Terms & Conditions
By paying for parking or establishing a Parking Tag Account with Parking Tag (as the case may be), You agree to be bound by the terms and conditions contained in this Agreement and the Web Site Terms and Privacy Statement which are available at the following link(s), which govern the use of the Service. Please read this Agreement carefully and keep it for future reference.
“Account Application Form” means the application form to be completed by individuals that wish to open a Parking Tag Account;
"Account Maintenance Charges" means the monthly administration fee of €0.50 plus VAT per registered vehicle payable to Parking Tag by Registered Users and may be adjusted by Parking Tag at any time on the giving of 10 days’ prior notice to Registered Users;
"Agreement" means these terms and conditions, and in the case of Registered Users together with the Account Application Form, as may be amended and supplemented from time to time;
“App” means the Parking Tag smartphone application available on Android and iOS;
“Car-Park” means any of the car park zones indicated on the webpage of Payzone. The list of compatible car park zones published on the webpage of Payzone may be updated by Payzone from time to time;
“Car-Park Fees” means the fees payable to Payzone in respect of the use of a Car-Park which fees may be calculated by the amount of time spent in the car-park. Car-Park fees may change from one Car-Park to another or from one time of the day to another;
“Charge to Mobile” means the payment option available to Unregistered Users that permits Unregistered Users to charge parking payment(s) to mobile phone, pre or post pay accounts;
“Customer Service Centre” means the dedicated Parking Tag contact centre, established to manage, resolve and respond to customer queries;
"Easytrip Installation Guide" means the installation manual provided by Easytrip in respect of the installation of their Tag;
"External Payment Operator" means a tag service which may be made available to You by external operators, such as mobile phone and toll operators;
“Fees” means to the extent applicable in each case the Parking Fees and SMS Fees;
“IVR” means phone technology that allows a computer to interact with humans through the use of voice and DTMF tones input via keypad;
"Low Balance Level" means the low balance level specified by Registered Users in the Account Application Form;
"Mandate" means a direct debit or other continuous authority mandate authorising the payment to Parking Tag of that amount specified by Registered Users in the Account Application Form;
"Misuse" means a failure to act in accordance with Parking Bye-laws or in accordance with the rules of the Parking Facility and/or the provisions of this Agreement including such other acts or omissions that Parking Tag may specify and notify to You from time to time. It also means failure to act in accordance with Clause 7.4;
“On and Off-Street Parking Bundle Charges” means the monthly fee of €1.99 incl. VAT per registered Tag payable to Parking Tag by Registered Users. This is inclusive of your Account Maintenance Charges and may be adjusted by Parking Tag at any time on the giving of 10 days’ prior notice to Registered Users;
"Other Payment Methods", means in respect of Fees and Processing Fees, payment made by means other than a Mandate including by credit card, debit card or Charge to Mobile;
"Parking Bye-laws" means the Bye-laws, at any time, made by a local authority in respect of any Parking Facility;
"Parking Facility" means any Parking Zone, private car park accepting Parking Tag as a method of paying for Parking Fees, including a Parking Scheme or other service which may be used by You to park a vehicle;
"Parking Fees" means the parking fees payable by You for the use of a Parking Facility;
"Parking Scheme" means any parking service provided by a car parking operator accepting Parking Tag as a method of paying for Parking Fees;
“Parking Tag” means Payzone Ireland Limited and/or any of its subsidiaries and includes their assignees;
“Parking Tag Account” means an account maintained or held with Parking Tag;
"Parking Transaction" means the payment of a Parking Fee by You to park in a Parking Facility for a defined time period;
“Parking Zone” means the applicable area/street/road in respect of the use of which a Parking Fee is payable in order to park a vehicle and which must be selected by You to use the Service;
"Pay and Display Meters" means the physical pay and display machines located on streets/roads or in car parks or zones where Parking Fees can be paid;
“Permitted User” means any person permitted by the Payzone Customer to use the Payzone Customer’s Tag(s);
"Processing Fee" means the fee charged to Unregistered Users to activate a Parking Transaction in addition to the Parking Fee;
“Registered User” means a person or entity who maintains or holds a Parking Tag Account;
“Replacement Tags” means a tag that is dispatched where the original Tag is either faulty or the Tag battery is end of life;
“Service” means the pre-payment service provided by Parking Tag that permits You to pay Parking Fees for a Parking Zone;
“Service Centre Agent” means an employee of Parking Tag who works in the Customer Service Centre;
"SMS" means a communication service between You and Parking Tag, using standardised communications protocols allowing the interchange of short text messages between mobile telephone devices;
“SMS Fees” means those fees specified in Clause 16 of this Agreement;
"Statement" means a monthly Parking Tag Account statement which can be accessed by Registered Users via the Website stating: (i) Fees plus Account Maintenance Charges received by Parking Tag from Registered Users, (ii) the total number of Parking Transactions, and (iii) such other information as Parking Tag may deem appropriate from time to time.
