The Trustee and its administrator, Railpen Limited (together, “we” and “us”) have made every effort to ensure the accuracy and suitability of the information contained on this website. Your use of the Website is subject to these terms and conditions. If you do not wish to accept these terms and conditions, you should not use this Website.
1. Access to the website
1.1. You will be asked on registration to accept these terms and conditions. Once accepted, these terms and conditions will form an agreement between you and us. You then have a right to use the website in accordance with these terms and conditions until it comes to an end in accordance with these terms and conditions.
1.2. You are granted the right to use the website and your personal user ID and password in accordance with these terms and conditions and any other reasonable instruction for use supplied by us to you.
1.3. You should ensure that your access to the website is secure. Therefore you should, where possible, access the website via your own personal device which is kept up to date with the latest anti-virus software and firewalls.
1.4. If you use an internet cafe, a networked device or a shared device to access the website, be aware that your personal information may be stored in the memory of that device and may be accessible to another person.
1.5. You should ensure that you securely log off the website when you have finished accessing your personal pension information.
1.6. In accessing the website by using your personal user ID and password, you will gain access to the information which we hold about you. Your right to use the website is personal to you, so you should not permit any other person to gain access to the website using your personal user ID and password. You should ensure the confidentiality and proper use of your user ID and password and not disclose it to anyone else. You should restrict access to any devices used to access the website, or any other device which stores your details. You should not leave any device unattended whilst that device is logged on to the website.
1.7. In order that we can take steps to protect your information, you should tell us as soon possible if you believe that someone other than you knows your user ID and password, or has access to your account on the website. We may have to bar the use of your user ID and password from time to time due to security or other concerns, and we will inform you of this as soon as we can. Please then request a new user ID and password following the procedures advised by us.
1.8. The trade marks, logos and other content contained on this website is the property of us, or that of our content suppliers, and is, unless specifically stated otherwise, protected by copyright or other ownership rights. You may use the website for private purposes only. No rights in the trademarks or logos used on the website are granted to you or shall pass to you by virtue of your acceptance of these terms and conditions, or your access to the website.
1.9. As you are responsible for the reliability and accuracy of the details you provide to us in relation to the website, when you use the website please be sure to check the details you enter, or which we hold on the website, carefully. If any information is incorrect please inform us as soon as possible.
1.10. Although every effort has been made to ensure that the information given on the website is accurate, none of the information given can give you legal rights or benefits that differ from those provided in the governing trust deed and rules.
1.11. Before making any important decisions relating to your pension, you should contact us for a written statement.
2. Your Instructions
2.1. You will be deemed to have authorised us to act on any instruction initiated or sent through the website without further written confirmation to us. Such instructions will be treated as your instructions even if you can prove they were not initiated or sent by you or with your authority, provided that we or our employees were not guilty of negligence, fraud or wilful default. This authorisation remains in force until we have received notice from you of its termination (given in writing or by means of the website). Such notice will not affect the completion of transactions already initiated by us pursuant to this authority.
2.2. We may need to obtain from you written confirmation of any instruction sent through the website.
3. Restrictions on Use
3.1. You should not copy, reproduce, duplicate, modify, adopt or lend, sell or transfer the information contained on the website, except for the purpose of accessing the website and producing print-outs for your own use.
3.2. Your rights under these terms and conditions are personal to you and you should not sub-licence, assign or otherwise transfer any of those rights.
4. Liability of us
4.1. As we provide this website without charge to you, we make no warranty or representation that the website will always be available or can be accessed at all times. For example, the website may be temporarily unavailable or restricted for administrative or other reasons. The website may be temporarily or permanently suspended in the event of termination of the agreement between us and your employer (or, in the case of deferred members and pensioners, your former employer) under which the website is provided to you, or where your employer (or, in the case of deferred members and pensioners, your former employer) breaches or otherwise fails to comply with the terms of that agreement. As we provide this website without charge to you, we accept no responsibility and will not be liable (to the fullest extent permitted by law) for any losses, costs, damages or expenses, incurred as a result of negligence or otherwise, arising out of or in connection with, any interruption, suspension or loss of use of the website.
