Terms & Conditions

General

Please read the following terms and conditions (“Terms”) carefully before using this Website as they contain important information regarding your legal rights, remedies, and obligations.  These Terms are intended to cover use of our Website by all Users.

This Website contains general information about Co-Operative Housing Ireland Society Limited (“CHI”).  It also contains information about services that we provide both through this Website and otherwise and allows you to contact us in relation to the provision of these services and to make certain payments online(“Services”).

Your use of the Website is subject to the Terms, which may be changed from time to time. By using the Website or and Services provided by CHI, you agree to be bound by these Terms.  The content of the Website is for general information purposes only and the materials contained on the Website are not intended to provide advice.

Co-Operative Housing Ireland Society Limited is a charity registered under the Industrial and Provident Societies Acts 1893 – 2014.

Your use of the Website is subject to and signifies acceptance of the Terms and your agreement to be legally bound by them. If you do not agree to any of the Terms, you must stop accessing and using the Website and all services available via the Website to you immediately.

CHI may amend the Terms at any time by publishing an updated version of the Terms and you will be bound by such changes.

These Terms should be read in association with our Privacy Policy and Cookies Policy.  Our Data Protection Policy sets out the terms upon which we process any personal data we collect from you or that you provide to us and by using our Site, you consent to such  processing and will only provide data which is accurate.

1.             Definitions

In this agreement:

“Customer “/ “you”   means anyone accessing our Website.

“Content” means any content in any form published on our Website by us or any third party with our consent.
“Payment” means any payment made towards your rent account.
“Website” The CHI Website www.cooperativehousing.ie and related services (including browsing access, payment portals, social networking services, mobile applications, subscriptions for updates and newsletters or any other services provided on the Website) are made available to you strictly in accordance with the following Terms

2.             Interpretation

  • any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
  • any obligation of any person arising from this agreement may be performed by any other person;
  • in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
  • the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
  • a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
  • in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
  • this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.             Payment

 

  • We accept all credit and debit card transactions which are processed through our payment service provider (Stripe). This is a secure payment gateway which encrypts your credit and debit card details.  CHI will not retain your credit card details.  We will take all reasonable precautions to ensure that our Website is secure however we cannot guarantee the security of the Website or that your information will not be intercepted by third parties.  We are not liable for the actions of any third parties.  Please note if you hold an international credit card that additional payments may apply.
  • If you use Our Website in any way and make a payment on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
  • The minimum payment allowed is €30.00.
  • If in future, you make an on-line payment to us under any arrangement which does not involve your payment via the Website; these terms still apply so far as they can be.

4.             Acceptance of your Payment

  • Your payment will be applied to your rent account. We shall acknowledge your payment by e-mail confirmation.
  • It is essential that you include the Occupancy ID on all payments.
  • We reserve the right to refuse access to the payment portal at our sole discretion.

5.             Price and payment

  • Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment will be borne by you.
  • If we owe you money as a result of this transaction, we will credit the credit or debit card that was used, on your request, as soon as reasonably practicable but in any event no later than 10 working day from the date when we accept that a repayment is due.

6.             Security of your credit card

We take care to make Our Website safe for you to use however card payments are not processed through pages controlled by us. We use an online payment service provider (Stripe) who encrypt your card or bank account details in a secure environment. Card details are not available to or retained by Co-operative Housing Ireland. They are only available to the payment service provider.

7.             Disclaimer and Limit of Liability

  • By choosing to use our Website which are subject to the Terms you avail of the Services at your own risk. CHI has no liability whatsoever for any loss or damage arising out of or connected with any inaccurate or incomplete information submitted by you whether through this Website or otherwise.  We will take every precaution ensuring that the information on our Website is up to date however we expressly exclude any liability for any inaccuracies and give no warranty and make no representations (express or implied) of any kind in relation to this Website, any materials, content or information contained on it or any materials content or information of any third party websites referred to or accessed through this Website.  CHI do not endorse or approve any third party website and have no liability in relation to any third party website.

To the fullest extent permitted by law neither CHI nor any of its employees, agents, partners, consultants or members will be liable for any loss or damage arising out of or in connection with your use of this Website or any contain tor information contained thereon or service offered through the Website.

  • We shall under no circumstances be liable to you for any loss or expense which is indirect or consequential loss, economic loss or loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we had been advised as to the possibility of such loss.
  • This clause (and any other paragraph which excludes or restricts our liability) applies to CHI and our directors, officers, employees, subcontractors, agents and affiliated co-operatives and members.
  • If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us through our website. We welcome your input but do not guarantee to agree with your judgement.

 

 

8.             Security of Our Website

If you violate the Website we shall take legal action against you.

You agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of the Website, or any software used within it.
  • link to the Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a user who accessed the Website by typing the URL into a standard browser;
  • download any part of the Website, without our express written consent;
  • collect or use any information obtained from or about the Website or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from the Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Website;
  • Despite the above terms, we now grant a licence to you to:
    • create a hyperlink to the Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

9.             Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country;
  • your breach of this agreement;
  • any act, neglect or default by any agent, employee, licensee or customer of yours;
  • a contractual claim arising from your use of the on-line payments service
  • a breach of the intellectual property rights of any person.

10.        Intellectual Property

  • All Content, information, text, graphics, content, images, logos, trademarks data, software and names on this website are protected by intellectual property law. We will defend the intellectual property rights in connection with the Services and our Website
  • You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of this Website in whole or in part.
  • You may not use our name or logos or trademarks or any other content on this Website in any way without our written prior consent.

11.        Governing Law and Dispute resolution

These terms and conditions of use and all issues regarding the Website and your use of our Services shall be governed by the Laws of Ireland.

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  • If you are not happy with our payment services then you must tell us by email message to [email protected]
  • If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  • We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

12.        Miscellaneous matters

  • When we communicate with you, we do so by email or letter. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  • If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • The rights and obligations of the parties set out in these Terms shall pass to any permitted successor in title.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • Any communication to be served on either party by the other shall be delivered by hand or sent by registered post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  • So far as the law applies, and unless otherwise stated, these Terms do not give any right to any third party.
  • Neither party shall be liable for any failure or delay in performance of these Terms which is caused by circumstances beyond their reasonable control.
  • The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland and you agree that any dispute arising from it shall be litigated only in the Irish Courts.
  • The Website and Services are not intended for use by anyone under the age of 18.