MyCompanyPension.co.uk - Helping members of occupational pension schemes to better understand their benefits.

26th June 2017
:: Terms and Conditions

 General Terms and Conditions
 
 
1.
            
General
1.1.        These are the Terms and Conditions of Service and Privacy Policy (“Terms”) that govern your use of this website, and the purchase by you of any products and/or services we provide. Please take the time to read these Terms carefully.
1.2.        By accessing this website you agree to be bound by these Terms, as amended from time to time, irrespective of whether or not you subsequently register as a user or purchase any products and/or services. If you do not agree to be bound by these Terms you should not use this website. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on the website or in downloaded form.
1.3.        All products and/or services sold through this website are not an offer by MyCompanyPension.co.uk to sell any product and/or service, but an invitation to you to make an offer for that product and/or service. We are free to accept or reject your offer at our absolute discretion.
2.             Introduction
2.1.        This website is owned and operated by MyCompanyPension.co.uk Limited (“MyCompanyPension”), Registered in England No. 05110235; Registered Office: Spencer House, 114 High Street, Wordsley, Stourbridge, DY8 5QR.
2.2.        This website provides information and educational material for members of employer sponsored pension schemes in the United Kingdom. Certain areas on the website are only available to registered users and/or subscribers who have paid and gone through the registration/Subscription process. Access to the rest of the website is free.
2.3.        This website also provides information and documents to Trustees or sponsoring employers of Pension Schemes, lawyers, pension advisers, other pension professionals and advisers.
2.4.        The website may be supported by sponsoring organisations and advertisers ("the Partners") whose names or logos appear on the website and whose own sites may be accessible by Internet links from the website.
2.5.        The information provided by this website relates to employer sponsored pension schemes in the United Kingdom and is relevant to members of employer sponsored pension schemes in the United Kingdom living within the United Kingdom. Persons outside of this scope should take additional measures to ensure the information they utilise from this website applies to their own circumstances.
3.             Use of this Website
3.1.        You agree that you will only use this website in a way which is consistent with these terms and conditions and which complies at all times with applicable laws and regulations.
3.2.        In particular, you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website.
3.3.        This website and its content may not be modified, copied, transmitted, distributed, sold, displaced, licensed, or reproduced in any way by you, without our express prior written consent. Furthermore, the transmission of threatening, defamatory, pornographic, political, or racist material that is otherwise unlawful is expressly prohibited. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of MyCompanyPension.
3.4.        Subject to the above, you may retrieve and display Content from the website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network).
3.5.        If you have access to any letter, form, questionnaire or other document under the Adviser Zone or other subscription areas of the website, we also grant you a non-exclusive, non-transferable licence for your own or your own business purposes to: (i) make a reasonable number of copies as required in connection with the review, modification and signing of the document or a modified version thereof by the parties; (ii) modify that document; and (iii) provide copies of that document to parties signing it and their legal advisors. Your attention in respect of copyright and other intellectual property rights is drawn to Section 4 of these Terms. Upon termination of your subscription to the website this licence ceases and you will not use or cause to be used any document, letter, form or questionnaire forming part of the subscription package. You must delete any such document, letter, form or questionnaire from any storage or retrieval system and any printed copies must be destroyed.
3.6.        You must not use this website for speculative, false or fraudulent transactions.
3.7.        MyCompanyPension reserves the right, at any time, to limit the access available to you without notification, and may, at its absolute discretion suspend, restrict, or terminate your use of this website or any of our services, terminate accounts, remove or edit content, or cancel orders at our absolute discretion at any time without giving any notice to you, if we believe that you have breached these terms and conditions. If we cancel an order, it will be without any liability to you.
3.8.        Except as detailed herein, you acknowledge that this website and any information that you obtain from this website may not be used by you for any purposes of commercial reward or distributed commercially without obtaining our prior written permission.