“Tag” means any compatible device to be affixed to the Payzone Customer’s vehicle pursuant to the Easytrip Installation Guide to facilitate the identification of the Payzone Customer under the terms of the Payzone Customer Agreement in respect of the use of one or more of the services offered by Payzone to the Payzone Customer;
“Tag Holder” means a small device that sticks to the windscreen to hold the tag in place.
“Tag ID” means the identification number attributed to each Tag delivered to the Payzone Customer.
“Tag Order Cost” means the charge of €5.00 + VAT per Tag order for postage and packaging payable to Parking Tag by Registered Users when You order an Easytrip tag. This may be adjusted by Parking Tag at any time on the giving of 10 days’ prior notice to Registered Users.
"Top Up" means the amount credited in the Parking Tag Account in advance of Parking Transactions and used to pay Fees and Account Maintenance Charges;
“Unregistered User” means a person or entity who uses the Service from time to time without creating a Parking Tag Account;
“Website” means www.parkingtag.ie;
"You" means Registered and Unregistered Users.
1.1 In this Agreement:
- references to persons shall include bodies corporate and unincorporated, associations, partnerships and individuals;
- 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 cent, euro or EUR shall mean the lawful currency for the time being of Ireland;
- references to the masculine gender shall, unless the context otherwise requires, include the feminine gender and vice-versa;
- references to any agreement (including this Agreement), document or other instrument includes a reference to that agreement, document or instrument as amended, supplemented, substituted, novated or assigned;
- any reference to Parking Tag (other than in relation to entitlement to receive payments) shall include persons acting on behalf of Parking Tag in connection with this Agreement;
- headings and sub-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; and
- where a Registered User or Unregistered User consists of two or more persons all the respective covenants of this Agreement shall be deemed to be given by such persons joint and severally.
2. Acceptance, Collection of Fees and Charges
2.1 Parking Tag reserves the right to notify You of any update to the Service by App, SMS or email. Parking Tag also reserves the right to include advertising material in respect of Parking Tag if it so wishes on such App alerts, emails and SMS.
2.2 Registered Users
In order to open a Parking Tag Account, Registered Users shall complete an Account Application Form via the Website, via the App or by providing all necessary details to the Customer Service Agent by contacting the Customer Service Centre to allow it to complete the Account Application Form including:
- all details required by Parking Tag in relation to the Mandate; and
- authorising Parking Tag to undertake the automatic collection of the nominated Top Up when the Parking Tag Account reaches the nominated Low Balance Level.
2.3 Parking Tag shall be entitled and Registered Users hereby authorise Parking Tag to deduct Fees and Account Maintenance Charges and other sums and charges due to it pursuant to the terms of this Agreement, from the funds received from him/her from time to time, as the same shall be incurred. The charges which Parking Tag may deduct pursuant to this Clause 2.3 shall (without prejudice to the generality of the foregoing) include such charges as Parking Tag may notify to a Registered User from time to time including but not limited to charges in connection with any Misuse or the issue of additional Statements or reports to a Registered User.
