Transcription

YOUR TERMS AND CONDITIONS

Terms & ConditionsSECTION 1. GENERAL INFORMATIONYour American Express Identity Defence Platinum membership is made upof two separate key documents - your welcome letter and this document whichincludes the Terms and Conditions and a copy of the User Licence Agreementfor Sentinel Online Protection Software (together, “your agreement”). Pleasekeep your welcome letter with this document in a safe place for future reference.Your agreement is a contract between you and Affinion.Affinion agrees to provide the services under your agreement.Please see Section II of these Terms and Conditions. We have appointed oursubcontractors to supply some of these services. It is important that you read allof the documents forming your agreement carefully since they contain importantinformation about your American Express Identity Defence Platinummembership, including your rights and obligations.Your eligibilityAmerican Express Identity Defence Platinum membership is only availableto UK residents who are at least 18 years of age. You are under an obligationto inform Affinion if you are moving and will no longer be a UK resident.American Express Identity Defence Platinum membership is not available toBFPO, PO Box and/or business addresses.Definitions of words used in your agreement“Affinion”Means Affinion International Limited. Registered in England: companynumber 1008797. Registered address: Charter Court, 50 Windsor Road, Slough,Berkshire, SL1 2EJ, United Kingdom. Affinion International Limited, providesthe services to you through its subcontractors under your agreement. VATnumber 125495408.“American Express ”Means American Express Insurance Services Europe Limited. Registered inEngland and Wales Company number 05048826, registered office 76 BuckinghamPalace Road, London SW1W 9AX. American Express Insurance ServicesEurope Limited is a separate corporation within the American Express group ofcompanies.“American Express Identity Defence Platinum”Means the trading name for Affinion International Limited, Registered inEngland: company number 1008797. Registered address: Charter Court,50 Windsor Road, Slough Berkshire, SL1 2EJ, United Kingdom, AffinionInternational Limited.“American Express Identity Defence Platinum membership”Means membership of American Express Identity Defence Platinumcomprising the provision of services to you in consideration for payment of thefees.“application”Means your internet, phone, postal or other application for American ExpressIdentity Defence Platinum membership, which will be considered by Affinionprior to the commencement of the term.“business”Means any employment, trade, profession or occupation.“CIFAS”Means the Credit Industry Fraud Avoidance System, the UK’s fraud preventionservice.“Credit Report, Credit Report service”Means the Credit Report services described in Section II below.“Callcredit”Means Callcredit Information Group Limited. Registered in England and Waleswith company number 04968328. Registered Office: One Park Lane, Leeds, WestYorkshire, LS3 1EP“fees”Means the amount payable for your American Express Identity DefencePlatinum membership as notified during the application process, andconfirmed to you in your welcome letter. This amount will be charged accordingto the payment method set out in your welcome letter.“identity fraud”Means the use of your personal information by a third party for financial gainobtained via an identity theft event.“identity theft”Means theft of your personal identification information, which has or couldreasonably result in the wrongful use of such information, including but notlimited to theft occuring on or arising out of your use of the internet. Identitytheft shall not include the theft or wrongful use of your business name or anyother method of identifying any of your business activities.“identity theft event”Means one occurrence of identity theft or a series of related occurrences.“information”Means any documents, notifications or advice delivered to you by Affinion or itssubcontractors as part of or during the provision of the services (including butnot limited to Credit Reports and credit scores).“reasonable usage policy”Means the reasonable availability of Credit Reports within the defined period asset out in Section 2. Services b) Credit Report service including credit score.“services”Means the following services to be provided by Affinion and its subcontractorsto you as part of your American Express Identity Defence Platinummembership set out at section II below and includes:a. Identity fraud advice and resolution servicesb. Credit Report service including credit scorec. Credit monitoring serviced. CIFAS Protective Registratione. Sentinel Online Protection Software“subcontractors”Means Affinion subcontractors and service providers and currently includesCallcredit.“term”Means the membership period indicated on your welcome letter.“terms and conditions”Means this terms and conditions document.“UK”Means the United Kingdom including Northern Ireland and Isle of Man.

