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Opal Terms of Use

WHAT IS THE OPAL CARD AND WHO ARE WE?
  1. Opal Ticketing System: The Opal Card (Opal Card) is a smartcard designed for use by an electronic ticketing system (Opal Ticketing System). The Opal Card can be used as a form of ticketing and payment for eligible public transport services across the greater Sydney region equipped with operational Opal Card readers (Opal Card Readers). The Opal Card is issued by Transport for NSW (TfNSW). A reference to us, we or our, is a reference to TfNSW and, where the context requires, its authorised representatives and agents.

OPAL TERMS OF USE

  1. Opal Terms of Use: The reference to "Opal's terms of use" or "Opal Terms of Use" on the back of the Opal Card is a reference to these Opal Terms of Use as amended from time to time in accordance with section 4 (Opal Terms of Use). These Opal Terms of Use are the terms and conditions that apply to your use of the Opal Card and the Opal Ticketing System.

ACCEPTANCE

  1. Acceptance of terms: By ordering, using or registering an Opal Card you agree to be bound by the Opal Terms of Use in force at the time you order, use or register your Opal Card. If you do not agree to be bound, you must refrain from using the Opal Card.
  2. Amendments: We may, at any time, change any part of these Opal Terms of Use or any other information referred to in these Opal Terms of Use, by updating these Opal Terms of Use or that other information accordingly at opal.com.au (Opal Website). Any such changes will take effect when they are published on the Opal Website. If we make any such changes that we consider will adversely affect your use of the Opal Card in a material way, we will take such steps to notify you of those changes as we consider reasonably appropriate (for example, by including a notice on the Opal Website). By continuing to use an Opal Card after any changes are published on the Opal Website, you agree to be bound by those changes. If you do not agree to any such changes, you must refrain from using the Opal Card and you may apply for a refund of the stored value of that Opal Card (Opal Card Balance) in accordance with the Opal Refund and Balance Transfer Policy.
  3. Operator's conditions of carriage: These Opal Terms of Use apply in addition to conditions of carriage imposed by any provider of public transport services who accepts the Opal Card as payment for use of its services (Operator). When using the services of any Operator you must comply with that Operator's conditions of carriage. We are not responsible for the acts or omissions of any Operator.

CARD TYPES

  1. Opal Cards: Opal Cards: We will be issuing Opal Cards that will be reloadable "pay as you go" stored value Opal Cards and non-reloadable Opal Cards.
  2. Reloadable Opal Cards: You must use the "Adult" Opal Card unless you are entitled to use a different type of Opal Card allowing concessional fares or free travel. You can use a "Child/Youth" Opal Card only if you are (a) aged 4 to 15 years (inclusive), or (b) a full-time NSW/ACT school student aged 16 and older. When using an Opal Card allowing concessional fares or free travel, you must carry and produce upon request proof of your entitlement in accordance with section 52). Further information about the types of reloadable Opal Cards available under the Opal Ticketing System, the criteria for eligibility, the fares charged by Operators and any additional special terms and conditions for reloadable Opal Cards other than the "Adult" Opal Card may also be obtained by calling 13 67 25 (13 OPAL) and from the Opal Website. Customers who use reloadable Opal Cards other than the "Adult" Opal Card must inform themselves of and comply with any such additional special terms and conditions. If an Opal Card allowing concessional fares or free travel has been issued specifically to you, you must not permit any other person to use that Opal Card. You may not use an Opal Card allowing concessional fares or free travel that has been issued specifically to another person.
  3. Precondition to using a reloadable Opal Card: You must add value to a reloadable Opal Card before using it to pay for your first trip.
  4. Non-reloadable Opal Cards: In the future, we will be issuing different types of limited life non-reloadable Opal Cards. They will be subject to special terms and conditions which will be published (including on the Opal Website) as and when they are issued. Customers who use these non-reloadable Opal Cards must inform themselves of and comply with their special terms and conditions. You cannot add value to non-reloadable Opal Cards.
  5. Property of TfNSW: Opal Cards are and remain our property. Subject to section 42, we may inspect, de-activate or take possession of an Opal Card or require its return at our discretion without notice at any time.

