{"id":226791,"date":"2021-07-28T09:35:54","date_gmt":"2021-07-28T08:35:54","guid":{"rendered":"https:\/\/eflow2021.wpengine.com\/?page_id=226791"},"modified":"2024-03-13T12:34:00","modified_gmt":"2024-03-13T12:34:00","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/eflow2021.wpengine.com\/terms-and-conditions","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"
[et_pb_section fb_built=”1″ fullwidth=”on” disabled_on=”off|off|off” admin_label=”Grey Header” module_id=”header-home-section” module_class=”gray-header” _builder_version=”4.7.6″ background_image=”https:\/\/eflow2021.wpengine.com\/wp-content\/uploads\/2021\/03\/grey-header.png” background_size=”initial” custom_padding=”0px||||false|false” global_module=”225830″ saved_tabs=”all” collapsed=”off” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_fullwidth_header title=”@ET-DC@eyJkeW5hbWljIjp0cnVlLCJjb250ZW50IjoicG9zdF90aXRsZSIsInNldHRpbmdzIjp7ImJlZm9yZSI6IiIsImFmdGVyIjoiIn19@” header_fullscreen=”on” button_one_url=”\/about\/” admin_label=”Page Name” module_id=”fullwidth-hero” module_class=”kb-zoomout” _builder_version=”4.16″ _dynamic_attributes=”title” title_font_size=”70px” background_enable_color=”off” background_enable_image=”off” min_height=”400px” custom_margin=”||||false|false” background_last_edited=”on|desktop” global_colors_info=”{}” theme_builder_area=”post_content”][\/et_pb_fullwidth_header][et_pb_fullwidth_code module_class=”you-first-gray-image” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”][\/et_pb_fullwidth_code][\/et_pb_section][et_pb_section fb_built=”1″ admin_label=”Introduction” module_class=”title-subtitle-section first tc-content” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row module_class=”title-subtitle-row with-bottom-border” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ module_class=”title-subtitle-column” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_text admin_label=”Title” module_class=”title-subtitle-title” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]Introduction[\/et_pb_text][et_pb_text admin_label=”Terms and Conditions” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]A. Terms and Conditions[\/et_pb_text][et_pb_text admin_label=”Text” module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n
These terms and conditions, together with the Account Application Form, set out the agreement (\u2018the Agreement\u2019) between you (\u2018you\u2019 or \u2018the Customer\u2019) and Transport Infrastructure Ireland (for these purposes, \u2018eFlow\u2019 or \u2018us\u2019)) in relation to the opening and operation of an account with eFlow and, if applicable, the related supply and use of an electronic tag (hereafter referred to as the \u2018Tag\u2019) on the M50 Toll Road and other Toll Roads in the Republic of Ireland. [\/et_pb_text][et_pb_text admin_label=”Opening an Account” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]B. Opening an Account[\/et_pb_text][et_pb_text module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n B.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Roman List Style” module_class=”black-text roman-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”B2″ module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n The information to be included in the Account Application Form shall include:<\/span><\/p>\n B.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style” module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n You also acknowledge that you will be responsible for the payment of Tolls and any service charges (as set out in the Toll Bye-laws) in respect of any Registered Vehicle, including in circumstances where you are not the registered owner of such Registered Vehicle.<\/p>\n [\/et_pb_text][et_pb_text module_class=”black-text letter-list no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n B.3<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style B4 and B5″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n B.4<\/strong><\/p>\n eFlow reserves the right to refuse any application to open an Account or enter into this Agreement.<\/p>\n B.5<\/strong><\/p>\n If you wish to have a copy of this Agreement in a larger print, this can be made available to <\/span>\u00a0you on request. <\/span><\/p>\n [\/et_pb_text][et_pb_text admin_label=”Definitions” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]1. Definitions[\/et_pb_text][et_pb_text admin_label=”1.1″ module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 1.1<\/strong> “Account”<\/strong> means your personal, business or Visitor\/Tourist Account with eFlow. 1.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style” module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”ACCEPTANCE OF THIS AGREEMENT” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]2 Acceptance of this agreement[\/et_pb_text][et_pb_text admin_label=”2.1, 2.2″ module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 2.1<\/strong> 2.2<\/strong><\/p>\n [\/et_pb_text][et_pb_text admin_label=”Letters List Style 2.2, 2.3, 2.4″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 2.3<\/strong><\/p>\n 2.4<\/strong><\/p>\n You should note that, this Agreement does not take effect, in the case of Prepay Accounts, unless and until eFlow has received in respect of your Account, the Account Start-up Balance and until eFlow has received such Account Start-up Balance, the Registered Vehicles shall be treated as Unregistered Vehicles.