Terms and Conditions

IMPORTANT NOTICE

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.performancedirect.co.uk ("the Website") and to any correspondence by email between us and you in relation to motor insurance and motor legal expenses insurance policies arranged by us. Please read these terms and conditions ("Terms") carefully before using this Website. Using this Website indicates that you accept these Terms regardless of whether or not you choose to secure insurance offered on this Website. If you do not accept these Terms, please do not use this Website. This notice is issued by Performance Direct. Performance Direct is a trading name of Grove & Dean Limited and references to we, us, our, ourselves means Grove & Dean Limited. Our registered office is at: 5 - 11 Station Lane, Hornchurch, Essex RM12 6JL. We are an independent intermediary acting on your behalf, offering a wide range of products and services from selected insurers to meet you requirements. We are authorised and regulated by the Financial Services Authority (FSA), for the purpose of arranging and advising on insurance for our customers. We have access to leading insurers in the marketplace. We do not act on behalf of any other agent or intermediary. Our service includes advising you on your insurance needs, arranging cover and helping you with ongoing changes.

Amendments

We may update these Terms at any time and you should visit this Website from time to time to check for any amendments, because they are binding on you.

If you continue to use this Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.

Disclosure

Please disclose all relevant facts and make sure your answers are factually correct throughout this Website. If not, you may not be covered in the event of a claim.

Who can use this Website to buy insurance?

Unless otherwise indicated, our products and services are only available to UK residents who access this Website from within the UK (this excludes Northern Ireland).

If you use this Website to apply for insurance, you confirm that you are over 17 years old and are not impersonating another person.

We aim to offer very competitive insurance but not everybody will be eligible to take out some of our insurance products. We reserve the right to refuse to offer you a firm quote if you are not eligible for this insurance product.

PRIVACY POLICY

Your Privacy

Introduction

We have a commitment to respect your privacy and comply with data protection and privacy laws. This statement of Privacy Policy is to explain how we use and protect your information when you visit our Website or call us. This will help you and any other drivers under the policy to make informed decisions.

Collecting your personal information

We collect and process your personal information and the details of any other individuals you may disclose for insurance, audit, money laundering, fraud prevention, credit assessment and debt collection purposes and also to improve customer services and to respond to your queries. Such information is collected and processed only with your knowledge and consent. Information you provide about other people will be processed on the basis that you provided this information with their explicit consent, and as their agent.

Information defined as "sensitive" under the Data Protection Act 1998 (e.g. claims, convictions and medical history) will be required and collected in order to provide you with an insurance product. By accepting a policy from us you agree to us collecting such information.

We will disclose your information to the insurer, our service providers and agents for these purposes. You have a right to ask in writing for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies. You also have a right to ask us to remove any personal information from our records, and such requests should also be made in writing.

To provide an enhanced customer service and for training purposes your calls may be recorded or monitored and your documents filed electronically.

We may check what you have told us and share information with fraud prevention agencies. It is important that you give us accurate information as if you provide false or inaccurate information and we suspect fraud, we will record this with the fraud prevention agencies.

Confidentiality

We and other organisations may use a credit or insurance reference agency, about you and people financially linked to you, as well as others within your household, to help make decisions about you and them for:

Motor, household, credit, travel, motorcycle, and other insurance proposals or validating claims (including, but not limited, to the Claims and Underwriting Exchange register run by Insurance Database Services Limited), and money laundering. The aim of Insurance Database Services Limited is to help insurers to check information provided and also to prevent fraudulent claims. When you tell us about an incident that may give rise to a claim we will pass information relating to it to the register.

Upon request, we will tell you which credit reference and fraud prevention agencies we have used so you can get a copy of your details from them.

Apart from the above, we will not disclose any information, which could identify you or someone else personally without your permission unless we are legally entitled or required to do so (for example, if required to do so by Court order or for the purposes of prevention of fraud or other crime).

Motor Insurer Information Centre (MIIC)

Insurers supply details of motor insurance policies to a database to which the police and other insurers have access. This helps detect people who break the law by not taking out insurance and helps the insurer to pursue claims following accidents.

YOUR SECURITY

We have policies and firewalls in place to safeguard the storage of your personal information from unauthorised access and improper use. Although we have security measures in place to protect your information which we monitor regularly, because of the Internet and its worldwide accessibility, we cannot guarantee that your information will remain at all times 100% secure. We therefore take no responsibility in relation to secure storage of your personal information.

We may store some information (commonly known as a "cookie") on your computer when you look at our Website. This information facilitates your use of our Website and ensures that you do not need to re-enter your details every time you visit it.

Our Website may write a small data file to store some information on your own hard disk (a "cookie"). This helps us to identify you, make your use of our Website secure and, where applicable, identifies or stores any preferences that you may have set up on our Website. You can choose to accept or delete cookies. Deleting them may mean our Website does not work properly.

Access to personal information on our website is by used ID and password. Our security procedures are regularly monitored and reviewed.

Processing of quotations is via a secure server. Your browser should confirm this by showing a lock symbol in the bottom right hand corner.

Use of your Personal Information

Your personal information will be used for processing your quotation and for managing your policy. This includes issue of policy and renewal documents, handling claims, handling complaints and delivering any other services that you have requested. To ensure that your personal details are protected, you may be asked for "identifiable" information when you contact us. We also carry out analysis of products and services based on your use of website and services, and keep you informed about products, services, offers and promotions. In order to do this we may sometimes share information on our database with third parties who will use such information to inform you by post, telephone, sms or email about products or services that may be of interest. If you would prefer not to receive information on product and services from third parties please email us at opt-out@performancedirect.co.uk. You can change your preferences at any time by emailing us at mypreferences@performancedirect.co.uk.

