Other Policies
END USER TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THESE END USER TERMS AND CONDITIONS (“TERMS”) WHICH WILL BIND YOU.
1.1 MyPensionID Limited (registered number 11825442) of Sherrington Chambers, Unit 3 Sherrington Mews, Selsey, Chichester, West Sussex PO20 0FJ (“we”, “us” or “our”) grants you a license to use:
(a) the “myPID” mobile application software, the data supplied with the software, and any updates or supplements to it (the “App”);
(b) any online or electronic documentation relating to the App (“Documentation”); and
(c) the service you connect to via the App and the content we provide to you through it (“Service”),
free of charge as permitted in these Terms.
1.2 The license granted to you in Clause 1.1 shall apply to any other mobile, web-based or other software application, product, service and/or documentation provided or made available to you for use from time to time by MyPension ID Ltd (each being a “Product” and collectively “Products”), including (without limitation and if applicable) use of the myPID Portal and/or the Client Portal.
1.3 These Terms and the Privacy Policy and Cookie Policy referenced in Clauses 2 and 3 of these Terms, shall apply to all Products as well as to the App, and all references in these Terms to “App”, “Documentation” and “Service” shall be deemed also to apply in the same way to any Clause 1.2 Product or associated documentation.
1.4 To avoid doubt, any use by you of a Product will be deemed to constitute your acceptance of these Terms.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy located at: https://mypensionid.co.uk/privacy-policy. The policy is updated from time to time, and it is important that you regularly read that information.
Our Cookie Policy, which can be found at: https://mypensionid.co.uk/cookies, sets out information about the cookies used by the App and also forms part of these Terms.
Depending on the app store you download the App from, the ways in which you can use the App and Documentation may also be controlled by the rules and policies of the relevant app store and such rules and policies will apply instead of these Terms where there are differences between the two.
This App is compatible with certain types of mobile phone or other handheld device and requires minimum amounts of memory and types and/or versions of operating system. Please refer to your preferred app store source for detail of what these requirements will be from time to time. While we reserve the right to update and/or vary these applicable minimum requirements from time to time, it will be your responsibility to keep track of them via you liaising with your preferred app store and updating your device functionality accordingly as may be necessary in order for you to continue using the app.
6.1 Contact us If you:
(a) want to learn more about the App or the Service;
(b) have any problems using the App or the Service;
(c) think the App or the Service are faulty or misdescribed; or
(d) wish to contact us for any other reason,
please email us at info@mypensionid.co.uk or call us on 01243 608635.
6.2 How we will communicate with you. If we have to contact you, we will do so by email, using the contact details you have provided to us or by telephone if you have provided us with your phone number. If you have requested updates via push notifications, we may also communicate with you in these same ways.
In return for your agreeing to comply with these Terms you may:
(a) download a copy of the App onto your personal device and view, use and display the App and the Service on such device in order for you to [securely verify your identity with a view to enabling you to access and manage information and about you and services you are entitled to, have purchased and/or subscribed to].
(b) use any Documentation to support your permitted use of the App and the Service; and
(c) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You are personally entitled to use the App and the Service as detailed above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you transfer to anyone else, whether by sale, loan, gift or otherwise any device on which the App is installed, you must remove the App from it before transfer.
9.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you notice of any material change by notifying you of such change when you next start the App or via email or a push notification (where you have indicated you want to receive push notifications relating to the App).
9.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service. Use of the app after you have been notified of a change will constitute your agreement to the change.
10.1 From time to time we may automatically update the App and/or change the Service to improve performance, enhance functionality, effect or reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
10.3 The App will always [work with the current or previous version of the operating system (as it may be updated from time to time) and] match the description of it provided to you when you installed it.
If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms whenever using any such device, whether or not you own the device.
12.1 The App or Service may contain links to third party services and/or third party websites which are not provided by us (such as, by way of example only, those provided and operated. Such third-party services and/or websites are not under our control, and we are not responsible for and have not checked and approved such third party services or the content and/or privacy policies (if any) of such third party websites.
12.2 You will need to make your own independent judgement about whether to use any such third party services and/or websites.
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, Documentation or Service, except as part of the normal use of the App (including for normal updating or device transfer purposes) or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them or any underlying intellectual property in or attaching to any part of either of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
(i) is kept secure by you from disclosure to any unauthorised third party; and
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service.
You must:
(a) not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
(d) not upload submit or send any information which identifies another person (i.e. third party personal data) unless you are authorised by that person to do so;
(e) ensure any data or information you upload, submit or send in connection with the Service:
(f) not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(g) not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these Terms.
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.3 When we are liable for damage to your property? If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5 Limitations to the App and the Service. The App and the Service are provided for general information and the purposes set out in these Terms. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
16.7 Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the relevant app store from which you downloaded the App and in the Documentation) meet your requirements.
16.8 We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your use of the App and the Service.
17.1 We may end your rights to use the App and Service at any time by contacting you if you have not complied these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
17.2 If we end your rights to use the App and Service:
(a) you must stop all activities authorised by these Terms, including your use of the App and any Service.
(b) you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
(c) we may at our sole discretion and without further notice terminate your access to the App and cease providing you with the Service.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the paragraphs of these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your failure to comply with these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the App and the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App and the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App and the Service in either the Northern Irish or the English courts.
24. MONETISATION STATEMENT
Our client, (your supplier) acting as the relying party, is charged a fee for the provision of our verification services. The end user of our products (you) does not incur any charges for accessing or using these services. All costs associated with the service are borne by the relying party.
