The linking of the Commercial Vehicle Company Account with the Commercial Vehicle Driver Account shall be a matter between the holders of the two accounts and the Government shall not be obliged to provide any assistance to any of them in the event of a dispute between them or the adjustment of payment between them.

This clause 5 shall apply to you if you are the holder of a Typical Account or a Commercial Vehicle Company Account but shall not apply to the holder of a Commercial Vehicle Driver Account. If this clause applies to you, please also read the Conditions for the Issue of a vehicle tag which will apply to you for your use of the vehicle tag in addition to the terms as set out in this clause 5.

You shall ensure that there is at least one Registered Vehicle Tag registered to be used with your HKeToll Account.

You may from time to time register a vehicle tag issued to a Responsible Person to be used with your HKeToll Account subject to the consent from such Responsible Person.

Without prejudice to clause 5.6, you may from time to time apply to remove a Registered Vehicle Tag from your HKeToll Account.

The registration and cancellation referred to in clauses 5.3 and 5.4 respectively shall be done in accordance with the procedures published by the Government.

The registration of a Registered Vehicle Tag to your HKeToll Account shall cease:

Upon the cessation of the registration as referred to in clause 5.6, the Government shall remove such vehicle tag as a Registered Vehicle Tag of your HKeToll Account without notice to you.

You shall ensure that:

Failing to comply with any provision under clause 5.8 may constitute violation of the Toll Tags Regulation.

You should inform the Toll Service Provider in the event that:-

You shall comply in full with any request for examination or examination order which the Government may issue to you in relation to your Registered Vehicle Tag and/or your Specified Vehicle.

The Government may from time to time replace your Registered Vehicle Tag by notice to you and you shall agree to such replacement and shall follow the replacement procedures as published by the Government.

If you hold a Typical Account, you hereby agree to pay for the Toll for the use of a Toll Area by your Specified Vehicle as detected by HKeToll and recorded in your HKeToll Account in the manner as set out in these Conditions.

If you hold a Commercial Vehicle Company Account, you hereby agree to pay for the Toll for the use of a Toll Area by your Specified Vehicle as detected by HKeToll and recorded in your HKeToll Account at all times except the Toll for the use of a Toll Area by your Specified Vehicle whose Registered Vehicle Tag has been linked to another Commercial Vehicle Driver Account during the Linked Period and not recorded in your HKeToll Account in which case such Toll shall be paid by the holder of such Commercial Vehicle Driver Account subject to clause 6.4.

If you hold a Commercial Vehicle Driver Account, you hereby agree to pay for the Toll for the use of a Toll Area by the Specified Vehicles linked to your HKeToll Account during the Link Period subject to clause 6.4.

Nothing in these Conditions shall prejudice your statutory right to claim a refund of Toll paid within 60 days from the time your Specified Vehicle or a vehicle whose Toll is payable by you pursuant to these Conditions is detected for using a Toll Area or your right to dispute the use of a Toll Area by your Specified Vehicle when Toll is payable by you pursuant to these Conditions.

You agree that any Toll payable by you shall be paid either by your Designated Stored-Value Account pursuant to clause 8, by cash pursuant to clause 9, or other electronic means pursuant to clause 10.

If you hold a Designated Stored-Value Account and have applied for other means of automatic electronic payment, the Toll shall first be paid out of your Designated Stored-Value Account unless there is insufficient Available Balance in which case payment shall be paid using the other automatic electronic payment method. If payment through your Designated Stored-Value Account and the other automatic electronic payment method shall both fail, you shall pay through other means.

Nothing in these Conditions shall prejudice your obligation to pay any Toll under law. You further acknowledge and agree that the payment of Toll under these Conditions shall be without prejudice and in addition to any other amount which you and/or the Responsible Person of your Specified Vehicle which incurred Toll may be liable to pay to the Government or any third party in respect of the use by your Specified Vehicle of any Toll Area in addition to the Toll.

In the event the Toll payable by you pursuant to clause 6 is not recorded or incorrectly recorded or calculated or deducted due to technical issues or unauthorised transfer of vehicle tag or otherwise, the Government shall nevertheless be entitled to charge the relevant Toll or the shortfall to your HKeToll Account.

If you have applied for a Designated Stored-Value Account, the Government shall open a Designated Stored-Value Account in your name and this clause 8 shall apply to you.

You may pay Top Ups into your Designated Stored-Value Account in the manner as prescribed by the Government subject to the maximum balance and other conditions as published by the Government. Any Top Up by electronic means shall be from an account in your name.

All Top Ups shall be in Hong Kong Dollars and a Top Up shall only be credited to your Designated Stored-Value Account upon its actual receipt by the Government in its bank accounts.

