CINXE.COM

<div class="content alfrescoLightbox"><h1>Website Terms of Use</h1> OPAL WEBSITE TERMS OF USE   <ol> <li> Opal Website Terms of Use: These terms of use (Opal Website Terms of Use) apply to your access to and use of opal.com.au (Opal Website), whether through a computer, smart phone, tablet or other device that accesses the internet.  Your use of the Opal Website may also be subject to the Opal Terms of Use, which apply in addition to these Opal Website Terms of Use.</li> <li> Ownership: The Opal Website is owned and operated 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.</li> <li> Acceptance of terms: By accessing or using the Opal Website you agree to be bound by these Opal Website Terms of Use.  If you do not agree to be bound, you should not use the Opal Website.</li> <li> Contact: If you are unsure about your rights under these Opal Website Terms of Use, or you have a complaint about the Opal Website, you may contact us by calling 13 67 25 (13OPAL).</li> <li> Amendments: We may, at any time change any part of these Opal Website Terms of Use by updating these Opal Website Terms of Use. 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 Website 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). If you do not agree to any such changes, you must refrain from using the Opal Website. By using the Opal Website after any changes are published, you agree to be bound by the changes.</li> </ol> INTELLECTUAL PROPERTY <ol> <li value="6"> Property of TfNSW and third party providers: The Opal Website (including layout, all graphic design elements, underlying code and any text, graphics, photographs, images, sounds, video, illustrations, data, files, other information and software) (Content) remains our property or the property of our third party providers and is subject to and protected by copyright and other intellectual property rights.</li> <li value="7"> Purpose of access: You may only access and use the Opal Website for your personal, non commercial purposes and you may not use or copy the Opal Website for any other purpose unless you obtain our prior written consent. You may contact us at the following address if you are seeking consent</li> </ol> Group Corporate Counsel Transport for NSW 18 Lee Street, Chippendale New South Wales, 2008 <ol> <li value="8"> Objectionable elements: If you believe the Opal Website contains elements that are objectionable or infringes copyright or any other rights, please contact us at the address specified in clause 7 above.</li> </ol> YOUR CONDUCT <ol> <li value="9"> Use of Opal Website: In accessing and using the Opal Website you must not: <ol style="list-style-type: lower-alpha"> <li>  violate any applicable laws or access or use the Opal Website for any unlawful purpose;</li> <li> distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;</li> <li> collect or store personal data about other users of the Opal Website; or</li> <li> engage in any other conduct that inhibits any other person from using or enjoying the Opal Website.</li> </ol> </li> <li value="10"> No guarantee of protection: While we endeavour to ensure that the Opal Website is free from viruses and other harmful code, we cannot guarantee this. We therefore recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.</li> <li value="11"> Use name and password: As stated in the Opal Terms of Use, you must keep all usernames, passwords, personal identification numbers and answers to security questions confidential, you must not disclose this information to any person, and we are not responsible for any loss suffered as a result of you disclosing any such information to another person.  Where you are logged into the Opal Website using your user name and password, you will be automatically logged out after a period of inactivity to help reduce the risk of anyone else accessing your account.  For the same reason, you should log out when have finished using the Opal Website.</li> </ol> LINKS TO THIRD PARTY WEBSITES <ol> <li value="12"> Links: The Opal Website may contain links to third party websites and advertisements that may include embedded links. We have not reviewed any of the sites linked on the Opal Website and are not responsible for the content or accuracy of any other sites linked on the Opal Website, even where such websites are co-branded by us. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement. We do not accept any liability for the content of such third party websites and you take sole responsibility for your use of such third party websites.</li> </ol> PRIVACY <ol> <li value="13"> Privacy legislation: Under the Privacy and Personal Information Protection Act 1998 (NSW), you have a right to know the personal information that we collect about you and your use of the Opal Website, the purposes for which we collect that information, how such information is used and to whom such information is provided. We will handle personal information that we collect in relation to you in accordance with our privacy policy (Opal Privacy Policy) that is set out at <a href="/en/footer/privacy/">the Opal website</a>. You may update any personal information that we have about you by logging onto the Opal Website and following the steps described in the Opal Privacy Policy for accessing and correcting your personal information.</li> </ol> ACCURACY OF INFORMATION <ol> <li value="14"> Content: We cannot guarantee that the Content is always accurate, up-to-date or complete. We will update any Content as soon as practicable when we become aware that the Content is not up-to-date, complete or accurate.</li> </ol> LIMITATION ON LIABILITY <ol> <li value="15"> Exclusion of representations and warranties: All express or implied guarantees, warranties, representations or other terms and conditions not contained in these Opal Website Terms of Use are excluded from these Opal Website Terms of Use to the maximum extent permitted by law.</li> <li value="16"> Lawful remedies: Nothing in these Opal Website 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: <ol style="list-style-type: lower-alpha"> <li> 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</li> <li> in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.</li> </ol> </li> </ol> <ol> <li value="17"> Maximum liability: Subject to our obligations under any Non-Excludable Provision and to the maximum extent permitted by law: <ol style="list-style-type: lower-alpha"> <li> our maximum aggregate liability  to you for all claims under these Opal Website Terms of Use is limited to $250; and</li> <li> 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.</li> </ol> </li> </ol> The limitations and exclusions under this clause apply regardless of whether the claim or liability arises in contract, tort (including 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. <ol> <li value="18"> Contribution: Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or caused the loss or liability.</li> </ol> GENERAL <ol> <li value="19"> Proper law: These Opal Website 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.</li> <li value="20"> Unenforceability: If any part of these Opal Website 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.</li> <li value="21"> Including: The words “including”, “such as”, “for example” and similar expressions are not intended as terms of limitation.</li> </ol>   Effective date: 12 April 2013</div>