These Terms & Conditions, together with our privacy notice, govern EOS CLAIMS LLP’s relationship with you.
Please read these Terms & Conditions carefully before submitting your Claim Form. By accessing and making use of the Claim Form you agree to be legally bound by these Terms & Conditions as may be modified and posted on the EOS CLAIMS LLP website from time to time. These Terms & Conditions take effect from the date when the Customer first accesses the Claim Form of EOS CLAIMS LLP.
The terms “EOS CLAIMS LLP”, “us” or “we” refer to EOS CLAIMS LLP whose registered office is at 5a Frascati Way, Maidenhead, Berkshire, SL6 4UY, England and is registered in England under company registration number OC375268.
The terms “Customer”, “you” or “your” refer to the customer accessing the EOS CLAIMS LLP website and Claim Form and entering into any correspondence with EOS CLAIMS LLP.
The following applies to any information provided by the Customer to EOS CLAIMS LLP:-
1.1
If the Customer sends personal correspondence such as e-mails or letters to EOS CLAIMS LLP then we may collect this information in a file specific to the Customer (together, the various purposes set out in this paragraph and in the privacy notice, the “Purposes”). All such information collected by EOS CLAIMS LLP shall be referred to in these Terms & Conditions as “Personal Data”.
1.2
The Customer authorises the collection, use, storage or otherwise processing of any Personal Data which relates to and identifies the Customer, including but not limited to the Customer’s name and address and bank/credit card details, to the extent reasonably necessary to provide the services which are available through EOS CLAIMS LLP, its partners, successors, associates, agents, sub-contractors or other third parties, always subject to the privacy notice.
1.3
The Customer must ensure that the Personal Data provided to EOS CLAIMS LLP is accurate and complete and that it contains the Customer’s correct name, address and other requested and provided details. For more information about how EOS CLAIMS LLP deals with your Personal Data please read our privacy notice.
1.4
By accepting these Terms & Conditions, you agree to the processing and disclosure of your Personal Data for the Purposes, subject to your right to change such usage as set out in the privacy notice. . If you would like to review or modify any part of your Personal Data then you should e-mail EOS CLAIMS LLP at info@EOSClaims.com or write to EOS CLAIMS LLP at the address set out below:-
5a Frascati Way, Maidenhead, Berkshire, SL6 4UY, England.
The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail or other information that may be given to EOS CLAIMS LLP relating to your refund application claim including information provided on your Claim Form.
3.1
Neither EOS CLAIMS LLP nor its partners, servants, successors, associates, agents, sub-contractors or any other third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness of the information and materials on the Claim Form for any particular purpose. The Customer acknowledges that such information and materials may contain inaccuracies or errors and EOS CLAIMS LLP expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.2
EOS CLAIMS LLP will do their best to ensure that all materials and information on the Claim Form are accurate but all content, materials and information on the Claim Form are provided to you on an “as is” basis and you assume total responsibility and risk for use of the Claim Form and use of all information contained within it.
3.3
Your fully completed Claim Form must be received by EOS CLAIMS LLP in accordance within the time period and requirements stipulated on your ticket, transaction package or in the contract you have with your ticket agent, seller or transaction provider. No responsibility will be accepted by EOS CLAIMS LLP for any refund application claim that is late, delayed, incomplete or illegible.
3.4
EOS CLAIMS LLP will not accept any liability for any additional costs, claims or losses, indirect or consequential losses or damages or for any loss of data, profit, revenue or business (whether direct or indirect) howsoever caused, even if foreseeable.
3.5
EOS CLAIMS LLP accepts no liability for loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of EOS CLAIMS LLP or its partners, successors, associates, agents, sub-contractors, servants, principals or any other person or entity.
3.6
EOS CLAIMS LLP shall not be liable for any delay or failure to perform due to any event beyond their control.
3.7
Any limitation of liability does not apply to any liability EOS CLAIMS LLP may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
3.8
The limitations and exclusions in this clause do not affect the Customer’s non-excludable statutory rights any only apply to the extent permitted by applicable law.
EOS CLAIMS LLP cannot and does not guarantee or warrant that any material available for downloading from the Claim Form will be free from infection, viruses and/or other code that has contaminated or destructive properties. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus checks or other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The contents of the Claim Form, including all rights vested in the names and logos, are protected by international copyright laws and other intellectual property rights. All logos mentioned in the Claim Form including the Claim Form itself are the Trademark, Service Marks or Trading Names of EOS CLAIMS LLP. You may not modify, copy, reproduce or republish, upload, post, transmit or distribute by any means or in any manner, any material information on or downloaded from the Claim Form including but not limited to text, graphics, video, messages, code and/or software, without our prior written consent, except where expressly invited to do so.
6.1
These Terms & Conditions, together with the privacy notice, are the whole agreement between EOS CLAIMS LLP and the Customer. The Customer acknowledged that it had not entered into any agreement with EOS CLAIMS LLP in reliance upon any statement, warranty or representation made by EOS CLAIMS LLP or any other person and irrevocably and unconditionally waives any rights to claim damages and/or to rescind these Terms & Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms & Conditions and theprivacy notice.
6.2
If any provision or term of these Terms & Conditions shall become or are declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms & Conditions and shall be deemed to be deleted from them.
6.3
Failure or delay by the Customer or EOS CLAIMS LLP in enforcing an obligation or exercising a right under these Terms & Conditions does not constitute a waiver of that obligation or right.
6.4
These Terms & Conditions do not confer any rights on any person or party other than the Customer and/or EOS CLAIMS LLP, pursuant to the Contracts (Rights of Third Parties) Act 1999.
6.5
These Terms & Conditions will be interpreted and governed in accordance with English law. Any dispute between the Customer and EOS CLAIMS LLP will be subject to the exclusive jurisdiction of the courts of England and Wales.
It is a criminal offence to make a fraudulent refund application claim. EOS CLAIMS LLP will investigate cases and any person(s) suspected of fraud will be reported to the Police with whom we will cooperate in effecting a prosecution.
By completing the Claim Form you declare that the information contained within the Claim Form is true and correct to the best of your belief.
Any refund made as a result of your intentional incorrect statement shall be invalid and may result in subsequent action being taken against you.
You agree to assign to EOS CLAIMS LLP or their Insurer Principals all rights of recovery/salvage against any person or organisation and will do whatever else is necessary to secure such rights.
11.1
All notices shall be given to EOS CLAIMS LLP via e-mail at info@EOSClaims.comor by post to EOS CLAIMS LLP, 5a Frascati Way, Maidenhead, Berkshire, SL6 4UY, England.
11.2
All notices shall except where otherwise specifically provided be in writing in the English language and may be:-
sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received over a weekend or a public holiday in the place of receipt);
if within the United Kingdom, sent by first class paid post, in which case it shall be deemed to have been given three days after the date of posting; or
if from any place outside the United Kingdom, sent by pre-paid priority airmail, in which case it shall be deemed to have been given seven business days after the date of posting.