<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Vehicles – Recording Method” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]3 Vehicles – Recording Method[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n eFlow offers two different methods of recording the passage of the Registered Vehicles on the M50 Toll Road, namely: Tag Tolling and Video Tolling. [\/et_pb_text][et_pb_text admin_label=”Tolls” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]4 Tolls[\/et_pb_text][et_pb_text admin_label=”4.1 – 4.4″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 4.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Tags and Tag Tolling” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]5 Tags and Tag Tolling[\/et_pb_text][et_pb_text admin_label=”5.1 – 5.3″ module_class=”black-text letter-list no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 5.1<\/strong> 5.2<\/strong> 5.3<\/strong> [\/et_pb_text][et_pb_text admin_label=”Roman List Style 5.4, 5.5″ module_class=”black-text roman-list no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 5.4<\/strong> 5.5<\/strong> [\/et_pb_text][et_pb_text admin_label=”5.5, 5.6″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n at which point, you will be liable to pay Tolls as if the Registered Vehicle is an Unregistered Vehicle. A vehicle which has ceased to be treated as a Registered Vehicle continues to be treated as if the Registered Vehicle is an Unregistered Vehicle until all Tolls, service charges, fines and penalties under these terms and conditions, the Toll Bye-Laws and the Roads Acts have been paid in full.<\/p>\n 5.6<\/strong> [\/et_pb_text][et_pb_text admin_label=”6 Low Emissions Vehicle Toll Incentive Tag Tolling” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]6 Low Emissions Vehicle Toll Incentive Tag Tolling[\/et_pb_text][et_pb_text admin_label=”6.1 -6.9″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 6.1<\/strong> 6.2<\/strong> 6.3<\/strong> 6.4<\/strong> 6.5<\/strong> 6.6<\/strong> 6.7<\/strong> 6.8<\/strong> 6.9<\/strong> [\/et_pb_text][et_pb_text admin_label=”Payment of Tolls and Charges” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]7 Payment of Tolls and Charges[\/et_pb_text][et_pb_text admin_label=”7.1″ module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 7.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style 7.1 – 7.7″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n The charges for which you shall be liable shall (without prejudice to the generality of the foregoing) include such charges as eFlow may notify from time to time in connection with Misuse or the misuse of a Toll Road.<\/p>\n 7.2<\/strong> 7.3<\/strong> 7.4<\/strong> 7.5<\/strong> 7.6<\/strong> you shall notify eFlow within twenty-four (24) hours of such cancellation, alteration or intention and shall discharge forthwith all amounts due to eFlow.<\/p>\n 7.7<\/strong> [\/et_pb_text][et_pb_text admin_label=”Pre Pay Account” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]8 Pre Pay Account[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n When you have chosen a Pre pay Account:<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Letters List Style 8″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Post Pay Account” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]9 Post Pay Account[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n Where you have chosen a Post pay Account;<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Letters List Style 9″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”10 Visitor\/Tourist Account” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]10 Visitor\/Tourist Account[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n Where you have chosen a Visitor\/Tourist Account:<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Letters List Style 10″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Account Fees and Charges” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]11 Fees and Charges[\/et_pb_text][et_pb_text admin_label=”11.1 – 11.3″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 11.1<\/strong> 11.2<\/strong> 11.3<\/strong> [\/et_pb_text][et_pb_text admin_label=”Dispute of Charges” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]12 Dispute of Charges[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 12.1<\/strong> 12.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”13 Account Statements and Account Invoices” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]13 Account Statements and Account Invoices[\/et_pb_text][et_pb_text admin_label=”13.1 – 13.4″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 13.1<\/strong> 13.2<\/strong> 13.3<\/strong> 13.4<\/strong> [\/et_pb_text][et_pb_text admin_label=”14 Supply and Use of a Tag” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]14 Supply and Use of a Tag[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 14.