Terms and Conditions
1. Terms of website use
- 1.1. These terms and conditions (together with the documents referred to in it) tell you the terms and conditions on which you may make use of our Site www.hartlinkonline.co.uk and any other website which we may establish on the World Wide Web (“our Site”), whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site.
- 1.2. Please read these terms and conditions carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of these terms and conditions for future reference.
- 1.3. By using our Site, you confirm that you accept these terms and conditions and that you agree to comply with them.
- 1.4. If you do not agree to these terms and conditions, access to the Site will not be granted.
2. Information about us
- 2.1. www.hartlinkonline.co.uk is a Site operated by Capita Employee Benefits Limited and Capita Employee Benefits (Consulting) Limited (trading as Capita Employee Benefits) (“we”). We are registered in England and Wales under company numbers 02260524 and 01860772 respectively and have our registered office situated at 17 Rochester Row, Westminster, London, SW1P 1QT.
- 2.2. We are authorised and regulated by the Financial Conduct Authority under registration number 115051.
- 2.3. If you need to contact us, please call us on 0345 603 0420 or email us at firstname.lastname@example.org.
3. Other applicable terms and interpretation
- 3.1. These terms and conditions incorporate the following additional terms, which also apply to your use of our Site:
- Any references to “us” “our” and “Capita” refer to Capita Employee Benefits Limited and Capita Employee Benefits (Consulting) Limited as defined in paragraph 2.
- Any reference to “you” and “your” means any user of our Site.
- “Capita Group” has the meaning set out in Section 1261(1) of the Companies Act 2006.
4. Changes to these terms and to our Site
- 4.1. Capita reserves the right in its absolute discretion and without notice to remove, amend or vary any of the content which appears on any page of our Site, including these terms and conditions and any policies and/or further terms and conditions referred to herein. Any changes to these terms and conditions will be posted on our Site. By continuing to use our Site following any such changes you are agreeing to be bound by the revised terms and conditions.
5. Access to the Site
- 5.1. Capita reserves the right in its 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 terms and conditions.
- 5.2. Capita shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our Site resulting from any event or circumstance beyond its reasonable control including, without limitation, strikes, lock outs and other industrial disputes, breakdown of systems or network access, fire, explosion, accident, acts of terrorism or declaration of war.
6. Your account and password
- 6.1. 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.
- 6.2. 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.
- 6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us on the details above in paragraph 2.3.
7. Ownership of our Site and its content
- 7.1. We are the owner and operator of our Site. All intellectual property rights in the content of our Site (whether in the text, the design, graphics or other material or in the selection or arrangement of the content) belong to us, your employer (where applicable) or to other third parties, from whom we have obtained a licence. 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 and provided that you use this Site and its content in accordance with these terms and conditions. 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. 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.
8. Information, not advice
- 8.1. Our Site provides sufficient information for you to make informed decisions. This information does not constitute investment advice. We do not offer advice and the content on our Site is not to be taken as an offer of advice. Should you require advice as to investments or protection, you should seek financial and/or other professional advice from an appropriately qualified individual.
9. No warranties
- 9.1. Whilst Capita has taken all reasonable steps to ensure the accuracy and completeness of the information on our Site, including information on our Site provided by third parties, Capita gives no warranty and makes no representation or guarantee (whether express or implied) regarding the accuracy, reliability, suitability for any purpose or completeness of the content of our Site. Consequently, to the fullest extent permitted by law, we exclude all liability (whether arising in contract, tort, negligence otherwise even if foreseeable) for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in our Site. Further, no warranty is given that our Site shall be available on an uninterrupted basis and we exclude all liability in respect of losses or damages arising out of such unavailability.
- 9.2. We exclude all liability in respect of losses or damages arising out of changes made to the content of our Site by unauthorised third parties. We are not responsible for, and make no representations in relation to, goods or services offered by third parties on or through our Site. We exclude all liability for any misrepresentation on or relating to our Site (other than a fraudulent misrepresentation made by us or on our behalf).
- 9.3. 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, distributed denial-of-service attack, or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it. We are also not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
- 9.4. Any downloading of software or information is done at your own risk. We do not give any warranty with regard to the suitability of anything that is downloaded and accepts no liability for any problems that may arise as a result. If you are in any doubt about downloading anything, we recommend that you take specialist advice before doing so.
- 9.5. 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 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. Furthermore, nothing in these terms and conditions shall attempt to exclude liability which cannot be excluded by law. Nothing in these terms and conditions shall affect any statutory rights that are not capable of being excluded.
10. Internet e-mail
- 10.1. Messages sent over the World Wide Web cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible 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 World Wide Web.
- 11.2. Under the Data Protection Act 1998 (“DPA 1998”) you have rights to ensure that all personal data held about you is obtained and processed lawfully and fairly. 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. Such use does not result in any personally identifiable data being collected or stored.