You hereby authorise the Government to deduct from the Available Balance the Toll payable by you pursuant to clause 6 in relation to your Specified Vehicle provided that if the Available Balance at any one time is insufficient to allow a Toll to be deducted in full, the Government shall not deduct such Toll and shall inform you, and you shall settle the same using other method of payment failing which such Toll shall be paid by the Responsible Person of such Specified Vehicle in accordance with the relevant provisions of the Regulations.

If any amount is incorrectly deducted from your Designated Stored-Value Account for whatever reason, you shall report such to the Toll Service Provider within the period referred to in clause 8.8 with the relevant evidence to support your report by following the procedures published by the Government. You agree that a refund to your Designated Stored-Value Account without interest shall be your sole remedy against the Government, the Tag Authority and the Toll Service Provider for any incorrect deduction from your Designated Stored-Value Account.

The Available Balance shall belong to you during the continuation of your Designated Stored-Value Account provided that it can only be used for the payment of Toll and cannot be used for any other purpose or be withdrawn or redeemed or transferred from your Designated Stored-Value Account prior to its closure. The Available Balance shall not accrue any interest or profits.

The Government shall keep records of a transaction in your Designated Stored-Value Account for a period of 3 months from the date of such transaction and shall make such records available to you through the Website and the Mobile App. The Government shall not be liable to produce the record of such transaction after such 3 months period.

A monthly statement showing details of the transactions in your Designated Stored-Value Account during a calendar month shall be made available to you via the Website and the Mobile App at the beginning of the following month. The information contained in a monthly statement shall be deemed to be correct unless any inaccuracy is reported to the Toll Service Provider within 30 days from the date the statement is available in the manner as published by the Government provided this shall be without prejudice to clause 8.19.

The Government shall be entitled to suspend the operation of your Designated Stored-Value Account at any time forthwith by notice to you at its sole discretion without assigning any reason therefor and such suspension shall continue until you have been notified by the Government of the end of such suspension.

During the suspension of your Designated Stored-Value Account, Toll payable by you shall not be deducted from the Available Balance and unless the Toll payable shall be settled by you using other method of payment, the Toll shall be paid by the Responsible Person of your Specified Vehicle which incurred such Toll in accordance with the relevant provisions of the Regulations.

If you are an individual, your Designated Stored-Value Account shall be closed automatically upon your death.

Without prejudice to clauses 8.11 and 8.12, you may at any time close your Designated Stored-Value Account by following the closure procedures as published by the Government.

Your Designated Stored-Value Account cannot be reactivated once it is closed.

No service fee or charge shall be payable by you for the opening, use or the closure of your Designated Stored-Value Account.

Upon the closure of your Designated Stored-Value Account, the Available Balance, if any, shall be refunded to you (or your personal representative subject to clause 8.17) without interest or profits within the period and in the manner as published by the Government.

If the Available Balance is unclaimed by you or your personal representative for 5 years, it may be treated as moneys received for the purposes of the Government pursuant to the Public Finance Ordinance (Cap. 2) and, if so treated, shall form part of the general revenue subject to the claim for refund under such ordinance.

If you are an individual and your Designated Stored-Value Account is closed as a result of your death, the refund of Available Balance upon such closure pursuant to clause 8.16 shall be to your personal representative upon the presentation of evidence of your death and the capacity of the personal representative.

The calculation of the refund to you shall be based on the records held by the Government which shall be deemed to be conclusive save for manifest errors. Upon receipt of the refund, you shall be deemed to have accepted the refund amount as correctly calculated and shall discharge the Government from any further liability in relation to the refund, including any shortfall or error in the calculation of such refund.

The closure of your Designated Stored-Value Account shall be without prejudice to any amount which you may be liable to pay to the Government as a result of or in connection with any use of any Toll Area by your Specified Vehicle and this clause shall survive the closure of your Designated Stored-Value Account and/or the termination of your HKeToll Account.

Upon the closure of your Designated Stored-Value Account, if you still hold a HKeToll Account, these Conditions shall continue to apply and you shall make payment of the Toll in the manner as set out in clauses 9 or 10.

Subject to payment by your Designated Stored-Value Account (where applicable) or by automatic electronic means referred to in clause 10, you may settle the Toll payable by you in cash.

Cash payment may be made at such locations and during such hours as the Government may publish and the Government reserves the right to change the locations or the working hours at any time without prior notice by publishing such changes.

Subject to payment by your Designated Stored-Value Account (where applicable), you may subject to clause 10.2 settle the Toll payable by you by any of the electronic means which is acceptable to the Government as published by the Government and the Government reserves the right to change the acceptable electronic payment means without prior notice by publishing such change.

The Government reserves the right to refuse your payment of Toll by any specific electronic means published by the Government as referred to in clause 10.1 either temporarily or permanently by notice to you without assigning any reason therefor and without liability to you.

Payment by electronic means may be subject to the terms and conditions of the entity providing such electronic means, for example, banks or any other financial institutions.