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style 14.2 14.3″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n Without prejudice to the generality of the foregoing, you shall not attempt to use the Tag by holding it in your hand or leaving it on the dashboard or in another non-mounted position in the Registered Vehicle or any other vehicle and any such conduct constitutes Misuse for the purposes of this Agreement. <\/p>\n 14.2<\/strong> 14.3<\/strong> [\/et_pb_text][et_pb_text admin_label=”Damaged \/ Lost \/ Stolen Tags” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]15 Damaged \/ Lost \/ Stolen Tags[\/et_pb_text][et_pb_text admin_label=”15.1 – 15.4″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 15.1<\/strong> 15.2<\/strong> 15.3<\/strong> 15.4<\/strong> [\/et_pb_text][et_pb_text admin_label=”Return of Tag” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]16 Return of Tag[\/et_pb_text][et_pb_text module_class=”black-text no-margin-bottom” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 16.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style” module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 16.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Cancellation of Agreement” module_class=”bold subtitle c-navy” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]17 Cancellation of Agreement[\/et_pb_text][et_pb_text admin_label=”17.1, 17.2″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 17.1<\/strong> 17.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Termination” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]18 Termination[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 18.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style” module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”18.2″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 18.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Letters List Style 18.2″ module_class=”black-text letter-list” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n [\/et_pb_text][et_pb_text admin_label=”Consequences of Termination” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]19 Consequences of Termination[\/et_pb_text][et_pb_text module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 19.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Amendments to Agreement” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]20 Amendments to Agreement[\/et_pb_text][et_pb_text admin_label=”20.1, 20.2″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 20.1<\/strong> 20.2<\/strong> [\/et_pb_text][et_pb_text admin_label=”Data Protection” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]21 Data Protection[\/et_pb_text][et_pb_text admin_label=”21.1″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n 21.1<\/strong> [\/et_pb_text][et_pb_text admin_label=”Intellectual Property” module_class=”bold subtitle c-navy” _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]22 Intellectual Property[\/et_pb_text][et_pb_text admin_label=”22″ module_class=”black-text” _builder_version=”4.21.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”post_content”]<\/p>\n
eFlow may alter, amend, or otherwise change the terms and conditions of the Agreement at any time by providing written notice to you, either by post, email or, where you avail of the M50 Toll Pay App, by push notification on such App of such terms and conditions.
Alterations, amendments, or other changes will also be posted online at www.eflow.ie<\/a>
You are responsible for maintaining up-to-date customer information in accordance with clause 4.4 below, including your address, contact information, vehicle information and registration details, and payment information. You should make updates when your information changes, for example, upon sale of a previously registered vehicle or when you change address. You should make changes to the customer information online by logging into your online account on www.eflow.ie<\/a>
For the avoidance of doubt, you are also responsible for providing up to date customer information to the National Vehicle and Driver File (NVDF) which is maintained and supported by the Driver and Vehicle Computer Services Division of the Department of Transport, or your local vehicle licensing agency, e.g. where there is a change of ownership of a vehicle.<\/p>\n
To open an Account, you shall have:<\/span><\/p>\n\n
\n
You may register (i) a vehicle which you own and\/or (ii) a vehicle which is owned by a third party (e.g. a family member) as a Registered Vehicle.
In circumstances where you register a third party vehicle as a Registered Vehicle, you hereby warrant to eFlow that:<\/p>\n\n
Before this Agreement takes effect and an Account is opened by eFlow:<\/p>\n\n
In this Agreement the following words and expressions shall have the following meanings unless the context otherwise requires: \u200b<\/p>\n
“Account Application Form”<\/strong> means the application form to be completed by you or the Service Centre Agent in the case of a Customer who makes an application through the Customer Service Centre, to open an Account.
