AirportlinkM7 account card, to assist us in identifying the Prepaid Account to which we should credit payments made at a Customer Service Centre or a Retailer. You must quote your Account number when you make a payment using one of the other options listed in clause 8.6.3.

8.7.6 If at any time your Prepaid Account is not in credit:
(a) and if we have provided you with a Tag, we may ignore it and use photographs of your Vehicle as it travels through toll points on AirportlinkM7 to identify it;
(b) we may direct you to return any Tags we have provided to you, and charge Tag fees to your Account for any Tags which you have not returned to us;
(c) we may treat each trip as an infringement and send you a deferred toll (violation letter) which may include charges comprising tolls owed and an Deferred Toll Administration Fee; and
(d) we may reject tolls, fees and charges you incur on Interoperable Tollroads (clause 4.2.3).

8.8 Payment of your Account
8.8.1 You acknowledge and agree to give us a standing authorisation over the debit/credit card or bank account you nominated when applying for your Account.

8.8.2 We will automatically make payment to your Account by debiting your debit/credit card or bank account with the amount required and otherwise pursuant to this agreement.

8.9 Amounts due generally
If you agree to pay, or if you owe us, any amount under this agreement, we may charge it to your Account. If we charge to your Account an amount less than the amount owing, this does not limit our right or ability to charge to your Account, or otherwise recover from you, the remainder of the amount owing.

8.10 Overpayments
If you overpay an invoice issued to you in relation to travel on AirportlinkM7 without a valid Account or Pass, the overpayment amount less applicable merchant or bank charges will be refunded to you.

8.11 Postpaid Accounts
8.11.1 When we accept your application for a Postpaid Account, we may specify a Maximum Monthly Amount which applies to your Postpaid Account. If it becomes apparent that you will exceed the Maximum Monthly Amount:
(a) we may require security for payment of the amount in excess of the Maximum Monthly Amount;
(b) we may issue interim invoices for payment;
(c) we may suspend your Account.

8.11.2 If the Monthly Account Usage for your Postpaid Account is less than the Monthly Minimum Usage Amount on average over a 12 month period, we may require you to transfer to a Prepaid Account or to close your Postpaid Account.

8.11.3 Credit Terms and Conditions: Postpaid Accounts

8.11.3.1 You must ensure that we receive payment of the month-end balance of your Postpaid Account within 14 days of the end of each month. You may use any of the payment options listed in clause 8.6 to do so.
8.11.3.2 Your Postpaid Account will be Overdue if you do not comply with your obligations under clause 8.11.3.1.
8.11.3.3 If you have authorised us to collect payments by direct debit from a bank account or debit/credit card, we will attempt to collect the month-end balance of your Postpaid Account by direct debit not less than 14 days after the end of the relevant month. If a direct debit is unsuccessful, an additional fee may apply and you must then use one of the payment options listed in clause 8.6.3 until you provide us with a new direct debit authority.
8.11.3.4 If at any time your Postpaid Account is Overdue, and:
(a) if we have provided you with a Tag, we may ignore it and use photographs of your Vehicle as it travels through toll points on AirportlinkM7 to identify it;
(b) we may direct you to return any Tags we have provided to you, and charge Tag fees to your Postpaid Account for any Tags which you have not returned to us;
(c) we may treat each trip as an infringement and send you an invoice requesting payment; and
(d) we may reject tolls, fees and charges you incur on Interoperable Tollroads (clause 4.2.3).

8.12 Interest
8.12.1 You will not accrue nor be entitled to any interest on any moneys held by us in an Account or otherwise.

