An Post App Terms of Use

These terms of use (the “Terms”) are a legal agreement between you and An Post when you access and use the An Post mobile application software (the "App"). The words “you” and “your” mean you as a user of the App, and the words “we”, "us", "our" mean An Post.
Please read these Terms and accept them by ticking the box "Accept" before using or accessing the App.  If you do not accept these Terms, you should not use the App and may continue to make use of An Posts services and access its services through An Post post offices or on the An Post website. 

1. Using the App
   1. In order to use this App you must be resident in Ireland.  
   2. The terms and conditions (“service terms”) which apply to the range of services (“services”), which An Post provides to you, will continue to apply in full to those services when you access and use them through the App.  Where you are using certain services through the App, you will be separately asked to agree to the appropriate service terms.  If there is any inconsistency between these Terms and the service terms, the service terms will apply.  You can find all our service terms and conditions at https://www.anpost.com/Terms-Conditions.
   3. We do not charge for use of the App.  However, our standard charges and transaction fees, as explained in our service terms, will apply when you use the App to enter into a transaction or to do anything else to which a charge ordinarily applies.  You may also have to pay charges under your contract with your mobile network operator or internet service provider.  You will need to check those charges directly with your mobile network operator or internet service provider.
   4. The ways in which you can download or use the App may also be affected by the rules and policies of the app stores through which you have downloaded the App.  The relevant app store’s rules and policies will apply instead of these Terms where there are differences between the two.
2. Your instructions to us using the App
   1. When you use the App, you irrevocably authorise and instruct us to act upon the instructions received from you through the App.  You must ensure that all instructions given to us through the App are accurate and complete, and (where applicable) prior to confirming any such instruction, shall ensure that the instruction as relayed back to you for the purpose of confirmation is complete and accurate.  You are solely responsible for the completeness and accuracy of each instruction.  We may act on your instructions and requests without taking any further steps to ensure that the instructions or requests are genuine.
   2. In most circumstances, you cannot adjust or cancel any instructions given through the App and the instructions given by you shall be final and completed by us without further instruction, unless otherwise explained in our service terms at https://www.anpost.com/Terms-Conditions.
   3. We may refuse to process any instruction or request for information received through the App if:
      1. we suspect that the App is being used for fraudulent purposes; or
      2. we suspect that the App is being accessed and / or used in an irregular or unauthorised manner (although please be aware that this is at our discretion and we are not liable for any failure to do so).
3. Data Protection and Cookies
   1. An Post respects your privacy.  We will at all times comply with our obligations under data protection law and our Privacy Statement. Our Privacy Statement sets out in detail how we collect and use your personal data in accordance with data protection law and our Cookie Policy sets out the different types of cookies and similar technologies that may be applied on the App. Both our Privacy Statement and our Cookie Policy can be viewed at https://www.anpost.com/Privacy
   2. Certain services may make use of location data sent from your mobile device. You may turn off this functionality at any time by turning off the location services settings on your mobile device or on the App.
4. Your right to use the App and An Post’s Intellectual Property Rights
   1. You agree that all intellectual property rights relating to the App, its source and object code and other materials used as part of the operation of the App and the provision of our services, remain the property of An Post and you agree that you shall not copy, modify or adapt the App or Related Materials in any way.
   2. You have a limited right to access and use the most recent version of the App solely in connection with our services, provided all copyright, trademark and other proprietary notices are left intact.  Copies made incidentally in the ordinary course of your use of the App (such as in cache memory) are permitted, provided you do not delete or change any copyright, trademark or other notice.  You are prohibited from copying, reproducing or using, in any other way whatsoever, any part or all of the Intellectual Property,
   3. You may use the App only for lawful purposes.  You must not:
      1. use the App on behalf of any person other than yourself, or dishonestly access any other person’s accounts or services using the App;
      2. send, knowingly receive, upload, download, use or re-use any virus, malware, malicious code or any material which does not comply with these Terms;
      3. interfere with, damage or disrupt any part of the App or any service or any network or equipment used in the provision of the App or any service; or
      4. copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the App in whole or in part, or access the App using any automated tools.
5. Availability of service
   1. An Post will use reasonable endeavours to ensure that the information available to you through the App will be as up-to-date as our systems permit at the time of your use or enquiry.
   2. We will do what we reasonably can to make the App available to you without interruption or delay.  However, we cannot guarantee that the App, or any content on it, will always be available or be uninterrupted.  We may need to suspend or withdraw or restrict the availability of all or any part of the App for business, operational, technical or legal and regulatory reasons.  This may include periods when we are upgrading the App to improve performance, enhance functionality or address security issues.   When the circumstances permit, we will try to give you reasonable notice when we plan on doing this, and do as much as we reasonably can to keep any disruption to a minimum.
   3. Some interruptions and delays, for example, interruptions or delays caused by transmission or computer system virus or corruption, cyber risk, system or communications failure, may be outside out control.  We will do what we reasonably can to resolve any issues within our control.
