The Jamaica North South Highway Company (JNSHC) establishes these terms and conditions that govern the use of the Electronic Toll Collection system which is named E-PASS and require that account holders accept these terms and conditions.
Use of the E-PASS system is limited to customers who join the E-PASS program and maintain their account in good standing. An E-PASS customer in “good standing” means a customer who:
- submitted a completed E-PASS application to JNSHC’s E-PASS sales office;
- affixed the On-Board Unit(s) in accordance with the instructions provided;
- maintains their account current, with sufficient balance at all times to pay for all E-PASS transactions;
- uses the E-PASS system in accordance with the E-PASS Program Agreement and JNSHC’s regulations.
The following terms and conditions supersede any terms and conditions you may have previously received. These terms and conditions, together with your application, constitute the E-PASS Program Agreement. Please read all of the terms and conditions and the entire application prior to using an E-PASS On-Board Unit. When an On-Board Unit assigned to you is used, you agree as follows:
1. TERMS
a) JNSHC may, at any time, suspend or terminate your E-PASS account, and/or electronically deactivate your E-PASS On-Board Unit for violation of applicable laws, regulations, or the terms and conditions of the E-PASS Program Agreement. You shall remain and be liable for payment of all fines, penalties, costs, fees, and any other monies owed pursuant to the terms of this agreement and any applicable law.
b) JNSHC reserves the right to reject any E-PASS application.
c) If any of the terms of this agreement are declared or found to be illegal, unenforceable or void, then JNSHC and the E-PASS customer shall be relieved of all obligations under that term. The remainder of the agreement shall be enforced to the fullest extent permitted by law.
2. ON-BOARD UNIT USAGE
a) You agree that the E-PASS On-Board Unit(s) remains the property of JNSHC. This is required for manufacturer warranty purposes, and to establish a mechanism for the proper disposal of an inoperable On-Board Unit once you return it to JNSHC.
b) You agree to affix the E-PASS On-Board Unit(s) in the vehicle(s) in accordance with the instructions provided and to use the On-Board Unit(s) only in the certain vehicle that you have listed on your application, and updated as necessary.
c) You agree that you may not use any designated E-PASS lane unless the vehicle is properly equipped with an E-PASS On-Board Unit and that vehicle has been listed on or added to your account.
d) You acknowledge that you are required to enter and exit all toll plazas through a designated E-PASS lane.
e) When traveling on the Highway and at a point of exit, but no point of entry, is registered for the E-PASS transaction, you agree that the E-PASS system will use the entry point that is farthest from the point of exit when calculating the toll fare.
f) You agree that you will comply with the posted speed limit. You are advised and you agree that exceeding the posted speed limit will subject you to fines and penalties and/or termination of your E-PASS account.
g) You agree to obey all applicable Laws and regulations governing the use and operation of JNSHC’s facilities and the E-PASS Program. Failure to do so may result in fines and penalties and/or termination of your E-PASS account.
h) You agree to pay all costs associated with the use of the E-PASS On-Board Unit(s) assigned to you.
i) You agree to obey all signage, postings and signal messages in the E-PASS lanes. Failure to do so may result in additional costs, fines and penalties. This message will not be displayed on a roadway that has ETC.
j) JNSHC may enter into reciprocal agreements with other agencies. If your E-PASS On-Board Unit(s) is used at any toll facility, you agree that all charges incurred in connection with the use of your E-PASS On-Board Unit(s) will be charged to your account and that you are responsible for all such charges.
3. LOST/STOLEN AND DEFECTIVE ON-BOARD UNITS
a) You agree that you will notify the Control Center immediately if your On-Board Unit(s) is lost or stolen. You agree that you are responsible for any costs associated with any and all uses of the E-PASS On-Board Unit(s) assigned to your account prior to such notification. The replacement fee for lost or stolen On-Board Unit(s) is equal
to the amount of the On-Board Unit Fee.
b) Defective E-PASS On-Board Units must be brought or sent to a sales office for testing and evaluation. At the discretion of JNSHC, defective E-PASS On-Board Units may be replaced free of charge. If the E-PASS On-Board Unit shows signs of misuse or abuse you will be required to pay a fee per 3(a) above.