9 SUSPENSION AND CLOSURE OF YOUR ACCOUNT

9.1 Trigger Events
The following table lists the grounds upon which we may suspend or close your Account (each a Trigger Event):

 

Trigger Event	Notice Period	Remedial Action
You don't pay an amount you owe us within 5 days of the date it was due	7 days	Pay the amount due
You don't comply with your obligation to keep your Prepaid Account in credit (clause 8.7.1). That is, the balance of your Prepaid Account is less than the Minimum Balance and a recharge payment is not made successfully.	The period of time commencing when notice is given to you and ending when the balance of your Account is zero or less	Pay the amount due and comply with the relevant obligations including paying the required amount into your Account to restore the balance of your Account to the Minimum Balance.
You don't comply with your payment obligations and your Postpaid Account is Overdue (clause 8.11.3).	7 days	Pay the amount due and comply with the relevant obligations
You don't comply with your payment obligations for your Brisbane Road Pass (clause 7.6).	Immediate for suspension, 5 days for closure	Pay the amount due and comply with the relevant obligations
You don't comply with one or more of your other obligations under this agreement	5 days	Comply with relevant requirements/obligations
We're required by law to suspend or close your Account	5 days or less if required by law	Comply with requirements as notified to you, if any
For Postpaid Account Holders, we have reasonable concerns about your creditworthiness	Immediate for suspension, 5 days for closure	Comply with requirements as notified to you, if any in each case

 

We will not suspend or close your Account if you take the corresponding Remedial Action within the corresponding notice period as shown above. During the corresponding notice period as shown above, and:

(a) if we have provided you with a Tag, we may ignore it and use photographs of your Vehicle as it travels through toll points on AirportlinkM7 to identify it;
(b) we may direct you to return any Tags we have provided to you, and charge Tag fees to your Account for any Tags which you have not returned to us;
(c) we may treat each trip as an infringement and send you an invoice requesting payment; and
(d) we may reject tolls, fees and charges you incur on Interoperable Tollroads (clause 4.2.3).

We will notify you when we suspend or close your Account.

A suspension of your Account means that your rights under this agreement are temporarily suspended until you take the required Remedial Action. If your Account has been suspended, we will end the suspension if you take the required Remedial Action. We will notify you when we end the suspension.

9.2 Voluntary closure
You may ask us to close your Account at any time by advising us in writing using the appropriate form available for download from our Website, online by completing the form and accepting the terms or in person by visiting a Customer Service Centre.

9.3 Inactive Account
9.3.1 If your Account:
(a) credit balance falls below the minimum threshold amount notified by us to you from time to time, and:
(i) in the case of an Account with a direct debit authority, we are unable to automatically direct debit your nominated account; or
(ii) in the case of an Account with a debit/credit card authority, we are unable to automatically debit your nominated credit card; or
(iii) in the case of an Account established by a cash payment, your quarterly Account statement is returned to us and marked "return to sender"; or
(b) has not been used for a continuous period of 6 months,
we will mark the Account as "inactive".

9.3.2 If an Account is "inactive" for a period of one year, we may attempt to contact you, so that you may tell us:
(a) if it is a Prepaid Account, whether you want it kept open; and
(b) if it is a Postpaid Account, whether you want to convert it to a Prepaid Account.
If we do not receive a response within 30 days:
(i) We will close the Account; and
(ii) Undertake a Final Account balance pursuant to clause 9.4.

9.4 Final Account balance
9.4.1 Before we close your Account, we will charge Tag fees to your Account for any Tags which you have not returned to us and we will deduct such fees and charges from the remaining credit balance in the Account (if any).

9.4.2 If your Account is then in credit, we will pay the balance:
(a) to your nominated bank account or debit/credit card, if we have received payments by direct debit;
(b) to another bank account or debit/credit card, if you have requested us to do so in writing;
(c) by cheque, payable to you and mailed to your address; or
(d) as required by law, if we have been unable to contact you.

9.4.3 If your Account is not then in credit, we will attempt to contact you and ask you to pay the balance due. If you do not pay the amount due to us within seven days, we may take action to collect it. The actions we may take include infringement and enforcement action in relation to unpaid tolls and related fees and charges.

9.4.4 After your Account is closed we will provide you with a statement setting out:
(a) any outstanding tolls and fees for travel by your Tags (where applicable) and or your Vehicles on AirportlinkM7 or any other Interoperable Tollroad, including charges referred to in clause 9.6;
(b) any Tag Missing Fee which is due under clause 9.7(b);
(c) any outstanding Account Management Fees which are due;
(d) any other amounts you owe us under this agreement; and
(e) any amounts we owe you under this agreement, including any applicable Tag Replacement Fee paid by you which hasn't already been credited to your Account.