3.9.    Where a complimentary Registration or Subscription to any section of the website has been provided to you or your organisation, company or business, MyCompanyPension reserves the right, at any time, to limit the access available to you without notification, and may, at its absolute discretion suspend, restrict, or terminate your use of this website or any of our services, terminate accounts, remove or edit content, or cancel orders at our absolute discretion at any time without giving any notice.
4.             Copyright, Intellectual Property Rights, Downloading, and Copying
4.1.        You may download the materials on this website to a single personal computer and print a hard copy of the materials placed by us on this website in order to help you decide whether to proceed further with your enquiry, providing you do not delete, change or modify in any way any copyright notices on the materials you download from this website. Except for this limited licence, you may not copy, reproduce, re-publish, upload, post, transmit or distribute any material on, or Factsheets purchased from, this website in any way except as allowed within these Terms and Conditions, and doing so will constitute an infringement of the MyCompanyPension and/or third party copyright and other intellectual property rights.
4.2.    You may not delete, change or modify in any way any copyright notices on the materials you use or download from this website.
4.3.        MyCompanyPension specifically retains all copyright and other intellectual property rights and will defend all of its copyright and intellectual property, and take action accordingly.
5.             Trademarks
5.1.        ‘MyCompanyPension.co.uk’, ‘MyCompanyPension’, ‘attaining excellence using expertise gained from experience’, ‘helping members of occupational pension schemes to better understand their benefits’, ‘information communication education’ and other marks indicated on this website are trademarks or registered trademarks of MyCompanyPension.co.uk Ltd in the European Union and/or other jurisdictions and may not be used without the express written permission of MyCompanyPension.
5.2.        MyCompanyPension graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of MyCompanyPension.co.uk Ltd. MyCompanyPension trademarks and trade dress may not be used in connection with any product or service that is not a product or service offered by MyCompanyPension, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyCompanyPension.
5.3.        All other trademarks not owned by MyCompanyPension that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyCompanyPension and their permission for use should be sought accordingly or their own terms and conditions shall apply accordingly.
5.4.        MyCompanyPension will defend all of its trademarks, and will take action accordingly.
6.             Your Account
6.1.        Access to certain areas (Restricted Areas) of the website will require you to follow a Login process using unique identifiers (Login Details) such as Email address or Username and Password, which you have chosen or which have been provided to you. Your Login Details are for your own personal use. You may not allow any other person or party to use your Login Details to access the restricted areas
6.2.        You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept all financial responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure at all times and should inform us immediately if you have any reason to believe that your password has become known to any unauthorised person, or if the password is being, or is likely to be, used in an unauthorised manner.
6.3.        You undertake to us that the details you provide to us while using this website are true, correct, and complete in all respects at all times, and in particular any credit or debit card that you are using is your own and that there are sufficient funds to cover the costs of the product and/or service being purchased by you.
6.4.        It is your sole responsibility to inform us immediately of any changes to the information that you provided to us when registering or if your account has been registered on your behalf, you must inform us as soon as reasonably possible once you have become aware of any incorrect details on your account. You can access and update your registration details in the My Account area of the website or by emailing privacy@mycompanypension.co.uk 
7.             Subscription Payments
7.1.        You undertake to us that the details you provide to us while using this website are true, correct, and complete in all respects at all times, and in particular you are authorised to use any credit or debit card that you are using and that there are sufficient funds to cover the costs of the product and/or service being purchased by you.
7.2.        Failure to supply the correct credit or debit card billing; address information; and/or cardholder details, may result in delays in respect of the delivery of your order or in some cases, cancellation of your entire order.
7.3.        Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel your order if payment is declined or incorrect cardholder details and billing information have been supplied.
8.             Registration
8.1.        Within the Employer Zone and Trustee Zone areas of the website, the Restricted Area called ‘The Boardroom’ is intended for use by employers, trustees and their personnel. Within the Adviser Zone area of the website, the Restricted Area called ‘The Office’ is intended for use by persons engaged in the business of advising members of the public in relation to their personal financial arrangements, and their personnel. If you are registered to access ‘The Boardroom’ or ‘The Office’ we reserve the right to make checks on a random basis with your stated employer, scheme, company or other organisation to ensure the validity of your status in order to avoid misuse of and maintain the integrity of the website.