“Account Balance”<\/strong> means, at any time, the amount recorded by which an Account may be in credit or in debit.
“Account Invoice”<\/strong> means an invoice issued to Customers with Postpay Accounts, setting out the transactions recorded during the stated period for which the Customer is liable to pay (including any Tolls, Payments or Fees incurred by the Customer during the stated period).
“Account Start-up Balance”<\/strong> means, in relation to a Prepay Account, the minimum balance required to open an Account.
“Account Statement”<\/strong> means a statement of account issued to a Customer from time to time, setting out the transactions recorded during the stated period (including, any Tolls, Payments or Fees incurred by the Customer during the stated period).
\u201cAccount Suspension\u201d<\/strong> means your Account has been suspended under this Agreement and any Registered Vehicles associated with your Account will be treated as Unregistered Vehicles.
“Agreement”<\/strong> means these terms and conditions, together with the Account Application Form, as may be amended and supplemented from time to time.
“Charge Period”<\/strong> means, in the case of the first period, the period commencing on (and including) the day the Account is created and ending on the expiry of the calendar month and in respect of each subsequent Charge Period, a period of one (1) month commencing on the expiry of the previous Charge Period.
“Customer”<\/strong> means you, the person who is opening an Account with eFlow.
“Customer Service Centre”<\/strong> means the dedicated eFlow contact centre established to manage, resolve, and respond to Customer queries.
“ETC”<\/strong> means electronic toll collection.
“Fees”<\/strong> means any fees payable under this Agreement including, to the extent applicable in each case, the Tag Fee, the Late Payment Charges and any additional account statement charge.
“Interoperability”<\/strong> means that a Customer, with a Tag installed in line with the tag installation guidelines provided by their tag issuer (as approved by eFlow), will be able to effect the discharge of a Toll by means of ETC on any Toll Road other than the M50 Toll Road, which is part of the national interoperability scheme and “interoperable” shall be interpreted accordingly.
“Late Payment Charges”<\/strong> means such amount as eFlow may specify from time to time as the additional amount payable by you if eFlow fails to receive a payment as required under the Agreement.
“M50 Toll Road”<\/strong> means that part of the N50 national road (otherwise known as the M50) that is a Toll Road.
“Minimum Balance”<\/strong> means the minimum balance which is required to be maintained in a Prepay Account, being twelve euro (\u20ac12.00) or such other amount as eFlow may specify from time to time;
“Minimum Prepay Amount”<\/strong> means the minimum amount to be credited to the Prepay Account each time the Minimum Balance is reached, being thirty euro (\u20ac30.00) or such other amount as eFlow may specify from time to time.
“Misuse”<\/strong> means the Customer\u2019s failure to act in accordance with the provisions of any of this Agreement, the Toll Byelaws and\/or the Roads Acts 1993 \u2013 2015, including such other acts or omissions that eFlow may specify and notify to Customers from time to time.
“Payment Account”<\/strong> means your account maintained with a credit institution or an account related to a credit card or debit card (in each case, being an account in respect of which instructions may be given authorising debits being made from it) or such other account as may be approved by eFlow, and which you have authorised or are authorising eFlow to effect debits from such account in accordance with the Agreement.
“Payment Date”<\/strong> means, in relation to any Charge Period, the business day next following the expiry of such Charge Period (or any other date which may be agreed between eFlow and the Customer).
“Payment Method”<\/strong> means a method of payment which is acceptable to eFlow, being credit card, debit card, or by direct debit (SEPA Single Euro Payments Area only) from the Customer\u2019s payment account, digital wallet or such other payment method as eFlow may from time to time approve.
“Post pay Account”<\/strong> means the type of account maintained by you with eFlow whereby an amount equal to the amount due in respect of Tolls and such other amounts as may be due in accordance with this Agreement incurred during a Charge Period (the “outstanding amount”) and recorded in such account are discharged by the debiting from time to time of the then outstanding amount from your Payment Account.
