Conditions determined by the Government pursuant to section 10 of the Road Traffic (Toll Tags) Regulation for the issue of a Class Tag pursuant to section 9 of Road Traffic (Toll Tags) Regulation

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)

“Available Balance” means the positive balance, if any, for the time being of your Designated Stored Value Account;

(b)

“Class Tag” means the class tag as defined in the Toll Tags Regulation which has been issued to you for your use in connection with the Specified Class of motor vehicle;

(c)

“class” means a class of motor vehicles specified in Schedule 1 of the Toll Tags Regulation;

(d)

“Conditions” means these conditions of issue for the class tag as determined by the Government from time to time pursuant to section 10 of the Toll Tags Regulation ;

(e)

“Designated Stored Value Account” means the Designated Stored Value Account related to your Class Tag as referred to in clause 5.1;

(f)

“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;

(g)

“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;

(h)

“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, the Website and the Mobile App, and/or to use various functions available in the Website and the Mobile App from time to time;

(i)

“Mobile App” means the mobile application of the Government maintained for HKeToll from time to time;

(j)

“Ordinances” means the Road Tunnels (Government) Ordinance (Cap.368), the Road Traffic Ordinance (Cap. 374) and the Tsing Sha Control Area Ordinance (Cap. 594);

(k)

“PIN” means the unique personal identification number for your Class Tag as printed on your Class Tag Account Card;

(l)

“Class Tag Account Card” means the card supplied to you with your Class Tag on which the PIN in relation to your Class Tag and other information are printed;

(m)

“Regulations” means the regulations made pursuant to the Ordinances;

(n)

“Relevant Toll” means the Toll payable from time to time by your Relevant Vehicle;

(o)

“Relevant Vehicle” means the motor vehicle on which your Class Tag is affixed which must be of the same class as the Specified Class;

(p)

“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;

(q)

“Specified Class” means the pre-set class of vehicle of your Class Tag;

(r)

“Tag Authority” means the Tag Authority as defined in the Toll Tags Regulation;

(s)

“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;

(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 Tag” shall have the meaning as defined in the Road Traffic Ordinance (Cap. 374);

(w)

“Toll Tags Regulation” means the Road Traffic (Toll Tags) Regulation (Cap. 374Z);

(x)

“Top Ups” means the amounts you may pay into your Designated Stored Value Account pursuant to clause 5.4;

(y)

“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)

any reference to the activation of your Class Tag shall mean the procedures referred to in clause 2.2; and

(f)

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. Issue and Activation of Class Tag

2.1

Your Class Tag is issued to you pursuant to section 9 of the Toll Tags Regulation for your use with your Relevant Vehicle which must be of the same class as the Specified Class on these Conditions.

2.2

Before you can use your Class Tag, you must activate it according to the guidelines provided to you with your Class Tag using information shown on your Class Tag and the Class Tag Account Card.

3. Compliance with these Conditions

3.1

Subject to clauses 3.2 to 3.4, these Conditions shall be binding on you in relation to your Class Tag until the cancellation of your Class Tag provided that these Conditions shall continue to be binding on you in relation to your Class Tag in respect of liability incurred prior to the cancellation of your Class Tag, including but not limited to any Relevant Toll payable.

3.2

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.

3.3

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 Website, the Mobile App or any function available through the Website and/or the Mobile App.

3.4

The Government may from time to time determine changes to these Conditions by publishing the changes not later than 30 days before the relevant effective date and such changes shall be binding on you as from the effective date.

3.5

You shall ensure that your agents, the drivers of your Relevant Vehicle, 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.

4. Installation and maintenance of your Class Tag

4.1

You shall ensure that:-

(a)

your Class Tag must only be used with a motor vehicle of the same class as the Specified Class and must not be affixed to or used in relation to any other class of motor vehicle;

(b)

your Class Tag must be free from interference that prevents your Class Tag from being read properly or causes your Class Tag to fail to operate;

(c)

your Class Tag must be affixed to your Relevant 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 Class Tag must be the only Toll Tag affixed to and used in connection with your Relevant Vehicle; and

(e)

your Class Tag must be in good working order.

4.2

Failing to comply with any provision under clause 4.1 may constitute violation of the Toll Tags Regulation.

4.3

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

(a)

your Class Tag is lost, damaged or stolen;

(b)

your Relevant Vehicle is stolen; or

(c)

you are aware that your Class Tag is not in good working order.

4.4

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

4.5

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

5. Payment of Toll

5.1

Your Class Tag has a related Designated Stored Value Account and you hereby authorise the Government to deduct from the Available Balance the Relevant Toll payable by you subject to clause 5.3. No service fee or charge shall be payable by you for the opening, use or the closure of your Designated Stored Value Account.

5.2

The opening balance of your Designated Store Value Account shall be the value as notified to you when your Class Tag is issued to you and during activation of your Class Tag.

5.3

If the Available Balance at any one time is insufficient to allow a Relevant Toll to be deducted in full, the Government shall not deduct such Relevant Toll and shall inform you, and you shall settle the same using other methods of payment, failing which such Relevant Toll shall be paid by the Responsible Person of your Relevant Vehicle in accordance with the relevant provisions of the Regulations.

