1. DEFINITIONS AND INTERPRETATION
Caltex means Caltex Australia Petroleum Pty Ltd ABN 17 000 032 128 (“Caltex”).
“Electronic Tolling Lane” means a tolling lane which provides for electronic payment instead of, or as well as, cash payments.
“Owner” means Interlink Roads Pty Limited ABN 53 003 845 430 and its businesses known as “E-way” or “SETA”.
“Tag” means the tag device provided to you to enable the satisfaction of tolls by way of electronic debits to the Caltex Card.
“Terms” means these terms and conditions.
“Toll Product” means your Caltex Card Facility extended to allow for accounting for tolls, fees and charges (including taxes) incurred by you or on your behalf to registered Caltex Cards.
“you” means the person or company in whose name the Toll Tag and StarCard is assigned to (and “your” has a corresponding meaning).
Words and expressions defined in the StarCard Standard Terms and Conditions have the same meaning when used in this agreement.
2. ADDING THE TOLL PRODUCT TO YOUR CALTEX CARD
2.1 To add the Toll Product to your Caltex Card you must (a) acknowledge acceptance of the Toll Product terms and conditions (b) provide details of the licence plate number(s) and state(s) of registration of the vehicle(s) for which the Toll Product is to be added.
2.2 In relation to 2.1(a) you must ensure that the licence plate(s) nominated:
(a) Complies with all applicable laws (including the positioning of the licence plate on the vehicle);
(b) Is not obscured or damaged; and
(c) Is visible at all times when using an Electronic Tolling Lane.
2.3 You must immediately notify Caltex of any changes to the details supplied in pursuant to clause 2.1 or that are subsequently supplied to Caltex by any other method.
3. PROVISION OF TAG(S)
3.1 If your application is accepted by Caltex, Caltex will provide you with one Tag for each Caltex Card you have added the Toll Product to.
3.2 Each Tag is registered specifically to the Caltex Fuel Card and corresponding Vehicle Registration.
3.3 Tags remain the property of the Owner and you must not sell or otherwise dispose of any Tag or the right to use any Tag.
3.4 Any Tag provided by or on behalf of Caltex (at any time) must be fitted in accordance with instructions provided with the Tag. If a Tag is not properly fitted, this may result in the Tag not being properly read at the Electronic Tolling Lane. Caltex may recover from you a fee or charge for the resulting toll violation if the Tag is not read for any reason, including where it was not properly fitted.
3.5 If you have more than one Tag in your vehicle at any time it is your responsibility to ensure that any additional Tag is appropriately shielded to avoid being read at the toll. This may require you, for example, to place such additional Tag in a metal container or cover it with aluminium foil. If the correctly fitted Tag and any other Tag in your vehicle is read, notwithstanding any attempt by you to shield such Tag, you will be charged the relevant toll on the Toll Account and Caltex will not be liable to reimburse you.
4. OPERATION OF TAGS
4.1 Tags are to be used only to satisfy tolls charges or fees on toll roads in Australia.
4.2 Each time a vehicle bearing a licence plate nominated for your Toll Product passes through an Electronic Tolling Lane or other toll collection point on a participating toll road it may be read using photographic, video or optical character recognition technology (“LPN Technology”). If the LPN Technology recognises the licence plate nominated for your Caltex Card, and a valid Tag is not registered as present in the vehicle, an image of your vehicle and its licence plate number may be collected and recorded. If this occurs, the participating toll road will register a transaction to your Toll Product and the applicable toll, fees and charges will be debited from your Caltex Card. The image may also be used for infringement processing.
4.3 You must notify us if you dispose of any vehicle bearing a licence plate nominated for your Caltex Card. You remain responsible for any toll charge or fee charged to your Caltex Card in relation to the Toll Product until the date Caltex receives the notice that you have disposed of the vehicle. This includes trips between the date you dispose of the vehicle and the date of receipt by Caltex of the notification of disposal of the vehicle.
4.4 Each time a Tag is used for the electronic satisfaction of a toll or any other charge or fee on a participating toll road, whether by you or anybody else (authorised or not) the associated Caltex Cards will be debited with the applicable toll charge or other charge or fee. All tolls, charges and fees include GST (unless otherwise indicated).
4.5 Caltex will include associated toll charges as part of Caltex monthly Statement/Tax Invoice under the Caltex Card Facility, setting out all tolls and other charges or fees incurred.
4.6 It is your responsibility to check that all items on your Statement/Tax Invoice are correct. If you find any entries that you believe are incorrect you need to notify Caltex in writing, using the dispute resolution form available on the Caltex website, stating the reason for your claim. The claim must be made within six months of the Statement/Tax Invoice on which the item relating to the claim appears.
4.7 The Owner retains trip data in an electronic form for a period of 6 months. Caltex will use reasonable endeavours to obtain trip data on request. Replacement Statement/Tax Invoices for trips which were taken 6 months prior to the date of request may not show the record of the individual trips taken with your Tag(s).