2.4 In advance of using the Service, Unregistered Users shall select a method of payment for the Service and provide payment details to Parking Tag. Unregistered Users hereby authorise Parking Tag to debit the credit/debit card provided or in the case of Charge to Mobile to instruct the mobile phone operator to deduct Fees together with the Processing Fees as specified by the Unregistered User when using the Service.
2.5 Unregistered Users shall ensure that he/she has sufficient funds available on your credit card or debit card or mobile phone account, as the case may be, to enable payment of all amounts due to Parking Tag in order to use the Service.
2.6 Parking Tag shall act as a collection agent on behalf of the operators of Parking Facilities in relation to the collection of Parking Fees from You. Unless otherwise stated, this Agreement is between Parking Tag and You.
2.7 In circumstances where a Registered User has a Parking Tag Account with Parking Tag through an External Payment Operator, Parking Tag shall be entitled to charge Registered Users Fees plus Account Maintenance Charges and other sums and charges due to it pursuant to the terms of this Agreement, through External Payment Operators existing billing platforms.
The fees that Parking Tag may charge External Payment Operators under this Clause 2.7 shall (without prejudice to the generality of the foregoing) include any/all such charges as Parking Tag may notify from time to time in connection with Misuse or the issue of additional statements or reports to Registered Users.
2.8. It is acknowledged that:
- a Registered User is responsible for ensuring that their Parking Tag Account(s) is in credit and if the Service, including the App, does not operate, for example, by reason of their Parking Tag Account not being in credit, Registered Users will have to pay the Parking Fee in cash or by Other Payment Methods when using the relevant Parking Facility;
- if a Registered User cancels or alters a Mandate, he/she shall within 24 hours notify Parking Tag of such cancellation or alteration;
- Parking Tag may request Registered Users to adjust the Top Up paid by Registered Users in circumstances where Parking Fee’s are adjusted by the operator of a Parking Facility;
- Registered Users are not entitled to interest on any sums actually received by Parking Tag pursuant to the terms of this Agreement;
- the Parking Fee payable by You in respect of the use of any Parking Facility may be adjusted from time to time by the operator of a Parking Facility and any such adjustments shall become immediately binding upon You;
- Parking Tag does not set Parking Fees. Parking Fees are calculated by reference to the relevant legislation and applicable Bye-laws or by operators of private car parks or External Payment Operators, as the case may be;
- Parking Tag accepts no responsibility or liability for any increases to Parking Fees;
- upon receipt by Parking Tag of a Parking Fee, that payment shall be the same as if the payment was made directly to the operator of the Parking Facility;
- You are responsible for providing Parking Tag with the correct information at all times, including your name, email, vehicle registration number, mobile telephone number, and method of payment details;
- You are responsible for ensuring that the Parking Zone indicated on the App, Online, on the SMS sent to Parking Tag or entered on the IVR is the correct Parking Zone and that You are purchasing a ticket for the Parking Zone or area where You wish to park;
- You are responsible for ensuring that all information provided to Parking Tag in respect of the Service is correct. Parking Tag does not accept responsibility for inaccurate information provided by You to Parking Tag;
- it is the responsibility of Registered Users to ensure that where more than one vehicle is registered to a Parking Tag Account that the correct vehicle is selected by Registered Users for the relevant Parking Transaction;
- in the event You select an incorrect location or park a vehicle other than the vehicle registered for your Parking Tag Account or that You enter an incorrect vehicle registration number to that Parking Transaction, You will be responsible for any penalty charge notice issued. You are responsible for ensuring that each Parking Transaction is confirmed;
- Parking Tag does not accept any responsibility for loss or damage incurred by You or your property (including your vehicle) whilst using or on a Parking Facility;
- Parking Fees incurred using Parking Tag will be billed by External Payment Operators to their customers;
- so long as a Registered User has a Parking Tag Account, a Statement shall be available to the Registered User via the Website. On request by Registered Users, Parking Tag may also provide a Statement to Registered Users by post or email. Unregistered Users shall receive a receipt by email after every Parking Transaction;
- whilst Parking Tag makes every effort to ensure that Fees are accurate, You accept that miscalculations in Parking Tag Account balance may occur. In such circumstances, Parking Tag maintains the right to make adjustments, without notice, where evidence can be provided that the adjustment is appropriate; and
- in circumstances where a request for payment of a Top Up amount is rejected or Parking Tag is not credited with the amount when requested, the Registered User shall discharge and be liable for any/all costs or charges incurred by Parking Tag in connection from that rejected payment.