9.             Cancellation and Returns
9.1.        For consumers Purchasing hard copy Factsheets to be delivered by post, under the UK Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your order within 7 working days from the day after you receive the goods without giving a reason. If you cancel your order you must ensure the goods are kept in good condition and you will need to return the cancelled item(s) at your own expense to the address shown at the end of these Terms. We will refund the order or relevant part of it, including the original delivery charge to you if the whole order is returned, as soon as possible and in any case within 30 days of cancellation. You can change or cancel your order by e-mailing us at privacy@mycompanypension.co.uk or by telephoning us on 0845 123 5670.
9.2.        For consumers subscribing to the website and or ordering Documents or Factsheets as downloadable documents or as documents viewable on screen, once any agreement for the purchase of documents has been concluded, you will have no right to cancel the agreement and your payment in respect of any document to which you have purchased access will therefore be non-refundable in accordance with Regulation 13 of the Consumer Protection (Distance Selling Regulations) 2000.
10.         Pricing and Availability
10.1.     The Factsheets letters, forms, questionnaires or other documents sold by us on this website are available in a number of formats, as downloadable documents or you may order printed Factsheets, booklets or CDs or DVDs from us which will be dispatched by post. The availability of such formats may be amended or withdrawn at our absolute discretion at any time.
10.2.     Please note that where dispatch estimates are included in the acknowledgement email, they are just that. They are not guaranteed dispatch times and should not be relied upon as such. If we become aware of any significant potential delay in processing and dispatching your order, we will endeavour to inform you by e-mail.
10.3.     Despite our best efforts, an item may occasionally be mis-priced. We verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for further instructions before dispatch or cancel your order and notify you of such cancellation.
11.         Competitions and Prizes
11.1.     From time to time, MyCompanyPension may run competitions, prize draws and promotions on the website. These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions.
12.         Links to External Sites, Advertising and Sponsorship
12.1.     MyCompanyPension may choose to provide links to other websites owned by MyCompanyPension and associated companies from time to time, and may also choose to provide links to other websites that are owned by third parties that are not connected with MyCompanyPension. All links are provided for your convenience only, and MyCompanyPension shall not be responsible or liable to you in connection with your use of such other websites.
12.2.     Some of the products and/or services offered on this website may, in some instances, be supplied to you by third parties. Therefore the contract for those products and/or the services will be between you and the third party provider, and there may be additional terms and conditions that apply which you are responsible for ensuring you are aware of at the time of placing your order. MyCompanyPension shall not be responsible for the availability or content of third party information on this website or the content of any third party External Sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites.
12.3.     Where a product and/or service is being supplied to you by a third party we shall have no contractual liability in respect of that product and/or service.
12.4.     Notwithstanding the above, the supplier of any advertising promotion or sponsorship that appears on this website is deemed to have ensured that it complies with all relevant UK law. MyCompanyPension will not be responsible or liable to you for any error or inaccuracy in the content of such advertising, promotion of sponsorship.
12.5.     Where your order is not directly with MyCompanyPension we, as agents for the third party supplier, may pass your credit card details (or details of any other payment method accepted) and any other essential booking information to that third party. The placing of an order for any products and/or services by you will constitute consent to us in passing on such details.
13.         Linking
13.1.     If you wish to create a link from your website to the home page of this website you must request our express prior written permission. Such permission will not be granted or, if granted such permission will be immediately rescinded if you attempt to link from any website containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
13.2.     Upon linking to this website pursuant to these Terms, MyCompanyPension shall grant you a non-exclusive, non-transferable, royalty-free licence to use the MyCompanyPension trade mark solely for the purposes of providing an underlined, textual link from your website to this website. No other use of MyCompanyPension’s trade marks or name is permitted without the express prior written permission of MyCompanyPension. Such licence shall automatically terminate in the event of your subscription terminating for any reason under these Terms and Conditions.
