You are about to access Pensions
Brief (the "Site"). The Site
is provided by PricewaterhouseCoopers LLP, the limited liability partnership
incorporated in England under registered number OC303525 and with its registered
address at 1 Embankment Place, London WC2N 6RH, (“PwC”). The Site is located at
www.pensionsbrief.co.uk. Your access to, and use of, the online information and
services provided through the Site are subject to the following terms and
conditions:
1. Limitations
on Liability
1.1
Online Services. Unless expressly stated
otherwise, the online information and services (collectively, the
"Services") provided by PwC through the Site are for general guidance
only. PwC will provide the Services based on the law, rules, applicable
regulations and associated interpretations existing at the time identified on
the Site for any particular Service. The application and impact of laws can
vary widely based on the specific facts involved. Given the changing nature of
laws, rules, and regulations, and the inherent hazards of electronic
communication, there may be delays, omissions, or inaccuracies in the
information presented on this Site. The provision of Services on the Site does
not constitute the provision of pensions preparation services, pensions advice
or pensions counsel, specific investment advice, legal advice, or professional
consulting of any kind. The Services should not be used as a substitute for
consultation with professional pensions, tax, accounting, legal, or other
competent advisors. Before making any decision or taking any action, you should
consult a professional advisor who has been provided with all pertinent facts
relevant to your particular situation.
1.2 Disclaimer.
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(a)
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YOU
AGREE THAT UNDER NO CIRCUMSTANCE WILL PWC, ANY INDIVIDUAL MEMBER OF THE
WORLDWIDE PRICEWATERHOUSECOOPERS ORGANISATION (A "PWC ENTITY"), ITS
OR THEIR RELATED PARTNERSHIPS OR CORPORATIONS, OR THE PARTNERS, MEMBERS,
AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR THE SITE, THE
SERVICES OR ANY INFORMATION CONTAINED IN THE SITE.
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(b)
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WE
DISCLAIM ALL LIABILITY IN RESPECT OF THE SITE, THE SERVICES AND SUCH
INFORMATION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED
TO, WARRANTIES THAT THE INFORMATION ON THE SITE WILL BE PROVIDED OR PREPARED
USING REASONABLE SKILL OR CARE).
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(c)
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Notwithstanding the foregoing, PwC will accept any liability which it cannot
by law exclude, including liability for:
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(i)
death or personal injury caused by its negligence or the negligence of its
employees acting in the course of their employment; and
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(ii)
its fraud and / or deceit.
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This paragraph (c) does not in any
way confer greater rights than you would otherwise have at law.
1.3
Downtime Data Loss and Security.
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(a)
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You
understand and agree that no representation or warranty is made with respect
to the functionality or availability of the Services, and that all or any
portion(s) of the Services may for a variety of reasons be unavailable to you
for use either temporarily or permanently without notice.
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(b)
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You
further agree and understand that information and data related to the
Services may be irretrievably lost or destroyed at any time, and it will be
your responsibility to make all necessary copies and backups of any
appropriate information and data posted to or obtained or available from the
Services or the Site.
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(c)
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You agree that neither PwC nor any PwC Entity nor its or their licensors
and suppliers will have any liability due to your inability to access the
Site or the Services, any portion thereof or any related data or information,
and will not have any liability in connection with the loss or destruction of
any such data or information.
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(d)
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You
understand and acknowledge that no web site or network is immune from
unauthorized access. Accordingly, PwC will not have any liability or
responsibility in connection with any unauthorized access to the Services or
the Site.
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(e)
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You
understand and agree that the Services may be unavailable due to scheduled
maintenance.
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(f)
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PwC
reserves the right to prevent or limit access to the Site or the Services for
security, upgrades or other reasonable purposes.
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2.
Indemnification.
2.1
To the maximum extent permitted by applicable
law, you agree to defend (at the indemnified party's option), indemnify and
hold PwC, each PwC Entity and its or their respective partners, members,
principals, employees, licensors, agents, affiliates, business associates,
suppliers and insurers (each an "Indemnified Person") harmless from
and against any and all losses, damages, liabilities, costs (including reasonable
attorneys' fees) and expenses in connection with any claim arising out of or in
connection with any content or information posted or transmitted by you using
the Services or that otherwise arise out of your use of the Services or the
Site or that of any other third party who is given or gains access to the
Services or the Site due to your action or inaction.
2.2
At any time, an Indemnified Person has the right
to forego the indemnification and assume the defence of any claim.