4.2. Your uninterrupted access to the website may also be prevented by certain factors outside of our reasonable control (a “Force Majeure Event”). Non-performance by us of our obligations under these terms and conditions will not be a breach of these terms and conditions to the extent that such is caused as a result of a Force Majeure Event. We accept no responsibility and will not be liable (to the fullest extent permitted by law) for any losses, costs, damages or expenses arising out of or in connection with any such Force Majeure Event.
4.3. We do not represent or warrant that the website will be uninterrupted or error-free, or free of viruses or other impairing or harmful components.
4.4. The information provided on the website is intended for general information and illustrative purposes only. It does not constitute investment, actuarial, consulting, legal, tax or any other advice, and it is not a substitute for any information and statements provided by us. We rely on the accuracy and completeness of prices and other information provided to us by third parties. It should not be relied on to make investment or other decisions. As we provide this website without charge to you, we accept no responsibility and will not be liable (to the fullest extent permitted by law) for any losses, costs, damages or expenses which you suffer as a result of any inaccuracy or unreliability of any information provided, or for your reliance on that information.
4.5. As we provide this website without charge to you, we accept no responsibility and will not be liable (to the fullest extent permitted by law) for any losses, costs, damages or expenses which you suffer as a result of any inaccuracies or omissions in the website which arise as a result of:
4.5.1. any inaccurate or incorrect information provided by you;
4.5.2. the acts or omissions of any person other than us, including, without limitation, the incorrect use of the website by you, or your failure to correctly input any data and/or information;
4.5.3. any data transmission, machine or software error; or
4.5.4. your operating error.
4.6. The website may contain links to other websites provided by independent third parties. We make no representations concerning the content of those sites and the fact that we have provided a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us with respect to such website, its owners or its providers.
4.7. Except as expressly set out in these terms and conditions, 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 excluded to the fullest extent permitted by law.
4.8. As we provide this website without charge to you, we need to limit our liability. Our aggregate liability to you whether in contract, tort, breach of statutory duty or otherwise for any losses, costs, damages or expenses whatsoever and howsoever caused arising from or in any way connected with the website shall not exceed £5 (five) million (including any claims for interest and costs).
4.9. Nothing in these terms and conditions excludes or restricts any liability of us for personal injury, death, fraud or dishonesty or otherwise to the extent that we cannot do so by law.
5.1. The following provisions relate only to information that we obtain from you through your use of the website.
5.2. You consent to the processing by us, our associated companies and affiliates and by third parties involved in the provision to you of the website of your information (including personal data) submitted by you through the website or created in the course of your relationship with us. The information we hold about you, which is stored on the website, is held in accordance with our obligations detailed in your member booklet, and in accordance with the Data Protection legislation. If you would like further information about this, please contact your pension scheme administrator.
5.3. The information you provide to us (including your email address) when using this website will be processed for the following reasons:
5.3.1. to administer your website user account;
5.3.2. to administer your pension records;
5.3.3. to process any request for advice or information;
5.3.4. for us to contact you by email regarding your pension account and with information in connection with your pension account; and
5.3.5. to customise the website according to your interests.
5.4. Any information that we collect about you is stored electronically on a database. It may also be printed and stored in our filing systems.
5.5. We will keep your personal information confidential, except to the extent that we are compelled to disclose it by law.
5.6. If you believe that the information that we hold about you is inaccurate, or if you wish us to stop processing your data for any particular purpose or purposes, please write to Railpen Limited, 2 Rye Hill Office Park, Birmingham Road, Coventry, CV5 9AB.
5.7. To comply with the Data Protection legislation, we adhere to strict technical and organisational security procedures in relation to our holding and processing of your personal information. The personal information of yours which we hold will be held securely to ensure no unauthorised disclosure or access takes place.
6. Termination and Amendment
6.1. We may terminate your right to use the website by giving notice in writing (whether electronically by means of the website or otherwise) which will be effective immediately upon being sent.
6.2. We may need to amend these terms and conditions from time to time. You will be notified of any such amendments. If, following your receipt of any such notification, you do not agree with the amendments we have made, you should cease your use of the website. If you continue to use this website after such notification you are deemed to have agreed to such amendments.
7. General Provisions
7.1. If any provision in these terms and conditions is held or made invalid by any competent court, statute, rule or otherwise, the remainder of these terms and conditions will not be affected.
7.2. These terms and conditions, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales, and you and we submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes or other claims arising out of these terms and conditions, or any non-contractual obligations arising out of or in connection with them.