WEBSITE TERMS OF USE
1. Terms of website use
This page (together with the documents referred to herein) sets out the terms and conditions that govern your use of our website https://courtfines.anpost.ie (the “Terms” and the “Site”). Please read these Terms carefully before you start to use the Site. Access to and use of the Site is subject to these Terms and all applicable law. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please cease using and leave the Site immediately and refrain from further access and use of it.
2. Information about us
The Site is operated by An Post (“An Post” or “we” or “our” or “us”) for and on behalf of Courts Services. We are a limited company registered in Dublin, Ireland under company number 98788. Our registered office is General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2.
3. Accessing our Site
Your access to and use of the Site is permitted in accordance with these Terms. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.
4. Restrictions on Use
4.1 Your use of the Site is conditional on your compliance with the provisions set out in these Terms and in particular, you agree that you will not:
4.1.1 use the Site for any fraudulent or unlawful purpose;
4.1.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
4.1.3 use the Site in such a way that you improperly restrict, inhibit, or degrade any other person’s use or enjoyment of the Site;
4.1.4 use the Site in such a way that you cause an unusually great or excessive burden on the Site;
4.1.5 use the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.1.6 use the Site to access, store, distribute or transmit any material which: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (vi) is otherwise illegal or causes damage or injury to any person or property;
4.1.7 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
4.1.8 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;
4.1.9 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
4.1.10 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site without our express consent;
4.1.11 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
4.1.12 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
4.1.13 frame or mirror any part of the Site without our express prior written consent;
4.1.14 create a database by systematically downloading and storing Site content without our prior written consent; and/or
4.1.15 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
4.2 We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
5. Intellectual Property Rights
5.1 We are the owner or the licensee of all copyright and other intellectual property rights in the Site, and in the material (which includes all content) published on it. The Site and those materials are protected by copyright and related rights by laws and treaties around the world. All such rights are reserved.
5.2 Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any license or right, to intellectual property rights in the Site or any of the content found on the Site.
5.3 You are permitted to view the Site on a computer screen for your personal use. You may draw the attention of others within your organisation to material published on the Site as stated in this clause or as permitted by law, you are not permitted to distribute, modify, transmit, reuse, re-post or use material on the Site (whether for public or commercial purposes or otherwise) without a licence from us or our licensors (as applicable).
5.4 You must not modify the paper or digital copies of any material you print or download and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.5 Our status (and that of any identified contributors and our licensors) as the authors of material on our Site must always be acknowledged.
5.6 If you print off, copy, download or use any material in breach of these Terms, your permission to use the Site will cease automatically and immediately and you must, at our option, return or destroy any copies of the material you have made.
6. Reliance on Information Posted
6.1 Information and other material published on the Site do not (and are not intended to) amount to advice on which reliance should be placed.
6.2 We aim to update the Site regularly, and may change the content at any time. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material or to keep it current.
7. Our liability
7.1 As a user of the fine payment Service provided on the Site then the liability provisions at clause 8 in the User Terms and Conditions shall apply to you in relation to your use of the Site.
8. Information about you and your visits to our Site
8.1 With regard to each of your visits to our Site We will use information about you to administer the fine payment service provided by Us on the Site
9. Viruses, Hacking and other Offences
9.1 You must not misuse the Site by knowingly or negligently introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is hosted or any server, computer or similar device or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. If you breach this clause, all rights granted to you to use the Site will immediately revoke and cease.
9.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or similar device, technology equipment, programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
10. Links from our Site
Where the Site contains links to other websites and resources provided by third parties, those links are provided for your information only. If you use such links, you leave this Site. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any liability, loss or damage that may arise from your use of them.
11. Trade marks
The trademarks, logos and service marks (together the “Marks”) displayed on the Site are registered or unregistered marks of An Post or its licensors. All rights in the Marks are reserved. These Terms do not grant, and nothing in these Terms should be construed as granting, any licence or right to use any of the Marks without our prior written consent.
12. Variation of Terms
We may from time to time revise these Terms by amending this page. You will be bound by such revised terms and conditions when you use the Site and you should therefore periodically check this page for any amendments we make.
13. Severance
If any provision or covenant or obligation contained in these Terms is void, voidable, illegal or otherwise unenforceable, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had the invalid provision eliminated.
14. Jurisdiction and applicable law
14.1 The Irish courts will have exclusive jurisdiction over any claim, dispute or difference between you and us (including non-contractual disputes or claims) arising from, or related to, a visit to and use of the Site, any material published or uploaded to the Site, or otherwise arising from or relating to the Site or these Terms.