5.4

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.

5.5

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.

5.6

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 Relevant Toll and cannot be used for any other purpose or be withdrawn or redeemed or transferred from the Designated Stored Value Account prior to its closure. The Available Balance shall not accrue any interest or profits.

5.7

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 8.8.

5.8

In the event the Relevant Toll payable by you is not recorded or incorrectly recorded or calculated or deducted due to technical issues or unauthorised transfer of your Class Tag or otherwise, the Government shall charge such Relevant Toll to you as the Responsible Person of your Relevant Vehicle pursuant to the relevant provisions under the Regulations.

5.9

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

5.10

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 5.7 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.

5.11

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

6. PIN and PIN Card

6.1

You acknowledge and agree that you are identified by the Government as the person who is entitled to use your Class Tag and is entitled to the Available Balance from time to time using the PIN and the information on the Class Tag Account Card and you shall keep the PIN confidential and the Class Tag Account Card safe.

6.2

All transactions conducted using your PIN shall be deemed to have been authorised by you and shall be binding on you.

6.3

The PIN and information on the Class Tag Account Card are required to activate your Class Tag and you will also be required to produce the Class Tag Account Card before any Available Balance on the cancellation of your Class Tag can be refunded to you.

6.4

The PIN or Class Tag Account Card will not be reissued if it is lost or if the PIN is disclosed to other person.

7. Login Details

7.1

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

7.2

You shall not disclose your Login Details to any third party or allow any third party to use your Login Details. You shall be responsible for all instructions and all activities and transactions relating to your Designated Stored Value Account using your Login Details whether such was done with or without your authority, knowledge or consent.

7.3

If you are aware that there has been any unauthorised use of your Login Details, or your Login Details are known to any third party, you shall report the same to the Toll Service Provider or the Tag Authority in the manner published by the Government and you shall reset the Login Details or replace your Class Tag by cancelling the existing one and applying for a new one as advised by the Toll Service Provider.

8. Suspension and Cancellation of your Class Tag

8.1

The Government shall be entitled to suspend the operation of your Class Tag 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.

8.2

During the suspension of your Class Tag, the Relevant Toll shall be paid by the Responsible Person of your Relevant Vehicle in accordance with the relevant provisions of the Regulations.

8.3

Your Class Tag may be cancelled by the Government at any time forthwith by notice:-

(a)

at its sole discretion without assigning any reason for such cancellation; or

(b)

if there has been no transaction in your Designated Stored-Value Account for a continuous period of not less than 12 months.

8.4

Without prejudice to clauses 8.3, you may at any time cancel your Class Tag by following the cancellation procedures as published by the Government.

8.5

Your Class Tag cannot be reactivated once it is cancelled pursuant to clauses 8.3 and 8.4.

8.6

Upon the cancellation of your Class Tag, your Designated Stored Value Account will also be closed. The Available Balance, if any, shall be refunded to you without interest or profits within the period and in the manner as published by the Government subject to your production of the Class Tag Account Card. Due to the anonymous nature of a Class Tag, no refund can be made without the Class Tag Account Card.

8.7

If the Available Balance is unclaimed by you 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.

8.8

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.

8.9

The cancellation of your Class Tag 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 Relevant Vehicle, and this clause shall survive the cancellation of your Class Tag.

8.10

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

9. Disclaimer and Indemnity

9.1

You acknowledge and agree that the Government shall not be liable to you for:-

(a)

the malfunction of your Class Tag;

(b)

the non-detection or incorrect detection of your Class Tag in any Toll Area by HKeToll or the failure to record the use of any Toll Area by your Relevant Vehicle or the failure to deduct any Relevant Toll from the Available Balance or any incorrect calculation or deduction of Relevant Toll;

(c)

the non-availability of HKeToll at any Toll Area either temporarily or permanently or the breakdown or fault of the HKeToll; or

(d)

the suspension or cancellation of your Class Tag.

9.2

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 Class Tag and/or your Designated Stored Value Account.

9.3

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 Class Tag, your Designated Stored Value Account the PIN, the Class Tag Account Card, 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.

9.4

This clause 9 shall survive the cancellation of your Class Tag and shall continue to have effect thereafter.

10. Notice

10.1

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 departments on behalf of the Government and shall be given to you in accordance with this clause 10.

10.2

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.

10.3

Your address, facsimile number, email address and telephone number as referred to in clause 10.2 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.

10.4

You hereby agree that the notice or document sent to the address, facsimile number, email address or telephone number referred to in clause 10.3 shall be deemed to have been received as referred to in clause 10.2 and any subsequent return of such notice or document shall not affect the validity of such notice or document.

10.5

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.

10.6

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 10.2 and 10.4.

11. Transaction Records

11.1

The Government shall safety keep records of a transaction of your Class Tag and the Designated Stored-Value Account for a period of 95 days 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 95 days.

12. Miscellaneous

12.1

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.

12.2

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

12.3

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.

12.4

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.

12.5

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

13. Jurisdiction

13.1

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.