9.5 Effect of suspension or closure on travel
If any of your Tags (where applicable) or your Vehicles is detected travelling on AirportlinkM7 or another Interoperable Tollroad while your Account is suspended or after your Account has been closed:
(a) this agreement won't apply to such travel on AirportlinkM7 or that other Interoperable Tollroad;
(b) the registered owner or driver of the Vehicle may be guilty of an offence under the Act or the applicable legislation for that other Interoperable Tollroad; and
(c) the registered owner or driver of the Vehicle may receive an invoice or request for payment of the applicable tolls and fees for that travel on AirportlinkM7 or the Interoperable Tollroad.

9.6 Payments for travel before suspension or closure
After suspension or closure of your Account we may charge your Account with the applicable tolls and fees for travel by your Tags or your Vehicles on AirportlinkM7 or any other Interoperable Tollroad that occurred before suspension or closure of your Account.

9.7 Obligation to return Tags
This clause 9.7 only applies to all Tag Accounts.
(a) When your Account is closed you must return all your Tags that you haven't already returned.
(b) You must pay to us the Tag Missing Fee for:
i. each Tag you don't return within 7 days after your Account is closed; and
ii. each Tag you return within 7 days after your Account is closed that is damaged beyond fair wear and tear.
(c) Despite clause 9.7(b), you won't be required to pay the Tag Missing Fee if, prior to incurring the obligation to pay the Tag Missing Fee, you've paid an aggregate amount of AirportlinkM7 Tolls in respect of your Account equal to or exceeding the Tag Missing Fee Waiver Amount.

9.8 Ending this agreement
This agreement will end when:
(a) your Account is closed; and
(b) we have provided you with a statement under clause 9.4.4; and
(c) the period for payment of all amounts due under clause 9.4.3 has expired.
However, this won't affect your obligation to pay all amounts due under clause 9.4.3 and any other outstanding obligations, such as your obligation to pay the applicable charges for travel on another Interoperable Tollroad prior to closure of your account and our obligation to pay any amount owed to you.

10 CHANGES TO THIS AGREEMENT

10.1 We may change or vary any of the terms of this agreement by publishing the changes or the varied agreement on our Website. A notice on our Website will advise how you may obtain a free copy of the varied agreement. If you have an Account your next statement will also advise how to obtain a free copy of the varied agreement.

10.2 A summary of any changes to the terms which could materially adversely affect you will be published in the Courier Mail or the Australian newspapers or any successor publication.

11 PRIVACY
11.1 We will maintain electronic or other records in relation to each of your Tolling Products, and otherwise in relation to you including details of:
(a) if you have an Account or Pass, your name and the contact details and other information you provide, whether in an application or subsequently;
(b) all transactions involving any Vehicle linked to your Account or Pass, under your control or of which you are the driver or registered vehicle operator; and
(c) all transactions involving a Tag linked to your Account.

11.2 You agree to us collecting, using and disclosing your Personal Information in the performance of our obligations and exercise of our rights under this agreement, and in accordance with our Privacy Policy. In particular, we may use information related to your travel on AirportlinkM7 for our market research and, if you have an Account or Pass, we may notify you of new services, changes to this agreement, changes to or discontinuance of our services and changes to conditions for the use of AirportlinkM7.

11.3 Our Privacy Policy (copies of which are available on our Website and on request from our Customer Service Team) sets out details of how we collect, use and disclose your Personal Information and explains how you can access the Personal Information we hold about you and seek to have it corrected.

11.4 AirportlinkM7 respects your right to privacy and is committed to privacy protection. This commitment is set out in our Privacy Policy. If you want to ask us anything in particular about how we protect your privacy, you can contact us by emailing assist@AirportlinkM7.com.au or by calling 1300 11 33 30.

11.5 We require the personal details that you provide on your AirportlinkM7 Account or Pass Application Form to open and manage your Account or Pass and to process payments. If you do not provide us with these details, we will not be able to open your Account or Pass.