13.3.     The potential linking to an internal or subsidiary page of this website located one or several levels down from the home page ("Deep Linking") or the bringing up of or presenting Content within another website ("Framing") is not permitted without our prior written permission. You must seek and obtain the prior written permission of MyCompanyPension before Deep Linking or Framing this website or any Content by contacting MyCompanyPension.
14.         Availability
14.1.     MyCompanyPension will use all reasonable endeavours to ensure that this website is fully operational at all times and that transmissions will be error-free. However, access to this website may be interrupted or restricted by us at any time in order to allow for emergency or routine repairs or maintenance to be carried out or for the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
14.2.     We will do our best to correct any errors and omissions as quickly as is practicable after being notified of them, however, because of the sophisticated technology that is required to operate this website there may be times when obvious errors occur, for example, this may result in a price, product or service or other detail displayed or presented on this website being incorrect. In this case we reserve the right to cancel any contract made on that basis, and such cancellation will be without any liability to you.
14.3.     While we shall use our best endeavours to try and ensure at all times that this website shall be free from any viruses or contaminating or destructive properties, MyCompanyPension does not make any warranty that this website is free from infection by viruses or anything else that has contaminating or destructive properties, and you should ensure that you have appropriate and adequate safeguards in place on your own personal computer to detect such viruses or contamination or destructive properties.
15.         Interactive Services
15.1.     The website may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to MyCompanyPension (together "Interactive Areas"). MyCompanyPension does not control and is not responsible for the information and/or material posted to Interactive Areas ("Posted Material") but reserves the right without reference to any third party to delete, move or edit any Posted Material or part thereof. It is a condition of your access to the website and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material.
15.2.     You are responsible for the content of your Posted Material and must comply with any additional rules which may, from time to time, be issued at particular locations within the Interactive Areas. In particular, you may not within the Interactive Areas:
a)      post, publish or link to any specific matter which is or could be taken to be the provision of legal or other professional advice;
b)      post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation;
c)       post, publish or link to any information or messages which are obscene, defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful;
d)      post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs;
e)      impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same;
f)        post or publish any information or messages containing a virus or other harmful component;
g)      disguise the origin of any message;
h)      collect or store other users' personal data; or
i)        prevent or restrict the use of the website and the Interactive Areas by other users.
15.3.     By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand MyCompanyPension from all claims, costs and expenses (including legal and other professional fees) which MyCompanyPension might suffer arising out of any of your Posted Material.
15.4.     You acknowledge that MyCompanyPension does not have any control over, or responsibility for the users posting messages to the Interactive Areas or the content of the Posted Material. As a result, MyCompanyPension cannot guarantee the veracity or accuracy of Posted Material. All use of the Interactive Areas is at your risk. You should not rely on Posted Material in any way.
15.5.     Representatives of MyCompanyPension may also submit Posted Material to the Interactive Areas. In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of MyCompanyPension nor as the views of a legal or other professional advisor.
15.6.     You hereby agree to grant MyCompanyPension a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, licence all or part of your Posted Material, including licensing third parties to use the same.
16.         Changes to these Terms & Conditions and Alterations generally
16.1.     We may amend this website, our terms and conditions, our products and/or our services at any time. We shall endeavour to notify you of any such amendments that have been made, however, amendments may be made without giving any notice to you. Therefore, please revisit this section of the website on a regular basis to review any such alterations.
17.         Warranties and Disclaimer
17.1.     MyCompanyPension warrants that the content of the products on this website is correct at the date of publication to the best of our knowledge and belief.
17.2.     MyCompanyPension does not make any recommendation, or in any way provide advice or a warranty, as to the suitability of the information included on this website in the provision of such information in a display or downloadable or paper format. MyCompanyPension is not registered with the Financial Services Authority and does not give advice under the terms of the Financial Services and Marketing Act 2000.