ACQUIRING OPAL CARDS

  1. Opal Channels: You can acquire Opal Cards through:
    1. our call centre at 13 67 25 (13 OPAL);
    2. the Opal Website;
    3. various retailers which are approved as Opal retailers; and
    4. any service centres that we establish,

(together, the Opal Channels).

You may obtain information on Opal Channels and on how and through what Opal Channels you may acquire an Opal Card by calling 13 67 25 (13 OPAL) and from the Opal Website. When acquiring an Opal Card, you must provide all the information that we deem reasonably necessary for us to supply you with the Opal Card of the type you are acquiring. If you receive an Opal Card in the mail, you must activate it in accordance with the procedure specified in the Opal starter pack that accompanies the Opal Card. We are not responsible for any delays in delivering an Opal Card to you if the information you provide is inaccurate, out of date or unclear, or the Opal Card is undeliverable to the address you provide.

You should not obtain an Opal Card by purchasing it from another person. As described in section 40, the sale of an Opal Card for a price is prohibited, and you may not be able to confirm the Opal Card Balance of any such Opal Card, or the Opal Card may have been blocked or cancelled by us, whether at the time of purchase or subsequently. This may include circumstances where the Opal Card that you purchase has been lost or stolen, or a "top up" to the Opal Card has been reversed because of an unauthorised credit card transaction involving a lost or stolen credit card.

  1. Responsibility for a child: If you acquire an Opal Card for use by a person who lacks, by reason of youth, the understanding necessary for these Opal Terms of Use to be binding on them (Child), you are responsible for the use of that Opal Card by that Child.

USE OF OPAL CARDS AND OPAL TICKETING SYSTEM

  1. Use of Opal Cards: You must:
    1. use the Opal Card in accordance with these Opal Terms of Use;
    2. provide us with the information and assistance that we deem reasonably necessary for the effective use of the Opal Card;
    3. comply with all laws and regulations applicable to your use of the Opal Card;
    4. keep the Opal Card safe and secure at all times;
    5. take proper care of the Opal Card, avoid damaging it, keep it flat and not bend or pierce it;
    6. only use an Opal Card issued by us on the Opal Ticketing System (and you must not use any other smartcards at an Opal Card Reader or any other part of the Opal Ticketing System);
    7. not misuse, deface, alter, tamper with or deliberately damage or destroy the Opal Card;
    8. not alter, remove or replace any notices (other than the activation sticker), trademarks or artwork on the Opal Card; and
    9. not modify, adapt, translate, disassemble, decompile, reverse engineer, create derivative works of, copy or read, obtain or attempt to discover by any means, any (i) encrypted software or encrypted data contained on an Opal Card; or (ii) other software or data forming part of the Opal Ticketing System.
  2. Defective cards: You must not knowingly use a Damaged or Faulty Opal Card and must immediately report a Damaged or Faulty Opal Card by calling 13 67 25 (13 OPAL) as soon as it is discovered that it is Damaged or Faulty. In relation to an Opal Card:
    1. Damaged means not capable of being read by an Opal Card Reader and subject to physical damage or electronic tampering by you or any other person or event subsequent to the acquisition of that Opal Card; and
    2. Faulty means: (i) not Damaged but not capable of being read by an Opal Card Reader; or (ii) failing to comply with any applicable statutory guarantees.
  3. Accuracy of information: You represent and warrant that any information that you provide to us is true, accurate and up to date. If the information you provide changes or is out of date, you must notify us of the change as soon as possible.
  4. Opal Website: If and when you use the Opal Website, you must comply with the Opal Website Terms of Use.
  5. Opal Guidelines: You must comply with all the procedures, policies and guidelines relating to the Opal Card and the Opal Ticketing System (including the Opal Refund and Balance Transfer Policy, the Opal Privacy Policy, the guidelines in the Opal Website and any starter packs) that are published or issued by us as each may be amended from time to time in accordance with section 4 (Opal Guidelines).

