1. INTRODUCTION

The eFlow rewardcard (the Card) loyalty scheme (the Scheme) is operated by eFlow and is available to holders of active eFlow Tag or Video toll accounts (an Account). These Scheme terms and conditions set out the agreement (the Agreement) that govern the use of the Scheme between you (you or the Customer) and eFlow and are additional to the terms and conditions of use relating to any applicable Account. The Scheme allows eFlow customers to avail of a range of discounts and offers from some of Irelands best known brands that have been made exclusive to the Scheme, a full list of which can be found online at www.eflowrewards.ie website. You are responsible for maintaining up to date personal information including your address, contact information and registration details. You should make updates when your personal information changes. You should make changes to your personal information through your eFlow toll account online by logging onto the My Account page on www.eflow.ie or by contacting the eFlow Customer Service Centre by telephone to 1890 50 10 50 or by post to eFlow, PO Box 11302, Dublin 17, or by fax to +353 1 443 0555.

2. AVAILING OF THE SCHEME

In order to avail of the Scheme you shall have set up an Account either online at www.eflow.ie or by contacting the eFlow Customer Service Centre by telephone to 1890 50 10 50, or by post to eFlow, PO Box 11302, Dublin 17, or by fax to +353 1 443 0555. Once the Account is set up and active your Card will be posted to the primary address on your Account. Existing Account holders may be automatically registered for the Scheme. If this is the case you will be notified and will receive your Card by post to the primary address of your Account. Participants that are automatically registered for the Scheme but do not wish to avail of the Scheme should destroy their Card on receipt. eFlow reserves the right to refuse any application to avail of the Scheme or enter into this Agreement. In the event that you wish to have a copy of this Agreement in a larger print, this can be made available to you on request.

3. ACCEPTANCE OF THIS AGREEMENT

By availing of any of the rewards or discounts offered with the Scheme, you agree to be bound by this Agreement as may be amended from time to time by eFlow. These terms and conditions will prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials, and they do not affect the statutory rights of the Customer.

4. SUPPLY AND USE OF THE SCHEME

4.1 Once you have registered for an eFlow account, eFlow will provide you with your Card and you shall: (a) Not transfer, sell or tamper with the Card or use the Card fraudulently or illegally; (b) Exercise all possible care to ensure that the Card is not lost, stolen or misused and to take all reasonable steps to ensure the safety of the Card; (c) Not transfer or share with another individual to attempt to avail of any of the discounts or offers related to the Scheme; (d) Provide eFlow with all information in your possession regarding any loss, theft or misuse of the Card and take all steps eFlow deems necessary to assist the recovery of the Card; (e) Only use the Card in accordance with this Agreement. 

4.2 In the event that eFlow is of the opinion that the Card is or has been subject to misuse, eFlow will be entitled to cancel or otherwise disable the Card so that no further use may be made of the Card. eFlow shall not be liable to you for any cancellation of the Card due to any actual or reasonably suspected misuse of the Card. 

4.3 eFlow Cards shall remain the property of eFlow at all times and you shall not do anything or permit anything to be done which may constitute a Misuse of the Card. 

4.4 A full list of the Partners offering discounts to goods and services exclusive to the Scheme can be found online at www.eflowrewards.ie. 

4.5 Goods, services and/or discounts offered by Partners in relation to the Scheme are subject to availability and the purchasing of these goods, services or availing of any discount is made directly with the relevant Partner. 

4.6 eFlow has no responsibility for the quality, content, standard or provision of the goods, services or discounts in respect of failure of any Partner or other person to honour the delivery of any goods, service, offer or discount related to the Scheme. 

4.7 The provision of goods, services, offers and/or discounts by Partners participating within the Scheme are subject to the Partner's then current terms and conditions. 

4.8 Partner’s participating in the Scheme will not be treated as agents of eFlow nor will eFlow be treated as an agent of any Partner for any purpose. 

4.9 eFlow reserves the right to vary Partners that contribute to the Scheme at any time with or without prior notice to Customers. 

4.10 Partners reserve the right to vary their offers and discounts at any time with or without prior notice to Customers. 