“User Licence Agreement”Means the User Licence Agreement for Sentinel Online Protection Software.“we, our or us”Means Affinion.“welcome letter”Means the welcome letter or email sent to you upon Affinion accepting yourapplication and which forms a part of your agreement.“you, your”Means the person to whom the welcome letter is addressed.“your agreement”Has the meaning as defined at the top of this General Section.FeesYou will be charged the fees as described in your welcome letter unless youragreement is cancelled or terminated by you or by Affinion (see below fordetails). Future fees for your American Express Identity Defence Platinummembership will be at the rate notified to you in advance in accordance with thesection entitled ‘Changes to your agreement’.TermYour American Express Identity Defence Platinum membership will runthroughout the term, unless terminated or cancelled as stated under the Sectiontitled “Cancellation and termination” below. At the end of the term, yourmembership will automatically renew for a further term unless you notify usotherwise.User Licence AgreementYou agree to fully comply with the requirements of the User Licence Agreement.Cancellation and terminationYou can cancel your agreement up until the end of your trial notice period bygiving notice to Affinion International either by writing to us at AmericanExpress Identity Defence Platinum, Operations Centre, Sentinel House,Airspeed Road, Portsmouth, PO3 5RF, or by calling us on 0800 030 4714.If you cancel within this period you will be entitled to a refund of the fees youhave paid to Affinion International, if any.On expiry of the trial period you can terminate your agreement at any time andno further periodic fees will be payable from that date. No fees already paid willbe refundable however.TerminationYour agreement will end on whichever of the following happens first: t he date your agreement is cancelled by you or Affinion International; t he date you cease to be resident within the UK; a t Affinion International’s discretion if the fee for this product is not paid.Affinion International may cancel your agreement at its discretion by givingyou 30 days notice in writing. If this occurs you may be entitled to a pro ratareturn of the fees.Changes to your agreementWe, or our subcontractors, will notify you in writing regarding any materialchanges to the services, your agreement or the fees. Wherever possible, we willendeavour to notify you of such changes at least 30 days in advance of themtaking effect.In the event of any such changes your attention is drawn to your general right oftermination as set out above.Choice of lawUnless Affinion agree otherwise, the language of your agreement and eachpart thereof generally and all communications relating to it will be English.Your agreement is governed by and interpreted in accordance with the laws ofEngland (or the laws of Scotland if you are domiciled there). Disputes arisingin connection with your agreement shall be subject to the non- exclusivejurisdiction of the courts of England and Wales unless you choose the jurisdictionof your domicile if you are domiciled in Scotland or Northern Ireland.What to do if you think you are a victim of an Occurrence ofidentity theftFirstly, contact American Express Identity Defence Platinum without delay on0800 030 4714. Your consultant will help you and make suggestions on what youneed to do next, for example;1. File a police report within 24 hours of discovering the identity theft.2. Notify your bank(s), payment card company(ies) and all other accounts of theidentity theft within 24 hours of discovering the identity theft.SECTION 2. SERVICESThe services provided by Affinion International and itssubcontractorsa) Identity fraud advice and resolution services If you need any advice about your Credit Report or about identity theft,you can speak to one of our experts on 0800 030 4714. If identity fraud issuspected by the expert, you will receive initial advice and will be assigned a‘victim of fraud’ consultant who will analyse your Credit Report with you,and if necessary formally open a case on your behalf and liaise directly withany lenders searching your Credit Report, or that have recorded a creditaccount, to seek to have any inaccurate credit information corrected bythe lender. Your dedicated victim of fraud consultant is available betweenthe hours of 8am – 8pm Monday to Friday, 9am - 5pm Saturday to Sunday,excluding UK bank holidays. The services provided to you are limited tothe description above. The services are provided whether or not an identitytheft event has actually occurred. The identity fraud resolution serviceis not insurance, and nothing in your agreement will oblige Affinion orits subcontractors to compensate you or assume any risk of or in relationto an identity theft event occurring. For the avoidance of doubt, neitherAffinion nor its subcontractors will be able to become involved in any legalproceedings with a lender or any other investigatory body if a lender disputeswhether there has been an identity theft event.

