Promontoria Scariff DAC Website Terms and conditions of Use
Introduction
This website (promontoriascariffdac.com) is owned and operated by Promontoria Scariff Designated Activity Company (the “Company”).
References to “you” and “your” mean any person who accesses or uses this website (the “Website”). References to “we,” “us,” and “our” mean Promontoria Scariff Designated Activity Company.
Promontoria Scariff Designated Activity Company is registered in Ireland and listed with the Information Commissioner’s Office.
For enquiries, please contact us at: info@promontoriascariffdac.com
Your Agreement to the Terms of Use
Your access to and use of this Website are subject to these Terms of Use and to our Privacy Policy.
By accessing or using this Website, you confirm that you accept these Terms of Use and our Privacy Policy and agree to be bound by them. If you do not agree, you must stop using this Website immediately.
Changes to Terms of Use
We may update or revise these Terms of Use at any time. The current version will always be available on this Website.
If you continue to use the Website after any changes are posted, you will be deemed to have accepted the revised Terms of Use. For this reason, we recommend reviewing this page regularly.
No Advice Provided
The content of this Website is for general information only. It does not constitute financial or professional advice, nor does it represent a recommendation or endorsement of any product or service.
You are responsible for assessing whether any product or service mentioned on this Website is suitable for your individual needs and circumstances. Any decision to apply for a loan or product listed on this Website is made entirely at your discretion.
We may update, modify, or remove any content on this Website at any time without prior notice.
Links to Other Websites
This Website may contain links to external websites operated by third parties. We are not responsible for the content, accuracy, or operation of third-party websites and do not accept any liability for their use.
When you access another website through a link from our Website, that site’s own terms of use and privacy policy will apply. You should review them carefully before proceeding.
Jurisdiction and Applicable Law
These Terms of Use, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of Ireland.
The courts of Ireland will have exclusive jurisdiction to settle any dispute or claim arising from or relating to the use of this Website.
Consumer Rights
Your statutory rights as a consumer under Irish law, including those under the Consumer Rights Act 2022 and other relevant legislation, are not affected by these Terms of Use. Nothing in these Terms is intended to exclude or limit your rights under applicable consumer protection laws.
Borrower Terms & Conditions
These Terms form part of the Fixed Sum Loan Agreement between you (“Borrower”) and Promontoria Scariff Designated Activity Company. This Agreement is regulated under Irish financial and lending laws.
Pre-Contract Information
You should have received and understood the Pre-Contract Credit Information before entering this Agreement. Contact us with any questions.
Loan Amount and Payment
The loan amount will be paid directly into the Borrower’s bank account via an electronic transaction portal to prevent fraud.
Electronic Signature
By submitting your application electronically, you agree to communicate with us electronically and accept these Terms and Conditions. Your electronic signature signifies your consent to be bound by this Agreement.
Continuous Payment Authority (CPA)
You authorize us to collect repayments by Direct Debit on the agreed dates. Ensure sufficient funds are available. If initial attempts fail, we may retry using debit cards, including any secondary card details provided. You may revoke this authority by contacting us or your bank.
Default and Missed Payments
Failure to pay on time, breach of Agreement terms, false statements during application, death, bankruptcy, or insolvency arrangements may result in account closure and demand for immediate repayment.
If payments are missed, we will attempt collection using authorized bank or debit card details and notify you of issues.
Repayment Obligations
You agree to repay the loan amount, interest, and any applicable charges on the agreed dates. Notify us within 7 days of any changes to your personal or financial information impacting repayments.
Fraud Prevention
If fraud is suspected after Agreement execution, we may attempt to collect the loan without prior notice from your debit or credit card.
Direct Debit Mandate
You must complete a Direct Debit mandate allowing us to collect repayments. Notifications of any changes to payment will be provided at least five working days in advance.
Our Rights
Delays or acceptance of late/partial payments do not waive our rights. We may accept payments marked “payment in full” without losing rights under this Agreement.
Communication
Notices and statements will be sent to your registered email. Some communications may be sent by post, SMS, or phone.
Charges
Reasonable charges may be applied for breaches or extras. No charges for communications like SMS or emails. Legal or recovery costs may be added if the account defaults. Interest is charged daily at 41.16% on outstanding balances.
General
If legal action is required, interest will accrue before and after judgment until full payment. Invalidity of any part of this Agreement does not affect the rest. We are not liable for failures due to system issues or third-party factors. Rights under this Agreement may be assigned by us; you may not transfer yours.