4. YOUR E-PASS ACCOUNT
a) You authorize JNSHC to access and charge all fees associated with your participation in the E-PASS Program and associated use of a On-Board Unit to your E-PASS account.
b) You acknowledge that JNSHC may review periodically the activity in your account and adjust it, if applicable.
c) You shall not assign the obligations or benefits of this agreement without the express written consent of JNSHC or the Customer Service Center.
f) You acknowledge and agree that JNSHC shall not pay any interest on any E-PASS account pre-paid balance or any On-Board Unit deposit.
g) You acknowledge and agree that you will be charged a fee for each returned check for your E-PASS Program account.
h) You certify that all information contained in your E-PASS application is true and accurate. You agree to notify immediately the Control Center if any of the information contained in your application changes, including but not limited to, changes to address, vehicle and license plate information. Failure to do so may subject you to additional fines and fees
i) Administrative fees may be billed directly to your account. You may contest the imposition of said administrative fees to the Control Center within sixty (60) days of the disputed charge. If the fee is rescinded, your E-PASS account will be credited the amount of the rescinded fee.
j) Unpaid balances due to JNSHC may be turned over to a collection agency such as Toll Authority for enforcement and collection activities along with any other legal action that JNSHC is authorized to pursue to recover such monies owed.
5. DISPUTES/REFUNDS
In accordance with the Toll Road Act, the time permissible for an account holder to dispute an overcharge of the electronic toll system is three (3) years from the time of the overcharge. If you dispute any overcharge to your ETC account you agree to notify the Control Center in writing at P.O. Box 4638, Linstead P.O., St. Catherine, Jamaica W.I., or via email at [email protected] within such period. JNSHC will investigate the dispute and will make a good faith determination of whether an adjustment is warranted. You agree that the good faith determination of JNSHC with regard to your dispute shall be final and binding upon you.
6. DISCLAIMER
a) JNSHC shall have no responsibility or liability to you for any loss, cost, expense or damage to you, any passengers or your vehicle, arising out of your failure to comply with any laws or regulations, or any terms and conditions of the E-PASS Program Agreement, or out of your misuse or abuse of an E-PASS On-Board Unit, or failure to follow instructions for the use and operation of E-PASS On-Board Unit(s).
b) Under no circumstances shall JNSHC have any liability for any consequential, indirect, special, incidental, or punitive damages of any kind arising out of your participation in the E-PASS Program.
c) Except for its obligations under paragraph 3 (b) above, JNSHC makes no representations or warranties, ex- press or implied, with respect to the merchant ability or fitness for a particular purpose or any other reason with respect to E-PASS On-Board Units and/or the E-PASS Program.
d) Except as otherwise specified herein, JNSHC shall have no liability or obligation of any kind what so ever arising out of :(1) your use of or the performance of the E-PASS On-Board Unit, (2) any defect or malfunction of an E-PASS On-Board Unit or any defect or malfunction in any E-PASS lane, or (3) the failure of any E-PASS lanes to operate at any time or the unavailability of any E-PASS lanes at any toll plaza.
e) JNSHC does not warrant that there will be any E-PASS lanes, or that any particular number of E-PASS lanes will be available at any toll plaza, or that E-PASS will be available at any other facilities. You can use your E-PASS CARD to use the manual toll lane whenever the E-PASS lanes are unavailable at any of JNSHC Toll Plaza.
f) You agree to indemnify, defend, and hold harmless JNSHC from and against any and all damage, loss, cost, expense, or liability relating to, arising from, or as a result of the use or performance of the E-PASS On-Board Unit.
7. COLLECTION EXPENSES
You agree to pay JNSHC’s costs, including attorneys’ fees, required to enforce the terms and conditions of the E-PASS Program and the collection of monies in connection with the use of your E-PASS On-Board Unit(s).
8. NON-DISCLOSURE
In accordance with the provisions of the Toll Road Act, the JNSHC and the Control Center shall hold all customer account information confidential, except as otherwise authorized for JNSHC administrative and legal proceedings.
9. TERMINATION
You may terminate this agreement at any time by returning your On-Board Unit(s) to the Customer Service Center. On-Board Units should be returned in person or by first class prepaid mail. On-Board Units will remain the property of JNSHC under all circumstances. Upon termination of this agreement and return of your On-Board Unit(s), but your account balance will not be refunded to you.
10. MODIFICATIONS
JNSHC may change the “E-PASS Program Terms and Conditions” at any time by giving customers notice. The terms and conditions shall become effective seven (7) days after such notice has been given. No written notice is required, and you hereby waive any requirement that written notice be provided. Such notice may be given through any means, including, but not limited to, advertising such notice in the media, posting such notice on message Boards along JNSHC’s toll roadways, posting such notice on the JNSHC website, or otherwise, as determined by JNSHC. If you have provided an electronic mailing address to JNSHC with your application, you authorize that such notice may be provided by sending such notice to that electronic mail address, in JNSHC’s discretion.
11. REMINDER
Do not remove the On-Board Unit(s) assigned and installed to your vehicle by yourself.
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As applicant of the E-PASS On-Board Unit, I have read the information on this application, including the terms and conditions. I certify that all information contained in the application is true and accurate to the best of my knowledge.