b) Credit Report service including credit score After we have validated your application for American Express IdentityDefence Platinum, we will send you your Credit Report, together withyour welcome letter, this will also activate the credit monitoring service.By applying for American Express Identity Defence Platinum, you areauthorising us to pass on your data to Callcredit to provide the report andmonitoring service under Section 7 of the Data Protection Act 1998, subjectto authentication. Unlimited availability of your Credit Report is subject toreasonable usage policy which is a maximum of 30 reports in any one month.c) Credit monitoring service Once your Credit Report has been requested as set out above, you will receivea periodic notification alerting you to any significant changes which haveoccurred in the previous month (including but not restricted to): Your Callcredit Credit Report is searched, An account is added or deleted from your Credit Report, A change is made to the payment history of your credit accounts, A judgement, voluntary arrangement or bankruptcy or a decree, debtarrangement or sequestration in Scotland) is added or deleted.If there have been no such changes then you will be notified every month thatthis is the case.d) CIFAS Protective Registration If we identify that you are at risk of identity fraud we may suggest placing aprotective registration warning with CIFAS to help protect you. Upon placingthe warning, we will send you a form requesting your signed confirmation tokeep this service. Unless you return the signed form within 21 days from thedate that the warning was placed, the warning will automatically be removed.e) Sentinel Online Protection Software Sentinel Online Protection Software helps protect your pc from email‘phishing’ and key logging attacks. Once you have registered online, you willbe able to download your Sentinel Online Protection Software subject to theUser Licence Agreement. You are able to download this software a maximum of three times, and willreceive automatic updates for as long as you remain a member of AmericanExpress Identity Defence Platinum.How to make a complaint regarding the servicesIf you have cause for dissatisfaction and wish to complain about the serviceelements of this service or about the way in which the product was sold pleasecontact Affinion on 0800 030 4714 or write to: Customer Services Manager,American Express Identity Defence Platinum, Sentinel House, Airspeed Road,Portsmouth, Hampshire, PO3 5RF quoting your American Express IdentityDefence Platinum membership number.We aim to promptly solve most of our customers’ complaints at the initial pointof contact. Our staff are fully trained to deal with your complaint quickly andeffciently. However should you not be satisfied with the response you havereceived, your complaint will be responded to by the Customer Relations Teamwho will aim to resolve your complaint, if this is possible, by the end of the nextworking day following receipt of your complaint. If we cannot resolve yourcomplaint within this time we will write to you within 5 working days, and doour best to resolve the problem within 4 weeks. If we cannot respond within thesetimescales we will write to you again within 4 weeks to provide you with a finalresponse or to let you know when we will contact you again, which will be within8 weeks from when you first contacted us about your complaint.If we have not resolved your complaint to your satisfaction within eight weeksfrom when you first contacted us you may refer your complaint to the FinancialOmbudsman Service for an independent review.General rightsYour agreement and any written representations given to you during yourapplication constitute the entire agreement between you and Affinion. A personwho is not a party to your agreement shall have no rights under the Contracts(Rights of Third Parties) Act 1999 to enforce any terms of your agreement.SecurityYou may be required to validate any request you make to Affinion by providingthe security details you have registered during your application. Failure toprovide such security details or other suitable validation will result in Affinionrefusing to act upon such a request. If you have not registered security detailswith Affinion you should contact them as soon as possible to ensure they are ableto provide you with the service to which you are entitled.Call MonitoringYou are advised that any telephone calls made to both Affinion, itssubcontractors and its administration and claims handling units may berecorded. These recordings may be used to monitor the accuracy of informationexchanged between you and the relevant staff. They may also be used to allowadditional training to be provided to Affinion staff and its subcontractors, forquality control purposes and in the investigation of any complaints or queriesregarding the services. The staff are aware that conversations are monitored andrecorded.Keeping details up to date and changing addressTo ensure that you are entitled to receive the full benefits provided by theservices, you must keep Affinion informed of any changes, additions or deletionsto your registered card for payment of the fees. You must inform Affinion of anychange to your home address.Data Protection ActThe details you supply to Affinion and its subcontractors will be stored securelyand used by Affinion and its subcontractors to administer your AmericanExpress Identity Defence Platinum membership. Information may be disclosedto American Express, regulatory bodies and/or your bank or card issuerand its subcontractors for the purposes of providing the services, regulatorypurposes, including carrying out necessary sanction checks, and in relation tothe cancellation of your membership for monitoring and quality purposes. Thesedetails will not be kept for longer than is necessary. You are entitled to a copyof all of the information held about you for which Affinion may charge you 10. Subject to the precise data consents given by you, your bank/card issuerwill pass your name, address and card details to American Express IdentityDefence Platinum for future renewals for the purpose of billing your accountwith the fees. By entering into your agreement, you give your consent to thetransfer of data outside of the EEA to the USA (including to an affiliate companyof Affinion) for the purposes stated above. Your data may also be disclosed tothird parties where required by law or in the event that Affinion merges with oris bought by another company, or otherwise undergoes a corporate restructuring.For more information about the data processing activities of Affinion and itssubcontractors please write to Customer Services Manager, American ExpressIdentity Defence Platinum, Sentinel House, Airspeed Road, Portsmouth,Hampshire, PO3 5RF.