2.9 Some mobile operators have implemented specific daily and monthly limits controlling the amount spent with any unique mobile, Unregistered Users are responsible to consider all such limitations when availing of the Charge to Mobile option.
In the case of a Registered User who registers for a Parking Tag Account via the Website, via the App or by telephone to a Customer Service Centre, such Registered User may be entitled to exercise a statutory right of cancellation of the order.
4.1 Parking Tag reserves the right to suspend a Parking Tag Account or usage of the Service for any breach of the terms of this Agreement.
4.2 In circumstances where the balance on a Parking Tag Account has fallen below the Low Balance Level, Parking Tag will, using the payment details provided by the relevant Registered User, and is hereby authorised by a Registered User to automatically seek a further payment from that Registered User to bring the Parking Tag Account back to that Registered User's Top-Up amount as chosen by the Registered User in its Account Application Form. In the event of a payment failure or any rejection of the payment and if a Registered User chooses not to Top Up their Parking Tag Account, Parking Tag may provide notice that a Low Balance Level has been reached.
4.3 Parking Tag reserves the right to suspend, terminate or refuse to provide You with Services for a valid reason, including but not limited to failing to pay Fees, Accountant Maintenance Charges and Processing Fees (as the case may be) or using an invalid payment method or credit/debit card details.
5.1 The Agreement or the right to use a Parking Tag Account may be terminated at any time by notice from Parking Tag to a Registered User:-
- if having provided Parking Tag with a completed Mandate, the Registered User has cancelled or altered his/her Mandate for whatever reason;
- if 14 days or more (or such other reasonable term as Parking Tag may determine from time to time) have elapsed from the suspension of a Parking Tag Account pursuant to Clause 4 and the Registered User has failed to ensure that the Parking Tag Account holds at least the Low Balance Level;
- if the Registered User has, in the opinion of Parking Tag, Misused or failed to use the Service correctly or allocated or made fraudulent or any other unauthorised or illegal use or other use not in accordance with this Agreement;
- where a petition for bankruptcy is filed against the Registered User, or the Registered User goes bankrupt or is otherwise unable to pay their 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 Registered User or an examinership order is made in respect of the Registered User or an order or an effective resolution is passed for the winding-up of the Registered User;
- if the Registered User is in breach of any of the terms of this Agreement and if such breach is incapable of remedy or, if capable of remedy, such default continues unremedied for 10 days after notice thereof has been given by Parking Tag to the Registered User.
5.2 The Agreement or the right to use a Parking Tag Account may be terminated at any time by notice from Parking Tag to the Registered User or the Registered User to Parking Tag, providing one week’s written notice of an intention to terminate.
5.3 Parking Tag reserves the right to block Unregistered Users from using the Service.
5.4 Unless a third party agrees with Parking Tag to take an assignment or otherwise accept the benefit and burden of Parking Tag in this Agreement, the Agreement will automatically terminate when all contracts entered into by Parking Tag which entitle You to use or have access to Parking Facilities come to an end and are not renewed. In any event Parking Tag shall notify You before or upon the happening of the relevant event.
5.5 Upon receipt of a notice of termination:- in circumstances where Parking Tag holds funds in respect of a Parking Tag Account to the credit of a Registered User, Parking Tag shall thereafter send a cheque or make a card refund made payable to the Registered User for the sum equivalent to the funds standing in credit on that Parking Tag Account.