11.6 We use the information collected by the electronic toll collection system to calculate and collect your fees and to help us manage your Account or Pass. As a vehicle travels through one of AirportlinkM7's toll zones, equipment on an overhead gantry will detect and classify the vehicle and will read the vehicle's LPN and Tag (if one is detected). The computer system will automatically deduct the appropriate amount from the motorist's Account or Pass. The computer system will retain a record of the time and the date that the vehicle passed through the toll zone. To allow for motorists who use AirportlinkM7 without making an arrangement to pay the Toll, the vehicle details and images collected may be used to issue an Unpaid Toll invoice or to pass vehicle images to Police (if requested to do so). As with many major roads in Australia, there are also a number of closed-circuit television cameras on AirportlinkM7. AirportlinkM7 uses these cameras to monitor traffic conditions and incidents.

11.7 We may also use information that we collect from you for the communication of any of our other products and services. However, we recognise that you may not want your personal information to be used in this way. You have the right to inform us that you do not wish us to address our marketing communications specifically to you. We do not give your personal information to other organisations for their marketing purposes.

11.8 If you wish to access your personal information, or you become aware that this information is incorrect, please contact us via email or phone 1300 11 33 30.

12 GENERAL

12.1 Registration plates and Vehicles
12.1.1 You must ensure that the registration plates for each of your Vehicles are correctly fitted so that the LPN is displayed whenever your Vehicles travel on AirportlinkM7 or a Interoperable Tollroad.

12.1.2 If any of your Vehicles or their registration plates are lost or stolen, you must notify us immediately. You must also provide us with a copy of the Police Report or other evidence of the loss or theft if we ask for it.

12.2 Control of Tollroads
You must comply with:
(a) all signage on AirportlinkM7 or a Interoperable Tollroad;
(b) any direction or requirement of any employee or officer of BrisConnections or its Related Companies whilst on or in the vicinity of AirportlinkM7;
(c) any like direction or requirement of any employee or officer of an operator of a Interoperable Tollroad; and
(d) all other lawful traffic directions.

12.3 Notices to you
12.3.1 When we are required to give you a notice (including a statement), we may notify you by any of the methods listed in the table below. You and all the drivers and registered owners of the Vehicles linked to your Account will be taken to have received the notice at the corresponding time specified in the table below.

 

Notice method	Time when you are taken to have received the notice
Giving the notice personally to you	When we give you the notice
Leaving the notice at the address that you last gave us for your Account	When we leave the notice at your address
Sending the notice by post to the address that you last gave us for your Account	3 Business Days after we post the notice
Sending the notice by fax to the fax number that you last gave us for your Account	At the time shown in the transmission report as the time that the whole fax was sent
Sending the notice by email to the email address that you last gave us for your Account	The day after the email was sent, unless we receive an automated message that the email has not been delivered
Sending the notice by SMS to the mobile phone number that you last gave us for your Account	The day after the SMS was sent
Activating a particular beep pattern on your Tag - refer to our Website for an explanation of the various beep patterns	When we signal the Tag to produce the beep pattern
Any other way the law allows or as set out in clause 12.3.2	When you receive the notice

 

12.3.2 If we provide a notice by any one or more of the following methods:
(a) publishing the notice on our Website;
(b) publishing the notice in the Courier Mail or the Australian newspapers (or any successor publication); or
(c) any other way the law permits,
You and all the drivers and registered vehicle operators of the Vehicles linked to your Account or Pass will then be taken to have received the notice.

12.4 Notices to us
Unless otherwise provided in this agreement, you may give notices to us by any of the methods listed in the table below and we will be taken to have received the notice at the corresponding time specified in the table below. We will notify you if our contact details change.

 

Notice method	Time we are taken to have received the notice
Telephoning us on 1300 11 33 30	When you provide all the relevant information to us
Delivering the notice to our Customer Service Centre at Level 1, 1 Clarence Street, Kedron, Qld, 4031	When the notice was delivered
Sending the notice by post to PO Box 412, Lutwyche QLD 4030	3 Business Days after you post the notice
Sending the notice by fax to 07 3170 1911	At the time shown in the transmission report as the time that the whole fax was sent
Sending the notice by email to enquiry@airportlinkm7.com.au	The day after the email was sent, unless you receive an automated message that the email has not been delivered

 

12.5 Enquiries, complaints and disputes
12.5.1 If you have an enquiry, dispute or wish to make a complaint about the operation of your Account or Pass or this agreement, you should contact us.

