| These terms and conditions apply to the provision to You, the Member or Guest as appropriate, by Us, Powell Carroll Insurance, of on-line insurance quotes and the use by You of the Services. It is important that You read these terms and conditions carefully. By using this Website You are deemed to have accepted these terms and conditions in their entirety. |
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| We may revise these terms and conditions by updating this posting. Any such modifications shall become effective immediately. |
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| 1 |
Definitions |
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"Services" means the provision of a publicly accessible on-line travel insurance quote facility together with any other services described in the Website; |
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"Member" means any person who registers to use the Services; |
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"System" means the Website and all technical infrastructure relating thereto; |
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"Guest" means any person using the Website for the purpose of obtaining a quote and/or viewing information which may also include a Member, as appropriate; |
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"Website" means Powell Carroll Insurance Website accessed via a third party broker's website or such other website on which the Services are provided. |
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| 2 |
Provision of Services |
| 2.1 |
In consideration of the undertakings by You in accordance with these terms, We will provide to You the Services. |
| 2.2 |
We cannot guarantee to provide and maintain the Services continuously and without interruption and faults. We may also temporarily suspend availability of the Services in order to upgrade, repair or maintain any aspects of the technological infrastructure of the Services. We will use all reasonable endeavours to carry out such repair or maintenance work with minimum disruption to the Services. |
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| 3 |
Data Protection |
| 3.1 |
By registering Your details as a Member of this Website, You are giving
Your explicit consent to Us holding personal data which You provide to Us,
including any sensitive personal data as defined in the Data Protection Act
1998. Details of our privacy policy are available at Privacy Policy.
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| 4 |
Code of Conduct |
| 4.1 |
As a Guest and/or Member You warrant, represent and undertake to Us that:
(a) You shall use the System in accordance with these terms and conditions and will not use the Services in such a way that disrupts, interferes with or restricts the use of the System by any third party and You will not use the information obtained from the System for any purpose other than appropriate to using an on-line insurance.
(b) You will not reverse engineer, decompile, copy or adapt any software or other code or scripts relating to the System or post or transmit any information that contains a virus, worm, trojan horse or other harmful or disruptive component.
(c) You will not remove in whole or in part any trade marks, copyright and other proprietary notices contained in or appearing on any material You download and/or print from the System. |
| 4.2 |
You recognise that the internet is accessible to anyone with the appropriate technical capability and as such it is impossible to protect totally against the abuse of the System by third parties, including the introduction of a virus onto the System. You acknowledge that it is Your responsibility to satisfy Yourself that Your own information technology is protected against computer viruses. |
| 4.3 |
You undertake not to and as appropriate will procure that all employees will not use the Services other than in accordance with these terms and conditions. In particular You agree not to access or attempt to access unauthorised data or any unauthorised part of the Website, not to probe, scan or test the vulnerability of the System or network system, and not to use any devices, software or routine to interfere with the proper working of the System. |
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| 5 |
As a Member |
| 5.1 |
You warrant and represent to Us that You are over 18 years old and a resident of the United Kingdom. |
| 5.2 |
You may use this Website solely for the purposes of obtaining an insurance quotation searching and for viewing information We may publish from time to time regarding the insurance industry our company or services available. |
| 5.3 |
You warrant, represent and undertake to Us that all material displayed or transmitted by You on the Website shall not be false, offensive, defamatory, threatening, obscene, unlawful or breach or infringe the rights of any person anywhere in the world (including without limitation intellectual property rights). |
| 5.4 |
You are responsible in all respects for the content of the material You place on the Website about Yourself and Your insurance requirements; and You warrant, represent and undertake to Us that they shall be accurate, complete, true and up to date. |
| 5.5 |
You agree to indemnify Us and keep Us indemnified against all loss, damage, awards, claims, demands, proceedings, costs or expenses that We may suffer or incur as a result of any breach by You of clauses 5.1, 5.3 and/or 5.4. |
| 5.6 |
We will provide You with the facility to create a password to enable You to view certain details via the website. You undertake not to and will procure that those to whom You disclose the password will not disclose the password to any unauthorised third party, and You will and as appropriate will procure that Your employees or any authorised third party to whom You disclose the password will take all reasonable precautions to prevent the loss or theft of the password. You will inform Us immediately upon Your becoming aware of any breach of security, unauthorised use or loss or theft of the password. |
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| 6 |
As a Guest |
| 6.1 |
