1.1 This Agreement governs Your use of the Internet bill payment service known as mybills.ie. Please read these terms and conditions carefully as they explain Your rights and responsibilities to Us and Our rights and responsibilities to You.
In these terms and conditions the following expressions have the following meanings:
2.1 ‘Bank’ means the financial institution where Your Bank Account is maintained;
2.2 ‘Bank Account’ means the bank account to which the Payment Instruction relates;
2.3 ‘Bill’ means a bill issued by a Biller or other statement or document which may be issued through the Service;
2.4 ‘Biller’ means the person who issues the Bill;
2.5 ‘Biller Account’ means Your account with the Biller;
2.6 ‘mybills.ie Account’ means that part of the Website accessible by You with the mybills.ie Security Credentials where You can use the Service;
2.7 ‘mybills.ie Account Security Credentials’ means the user identification, password and password hint supplied to You by Us to enable You use the Service;
2.8 “Intellectual Property Rights” means any copyrights, future copyright, database rights, inventions, patents, patentable material, designs, trade secrets, confidential information, know-how, trade marks, service marks or other industrial or intellectual property rights, and any applications for any of the foregoing (whether registered or not and whether registerable or not);
2.9 ‘Payment Account’ means Your account on the Website from which payment of a Bill is ;
2.10 ‘One Off Payment’ means the payment method offered as part of the Service which does not require You to register Your payment details with Us before You may use the Service and for which You will not have a mybills.ie Account.
2.11 ‘Payment Instruction(s)’ means Your instruction to us to withdraw money from Your Bank Account and pay the sum of money withdrawn to Your Biller Account;
2.12 ‘Service’ means the service on the Website permitting You to pay Your Bills using Your mybills.ie Account, One Off Payment or any other payment method which may be offered by Us to You as part of the Service from time to time;
2.13 ‘We’, ‘Us’ and ‘Our’ means An Post having its registered office at GPO, O’Connell Street, Dublin 1 trading as BillPay.ie.
2.14 “Website” means the website at the universal resource locator beginning http://www.mybills.ie;
2.15 ‘You’ and ‘Your’ means You, the customer registering for a mybills.ie Account to use the Service or choosing to pay Your Bills and to make Payment Instructions using One off Payment;
3. The Service
3.1 The Service offered to You by Us includes payment of a Bill using One Off Payment and/or payment of a Bill using a mybills.ie Account.
3.2 The Service is offered for those of Your Billers who agree to accept payment of Your Bills through the Website as per Agreement with An Post.
4. Access to the Service
4.1 You are responsible for obtaining and maintaining Your computer system and for ensuring that it is compatible with the Service. We have no responsibility or liability with respect to Your computer system. We will notify You of the minimum specification of computer system required to enable You to access and use the Service.
4.2 We may change the minimum specification You require to access the Service at any time. We will notify You of such a change by placing a message on Our Website. We do not accept responsibility if any such change in specification results in Your computer system becoming incompatible with the Service or becoming unable to perform within the Service all of the functions previously performed.
4.3 You will be responsible for the cost of all charges You incur in accessing and using Our Website.
4.4 We cannot guarantee the speed with which You will be able to access and use the Service or that You will have uninterrupted or continuous access to the Service.
4.5 You must not:
4.5.1 Introduce or attempt to introduce any virus or any other contaminant to the Service or any of Our computer systems;
4.5.2 in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website or any of Our computer systems;
4.5.3 interfere with the use of another person’s access to or use of the Website;
4.5.4 obtain access to information relating to another person which is on Our computer system; use or attempt to use the Website or any of Our computer systems for any unlawful or immoral purpose.
4.6 We may suspend or terminate Your access to and use of the Service, including but not limited to any Payment Instructions, at any time with or without notice if there is a valid reason in Our opinion for Us to do so, including but not limited to performing fraud checks.
4.7 You are responsible for getting an appropriate connection with an Internet Service Provider in order to access the Service.
4.8 We shall control, direct and establish technical procedures for using the Service (and We may vary it from time to time). You agree to follow Our instructions and adhere to Our procedures when using the Service as notified to You from time to time.
4.9 We shall be entitled to make operational changes to and alter the facilities available under the Service at any time. We will notify You of significant changes.
4.10 You agree that any material and/or information downloaded or otherwise obtained through the use of the Service is at Your own discretion and that You will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and/or data.
4.11 We shall use reasonable endeavours to keep the Service free from viruses and corrupt files but We do not warrant that the Service is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that where practicable You ‘virus check’ information sent to You by Us. We shall not be liable for any corrupt information sent to You by Us or for any corrupt information You send to Us.
4.12 You undertake to co-operate fully with Us in any investigation We may wish to carry out in relation to the use of the Service.
4.13 We shall not be required to carry out Payment Instructions in any particular order.
4.14 We may place messages or directions on Our website and You should from time to time check Our website for such messages or directions. You must ensure that You update Us on any changes in Your e-mail address.
4.15 You must notify Us immediately if You become aware of any error or any suspected error in the Service or in any transaction resulting from using it.