5. FEES, CHARGES AND PAYMENT
5.1 All associated toll charges and administration fees are included in the Statement/Tax Invoice which Caltex issues as part of the Caltex Card Facility. You agree that the Toll Product is governed by the terms and conditions of the StarCard Standard Terms and Conditions specifically, those clauses relating to credit limit, payment, and default. You indemnify us for any liability we incur as a result of you breaching this provision and you must pay any costs and expenses we incur (on a full indemnity basis) in recovering any overdue amounts from you.
5.2 The fees and charges associated with the Toll Product current at any time (other than the tolls charged by the participating toll roads), and any change thereof, are made available by Caltex from time to time.
5.3 If you do not pay your Statement/Tax Invoice in accordance with clause 5.1 of these Terms:
(a) Caltex will deactivate your Caltex Card and notify the Owner to deactivate the associated Tag and it will be marked as de-activated;
(b) The Owner will cause a signal to be sent to your Tag(s) to give 4 beeps each time your Tag(s) pass through a tolling lane;
(c) The Owner will notify the participating toll roads that your Tag(s) has/have been de-activated;
(d) Participating toll road will issue you with a deferred toll (violation letter) which will include an additional charge.
(e) You must not use your Tag(s) to pay a toll on a participating toll road while your Tag is de-activated; and
(f) Any violations, costs, fees or charges that are incurred by you while your Tag is de-activated will be charged directly to the registered owner of the applicable vehicle.
6. STOLEN OR DEFECTIVE TAGS/CARDS
6.1 If a Tag is lost, stolen, malfunctions, is in any way defective, or no longer required by you, or you wish to withdraw the authority of a Cardholder to use a Tag, you must immediately notify Caltex either through:
(a) StarCard Support; or
(b) My Star Cards. If you use My StarCards, your notice or request may not be processed for up to 2 hours from the time the notice or request is made. You are liable for toll charges, other charges and fees satisfied with a lost or stolen Tag until the time that Caltex is able to notify the owner to de-activate the Tag and the owner has notified the participating toll roads that the Tag has been de-activated.
6.2 A Tag that is defective otherwise than by your fault will be replaced by the Owner at no cost to you. A Tag that is defective by your fault, or lost, stolen or not returned by you will incur a fee to you of $40 (including GST).
6.3 To the extent permitted by law, neither the Owner or Caltex is liable for any claims made by you if a Tag fails to work or is invalidated, whether or not caused by the Owner, Caltex or caused by circumstances beyond the control of the Owner or Caltex. Caltex holds the benefit of this clause on trust for the Owner.
6.4. If a Tag is not read in a tolling lane which also provides for cash payment, you must pay the applicable toll with cash. If you do not pay the applicable toll with cash, the relevant participating toll roads will either:
(a) Notify Caltex to debit your Caltex Card with the applicable toll, fees or charges; or
(b) Issue you with a deferred toll (violation letter) which will include an additional charge; or
(c) The additional charge will not be payable if you establish to Caltex’s satisfaction that the Tag was defective otherwise than by your fault but will be payable if the Tag was incorrectly fitted.
7. DEACTIVATING THE TOLL PRODUCT
7.1 Caltex may, at its discretion and without giving notice or a reason, de-activate, take possession of or require you to return any Tags and/or Cards.
7.2 You may close the Toll Account at any time by notifying Caltex in writing, or via My Star Cards and returning all Tags. Failure to return a tag will incur a fee pursuant to clause 6.2. Tags are to be returned to: Private Bag 78 Moorebank N.S.W. 1875.
7.3 On termination of these Terms, after deducting any accrued tolls, charges and fees if the balance of your Caltex Card facility is in debit, you indemnify Caltex for any liability that it incurs as a result and you must pay any costs and expenses Caltex incurs (on a full indemnity basis) in recovering any outstanding amounts from you.
8.1 Caltex may amend, vary, or replace these Terms, or any portion of them, without notice at its discretion. Any applicable toll charges, fees and other charges may be amended from time to time irrespective of whether they appear on the Owner’s website.
8.2 Caltex may assign or novate or subcontract its rights, interests and obligations under these Terms to any third party, without notice, at any time, in its absolute discretion.
8.3 If you are required to give notice to Caltex under these Terms, it should be sent to the address or fax number set out in the StarCard Terms and Conditions (or such other address or fax number that Caltex may advise you of from time to time). Caltex will send any notice to you as required under these Terms to the address notified by you in the application form, or such other address you notify to Caltex from time to time.
8.4 These Terms are governed by and to be construed in accordance with the laws of the state of New South Wales. Any action or other legal process in connection with the Terms shall be instituted and carried on only in the appropriate court of the state of New South Wales and you irrevocably consent to the jurisdiction of the courts of that State.