Terms & Conditions
These terms and conditions are for the website (accessed through www.cabotfinancial.ie) for Cabot Financial (Ireland) Ltd (referred to as “Cabot Financial/we/our/us”), full company details appear at the end of these terms and conditions.
- read through these terms and conditions carefully before using this corporate website
- print a copy for future reference
1.1 You acknowledge that if your use of this website is for business purposes then your use is in the course of your employment and you are using this website with the permission of your employer or entity/organisation that you represent, as such use by you will bind the employer/organisation on whose behalf you are making such use, to the prevailing terms and conditions. If you do not have permission from your employer or entity/organisation, then you must not access or use this website. Accordingly, ‘you/your’ shall also include your employer or entity/organisation.
1.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.3 When you use any services on this website, please also read any additional information provided on the relevant web pages as this information will provide you with important information, full details on how to use such services and other legal information.
- Intellectual Property
2.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to), in any way, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content whatsoever without our prior written approval.
- Liability and Indemnity
3.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
3.2 Subject to Section 3.1 above, Cabot Financial will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses, bugs or Trojans of any kind or represents the full functionality, accuracy, reliability of the website. Cabot Financial will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Cabot Financial accepts no liability of any kind for any loss and/or damage from action taken or taken in reliance on material or information contained on the site.
3.3 Subject to Section 3.1 above, other than as expressly provided in these terms and conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
3.4 Subject to Section 3.1 above, Cabot Financial will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
3.5 We will take all reasonable measures to safeguard any details submitted using the secure website, but we cannot be held liable for any loss and/or damage caused whatsoever as a result of unauthorised access to information provided by you, unless we are proven to be negligent.
- Miscellaneous Provisions
4.1 These terms and conditions form the whole agreement between you and us for your access to and use of this website and shall be governed by the laws of Ireland and any dispute between us will be resolved exclusively in the Irish courts.
4.2 Cabot Financial shall be under no liability for any delay or failure to otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
4.3 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that by you accessing any linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including, without limitation, any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
4.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party or whatsoever unless agreed upon in writing by Cabot Financial.
4.5 Cabot Financial reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions and/or any other terms and conditions to any third party and/or any person or legal entity within the Group and “Group” shall mean Cabot Credit Management Group and its associated Companies.
4.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
4.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
4.8 No delay or failure by Cabot Financial to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Cabot Financial.
4.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Cabot Financial relating to the use of this website and sets forth the entire agreement and understanding between you and Cabot Financial for your use of this website. This Cabot Financial website (www.cabotfinancial.ie) is operated by Cabot Financial (Ireland) Ltd.
Cabot Financial (Ireland) Ltd. provides credit servicing for both its regulated and non-regulated financial services clients.
Cabot Financial (Ireland) Ltd complies with all applicable regulations under the regulatory regime of its regulated clients.
For credit servicing activities performed by Cabot Financial (Ireland) Ltd for non-regulated financial services:
- Cabot Financial (Ireland) Ltd stands authorised as a Credit Servicing Firm pursuant to section 34F of the Central Bank Act 1997.
- Cabot Financial (Ireland) Limited is a member of Cabot Credit Management Group.
- Cabot Credit Management Group is authorised and regulated by the Financial Conduct Authority.
4.10 In line with the Payment Services Directive 2 2017 (PSD2) legislation, we are responsible for ensuring your card payment details are protected. We have implemented administrative, technical, and organisational procedures to protect card information that is stored in our servers from unauthorised access, accidental loss, modification, or disclosure to help tackle the rising levels of online fraud.
PSD2 introduces the use of Strong Customer Authentication (SCA) and 3D Secure 2 (3DS v2). SCA aims to make online payments more secure through two factor authentication, to help confirm your identity when using your card details online. Our services require you to go through two factor authentication when signing into our website and app through the use of a password, phone, or email code confirmation, and/or fingerprint or voice pattern. There are some payment types that are exempt for SCA which include:
- low-value transactions (below €50 or £45 in the UK)
- recurring transactions (Direct Debits or regular card payments or subscriptions for the same amount and payee). These will require SCA for initial set up and subsequent amendments
- contactless transactions under €50 (or £45 in the UK)
- unattended terminals (e.g. parking meters or public transport)
- whitelisting – customers can ‘whitelist’ merchants as ‘trusted beneficiaries’ and won’t need to authenticate with them once an initial check is completed. Issuers can still reject requests where they believe there is a high-risk of fraud
- Transaction Risk Analysis (TRA) – this may apply if a transaction is low-risk
3DS v2 will also help support two factor authentication under PSD2 and was rolled out in response to these regulatory requirements. 3DS v2 is an authentication protocol through a rich data exchange and can be triggered by your card merchant/issuing bank after you have entered your card details. To verify your identity, your card provider will aim to authenticate the payment through a one-time password (OTP) or using biometrics, such as a fingerprint.
When making a payment on our website, you can choose to save your card details for a smoother journey the next time you choose to pay online, if you are logged in. These stored credentials can always be removed whenever you wish through the payment options page after you log in to your customer account.