The following sets out the terms and conditions under which we supply services to members of the Premier Club membership programme. Any enrolment to the membership programme is on the following terms and conditions.
If you have any questions, please call our customer service advisors on 0333 344 1815 or write to Premier Club Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX.
1.1 You are a potential/actual member of the membership programme (called the "Scheme") as described in this document. If you enrol in the Scheme (called "Membership") you will become a member of the Scheme (called a "Member").
1.3 Only those Members that are over the age of 18 will be able to access their credit reports and/or credit information. A person who does not qualify as described in clause 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is aged 18 years or older.
1.4 A person may not become a Member unless they are based in the United Kingdom (this does not include the Channel Islands or the Isle of Man, as this is the area we do not service). A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.
1.5 All general notices from us will be sent by email or letter to Members.
2.1.3 To ensure continuous service at the end of the trial period your Membership Fee will be automatically charged on or about the same date each month to the card details which you have specifically provided for this purpose when you signed up to be a member, and by joining this Scheme you agree to give us permission to do so, unless you terminate your membership in accordance with section 7 below.
3.1 A Member may be entitled to access discounts and/or other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these discounts and/or other benefits, "Benefits"). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for the limitations.
3.2 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to discounts, offers and promotions in respect of those products and services of third party vendors/providers).
4.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by verbally indicating affirmative consent to join the Scheme, or by clicking the "Submit" (or its equivalent) button on the Scheme enrolment page or by otherwise using the Scheme's website (or verbal consent is given). Once this affirmative consent is otherwise given there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).
4.2 Membership starts from the earlier of a) the time we notify you of your Membership number and b) the time you provide affirmative consent to join the Scheme.
4.3 Membership lasts until your Membership terminates as detailed in section 7.
5.2 Membership cannot be used by persons other than the Member.
5.3 You shall ensure that no other persons have access to your Member details.
5.4 Other persons in the same household shall not access the Scheme or the Benefits using the identity of the Member and the Member shall be responsible to ensure this is upheld and observed.
5.5 Benefits are not for resale.
5.6 A Member must promptly notify us on becoming aware of any unauthorised use of the Membership number or if the Membership number is lost or stolen.
5.7 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift will be required to be an active member of the Scheme at the time the gift claim is processed. An Active Member is a Member that has successfully registered to the Scheme and has not at the time they claim the gift, cancelled their Membership.
6.1 Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in section 7, that Member's Membership will be renewed automatically and that Member will continue to be charged the Membership Fee and (where applicable) any other fees pursuant to clause 8.3 of these terms, which will appear on that Member's next billing statement.
6.2 The description 'Premier Club, Pinner' will appear on your card statement against each payment each month.
7.1.2 By notifying us in writing at: Premier Club, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX.
7.1.3 Using the "Contact Us" page on the Premier Club website to cancel the Membership.
7.2 You have the right to cancel this Agreement, for any reason, within 14 days from the day after you entered into this Agreement with us ('the cooling off period'). To exercise the right to cancel under this section, you must inform us of your decision to cancel this Agreement by a clear statement in writing (e.g. a letter sent by post or email), you may use the Model Cancellation Form Template set at the end of these terms and conditions to do this, but this is not obligatory.
7.3 We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member's account any sum deducted by us from the Member's credit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
7.4 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member's cancellation request or our notice to the Member.
7.5.3 Entitlement to access, make use of or benefit from, the Membership Programme.
7.5.4 If you cancel this Agreement using your rights as per clause 7.2 then we will reimburse all payments taken from you, unless you have used the service, or have requested that the service start before the expiry of the 14 days period, then we shall deduct an amount that is in proportion to what has been performed from the Monthly Membership Fee charged until you have communicated your cancellation from this Agreement to us.
8.1 When signing up to be a Member, you provide us with a continuous payment authority ("CPA") so that we can collect repayments automatically from your bank account using the debit/Credit card you nominate for this purpose.
8.2 A Member is entitled to a trial period, details of which are set out (depending upon the sign up method used by the Member) in the Welcome Pack sent to a Member by post, listed on the relevant website and/or shown or notified to the Member when they are presented with details of the Scheme (the "Trial Period"). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.
8.3 After the Trial Period, a Membership fee ("Fee") as specified in information about the Scheme, shall be payable in advance, and will be automatically collected by use of Continuous payment authority ("CPA") to the billing source authorised by the Member until such time as the member cancels their membership.
8.4 If the attempt for the Membership Fee at the end of the Trial Period or at Renewal is unsuccessful we shall use the CPA to make 6 further attempts in a period of 30 days beginning the day after the date that the Membership Fee for that month became due.
8.5 Throughout the period referred to in clause 8.4 your access to the Service may be suspended pending receipt of the Membership Fee.
8.6 To cancel this CPA you may contact your bank directly. Alternatively, you may ask us to cancel it by using the contact details found in clause 7.1.1, 7.1.2 and 7.1.3. Please be aware that if you do cancel you will still owe any outstanding Membership Fees as agreed and your access to the Service will be terminated. Cancellation of this CPA will be effective from the date that we receive such notification.
8.7 The Scheme may from time to time offer additional services and/or benefits to Members at an extra cost. The cost of these services and/or benefits will be payable in addition to the Membership Fee and separately identified, and the frequency of payment for such services and/benefits may vary according to the service and/or benefit purchased.
8.7.1 This offer of additional product and services/and or benefits does not affect the members right to access the services/and or benefits of the existing membership.
8.8 If you have been offered products and services/and or benefits as part of a particular promotion, you will then receive those products or services/ and or benefits for the specified period and at the fee stated within the promotion. Once the specified promotion has ended, your right to access the products or services at the stated fee will terminate.
