Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET OUT BELOW.
1. Terms of website use
- 1.1. These terms and conditions (together with the documents referred to in it)
provide the basis on which you may make use of our Site www.hartlinkonline.co.uk and any other website which we may establish
(“our Site”), whether as a guest or a registered user. Use of our Site includes
accessing, browsing, or registering to use our Site.
2. Information about us
- 2.1. Our Site is operated by Capita Pension Solutions Limited (“we” or “us”)
on behalf of your employer and/or pension scheme trustee. We are registered
in England and Wales under company number 02260524 and have our registered
office situated at 65 Gresham Street, London, EC2V 7NQ. We are authorised
and regulated by the Financial Conduct Authority under registration number
142484.
- 2.2. If you need to contact us regarding use of our Site include log-in
issues, please Contact Us or call us on 0114 2737331
(or +44 0114 2737331 if calling from overseas).
3. Other applicable terms and interpretation
- 3.1. These terms and conditions incorporate our Privacy and Cookie
Policy, which can be accessed from our Site.
4. Access to the Site
- 4.1. By accessing our Site you agree to use our Site, including all features
and functionalities, content and software associated therewith, in accordance
with all applicable laws, rules and regulations, including public performance
limitations or other restrictions on use of the service or content.
- 4.2. In addition, the following specific restrictions apply to your use of our Site:
- 4.2.1. you are licensed to retrieve, display, copy and print
portions of our Site solely to facilitate your use of the information
and/or services available to you via our Site. Any other use of the
content of our Site and any alteration, modification, reproduction
or distribution of content of our Site without our prior written
permission is strictly prohibited;
- 4.2.2. you must not remove any copyright or trade mark notices
which appear on our Site and you are expressly prohibited from creating
any database (whether in electronic or hard copy form) from the content
of our Site;
- 4.2.3. you may link to our Site home page from a website that is
owned by you, provided you do so in a way that is fair and legal and
does not damage our reputation. You must not establish a link in such
a way as to suggest any form of association, approval or endorsement
on our part where none exists. We reserve the right to withdraw linking
permission without notice;
- 4.2.4. you must not misuse this site by knowingly introducing
viruses, Trojan Horses, worms, logic bombs or other material which
is malicious or technologically harmful, or performing any kind of
attack including a denial of service attack;
- 4.2.5. you must not attempt to gain unauthorised access to our
Site, the server on which our Site is stored or any server, computer
or database connected to our Site;
- 4.2.6. you shall not use our Site in a way that is unlawful or
fraudulent, or conduct yourself in an abusive or threatening manner;
and
- 4.2.7. you shall not use our Site to transmit, or procure the sending
of, any unsolicited or unauthorized advertising or promotional material
or any other form of similar solicitation (spam).
- 4.3. We reserve the right in our sole discretion to deny users access to
our Site or any part of our Site without notice and to decline to provide
the service to any user that is in breach of these conditions. Breach may
also constitute a criminal offence under the Computer Misuse Act 1990
reportable to relevant law enforcement agencies.
5. Your account and password
- 5.1. If you choose, or you are provided with, a user identification code,
password or any other piece of information as part of our security procedures,
you must treat such information as confidential. You must not disclose it to
any third party.
- 5.2. We have the right to disable any user identification code or password,
whether chosen by you or allocated by us, at any time, if in our reasonable
opinion you have failed to comply with any of the provisions of these terms
and conditions.
- 5.3. If you know or suspect that anyone other than you knows your user
identification code or password, you must promptly notify us using the details
in paragraph 2.2 above.
6. Ownership of our Site and its content
- 6.1. We are the owner and operator of our Site. All intellectual property
rights in the content of our Site belong to us, your employer (where applicable)
or to other third parties from whom we have obtained a licence.
- 6.2. The images, logos and names on our Site which identify us as a
provider of products or services from time to time are our proprietary marks
or of the provider concerned. Nothing in our Site shall confer on any person
any licence or right with respect to any such image, logo or name.
7. Information, not advice
- 7.1. Whilst our Site provides sufficient information for you to make
informed decisions, it does not constitute advice or recommendations
(professional or otherwise) upon which reliance should be placed. Should you
require advice as to investments or protection, you should independently seek
financial and/or other professional advice from an appropriately qualified individual.
Free and impartial advice and guidance can be obtained from MoneyHelper;
https://www.moneyhelper.org.uk/en/pensions-and-retirement.
8. No warranties, liability
- 8.1. Whilst we have taken all reasonable steps to ensure the accuracy
and completeness of the information on our Site, including that provided by
third parties, we give no warranties or representations regarding the accuracy,
reliability, suitability for any purpose or completeness of the content of our
Site, nor any goods or services offered by third parties on or through our Site.
Consequently, to the fullest extent permitted by law, we exclude all liability
(howsoever arising, even if foreseeable) for any direct or indirect losses or
damages arising out of errors or omissions contained in our Site.
- 8.2. No warranty is given that our Site shall be available on an uninterrupted
basis and we exclude all liability in respect of such unavailability.