17.3.     The Content on this website is not exhaustive and should not be treated as such.
17.4.     The Content on this website is provided by MyCompanyPension for your general information only, is provided on an "as is" basis and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice or recommendation and should not be relied on in making (or refraining from making) any specific personal or business decision. You (and your client where relevant) should seek independent legal and other professional advice before making any such decisions. All arrangements made between you and any third party named on the website is at your sole risk and responsibility.
18.         Limitation of Liability
18.1.     MyCompanyPension its employees, contractors, or agents shall have no liability, howsoever arising (including but not limited to liability for consequential loss or damage, loss of profit or revenue) for any act or omission arising from any misuse or fraudulent use by you, or someone using your account, of this website or the services provided from time to time by MyCompanyPension or from any misunderstanding or misapplication by you of the information contained within the website.
18.2.     In the event that a User of the Advisor Zone modifies the content of documents supplied in any format from this website in accordance with clause 3.5(ii), MyCompanyPension shall have no liability for any direct or indirect losses or damages arising from the modifications made.
18.3.     In the event that MyCompanyPension is liable to you in any other respect in connection with these terms and conditions, then MyCompanyPension’s total liability shall be limited to the price of the contract that we entered into with you.
19.         Secure Technology
19.1.     All your credit card and personal information is encrypted and held on a secure SSL (Secure Socket Layer) server. SSL technology is industry standard encryption technology that protects data during transit, in particular the credit card information, from being intercepted and misused by hackers.
20.         Children
20.1.     MyCompanyPension has developed this website for the use of adults and does not sell products for purchase by children or for use by children. We encourage all persons under 16 to be supervised by their parents or guardian when on line and recommend that suitable parental controls be put in place.
21.         Electronic Communications
21.1.     When you visit MyCompanyPension or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21.2.     We will endeavour not to send you emails which you do not want, but we cannot guarantee that third parties to whom your details are sent, via the use of this website, will do the same.
22.         Complaints and Comments
22.1.     Notwithstanding the above, if you have any complaints or comments about our website or any of the products supplied to you, please contact us as shown below.
23.         Assignment
23.1.     You may not assign your rights or obligations under these terms and conditions without obtaining the prior written consent of MyCompanyPension.
23.2.     We may assign without your consent, in whole or in part, our rights and obligations under these terms and conditions to a Group Company or to a third party.
23.3.     Notwithstanding the above, these terms and conditions and all contracts made under them shall endure for the benefit of any successors or assignees of MyCompanyPension.
24.         Events beyond our reasonable control
24.1.     We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
24.2.     In such event, we shall endeavour to notify you by email and update you as and when it is appropriate to do so.
25.         Waiver
25.1.     If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
26.         Miscellaneous
26.1.     No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will have the effect of varying these terms and conditions.
27.         Third Party Rights
27.1.     Nothing in these terms and conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term contained in these terms and conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
28.         Severability
28.1.     If any term or condition in whole or in part is held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or condition or part shall to that extent be deemed not to form part of these terms and conditions and the enforceability of the remaining terms and conditions shall not be effected.
29.         Governing law and jurisdiction
29.1.     These terms and conditions, and all contracts concluded under them, are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
30.         Our details 
MyCompanyPension and MyCompanyPension.co.uk are trading names of MyCompanyPension.co.uk Ltd. This website is owned and operated by MyCompanyPension.co.uk Ltd.
 
MyCompanyPension.co.uk Ltd
PO Box 240
Telford
TF6 5YN
Telephone: 0845 123 5670
Fax: 0871 433 4662
Or you can contact us by emailing privacy@mycompanypension.co.uk
 
VAT Reg. No. 851 3371 39
 
Terms & Conditions v10.4 Amended 06/11/2007

© MyCompanyPension.co.uk Ltd – 2017