CARD REGISTRATION

  1. Registering an Opal Card: When you register an Opal Card you must provide the information necessary to create a customer profile (Customer Profile). The card identification number and card security code (Opal Card Number) of the Opal Card that you are registering will be linked in the Opal Ticketing System to your Customer Profile. You can link more than one Opal Card to your Customer Profile but an Opal Card can only be linked to one Customer Profile at any given time.
  2. Registered Card Benefits: A range of services (Registered Card Benefits) are available for registered Opal Cards. Information about Registered Card Benefits can be obtained by calling 13 67 25 (13 OPAL) and from the Opal Website. If a registered Opal Card is lost or stolen and you report it as lost or stolen, the Opal Card Balance of that Opal Card will be protected in accordance with and upon the terms of our refund policy set out at the Opal Website (Opal Refund and Balance Transfer Policy).
  3. Changing Registered Card Benefits: We may change the Registered Card Benefits at any time in accordance with section 4.
  4. Registration: Subject to section 42, we reserve the right: (i) not to register an Opal Card; or (ii) to remove the registration of an Opal Card if we deem it reasonable to do so for the purposes of providing efficient and effective ticketing services.
  5. Registration on behalf of a Child: You may only register and manage the registration of an Opal Card on behalf of:
    1. a Child under the age of 16, if you are a parent or guardian of that Child; or
    2. any other person over the age of 16, if you are doing so with their consent (including their consent to disclose any personal information you provide to us about them).
  6. Confidentiality: You must keep all usernames, passwords, personal identification numbers, card security codes and answers to security questions confidential and you must not disclose this information to any person. You must not enable any other person, application (including any mobile application) or system to access your Customer Profile. We are not responsible for any loss suffered as a result of you disclosing any information, including any username or password contained in your Customer Profile to another person, any application (including any mobile application) or any system. You must also keep the Opal Card Number that is printed on your Opal Card safe and secure. If your Opal Card is unregistered and another person obtains your Opal Card Number, this may allow them to view your recent travel history, register your Opal Card, or link your Opal Card to their own Customer Profile.
  7. Opal Privacy Policy: We will handle personal information that we collect in relation to the Opal Ticketing System in accordance with our privacy policy (Opal Privacy Policy) that is set out at the Opal Website. You consent to our disclosure of your personal information in accordance with the Opal Privacy Policy and relevant legislation relating to personal information and privacy.
  8. Unregistered Opal Cards: You can acquire an unregistered Opal Card through various retailers which are approved as Opal retailers, and any service centres that we establish. The provisions in these Terms of Use relating to unregistered Opal Cards apply to Opal Cards that are acquired but not registered, and also to registered Opal Cards that have been de-registered.
  9. Card authentication: When interacting with the Opal Ticketing System, you will comply with any authentication procedures that we reasonably require from time to time. If you cannot satisfy any of our authentication requirements, you may not be able to interact with the Opal Ticketing System including obtaining the Registered Card Benefits.