- 8.3. Access to and use of our Site is at your own risk, and we do not warrant
that the use of our Site or any material downloaded from it will not cause damage
to any property, including but not limited to loss of data or a computer virus,
Trojan Horses, distributed denial-of-service attack, or any other technologically
harmful material that may infect your computer, programs, data or other proprietary
material due to your use of our Site or any website linked to it, or your downloading
of any content on it. We accept no responsibility for loss, damage or technical
problems arising from use of our Site or any material downloaded from it.
- 8.4. Nothing in these terms and conditions shall exclude, limit or restrict
our duties and liabilities to you under the Financial Services and Markets Act
(2000) (as amended, varied or supplemented) and the requirements placed on us
by The Pensions Regulator, along with any subsequent amending or replacement
legislation which regulates the carrying out of investment or financial business
in the United Kingdom, or any conduct of business rules which we are bound to comply with.
Nothing in these terms and conditions shall affect any statutory rights that are not
capable of being excluded. Furthermore, nothing in these terms and conditions shall
attempt to exclude liability which cannot be excluded by law.
9. E-mail
- 9.1. Messages sent over the internet cannot be guaranteed to be completely
secure as they are subject to possible interception, loss or alteration.
We are not responsible for such messages and will not be liable to you or
anyone else for any damage or otherwise in connection with any message sent
by you to us or any message sent by us to you over the internet.
10. Your Personal Data
- 10.1. We understand that privacy is important to you and we ensure that
any Personal Data you provide to us through our Site (and via your preferred
method of contact) is handled strictly in accordance with our Privacy and
Cookie Policy.
- 10.2. Under Data Protection Legislation we are obliged to ensure that
all Personal Data held about you is obtained and processed lawfully and
fairly.
- 10.3. ‘Data Protection Legislation’ means all applicable data protection
and privacy legislation in force in the United Kingdom including, without
limitation, the UK GDPR (as defined in section 3(10) (as supplemented by
section 205(4)) of the Data Protection Act 2018), the Data Protection Act
2018 and the Privacy and Electronic Communications Regulations 2003
(SI 2003/2426) (each as amended from time to time), and where applicable
the EU GDPR (the General Data Protection Regulation ((EU) 2016/679)). The
term ‘Personal Data’ shall have the meaning given under Data Protection
Legislation.
- 10.4. The information which we collect and store during normal use of
our Site is used to monitor and analyse how parts of our Site are used. The
only Personal Data that is collected and stored are IP addresses which are
collected for security purposes. You also have the option on certain pages
within our Site to submit Personal Data to us in order to update your personal
details or that we might send you further information or email alerts. By
submitting your Personal Data through our Site, you understand that it will
be processed in the manner described as outlined by our Privacy and Cookie
Policy.
- 10.5. If you have submitted Personal Data through our Site and wish us
to cease using it for the purposes submitted, please contact your employer
and/or pension scheme trustee.
11. Email, SMS or Instant Message contact preference
- 11.1. For your security, we will only use the e-mail address, mobile
phone number (for calls and instant messaging, where available) that is shown
on the personal details page of the Site to correspond with you. Please update
the personal details page and employer and/or scheme administrator if these change,
or if you wish to amend your preferred method of contact, or no longer wish
to receive contact by phone or electronic means.
- 11.2. You will not be charged by us for using this service. However,
your network operator may charge you for receiving an SMS text, including
where overseas network charges apply.
- 11.3. We will not be responsible if, for any reason, we are unable to
send an email, SMS text or, where available, instant message to you, or for
any reason, you do not receive the email, SMS text or instant message.
- 11.4. SMS text or instant message will be sent once. You cannot request
for the SMS text or instant message to be sent again.
- 11.5. Your employer and/or scheme administrator may withdraw, suspend
or restrict the email, SMS text or instant message service with immediate
effect with or without prior notice.
12. Complaints policy and procedure
- 12.1. We pride ourselves on the service we provide to members. We are keen
to know if a member is not satisfied with any aspect of our services and we
treat all member complaints seriously. In order to ensure that complaints are
handled fairly, promptly and at the appropriate level, we have the following
policy:
- 12.1.1. Complaints may be made at any time during normal
business hours either orally or in writing to:
Mr Richard Kirwan, Head of Complaints, Hartshead House, 2 Cutlers
Gate, Sheffield, S4 7TL, 0114 273 7331
- 12.1.2. All complaints will be promptly acknowledged within 5
business days (any day except Saturday, Sunday, bank holidays and public holidays)
of receipt and the complainant will be advised of the person who will
be dealing with the complaint and when to expect a response.
- 12.1.3. If the fault alleged in the complaint is either the sole
responsibility of another firm or joint responsibility of another
firm and us, we will notify both the complainant and the firm of its
intention to refer the complaint to that other firm.
13. General
- 13.1. We reserve the right to vary these terms from time to time, and you
are deemed to have accepted the varied terms if you continue to use our Site
after variation.
- 13.2. If any provision of these Terms is held to be void or unenforceable
in whole or in part, it shall be deemed as resolved and the remainder of the
Terms will continue unaffected.
- 13.3. These terms shall be governed by and construed in accordance with
English law and in the event of dispute you agree to submit to the exclusive
jurisdiction of the English courts.