Conditions for Registration and Use of HKeToll Account
1. Definitions and Interpretation
1.1
In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
(a)
“Application Form” means the document entitled Application Form for the use of HKeToll completed and agreed by you as the applicant for the application of your HKeToll Account;
(b)
“Available Balance” means the positive balance, if any, for the time being of your Designated Stored-Value Account where applicable;
(c)
“Conditions” means these conditions as amended by the Government from time to time;
(d)
“Designated Stored-Value Account” means the account as opened and maintained for your use pursuant to clause 8.1 where applicable;
(e)
“Commercial Vehicle Company Account” means a type of account held by the registered vehicle owner or its authorised agent of rental vehicles (e.g. taxis, red minibuses, goods vehicles or any other vehicle classes as specified by the Government) to be used for toll splitting and payment diversion with the holder of a Commercial Vehicle Driver Account linked with such account during the Linked Period;
(f)
“Commercial Vehicle Driver Account” means a type of account held by a rentee-driver (e.g. drivers of taxis, red minibuses, goods vehicles or any other vehicle classes as specified by the Government) to be used for toll splitting and payment diversion with the holder of a Commercial Vehicle Company Account linked with such account during the Linked Period;
(g)
“Two-piece Device” means a device issued to the holder of a Commercial Vehicle Driver Account which allows the holder of a Commercial Vehicle Driver Account to link such account to a Registered Vehicle Tag of a Commercial Vehicle Company Account with which such account has been paired pursuant to clause 4.2(a);
(h)
“Government” means the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and where applicable including the Toll Service Provider, the Tag Authority and any other party who may be performing function relating to the collection and recovery of toll for the use of boothless mode tunnel under law from time to time;
(i)
“HKeToll Account” means collectively the Typical Account, Commercial Vehicle Driver Account and Commercial Vehicle Company Account and references to “your HKeToll Account” means the type of HKeToll Account opened and maintained for your use pursuant to clause 3.1;
(j)
“HKeToll” means a technology-based solution to enable collection of Tolls without requiring a motor vehicle to stop at a toll booth mainly by making use of the RFID technology, with the support of automatic number plate recognition technology;
(k)
“Linked Period” means the period during which a Commercial Vehicle Driver Account is linked to a Commercial Vehicle Company Account as set out in clause 4.2(b);
(l)
“Login Details” means your user name and/or account number and password as provided by the Government (as amended by you where applicable) for you to gain access to your Designated Stored-Value Account (where applicable), your HKeToll Account and/or to use various functions available in the Website and the Mobile App from time to time;
(m)
“Mobile App” means the mobile application of the Government maintained for HKeToll from time to time;
(n)
“Ordinances” means the Road Tunnels (Government) Ordinance (Cap.368), the Road Traffic Ordinance (Cap. 374) and the Tsing Sha Control Area Ordinance (Cap. 594);
(o)
“Registered Vehicle Tags” in relation to your Typical Account or your Commercial Vehicle Company Account means the vehicle tags that have been registered to use with your HKeToll Account from time to time and reference to your Registered Vehicle Tag shall be construed accordingly;
(p)
“Regulations” means the regulations made pursuant to the Ordinances;
(q)
“Responsible Person” in relation to a motor vehicle means (i) unless clause (ii) applies, the person registered as the owner of such motor vehicle pursuant to the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E) of such vehicle; or (ii) if the motor vehicle is used under an international circulation permit, a movement permit or a trade licence, the holder of the international circulation permit, movement permit or trade licence as applicable;
(r)
“Specified Vehicle” means a motor vehicle on which the Registered Vehicle Tag of a Typical Account or a Commercial Vehicle Company Account is affixed and if you are the holder of a Typical Account or Commercial Vehicle Company Account, references to “your Specified Vehicle” mean a motor vehicle to which your Registered Vehicle Tag is affixed;
(s)
“Tag Authority” means the Tag Authority as defined in the Toll Tags Regulation;
(t)
“Toll Areas” means collectively the toll area as defined in Road Tunnels (Government) Ordinance (Cap. 368) and the toll area as defined in the Tsing Sha Control Area Ordinance (Cap. 594);
(u)
“Toll Service Provider” means the toll service provider as defined in the Road Tunnels (Government) Ordinance (Cap. 368) and the Tsing Sha Control Area Ordinance (Cap. 594) from time to time;
(v)
“Toll Tags Regulation” means the Road Traffic (Toll Tags) Regulation (Cap. 374Z);
(w)
“Toll” means the amount payable for the use of the Toll Areas as prescribed by regulations under the Road Tunnels (Government) Ordinance (Cap. 368) and Tsing Sha Control Area Ordinance (Cap. 594) as appropriate from time to time;
(x)
“Top Ups” means the amounts you may pay into your Designated Stored-Value Account pursuant to clause 8.2 (where applicable);
(y)
“Typical Account” means a type of account held by the Responsible Person or person authorised by it in respect of the motor vehicle of the Responsible Person;
(z)
“Vehicle Paring Function” means the function available in the Mobile and Website which allows the holder of a Commercial Vehicle Driver Account to link such account to a Registered Vehicle Tag of a Commercial Vehicle Company Account with which such account has been paired pursuant to clause 4.2(a);
(aa)
“Vehicle Tag” shall have the meaning as defined in the Toll Tags Regulation;
(bb)
“Website” means the website maintained by the Government in relation to HKeToll from time to time.