“Pre pay Account”<\/strong> means the type of account maintained by you with eFlow whereby amounts are paid in advance to be credited to such account, with amounts due in respect of Tolls and such other amounts as may be due in accordance with this Agreement being subsequently deducted, and with the facility for the debiting from time to time of further amounts from your Payment Account (or otherwise paid in such manner as may be approved by eFlow) and credited to this account.
“Registered Vehicles”<\/strong> means the vehicle or vehicles registered by you in connection with the Agreement.
“Rejected Payment”<\/strong> means any payment in respect of which eFlow has not been credited with the amount of such payment.
“Service Centre Agent”<\/strong> means an employee of the Customer Service Centre who is authorised to deal with Customer queries.
“Tag”<\/strong> means the electronic device supplied by eFlow or other tag issuer to you for installation in the Registered Vehicles, in line with the tag installation guide provided by eFlow or other tag issuer, to facilitate the electronic collection of Tolls under the terms of this Agreement in respect of the use of the M50 Toll Road or other interoperable Toll Roads by the Registered Vehicles.
“Tag Fee”<\/strong> means, at any time, the amount payable by a Customer in connection with the provision of a tag and related services at such time for each Charge Period or part of a Charge Period in accordance with this Agreement (currently \u20ac1.00 plus VAT per Tag issued to you), as may be adjusted from time to time by eFlow, after giving prior notice of such adjustment to the Customer.
\u201cTag Tolling\u201d<\/strong> means the tolling option in respect of which a Tag has been issued for installation in the Registered Vehicles, which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Bye-Laws.
“Toll”<\/strong> means any Toll (including, default Toll) payable by the Customer for the use of a Toll Road which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Byelaws.
“Toll Bye-Laws”<\/strong> means, at any time, the bye-laws applicable to the M50 Toll Road made pursuant to the Roads Acts 1993 \u2013 2015 (as amended).
“Toll Collection System”<\/strong> means the system designed and maintained to facilitate the collection of Tolls electronically on behalf of eFlow.
\u201cToll Evader\u201d<\/strong> means a Customer who has an outstanding balance on his or her Account in circumstances where the Account of the Customer is subject to an Account Suspension under this Agreement;
\u201cToll Road\u201d<\/strong> means any road (or section of road) in respect of the use of which a Toll is payable in accordance with the Roads Acts 1993-2015.
\u201cUnregistered Vehicles\u201d<\/strong> means any vehicle that is not registered with eFlow or with another tag service provider approved by eFlow.
\u201cVideo Tolling\u201d<\/strong> means the M50 Video tolling option associated to your vehicle. Video tolling is only available on the M50 and is charged at the video rate which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable Toll Byelaws.
\u201cVisitor\/Tourist Account\u201d<\/strong> means a temporary Video Tolling account, best suited for Customers that will use the M50 Toll Road for a limited and specified period of time.<\/p>\n
In this Agreement:<\/p>\n\n
In circumstances where you apply for an Account online (www.eflow.ie<\/a>), you will be asked to read these terms and conditions and then click the \u201cAccept\u201d button, if you wish to proceed. By clicking the \u201cAccept\u201d button, you will have, and be deemed to have, entered, and accepted this Agreement.<\/p>\n\n
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All vehicles that use the M50 Toll Road are photographed\/ video recorded. These photographs\/ images are retained for the purpose of enforcement and to address and resolve any disputes that may arise in relation to a vehicle or an account.<\/p>\n
Without affecting any legal obligation imposed on you by applicable law, you are liable to pay to eFlow each Toll that may be incurred by Registered Vehicles pursuant to applicable law (including in circumstances where you are not the registered owner of such Registered Vehicle) and such amounts shall be discharged in accordance with this Agreement.
4.2<\/strong>
The Tolls applicable to any Toll Road (including the M50 Toll Road) may be adjusted from time to time in accordance with applicable law.
4.3<\/strong>
eFlow may unilaterally alter the class of vehicle to which Tag Tolling or Video Tolling relates, and you shall pay the appropriate Toll applicable to this new classification, if you are using the Tag Tolling or Video Tolling option for a class of vehicle which is not consistent with the class of vehicle of the Registered Vehicles and to which the Tag or Video transaction relates.
