This Experian Retirement Savings Plan (the “Plan”) website (the “Website”) is owned by, and operated for and on behalf of, Experian Retirement Savings Pension Trustees Limited (the “Trustees”).
Your use of the Website is governed by these terms and conditions of use (the “Terms”). Access and use by you of this Website constitutes your acceptance of the Terms. The Terms take effect from the date on which you first use this Website.
The Website may be updated at any time and the Trustees recommend that you check these Terms regularly as you will be bound by the amended Terms from the next time you access the Website. If the Trustees amend the Terms, we will notify users by displaying a pop-up box stating that the Terms have changed and by posting the amended version of the Terms with an updated effective date on this Website.
Content and permitted copying
The copyright, design rights, trade marks, domain names and all other intellectual property rights in all material and information on the Website (the “Content) belongs to the Trustees, or, if it has been licensed to the Trustees, to the relevant licensor.
You may download or print off copies of the content of this Website for your personal, non commercial use and information only. Any other storage, copying, transmission, reproduction, adaptation, upload, broadcast, distribution or incorporation of or linking to the Content in any form or media is prohibited without the Trustee’s prior written permission. The Trustees reserve all rights when agreeing to links including without limitation the right to determine the size and positioning of the link and that any link is to the Website’s homepage.
You may not use the name of Experian Finance plc (“Experian”) in any way, including in advertising or publicity amounting to distribution of materials on this Website, without Experian’s prior written permission.
You may supply a copy of any Content to a third party provided that:
(i) it is acknowledged that the Website is the source of the copy, by incorporation of this URL: www.experian.co.uk/retirementplan and of the following statement: © Experian 2013. All rights reserved;
(ii) the third party is informed that these Terms apply and the third party agrees to comply with them; and
(iii) it is not supplied in any way for commercial purposes or gain and relates to your personal use of the Website and Content.
Service provision
Experian and the Trustees reserve the right, in our sole discretion, to terminate or restrict your access to the Website at any time, without notice. Experian and the Trustees may remove any or all of the information on the Website at any time and shall not be liable for any losses caused by such removal. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
We will try to ensure that the Website performs quickly and is available 24 hours a day, but we cannot guarantee this. Experian and the Trustees will not be liable for any failure for lack of availability or slow response times of the Website.
The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for reasons beyond the control of Experian or the Trustees.
You will operate, at your own expense, a terminal or personal computer system, modem, telephone access and communication software for accessing the Website. Experian and the Trustees are not responsible for providing internet connectivity for you and you acknowledge that information accessible via this Website may not be available at all times. Experian and the Trustees will not be liable for any loss or damage howsoever arising resulting from any actions or omissions of you or of any service provider or other person through whom you may access the Website.
Experian and the Trustees will make all reasonable attempts to exclude and protect the Website from viruses and malicious software but cannot guarantee the security of the Website and you should, therefore, take appropriate steps in respect of this risk.
Reliance on the Website and disclaimer
This Website is provided for general information purposes only and does not constitute professional advice. Although the Content is considered to be accurate at the time of publication, and is reviewed periodically, you should not rely on any of the Content. The full details of benefits provided by the Plan are set out in the current trust deed and rules of the Plan. The trust deed and rules are the legal documents governing the Plan and they will always override the information on this Website if there is any inconsistency or dispute.
Because this website is made available to you free of charge, your use of any Content on this Website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. You should seek appropriate professional advice before taking or refraining from any action based on this Website and the information available on it.
Experian and the Trustees shall not be under any duty to check the accuracy of the Content of the Website, nor to make the Website available, and Experian and the Trustees make no warranties, representations or undertakings about any Content on the Website (including, without limitation, as to its quality, accuracy, reliability, security, performance, completeness or fitness for any particular purpose) or any results obtained from use of the Website, or any content of any other website linked to it. To the maximum extent permitted by law, each of Experian’s and the Trustees’ aggregate liability, whether in contract (including under any indemnity), in tort (including negligence), under any statute or otherwise, for any losses (including losses of profit or business, loss or corruption of data and the costs of reconstituting any such lost or corrupted data, loss of savings or anticipated savings, loss of contract or opportunity, or loss of goodwill, direct, indirect, special or consequential loss, damage, costs, expenses or other claims) which arise out of or in connection with the provision of the Content, your access or use of this Website, or the results obtained from the use of the Website, whether or not reasonably foreseeable, reasonably contemplated or actually contemplated by Experian or the Trustees, shall be limited to five hundred pounds Sterling (£500).
Experian and the Trustees do not restrict its liability in respect of fraudulent misrepresentation or in respect of death or personal injury directly caused by negligence or any matter which it would be illegal for Experian and/or the Trustees to exclude or attempt to exclude from Experian’s liability or the Trustees’ liability.
Linking
Apart from other websites operated for and on behalf of Experian or the Trustees (including the portal website provided by the Plan administrator) which are accessed from this Website, neither Experian or the Trustees monitor the content of third party websites and any hypertext link or other links provided on this Website are for your convenience only. Experian and the Trustees are not responsible for any hypertext link or other link to any other website contained on this Website and makes no representation or warranty as to the content of such third party websites. You are responsible for taking the necessary precautions to ensure that the third party website selected does not contain any viruses or bugs. Under no circumstances may Experian or the Trustees be held responsible for any direct or consequential losses arising from the use of third party websites accessed through a hypertext or any other link.
Experian and the Trustees exclude all liability for any third party material made available on this Website or contained on any third party website that it links to, apart from other websites operated for and on behalf of Experian or the Trustees (including the portal website provided by the Plan administrator). Any contract concluded with a third party company of a linked site will be between you and that company only and will be subject to their terms and conditions. You are responsible for viewing and complying with the privacy policy and terms of use posted at the linked sites.
Contact
The Trustees are incorporated in England and Wales and are established at Landmark House, Experian Way, NG2 Business Park, Nottingham, United Kingdom, NG80 1ZZ which is their registered office. The Trustee’s registered VAT number is GB989591829 and its company register number is 03484400.
Please contact the webmaster by emailing CHcommunications@capita.co.uk if you have any queries about this Website or the Terms. The administration team will acknowledge and answer emailed enquires within five working days.
Please note that these contact details are intended for use only in connection with the information and services provided on this Website and not for more general or unsolicited queries.
Invalidity and Waiver
If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect. Failure by the Trustees or Experian to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
Governing Law
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.