1.2
In these Conditions, unless the context otherwise requires:-
(a)
references to clauses are to clauses of these Conditions;
(b)
words denoting one gender shall include all other genders;
(c)
words denoting the singular shall include the plural and vice versa;
(d)
the word “person” includes an individual, partnership, corporation or unincorporated body and government department;
(e)
references to a Commercial Vehicle Company Account being linked to a Commercial Vehicle Driver Account or vice versa means the linking of the two HKeToll Accounts by way of the Vehicle Pairing Function or the Two-piece Device pursuant to clause 4.2(b);
(f)
references to a Specified Vehicle related to a Registered Vehicle Tag means the Specified Vehicle on which such Registered Vehicle Tag is affixed and references to a Registered Vehicle Tag related to a Specified Vehicle shall be construed accordingly; and
(g)
references to an ordinance or regulation made under an ordinance shall include references to such ordinance or regulation as amended from time to time.
1.3
References to information published by the Government as referred to in these Conditions shall be those as set out in the Website and/or the Mobile App from time to time and such information shall be applicable to and binding on you upon its publication on the Website and/or the Mobile App without further notice to you.
2. Compliance with these Conditions
2.1
Subject to clauses 2.2 to 2.4, these Conditions shall be binding on you in respect of your HKeToll Account and your Designated Stored-Value Account (where applicable) until the closure of your HKeToll Account provided that these Conditions shall continue to be binding on you in relation to your HKeToll Account in respect of liability incurred prior to the closure of your HKeToll Account, including but not limited to any Toll payable.
2.2
These Conditions shall at all times be subject to the provisions of the Ordinances and the Regulations and in the event of any inconsistency between the provisions of these Conditions and the provisions in the Ordinances or the Regulations, the provisions in the Ordinances or Regulations shall prevail. Nothing in these Conditions shall restrict or limit or be deemed to have restricted or limited the power of the Government or your liability under law in any way.
2.3
These Conditions shall be without prejudice to any other terms or conditions which may be applicable to you in relation to HKeToll, any device or application provided to you for use in relation to HKeToll, your use of the Vehicle Pairing Function, Website, the Mobile App or any function available through the Website and the Mobile App including the terms or conditions for the use of the vehicle tag or the use of the Two-piece Device.
2.4
The Government may from time to time amend these Conditions by publishing the amendments not later than 7 days before the relevant effective date and such shall be binding on you as from the effective date.
2.5
You shall ensure that your agents, the drivers of your Specified Vehicles, and your employees and officers where applicable shall comply with the provisions of these Conditions and their non-compliance of these Conditions shall be deemed to be your non-compliance and you shall be liable accordingly.
3. Your HKeToll Account
3.1
The Government shall open and maintain the type of HKeToll Account you applied for on these Conditions.
3.2
Notwithstanding any other provisions of these Conditions, the Government reserves the right to suspend or close your HKeToll Account at its sole discretion without assigning any reason therefor.
3.3
If you are the holder of a Typical Account or a Commercial Vehicle Company Account, your account will be operational as from the time a vehicle tag has been registered to be used with your HKeToll Account, and if you are the holder of a Commercial Vehicle Driver Account, your account shall be operational when you link it to a Commercial Vehicle Company Account for the first time.