2.3
Notwithstanding this clause 2, it is not the
intent of the parties to affect the rights of any Indemnified Person's insurers
to assume the defence or settlement of any claim against such Indemnified
Person for which insurance coverage is sought under any relevant policy.
3.
Eligibility; Registration and use
of the Site
3.1
You may use the Site and the Services under these terms and
conditions provided that:
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(a)
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you
are using the Site and the Services on behalf of your employer, which is a
United Kingdom corporate or other business entity or business partnership
which can enter into legally binding contracts over the Internet under
applicable law;
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(b)
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you
are not a "consumer" for the purposes of any applicable laws or
regulations or a natural person (other than a sole professional
practitioner);
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(c)
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you are not incorporated, registered or established under the laws of any
jurisdiction not specified in your registration form and are not using the
Site from any such country; and
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(d)
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you
are not prohibited to access the Site under any applicable laws, rules or
regulations.
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3.2
If you do not qualify under the foregoing
eligibility requirements at any time, you cannot use the Site, and if you do
use the Site, you acknowledge and represent that you are eligible to use the
Site and that you are not a person referred to above.
3.3
In the event that you are a person who does not
meet the eligibility criteria set out above but nevertheless registers and uses
the Site, you as a non-eligible party shall have all the obligations,
responsibilities and liabilities as would an eligible entity that is a party to
this Agreement.
3.4
All registrations must contain the required
fields indicated on the registration form. You warrant that all information
provided or confirmed by you in connection with registration is true, accurate,
complete and up-to-date and you agree to make any changes necessary to your
user profile on the Site to ensure that such information is true, accurate,
complete and up-to-date at all times.
3.5 Security.
This Site uses cookies to confirm that your computer may access the
Site and the Services. YOU ARE
RESPONSIBLE FOR ALL USE OF THE SERVICES AND THE SITE MADE VIA YOUR COMPUTER,
REGARDLESS OF THE IDENTITY OF THE PERSON MAKING SUCH USE, AND PwC AND ITS
LICENSORS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY
UNAUTHORISED USE OF THE SITE OR THE SERVICES VIA YOUR COMPUTER.
3.6
Restrictions. Except as otherwise expressly
permitted under this Agreement, you may not do any of the following, nor may
you authorise any third party to do any of the following with respect to the
Site or the Services, including without limitation any of its related
technology and databases:
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(a)
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access
or use any portion except for your internal business purposes (and in
particular not to use or access any portion thereof for marketing or
advertising purposes);
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(b)
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modify
or create any derivative works;
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(c)
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decompile, disassemble, reverse engineer, or otherwise attempt to derive
the related source code;
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(d)
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redistribute,
encumber, sell, rent, lease, use for service bureau purposes, sublicense or
otherwise transfer any related rights; or
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(e)
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remove
or alter any related trademark, logo, copyright or other proprietary notices,
legends, symbols or labels.
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You may not reproduce or copy any
portion of the Site or Services other than:
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(a)
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to
access the Site and Services in accordance with this Agreement; or
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(b)
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to
reproduce a reasonable number of hard copies of information obtained from the
Site and Services for the use only of the individual who is registered for
the Site in the course of his / her employment with the entity which is
registered for the Site and provided that such copying is done on an ad hoc
basis only and that no more than one article or extract is reproduced on each
occasion.
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3.7 Linking.
You may not link to the Site from any website without PwC's prior
written consent. If and where the Site or the Services provide links to any
third party website, such website may not be under either PwC's control and
accordingly PwC will have no responsibility for, and does not make any
representations or warranties with respect to, such website or any content,
products or services in connection therewith, and PwC does not endorse any of
the same.
3.8 Compliance
with Laws. You will comply with all applicable domestic and
foreign laws, rules and
regulations in connection with your use of the Site and the Services provided
hereunder.
3.9 Changes
to Services. PwC reserves the right to change without notice,
at its sole discretion, the content, presentation, performance, functionality
and availability of the Services and the Site.
3.10 Ownership.
All right, title and interest in and to the Site and the Services,
including without limitation all information and related technology, shall
remain with PwC and/or its licensors (except with respect to content placed on
the Services by you and certain other third parties), and you shall have no
rights in the Site or the Services or any of PwC's other intellectual property.
You acknowledge such ownership and intellectual property rights and will not
take any action to jeopardise, limit or interfere in any manner with PwC's or
its licensors' ownership of or rights with respect to the same.
4. Term and Termination
4.1
PwC may, without terminating this agreement,
suspend the provision of the Services or the Site in whole or in part until
further notice without warning for any reason.
