Terms & Conditions
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the website under the domain name kc.xpmemberservices.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. If you do not accept these terms, do not use the Website.1. Introduction
1.1. Access to the Website is provided to you by the Trustees of your occupational pension scheme and/or your employer and is subject to these terms and conditions of use (“Terms”).
1.2. A Username and Password will give you access via the internet to a database of scheme member information provided by Paymaster (1836) Limited (“Company”) on behalf of the Trustees of the scheme (“Information”) and a facility that will enable you, where applicable, to update information electronically and another facility that will enable you, where applicable, to initiate certain transactions electronically (together or individually referred to as the “Service”). This notice is issued by the Company.
1.3. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Provision of the Service
2.1. Once you have accessed the Service using your Username and Password, you will be deemed to have accepted these Terms and these Terms will form a legally binding agreement. From that moment, you will then have the right to access the Information and use the Service in accordance with these Terms until your right to use the Service is terminated.
2.2. The Company grants you the right to use the Service and your Username and Password, solely for use in accordance with these Terms and any other instruction or direction for use supplied to you by the Company from time to time via the Service or otherwise. You agree to comply with these Terms and any such other instruction or direction. Your right to use the Service is personal to you and you may not permit any other person to gain access to the Service using your Username and Password.
2.3. Technological changes from time to time may make the equipment which you use to access the Service (the "Equipment") obsolete or otherwise unsuitable. You are solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. The Company makes no warranty as to the suitability or otherwise of the Equipment, which is your responsibility alone. The Company reserves the right to change the Service at any time even if this causes you the need to update or replace the Equipment.
3. Security and personal data
3.1. You consent to the processing by the Company, by its associated and affiliated companies and by any third parties involved in the provision to you of the Services, of the personal data submitted by you through the Service and/or created in the course of your relationship with the Company and to the transmission of such personal data to such associated and affiliated companies and/or third parties for purposes connected with the Services and any associated member or client administration.
3.2. At its sole discretion the Company may bar the use of your Username and Password from time to time due to security or other concerns or for general administration purposes. The Company will inform you as soon as reasonably possible of such action. You may then request a new Username and Password following the procedures advised by the Company.
3.3. You agree to maintain the confidentiality of your Username and Password and agree to notify the Company immediately should you become aware of any unauthorised use of your Username, Password, account or your information on the Website. You are responsible for the security of your Username and Password and the Company accepts no responsibility howsoever arising and will not be liable for any and all activities that occur under your account to the extent that they result from your failure to comply with this paragraph.
4. Your instructions
4.1. You will be treated as authorising the Company to act on purchase, sale, switching (which involves sale and purchase) and redirection of future investments, sent through the Service without further written confirmation to the Company. For a short period after giving a switch instruction, members will be able to amend or cancel the instruction. Online instructions can only be given in English. Such instructions will be treated as your instructions if they were given using your Username and Password and provided that the Company or its employees were not guilty of negligence, fraud or wilful default (and subject to the last paragraph of the preceding section of these Terms). This authorisation remains in force until the Company receives notice from you of its termination (given in writing or by means of the Service). Such notice will not affect the completion of transactions already initiated by the Company pursuant to this authority.
4.2. The Company reserves the right to obtain from you written confirmation of any instruction sent through the Service.
5. Restrictions on use and Intellectual Property
5.1. The Company is the owner or the licensee of all intellectual property rights subsisting anywhere in the world relating to but not limited to the Information, databases, software source code, underlying technology, graphics, your Username and Password and in all material published on the Website and all of its pages (“Company Information”). All such rights are reserved. You have no rights to the Company Information other than as set out in these Terms. If you become aware of or suspect any unlawful or unauthorised use of the Service (or if you become aware of or suspect any other infringement by any person of rights of the Company in the Information) you must bring this to the attention of the Company immediately and give the Company any details you have in relation to this.
5.2. You may produce print outs of the Website or any of its pages for your own personal use only. Save as provided for in this paragraph, you agree not to copy, reproduce, duplicate, modify, adopt, lend, sell, transfer, decompile, download, exploit, license or transmit any Company Information, any part of the Website or any its contents without the Company’s prior written permission.
5.3. Your rights under these Terms are personal to you and you may not sub-license, assign or otherwise transfer any of those rights. You must not allow anyone else to use your Username and Password.
6.1. The Company makes no warranty or representation that the Service can be accessed at all times. The Service may be temporarily unavailable or restricted for administrative or other reasons. The Service may be temporarily or permanently suspended in the event of termination of the agreement between the Company, the Trustees of the scheme and your employer (or, in the case of deferred members and pensioners, your former employer) under which the Service is being provided to you. The Company does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any interruption, suspension or loss of use of the Service unless that interruption, suspension or loss of use is due to the Company’s fraud or wilful default.
