Website terms of use

Last updated and effective as of 11 June 2021.

Note: You are entering into a legally binding agreement.

A. Recitals

These Website terms of use (“Terms of use”) govern any and all access and use of the website found at https://www.gotoll.com or any pages thereof (the “Website”). The terms of use for the GoToll mobile application (the “Mobile App”) referenced to in the Website can be found here (the “App terms of use”). This Website and the Mobile App are operated by Transurban Mobile LLC (“Transurban Mobile”).

B. Terms Generally

1. Transurban Mobile provides the Website as part of its overall service to you. Access to or use of any of the content, information, data, text, graphics, photographs and other materials (“Material”) on the Website constitutes acceptance of these Terms of use. If you do not agree, you should not use the Website.

2. In addition to these Terms of use, your use of certain services or Material provided by the Website is subject to the Privacy policy which can be found here (the “Privacy policy” and together with the App terms of use, collectively, the “Additional Terms and Conditions”). You are also bound by the Additional Terms and Conditions, and should review them where they are provided on the Website. The provisions of the Additional Terms and Conditions shall govern in the event any of those provisions conflict or are inconsistent with the provisions of these Terms of use.

3. Transurban Mobile may at any time vary these Terms of use or the Additional Terms and Conditions by publishing the amended Terms of use, Privacy policy or App terms of use on the Website. You accept that such publishing of amended Terms of use, Privacy Policy or App Terms of Use constitutes sufficient notice to you of any such amendment. By continuing to access or use any services or Material on this website after any amendment, you confirm your agreement to these Terms of use, Privacy policy or App terms of use as amended.

C. Links to Other Websites

1.The Website may contain links to other websites operated by third parties (“Third Party Websites”). Those Third Party Websites are not under the control of Transurban Mobile, and Transurban Mobile does not endorse and is not responsible for any material on, linked to or linked from, third party websites (“Third Party Material”).

2.In particular, and to the extent permitted by law, Transurban Mobile makes no warranties or representations:

(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or

(b) that Third Party Material does not infringe the intellectual property rights of any person.

Transurban Mobile does not authorize the reproduction of Third Party Material by linking Material on the Website to Third Party Material.

D. Software Downloads; Licenses; Use

1.Any software that is available to download through links from the Website is Third Party Material unless otherwise indicated. To the extent permitted by law, Transurban Mobile accepts no liability in respect of such Third Party Material and Transurban Mobile provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning any such software or Third Party Material related issues, please contact us.

2.Your use of any Third Party Material or software may be subject to a license agreement between you and the software owner. Transurban Mobile makes no representation or warranty, provides no endorsement, and assumes no liability regarding any Third Party Material’s license agreement.

3. Transurban Mobile hereby grants you a free of charge, non-exclusive, time-limited, non-transferrable, non-sub-licensable, revocable license to use the software, services and Material contained within the Website for non-commercial purposes, subject to these Terms of use.

4.You may use the services and Material contained within the Website for private personal purposes. You may not use the services or Material commercially. For example, you may not: (i) offer to third parties a service of your own that uses the services or Material contained within the Website, or the Website itself; (ii) resell the services or Material contained within the Website; (iii) offer to rent or lease the services or Material contained within the Website; or (iv) offer the services or Material contained within the Website to the public via communication or integrate it within a service, website, or mobile app of your own, without the prior written consent of Transurban Mobile. For the avoidance of doubt, the examples listed are made for illustrative purposes, and do not constitute an exhaustive list of restricted activities involving the services and Material contained within the Website.

5.You may not copy, print or otherwise use data or Material from the Website. This clause does not limit the use of the Website as Transurban Mobile intends for its customers to use in an ordinary good faith private and personal manner.

6.When using the Website, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the express prior written permission of Transurban Mobile.

7.The software, services and Material contained within the Website may not be used in any way that is not expressly permitted by these Terms of use.

E. Trademarks; Copyright; Linking to This Website

1.“GoToll” is a pending trademark of Transurban Mobile. Copyright in the Material on this website is owned or licensed by Transurban Mobile.

