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Interpretation

In the Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:

"Account" the User's account with Payzone;

"Account Application Form (Registration Page)" the online or phone application which must be completed prior to opening an Account;

"Agreement" the agreement between the User and Payzone for the maintenance of an Account and on the terms and conditions set out herein, together with the Account Application Form (Registration Page) which may be published by Payzone from time to time;

"Method of Payment" a payment made by credit card or debit card;

“Receipt” means an email or SMS confirmation issued as evidence of a valid Transaction;

“Service Provider” the provider to which the Transaction is being made to;

"SMS" means a communication service, using standardised communications protocols allowing the interchange of short text messages between mobile telephone devices;

"Statement" the Account statement for the previous 2 months (or such other period as Payzone may from time to time decide) showing amounts received from the User, the amount of Transactions, and such other information as Payzone may deem appropriate from time to time;

“Transaction” means the submission of a payment online or via SMS by a User and the consequential issue of a Receipt to the User;

“User” the person issued with an Account by Payzone

References to Payzone mean Payzone Group Ltd and/or any of its subsidiaries and include their assignees and references to Payzone include Payzone Ireland Limited. References to statutes or statutory provisions or regulations include references to any orders or regulations made thereunder and references to any statute, statutory provision, orders or regulations made thereunder include that statute, statutory provision, order or regulation as amended, modified, re-enacted or replaced from time to time. References to persons shall include bodies corporate and unincorporated, associations, partnerships and individuals. References to the masculine gender shall, unless the context otherwise requires, include the feminine gender and vice-versa.

References to cent, euro or EUR shall mean the lawful currency for the time being of Ireland. Headings to clauses are for information only and shall not form part of the operative provisions of this Agreement and shall be ignored in construing it.

1. Collection of Charges

1.1 Upon application to Payzone for an Account, the User will complete an Account Application Form (Registration Page) and will:

• (a) indicate his/her proposed Method of Payment;
• (b) provide requested details relevant to his/her proposed Method of Payment.

1.2 Payzone shall be entitled to deduct sums and charges due to it pursuant to the terms hereof. The charges which Payzone may deduct under this clause shall (without prejudice to the generality of the foregoing) include such charges as Payzone may notify from time to time in connection with misuse or the issue of additional statements or reports to the User.

1.3 Payzone may make available on its website or on Service Provider’s websites for viewing by the User an on-line transaction statement detailing each individual transaction on the Account for the previous 30 days or such other period as Payzone may from time to time determine.

On request, Payzone may also provide such transaction statement to the User by ordinary post at a charge as may be notified by Payzone in accordance with this Agreement.

2. Termination

2.1 The Agreement may be terminated at any time by notice from:

• (a) Payzone to the User, if the User goes bankrupt or is otherwise unable to pay his/her debts as they fall due or, as appropriate, an encumbrancer lawfully takes possession (and does not relinquish possession within 30 days) or an examiner or receiver or liquidator is validly appointed in respect of the assets of the User or an examinership order is made in respect of the User or an order or an effective resolution is passed for the winding-up of the User;
• (b) Either party to the other of at least one week.

2.2 Any termination of the Agreement pursuant to this clause shall be without prejudice to any other rights or remedies accrued to the parties.

3. Communication

3.1 Where either party is required to notify the other according to the Agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of Payzone by posting by recorded delivery post to Payzone Customer Care, Payzone Ireland, Heather Road, Sandyford Industrial Estate, Dublin 18 or, in the case of the User by posting by recorded delivery post or email (where an email address has been provided by the User) to the address last notified to Payzone.

3.2 Any notice or other communication so served shall be deemed duly served forty-eight hours after posting or upon delivery or at the time of transmission or sending depending upon whether it is sent by post or by email respectively.

3.3 If notification is by telephone or in person it will only be effective if confirmed by notice served in accordance with this Clause 3 within 7 days.

3.4 Payzone may also notify Users of changes to this Agreement by publishing a notice of such changes on www.payzone.ie or on Service Providers websites provided however that such changes shall not come into effect until at least 10 days after such publication.

4. Changes to Terms and Conditions

The terms and conditions of the Agreement may be changed by Payzone at any time and any such changes will be notified (in accordance with Clause 10.4) to the User prior to coming into effect.

5. Assignment

Payzone shall be, but the User shall not be, entitled to assign transfer, charge the rights, benefits and burdens hereunder.

6. Data Protection

The Registration Page includes a data protection notice (or in the case of an online application, a Privacy Policy). Unless you have provided your consent on the Registration Page and with the exception of any disclosure made by Payzone to any Payzone Group Ltd subsidiaries and subject as hereinafter mentioned, Payzone shall not be entitled to disclose any information concerning the User to any person other than to any person that assumes Payzone duties, rights and liabilities, hereunder.

Any information given by the User in relation to any loss, theft or misuse may be passed on to the Garda together with any other information Payzone considers relevant to the operation of a Parking Scheme.

7. Waiver

7.1 There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party.

7.2 No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof of any other right, power or privilege.

7.3 The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.

8. Entire Terms and Conditions

The terms and conditions set out herein (together with the Account Application Form (Registration Page) which may be published by Payzone from time to time) constitute all the terms and conditions of the Agreement. The User acknowledges that he/she has not relied upon any representation save for any set out in these documents.

9. Governing Law

The interpretation of the Agreement shall be governed by Irish Law and the User irrevocably submits to the exclusive jurisdiction of the Irish courts.

10. SMS Services

10.1 Standard network charges apply for SMS. Payzone may apply an additional SMS service fee. Any additional SMS service fee will be notified to Users by publishing a notice regarding same on www.payzone.ie or the Service Providers websites and any additional fees shall not come into effect until at least 10 days after such publication.

10.2 SMS Receipts: If the text message cannot be delivered to the recipient’s phone, it is queued by the cellular service for later retry. When it is retried, how often, and for how long, all depend on the cellular service i.e. your mobile network. So, even if the recipient loses signal only for a few seconds, that could cause a text message to be undeliverable and queued, and not delivered until some unspecified time in the future.

10.3 Text messages are not always guaranteed to be delivered: Text messaging is a “store and forward” technology that depends on various cellular carriers and their networks. As such, individual messages are not guaranteed to arrive at their destinations and can also be delayed.

11. Force Majeure

If the use of the Payzone Account is prevented or hindered by any matter beyond the control of Payzone including but not limited to acts of God, acts of government, strikes, lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, flooding, drought, riots, civil commotions, acts of war, malicious mischief or theft then the performance of the Agreement shall be suspended without any liability on the part of Payzone until such prevention or hindrance comes to an end.