TERMS AND CONDITIONS

When will you receive your documents?

[We] reserve the right to retain certificates until all payments due under the policy have been made. Any agreed facilities for payment of premiums by instalments [through us] will include our right to retain certificates of insurance until all such payments have been received. By accepting this agreement you agree that delivery of any certificate including certificates of motor insurance to us shall constitute delivery to yourself in accordance with United Kingdom law.

The policies available on this Website are underwritten by a number of different insurers. You will be told which of these insurers is underwriting any particular policy before you decide to purchase insurance, you will also be provided with details of this insurer. If you need to clarify anything before buying any insurance policy please contact us. Our opening hours are Monday to Thursday from 8:30am to 8:30pm, Friday 8:30am to 7:30pm, Saturday from 9:00 am to 5:00 pm and Sunday from 10:00 am to 4:00 pm.

Provision of Cover

Please be advised that cover cannot be granted in the absence of premium payment, or part thereof. In the event of an initial payment not being authorised, cover may not be deemed to have been afforded in any way. It remains your responsibility therefore to ensure that sufficient funds are available so that cover may commence.

Please note that we are only able to arrange motor insurance on this Website for individuals resident in the United Kingdom (excluding Northern Ireland), continuously for the past 12 months and all contracts arranged through our agency are subject to English Law.

Complaints Procedure

We aim to provide a first class service at all times. However, if on any occasion our level of service falls below the standard you expect you should contact our Customer Services Team on 0844 482 8133. If you remain dissatisfied you may, discuss any grievance with an Internet Support Manager, who will endeavour to satisfy any concerns you may have. In the unlikely event that you still remain dissatisfied you should then write to the Chief Executive of your insurer. In the event that the complaint is still not resolved the matter can be referred to the Financial Ombudsman Service (FOS). Contact details will be included in your policy documents.

Policy Terms

The information that you have supplied or will supply in connection with quotations obtained and policies effected through this Website forms the basis of your application for insurance. You must check that this information is correct. In the event of a claim or upon request, you must be able to substantiate all of the details that you have provided. In particular, you may be asked to provide copies of your Driving Licence, proof of immobiliser fitment if applicable, and proof of your No Claims Discount entitlement. If any information is incorrect or missing you must notify us immediately.

Failure to notify us of any errors, omissions or amendments could result in your insurance being invalid.

Any insurance policy purchased through this Website will be subject to these Terms and the full policy wording. Your policy will be issued upon confirmation of cover, however, a copy of your policy is available on this Website. You are strongly advised to read your policy carefully, as it is this document, the schedule and Certificate that form the basis of the cover you have purchased. If you are in any doubt over the policy terms or conditions please seek [our] advice promptly.

Should you decide to take out a policy with us via one of our insurers, a 14 day cooling-off period will become effective on the day you receive your policy documents. Should you subsequently find that the policy is unsuitable for your needs, you may cancel by informing [us] in writing at any time during this period.

You should be aware that an appropriate charge may be levied by your insurer for time on cover, and a separate charge of up to £35 may be made by us for the administration of your policy up to that point.

Instalment Terms

[We] offer a credit facility for those customers who prefer to pay over monthly instalments. Details of charges for this service are provided in [our] credit agreement. If you have chosen this method of payment, in the event of an instalment becoming overdue or declined such default will be construed as your instruction to [us] to notify your insurer to cancel your cover from the time and date the instalment became overdue. Following cancellation you will be liable for the immediate payment of any shortfall in premium outstanding and we reserve the right to employ the service of debt recovery agents where necessary.

In the event of a claim, any balance of the total amount payable shall become due immediately on demand.

Claims Procedure

We do not generally process claims, as these are dealt with directly by the insurer concerned, and you should notify your insurer immediately in the event of, or in any circumstance which may give rise to a claim. You may also notify claims via our dedicated claims line on 0844 482 8133. You will also find this number in your policy documentation. Your insurer will issue you with a claim form, if appropriate. In the event of a total loss claim, the insurer's liability is for the market value of the vehicle at the time of the loss.

Our Charges

In order to cover the costs of administering your policy, [we] will apply a small charge in addition to any charges due to your insurer. A list of [our] maximum charges is detailed below:

Alterations/additions to your policy
£30.00

Duplicate Documents
£20.00

Policy Renewal Fee
£11.00

Cancellation of your policy
£35
(We do not refund commission)

Credit arrangement fee
£15.00

Failed instalment charges
£20.00 on credit card or cheque

Licence

You are permitted to print and download extracts from this Website on the following basis:-

(a) no documents or related graphics on this Website are modified in any way;

(b) no graphics on this Website are used separately from accompanying text; and

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation, photographs and graphic images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with the provisions above for any purpose is prohibited. If you breach any of the Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

Subject to the above provisions, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights so expressly granted in these Terms are reserved.

Service Access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor Material and Conduct

Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and/or data, images, sounds, text and other things embodied therein for any and/or commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approval;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

Links to and from other Websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and we do not control and are not responsible for these websites or their contents. We therefore does not endorse or make any representations about them, or any material found there, or any result that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of our logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any of our trade marks displayed on this Website without express written permission from us;

(f) you do not link from a website which is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations.

We expressly reserves the right to revoke the right granted above for breach of these Terms and to take any action we deem appropriate.

You shall fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of the above provisions.

Disclaimer

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice, the material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms, (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

Liability

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our officers, directors, employees, shareholders or agents of them, exclude all liability and responsibility for any amount or kind of loss or damage which may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss of damages arising from or in connection in any way to business interruption, and whether in tort (including without limitation, negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in this legal notice shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act l977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable laws.

If your use of material in this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Governing Law and Jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts.

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