Complaints
Complaints will be handled promptly. Contact: info@promontoriascariffdac.com
Sharing Information
We, regulators, fraud prevention, law enforcement, and selected third parties may use and share your information as necessary for administration, fraud prevention, and legal compliance.
Credit Reference Agencies
We will access your credit file from agencies such as Equifax, Experian, and Callcredit. Searches will be recorded, and defaults may be noted.
Fraud prevention checks will be conducted, and inaccurate information may be recorded and used for credit decisions, debt recovery, and identity verification.
GUARANTOR TERMS & CONDITIONS
(Ireland – Guarantee & Indemnity Agreement)
Important: These Terms & Conditions form part of the Guarantee & Indemnity related to the Borrower’s Fixed Sum Loan Agreement. They must be read together with both the Pre-Contract Information (PCI) and the Loan Agreement. Please review this document carefully and seek independent legal advice before signing.
- Legal Effect
Once the Borrower enters into the Loan Agreement, this Guarantee & Indemnity becomes legally binding. You, the Guarantor, are jointly and severally liable with the Borrower for all sums due under the Loan Agreement. If you have any doubts about the terms or your obligations, contact us or obtain independent legal advice before signing.
- Pre-Contract Information
The Pre-Contract Information contains essential details regarding the credit terms, repayment schedule, and associated costs. You must read and understand these terms before agreeing to act as a Guarantor.
- Loan Amount and Payment Process
To comply with Irish anti-fraud and anti-money laundering rules, the Loan amount will first be transferred to your nominated account. You must then transfer the full Loan amount directly to the Borrower. This ensures transparency and traceability of funds.
- Electronic Communication and Signature
By signing this Guarantee & Indemnity electronically, you:
- Consent to receiving documents and communications electronically via email or the lender’s website.
- Acknowledge that your electronic confirmation (“I Accept”) constitutes your legal signature under the Electronic Commerce Act 2000 (Ireland).
- Agree that this signature has the same legal effect as signing a paper document.
All electronic notices will be sent to your registered email address. You may withdraw consent to electronic communication at any time by notifying us in writing.
- Continuous Payment Authority (CPA)
By agreeing to this Guarantee & Indemnity, you authorise us to collect due payments using the debit card registered with your application. Under a CPA:
- We may debit your account for the total sums owed in the event the Borrower defaults.
- We may attempt to take payment on or after the due date, including multiple attempts if earlier withdrawals are unsuccessful.
- You may cancel this authority at any time by contacting us or your bank, but this does not affect your repayment obligations.
You must ensure adequate funds are available on the repayment date.
- Guarantor’s Responsibilities
As Guarantor, you:
- Guarantee the Borrower’s full performance of their obligations under the Loan Agreement.
- Must pay us the full amount due if the Borrower fails to do so.
- Authorise us to collect payments from any account or card details you have provided.
- Must notify us in writing within 7 days of any changes to your contact, employment, or banking details.
If the Borrower defaults, we may recover the balance directly from you without first seeking payment from the Borrower.If your nominated account is a joint account, you confirm that you have independent authority to use it for this purpose.
You also agree to indemnify and hold us harmless for all losses, claims, or expenses resulting from the Borrower’s default.
If your nominated account is a joint account, you confirm that you have independent authority to use it for this purpose.
You also agree to indemnify and hold us harmless for all losses, claims, or expenses resulting from the Borrower’s default.
- Independence from Borrower’s Circumstances
Your liability as Guarantor is independent of any changes to the Borrower’s Agreement or circumstances. This Guarantee & Indemnity remains valid even if:
- The Borrower’s Agreement is varied, extended, or restructured.
- The Borrower becomes bankrupt or enters an insolvency arrangement.
- We grant the Borrower extended time to pay or choose not to pursue them.
- We transfer our rights under the Borrower’s Agreement.
- Independent Legal Advice
You should not sign this Guarantee & Indemnity unless you fully understand your obligations. Independent legal advice is strongly recommended. You may contact your solicitor or a Citizens Information Centre in Ireland for guidance.
- Notifications and Communication
You must inform us within 7 days if your contact details change. Notices and statements will be sent to your registered email address.
We may also contact you via post, phone, or SMS where appropriate.You can contact us regarding this Agreement at:
Email: info@promontoriascariffdac.com
- General Provisions
Taxes or charges, if applicable, are your responsibility.Calls and communications may be recorded for training or verification purposes.
If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue to apply.
We are not responsible for delays caused by events beyond our control, including system failures, postal delays, or industrial action.
You may not transfer your rights or obligations under this Agreement to another person.
We may, for business reasons, assign our rights without your prior consent, subject to compliance with Irish law.