Terms and Conditions GlenEV Technologies Ltd Service
In the Agreement the following words and expressions shall have the following meanings unless the context otherwise requires:
“Account” the User’s account with GlenEV Technologies Ltd ;
“Registration Page” the online or application which must be completed prior to opening an Account;
“Agreement” the agreement between the User and GlenEV Technologies Ltd for the maintenance of an Account and on the terms and conditions set out herein, together with the Registration Page which may be published by GlenEV Technologies Ltd from time to time;
“Method of Payment” a payment made by credit card or debit card;
“Receipt” means an email issued as evidence of a valid Transaction;
“SMS” means a communication service, using standardised communications protocols allowing the interchange of short text messages between mobile telephone devices;
“Statement” the Account statement for the previous 3 months (or such other period as GlenEV Technologies Ltd may from time to time decide) showing amounts received from the User, the amount of Transactions, and such other information as GlenEV Technologies Ltd may deem appropriate from time to time;
“Transaction” means the submission of a payment online by a User and the consequential issue of a Receipt to the User;
“User” the person issued with an Account by GlenEV Technologies Ltd
References to GEV or GlenEV Technologies Ltd and/or any of its subsidiaries and include their assignees and references to GlenEV Technologies Ltd 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 persons shall include bodies corporate and unincorporated, associations, partnerships and individuals. References to the masculine gender shall, unless the context otherwise requires, include the feminine gender and vice-versa.
References to cent, euro or EUR shall mean the lawful currency for the time being of Ireland. 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.
- Collection of Charges
1.1 Upon application to GlenEV Technologies Ltd for an Account, the User will complete a Registration Page and will:
- (a) indicate his/her proposed Method of Payment;
- (b) provide requested details relevant to his/her proposed Method of Payment.
- (c) agree that their Method of Payment (credit or debit card) will be automatically charged a top-up sum (e.g. €20) at such time as their account credit falls below the minimum (e.g. €15.00)
1.2 GlenEV Technologies Ltd shall be entitled to deduct sums and charges due to it pursuant to the terms hereof. The charges which GlenEV Technologies Ltd may deduct under this clause shall (without prejudice to the generality of the foregoing) include such charges as GlenEV Technologies Ltd may notify from time to time in connection with misuse or the issue of additional statements or reports to the User.
1.3 GlenEV Technologies Ltd may make available on its website for viewing by the User an on-line transaction statement detailing each individual transaction on the Account for the previous 30 days or such other period as GlenEV Technologies Ltd may from time to time determine.
On request, GlenEV Technologies Ltd may also provide such transaction statement to the User by ordinary post at a charge as may be notified by GlenEV Technologies Ltd in accordance with this Agreement.
2.1 The Agreement may be terminated at any time by notice from:
- (a) GlenEV Technologies Ltd to the User, if the User goes bankrupt or is otherwise unable to pay his/her 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 User or an examinership order is made in respect of the User or an order or an effective resolution is passed for the winding-up of the User;
- (b) The user has insufficient funds on their account to meet the minimum balance for a period of 30 days;
- (c) The users balance drops below €0 (zero funds) and does not rectify the situation after a period of 7 days.
2.2 Any termination of the Agreement pursuant to this clause shall be without prejudice to any other rights or remedies accrued to the parties.
3.1 Where either party is required to notify the other according to the Agreement or otherwise wishes to communicate with the other party such notice or communication may be served, in the case of GlenEV Technologies Ltd by posting by recorded delivery post to GlenEV Technologies Ltd Customer Care, GlenEV Technologies Ltd, Eden Gate Centre, Farrankelly, Delgany Co. Wicklow, or, in the case of the User by posting by recorded delivery post or email (where an email address has been provided by the User) to the address last notified to G EV Top Up.
3.2 Any notice or other communication so served shall be deemed duly served forty-eight hours after posting or upon delivery or at the time of transmission or sending depending upon whether it is sent by post or by email respectively.
3.3 If notification is by telephone or in person it will only be effective if confirmed by notice served in accordance with this Clause 3 within 7 days.
3.4 GlenEV Technologies Ltd may also notify Users of changes to this Agreement by publishing a notice of such changes on www.G EV Top Up.ie or on Service Providers websites provided however that such changes shall not come into effect until at least 10 days after such publication.
- Changes to Terms and Conditions
The terms and conditions of the Agreement may be changed by GlenEV Technologies Ltd at any time and any such changes will be notified (in accordance with Clause 10.4) to the User prior to coming into effect.
GlenEV Technologies Ltd shall be, but the User shall not be, entitled to assign transfer, charge the rights, benefits and burdens hereunder.
- Data Protection
Any information given by the User in relation to any loss, theft or misuse may be passed on to the Garda together with any other information GlenEV Technologies Ltd considers relevant to the operation of a Parking Scheme.
7.1 There shall be no waiver of any terms or conditions unless such waiver is evidenced in writing and signed by the waiving party.
7.2 No omission or delay on the part of either party in exercising any right, power or privilege 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.
7.3 The rights and remedies herein are cumulative with and not exclusive of any rights or remedies provided by law.
- Entire Terms and Conditions
The terms and conditions set out herein (together with the Account Application Form (Registration Page) which may be published by GlenEV Technologies Ltd from time to time) constitute all the terms and conditions of the Agreement. The User acknowledges that he/she has not relied upon any representation save for any set out in these documents.
- Governing Law
The interpretation of the Agreement shall be governed by Irish Law and the User irrevocably submits to the exclusive jurisdiction of the Irish courts.
- Force Majeure
If the use of the GlenEV Technologies Ltd Account is prevented or hindered by any matter beyond the control of GlenEV Technologies Ltd 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 GlenEV Technologies Ltd until such prevention or hindrance comes to an end.