You may use this Website solely for the purposes of obtaining an on-line insurance quotation and for viewing information We may publish from time to time regarding Our business and other services available. |
| 6.2 |
You acknowledge that any reliance on any information or other material posted on the Website is entirely at Your own risk. Accordingly, You are responsible for checking the suitability of the insurance offered on Our Website. |
| 6.3 |
We grant You a licence to access, download, print, copy and distribute copies of any pages on the Website for Your own internal business purposes only. Any other use of any materials available on or forming part of the System is subject to Our prior written consent. |
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| 7 |
Rights of Powell Carroll Insurance |
| 7.1 |
We shall have the right in Our sole discretion to decline any request for quotation sent via our Website. |
| 7.2 |
We reserve the right, to carry out such verification of the information You provide to Us as We shall deem appropriate. |
| 7.3 |
We own or are licensed to use all copyright, database rights and all other intellectual property rights in and to the System, including the search engine software, the structure, design and layout of the System, all graphics, the name Powell Carroll Insurance and Our logo. |
| 7.4 |
We are entitled to make changes to the Services which are necessary to comply with any applicable security or other legislative or regulatory requirements. |
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| 8 |
Warranties and limitation of Powell Carroll Insurance |
| 8.1 |
We will use Our reasonable endeavours to maintain and provide the Services in accordance with these terms and conditions. However, You acknowledge that We are not and cannot be responsible for the networks or for the Services not being transmitted correctly or without interruption and shall not be liable to You for any failure to provide and to transmit all or any part of the Services or if You cannot access the Services. |
| 8.2 |
We make no warranties or representations regarding the contents of any Website pages, or any other information or material displayed on the System. |
| 8.3 |
Except as expressly set out at clause 8.1 all warranties, undertakings, conditions and terms, express or implied, whether by common law, statute, custom, trade usage, course of dealings or otherwise (including without limitation as to quality, fitness for purpose, performance or suitability for purpose) in respect of the Services are hereby excluded to the fullest extent permitted by law. |
| 8.4 |
Nothing in these terms and conditions shall exclude Our liability to You for fraudulent misrepresentation by Us or Our employees or for death or personal injury resulting from Our negligence or that of Our employees. |
| 8.5 |
Subject to clause 8.4, Our liability to You for direct loss arising out of or in connection with these terms and conditions shall be limited to £1,000 for any one incident or series of incidents. We shall, however, in no circumstances be liable to You under or in connection with these terms and conditions for any indirect, economic or consequential loss whatsoever or for any loss of profits, loss of business, loss of contracts, loss of use or any deletion, corruption, destruction, loss or removal of data. |
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| 9 |
Termination |
| 9.1 |
Either party shall be entitled to terminate these terms and conditions upon 30 days written notice to the other. |
| 9.2 |
We shall be entitled to terminate these terms and conditions forthwith on written notice if You commit a material breach of any of these terms and conditions. |
| 9.3 |
The expiry or termination of these terms and conditions shall be without prejudice to any other rights or remedies which either party may be entitled to thereunder or at law and shall not affect any rights or liabilities which may have already accrued to either of the parties under these terms and conditions. |
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| 10 |
General |
| 10.1 |
You shall not be entitled to assign, sub-contract or otherwise deal with any of Your rights and obligations under these terms and conditions in whole or in part without Our prior written consent. |
| 10.2 |
Any notice to be given under these terms and conditions shall be sent by first class post or by e-mail. In respect of Powell Carroll Insurance this shall be at the postal or e-mail address set out at 14 Bridge Street, Keady, Co.Armagh, BT60 3SY, and in respect of the Member to the postal or e-mail address specified in the details provided by You when first registering on this Website. Any notice shall be deemed to have been made to the other party if sent electronically when transmitted and if posted on the second working day following posting. |
| 10.3 |
These terms and conditions represent the entire agreement in relation to the subject matter of these terms and conditions between Us and supercede all other agreements and representations made by either party whether oral or written. |
| 10.4 |
If at any time any provision of these terms and conditions is or becomes invalid or illegal in any respect such provision shall be deemed to be severed from these terms and conditions but the validity, legality and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby. |
| 10.5 |
Failure by either party to exercise or enforce any right conferred by these terms and conditions against the other party shall not be deemed to be a waiver of any such right nor in any way prejudice any right of that party under these terms and conditions. |
| 10.6 |
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and nothing in these terms and conditions:
- confers or purports to confer on any third party any benefit or any right to enforce any term of these terms and conditions; or
- operates to give any third party the right to enforce any term of these terms and conditions except as expressly provided herein.
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| 10.7 |
These terms and conditions shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts. |
