Property Investor Reward Club (PIRC) Account Holder Agreement

Introduction

This Agreement is a legal document, which sets out your rights and obligations, and those of PIRC ("we", "us" or "PIRC"), in relation to this site and the services offered by us through it (the "PIRC Service"). You must take the time to read and understand it before registering for the PIRC Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 16 below.
People who register for the PIRC Service establish an "Account", and become "Account Holders".

The PIRC Service

The PIRC Service allows Account Holders to make purchases from Service Providers which may qualify for cashback.
This is how it works. PIRC receives a commission (the "Referral Fee"), payable by a Service Provider, for purchases made by an Account Holder from the Service Provider, once that Service Provider has confirmed the purchase (each a "Qualifying Transaction").

Account Holders who have entered into Qualifying Transactions for which Referral Fees have been received by us will be able to see a positive account balance on their Account (a “Balance”). That Balance will be converted into a payment to you (“Cashback”) or credit for services once a year. To be clear, a Balance does not itself represent a sum of money held by PIRC on an Account Holder’s behalf.
See Clause 4 for more about Cashback.
When we refer to Service Providers, we mean sellers and suppliers of goods or services that agree to enter into Qualifying Transactions and pay us Referral Fees. Our Help Pages and other service documentation available on the PIRC site provide further information about our service; you should consult them concerning queries or issues you may have about the PIRC Service.

Obtaining an Account

You must be at least 16 years of age to obtain an Account and certify that you are a Property Investor, Property Trader, Landlord or Property Developer. We regret our club is exclusive and Tradespersons, Builders, Construction companies are excluded from being able to access PIRC service providers and benefits.
A person may have no more than one Account. You must be a resident of the UK to register for a PIRC Account.
You must register for the PIRC Service using accurate and current information about yourself - including your correct name, address and any other requested details. You should keep this information updated through your Account, along with changes to your property portfolio.

Our Privacy Policy contains important information on how we deal with the personal information you provide through your PIRC Account, including information derived from activity.
Note that your Cashback Receipt Method may have rules about the maximum or minimum payment that you can receive through that cashback method.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.

Cashback

After an Account Holder successfully completes a Qualifying Transaction, and once we have received the Referral Fee for that Qualifying Transaction, we pass the related Cashback on to the Account Holder through his/her Cashback Receipt Method annually once received from service providers.

Please note that there are various circumstances in which a transaction with a Service Provider may not constitute a Qualifying Transaction, and Cashback may not result from it. Our Help Pages provide further information about these circumstances.
There are various circumstances in which sums will not appear in an Account Holder’s Balance, and will be forfeited to us, namely:

  • where a Referral Fee is received by us but is not attributed to a Qualifying Transaction or associated with an Account (such as where the Account Holder is not logged-in to the PIRC Service when making the relevant purchase where applicable)


  • the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised.

  • a Balance is attributed to an Account Holder or Account that has been:

    • suspended by us under Clause 8 of this Agreement;


    • associated with any fraudulent activity or any breach of this Agreement;


    • used to make purchases on behalf of, or for the benefit of, any other person

  • where a Balance is attributable to an Account that has been inactive for more than twelve months: an Account is inactive where the Account Holder does not log into it.

Our Help Pages provide further information about these circumstances.

Intellectual Property

By uploading or including any material on the PIRC Service, an Account Holder expressly grants:

  • to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the PIRC Service and any other interactive services through which we or our sub-licensee make the PIRC Service (or a service based on the PIRC Service) available; and

  • to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the PIRC Service (including the material which is contributed by Account Holders or Service Providers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal.
Therefore, no-one may copy, distribute, show in public or create any derivative work from the PIRC Service, or any of the material which is found on the PIRC Service unless properly licensed to do so by us.

Privacy policy

Our Privacy Policysets out details of how we handle your personal data and related matters. Given the global nature of the World Wide Web, please note that a posting on the PIRC Service may be accessible to internet users around the world.

Our Role

PIRC is not a party to any transactions with Service Providers, and is not the seller or supplier of, and does not endorse, any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:

  • the quality, safety, or legality of the goods or services available from Service Providers; or


  • whether the Service Provider can or will supply and pass good title to any goods or services.


Account Holders should exercise no lesser degree of caution in entering into transactions with Service Providers than they would when entering into a similar transaction elsewhere.
To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Service Providers, including (without limitation) all claims and demands relating to transactions (whether completed or uncompleted) with Service Providers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Service Providers.