4.4<\/strong>
You agree to notify eFlow of (i) any change of Registered Vehicle or (ii) any change of name or address or registered office or (iii) any circumstances where the Registered Vehicle should no longer be on your Account, in each case within ninety (90) days of the occurrence of the change. Failure to notify eFlow of any changes may result in continued liability for Tolls, additional service charges, fines, or penalties as set out in the Toll Bye-laws.<\/p>\n
A Tag may only be used for the Registered Vehicle (and related Account) for which it is issued by eFlow.<\/p>\n
In accordance with section 14 of this Agreement, it is your responsibility to ensure that Tag (s) are affixed by you to the Registered Vehicle(s) for which it has been registered in accordance with the Tag mounting instructions provided by eFlow such that:<\/p>\n\n
Where a Toll Road is an interoperable Toll Road and the Registered Vehicle has a Tag installed in it in accordance with this Agreement, you may be able to effect the discharge of the Toll payable in relation to the use of such toll road by such Registered Vehicle:<\/p>\n\n
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In the case of Tag Tolling, where the passage of the Registered Vehicle on the Toll Road is not recorded using the Tag due to incorrect installation and an image of the Registered Vehicle\u2019s license plate is recorded, eFlow shall be entitled to charge a Toll in respect of such use as if the vehicle is subject to a Video Tolling rate, not a Tag Tolling Rate.<\/p>\n
Where a Rejected Payment occurs, your Tag shall no longer work on any Toll Road. Your vehicle shall continue to be treated as a Registered Vehicle on the M50 until:<\/p>\n\n
Where your Account has been suspended, your Tag(s) shall no longer work on any Toll Road and you will be liable to pay Tolls as if the Registered Vehicle is an Unregistered Vehicle. A vehicle which has ceased to be treated as a Registered Vehicle continues to be treated as if the Registered Vehicle is an Unregistered Vehicle until all Tolls, service charges, fines and penalties under these terms and conditions, the Toll Bye-Laws and the Roads Acts have been paid in full.<\/p>\n
Low emission vehicle owners qualify for refunds on Irish Toll Roads. The Low Emissions Vehicle Toll Incentive Scheme (the \u201cScheme\u201d) is open to the registered owners of certain low emission vehicles set out in the Scheme rules (see clause 6.3) (i.e. an \u201cEligible Vehicle\u201d) which are registered on the Department of Transport\u2019s National Vehicle and Driver File (NVDF).<\/p>\n
The registered owner of an Eligible Vehicle may be required to submit evidence of the vehicle\u2019s eligibility when seeking to apply for the scheme.<\/p>\n
Under the Scheme account holders will receive refunds in accordance with the published Scheme rules set out on www.etoll.ie<\/p>\n
The Scheme Rules set out the overall limitations contemplated by the Scheme, including the fact that the Scheme is subject to review by the Minister for Transport Tourism and Sports who may vary certain aspects of the Scheme from time to time, including in relation to the Annual Maximum Eligible ETC Limit.<\/p>\n
Customers should note that the Scheme Rules specify that an Annual Maximum Eligible ETC Limit is to be applied per Eligible Vehicle regardless of which Tag Service Provider you have an account with.<\/p>\n
Refunds will be credited to the Account associated with the Eligible Vehicle Tag where there is a valid tag transaction made by the Eligible Vehicle. The Scheme is only available to vehicles that have a Tag.<\/p>\n
Refunds will be credited to the Account associated with the Eligible Vehicle Tag one month in arrears.<\/p>\n
