eFlow: My Tolls App Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS (TOGETHER WITH THE DOCUMENTS TO WHICH THEY REFER) SET OUT THE BASIS UPON WHICH YOU ARE ENTITLED TO DOWNLOAD, INSTALL AND USE THE EFLOW: MYTOLLS APP (THE “APP”).

BY DOWNLOADING, INSTALLING OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD CEASE USING THE APP AND UNINSTALL IT FROM YOUR DEVICE IMMEDIATELY.

1.1 The following additional terms and notices also apply to your use of the App, in addition to these Terms of Use:

• Our eFlow: My Tolls App Privacy Notice and eFlow: My Tolls App Cookies Policy which sets out (i) details on the personal data which we collect from you or that you provide to us in connection with your use of the App; and (ii) information about the cookies on the App.
• If you register a full registered account with eFlow to facilitate the payment of tolls at the reduced registered customer rate, the eFlow (Registered Customer) Account Terms and Conditions will govern the opening and operation of that account.
• If you create a Quick Access Profile on the App, the Quick Access Profile Terms & Conditions will govern the operation of that profile. 

1.2 Information in relation to the processing of your personal data when you use the M50 Toll Road (and the M50 Barrier-Free Tolling System) is separately available at eFlow Data Protection Notice.

2.1 Transport Infrastructure Ireland (“TII”) is the operational name of the National Roads Authority (“NRA”) following the dissolution of the Railway Procurement Agency and the transfer of its functions to the NRA in accordance with the Roads Act 2015.   TII’s main address is Parkgate Business Centre, Parkgate Street, Dublin 8, D08, DK10.

2.2 TII has appointed Turas Mobility Services Ireland Limited (“Turas”) to provide services in relation to the operation of the M50 Barrier-Free Tolling System and eFlow, including the operation of the App.

2.3 References to “we”, “us” or “our” in these Terms of Use refer to TII, or Turas operating on TII’s behalf. 

3.1 Using the App for the purposes of browsing and availing of services offered on the App (such as paying a Toll, operating/managing a registered eFlow Account or a Quick Access Profile) is permitted.  Any other use of the content and software on the App, including the reproduction, modification, distribution, transmission, republication or display of the content on the App without our express permission, is strictly prohibited.

3.2 The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us.

3.3 You must not misuse the App by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful.  You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App.  You must not attack the App via a denial-of-service attack or a distributed denial-of-service attack.

3.4 We reserve the right to refuse access to the App and/or the services contained herein in our discretion, including, without limitation, if we believe that particular conduct violates applicable law, is harmful to our interests or is in breach of these Terms of Use.

4.1 You hereby agree and acknowledge that the App and all content included on the App is proprietary to TII or our licensors and is protected by applicable copyright and/or other intellectual property rights. We grant you a non-transferable, non-exclusive licence to make an electronically stored transient copy of this App or extracts or portions thereof, for the purposes of viewing them online only subject to these Terms, our eFlow: My Tolls App Privacy Notice and eFlow: My Tolls App Cookies Policy and the Apple Media Services terms and conditions and Google Play terms and conditions which are incorporated by reference but you may not change, copy, store, publish, rent, licence, sell, or distribute in any way or create derivative works of the App, its contents or its underlying software. We reserve all other rights. 

4.2 You hereby acknowledge and agree that (i) these Terms do not constitute a grant or an intention or commitment to grant any other right, title or interest in the App or TII's or our licensors intellectual property rights to you other than as set out in the licence above; and (ii) you may not sell or transfer any portion of the App to any third party or use the App in any manner to produce, market or support your own products or products of third parties.  

4.3 You shall not, without our prior written consent change, copy, store, publish, rent, licence, modify, sell or distribute in any way any part of the App, its contents or its underlying software or reverse engineer, decompile or disassemble the App or any portion of it.

5.1 You hereby acknowledge and agree that the App is available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the App or the contents thereof. 

5.2 Except as expressly set out in these Terms of Use, all representations, warranties, terms and conditions whether express or implied in relation to the App or the information contained herein are hereby excluded to the fullest extent permitted by law. 

5.3 Due to the fact that we cannot guarantee that the App will be fault free or that the information contained on the App will be correct, you agree that we shall not be liable for any loss or damage whatsoever arising out of or in connection with the App or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.

6.1 Due to the global nature of apps and the Internet, you agree to comply with all local laws regarding online conduct.

7.1 We may, at our discretion, provide you with services including an account, payment services and news and information services. You agree to comply with the terms and conditions on which any such services will be provided to you as set out in these Terms of Use and elsewhere on the App, including e.g. the eFlow (Registered Customer) Account Terms and Conditions.

7.2 We reserve the right to terminate, withdraw, restrict, vary, extend or re-introduce any or all of the services and update, alter, suspend or discontinue any aspect of our App (including your access to it), without notice at any time and for any reason and without liability.

7.3 From time to time we may automatically update the App and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services.

8.1 The App may contain links to websites which are operated by third parties. Such links are provided for your convenience only. We have no control over these websites, and we are not responsible for their availability or content. The inclusion on the App of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. 

9.1 In order to use certain parts of the App, you are required to register with us. An example is where you apply for and register an eFlow Account or a Quick Access Profile (available on the App only). The details you provide on registration are important and must be true and accurate. If there are any changes to these details, please record them by logging in to your account/profile and editing your information.

9.2 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to notify us immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password or prompted to change your password. 

10.1 If we become aware that you have violated any of the terms contained in these Terms of Use we may immediately take corrective action including preventing you from accessing and/or using the services offered by this App and removing any information, data and content on the App by you, at any moment and without notice. If we have been injured by your violation we may in our discretion seek to recover damages or other forms of monetary compensation from you. 

11.1 These Terms of Use and any documents referred to herein may be amended from time to time by us. The App will specify the latest date on which the Terms of Use have been amended.

12.1 These Terms of Use shall be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts.

To contact us, please email dataprotection@eflow.ie.