3.4
A monthly statement showing details of the transactions in your HKeToll Account during a calendar month shall be made available to you via the Website and the Mobile App at beginning of the following month. The information and transactions contained in a monthly statement shall be deemed to be correct unless you report any inaccuracy to the Toll Service Provider within 30 days from the date of the transaction in the manner as published by the Government provided that this clause shall be without prejudice to clauses 7.3 and 7.4.
3.5
The Government shall keep records of a credit card transaction in your HKeToll Account for a period of 18 months from the date such transaction is made and shall not be liable to produce the record of such transaction after such 18 months. The Government shall keep records of all other transactions in your HKeToll Account for a period of 95 days starting from the date of such transaction and shall not be liable to produce the record of such transaction after such 95 days.
3.6
Where you are not the Responsible Person of your Specified Vehicle, you hereby consent to the disclosure of the details of your transactions in your HKeToll Account by the Government to the Responsible Person of your Specified Vehicle without further notice to or consent from you.
3.7
Where you are the holder of a Commercial Vehicle Driver Account, you hereby consent to the disclosure by the Government to:
(a)
the owner of the Commercial Vehicle Company Account whose Registered Vehicle Tag is linked to your HKeToll Account; and
(b)
the Responsible Person of the Specified Vehicle related to the Registered Vehicle Tag as referred to in (a)
of the details of your transactions in your HKeToll Account in relation to such Registered Vehicle Tag during the relevant Linked Period.
3.8
You shall immediately inform the Toll Service Provider if your HKeToll Account has been compromised in any way and you shall be responsible for all transactions and all losses in your HKeToll Account prior to such report.
4. Linking a Commercial Vehicle Company Account with a Commercial Vehicle Driver Account
4.1
This clause 4 applies to the holder of a Commercial Vehicle Company Account and the holder of a Commercial Vehicle Driver Account only.
4.2
If you are the holder of a Commercial Vehicle Company Account,
(a)
you may from time to time pair one or more of your Registered Vehicle Tag to be used with one or more Commercial Vehicle Driver Account;
(b)
the holder of the Commercial Vehicle Driver Account which has been paired with any of your Registered Vehicle Tag according to clause 4.2(a) may from time to time link his Commercial Vehicle Driver Account to such Registered Vehicle Tag by using the Vehicle Pairing Function or the Two-piece Device;
(c)
subject to clause 6.4, once any of your Registered Vehicle Tags has been linked with a Commercial Vehicle Driver Account, the holder of such Commercial Vehicle Driver Account shall pay the Toll payable for the usage of a Toll Area by the Specified Vehicle related to such Registered Vehicle Tag until the holder of such Commercial Vehicle Driver Account terminates such link by using the Vehicle Pairing Function or the Two-piece Device;
(d)
you may from time to time cancel the pairing of your Registered Vehicle Tag with a particular Commercial Vehicle Driver Account without the consent of such account holder;
(e)
the linking of your Registered Vehicle Tag to a Commercial Vehicle Driver Account shall cease automatically upon the closure or the suspension of your HKeToll Account or the related Commercial Vehicle Driver Account or when such vehicle tag ceases to be your Registered Vehicle Tag for whatever reason;
(f)
the pairing of your Registered Vehicle Tag with a Commercial Vehicle Driver Account pursuant to clause 4.2(a) and the linking of your Registered Vehicle Tag with the holder of a Commercial Vehicle Driver Account pursuant to clause 4.2(b) and their cancellation shall be done in accordance with the procedures as published by the Government and shall take effect upon the actual receipt of such by the Government.
4.3
In the event the linking of a Registered Vehicle Tag of your Commercial Vehicle Company Account with a Commercial Vehicle Driver Account is not recorded by the Government or is recorded to have ended for whatever reason, including but not limited to technical reason:
(a)
the Linked Period of such link shall end and you shall pay for the Toll for the use of a Toll Area by your Specified Vehicle related to such Registered Vehicle Tag as detected by HKeToll; and
(b)
the Government shall not be liable to either you or the holder of the related Commercial Vehicle Driver Account for the end of the linkage.
4.4
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.
5. The Vehicle Tag
5.1
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.
5.2
You shall ensure that there is at least one Registered Vehicle Tag registered to be used with your HKeToll Account.
5.3
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.
