TERMS OF SERVICE
Agreement
If you wish to use the services of Transact.ie please read the following terms and conditions carefully. Transact.ie is the trading name of Pangea Ireland Digital Limited. Once you access our portal, these terms and conditions and our Privacy Policy form a binding contract between you and Pangea Ireland Digital Limited (Pangea). If you do not agree to these terms and conditions, please do not use our services.
Privacy Policy
Please read our Privacy Policy carefully for information on how we collect, use and disclose information from our Users. If you are a corporate User, you grant us the right to use your logo on our portal and our website and in other promotional materials. If you do not wish us to use your logo, please notify us by email at info@transact.ie
GDPR
You consent to the use of your relevant information on the portal; information pertaining to your identity, address, financial arrangements with a Bank/mortgage provider or broker, PPS number, identity of your solicitor and other related information. You also consent to us contacting Stakeholders on your behalf, for example contacting the bank to speed up the issuing of your Title Documents, contacting Stakeholders regarding delays in your transaction etc.
Confidentiality
Keeping your information confidential is important to us. In property transactions however, some information must be shared. All information displayed on the Portal will only be visible to the relevant Stakeholder i.e. only the Buyer and Seller’s solicitors can see their communication between each other; only the Buyer and Buyer’s solicitor see communications between each other. Each Stakeholder will have role based access which will ensure all information that they dispense will only be viewed by authorised parties.
Limitation of Liability
We do not warrant the standard of services provided by any of the Stakeholders and we shall not be liable by reason of any representation or warranty, condition, duty of common law or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by its negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages and in any event wherein we are found to be at fault in any respect by a court of law, we limits our liability to you howeversoever arising to the sum of €10 per transaction.
Legal advice
It remains the responsibility of the Buyer’s solicitor to verify the accuracy and acceptability of all documentation in the Data Room pertinent to the purchase of the property and the principal of Caveat Emptor still applies. Transact.ie will take no liability for information posted to the Data Room by any third parties. You will be deemed to have received detailed legal advice relating to all documentation to be found in the Data Room whether or not such advice has been sought or received by you and you acknowledge that documents in the Data Room have been provided by others and that consequently we are not responsible for the completeness or accuracy of the documents.
Altering these Terms and Conditions
Transact.ie may make changes to these terms, including pricing (and any linked documents) from time to time. Unless otherwise noted by Transact.ie, material changes to the terms will become effective 7 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately.
If the Sale Does Not Go Through
If you as the Seller withdraw the property from the market before Contracts are signed, then you are responsible for the entire costs incurred and you agree to pay those costs directly to the firms concerned.
Signing Documents
The Seller and Buyer agree to sign documents as requested by their solicitor within five working days of the request. This may be in person or digitally.
Description of Property
All statements made in the Particulars or otherwise relating to any Property on the Portal are made without responsibility on the part of Transact.ie, the Estate Agent or the seller of the Property. No such statement may be relied upon as a statement or representation of fact. Neither the Seller nor the Estate Agent nor Transact.ie nor any person in their employment has any authority to make or give any representation or warranty whatever in relation to any Property. Caveat emptor applies to every property transaction.
Changes to Property Details
Buyers should be aware that details relating to the property (such as the price) may be posted by the Estate Agent in a number of places, such as the Estate Agent’s website, Daft.ie, myhome.ie etc. and those details may change from time to time. Buyers are responsible for checking these sites and checking with the Estate Agent so that they are on notice of any changes.
No Duty of Care
You acknowledge that to the extent permitted by law Transact.ie owes no duty of care to you and that you have no claim against Transact.ie for any loss arising from using the Portal or for any technological inability to participate in the process.
Withdrawing a Property from the Portal
We may withdraw a property from the portal at any time prior to the conclusion of the transaction without liability to you for any losses or abortive costs you may incur.
Selecting your Solicitor
If you wish to use this Portal, you may select a solicitor to represent you from our panel. You indicate acceptance of the engagement letter of your selected solicitor by ticking the appropriate box and you should ensure that you understand these as Transact.ie will be not be responsible for any legal advice provided by solicitors.
While we facilitate the conveyancing of property, the Solicitors alone are responsible for the conveyancing process, including contacting their respective clients, ensuring the signing of all documents required to close the transaction and for liaising with all Banks involved regarding the drawing down or repayment of any outstanding loans.
Transact.ie does not accept any responsibility for the selection or performance of the solicitor and any action for negligence or otherwise arising in relation to the transaction with regard to any aspect of the transaction and that shall be a matter between you and the solicitor.
Closing
Our aim is to reduce the time it takes for a transaction to close. Our Portal is designed to speed up transactions – however there are events which may slow the Transact.ie process down that are outside our control, some examples of which include; Bank delays
– some banks are still using outdated communication methods such as post, fax and cheques and we do not take responsibility for poor performance if it does occur; Chain Impacts – if you are involved in a transaction which includes multiple non Transact.ie properties then this may slow down the speed of your transaction; Government bureaucracy – Local Councils and Revenue may be required to
provide information as part of your transaction – we cannot take responsibility for any delays that occur in the provision of this information.