5.6 Any termination of this Agreement pursuant to this Clause 5 shall be without prejudice to any other rights or remedies accrued to the parties hereto.
6.1 Where a party is required to send a notice to the other party pursuant to this Agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of a notice from You to Parking Tag by email to PTSupport@parkingtag.ie or, in the case of the Registered User by posting by recorded delivery post or email (where an email address has been provided by You) to the address last notified to Parking Tag.
6.2 Any notice or other communication so served shall be deemed duly served forty-eight hours after delivery or at the time of transmission or sending depending upon whether it is sent by post or by email respectively.
6.3 If such notification is by telephone or in person it will only be effective if confirmed by notice served in accordance with this Clause 6 within 7 days.
6.4 Parking Tag may also notify You of changes to this Agreement by publishing a notice of such changes on the Website provided however that such changes shall not come into effect until at least 10 days after such publication or by contacting You through your email address.
7. Specific Terms and Conditions of Off-Street Parking
These terms and conditions apply only to customers who have signed up to the Off-Street Parking service which we offer in partnership with Easytrip. Terms of the tags only apply to customers who have requested an Easytrip tag from Parking Tag.
7.1. Supply and Use of the Tag
7.1.1 Where Payzone orders a Tag for a Payzone Customer, the Payzone Customer will be deemed to have agreed to the Terms and Conditions of Payzone, the first time the Payzone Customer uses the Tag, and will thereafter be referred to as a Payzone Customer.
7.1.2 Easytrip will deliver the Payzone Customer with the Tag and the Payzone Customer shall:
- Install and use the Tag in the vehicle in accordance with the instructions detailed by Payzone and in accordance with their Payzone Customer Agreement;
- The Customer shall only use the Tag for the Vehicle(s) listed and assigned to each Tag and in respect of which the Tag was issued.
- Not transfer, sell, dispose of, damage or tamper with the Tag or use the Tag fraudulently or illegally.
- Exercise all possible care to ensure that the Tag is not lost, stolen or misused; and
- Give Payzone all information in his/her possession regarding any loss, theft or Misuse of the Tag. Payzone shall immediately inform Easytrip and take all steps Easytrip deems necessary to assist the recovery of the Tag.
- The Payzone Customer may allow a Permitted User to use the Tag subject to the terms of this Agreement which shall be brought to the attention of any Permitted User by the Payzone Customer. The Payzone Customer remains responsible for any use made of the Tag by a Permitted User. The Payzone Customer shall not do anything or permit anything to be done which may constitute a Misuse of the Tag. The use of the Tag by the Payzone Customer or any Permitted User is solely at the risk of the Payzone Customer. Each Tag is issued in respect of an individual vehicle. No Tag may be moved to any other vehicle without first notifying Payzone and receiving their agreement to the movement of the Tag.
- The Tag may serve only as a means of identification of the Payzone Customer in Car-Parks to be conducted exclusively by Easytrip in accordance with the conditions applying generally to the use of Car-Parks. The Payzone Customer acknowledges that for the Tag to operate correctly, it must be installed in accordance with Payzone’s instructions included in the Easytrip installation Guide and that the failure to properly install the Tag will prevent it from operating properly. Payzone or Easytrip shall not be responsible for the Payzone Customer’s failure to install the Tag properly.
7.2. Replacement of Defective Tags
7.2.1 The Payzone Customer shall be responsible for notifying Payzone of a malfunctioning or defective Tag. Payzone shall notify Easytrip of a malfunctioning or defective Tag. The Payzone Customer shall send it to Easytrip, EA House, Damastown, Mulhuddart, Dublin 15 via post using the free postcode provided by Payzone with receipt of acknowledgment. Easytrip will acknowledge the receipt of the Tag by sending a new one by post to the address of the Payzone Customer as indicated by Payzone. A malfunctioning or defective Tag that, in the opinion of Easytrip, is defective for reasons other than Misuse by the Payzone Customer shall be replaced at no cost to the Payzone Customer.