12.5.2 You may contact us by telephoning us on 1300 11 33 30, visiting one of our Customer Service Centres, completing the message form on our Website or sending an email to our Email Address.

12.5.3 A customer service contact officer will respond to you as soon as possible. If you are not satisfied with our response, you can ask to have the matter reviewed. A customer service charter setting out how enquiries, complaints and disputes are managed is available from our Customer Service Team.

12.5.4 We will attempt to resolve all enquiries, disputes or complaints quickly and if we find that any amounts have been incorrectly applied we will take corrective action immediately.

12.5.5 The internal dispute resolution service referred to in clauses 12.5.1 - 12.5.4 is a free service and is designed to cater for disadvantages groups. We refer you to the customer service charter.

12.5.6 If we still haven't resolved your concern to your satisfaction, you can raise the problem with the Tolling Customer Ombudsman. Details on how to contact the Tolling Customer Ombudsman can be found on our Website or by telephoning us on 1300 11 33 30.

12.6 Evidence
A statement under the hand of one of our managers setting out an amount due to us, any interest owing on that amount, the date and time at which any Vehicle passed through a toll point or any other matter, fact or thing relating to:

(a) this agreement;
(b) your Vehicle's use of, or your Tag's presence on, AirportlinkM7; or
(c) information provided to us by the operator of a Interoperable Tollroad,
shall be prima facie evidence of the correctness of the facts set out in that statement.

 

12.7 Warranties
12.7.1 If you are a business entity, you warrant that:
(a) you have power to enter into this agreement;
(b) the signatories to your application are duly authorised to commit the entity to this agreement;
(c) all of the information supplied to us in your application, or subsequently, is true and correct; and
(d) any person advised to us as having authority to give or receive notices on your behalf is duly authorised to give or receive such notices.

12.7.2 You acknowledge that neither we nor any of our Related Companies warrant:
(a) the condition of any AirportlinkM7;
(b) travelling times or traffic volumes on any AirportlinkM7;
(c) whether or not any AirportlinkM7 will be open at any time for travel;
(d) anything at all to do with a Interoperable Tollroad;
(e) whether your Account or Pass or any other Tolling Product is the most suitable or appropriate Tolling Product for you; or
(f) that a Tolling Product will be able to be used on a Interoperable Tollroad.

12.7.3 You acknowledge that from time to time maintenance or other work may be carried out on AirportlinkM7 or an Interoperable Tollroad and that this may disrupt traffic flows on that road. You acknowledge and agree that neither we nor any of our Related Companies is liable for any delay or damage caused to you arising out of any travel on AirportlinkM7 or Interoperable Tollroad including damage to any Vehicle linked to your Account or Pass, under your control or of which you are the driver or registered vehicle operator.

12.8 Our liability
12.8.1 Neither we nor any of our Related Companies will be liable to you or anyone claiming through you for any loss or damage (including consequential loss) suffered by you in connection with any travel on AirportlinkM7 or any Interoperable Tollroad or due to a malfunction or defect caused by your failure to comply with the terms of this agreement.

12.8.2 To the maximum extent permitted by law, neither we nor any of our Related Companies will be liable, whether in contract, tort, under statute or otherwise for any loss (including consequential loss and loss or profit) damage or expense that a person incurs arising directly or indirectly from:
(a) the person's use, installation or removal of a Tag or the Tag holder;
(b) any error or delay in charging tolls, fees or charges to your Account or Pass; or
(c) anything else in connection with this agreement.

12.8.3 Where our liability cannot be excluded, then we reserve the right (where we can legally do so) to limit our liability to:
(a) the resupply of the service; or
(b) a refund of the moneys paid for the service.