6.2. You acknowledge that your uninterrupted access to and use of the Service may also be prevented by certain factors outside the reasonable control of the Company (a "Service Disruption Event") including, without limitation, the inoperation, inefficiency or unsuitability of the Equipment and the unavailability, inoperation or interruption of Internet or other telecommunication services. Non-performance by the Company of its obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Service Disruption Event. The Company does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event.
6.3. The Company will use reasonable skill and care to ensure that information available on the Website or any data or information received by you or the Company through the Website or the Services is accurate but does not otherwise offer any warranty or guarantee in relation to the Service.
6.4. The Company does not accept any responsibility and will not be liable for the performance of any third party involved in the provision to you of the Services, regardless of whether you have made contact with such third party via the Service.
6.5. The Company does not represent or warrant that this website will be error-free, free of viruses or other impairing or harmful components.
6.6. The content and any information available on or through the Website is for information purposes only. The Company does not hold itself out as providing any actuarial, accounting, consulting, investment, legal, tax or any other type of professional advice. The Company relies on the accuracy and completeness of prices and other information provided to it by third parties including fund managers and will not accept responsibility/liability for any of their errors. The Company is not responsible for the accuracy of the calculations produced by any pension modelling planner or other software tool as part of the Service if and to the extent that any inaccuracy is the result of prices or other information provided by any third party. By accepting these Terms you acknowledge and accept that any financial information contained in any such pension modelling planner or other software tool and should not be solely relied upon as the basis of any decision to enter into any financial transaction and must not be used in place of professional financial advice.
6.7. Whilst the Company will use its reasonable efforts to ensure that all transactions initiated by you via the Website are processed as soon as reasonably practicable, it shall have no liability to you in the event of any loss being suffered due to processing delays which are beyond its control.
6.8. Where the Website contain links to third party sites you should be aware that we may not control sites reached through those links and are not responsible for the content of sites which we do not control. The existence of a link on these Sites does not imply any endorsement or approval of any goods, services, opinions or other material(s) of any sort made available on or through sites which we do not control, nor do we take any responsibility for the opinions of third parties (if any) expressed on or through such sites.
6.9. The Company will not be liable if and to the extent that any losses, damages, cost or expenses suffered by you are due to the provision of false, inaccurate, misleading or incomplete information or documentation by you or any third party or due to the acts or omissions of any person other than the Company or employees including without limitation the incorrect use of the Service by you or your failure of to correctly input any data and/or information in connection with the Service.
6.10. Except as expressly set out in these Terms, all other warranties and conditions, whether implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the extent permitted by law.
7. Limitation of Liability
7.1. Subject to clause 7.3 of these Terms, the Company’s aggregate liability to you whether in contract, tort, breach of statutory duty or otherwise for any losses whatsoever and howsoever caused arising from or in any way connected with the services or the website shall not exceed £1,000,000 in the aggregate (including any claims for interest and costs).
7.2. Where any damage or loss is suffered by you for which the Company would otherwise be jointly and severally liable with any third party or third parties, the extent to which such loss shall be recoverable by you from the Company, as opposed to the third party, shall be limited so as to be in proportion to the Company’s contribution to the overall fault for such damage or loss, as agreed between all of the parties, or in the absence of agreement, as finally determined by an English court.
7.3. The Company shall not be liable for any indirect or consequential loss, expense or any loss of profits, business or goodwill you may incur, arising under or in connection with the Services, whether arising from negligence, breach of contract or otherwise.
7.4. Nothing in this clause 7 shall exclude or restrict any liability of the Company for personal injury, death, fraud or dishonesty or otherwise to the extent that it cannot do so by law.
The Company may terminate your right to use the Service by giving notice in writing (whether electronically by means of the Service or otherwise) which will be effective immediately upon being sent, but this will not affect transactions already initiated.
10. Entire Agreement
All of the terms and conditions relating to the Services and/or use of the Website are contained in these Terms and any other instruction or direction for use supplied to you by the Company. No oral communications that you may have with the Company shall override, supersede, vary or in any way alter these Terms or any part thereof unless the Company confirms them to you in writing.
12. No Waiver
Failure or delay to enforce any right under these Terms will not be construed as an implied waiver of the same or of any other right in the future.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and you agree to submit any claim or dispute arising in relation to, out of, or in connection with this Site (and any use you make of it or the services and/or opportunities offered through it) to the exclusive jurisdiction of the English courts.
This Website is operated by Paymaster (1836) Limited (company number: 03249700) whose registered address is: Sutherland House, Russell Way, Crawley, West Sussex, RH10 1UH. Our VAT number is GB858766753. Our normal hours of business are 9am to 5pm weekdays excluding bank holidays. You can contact us by writing to us at Equiniti, Sutherland House, Russell Way, Crawley, West Sussex, RH10 1UH., or by using one of this site’s contact facilities.