7.2.2 To the extent required by Easytrip, a Tag may be tested at Easytrip’s office to determine if it is functioning properly.
7.3. Notification of Damaged/Lost/Stolen Tags/Request for Tag Holders
7.3.1 In the event that a Tag is damaged, lost or stolen the Payzone Customer must immediately notify Payzone by telephone by calling Payzone Call Centre on + 353 0818 300 161, or by email to email@example.com (lines open during office hours). Until Payzone receives such confirmed notification, the Payzone Customer will remain liable for any use of the Tag. After Payzone receives such confirmed notification, the Payzone Customer’s liability for any subsequent Misuse of the Tag will cease. Payzone will notify Easytrip of a damaged/lost/stolen tag in accordance with the procedures set out in sub clause 7.2.1 and Easytrip will replace the Tag, subject to the conditions set out in sub clause 7.2.1. For the avoidance of doubt, Payzone will remain fully liable to the Payzone Customer until such notification has been made by Payzone to Easytrip.
7.3.2 If the Tag previously notified as lost or stolen pursuant to sub clause 7.3.1 is retrieved, the Tag must be returned to Easytrip, EA House, Damastown Industrial Park, Mulhuddart, Dublin 15 in accordance with the procedures set out in Clause 7.2.1.
7.3.3 In the event where a customer changes vehicle and needs a new tag holder to hold their original tag, the Payzone Customer must notify Payzone by telephone by calling Payzone Call Centre on + 353 0818 300 161, or by email to firstname.lastname@example.org (lines open during office hours).
7.4. Misuse of Tag
7.4.1 In the event that Payzone is of the opinion that a Tag is or has been subject to Misuse, Payzone will be entitled to deactive the Tag. Payzone shall not be liable to the Payzone Customer for any deactivation of the Tag due to any actual or reasonably suspected Misuse of the Tag.
7.5.1 Each time a Tag is used in a Car-Park, whether by the Payzone Customer or by anyone else, authorised or not, the fee is to be paid by the Payzone Customer. Should the Tag fail to properly discharge the Car-Park fees at the Car-Park for any reason, the Car-Park operator may request the Payzone Customer to discharge the Car-Park fees by cash or credit card (or other means of payment).
7.5.2 Payzone must be notified of any dispute(s) of Transaction Fees appearing on a Payzone Customer account immediately but no later than sixty (60) days of the charge being applied to the Payzone Customer account. All disputes are subject to a review and approval by the respective Car-Park Operator and Payzone may require additional documentation or evidence from the Payzone Customer.
7.6. Cancellation of Account by a member being a Consumer
7.6.1 Where a Payzone Customer is a Consumer, he or she is entitled to exercise a statutory right of cancellation as per sub clause 7.3. Where the right of cancellation applies and is exercised by the Payzone Customer, the Payzone Customer will return the Tag Easytrip by post within ten (10) days in its original packaging to Easytrip, EA House,Damastown Industrial Park, Mulhuddart, Dublin 15. Customers can avail of a free post code for this return by calling the Payzone Call Centre on + 353 0818 300 161, or by email to email@example.com (lines open during office hours).
Where the Tag is used within the ten (10) day period, the Payzone Customer shall not be entitled to exercise his/her right to cancel the Agreement.
7.7. Return of Tags
7.7.1 The Payzone Customer agrees to return the Tags to Easytrip by post; to Easytrip, EA House, Damastown Industrial Park, Mulhuddart, Dublin 15. Customers can avail of a free post code for this return by calling the Payzone Call Centre on + 353 0818 300 161, or by email to firstname.lastname@example.org (lines open during office hours). If the Payzone customer is continuing to avail of other services which require a tag, then the Payzone Customer does not need to return the Tag to Easytrip. The Payzone Customer is required to return the Tag:-
(a) upon request by Payzone if Payzone notifies the Payzone Customer that it intends to replace a Tag;
(b) where a Tag is notified as defective or damaged or it is found following a notification that it was lost or stolen pursuant to sub clause 7.2 and/or sub clause 7.3;
(c) the Payzone Customer being a Consumer has exercised their right of cancellation pursuant to clause 7.6.