In connection with the Scheme, we will process your transactional data, including your personal data, for the purposes of: (i) crediting any refunds to your account; (ii) invoicing Transport Infrastructure Ireland with respect to the cost and payment of the refunds; (iii) reporting on the Scheme to TII and the Department of Transport; and (iv) monitoring compliance with the Scheme Rules.<\/p>\n
The Scheme will be in place for the period of time which is detailed in the scheme rules, a link to which is set out in section 6.3, and the level of refunds may vary on foot of Ministerial direction and in accordance with affordability limits of the overall Scheme for the Exchequer.<\/p>\n
You shall pay to eFlow all amounts that are due to it in accordance with this Agreement, including, without limitation, all amounts due:<\/p>\n\n
Where a Rejected Payment occurs, the Customer shall ensure that eFlow receives the outstanding amount (together with any charges arising from the Rejected Payment) as soon as possible but in any event within fourteen (14) days of the Rejected Payment. At the end of this period, you will be subject to an Account Suspension.<\/p>\n
You accept responsibility to notify eFlow of any changes with respect to your payment details (including, without limitation, your payment account) as set out in the Account Application Form.<\/p>\n
While eFlow makes every effort to ensure charges are accurately recorded, you accept that miscalculations in Account balances may occur. In such cases, eFlow maintains the right to adjust, without notice, where evidence can be provided that the adjustment is appropriate. Such adjustments will be presented in detail or summary on the applicable Account Statement and Account Invoice.<\/p>\n
You are not entitled to interest on any sums received by eFlow pursuant to the terms of this Agreement.<\/p>\n
If you:<\/p>\n\n
Direct Debit Payments are available from SEPA (Single Euro Payments Area) bank accounts. SEPA is an EU initiative designed to change the way electronic payments are processed in the EU. This means that making a payment in any SEPA zone country will be no different to making a payment in Ireland.<\/p>\n\n
i. your Tag shall no longer work on any Toll Road; and
ii. your vehicle shall continue to be treated as a Registered Vehicle on the M50 until the balance on your account is less than one applicable Toll, at which point your vehicle will be treated as an Unregistered Vehicle.<\/li>\n\n
i. your Tag shall no longer work on any Toll Road; and
ii. your vehicle shall continue to be treated as a Registered Vehicle on the M50 for a period of fourteen (14) days from the date of the Rejected Payment, at which point if payment has not been received your Account shall be suspended and you shall constitute a Toll Evader.<\/li>\n<\/ul>\n\n
You shall be responsible for paying the applicable Fees monthly. Such Fees will be debited to your Account for each Charge Period.<\/p>\n
The Tag Fee payable for each Tag issued in connection with a vehicle assigned to Tag Tolling is payable for every month or part there of where the Customer has a valid Tag. Such amount may be varied with prior notification to the Customer.<\/p>\n
Fees do not apply to vehicles that have chosen Video Tolling on a vehicle.<\/p>\n
eFlow must be notified of any disputes of charges appearing on your Account within ninety (90) days of the charge being posted. All disputes are subject to review and approval by eFlow and may require additional documentation or evidence from you. For the purpose of resolving disputes, eFlow retains photographic images of all transactions on the M50 Toll Road for a limited period. <\/p>\n
In the case where eFlow has incorrectly posted a charge to your Account and\/or charged you incorrectly, eFlow will refund the amount incorrectly charged to your Account.<\/p>\n
eFlow shall provide, in accordance with the Account Application Form, (i) a monthly Account Statement notified by email and made available online, or (ii) a monthly Account Statement by post.
