TERMS AND CONDITIONS 0F ISSUE AND USE

Last updated: 10th August 2012

1. Explanatory Note

The T-tag© is a product based on electronic vehicle tag (“T-tag”) linked to a user account and issued to users of Highway 2000 for payment of the toll. It is issued upon the terms and conditions set out in this document. The T-tag allows User to pay the toll payable in respect of a given Class of vehicles, as defined in the Highway 2000 (Part of Phase One) Toll Road Order 2003 in the automatic lanes equipped with an electronic toll collection device, which lanes shall be indicated by the symbol T

2. Issuer

The T-tag© is issued by Jamaican Infrastructure Operator Limited (“JIO”) on behalf of Transjamaican Highway Limited. Additionally, third parties contracted for this purpose by JIO (“authorized dealers”) may also either sell the T-tag© or re-load the user‘s account.

3. User

“User” is defined as any person to whom the T-tag© has been issued. The “user account” is the account maintained between JIO and User in respect of the toll charges payable for usage of Highway 2000 by vehicles using User‘s T-tag © product.

4. Application for T-tag© product

Applicants for the T-tag© product will complete, date and sign the application form issued by JIO and pay the prescribed fee for the opening of the account. Applicants must present a satisfactory form of identification before the account will be opened. Signing the application form shall constitute the applicant’s acceptance of these terms and conditions. Any number of T-tag© cards shall be issued to the User in respect of each user account opened, and each card deposit paid.

5. Validity of T-tag© product

The T-tag© product shall be valid from the time at which it is issued to User until:

(a) The user account is terminated by either User or JI0, in accordance with the terms of this document, or;

(b) Upon its return to JI0 by User in accordance with a request from JI0 for the return of the T-tag© product in accordance with the terms of this document, or;

(c) the T-tag© product is deactivated by JIO at User’s request in accordance with the procedure set out in condition 6, as a consequence of loss or theft of the t-tag.

6. Loss or theft of T-tag© product

User shall report any loss or theft of the t-tag© product immediately upon becoming aware of such loss or theft. Such loss or theft shall be reported by telephone to JIO. In notifying of such Loss or theft, User’s T-tag or card number must be provided, failing which the report will not be effective to deactivate the T-tag© product and User’s liability will continue until such time as an effective report is made. Where a report has been made which is in compliance with this procedure, the T-tag© product will immediately be deactivated. User shall provide written confirmation to JI0 of the loss or theft report. JI0 shall not be obliged to act upon the instructions which are not provided by an authorized representative of User. At User’s request, a new T-tag© product will be issued and the cost of the new T-tag will be charged to User. The User shall be responsible for all charges debited to his account arising from the use of the T-tag© product except where the T-tag has been lost or stolen and a report made in the manner specified in this condition 6.

7. T-tag© product remains property of JIO

The T-tag© product shall remain the property of JIO, and JI0 reserves the right to revoke and/or replace it where there has been fraudulent or improper use of the T-tag© product, or where it bas been damaged or defaced, or if the T-tag is malfunctioning or defective. JI0 reserves the right to request the return of the T-tag© product, and User shall be obliged to return the T-tag© product to JI0 within 30 days of receiving such request.

8. User’s obligations

8.1 User shall not re-sell or rent the t-tag to any other person.

8.2 User shall be responsible for maintaining the T-tag© product in safe custody and in good physical condition.

8.3 User shall properly affix the T-tag to the windshield of the vehicle to which it relates, and never attempt to remove it as it may be irredeemably damaged in the process.

8.4 User shall ensure that vehicle is operated at toll plazas on Highway 2000 in accordance with all guidelines issued by JIO from time to time.

8.5 User shall not operate, with a T-tag product, any vehicle which does not fall into the Toll Class specified for this given T-tag. Should the user be found to be using the T-tag contrary to this dictate, JIO shall reserve the right to immediately deactivate the account and upgrade it to the correct vehicle class type. Additionally, JIO shall recover for each past passage the toll tariff differential between the class of the vehicle originally indicated to carry the T-tag and the actual class observed.

8.6 User shall not affix more than one T-tag to a vehicle.

8.7 In the event the T-tag fails to work correctly in the toll plaza, or if the automatic toll lane is not in operation, User or any person operating the vehicle on his behalf shall be required to move the vehicle to a manual lane and use the accompanying swipe card provided with the T-tag at initial issue or another means of payment or sign a Passage Certificate or IOU with specific mention of either his T-tag number or card number for further off lane processing.

8.8 In the event the user sells his/her vehicle, the T-tag shall not be removed from this vehicle. A new T-tag can be purchased for the new vehicle at a cost prescribed by JIO. Whilst the old card will be available for re-use, the ‘old’ T-tag will be deactivated. Funds in excess of JMD 100.00 remaining on the old account may be applied to the new account after being rounded downward to the nearest JMD 100.00 and thereafter closed.

The buyer of the old vehicle will be given the opportunity to open his/her own account with JIO using the existing T-tag affixed which will be reactivated and a supplementary swipe card issued.

9. Termination of contract

Either User or JIO may terminate this contract in accordance with the provisions of this condition 9. If User wishes to terminate the contract, User shall so advise JIO or a sales outlet of any authorized dealer in writing of his intention, and termination shall be effective upon the return of the T-tag© product to JIO or any sales outlets of authorized dealers. If JIO wishes to terminate the contract, it shall advise User in writing accordingly, specifying the effective date of the termination, but giving not less than 30 days notice of such termination, unless such termination by JIO is as a result of either (j) fraudulent use of the T-tag© product, or (ii) failure by User to pay any sums due in respect of his account, in either of which case the termination shall be immediate and notice shall not be required to be given to User. JIO is not obliged to supply a reason for termination of this contract, but it is hereby acknowledged and understood by User that (j) failure on the part of User to comply with his obligations hereunder or (ii) the cancellation of the prepaid electronic toll collection contract between customer and provider will result in JIO terminating this contract.

10. Modification of contract

JIO reserves the right to modify these terms and conditions of use, and shall provide written notice of these modifications to User at least 60 days before the effective date of modification, with the exception of prices and scales which shall be immediately applicable. If User does not accept these modifications, User may terminate the contract. If User does not terminate the contract within 30 days of notification of the modifications, User shall be deemed to have accepted the modifications and shall be bound thereby.

11. Miscellaneous

(a) Queries and complaints from User in connection with the use of the T-tag© product should be made to JIO within 90 days of the date of issue of the T-tag© product. All sums due to JIO shall continue to be payable User notwithstanding any such query or complaint. JIO will effect all required corrections to User’s account at the conclusion of any investigation conducted by it arising from any such query or complaint and will provide to User proof of the transactions on this user T-tag product that have been electronically recorded.

(b) Each electronic recording of the use of the T-tag constitutes proof that User, or someone using User’s T-tag© product bas passed through the toll plaza.

(c) In the event that the T-tag© product proves to be defective in operation, User may return it to JIO and JIO shall, if so requested, replace the T-tag© product at User`s cost, except where the defect is as a result of a manufacturing defect and the defect is reported to JIO in accordance with sub-clause (a).

12. Usage guidelines

12.1 When passing through a toll lane, User, or any person using User’s T-tag© product shall maintain unless otherwise indicated a minimum distance of five(5) metres from the vehicle in front on entering and exiting the toll lane.

12.2 Vehicles are to be operated with extreme caution in the toll plaza having regard to the presence of pedestrians and barriers.

13. Governing law

This contract is governed by the laws of Jamaica.

Terms and conditions