7.8.1 The Payzone Customer shall comply with any instruction for the use of the Tag issued by Payzone from time to time pursuant to their Payzone Customer Agreement and with all applicable laws including, without prejudice to the generality of the foregoing, any bye-laws or regulations created thereunder.
This clause sets out Payzone’s liability to the Payzone Customer under the Agreement.
7.9.1 To the maximum extent permitted by law, any and all liabilities of Payzone or Easytrip (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with a Tag (including without limitation, the Tag failing to function, deactivated or the Misuse of the Tag) are hereby excluded.
7.9.2 Neither Payzone or nor Easytrip will have any obligation or liability with respect to the Payzone Customers use or the performance of the Tag. The Payzone Customers Customer’s sole and exclusive remedy from Payzone and Easytrip will be the replacement of any defective hired Tag(s) free of charge for the Payzone Customer and the replacement of a damaged, stolen or lost Tag at the charge (see schedule of charges at www.payzone.ie pursuant to sub clause 7.2 and 7.3 of this Agreement.
7.9.3 Payzone or Easytrip shall not be liable to the Payzone Customer for any loss of profits, goodwill, business opportunity or any type of special, indirect or consequential loss incurred by the Payzone Customer, whether directly or indirectly.
8. Changes to Terms and Conditions
The terms and conditions of this Agreement may be changed, altered or supplemented by Parking Tag at any time and any such changes will be notified (in accordance with Clause 6.4) to the Registered User prior to coming into effect.
Parking Tag shall be entitled to assign, transfer, charge or otherwise deal with the Parking Tag Account or the rights, benefits and burdens hereunder. The Registered User shall not be entitled to transfer, charge or otherwise deal with the Parking Tag Account.
10. Data Protection
10.2 Any information given by You in relation to any loss, theft or misuse may be passed on to the relevant authorities together with any other information Parking Tag considers relevant to the operation of a Parking Scheme.
10.3 Details of your Parking Transaction and recent parking history may be shared with parking operators for the purposes of assessing existence of a valid ticket or for support purposes.
10.4 Where you wish to avail of off-street parking, Payzone would need to share some of your personal information with Easytrip to meet our obligations to you. It will be necessary to provide your vehicle registration number and tag number with Easytrip. In the instance where you order a tag through Payzone, we will need to share some personal information i.e. name, address, and vehicle registration number with Easytrip for tag fulfilment. Easytrip have an address of EA House, Damastown Industrial Park, Mulhuddart, Dublin. They are contactable via phone on 01 861 3200 or by email email@example.com.
11.1 The following provisions set out Parking Tag's entire liability to You in respect of:
- any breach of its contractual obligations arising under this Agreement; and
- any representation, statement, act of tort, act or omission including negligence arising under or in connection with this Agreement; and
- the use of the Service by You.
11.2 Parking Tag shall not accept liability to You in respect of direct damage to the tangible property belonging to You resulting from the use of the Service or a Parking Facility. Under no circumstances will Parking Tag be responsible for or accept liability of any kind arising from Misuse. This does not affect your statutory rights.
11.3 Parking Tag shall have no responsibility to You in respect of any penalty (of whatsoever nature) incurred by You whilst using a Parking Facility including but not limited to fixed penalty notices and clamping.
11.4 To the maximum extent permitted by law, any and all liabilities of Parking Tag (whether under contract, tort (including negligence) or otherwise) arising out of or in connection with the Service (including any and all penalties received by You in respect of parking) are hereby excluded.
11.5 Parking Tag shall not be liable to You in respect of any loss of profits, goodwill or any type of special, indirect or consequential loss howsoever caused (including, loss or damage suffered by You as a result of an action brought by a third party and/or operator of a Parking Facility).
11.5 Nothing in this Clause 10 shall confer any right or remedy upon You to which You would not otherwise be legally entitled.