Misuse

We reserve the right to suspend or terminate any Account Holders access to the PIRC Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement. An Account should be used only for purchases on the Account Holder's own behalf, for the pruposes of their property investment business and not on the behalf of, or for the benefit of, any other person(s).
Account Holders must not enter into, or attempt to enter into, any transaction with a Service Provider or to endeavour to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Service Provider's offering, or (c) in breach of any terms and conditions applied by PIRC or the Service Provider to that transaction.
It is each Account Holder's obligation to ensure that any material posted by him/her or associated with his/her Account:

  • is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;


  • is not intended or likely to cause needless annoyance, inconvenience or distress to any person;


  • does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;

  • does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);

  • does not breach the rights of any person or entity (including any rights or expectations of privacy);


  • where it constitutes feedback on a Service Provider, is accurate and fair; and


  • does not advertise any goods or services.

If you see or experience anything on the PIRC Service that appears to infringe any of the above requirements, we would like you to inform us by using our Contact Form Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.

Contact from third parties

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

  • to provide all reasonable information and assistance we may require in connection with responding to that contact; and


  • to respond promptly and accurately to it, should we pass the message to you for a response.


Additional services

We or our partners may offer new or additional services through the PIRC Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the PIRC Service in an appropriate manner when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

Operation of the PIRC Service

We reserve the right to withdraw, modify or suspend aspects of the PIRC Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which adversely affect the PIRC Service. There may also be times when the PIRC Service becomes inaccessible as a result of technical difficulties experienced by PIRC or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the PIRC Service or any of the content that appears on it.

Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the PIRC Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the PIRC Service; however, we will never ask you for your password via email, telephone, or any other means other than through the www.PIRC.com website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

Liability

  • We warrant that the PIRC Service will be provided with reasonable care and skill with the intention of meeting our specifications for the PIRC Service, but we cannot and do not guarantee that the PIRC Service will meet your requirements.

  • PIRC shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

  • Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence.


  • Subject always to sub-Clause e. below, PIRC shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. PIRC's aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you obtain your Account, shall be limited to the greater of £5 (five pounds sterling), in respect of that twelve-month period.

  • We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

    • for any loss of revenue, business, anticipated savings or profits, or


    • for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the PIRC Service or other non-performance of this Agreement or otherwise.

  • To avoid doubt, nothing in this Clause 12 limits our obligation to pay Cashback to an Account Holder who requests the payment of his/her Balance.


  • Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

  • For the avoidance of doubt, PIRC will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with Service Providers, or any activity or communication relating to such material or transactions.

  • The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.

Indemnity

You agree upon demand to indemnify PIRC against and to be wholly responsible for all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Service Provider.

Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of PIRC assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to the PIRC Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the PIRC Service, except for any fraud or fraudulent representation by either of us.

Changes to this Agreement

We reserve the right to change this Agreement from time to time, and post the new version on the PIRC Service. When we do so, we will post the new version of the Agreement on the PIRC Service, and the new version of these terms and conditions will take effect, and will govern the PIRC Service and your relationship with us:

  • commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the PIRC Service; or


  • immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.


General

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and PIRC are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Law

This Agreement, and our relationship with you and each Account Holder, is governed by the laws of England.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement and any hearing will be held at a court in Northamptonshire.

Keeping this Agreement

We don't separately file the individual Agreements entered into by Account Holders when they register for the PIRC Service. You can access it at www.PIRC-Card.co.uk Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

Contact

We are Property Investor Reward Club Limited, and our address for correspondence and queries is PIRC-Card.co.uk, PO Box 500, Northampton, NN3 3WQ. We are a company registered in England and Wales under registration no. 10336593. Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via our Contact Form, and we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.

Initial Disclosure Document About our insurance service


The Financial Conduct Authority (FCA)

The FCA is the independent watchdog that regulates financial services. It requires us to give you this information. Use this information to decide if the services are right for you.

Whose products do we offer?

We provide quote indications from a panel of insurers and brokers as shown in the member’s area. The number of providers considered will be reflected in the quotation results where the quote indications are listed, when you will be able to see who the quote indications are from. You can then access those firms directly for a full quote from their web site(s).

Which service will we provide you with?

PIRC provides you with a quote system. We are not an insurance or financial broker and do not sell insurance to you directly. We allow you to use our systems free of charge to compare quotes from a number of insurers and you will then transfer to their website to buy the policy.
Where PIRC promotes a cashback offer for a particular product, the promotion relates specifically to the cashback arrangement and should not be seen as an endorsement or recommendation of the individual insurance product being promoted.
We will not provide you with any advice on any product or quotation provided and you will need to make your own decision regarding its suitability for you in your individual circumstances.

Changes to this privacy statement

This Privacy Policy is correct as of 01/02/2016.

What will you have to pay us for our services?

We normally receive a Referral Fee from the insurer with whom you place your business and do not charge you a fee.

What to do if you have a complaint?

Our aim is to provide a first class service, however, if you wish to register a complaint about our insurance service, please contact us:
…in writing
Complaints Manager
PIRC Card
PO Box 500
Northampton
NN3 3WQ
…by email
info @ PIRC-card.co.uk
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