Warranty Disclaimers
You understand and agree that we explicitly disclaim any warranties to the maximum extent permitted by law, whether express, implied statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
You use the Portal at your own risk. We do not warrant that the operation of our Portal will be uninterrupted, error-free, or without malicious programs or other defects.
We do not warrant that the Portal will meet your requirements or be available on an uninterrupted, secure, or error-free or virus-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness of the information contained on the Portal and no information, advice or services obtained by you from us shall create any warranty not expressly stated in these Terms.
Use of the Portal is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Portal. You are responsible for securing and backing up your data. The entire risk arising out of use, security or performance of the Portal remains with you.
If you are not satisfied with the Portal please stop using it. Using the Portal means that you have no claim against us.
Indemnity
You will indemnify and hold harmless Transact.ie and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or your violation of these Terms.
Your Account
You must have an Account and be approved by Transact.ie to use our services, and you are responsible for the information you provide to create the Account. If you become aware of any unauthorized use of your password or your Account you must notify Transact.ie as promptly as possible.
Transact.ie has no obligation to provide Buyer/Bidder multiple logins or access.
New Features and Services
Transact.ie may make commercially reasonable updates to the services from time to time and may:
- make new applications, tools, features or functionality available from time to time through the Portal and (ii) add new services from time to time the use of which may be contingent upon your agreement to additional
Payment Terms
There will be no direct handling of monies by Transact.ie. You are responsible for discharging all professional fees you incurred or agreed to incur.
Restrictions
You will not, and will not allow third parties under your control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (b) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (c) create multiple Applications, Accounts to simulate or act as a single Application/ Account or otherwise access the Portal in a manner intended to avoid incurring Fees.
Intellectual Property Rights
Transact.ie owns all Intellectual Property Rights in the Services and Software and all Intellectual Property Rights in any Data you or any Stakeholder uploads to the Portal.
Feedback.
If you provide us with feedback about the Portal, then we may use that information without obligation to you, and you hereby irrevocably assigns to Transact.ie all right, title, and interest in that feedback.
Deprecation of Services
We may discontinue any services or any portion or feature for any reason at any time without liability to you.
Term
The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in the below
Termination
We may terminate this agreement for our convenience at any time without liability to you. You will still be liable for any fees incurred with professional parties up to that point.
Effect of Termination
If the agreement is terminated, then your rights will immediately cease
Representations and Warranties
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable.
Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Buyer/Bidder’s payment obligations.
ATRs
If you are a solicitor and have accepted instructions from a seller to act on his/their behalf, your request to the Bank to take up title documents on Accountable Trust Receipt will automatically be generated and transmitted to the Bank. You agree that Transact.ie is authorised to act on your behalf to contact the Bank in the event of delays in the release of title documents.
Miscellaneous
These Terms and Conditions constitute the entire and exclusive understanding and agreement between us and you, and they supersede and replace any and all prior oral or written understandings or agreements between us and you.
If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
You may not assign or transfer your rights or obligations under these terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or obligations under these terms without such consent will be null and of no effect. We may freely assign or transfer our rights or obligations under these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us either via e-mail or by posting to the Portal. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. The exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
No Agency
This Agreement does not create any agency, partnership or joint venture between the parties.
Severability
If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
No Third-Party Beneficiaries
This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Equitable Relief
Nothing in this Agreement will limit either party’s ability to seek equitable relief.
Definitions
“Estate Agent” means the Estate Agent engaged by or on behalf of the seller to sell the Property (which expression may include (as the context so admits) in the absence of a selling Estate Agent a seller of the Property)
“Buyer” means a person who
- has completed the verification process to the entire satisfaction of the Estate Agent; and
- has provided the Booking Deposit on a Property;
- warrants their legal and financial ability to buy the Property
“Data Room” means the electronic location unique to the Property containing the Conditions of Sale
together with title and all other documentation.
“Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
“Pangea” is a limited liability company registered in Ireland registered number 595939
“Transact.ie Process” means the process of sale and purchase of real estate by electronic means according to the rules, systems and SLAs set out by TRANSACT.IE and whether by online public or private auction, private treaty or binding sealed bids
“Portal” means the online digital platform that will be used to operate the Transact.ie Process
“Software” means any downloadable tools, software development kits or other such proprietary computer software provided by TRANSACT.IE in connection with the Services, which may be downloaded by Buyer/Bidder, and any updates TRANSACT.IE may make to such Software from time to time.
“Stakeholders” means any authorised party involved in the Transact.ie Process such as an Estate Agent, solicitor, Buyer, Seller, Bank, Mortgage Broker or Valuer.
“Transact.ie” is the registered trading name of PANGEA.