5.4
Without prejudice to clause 5.6, you may from time to time apply to remove a Registered Vehicle Tag from your HKeToll Account.
5.5
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.
5.6
The registration of a Registered Vehicle Tag to your HKeToll Account shall cease:
(a)
when the Responsible Person of your Specified Vehicle related to such Registered Vehicle Tag ceases to be the registered owner of such motor vehicle or ceases to hold the permits and licence as set out in clause 1.1(q)(ii) under which such motor vehicle is used;
(b)
when the Responsible Person of your Specified Vehicle cancels the registration of such vehicle tag with your HKeToll Account;
(c)
in the event a new vehicle tag is issued to the Responsible Person to replace such Registered Vehicle Tag for whatever reason.
5.7
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.
5.8
You shall ensure that:
(a)
your Registered Vehicle Tag must only be used in connection with the related Specified Vehicle and must not be affixed or used in relation to any other motor vehicle;
(b)
your Registered Vehicle Tag must be free from interference that prevents your Registered Vehicle Tag from being read properly or causes your Registered Vehicle Tag to fail to operate;
(c)
your Registered Vehicle Tag must be affixed to the related Specified Vehicle in the way and at the specific location in accordance with Schedule 2 of the Toll Tags Regulation and in accordance with any installation guideline which may be issued to you;
(d)
your Registered Vehicle Tag must be the only toll tag (as defined in the Road Traffic Ordinance (Cap. 374) affixed to and used in connection with your Specified Vehicle; and
(e)
your Registered Vehicle Tag must be in good working order.
5.9
Failing to comply with any provision under clause 5.8 may constitute violation of the Toll Tags Regulation.
5.10
You should inform the Toll Service Provider in the event that:-
(a)
your Registered Vehicle Tag is lost, damaged or stolen;
(b)
your Specified Vehicle is stolen; or
(c)
you are aware that your Registered Vehicle Tag is not in good working order.
5.11
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.
5.12
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.
6. Party responsible to pay Toll
6.1
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.
6.2
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.
6.3
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.
6.4
You acknowledge and agree that HKeToll:-
(a)
may not detect the use of a Toll Area by your Specified Vehicle in which case the Toll shall be paid by the Responsible Person of your Specified Vehicle which incurred such Toll pursuant to the relevant provisions under the Regulations; and
(b)
may not detect the link of a Registered Vehicle Tag to a Commercial Vehicle Driver Account in which case, the Toll shall be paid by the holder of the Commercial Vehicle Company Account to which such Registered Vehicle Tag is registered subject to clause 6.4(a).
6.5
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.
7. Payment of Tolls
7.1
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.
7.2
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.
7.3
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.
7.4
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.
8. Payment by Designated Store-Value Account
8.1
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.
8.2
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.
8.3
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.
8.4
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.
8.5
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.
8.6
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.
8.7
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.
8.8
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.
8.9
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.
8.10
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.
8.11
Your Designated Stored-Value Account may be closed by the Government at any time forthwith by notice:-
(a)
at its sole discretion without assigning any reason for such closure;
(b)
if your HKeToll Account is closed for whatever reason; or
(c)
if there has been no transaction in your Designated Stored-Value Account for a continuous period of not less than 12 months.
8.12
If you are an individual, your Designated Stored-Value Account shall be closed automatically upon your death.
8.13
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.
8.14
Your Designated Stored-Value Account cannot be reactivated once it is closed.
8.15
No service fee or charge shall be payable by you for the opening, use or the closure of your Designated Stored-Value Account.
8.16
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.
8.17
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.
8.18
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.
8.19
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.
8.20
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.
8.21
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.
9. Payment by Cash
9.1
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.
9.2
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.
10. Payment by Electronic Means
10.1
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.
10.2
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.
10.3
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.
10.4
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.
11. Login Details
11.1
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.
11.2
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.
11.3
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.
11.4
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.
12. Suspension and Closure of your HKeToll Account
12.1
The Government shall be entitled at any time to suspend the operation of your HKeToll Account forthwith by notice to you:
(a)
if you shall be in breach of any of these Conditions which is capable of being remedied and such suspension shall continue until the breach is remedied to the satisfaction of the Government and you have been notified by the Government of the end of such suspension;
(b)
if the continuing operation of your HKeToll Account may in the reasonable opinion of the Government prejudice its interest and such suspension shall continue until the Government considers that its interest shall no longer be prejudiced and you have been notified by the Government of the end of such suspension;
(c)
if Government exercises its right under clause 3.2 and such suspension shall continue until it is lifted by the Government and you have been notified by the Government of the end of such suspension.