However, please note that Account Statements will not be sent where the opening and closing balance on an account is zero and where there has been no transaction history for the stated period. These statements will, however, be available online. <\/p>\n
You may request additional Account Statements to be issued to you by email or by post and, on so providing such additional Account Statement, eFlow shall be entitled to levy an additional account statement charge in respect of such additional Account Statement. <\/p>\n
eFlow shall provide Account Invoices to Postpay Customers. Such Account Invoices shall identify the applicable Tolls and any other charges for which the Customer is liable and the Toll Roads to which the Tolls relate. <\/p>\n
Any Account Statement or Account Invoice shall identify the relevant Toll Roads, the applicable Tolls, any other charges payable, and all payments received or rejected within the period stated.<\/p>\n
Once you have provisionally registered for Tag Tolling (i.e., subject to acceptance of this Agreement in accordance with clause 2), eFlow shall provide you with the Tag (or Tags) and you shall: <\/p>\n\n
If you do not properly install the Tag(s) in the Registered Vehicle(s), you may be charged at the Toll rate for Unregistered Vehicles or Video Tolling Rate in respect of the M50 Toll Road. You will be liable for any unpaid Tolls and applicable penalties in accordance with applicable law as a result of failing to mount the Tag correctly. <\/p>\n
The Tag shall remain the property of eFlow at all times and you shall not do anything or permit anything to be done which may constitute a Misuse of the Tag.<\/p>\n
In the event that a Tag is damaged, lost or stolen, it is your responsibility to notify eFlow through the website, via webchat, by post or by telephone by calling the Customer Service Centre. You shall continue to be liable for any use made of the Tag until eFlow has been notified of the Tag being damaged, lost or stolen and the Tag has been cancelled by eFlow. <\/p>\n
For the purposes of this Agreement, damage to the Tag means any circumstances where the Tag is rendered defective or inoperable due to tampering, abuse, improper use, battery leaks, defacement, or accidental destruction. <\/p>\n
Following notification to eFlow in accordance with clause 15.1 above, eFlow shall cancel or otherwise disable the Tag and no further use may be made of the Tag. <\/p>\n
In the event that you lose or damage a Tag, you shall not be entitled to a replacement Tag free of charge but may re-apply for a new Tag at the cost of \u20ac20.00 plus VAT or such other cost as applicable at that time.<\/p>\n
You agree to return the Tag to eFlow:<\/p>\n\n
Where you fail to return a Tag in accordance with this Agreement, within fourteen (14) days of being obliged to do so, eFlow may impose a charge of \u20ac20.00 plus VAT or such other cost as applicable at that time, on you, such charge to be debited from your Account. <\/p>\n
You may cancel this Agreement within fourteen (14) days of the Agreement in accordance with clause 2.
Where the right of cancellation applies and is exercised by you in respect of a Tag Tolling option, you will immediately return the Tag to eFlow within fourteen (14) days of receipt whereupon eFlow will reimburse you any Tag Fee or any Account Start-up Balance paid by you. <\/p>\n
Where the Tag has been used within the fourteen (14) day period, you shall not be entitled to exercise the right to cancel the Agreement.<\/p>\n
This Agreement may be terminated by eFlow with immediate effect:<\/p>\n\n
Without prejudice to your right to cancel this Agreement in accordance with section 17 above, this Agreement may be terminated by either party by giving fourteen (14) days\u2019 notice to the other party provided that, upon giving such notice: <\/p>\n\n
Following termination, you will remain responsible for the payment of any amounts owing by you under this Agreement and such outstanding amounts will be debited from your Account. If required, instructions may be given by eFlow to debit your payment account with any balance outstanding to eFlow on or after termination.
Any remaining credit balance shall be refunded to you by agreement to your chosen payment method when all outstanding toll payments or balances have been paid.
19.2<\/strong>
If there are insufficient funds in your Account, you remain liable for all such amounts. If such unpaid charges are not promptly paid to eFlow, you may become liable for additional service charges, fines, or penalties as set out in the Toll Bye-laws, Late Payment Charges or as may be notified to you from time to time.<\/p>\n
The terms and conditions of this Agreement may be changed by eFlow at any time and any such changes will be notified to you prior to coming into effect. You will be deemed to have accepted any such changes within fourteen (14) days of the notification or when you have a toll transaction on the M50 after the date of notification, whichever is the earlier. <\/p>\n
If you do not accept the terms and conditions of this Agreement, or any future alterations, amendments or other changes to the terms and conditions of this Agreement by eFlow, you shall notify the eFlow Customer Service Centre within fourteen (14) days of issue of those details by eFlow and this Agreement shall be terminated, and any Tags should be returned in accordance with clause 16 above.<\/p>\n
For information on the processing of your personal data including our use of Cookies, please see the eFlow Privacy and Cookies Statement (which primarily relates to the personal data which is collected and processed when you visit the eflow website) and the eFlow Data Protection Notice (which primarily relates to the personal data which is collected and processed when you avail of the eflow barrier-free tolling system), both of which are available at www.eflow.ie<\/a> \u200b<\/p>\n