14.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
15. Contact Us
If you have any concerns about the Site, or in the unlikely event that you wish to submit a complaint to us about the Site, its content or a service provided by us through the Site, please contact An Post at General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2 or contact us by email at support@courtfines.ie
User Terms & Conditions
1. Introduction
1.1 These terms and conditions (the “Terms”) governs Your use of the Fines payment service known as https://courtfines.anpost.ie The service is a service provided by An Post to You for and on behalf of Courts Service Ireland in accordance with the provisions of the Fines(Payment and Recovery)Act 2014 as may be amended from time to time. The Service provides You with a facility to pay a Fine online to the Courts Service (the Service).
Please read these terms and conditions carefully as they explain Your rights and responsibilities to Us and Our rights and responsibilities to You. You acknowledge and agree that An Post will treat your use of the Service as acceptance of these Terms.
2. Definitions
In these terms and conditions the following expressions have the following meanings:
2.1 “Account” means the debit/credit card account to which the Payment Instruction relates;
2.2 “Fine” means a fine imposed by a Court on You consequent on You having been convicted of an offence by that Court and includes any costs ,compensation or expenses ,in addition to the fine ,that the court orders You to pay;
2.3 “Fined Person” means a person on whom the court has imposed a fine;
2.4 “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 registrable or not);
2.5 “Payment Instruction(s)” means Your instruction to us to withdraw money from Your Account and pay the sum of money withdrawn to the Courts Service;
2.6 “Site” means the Website;
2.7 “We”, “Us” and “Our” means An Post having its registered office at General Post Office,
O’Connell Street Lower, Dublin 1, D01 F5P2.
2.8 “Website” means the website at the universal resource locator beginning https://courtfines.anpost.ie
2.9 “You” and “Your” means You, the Fined 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 Terms of Use found at the Website 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 Your use of the Service confers a right on you to make a payment of a fine to the Courts Service only and that all other matters concerning the fine are outside the scope of these Terms and are issues which must be dealt with by You and the Courts Service.
3.4 You acknowledge that We are not responsible and have no liability for any Courts Services communication to You. Any actions which you may take or refrain from taking are at Your own risk.
3.5 You acknowledge that it is Your responsibility to pay the correct amount to the Courts Service and the rejection of a payment by the Courts Service or an overpayment to the Courts Service is a matter between the Courts Service and You alone and is outside the scope of these Terms.
4 Links From Our Website
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 by giving Us Payment Instructions in relation to a fine You must quote the ID number on the fine notice and Your PIN number which is the Defendant ID on the fine notice and You must follow the instructions on the Site.
5.2 On receipt of a valid Payment Instruction from You We will withdraw the amount of the Payment Instruction from Your Account and We will transmit the amount of the withdrawal to the Courts Service in relation to the fine in respect of which payment is being made.
5.3 You must ensure that You have sufficient funds available to honour the Payment Instruction in Your Account.
5.4 If Your Account provider does not honour the amount of the Payment Instruction We reserve the right to cancel the payment made to the Courts Service and the cancellation may be subject to a charge from the Courts Service which charge is payable by You.
5.5 You acknowledge that once a payment is made to the Courts Service by Us in accordance with a valid Payment Instruction received from You that We have no further liability to You.
5.6 You acknowledge that it is Your responsibility to print and keep a receipt of payments made using the Service.
6. Warranties and Limitation of Liability
6.1 Your warranties
You warrant to Us that:
6.1.1 You are entitled to issue Us with a Payment Instruction on the Account used by You.
6.1.2 The funds in Your Account are sufficient to meet the amount of Your Payment Instruction;
6.1.3 You will use the Service in a lawful and proper manner.
6.2 Your indemnity:
6.2.1 You shall indemnify us and keep us fully and effectively indemnified on demand from and against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which We may sustain or incur, or which may be brought or established against Us by any person, which in any case arise out of or in relation to, or by reason of: (a) You issuing a Payment Instruction from an Account without authority to do so; (b) Your fraud.
6.3 Limitation of Our liability
6.3.1 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) The acts or omissions or both by Your internet service provider (c) The acts or omissions or both of Your Account provider or the Courts Service 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; (f) The Payment Instruction being made by someone else with Your permission.
6.4 We will not be liable for any errors or delay for failure to follow a Payment Instruction 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.
6.5 Any liability We have to You howsoever arising will be limited to the value of the Payment Instruction during the course of which such liability arose. 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.