5. Payments through the Service
5.1 Payment Instructions may be made by You using the payment methods offered as part of the Service at any time.
5.2 To make Payment Instructions using the Service as a registered user using a mybills.ie Account You must register a Bank Account on Your Payment Account and the Bank Account must accept card payments and/or Electronic Fund Transfers and comply with these Terms and Conditions, except clause 5.3, and any instructions on the Website. No Payment Instructions may be given until ten working days after Your Payment Account has been set up and You must have fully completed registration in accordance with these Terms and Conditions and any instructions on the Website that pertain to registration.
5.3 To give Payment Instructions using One Off Payment You must follow all the Terms and Conditions except Clause 5.2 and any instructions that may apply on the website
5.4 On receipt of a valid Payment Instruction from You We will withdraw the amount of the Payment Instruction from Your Bank Account or request Your Bank to pay Us the amount of the Payment Instruction (Withdrawal).
5.5 You must ensure that You have sufficient funds available for the Payment Instruction in Your Bank Account.
5.6 We will pay the amount of the withdrawal to the Biller Account nominated by You (Payment).
5.7 If Your Bank does not provide us with the amount of the Payment Instruction We reserve the right to reverse any related Payment made to a Biller, and a Biller may charge You for such a reverse.
5.8 We reserve the right to limit the number of Bank Accounts registered to Your Payment Account.
5.9 Electronic Funds Transfer
5.9.1 In order for You to make a Payment Instruction by Electronic Funds Transfer You must fill out, sign and return to Us a direct debit mandate form authorising Us to make Withdrawals from Your Bank Account based upon Payment Instructions received from You. You must not attempt to make Payments Instructions relating to a Bank Account until You have confirmed with Your Bank that the direct debit mandate form has been accepted by Your Bank and We recommend that You wait ten working days after sending the form to Us before checking this with Your Bank.
5.9.2 You may change the Bank Account registered on Your Payment Account. If You do You must also transfer direct debit mandates to the Bank operating the new Bank Account and You should contact Your Bank for details on how to do this. You must not make Payment Instructions on the new Bank Account until the direct debit mandate has been accepted by Your Bank.
5.9.3 We reserve the right to limit the number of direct debit mandates we accept for each Bank Account registered on Your Payment Account.
5.10 Payment Cards
5.10.1 Payment Instructions can be made with a payment card by registering the details of Your payment card on Your mybills.ie Account or by and making Payment Instructions in accordance with instructions on the Website.
5.10.2 If the payment card for a Bank Account has expired You will not be permitted to make Payment Instructions using this payment card. If You receive a new payment card for the same Bank Account You are responsible for registering the details of the new payment card on the Payment Account and You will not be able to issue Payment Instructions on this debit card until You do.
5.10.3 We reserve the right to limit the number of payment cards You register on Your mybills.ie Account.
6. Format of Bills
6.1 The format and presentation of a Bill may change without notice at any time and the Biller can elect to insert messages or advertisements in the Bills at any time if they so desire. Note that although the terms Biller and Bill are used to describe the Service, We may extend the Service to include the delivery of other electronic documents including, but not limited to, statements and, if We do, these terms and conditions will apply equally to the delivery, provision, and use of such electronic documents.
7. Security and Links
7.1 To complete registration for a mybills.ie Account You must choose Your mybills.ie Account Security Credentials. You must keep Your mybills.ie Account Security Credentials secret. You may not reveal Your mybills.ie Account Security Credentials to anyone and You may not permit anyone to access Your Payment Account.
7.2 Some pages on the Website contain hypertext links to websites not maintained by Us. You are reminded that when You enter other websites via such hypertext links, You will not be subject to these terms and conditions and You will not benefit from the protections afforded to You in using our Website. We will not be liable in any way for the content, availability or use of such link to websites and You use such links entirely at Your own risk.
7.3 No third party is permitted to link any other website to this Website without obtaining our prior written consent.
7.4 The use of this Website or the distribution of information on the Website may be restricted by local law or regulation in certain jurisdictions and this Website is not intended for use nor the information intended for distribution in such jurisdictions and the persons accessing this Website should inform themselves about and observe any such restrictions.
8. Warranties and Limitation of Liability
8.1 Your warranties
You warrant to Us that:
8.1.1 You are entitled to receive the information in the Bills;
8.1.2 You are entitled to issue Payment Instructions on the Bank Account;
8.1.3 The funds in Your Bank Account exceed the amount of Your Payment Instruction;
8.1.4 You will use the Service in a lawful and proper manner.
8.1.5 Your use of this Website complies with all applicable laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy or tortious interference.
8.2 Your indemnity:
8.2.1 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 without authority to do so; (b) Your fraud.
8.3 Limitation of Our liability
8.3.1 You agree 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) Service for any reason being unavailable; (b) The acts or omissions or both by Your internet service provider or aggregation service; (c) The acts or omissions or both of Your Bank or Your Biller or both; (d) The products or services or both of Your Bank or Your Biller or both; (e) The contents of Your Bill; (f) Your failure to update Your direct debit or the registered details on Your Payment Account; (g) Your failure to exercise reasonable care; (h) Your failure to follow security requirements in these Legal Terms or otherwise notified by Us to You; (i) The Payment Instruction being made by someone else with Your permission.