11.6 Except as expressly stated herein, all conditions, warranties, representations and/or undertakings, express or implied, statutory or otherwise are excluded.
12.1 No omission or delay on the part of Parking Tag in exercising any of its rights, powers or privileges 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.
12.2 The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
13. Entire Terms and Conditions
13.1 The terms and conditions set out herein together with:
- the Account Application Form (in the case of Registered Users);
- the Frequently Asked Questions outlined and which may be published by Parking Tag from time to time;
- the Web Site Terms and Conditions; and
- the Parking Tag Privacy Statement,
constitute all the terms and conditions of this Agreement.
13.2 You acknowledge that You have not relied upon any representation save for any set out in this Agreement.
14. Governing Law
The interpretation of this Agreement shall be governed by Irish Law and You irrevocably submit to the exclusive jurisdiction of the Irish courts.
Each of the provisions contained in this Agreement shall be severable and distinct from each other and if one or more of such provisions is adjudged by any court of competent jurisdiction to be void or unenforceable, the validity, legality and enforceability of the remaining provisions hereof and of that provision in any other jurisdictions shall not in any way be affected or impaired thereby.
16. Service unavailability
If Parking Tag experiences any interruption which temporarily prohibits You from accessing the Service and/or the App it remains the responsibility of the Registered User or Unregistered User (as the case may be) to pay for parking using existing Pay and Display Meters. Parking Tag is not responsible for any technical failures including but not limited to loss of signal to a mobile device.
17. SMS Services
17.1 SMS reminders are provided as a reminder to You that a Parking Transaction is due to expire. It is the your responsibility to ensure that You have sufficient parking time paid for in the Parking Facility. SMS reminders are charged at the rate of EUR 20c each (or such other amount as may be determined by Parking Tag from time to time and notified to You).
17.2 If You are availing of the SMS service, You must ensure to follow the correct steps outlined in the Frequently Asked Questions contained on the App or Website. Failure to follow the correct steps may result in a standard fixed penalty notice or the vehicle may be clamped. Parking Tag accepts no responsibility for failure to follow the correct steps or for failure to input correct details.
17.3 Parking Tag reserve the right to charge a Registered User or Unregistered User for any undelivered SMS or, in the case of SMS reminders, SMS delivered after the Parking Transaction expires.
17.4 Standard network charges apply for SMS sent by You to Parking Tag. Parking Tag may apply an additional SMS service fee. Any additional SMS service fee will be notified to You by publishing a notice regarding same on the Website and any additional fees shall not come into effect until at least 10 days after such publication.
17.5 SMS Receipts/Reminders: If the SMS 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. In circumstances where the recipient loses signal only for a few seconds, that could cause an SMS to be undeliverable and queued, and not delivered until some unspecified time in the future. Therefore, You are responsible for ensuring that the vehicle is legally parked. If You are in doubt You may call 01 244 9999 to verify if there is a valid parking ticket for a vehicle.
17.6 SMS are not always guaranteed to be delivered: SMS 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.
17.7 Registered Users using the Service by SMS and Unregistered Users availing of the Charge to Mobile option will automatically receive an SMS reminder charged at EUR 20c.
18. Dormant Accounts
When a Parking Tag Account has been inactive for a continuous period of 24 months, that Parking Tag Account will be deemed to be dormant. Any remaining funds will be removed from the Parking Tag Account and, if applicable, the Parking Tag Account will be cancelled.
Parking Tag reserves the right to refuse a refund on any Fees, Account Maintenance Charges and/or Processing Fees.
20. Force Majeure
If the use of the Service or any Parking Facility is prevented or hindered by any matter beyond the control of Parking Tag 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 Parking Tag until such prevention or hindrance comes to an end.
21. Use of Mobile Phones
Please note that operating a mobile phone or any other device while driving can be dangerous and we advise You not to use this Service while operating a vehicle. You agree to indemnify and hold harmless from any or all liability whatsoever for any harm, loss or injury related to use of this Service or the Parking Tag Account while operating any kind of vehicle.