12.8.4 This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.

12.9 Assignment
We may assign our rights under this agreement to another person at any time without providing notice to you. If you wish to change the person who is the customer for your Account, you must ask us.

12.10 Entire agreement
This agreement is the entire agreement about using AirportlinkM7, your Account or Pass, your Tags and other devices 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.

12.11 Severance
Any provision of this agreement must be read down to the extent necessary to prevent that provision or 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.

12.12 Waiver
Unless otherwise expressly provided by this agreement, a party does not waive a right, power or discretion just because it:
(a) fails to exercise it;
(b) only exercises part of it; or
(c) 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. Any of our rights created under this agreement may only be waived in writing signed by us.

12.13 Governing law
This agreement provided by the law of Queensland.

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

13.0 DEFINITIONS AND INTERPRETATION

 

Account has the meaning given in clause 2.1.1 and includes a Postpaid Account or a Prepaid Account and any other account opened with AirportlinkM7 Pty Limited.

Account Details means:
(a) your name and the address to which notices and other correspondence (including printed statements, if applicable) should be posted:
(b) the LPN for each Vehicle linked to your Account; and
(c) such other information as we require to open and administer your Account, which may include your bank account or debit/credit card details if you authorise us to collect payments by direct debit.

Account Year means a period of 12 consecutive months commencing from the date of commencement under clause 2.2 of this Agreement for an Account and on each anniversary of thereafter.

Act means the Transport Infrastructure Act 1994 and any amendment or variation or re-enactment of it and including any subordinate or delegated legislation made pursuant to the authority of that Act.

Activation Time means, for any Tolling Product, the Default Activation Date/Time unless you tell us, at the time you apply for or purchase the Tolling product, that you want it to commence at a different date/time and that time is permitted under clause 8.2.2 (if it is a prepaid Account) or clause 7.3 (if it is a Pass).

AirportlinkM7 means the AirportlinkM7 Tollroad.

AirportlinkM7 account card means a card which we may make available to holders of Accounts in relation to their Account.

AirportlinkM7 Operations Centre or ALOC means our operations centre located at Cnr Stafford and Clarence Roads, Kedron, Brisbane Queensland.

AirportlinkM7 Pty Limited means AirportlinkM7 Pty Limited ACN 149 633 929

AirportlinkM7 Tolls means the tolls payable for travel on AirportlinkM7.

Application Form means an application to open an Account or obtain a Pass.

Brisbane Road Pass means a postpaid limited duration Video Account for infrequent or inadvertent users of AirportlinkM7 and other Tollroads in Brisbane who may need a number of trips in a fixed period. This is for a casual user and is subject to this agreement.

BrisConnections means BrisConnections Operations Pty Limited ACN 128 615 547.

 

Business Account means a Prepaid Account opened by a business with an ABN recorded on the account or a Postpaid Account.

 

Business Day means a day in Brisbane that is not a Saturday, Sunday or a public holiday on which banks are generally open for business.

Commercial Vehicle means a Heavy Commercial Vehicle or a Light Commercial Vehicle (each as defined on our Website).

 

Customer Contact Centre means any customer contact centre we operate.

Customer Service Centre means any customer service centre we operate including that located at ALOC.

Customer Service Team means any Customer Service Centre or Customer Contact Centre we operate.

Day Pass means a pass for infrequent or inadvertent one-off users which is valid for 24 hours and does not provide interoperability with other Tollroads, which can be prepaid or postpaid and is subject to this agreement.

Default Activation Time means, for any Tolling Product, midnight at the beginning of the day when:
(a) you applied for the Account (if it is a Prepaid Account);
(b) we accepted your application for the Account (if it is a Postpaid Account);
(c) you purchased the Pass (if it is a prepaid Pass); or
(d) you applied for the Pass (if it is a postpaid Pass).

 

Deferred Toll Administration Fee means the amount notified on our website which may be charged in addition to tolls owed when a vehicle travels on AirportlinkM7 and there is no valid arrangement in place to pay for that travel.

 

Device means any device enabling you to use AirportlinkM7 including Tags and Passes.

Email Address means enquiries@AirportlinkM7.com.au or such other email address as we may advertise from time to time.