PAYMENT, FARES AND BALANCES

  1. Payment for travel: In connection with your use of an Opal Card, you are responsible for the payment of all fares (including promotional fares, discounted fares or fares with caps) (Opal Fares). We also reserve the right to apply charges in connection with the use of the Opal Card (Opal Charges). Information about applicable Opal Fares and Opal Charges will be published on the Opal Website and is subject to change from time to time in accordance with section 4. Information about applicable Opal Fares and Opal Charges can also be obtained by calling 13 67 25 (13 OPAL).
  2. Opal Card Balance: Your Opal Card Balance will be available to pay for Opal Fares and Opal Charges (unless those amounts are transferred or refunded in accordance with the Opal Refund and Balance Transfer Policy, or forfeited in accordance with section 48. You must add value to a reloadable Opal Card sufficient to meet these charges.
  3. Tap on and tap off: You must tap on at the beginning of your trip and tap off at the end of your trip at an Opal Card Reader except in the case of ferry services to and from Manly. For ferry services to and from Manly only, you must tap on at the beginning of your trip but you do not have to tap off at the end of your trip and you may exit without doing so. Instructions on how to tap on and tap off will be set out in the documentation that is provided with a new Opal Card, and on the Opal Website, and you must comply with those instructions. If you fail to tap on or tap off as required, the Opal Ticketing System is unable to ascertain where you entered or exited the public transport network, as the case may be, and the Opal Card may be charged with a fare and/or Opal Charge that may be higher than the applicable Opal Fare.
  4. Multiple use not permitted: You can only use an Opal Card for one trip at a time. You must not tap on twice with the same Opal Card in order to pay for another person's trip. You must not use multiple Opal Cards to pay for the same trip.
  5. Sufficient funds: You must not use a reloadable Opal Card to pay the Opal Fare for a trip if the Opal Card Balance of the reloadable Opal Card is: (a) insufficient to pay for it; or (b) a negative balance.
  6. Minimum and maximum balances: A limit applies to the maximum amount that can be maintained as an Opal Card Balance on an Opal Card, which may vary depending on the type of Opal Card you have. You must not commence a trip if (a) the Opal Card Balance is negative; or (b) the Opal Card Reader declines a tap on due to an insufficient balance.
  7. Authorisation: You authorise us to deduct all Opal Fares and Opal Charges as and when they are due from the Opal Card Balance of the Opal Card.
  8. Negative balances: If the Opal Card Balance of a reloadable Opal Card is insufficient to pay for the applicable Opal Fare or is a negative balance, you must add value to the Opal Card in an amount sufficient to pay for your trip before you use it again. You must pay any negative Opal Card Balance on a reloadable Opal Card and, when you add value to it, the added value will be first applied to reduce any negative balance.
  9. Adding value: You may "top up" or add value to a reloadable Opal Card by paying or transferring value to the Opal Card Balance of the reloadable Opal Card. Information on current methods of adding value can be obtained by calling 13 67 25 (13 OPAL) and from the Opal Website. Under the Opal Ticketing System, "add value" is also referred to as "top up".
  10. Balance adjustments: You may dispute the amount of an Opal Card Balance of your Opal Card and request an adjustment of the Opal Card Balance by calling 13 67 25 (13 OPAL) or by completing and sending the enquiry form on the Opal Website. An adjustment to an Opal Card Balance will only be made at our discretion. We may adjust an Opal Card Balance retrospectively if we discover that it is incorrect.
  11. Balance transfers: We will only transfer the Opal Card Balance of an Opal Card to another Opal Card if: (a) both Opal Cards are registered and linked to the same Customer Profile; (b) the entire Opal Card Balance (less any applicable Opal Charges) is being transferred; and (c) the Opal Card from which the transfer is being made has been blocked and cancelled.
  12. Auto top up: If you set up an "auto top up" as one of the Registered Card Benefits for your reloadable Opal Card, you are authorising us to automatically add value to your reloadable Opal Card whenever your Opal Card Balance falls below the required minimum balance by means of an automatic payment from: (a) a credit card; (b) a debit card; or (c) bank or similar account if we make such a service available in the future (Authorised Payment Source). You can obtain information on the minimum and maximum amounts that can be automatically added under an auto top up, the methods by which you can change or terminate an auto top up and the manner in which we will handle the auto top up if your Authorised Payment Source is declined or has expired, by calling 13 67 25 (13 OPAL). You must ensure that your Authorised Payment Source remains valid and current and you must renew your Authorised Payment Source if it has expired or if we request you to do so. If a payment for an auto top up is declined by your Authorised Payment Source, we will reverse that auto top up and cancel that auto top up.
  13. Website and 13 OPAL top ups:
    1. Reversals: After we receive instructions from you to add value to an Opal Card via the Opal Website or 13 67 25 (13 OPAL) you should tap on at an Opal Card Reader with that Opal Card within 60 days. If you fail to tap on within the 60 days we will reverse the value added back to your credit or debit card as the case may be.
    2. Timing: We will use our reasonable endeavours to ensure timely top ups via the Opal Website or 13 67 25 (13 OPAL) but we will not be responsible for any delays in doing so.