12.2
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.
12.3
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.
12.4
Your HKeToll Account may be closed by the Government at any time forthwith by notice to you:
(a)
if it exercises its right under clause 3.2;
(b)
if you hold a Typical Account or a Commercial Vehicle Company Account, when no vehicle tag is registered to be used with your HKeToll Account for over 14 consecutive days;
(c)
if you shall be in breach of any of these Conditions which is not capable of being remedied;
(d)
if you shall fail to remedy the breaches referred to in clause 12.1(a) within the deadline set out in the relevant notice;
(e)
if the circumstances which may prejudice the interest of the Government as referred to in clause 12.1(b) shall continue for longer than 7 days; or
(f)
if there has been no transaction in your HKeToll Account for a continuous period of not less than 12 months.
12.5
If you are an individual, your HKeToll Account shall be closed automatically upon your death.
12.6
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.
12.7
Without prejudice to clauses 12.4 and 12.5, you may at any time close your HKeToll Account by following the closure procedures as published by the Government provided that:-
(a)
you shall cancel all the Registered Vehicle Tags of your HKeToll Account prior to the closure of your HKeToll Account;
(b)
if you hold a Commercial Vehicle Company Account, you shall also cancel all pairings of your HKeToll Account with other Commercial Vehicle Driver Accounts; and
(c)
you may not close your HKeToll Account if there is any outstanding transaction in your HKeToll Account or Available Balance in your Designated Stored Value Account, where applicable.
12.8
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.
12.9
Your HKeToll Account once closed cannot be reactivated again.
13. Disclaimer and Indemnity
13.1
You acknowledge and agree that the Government shall not be liable to you for:
(a)
the suspension or the closure of your HKeToll Account and/or your Designated Stored-Value Account (where applicable);
(b)
the non-detection or incorrect detection of any Registered Vehicle Tag in any Toll Area by HKeToll or the failure to record the use of any Toll Area by your Specified Vehicle or the failure to deduct any Toll from the Available Balance (where applicable) or any incorrect calculation or deduction (where applicable) of Toll;
(c)
the non-detection of any linking of your HKeToll Account to a Commercial Vehicle Driver Account or Commercial Vehicle Company Account as appropriate; or
(d)
the non-availability of HKeToll at any Toll Area either temporarily or permanently or the breakdown or fault of HKeToll.
13.2
You further agree and acknowledge that:
(a)
the Government or the operators as defined in the Road Tunnels (Government) Ordinance (Cap. 368) and Tsing Sha Control Area Ordinance (Cap. 594) and their operating staff shall not be liable to you for any accident or incident which happened on or within the Toll Areas; and
(b)
the Government shall not be liable to you for any loss or damages which you may suffer as a result of the use of your HKeToll Account and/or your Designated Stored-Value Account (where applicable).
13.3
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.
13.4
Clause 13 shall survive the closure of your HKeToll Account and shall continue to have effect thereafter.
14. Notice
14.1
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.
14.2
Unless otherwise specified in these Conditions, any notice or document from the Government to you under these Conditions may be sent in any of the ways set out below at the option of the Government:-
(a)
by prepaid post to your address which shall be deemed to have been received by you two days after the date of posting;
(b)
by facsimile transmission to your facsimile number which shall be deemed to have been received by you upon dispatch;
(c)
by email to your email address which shall be deemed to have been received by you upon dispatch and you accept the security risk associated with communication by email;
(d)
by SMS or other text or electronic message to your telephone number which shall be deemed to have been received by you upon dispatch and you accept the security risk associated with communication by text or electronic message; or
(e)
by message deliver through the website and/or the Mobile App which shall be deemed to have been received by you upon dispatch.
14.3
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.
14.4
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.
14.5
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.
14.6
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.
15. Miscellaneous
15.1
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.
15.2
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.
15.3
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.
15.4
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.
15.5
In the event of any inconsistency between the Chinese version and the English version of these Conditions, the English version shall prevail.
15.6
If you are an individual, these Conditions shall be binding on your personal representative.
16. Jurisdiction
16.1
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.