8.4 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 suspension or termination under clause 4.6.
8.5 In addition You acknowledge that no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of any information which You transmit to Us. Accordingly, any information which You transmit to Us is transmitted at Your own risk.
8.6 Any liability We have to You 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. This does not affect Your statutory rights.
9. Intellectual Property Rights
9.1 The Intellectual Property Rights in this Website and the information set out on it belongs to us or Our licensors and may not be copied, transmitted or reproduced without Our prior consent. All copyright, trademark and other proprietary notices must be left intact.
9.2 Save as otherwise specified the contents of all the pages contained in this Website are copyright of Us or Our licensors.
9.3 Reproduction of part or all of the contents of the Website in any form is prohibited other than in accordance with the following permissions. You are granted a non-exclusive, non transferable licence solely for the purpose of using this Website and any services available on this Website. You may make one electronically stored, transient copy of these pages of this Website for the exclusive purpose of on-line viewing. You may make one hard copy of these pages for exclusively non-commercial purposes.
9.4 Save where otherwise specified the author(s) of the literary and artistic work set out in the pages contained in this Website has/have asserted his/her/their moral rights to be identified as the author of these works.
9.5 This licence does not permit incorporation of the material or any part of it in any other work or publication, whether in hardcopy or electronic or any other form. In particular (but without limitation) no part of this Website may be distributed or copied for any commercial purpose.
9.6 No part of this Website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval.
10. Privacy, Security and Data Protection
10.1You acknowledge that by using the Service that You are providing information which is confidential to You and You accept that this will be used only for the provision of the Service and will not be divulged to any third party for any reason other than to ensure the normal operation of the service, where required by law and/or where required and/or necessary for the purpose of giving effect to anti-money laundering and anti-fraud and fraud detection procedures.
10.2 Personal data provided by You when using the Service, may be used by Us for the purposes of giving effect to Your Payment Instructions, issuing You with details of Your Payment Instructions, keeping the mybills.ie database with Your information and/or personal data up to date and accurate as required by law, verification of card payment details to be used for the Service, contacting You with regard to the Service and/or Your mybills.ie Account, alerting You to changes in the Service or changes which may affect the Service. More information on Data Protection is contained in our Web Policy here.
10.3 We may also wish to use Your personal data to provide You with information regarding the Service and Service enhancements (for example changes to the service, service enhancements, promotions in connection only with the use of the Service) should this facility become available in the future.
10.4 These Terms and Conditions do not apply to any promotional and/or other forms of communication from An Post Group in relation to other services offered by the An Post Group and/or from selected Third Parties in relation to which You have separately selected and chosen to receive such communications and indicated and/pr provided your permission to be contacted by An Post Group for such purposes.
11.1 Any notice to be served on You may be sent by electronic mail to the electronic mail address notified by You to Us and shall be deemed to be received by You 72 hours after being sent. Any notice to be served on Us may be sent by electronic mail to the electronic mail address notified by Us to You and shall be deemed to be received by Us 72 hours after being sent.
12.1 You can terminate Your use of the Service by giving Us written notice by traditional post or such other means as We may agree with You.
12.2 We may end Our agreement with You at any time. We will give You at least 30 days prior notice if We wish to end Our agreement with You. However We may give You a shorter period of notice (provided that such notice is reasonable in all the circumstances): where security requires it; or in circumstances beyond Our control; or in the event of fraud; or Your failure to observe and comply with these Legal Terms.
12.3 If the Agreement is terminated for any reason, it shall continue in force to the extent necessary to give effect to those of its provisions which expressly or implied have effect after termination.
12.4 Upon termination We shall at Our discretion either carry out or refuse to carry out any outstanding Payment Instruction You may have given to Us.
12.5 If Your mybills.ie Account has not been used for more than one calendar year from the date of the last transaction recorded, the mybills.ie Account and all data associated with the account, including personal data, unless otherwise required by law to be retained, will be automatically deleted from the mybills.ie database. It is Your responsibility to ensure that you retain and, where necessary, print any statements or receipts from your mybills.ie Account activity as may be required by You. Unless where provided for by mybills.ie, mybills.ie does not currently offer a record depository service for documents such as scanned copies of Bills and/or account statements.
13. Amendments to these terms and conditions
13.1 The contents of the Website including these terms and conditions are subject to change by Us by notification on Website and/or by notification to the e-mail address notified by You to Us.
14.1 Each of these Legal Terms is separate from all other Legal Terms, so that if one Legal Term is found to be invalid or unenforceable this will not affect the validity of any of the other Legal Terms.
14.2 If We do not enforce any of the rights We have under these Legal Terms, or if We delay in enforcing them, that does not stop Us from taking any action to enforce Our rights in the future.
14.3 The headings used in these Legal Terms are for ease of reference only and shall not affect the meaning of these Legal Terms.
15. Governing Law and Jurisdiction
15.1 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.