TRANSFER OF YOUR OPAL CARD

  1. No resale: You must not sell, or offer to sell, an Opal Card to another person for a price. We may block or cancel any Opal Card that is sold or offered for sale in breach of this section at any time without notice. If you have an Opal Card that you no longer wish to use, you can apply for a refund of the Opal Card Balance as described below.

REFUNDS

  1. Opal Refund and Balance Transfer Policy: We will make refunds for Opal Card Balances as stated in these Opal Terms of Use and in accordance with the Opal Refund and Balance Transfer Policy. The Opal Refund and Balance Transfer Policy also contains the terms and conditions upon which we will transfer the balance of an Opal Card to another Opal Card. Where we de-activate or take possession of an Opal Card or require its return under section 10, remove the registration of an Opal Card under section 21, or block and/or cancel an Opal Card under section 45, you can apply for a refund in accordance with the Opal Refund and Balance Transfer Policy. We may reject any claim for a refund if you have not complied with any of the provisions of these Opal Terms of Use or if we have reason to suspect that an offence under any law may have been or may be committed.
  2. Lost or stolen - registered Opal Cards: If you have lost a registered Opal Card or the registered Opal Card has been stolen, you must notify us as soon as possible by calling 13 67 25 (13 OPAL) or through the Opal Website, so that we can block and cancel it and arrange for a balance transfer in accordance with the Opal Refund and Balance Transfer Policy. No refunds will be given for lost or stolen registered Opal Cards. You remain liable for Opal Fares and Opal Charges incurred on the Opal Card until you report it to us as lost or stolen.
  3. Lost or stolen - unregistered Opal Cards: No refunds will be given for lost or stolen unregistered Opal Cards. No balance transfers will be made from an unregistered Opal Card whether or not it is lost or stolen.
  4. Defective cards: If an Opal Card is Damaged or Faulty: (a) you should notify us as soon as possible by calling 13 67 25 (13 OPAL) to request a replacement Opal Card or a refund; and (b) if you want a refund, you must physically return the Opal Card by mailing or delivering to us the Opal Card together with a signed and completed "Opal card refund form" that is contained in the Opal Refund and Balance Transfer Policy. If you do not physically return a Damaged or Faulty Opal Card you will not be entitled to a refund.

CANCELLATION AND EXPIRATION

  1. Cancellation: Subject to section 42, we may block and cancel an Opal Card if:
    1. we are satisfied that it is lost, stolen, Damaged or Faulty;
    2. you have not complied with any of the provisions of these Opal Terms of Use or if we have reason to suspect that an offence under any law may have been or may be committed; or
    3. we deem it reasonable to do so for the purposes of providing efficient and effective ticketing services. An Opal Card that has been blocked or cancelled will no longer be usable.
  2. Expiration: An Opal Card will usually expire 9 years after the date it is initialised (which will be earlier than the date you received or first used the Opal Card) (Planned Expiry). However, we may expire an Opal Card earlier if we have reasonable grounds to do so (for example, if a particular batch of Opal Cards are experiencing failures prior to their date of Planned Expiry) (Unplanned Expiry).
  3. Notice of expiry: You will know when an Opal Card is about to expire as a card expiration message will appear on the reader display when you tap on an Opal Card Reader during the 30 day period prior to Planned Expiry, or, in the case of Unplanned Expiry, such lesser period as we may reasonably need to determine.
  4. Forfeiture of Opal Card Balance: If you have a registered Opal Card, you can apply for a transfer or refund of your Opal Card Balance in accordance with the Opal Refund and Balance Transfer Policy for a period of up to 90 days after the date of cancellation or expiration of the Opal Card. If you do not do so, or you are not entitled to a refund in accordance with the Opal Refund and Balance Transfer Policy, you will forfeit the Opal Card Balance of that cancelled or expired Opal Card to us. If you have an un-registered Opal Card, you will forfeit the Opal Card Balance to us on the cancellation or expiration of the Opal Card.
  5. Inability to use: You will not be able to use any Opal Card that has been cancelled or has expired.