LiabilityPromises:American Express Identity Defence Platinum will use all reasonable skilland care in the supply of the services to you. Please note however that theinformation comes from a number of third party sources who may not alwayskeep their information up-to-date. You agree that one of the purposes of thesupply of Information is to alert you to inaccurate information from third partydatabases. For that reason, any guarantee or warranty that any Information iscomplete, accurate, up-to-date or error-free, of a satisfactory quality or fit forany particular purpose is inappropriate to the nature of the Services, and weexclude all liability in this respect unless (and to the extent) attributable to ourbreach or negligence. Except as expressly set out in Your agreement, AmericanExpress Identity Defence Platinum excludes all other promises to the extentthat American Express Identity Defence Platinum are legally allowed toexclude them. (Please refer to your local Citizen’s Advice Bureau or local tradingstandards office for information about your statutory rights and promiseswhich American Express Identity Defence Platinum are not legally allowed toexclude).Limitation of Liability:This section (and any other clause excluding or restricting our liability) appliesto American Express Identity Defence Platinum’s directors, officers, employees,subcontractors, agents and affiliated companies as well as to American ExpressIdentity Defence Platinum. Nothing in this services Agreement in any waylimits or excludes American Express Identity Defence Platinum’s liability fornegligence causing death or personal injury or for fraudulent misrepresentationor for anything which may not legally be excluded or limited. Without prejudiceto the rest of your agreement, American Express Identity Defence Platinum’sliability of any kind in respect of any services or otherwise shall be limited tothe amount equal to fees payable by you in any twelve month period under youragreement. In no event will American Express Identity Defence Platinum beliable for any:1. economic losses (including, without limit, loss of revenues, profits, contracts,business or anticipated savings)2. loss of goodwill or reputation3. losses that you incur that were not reasonably foreseeable to you andAmerican Express Identity Defence Platinum when your agreement wasentered into, or4. damage to or loss of data, to the extent that this was not in thecontemplation of American Express Identity Defence Platinum and youat the commencement of the term and is not attributable to AmericanExpress Identity Defence Platinum’s negligence or breach of youragreement. American Express Identity Defence Platinum will notpay for losses arising from our inability to provide the services in theevent of war, terrorism, invasion, an act of foreign enemy, hostilities(whether war be declared or not), riot, strike, civil commotion, civil war,revolution, insurrection or military or usurped power. If any provisionof your agreement is found by any court or administrative body ofcompetent jurisdiction to be invalid or unenforceable, such invalidity orunenforceability shall not affect the other provisions of your agreementwhich shall remain in full force and effect.Calls may be taped or monitored for quality, training and compliance purposes.American Express Identity Defence Platinum is administered by AffinionInternational Limited, registered in England and Wales, company no. 1008797,50 Charter Court, Windsor Road, Slough, Berkshire, SL1 2EJ. American ExpressInsurance Services Europe Limited, registered in England and Wales, companyno. 05048826, 76 Buckingham Palace Road, London SW1W 9AX, is a separatecorporation within the American Express group of companies.

Identity Defence Platinum is the trading name of Anion International Limited. Registered in England No. 1008797.Registered address: Charter Court, 50 Windsor Road, Slough, Berkshire, SL1 2EJ. VAT number 787444677 Copyright 2011 A nion International Limited.Calls may be taped or monitored for quality, training and compliance purposes.American Express Identity Defence Platinum is administered by Affinion International Limited, registered in England andWales, company no. 1008797, 50 Charter Court, Windsor Road, Slough, Berkshire, SL1 2EJ. American Express InsuranceServices Europe Limited, registered in England and Wales, company no. 05048826, 76 Buckingham Palace Road, LondonSW1W 9AX, is a separate corporation within the American Express group of companies. Oline T&Cs 1313

“American Express ” Means American Express Insurance Services Europe Limited. Registered in England and Wales Company number 05048826, registered office 76 Buckingham Palace Road, London SW1W 9AX. American Express Insurance Services Europe Limited is a separate corporation within