Website Terms and Conditions
Will have the following meaning where they appear in bold within this document.
We/Us/Our - Rachel Gow trading as Peacock Insurance Services.
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(2) Intellectual Property and Licence to use website
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spy ware, computer virus, trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(4) Restricted access
If we provide you with a user ID and\or password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and\or password is kept confidential.
We may disable your user ID and\or password in our sole discretion without notice or explanation.
(5) User generated content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy, or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and\or the use of reasonable care and skill).
We make no warranty that the website will meet your requirements.
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) we will not be liable for any consequential, indirect or special loss or damage;
(b) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(c) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(d) we will take all reasonable precautions to keep all information provided to us confidential and secure. Unless we are negligent we will not be liable for any losses howsoever caused as a consequence of any unauthorised access to such information;
(e) notwithstanding the above our aggregate liability for loss or damage shall in any event be limited to a sum equal to that paid or payable by you for the product(s) in respect of any one incident or series of incidents attributable to the same cause;
(f) nothing in these conditions shall affect any statutory rights you have as a consumer.
You hereby indemnify and undertake to keep us indemnified and defend our offices, proprietor, employees, agents and suppliers immediately on demand, from and against, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you or the use by any other person accessing this website using your account and\or your personal information of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and\or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. It remains your responsibility to check these terms and conditions whenever you access the site.
We may transfer, sub-contract or otherwise deal with our rights and\or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and\or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and\or unenforceable, the other provisions will continue in effect. If any unlawful and\or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(16) E-mail Communications
There is no guarantee that any e-mail or messages sent over the Internet will be received by us, or that the contents of any such e-mail will remain private during internet transmission. We are not responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any third party or any messages sent by or appearing to be sent by us or any third party to you over the Internet (including e-mail).
(17) Virus Protection
We make every effort to check and test material published on this website at all stages of its creation. It is always wise for you to run anti-virus software on all material downloaded from the internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.
It is your sole responsibility to adequately:
(a) protect and back up your data and\or equipment,
(b) undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements, and
(c) ensure that your computers and your access to this site are adequately secured against any unauthorised users.
When you purchase an insurance policy you agree with the following statements:
(a) That to the best of your knowledge and belief all the information you have provided is correct.
(b) That you understand that the non-disclosure of a material fact may invalidate the whole or certain parts of the policy cover.
(c) That the sums insured represent the full value of replacement of the property to be insured.
(d) When a policy is incepted online a Statement of Fact document or proposal form will be sent to you. This document will repeat all questions and answers that we have asked you and is the information that your policy is based on. It is very important that you read this document carefully and inform us immediately of any incorrect information shown as this may affect the underwriters decision to accept the risk either at the premium quoted or paid, or at all. N.B. Statement of fact documents are not required to be returned to our offices, however proposal forms need to be signed once checked and returned immediately.
Each right or remedy of ours under these conditions is without prejudice to any other right or remedy of ours whether under this contract or otherwise.
Failure or delay by ourselves in enforcing or partially enforcing any provision of these conditions shall not be construed as a waiver of any of our rights under these Conditions.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
(20) Force Majure
In the event that we are prevented from carrying out our obligations under any contract for sale as a result of any cause beyond our control, such as but not limited to acts of God, war, strikes, lock-outs, flood and failure of third parties to deliver goods, we shall be relieved of our obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
(21) Registrations and authorisations
We are Authorised and Regulated by the Financial Services Authority (FSA). Our permitted business is arranging, advising on and helping in the administration of general insurance contracts. Firm reference Number: 449832
We are licensed by the Office of Fair trading for a customer credit licence for offering and arranging credit or lending money to consumers to finance the purchase of goods or services. Our Licence Number: 0523433
(22) Our details
Peacock Insurance Services
Our address is:
Binley Business Park
Harry Weston Road
Phone No: 0845 388 70 15 (local rate)
Outside UK: 00 34 (0)24 76 437 600
Fax No: 0845 388 70 16