Terms and Conditions
The following are the terms and conditions of use of the Premier website and call centre. Please read these terms and conditions carefully before you use the Premier website or call centre.
By using the Premier website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Premier website or call centre.
This Agreement is made between you the customer (“Customer”) and Premier Call Centre.
In this Agreement, unless the context otherwise requires: “Internet”
means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”); “Law” means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Premier or the Customer is from time to time subject; “Save-a-Search” means the service that the Customer may register to receive on the Premier website, which is designed to enable the Customer to, amongst other things, save the searches that the Customer conducts through the site; “Service means the service provided by Premier via the Premier website or call centre whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products; “Software” means any proprietary software utilised by Premier to enable the Customer to use the Service; “Supplier”
means any supplier of services, products and/or goods selected by Premier from time to time and who is listed on the Premier website.
Premier reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to Premier if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the Premier website will be deemed to constitute acceptance of the new terms and conditions.
2. Provision of the Service
Use of the Services, the Premier website and the Premier call centre are subject to the terms and conditions set out in this Agreement.
The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers. Premier will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and Premier shall in no circumstances have any liability whatsoever in respect of any such transaction. Premier will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
The Customer acknowledges that where relevant Premier may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. Premier will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.
Premier does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Premier website, the Premier call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
Premier will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.
Premier does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.
Premier does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. Premier reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
Premier may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.
Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or Premier website:
to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; to cause annoyance, inconvenience or needless anxiety; to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; other than in conformance with accepted Internet practices and practices of any connected networks; or in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, Premier may suspend the Customer's use of the Services.
If Premier suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Premier that there will be no further breach of the provisions of this Agreement.
Premier reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.
The Customer grants Premier a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.
Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
The following uses of the Services are expressly prohibited:
resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of Premier or the relevant Supplier;
furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
attempting to circumvent Premier's security or network (“cracking”) including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool);
executing any form of network monitoring which will intercept data not intended for the Customer; sending unsolicited mail messages, including the sending of “junk mail”; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the Customer may not send that person any further e-mail; creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings; malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mails); and entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party); unauthorised use, or forging, or mail header information.
Use of the Premier website is currently free. However, Premier reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.
The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Premier shall have no responsibility for transmission of payments to a Supplier.
Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Premier where necessary and to the forwarding of such details by Premier to the relevant Supplier.
4. Customer's obligations
Premier will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.
The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include the creation of a password, in order to have access to Save-a-Search.
The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Premier of any changes to such information.
Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify Premier if any authorised third party becomes aware of that password. The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service. The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.
5. Intellectual property rights
All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Premier website, information and content on the Premier website, any database operated by Premier and Software shall remain the property of Premier and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
Premiercallcentre.co.uk and the Premier Logo are registered trade marks of Premier. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Premier.
Premier grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
Premier shall be entitled to suspend the Services and/or terminate this Agreement if:
the Customer commits a breach of Clauses 2.9, 2.10, 2.11 and 2.15 which in Premier's reasonable opinion is serious enough to merit immediate termination; or
the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
Premier suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Premier or any Supplier.
The right to terminate this Agreement shall not prejudice any other right or remedy of Premier in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
7. Customer Breach
The Customer shall compensate Premier in full for each loss, liability or cost incurred by Premier arising out of:
any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against Premier by any other person; or any breach of this Agreement by the Customer.
8. Limitation of Liability
Nothing in these terms and conditions shall affect Premier's liability in respect of:
death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Premier; or
any liability of Premier which cannot by Law be excluded or restricted.
In performing any obligation under this Agreement, Premier's only duty is to exercise reasonable care and skill.
Premier does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services and Premier excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
Except as provided in section 8.1 above, Premier shall not be liable in contract, tort (including liability for negligence), or otherwise for any loss or damages suffered as a result of any use of the Services, including but not limited to direct, indirect or consequential loss or damage and loss of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data.
9. Data Protection
10. No Partnership / Agency
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Premier and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Premier shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
12. Force majeure
Premier shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13. Entire Agreement and No Waiver
This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
No waiver by Premier of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Premier to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Premier or to Premier at its address as specified on the Premier website.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.