2.Except where necessary for viewing the material on the Website on your browser or mobile device, or as permitted under copyright and trademark law, or other applicable laws or these Terms of Use, no part of the Material on the Website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of Transurban Mobile. Please contact us if you would like to place a link to any part of the Website.

F. Warranties

1.Transurban Mobile is not responsible for any error or omission on the Website and reserves the right to make changes without notice to you. Transurban Mobile does not guarantee that the Website or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites will be uninterrupted. FOR THE AVOIDANCE OF DOUBT,TO THE EXTENT ALLOWED UNDER LAW, TRANSURBAN MOBILE (AND THOSE THAT TRANSURBAN MOBILE WORKS WITH TO PROVIDE SERVICES AND OPERATE THE WEBSITE)(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES OR MATERIAL ON THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES AND MATERIAL ON THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

G. Safe and Cautious Driving

1.NEVER USE THE WEBSITE WHILE DRIVING. Always drive vigilantly according to road conditions and in accordance with traffic laws. Stop at a rest area or hand the mobile device used to access the Website to a passenger. Transurban Mobile and its affiliates assume no liability for damage and/or injury caused by the use or misuse of mobile devices, mobile application, the Website while driving a motor vehicle. You assume all liability that may arise from the use or misuse of the Website while driving. You waive all rights, claims and/or actions against Transurban Mobile and its affiliates that may arise as a result of your use or misuse of a mobile device and/or the Website while driving.

H. Liability; Compliance with Laws

1.To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of use, neither Transurban Mobile nor any member of the Transurban Group shall be liable (whether in contract, tort, under statute or otherwise) for any loss (including consequential, incidental, special or indirect damages, including loss of profit, revenue or anticipated savings, loss of use, or business opportunities, diminution in value or lost data), damage, or expense that you or any other person incurs arising directly or indirectly out of or referable to Material on the Website or to Third Party Material.

2.For the purposes of these Terms of use, Transurban Group means:

(a)Transurban International Limited (ARBN 121 746 825), Transurban Holdings Limited (ABN 86 098 143 429) and Transurban Holding Trust (ARSN 098 807 419) by its responsible entity Transurban Infrastructure Management Limited (ACN 098 147 678), but only while the securities of those entities remain Stapled Securities (together the “Stapled Entities”);

(b)each company in which the Stapled Entities, whether individually or collectively, own (directly or indirectly) 50% or more of the voting shares; and/or

(c)each company which is for the purposes of section 50AA of the Australia Corporations Act 2001 under the “control” of the Stapled Entities, whether individually or collectively.

The entities that make up the Transurban Group will change from time to time such that entities which were not previously part of the Transurban Group as at the date of these Terms of use may at a later date become part of the Transurban Group.

3.Liability of Transurban Mobile and/or the Transurban Group for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.

4.You agree to comply with all laws in relation to your access or use of Material on the Website, including laws of the country in which you reside or from which you access the Website.

I. Cancellation

1.The agreement set out in these Terms of Use and your access to the Website may be cancelled at any time by Transurban Mobile without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Transurban Mobile will continue after cancellation.

J. Miscellaneous

1.Any provision of these Terms of use interpreted to the extent necessary to prevent that provision or these Terms of use being invalid, voidable or unenforceable in the circumstances. Despite that interpretation, if a provision of these Terms of Use is still invalid, voidable or unenforceable, and if the provision would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable. Notwithstanding the foregoing, in the event any provision of these Terms of Use is determined to be invalid or unenforceable by a court of law having jurisdiction over these Terms of Use, the remainder of these Terms of Use shall remain in full force in effect.

2.A right of Transurban Mobile under these Terms of Use may only be waived in writing signed by Transurban Mobile.

3.You represent and warrant to Transurban Mobile that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with Transurban Mobile.

4.You agree that the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use. You agree that any and all disputes shall only be litigated in the federal or state courts of Fairfax County, Virginia, USA, and you agree to personal jurisdiction in those courts.

5.Any rights not expressly granted in these Terms of use are reserved by Transurban Mobile.