 

Expiry Time means the end of period for which a Pass is valid as defined in clause 7.3.

 

Interoperable Tollroad means a Tollroad (other than AirportlinkM7), listed on our Website, which is operated by an operator with whom we have an agreement under which we will accept and charge your Account or postpaid Pass with tolls and other applicable fees and charges for one or both of:
(a) the use on those Tollroads of any Tag we have provided to you; or
(b) travel on those Tollroads by your Vehicle without the use of a Tag.

LPN means Licence Plate Number or the registration plate number and:
(a) the State in which the registration plate is registered; or
(b) if the registration plate is not registered in a State, the abbreviated name (as stated on the registration plate) of its issuer.

 

Maximum Monthly Amount means an amount determined by us in relation to your Postpaid Account.

Monthly Account Usage means the aggregate tolls charged to your Account in a calendar month.

Monthly Minimum Usage Amount means the minimum Monthly Account Usage determined by us and agreed to by you in relation to your Postpaid Account.

 

Overdue means payment is not made in accordance with this agreement.

 

Pass means the products described in clause 2.1.1(c), (d) and (e).

 

Pass Details means:
(a) the LPN for each Vehicle linked to your Pass; and
(b) such other information as we require to open and administer your Pass.

 

Personal Information means information about you, from which your identity could reasonably be ascertained, including:
(a) your Account Details;
(b) your Pass Details;
(c) records of your use of AirportlinkM7 and Interoperable Tollroads including photographs and video recordings;
(d) financial information relating to your Account or postpaid Pass including your Account balance, payments made and amounts owing; and
(e) financial information relating to your prepaid Pass including the purchase price and remaining balance.

 

Postpaid Account means an account for commercial frequent motorists with an ABN who want interoperability with all Tollroads in Australia, requires a Monthly Minimum Usage Amount and is subject to this agreement.

 

Related Companies means our holding company, BrisConnections, and each of its other subsidiary companies.

 

Remedial Action means any of the actions required in the table contained in clause 9.1.

 

Retailer has the meaning given in clause 3.1.

 

Prepaid Account means a prepaid account for private or commercial, everyday or frequent motorists who want the ultimate in convenience and interoperability with all Tollroads in Australia, allows multiple vehicles to be linked to the account and is subject to this agreement.

 

Tag means an electronic device issued by us or our nominee by which the use of Vehicles on AirportlinkM7 and Interoperable Tollroads may be detected.

 

Tag Account means an Account for which we have issued you with a Tag. A Tag Account is fully interoperable with all other Tollroads in Australia.

 

Tolling Customer Ombudsman means the person nominated from time to time to provide a free and independent dispute resolution process for customers of AirportlinkM7.

 

Tolling Product means an AirportlinkM7 account product or pass product offered by us for use on AirportlinkM7, one or more of which may also be offered for use on Interoperable Tollroads.

 

Tolling System means the physical, hardware, software, firmware and other aspects of the tolling system used for detecting, identifying, tolling and charging fees for the use of, or otherwise in connection with AirportlinkM7.

 

Trigger Event are any of the events listed in clause 9.1.

 

Trip Pass means a trip pass for infrequent or inadvertent one-off users who require one trip only on AirportlinkM7 and do not require interoperability with other Tollroads which is prepaid and is subject to this Agreement.

 

Valid Pass has the meaning given in clause 7.3

 

Vehicle means a motor vehicle or trailer or any vehicle linked to your Account or Pass.

 

Video Account means an Account for which we have your LPN and other details and no Tag has been provided. A Video Account is fully interoperable with all other Tollroads in Brisbane but may incur additional charges from those other Tollroads.

 

We means BrisConnections Operations Pty Limited ACN 128 615 547, and our and us have corresponding meanings.

 

Website means www.AirportlinkM7.com.au or such other website as we may advertise from time to time.

 

You means the customer specified in the application for an Account or Pass under this agreement or, where appropriate in the context, the driver of a Vehicle linked to your Account or Pass, and your has a corresponding meaning.

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 Brisbane;
(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.

 

BCS-OPS-SCH-TO-266 1.2