- 11.3. The Data Controller (as defined under the DPA 1998), usually your employer, and the relevant Data Processor(s) (as defined under the DPA 1998), which will sometimes include Capita in the relevant context, have legal obligations in relation to the processing of personal data regarding you and your beneficiaries under the DPA 1998. Any information you provide in connection with any application, request or enquiry will be passed directly to the Data Processor.
- 11.5. You have the option on certain pages within our Site to submit personal information to us in order that we might send you further information or email alerts.
- 11.7. We will not disclose (or authorise the disclosure of) without your consent any personal information we collect about you when you visit our Site to a third party outside the Capita Group. In connection with any application, request or enquiry you make, your information will be passed directly to the relevant business unit within the group and as such your data may be shared amongst the Capita Group.
- 11.8. If you have submitted personal information through our Site and wish us to cease using it for the purposes submitted, please contact your employer and/or scheme administrator.
- 11.9. Capita as Data Processor will not disclose without your consent any personal information which we collect about you when you visit our Site to a third party outside the relevant scheme.
12. Email or SMS contact preference
- 12.1. For your security, we will only use the address or mobile phone number that is shown on the personal details page of the Site to correspond with you.
- 12.2. We cannot guarantee the security of email or SMS text correspondence. It is your responsibility to ensure information shown on or stored in your mobile phone or email account is kept secure.
- 12.3. You will not be charged by us for using this service. However, your network operator may charge you for receiving an SMS text from us or your employer and/or scheme administrator.
- 12.4. If you receive or send an SMS text while outside the UK, overseas network charges may apply.
- 12.5. You must let your employer and/or scheme administrator know if you change your mobile number or address.
- 12.6. We will not be responsible if, for any reason, we are unable to send an email or SMS text to you, or for any reason, you do not receive the email or SMS text.
- 12.7. Each email or SMS text will be sent once. You cannot request for the email or SMS text to be sent again.
- 12.8. Your employer and/or scheme administrator may withdraw, suspend or restrict the email and SMS text service with immediate effect with or without prior notice.
- 12.9. If you no longer wish to receive the email and SMS text service, you can cancel by writing or emailing your employer and/or scheme administrator detailing your new preference. Alternatively, you can update your SMS and email contact preferences via our Site where this functionality is available.
13. Third party services
- 13.1. We are not responsible or liable in any way for any other pages, third party services, data or information contained within or made available from the Site that you access, and the results of accessing them. In particular, you may be going to a website whose originator is not regulated under the Financial Services and Markets Act (2000) (as amended, varied or supplemented). The existence of a link to a third party's website does not constitute Capita’s express or implied endorsement of that third party, its products or services.
14. Use of the website
- 14.1. By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all 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 therein. In addition, the following restrictions apply to your use of our Site:
- 14.1.1. You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site.
- 14.1.2. You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site.
- 14.1.3. You shall not impersonate any other person while using our Site or conduct yourself in a vulgar or offensive manner while using our Site.
- 14.1.4. You shall 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.
- 14.1.5. You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- 14.1.6. You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these terms and conditions.
- 14.1.7. 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).
- 14.1.8. You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of-service attack), or otherwise adversely affect the operation of any computer software or hardware.
- 14.1.9. The following terms govern your ability to link to our Site:
- 184.108.40.206. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- 220.127.116.11. 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;
- 18.104.22.168. You must not establish a link to our Site in any website that is not owned by you;
- 22.214.171.124. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page;
- 126.96.36.199. We reserve the right to withdraw linking permission without notice; and
- 188.8.131.52. The website in which you are linking must comply in all respects with the content standards set out in this section 14.
- 14.1.10. You shall not use the Site in any way that breaches any applicable local, national, or international law, rule or regulation.
- 14.2. Third party linked websites may not be accessed by you outside the United Kingdom. Any queries regarding access to third party websites should be directed to the third party.
15. Complaints policy and procedure
- 15.1. Capita prides itself on the service it provides to its customers. We are keen to know if a customer is not satisfied with any aspect of our services and we treat all customer complaints seriously. In order to ensure that complaints are handled fairly, promptly and at the appropriate level, Capita has the following policy:
- 15.1.1. 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
- S4 7TL
- 0114 273 7331
- 15.1.2. 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.
- 15.1.3. If the fault alleged in the complaint is either the sole responsibility of another firm or joint responsibility of another firm and Capita, Capita will notify both the complainant and the firm of its intention to refer the complaint to that other firm.
- 16.1. By accessing our Site you agree to be bound by these terms and conditions. They shall be governed by and interpreted in accordance with the law of England and Wales and the English courts shall govern jurisdiction to resolve any disputes.