Toll paid by electronic means shall only be considered as paid when the relevant amount has been received by the Government in its bank accounts.

The Government shall provide you with your Login Details from time to time for use with your HKeToll Account and/or your Designated Stored-Value Account where applicable and/or to gain access to and/or use any function available in the Website and the Mobile App. You may change the Login Details from time to time by following the instructions as published by the Government.

You may at your own risk disclose your Login Details to your service providers or your agents or employees for the purpose of managing your HKeToll Account or making payment of Toll.

Subject to clause 11.2, you shall not disclose your Login Details to any third party or allow any third party to use your Login Details. Notwithstanding clause 11.2, you shall be responsible for all instructions and all activities and transactions relating to HKeToll using your Login Details whether such was done with or without your authority, knowledge or consent.

If you are aware that there has been any unauthorised use of your Login Details, or your Login Details are known to any unauthorised third party, you shall report the same to the Toll Service Provider in the manner published by the Government and you shall reset the Login Details or open another HKeToll Account as advised by the Toll Service Provider.

Upon the suspension of your HKeToll Account pursuant to clause 12.1, the Government shall notify you of the suspension and where the suspension is pursuant to clause 12.1(a), the Government shall set out the relevant breach and a deadline to remedy the same and you shall after receiving such notice forthwith remedy such breach.

During the suspension of your HKeToll Account, Toll incurred by your Specified Vehicle shall be for the account of the Responsible Person of your Specified Vehicle which incurred the Toll pursuant to the relevant provisions under the Regulations.

If you are an individual, your HKeToll Account shall be closed automatically upon your death.

Following the closure of your HKeToll Account pursuant to clauses 12.4 or 12.5, you shall follow the procedures applicable to the closure of your HKeToll Account as published by the Government.

Clauses of these Conditions which are expressed to apply after the closure of your HKeToll Account or which relate to the period after the closure of your HKeToll Account or which due to their nature shall apply or continue to apply after the closure of your HKeToll Account shall survive the closure of your HKeToll Account and will continue to have effect thereafter.

Your HKeToll Account once closed cannot be reactivated again.

You shall indemnify and keep indemnified the Government (including the Toll Service Provider and the Tag Authority) against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the use or attempt use of your HKeToll Account, your Registered Vehicle Tag, your Designated Stored-Value Account (where applicable), the Two-piece Device, the Vehicle Pairing Function, the Login Details, the Mobile App or the Website in any way to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of the Conditions by you.

Clause 13 shall survive the closure of your HKeToll Account and shall continue to have effect thereafter.

All notices to be given by the Government to you pursuant to, under or in connection with these Conditions may be given by the Tag Authority, the Toll Service Provider or other Government department on behalf of the Government and shall be given to you in accordance with this clause 14.

Your address, facsimile number, email address and telephone number as referred to in clause 14.2 shall be the address, facsimile number, email address and telephone number as provided by you to the Government for the purpose of receiving notices and documents under these Conditions as updated. You shall notify the Government in the manner published by the Government in the event there is any change to your name, address, facsimile number, email address or telephone number previously provided to the Government within 7 days from such change and such notice shall take effect 7 days after it is actually received by the Government.

You hereby agree that the notice or document sent to the address, facsimile number, email address or telephone number referred to in clause 14.3 shall be deemed to have been received pursuant to clause 14.2 and any subsequent return of such notice or document shall not affect the validity of such notice or document.

Subject to the provisions of the Ordinance and the Regulations, any notice or document from you to the Government pursuant to, under or in connection with these Conditions may be sent in such manner as published by the Government and all notices or documents to the Government shall be considered as received upon its actual receipt by the Government.

The Government shall not be responsible for any interruption, transmission blackout, delay, or incorrect data transmission or other malfunction in communication facilities beyond the control of the Government which may affect the accuracy and timeliness of messages sent by or to you through facsimile, email, SMS, text and other electronic message and such shall not affect the operation of clauses 14.2 and 14.4.

If any of these Conditions is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired and such remaining Conditions shall remain in full force and effect.

Neither your HKeToll Account, your Designated Stored-Value Account (where applicable), the Available Balance (where applicable) nor the rights and liabilities of you under these Conditions can be assigned by you to any other person.

The Government may assign its rights and liabilities under these Conditions to any third party by notice to you and you shall sign all reasonable documents to effect such assignment.

Any waiver by the Government of any breach of these Conditions (which shall have to be given by an authorised person in writing) shall be effective only in the instance and for the purpose for which it is given and no failure or delay by the Government in exercising or enforcing any right under these Conditions shall operate as a waiver thereof.

In the event of any inconsistency between the Chinese version and the English version of these Conditions, the English version shall prevail.

If you are an individual, these Conditions shall be binding on your personal representative.

These Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties submit to the exclusive jurisdiction of the courts of Hong Kong.