   4. The services available to you through the App may vary from time-to-time at our discretion and depending on the device you are using.  We do as much as we can to design and test our App to work on the latest versions of the most popular mobile devices.  However, if you have an older device or system, or one which is no longer supported by the manufacturer, you may experience difficulties using our App and may not be able to use all of its functions.
6. Our liability to you
   1. We will do what we reasonably can to make the Service available to you as set out in these Conditions.  However, we will not be liable to you for any failure or delay in performing any of our obligations under these Terms where that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control (for example, a delay or failure in the transmission of a message or communication through a mobile network or failure of a telecommunications network, labour dispute, or an act of a government or regulator). 
   2. An Post may be liable where App is not provided in conformity with these Terms or if it has been negligent and we may be liable to pay compensation in those circumstances.  Evidence of loss will be required.  An Post may not be liable however for all loss, for example:
      1. where you have provided information which is wrong or insufficient for the functioning of the App as been provided;
      2. if loss is caused by failure to comply with these Terms, or any other agreement which relates to your use of the App;
      3. where there has been any fraudulent or unauthorised use of the App, including where your security credentials have been used, or if you have acted in any fraudulent or negligent manner
      4. where, after you have been provided with instructions on how to apply an update, you have not downloaded the most up to date version of the App, or if you are unable to download the App for any reason;
      5. where your loss is due to circumstances outside our control;
      6. if you are a business and not a consumer, for any loss of profit, business, contracts, revenues, anticipated savings, opportunities, goodwill or for any indirect or consequential loss or damage using the App with or without authorisation.
   3. This section Our liability to you does not affect our liability as set out in the service terms relating to the service(s) in connection with which the App is used, if we have acted fraudulently, with gross negligence or are in deliberate breach of our obligations, or law or regulation does not permit us to limit or exclude our liability to you.
7. Your liability to us
   1. By using the App, you are agreeing to comply with these Terms. If you do not comply with these Terms, and we suffer losses or incur costs, we can claim these back from you.   If it is considered reasonably necessary to do so, we may terminate you right to use the App, as explained in the Term and Termination section below. 
   2. This section (Your liability to us) does not affect our liability as set out in the service terms relating to the service(s) in connection with which the App is used.
8. Term and Termination
   1. These Terms will continue to apply for as long as you use the App, unless you decide to terminate them.  You can do this at any time without having to explain your reason, either by letting us know or by stopping your use of the App.  If you uninstall or stop using the App for any reason (including if you or we terminate your agreement with us), you may not be able to access and use all of An Post’s services.
   2. We may terminate your right to use our App at any time, on not less than 60 days’ notice to you, unless under applicable law we are required to give you longer notice.  However, we reserve the right to terminate this agreement or suspend your use of the App without notice:
      1. if you cease to be a customer of An Post;
      2. in the event of your death, legal incapacity or if you are no longer, in our opinion, able to manage your financial affairs;
      3. if we terminate the right for you to access or use any accounts or services under any agreement with you;
      4. if you materially breach these Terms or we reasonably believe that the App has been used, by you or using your security credentials, in a manner which is negligent, illegal, fraudulent or for other inappropriate purpose including where such actions are by a third party as a result of your negligence or recklessness; or
      5. we are required to do so by law or regulation.
   3. We reserve the right to process or cancel any instructions received through the App which are in progress on termination and / or suspension of your use of the App.
   4. Even if these Terms have been terminated, both you and An Post will be able to rely on some sections in connection with use of the App before termination (for example, the “Our liability to you” and “Your liability to Us” sections) and / or where those sections are necessary to protect you or us on an ongoing basis even after termination (for example, the “Your right to use the App and An Post’s Intellectual Property Rights” section).
9. Changes to these Terms
   1. We may need to change these terms to reflect changes in law, best practice or changes in the functionality of the App.  We will give you reasonable notice of any material changes to these Terms.  The current, up to date version of these Terms will be available at https://www.anpost.com/Terms-Conditions.
   2. If we notify you of a change, and you continue to use the App, we will assume that you have agreed to the changes. If you do not agree with any of the notified changes, you should stop using the App and delete the App from your device.  In that case, you may continue to make use of An Post’s services and access its services through An Post Offices and the An Post website. 
10. Other legal provisions
    1. If a court decides that we cannot rely on any of these Terms, for any reason, that provision will not apply to the extent decided by the court.  The rest of these Terms will continue to apply.
    2. An Post may decide to transfer its rights and obligations under these Terms to another organisation.  We will let you know if that happens, and will ensure that your rights under these Terms are protected as required by applicable law. 
    3. Your right to use the App is personal to you.  You cannot assign or transfer your right to use the App to anyone else.
    4. Irish law applies to these Terms, and any dispute will be subject to the decision of the Irish courts.