1. Introduction

1.1 These terms and conditions (the “Terms”) govern Your use of the payment service provided by An Post which permits You to make online payments in respect of a Fixed Charge Notice issued by An Garda Síochána (the Service).The Service is made available at gardapayments.anpost.ie

2. Definitions

In these Terms the following expressions have the following meanings:

“AGS” means An Garda Síochána.

“Fixed Charge Notice” means a notice issued by AGS for the purpose of Section 103(6) of the Road Traffic Act, 1961 as substituted by Section 11 of the Road Traffic Act, 2002 and Section 36(1) of the Road Traffic Act 2010.

“Notice” means the Non Declaration Fixed Charge Notice issued to you by AGS.

“Non Declaration Fixed Charge Notice” means a Fixed Charge Notice for an offence that does not attract penalty points.

“Intellectual Property Rights” means any copyrights, future copyright, database rights, inventions, patents, patentable material, designs, trade secrets, confidential information, know-how, trademarks, service marks or other industrial or intellectual property rights, and any applications for any of the foregoing (whether registered or not and whether registerable or not).

"Site” means the Website

“We”, “Us” and “Our” means An Post having its registered office at GPO, O’Connell Street, Dublin 1.

“Website” means the website at the universal resource locator beginning gardapayments.anpost.ie

“You” and ‘”Your” means You, the person who uses the Service.

3. Access to the Service

3.1 Your use of the Service is conditional on and subject to your compliance with the provisions of these Terms and the Website Privacy Statement and Cookies Policy which can be found at www.anpost.com/Privacy and the Website Terms of Use which can be found at www.anpost.com/Terms-of-Use.

3.2 You shall use the Site at all times in accordance with the instructions and directions set out on the Site from time to time.

3.3 You acknowledge that the Service enables you to make an online payment to AGS of an amount specified on a Notice issued to you by AGS (Fixed Charge Amount) only and that all other matters concerning the Notice are outside the scope of these Terms and Conditions are issues which must be dealt with by You and AGS.

3.4 You acknowledge that the Notice is served on you by AGS under the terms of the relevant legislation and that we have no responsibility to you in this regard. It is your responsibility to familiarise yourself with the Notice and the terms and conditions attaching to it and to comply with them. You should contact AGS if you have any questions about the Notice as we are unable to provide this information.

4. Links From Our Website

4.1 Where the Website contains links to other websites and resources provided by third parties these links are provided for your information only. If You use such links You leave this website. We have no control over the contents of those other websites or resources and We accept no responsibility for them or for any liability, loss or damage that may arise from Your use of them.

5. Payments through the Service

5.1 To make a payment using the Service you must use a valid debit or credit card and make the payment in accordance with the instructions on the Site.

5.2 When you make a payment you will be transferred to the services of a third party payment processor (Worldpay) to process your payment. By making a payment using your debit or credit card you hereby consent to Worldpay processing your payment information and related personal data solely for the purposes of facilitating such payment. We will not forward your payment to AGS until your payment has been successfully processed. If you have provided US with Your email address we will notify you via email when your payment has been processed. We will endeavour to forward your payment to AGS promptly once your payment has been processed successfully.

5.3 All amounts paid on foot of a Notice that you pay through the Service are paid to An Post. We will then remit the payment to AGS. You are solely responsible for ensuring that you pay the correct Fixed Charge Amount in respect of the Notice. We will simply transmit the amount that you pay to us to AGS. We are not required to verify that you have paid the correct Fixed Charge Amount in respect of the Notice. The rejection of a payment by AGS or an overpayment to AGS is a matter between AGS and You alone and is outside the scope of these Terms

5.4 If you contact us about a payment-related issue, we will use our reasonable endeavours to help resolve the issue. For example, if there is a problem processing your payment using your debit or credit card, we will endeavour to establish the reason for this. However, you are responsible for making all required payments and for resolving all Notice related issues with AGS and we cannot become involved in any disputes arising between you and AGS relating to a Notice which has already been processed through the Service and remitted to AGS, or any other matter arising between you and AGS relating to a Notice.