4.11 There are no cash alternatives from eFlow to any of the goods, services or discounts on offer. 

4.12 Partner discounts and offers are only available to eFlow customers who have been issued with a Card. 

4.13 eFlow shall not be, and shall not be deemed to be, responsible for any delays or difficulties experienced by you in the redemption of offers from Partners contributing to the Scheme. In the case of any difficulties you should contact the Partner directly.

5. EFLOW AND PARTNER WEBSITES

5.1 eFlow shall not be, and shall not be deemed to be, responsible for any delays or difficulties experienced during registration on www.eflow.ie or on www.eflowrewards.ie. 

5.2 eFlow shall not be, and shall not be deemed to be, responsible for any printing or website errors. 

5.3 By accepting these Terms and Conditions you acknowledge and agree that eFlow is not responsible for any information contained on its Partners websites, including those Partner websites that have a direct link from any eFlow website. 

5.4 Links to and within Partner websites do not constitute an endorsement by, or association with, eFlow of such linked sites, or the content, products, advertising or other materials presented on such sites. 

5.5 You acknowledge and agree that eFlow is not and shall not be deemed to be, responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on its Partners websites. 

5.6 eFlow does not warrant that any use of or access to any eFlow website will be uninterrupted by error or virus free, nor shall it have any liability for damage caused by hostile software which may infect an individual’s equipment or property as a result of that individual using or browsing any eFlow website. 

5.7 Although the information and materials contained on eFlow websites are based upon up to date information, and while eFlow makes all reasonable efforts to ensure that all material on the eFlow website is correct, accuracy cannot be guaranteed and eFlow makes no warranties or representations as to its accuracy. 

5.8 The eFlow website shall be used for lawful purposes only. 

5.9 Users of the eFlow website shall not post any material and/or statement on the eFlow website which violates or infringes in any way the rights (including the intellectual property rights) of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, sexist, racist, indecent or otherwise objectionable or, which encourages conduct or is conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable law. eFlow reserves the right to remove any offensive language submitted on the eFlow website at any time and to prohibit or restrict access to the eFlow website as it sees fit.

6. DAMAGED/LOST/STOLEN CARDS

6.1 In the event that a Card is damaged, lost or stolen it is your responsibility to notify eFlow Rewards either by telephone, email, fax or post. 

6.2 For the purposes of this agreement, damage is defined as the rendering of the Card defective or inoperable due to tampering, abuse, improper use, defacement or accidental destruction. 

6.3 Following this notification eFlow will arrange for the Card to be cancelled or otherwise disabled so no further use can be made of it. 

6.4 Where a Card is damaged or lost you are entitled to one replacement Card free of charge. A charge may apply for further replacement Cards thereafter at a cost as applicable at that time.

7. TERMINATION

7.1 eFlow Rewards may be suspended or terminated by eFlow with immediate effect for reasons including, but not limited to: 

    (a) Customer is in breach of any of the terms and conditions of their Account; 
    (b) Customer is in breach of any or the terms and conditions of the Scheme; 
    (c) the Account is closed for any reason by the Customer or by eFlow or; 
    (d) the Scheme ends for any reason. 

7.2 Any such suspension or termination will be without prejudice to any rights, which eFlow may have against the Customer in respect of the Customer’s breach of this Agreement. 

7.3 Once a Customer has been excluded from the Scheme he/she will no longer be able to avail of the offers or discounts offered through the Scheme. 

7.4 If a Customer has been suspended or terminated from the Scheme they will be notified by eFlow as soon as reasonably possible following this act. 

7.5 eFlow may refuse any Customer offers or discounts where there is evidence of abuse or attempted abuse of the Scheme. 

7.5 Incorrect or incomplete eFlow tag or video account registrations will be deemed invalid and the applicant will not be registered as a Customer to the Scheme. eFlow shall not be, and shall not be deemed to be, responsible for entries lost, delayed, misdirected, damaged, or undelivered, whether due to technical difficulties affecting electronic communication or otherwise.

8. SECURITY

You are responsible for the security of any system, code, password or other information used to access any service in respect of the Scheme. eFlow will not be responsible for any unauthorised use of Cards caused by any such unauthorised disclosure.

9. AMENDMENTS TO AGREEMENT

9.1 eFlow reserves the right to vary this Agreement or to terminate or change the Scheme at any time by posting amendments to the Agreement on the eFlow website www.eflowrewards.ie. Any such changes or modifications shall become effective immediately upon posting. You are responsible for periodically checking for any modifications to this Agreement. 