8.8.1 These promotional offers i.e. products or services/and or benefits are personal to you and may not be shared with third parties.
8.9 We may increase or decrease the Membership Fee (or any other fees payable pursuant 8.7 above) on 30 days' notice. Members will be notified by email or letter. If the Member does not agree with any such change, the Member may terminate this Agreement under clause 7.1 before any such change takes effect.
9.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.
9.2 The Benefits have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits will be available therefore to all Members.
9.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits are continually changing and we do not and cannot represent or warrant that any particular Benefits will be available at any particular time. We reserve the right to eliminate, add, change and substitute Benefits from time to time without notice to any or all Members.
9.4.1 To Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit.
9.5 Members acknowledge that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.
9.6 Other than as expressly set out in these Terms of Membership, we make and give no conditions, warranties or other terms, express or implied (including the conditions or warranties as to satisfactory quality, fitness for purpose) with respect to any Benefits or information provided to a Member.
9.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain a Member's sole responsibility or that of the provider of the Benefits, as the case may be.
10.1 The content, organization, graphics, text, design, compilation, magnetic translation, digital conversion and other matters related to Premier Club are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Premier Club, except as allowed under "Limited Right of Use" below, is strictly prohibited. Adaptive Affinity Limited or other third parties own the intellectual property and other rights in any content, document or material viewed through Premier Club and you do not acquire ownership rights to any such content, document or other materials viewed through Premier Club. The posting by Adaptive Affinity Limited of information or materials on Premier Club does not constitute a waiver of any right in such information and materials.
10.2 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on Premier Club (or printed pages produced from Premier Club); and (ii) make any other modifications to any documents obtained from Premier Club other than in connection with completing information required to transact business with Adaptive Affinity Limited.
For viewing, printing or the downloading of any content, video, audio, graphic, form or document from Premier Club, Adaptive Affinity Limited grants you only a revocable, non-exclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution).
We aim to update Premier Club regularly, and may change the content at any time. If the need arises, we may suspend access to Premier Club, or close it indefinitely. Any of the material on Premier Club may be out of date at any given time, and we are under no obligation to update such material.
13.1 This section 13 prevails over all other sections and sets out our entire Liability, and your sole and exclusive remedies in respect of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and the Member; or b) otherwise in relation to the contract between us and the Member or the entering into or performance of the contract between us and the Member; or c) a Member's use of or participation in the Scheme.
13.2 This clause does not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.3 Except for the matters in clause 13.2, neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of profit; (c) loss of business; (d) loss of anticipated savings; or (e) loss of data. However, this clause 13.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
13.4 Save as provided in clause 13.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £10; or b) 110% of the Membership Fees paid by the Member to us in the 12 month period prior to any particular cause of action arising.
13.5 The limitation of Liability under clause 13.4 has effect in relation both to any Liability expressly provided in this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any provision of this Agreement.
14.1 You must not misuse Premier Club by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Premier Club, the server on which Premier Club is stored or any server, computer or database connected to Premier Club. You must not attack Premier Club via a denial-of-service attack or a distributed denial-of service attack.
14.2 In the event you misuse Premier Club we may, where we have reason to believe that offences may have been committed under the Computer Misuse Act 1990, inform the relevant authorities and bring legal action. Where we report any such breach to the relevant law enforcement authorities, we will co-operate with those authorities by disclosing your identity to them. We do not accept any responsibility for any equipment or connection failings which affect your access to and or use of Premier Club, or for security of the same. You are responsible for the security of your own computer systems and the transfer of any information from it.
14.3 We also do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems.
Premier Club may contain interviews, discussions, press releases and other information about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of Premier Club. While all Information prepared by Adaptive Affinity Limited was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Adaptive Affinity Limited that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Adaptive Affinity Limited, are solely those of the author(s) and do not necessarily reflect those of Adaptive Affinity Limited. With respect to Information, contained in links to third-party websites, please refer to "Links to other websites" set out above.
16.4 You grant Premier Club all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any consequential duty or obligation arising on Premier Club to anyone whatsoever.
16.5 We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. Premier Club expressly prohibits the scraping of email addresses and expressly opts out of receiving commercial electronic mail messages to Premier Club domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.2 You must not establish a link from any website that is not owned by you.
17.3 Premier Club must not be framed on any other site, nor may you create a link to any part of Premier Club other than the home page. We reserve the right to withdraw linking permission without notice.
17.4 If you wish to make any use of material on Premier Club other than that set out above, please address your request to contact@clubprem.com.
We are the operator of the Scheme and responsible for the production of the Scheme website. All trademarks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners' rights.
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.
If any part of these Membership Terms or the contract between the Member and us is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part will not be affected.
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Membership Terms (or the contract between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
22.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.
We are Adaptive Affinity Limited, a company registered in England and Wales with company number 5493004, and having its registered office at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. All notices from you to us must be by email response as set out in these Membership Terms or by post to Premier Club, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. Our telephone number is: 0333 344 1815. Adaptive Affinity Limited is authorised and Regulated by the Financial Conduct Authority, Firm Reference Number: 739012. Adaptive Affinity Limited is registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998 and our registration number is Z9322490.
25.1 Premier Club can be accessed from different locations around the world and may contain references to Adaptive Affinity Limited's services, and programs that have not been announced where you are located. These references do not imply that Adaptive Affinity Limited intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX, and shall be governed by and construed in accordance with the laws of England and Wales (without regard to conflict of law principles).
The Scheme operates for the United Kingdom only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.