LAW ENFORCEMENT AND REVENUE PROTECTION

  1. Revenue protection: You must co-operate with any officer (including any NSW police officer) authorised by us to monitor fare evasion, protect revenue or enforce compliance (Authorised Officer).
  2. Proof of entitlement: 51. This section 51 does not apply if you are aged 4 to 15 years (inclusive) and using a "Child/Youth" Opal Card. When travelling using an Opal card that entitles you to concessional fares or free travel, you must carry and produce upon request evidence of your entitlement to support your eligibility (e.g. being a valid Senior Card, Pensioner Card or Student Card). If you fail to carry or produce the evidence referred to above, you may be liable to pay a fine. Your eligibility for concessional, discounted or free travel may also be suspended or withdrawn.
  3. Production of Opal Card: You must immediately produce the Opal Card that you are using if requested to do so by an Authorised Officer. You consent to any Authorised Officer inspecting the Opal Cardand viewing transactions on the Opal Card.
  4. Co-operation: You must co-operate with us and the NSW Police in endeavouring to recover an Opal Card if it is lost or stolen or if we suspect any suspicious activity in relation to an Opal Card.

GENERAL

  1. Records: In the absence of manifest error, our records are conclusive of the matters to which they relate.
  2. Enquiries, complaints and disputes: You may raise enquiries, complaints or disputes by calling 13 67 25 (13 OPAL) or completing and sending us the enquiry form available on the Opal Website.
  3. Customer instructions: Whenever you provide information or an instruction in connection with an Opal Card or the Opal Ticketing System to us, we are entitled to assume that you have the right and authority to provide that information or instruction to us and that we are entitled to rely on the information or instruction.
  4. Intellectual property rights: The Opal Card, the Opal Ticketing System (including related software, architecture, data or other information) and their operation are protected by copyright and other intellectual property rights that are owned by us and our licensors.
  5. Assignment: If we assign our functions under the Opal Ticketing System or cease to be responsible for the operation of the Opal Ticketing System, the reference to "TfNSW", "we", "us" and "our" in these Opal Terms of Use will refer to our assignee or the entity that has taken over the responsibility, as the case may be.

INTERPRETATION

  1. Proper law: These Opal Terms of Use are governed by the laws of New South Wales and we and you submit to the exclusive jurisdiction of the courts of New South Wales.
  2. Unenforceability: If any part of these Opal Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the fullest extent possible and the remainder will remain in full force and effect.
  3. Including: The words "including", "such as", "for example" and similar expressions are not intended as terms of limitation.

LIABILITY

  1. Delays: To the maximum extent permitted by law, we are not responsible for any delays in performing any of our obligations under these Opal Terms of Use and any of our functions under the Opal Ticketing System. To the maximum extent permitted by law, we will not be liable for any loss, damage, costs or expenses incurred as a result of the failure or delay in processing any transaction including a refund, balance transfer, balance adjustment or transaction to add value.
  2. Exclusion of representations and warranties: All express or implied guarantees, warranties, representations or other terms and conditions not contained in these Opal Terms of Use are excluded from these Opal Terms of Use to the maximum extent permitted by law.
  3. Lawful remedies: Nothing in these Opal Terms of Use excludes anything imposed by any legislation (such as the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances) that cannot be lawfully excluded or limited (Non-Excludable Provision). If we are able to limit your remedy for a breach of a Non-Excludable Provision, then our liability for such a breach is limited to one or more of the following at our option:
    1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  4. Maximum liability: Subject to our obligations under any Non-Excludable Provision and to the maximum extent permitted by law:
    1. our maximum aggregate liability to you for all claims under these Opal Terms of Use is limited to $250; and
    2. we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages or damages for loss of profits, revenue, goodwill or anticipated savings.

    The limitations and exclusions under this clause apply regardless of whether the claim or liability arises in contract, tort (including, without limitation, negligence), equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such claim, liability or damage was foreseeable.

  5. Contribution: Our liability to you (if any) is reduced to the extent that your acts or omissions (or those of a third party) contribute to or caused the loss or liability.