9.2 Continuing to avail of discounts under the Scheme will constitute acceptance by you of any variation to the Agreement of which may have been previously notified. 

9.3 If you do not accept the terms and conditions of this Agreement, or any future alterations, amendments or other changes to the terms and conditions of this Agreement by eFlow, you should destroy your Card to prevent intentional or unintentional use.

10. DATA PROTECTION

10.1 By availing of this Scheme you are consenting to the processing of your personal information by eFlow and its agents for the purposes of the Scheme including the operation of the Scheme. 

10.2 If eFlow transfers the Scheme, or subcontracts the management or operation of the Scheme, it may transfer all of its rights and obligations under this Agreement without any consent from you. 

10.3 eFlow shall use your Account details for the purpose of operating and administering the Scheme only. Customer details will not be used for any other purpose whatsoever. Please refer to eFlow’s privacy statement at www.eflowrewards.ie for further information relating to the collection, use and disclosure of such data.

11. INTELLECTUAL PROPERTY

eFlow grants you a non-exclusive, non-transferrable, limited right to access and use the eFlow rewards website located at www.eflowrewards.ie (the Site) and the material displayed thereon. Such access is subject to the terms of this Agreement and the Terms of Website Use which are set out on the Site at the time of such access.

12. REPRESENTATION AND WARRANTY

You represent and warrant to eFlow: 
    (a) the information disclosed to eFlow in connection with this Agreement is true and correct; 
    (b) you have validly accepted this Agreement; and 
    (c) this Agreement constitutes your valid and binding obligations.

13. ASSIGNMENT

13.1 eFlow may assign, transfer or otherwise dispose of its rights, obligations and interest in or under this Agreement to any person at any time. 

13.2 You may not assign, transfer or otherwise dispose of its rights, obligations and interest in or under the Agreement.

14. LIABILITY

14.1 To the maximum extent permitted by law, in no event is eFlow nor its agents responsible for any direct, incidental, special, consequential, indirect, or punitive damages of any character, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) arising from the Scheme including without limitation damages for loss of goodwill, computer failure or malfunction and all other commercial damages or losses. 

14.2 Without prejudice to the foregoing, eFlow shall not be liable to you for any loss, damage or personal injury to any individual, or to their property or otherwise caused or suffered in connection with the Scheme.

15. MISCELLANEOUS

The terms and conditions set out herein are an addition to the terms and conditions applicable to the Account and combined, constitute all the terms and conditions of the Agreement. You acknowledge that you have not relied upon any representation save for any set out in these terms and conditions. The interpretation of this Agreement shall be governed by Irish law and the Irish courts have jurisdiction to resolve any dispute in relation to the Agreement.

16. PROVISIONS SEVERABLE

Each of the provisions contained in these terms and conditions shall be severable and distinct from one another and if any one or more of such provisions is now or hereafter become invalid, illegal or unreasonable, the validity, legality and enforceability of the remaining such provisions shall not in any way be affected, prejudiced or compared thereby.

17. NOTICES

17.1 Where either you or eFlow is required to notify the other pursuant to this Agreement, or otherwise wishes to communicate with the other, such notice or communication may be served: 

17.2 In your case to eFlow: (a) By posting to eFlow, PO Box 11302, Dublin 17, Ireland; or (b) By email or facsimile transaction to: such email address or facsimile number as may be notified from time to time; or 

17.3 In the case of eFlow to you: (a) By posting or delivering to such address as is recorded in the Account (as may be changed from time to time in accordance with the Account Agreement) or such other address as may be contemplated by the Roads Acts 1993-2007; (b) By email to: such address as is recorded in the Account (as may be changed from time to time in accordance with the Account Agreement); or (c) By such other means as eFlow may consider appropriate. 

17.4 Any notice or communications so served shall be deemed duly served: 
    (a) In the case of post, forty-eight (48) hours after posting or if undelivered by hand, on delivery; 
    (b) In the case of email, upon delivery; or
    (c) In the case of facsimile transmission, upon confirmation on receipt by the addressee. If notification is by telephone or in person, it will only be      effective if confirmed by written notice served in accordance with this clause within seven days of such notification by telephone or in person.