5.5 In making a payment through the Service, you warrant and undertake to us that:

a. You are the owner of, or otherwise legally entitled to make payments using, the credit or debit card used by you to pay the Fixed Charge Amount.

b. The funds on the credit or debit card used to pay the Fixed Charge Amount are sufficient to meet the amount set out on the Notice.

c. You hereby agree to indemnify us and keep us indemnified on demand, from and against any and all losses, claims, demands, costs, fines, charges, expenses, liabilities, damages, proceedings and actions which we may sustain, incur or which may be brought or established against us by any person which arise out of or in way relate to, or arise by reason of your unlawful use of, any credit or debit card or by reason of fraud or otherwise arising from non-payment of any Fixed Charge Amount.

5.6 In the event that AGS rejects your payment under a Notice, it shall be the responsibility of AGS to arrange for any refund due to you in accordance with its refund procedures. This is a matter solely between you and AGS and we are not required to provide any refund to you on behalf of AGS or otherwise.

5.7 You acknowledge that once a payment is made to AGS by Us that We have no further liability to You.

5.8 You acknowledge that it is Your responsibility to print and keep a receipt of payments made using the Service.

6. Limitation of Our liability

6.1 You agree that Your use of the Service is at your own risk and that We are not liable to You for any loss or damage (other than that which cannot be excluded by law) which You may suffer as a result of:

(a) the Service for any reason being unavailable;

(b) any acts or omissions of Your internet service provider;

(c) the acts or omissions of Your credit card or debit card provider or AGS or both;

(d) Your failure to exercise reasonable care;

(e) Your failure to follow security requirements in these Terms or otherwise notified by Us to You;

6.2 We will not be liable for any errors or delay in making a payment to AGS if this is due to anything beyond our control, for example industrial action; fire; flood; explosion; government act; act of God; or the failure, directly or indirectly, of any power supply, machine, data processing system, data transmission link, or telephone link or due to unavailability of the Service.

6.3 Any liability We have to You howsoever arising will be limited to the value of the amount payable on the relevant Notice. We will not be liable to You in any circumstances for any loss or damage (other than that which cannot be excluded in law) which is not direct, or is beyond Our reasonable control, or which we could not reasonably foresee. All implied warranties are excluded to the fullest extent permissible under law.

7. Intellectual Property Rights

7.1 The trademarks, logos, and service marks (together the “Marks”) displayed on the Site are registered or unregistered Marks of An Post or Our licensors. All rights in the Marks are reserved. These Terms do not grant and nothing in these Terms are to be construed as granting any right to use any of the Marks without Our prior consent or that of Our licensors.

8. Privacy, Security and Data Protection

8.1 We process personal information about You in accordance with our Privacy Statement accessible here. By agreeing to these Terms you consent to such processing and warrant that all data provided by You is accurate.

9. Amendments to these terms and conditions

9.1 The contents of the Website including these terms and conditions are subject to change by Us by notification on the Site.

10. General

10.1 Each of these terms is separate from all other terms, so that if one term is found to be invalid or unenforceable this will not affect the validity of any of the other terms.

10.2 If We do not enforce any of the rights We have under these Terms, or if We delay in enforcing them, that does not stop Us from taking any action to enforce Our rights in the future.

10.3 The headings used in these terms are for ease of reference only and shall not affect the meaning of these Terms.

11. Documents Incorporated by Reference

11.1 These Terms incorporate by reference any notices contained on the Site, the Privacy Statement, the Cookie Policy and the Website Terms of Use.

11.2 The documents referred to at clause 11.1 above constitute the entire agreement between US with respect to Your access to and use of the Service.

12. Governing Law and Jurisdiction

12.1 This Website is established in Ireland in accordance with the laws of Ireland and will be governed by the laws of Ireland. When You use the Website, You accept that Your use of the Website and any information on the Website will also be governed by the laws of Ireland and if any claim or dispute arises from Your use of the Website or any information on it, You agree that the Irish Courts will have non-exclusive jurisdiction over all such claims or disputes.

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