4.2
Either party may terminate this Agreement, with
or without cause, at any time, in the case of termination by PwC, by sending an
email to your email address specified in your user profile and, in the case of
a termination by you, by sending an email to PwC through the ‘Contact Us’
section on the Site.
4.3
All terms and condition of this Agreement that
are intended by their nature to survive termination of this Agreement shall
survive termination and remain in full force, including but not limited to the
terms and conditions concerning any disclaimers, intellectual property rights,
duties of confidentiality, limitations of liability, duties of indemnification,
and provisions regarding resolution of differences. Although each party's
further rights and obligations cease immediately on termination of this
agreement, termination does not affect a party's accrued rights and obligations
at the date of termination.
5.
Information about PricewaterhouseCoopers
5.1
PwC is a member of the Institute of Chartered Accountants of
England and Wales ("ICAEW") and is bound by the Guide to
Professional Ethics which can be found at www.icaew.co.uk/index.cfm?AUB=TB2I_25930.
5.2
You can contact PwC by
writing at the address specified at the beginning of these terms and
conditions, or by sending an email through the ‘Contact Us’ section
on the Site.
5.3
PwC’s VAT number is 243 8239 57.
6. Novation of
Terms and Conditions
6.1
If a person ("the Successor") succeeds (whether by
sale, assignment, transfer, merger, operation of law or otherwise) to the whole
or part of PwC’s business, PwC shall have the right to novate to the Successor,
and the Successor shall have the right to accept and assume PwC’s rights and
obligations under or in connection with this Agreement. In such case PwC and the Successor may
effect the novation by giving you written notice in which the Successor agrees
to accept and assume PwC’s rights and the obligations. The effect of such notice will be that:
6.1.1
the Successor will be substituted for PwC with effect from
the date specified in the notice and PwC will no longer have those rights and
obligations but such notice shall not affect any rights or obligations in
respect of work performed prior to that date; and
6.1.2
PwC will be entitled and bound to pass over to the Successor
all information, records and other data which they have in relation to the
Agreement and the Services but may retain one copy for record-keeping purposes
subject to any obligations of confidentiality which may be applicable;
but where a Successor succeeds to part of PwC’s
business, PwC and the Successor may only exercise their rights under this
clause where this Agreement falls within the said part.
7. General
7.1 Governing
Law, Jurisdiction and Venue.
THIS AGREEMENT AND ALL RELATIONS
BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT (INCLUDING IN RELATION TO
TORT OR ITS EQUIVALENT) SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES.
THE COURTS OF ENGLAND SHALL HAVE
EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT AND YOU HEREBY SUBMIT TO THE JURISDICTION OF THE ENGLISH
COURT.
THIS CLAUSE 5.1 IS FOR THE BENEFIT
OF PwC ONLY. AS A RESULT IT DOES NOT PREVENT PwC FROM TAKING PROCEEDINGS
RELATING TO A DISPUTE IN ANY OTHER COURTS WITH JURISDICTION AND TO THE EXTENT
ALLOWED BY LAW, PwC MAY TAKE CONCURRENT PROCEEDINGS IN ANY NUMBER OF
JURISDICTIONS.
7.2 Conflict; Severability. In
the event of any conflict between this Agreement and any procedures or
requirements set out in the Site or the Site, the provisions of this Agreement
will prevail.
If any provision of this Agreement
is held to be invalid, void or illegal, it will be severed from this Agreement
and will not affect, impair or invalidate any other provision, and it will be
replaced by a provision which comes closest to such severed provision in
language and intent without being invalid, void or illegal.
7.3 Amendment.
PwC may amend this Agreement at any time. Upon posting on the Site,
the new terms (including price) are automatically effective and binding on you.
If you do not wish to accept such amendment, you may terminate this Agreement
pursuant to Clause 4. This Agreement may not be otherwise amended.
7.4 Assignment.
You may not assign, transfer, change or otherwise seek to deal with
any rights or obligations under this Agreement without the prior written
consent of PwC. PwC may assign this Agreement.
7.5 No
Implied Waiver. No right under this Agreement or breach hereof
may be waived except in writing signed by the parties hereto. The failure of
either party to require performance of any provision of this Agreement will not
be construed as a waiver of such party's rights to insist on performance of
such provision or any other provision at some other time.
7.6 Third
Party Rights. Each PwC Entity and each Indemnified Person may
enforce the provisions of Clauses 1 and 2 subject to and in accordance with the
Contracts (Rights of Third Parties) Act 1999.