Chenega Europe – Payment Portal Terms and Conditions

Chenega Europe, LLC Portal

Terms & Conditions (“T&Cs”)

Chenega Europe, Ltd. (“CE”, “we”, “us” or “our”) a company incorporated in Northern Ireland, whose registered office is at Number One Lanyon Quay, Belfast, Ireland, offers an online payment processing portal (“Portal”) through its vendor, Authorize.Net, as a courtesy and a convenience to certain students (“Students”, “you” or “your”) of Ulster University (“University”).

These T&Cs along with the registration page for the Portal form an agreement between CE and you (“Agreement”) and apply to all online card transactions made by Students to the University through the Portal for the sole purpose of paying all fees associated with the registration of a course offered by CE to be undertaken at the University (“Tuition Fees”). By accessing and using the Portal for the payment of Tuition Fees, you acknowledge and agree to these T&Cs. Please read these T&Cs carefully before using the Portal.

 

CE Responsibility

The facilities of the Portal are made available to Students in order to enable and assist them with the payment of Tuition Fees (“Intended Purpose”). The enrollment and registration processes in respect of courses offered by the University are governed by the University’s terms and conditions located https://www.ulster.ac.uk/academicoffice/short-courses.

User Responsibility

You are solely responsible for the security and confidentiality of your Portal password (if generated) and Portal account. Further, you are entirely responsible for any and all activities that occur under your Portal account. You must not share your Portal account information or your Portal user name and password (if any) with any third party or permit any third party to log-on to the Portal using your account information. You agree to immediately notify CE of any unauthorised use of your Portal account or any other breach of security in relation to the Portal of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation.

Portal Use

You will use the Portal only for the Intended Purpose and will not use the Portal for any unlawful purposes and will comply with all applicable laws, rules, regulations, and data security specifications in your use of the Portal. You will comply with all security measures and security requirements associated with the Portal.

Technical Support

Should you require any technical assistance when using the Portal, please contact the CE support team using the following details: Email address: YDavidson@chenega.com

Telephone number: 00+44+756-221-6865

Online Payments

We will collect your payment of Tuition Fees submitted through the Portal. Your payment of Tuition Fees will normally reach the University’s bank account within two working days (a day other than a Saturday, Sunday or public holiday in the UK) after submission through the Portal.

Declined Transactions.

CE shall not be liable for Tuition Fees payments being recorded on the wrong account if you supply inaccurate information and with prior written notice from you, will use commercially reasonable efforts to reallocate any such payments if they arise. CE shall not be liable if a Tuition Fees payment is refused or declined by your credit or debit card supplier for any reason. If your card supplier declines payment, CE is not under any obligation to bring this fact to your attention. You should check with your bank, credit or debit card supplier that payment has been deducted from your account.

Refunds

Any entitlement to a refund of Tuition Fees or any deposit paid by you in respect of Tuition Fees will be made in accordance with the University’s fees policy https://www.ulster.ac.uk/academicoffice/short-courses prevailing at the time you leave or cancel your registration for the course.

Refunds, if applicable, will only be made to the debit or credit card used for the original transaction, unless you notify us otherwise in writing to YDavidson@chenega.com. Once notified by the University that a refund of Tuition Fees is due, CE will use reasonable endeavours to process such refund within 10 working days (a day other than a Saturday, Sunday or public holiday in the UK).

 

For the avoidance of doubt, nothing in these T&Cs shall require CE to refund the Tuition Fees (including deposits) (or part thereof) unless such Tuition Fees (or part thereof) have previously been paid.

 

Contacting Us

Should you have any reason for a complaint or wish to cancel your account with us, please contact us using the following details:

Address: Number One Lanyon Quay, Belfast, Ireland Email address: YDavidson@chenega.com

Telephone number: 00+44+756-221-6865

Limitation of Liability

CE shall be liable to you for any foreseeable loss or damage that is suffered by you as a result of CE breaching this Agreement or CE’s negligence. For the avoidance of doubt, CE shall not be liable to you for any loss or damage that is not foreseeable. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall operate to exclude or restrict a party’s liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.

Intellectual Property

Unless stated otherwise, the copyright and other intellectual property rights in all text, images and other material in the Portal are owned by CE, the University, or their respective licensors. The trademarks and logos used and displayed in the Portal are registered and unregistered trade marks of CE, the University, or of others. You may not use these trade marks without CE’s prior written consent, or that of the respective owner.

Notices

Any notice required to be made under or in connection with this Agreement (“Notice”) shall be in writing. CE may provide any Notice to you using your contact details, email address and postal address as set out on the Portal. Notices to CE should be sent to YDavidson@chenega.com.

General

A party shall not be in breach of this Agreement, nor liable for any failure or delay in performing any obligations under this Agreement arising from or attributable to matters beyond its reasonable control (“Force Majeure Event”) including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, any failure or delay on the part of a third party supplier, industrial action or strike, power cuts, electronic or communication network breakdowns or government action. You acknowledge that the Portal may not be error-free or accurate and that the Portal should not be relied upon as being error-free or accurate.

 

CE may make changes to these T&Cs from time to time (for example, if there is a change in the law that means we need make changes to these T&Cs). Please check these T&Cs regularly to ensure that you understand the T&Cs that apply at the time that you access and use the Portal.

 

This Agreement is personal to the parties and neither party may assign or transfer any of its rights or obligations under this Agreement whether in whole or in part without the prior written consent of the other party.

Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties. Neither party shall represent itself as representative of the other or purport to assume obligations in the name of the other.

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of this Agreement.

A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

 

No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

 

This Agreement constitutes the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter this Agreement by a representation other than those expressly set out in this Agreement. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

This Agreement is governed by English law and any dispute or claim arising in connection therewith will be governed by English Law.

Any proceedings brought in connection with this Agreement can be brought in the English Courts. Notwithstanding the foregoing, if you live in another European Union Member State, you may bring proceedings in connection with this Agreement in either the English courts or the courts of the Member State in which you live.

You can find more information on online dispute resolution by following this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. CE is not obliged to participate in online dispute resolution.

If you are resident in the European Union and CE directs the Portal to such Member State, you shall benefit from any mandatory provisions of the law of the country in which you are resident. For the avoidance of doubt, nothing in this Agreement shall operate to limit your rights to rely on such mandatory provisions of the local law in the European Union Member State which you reside.

Further, any proceedings brought in connection with this Agreement may also be resolved by arbitration (“Arbitration Proceedings”). In respect of any Arbitration Proceedings, it is agreed that (i) the tribunal shall consist of one arbitrator; (ii) in default of the parties' agreement as to the arbitrator, the appointing authority shall be the Chartered Institute of Arbitrators in London; and (iii) the seat of the arbitration shall be London.

You acknowledge and agree that, by clicking “Accept,” checking the acceptance box, or taking any other similar action with respect to this Agreement, you are accepting and agreeing to this Agreement in its entirety, and that such action constitutes a valid signature that is and shall remain binding upon you in the same manner as if you had affixed your signature hereto via ink or other traditional signing method.