Terms of Use (Version Date - August 2023)

Please read these terms of use carefully. By accessing this website and/or using the information provided on or via this website, you agree to be bound by these terms of use.

Parties

These terms of use apply to the use of this website by you (“you”). This website is provided to you by TMF Group B.V., with its principal place of business located at Luna ArenA, Herikerbergweg 238, 1101 CM Amsterdam, P.0. Box 23393, 1100 DW Amsterdam, the Netherlands, and registered in the Amsterdam Trade Registry under number 34210962. TMF Group B.V. is part of the TMF Group, consisting of a number of companies worldwide. A full list of the names, addresses and details of the regulatory status of the companies are available on the TMF Group website.

Passwords / Login

You acknowledge and agree that it is your responsibility to keep secure and confidential any password(s) that TMF Group B.V. issue to you (or you create) and not to let such password(s) become public knowledge. If any password(s) become known by someone other than you, you must change the password(s) immediately. You confirm that no other person will access this website using your login details.

Services

This website provides you with information in relation to your interest in a pension or savings plan (the “Plan”) administered by TMF Group B.V. or one of its Affiliates (being any corporate entity that is a direct or indirect subsidiary of TMF Group B.V.). You may, from time to time, and where applicable to your Plan, choose to communicate your personal investment selections to the trustee (the “Trustee”) of your Plan via this website.

Not an Offer

This website and the information provided on this website should not be construed as an advertisement, an offer to sell, or a solicitation of an offer to buy any investments mentioned on this website and neither is it a recommendation that you (or the Trustee) buy or sell any given investment.

Not Investment Advice

No information on this site constitutes investment, tax, legal or any other advice.

Investment Selection

The Trustee has agreed the selection of investment options on this website with your (current or ex) employer (“Employer”). Investment in the products mentioned on this website may not be suitable for all members of any Plan. No party (i.e. neither your Employer, the Trustee or TMF Group B.V.) has considered (or will consider) the suitability and appropriateness of any investment selection you may make with regard to your personal circumstances, individual pension or savings requirements or risk tolerance.

Take Investment Advice

You should take your own independent professional investment advice based on your own circumstances (including but not limited to your age, Plan requirements and other assets) before providing the Trustee with any investment request via this website.

Investment Returns

Past performance of any investment is not a guide to current or future performance and should not be the sole factor of consideration when selecting a product. The value of your Plan may go up or down and you may not get back any amount saved to your Plan. The fluctuation in value of your Plan may be particularly marked in the case of any higher volatility investment selections. You should monitor the value of your investments with respect to your plans for retirement and the amount of income you will require from the Plan to maintain or achieve your required lifestyle.

Information on Investments

TMF Group B.V makes no statement, warranty or representation that the investment selection available to you via this website is appropriate for you. The investment information provided for you on this site is prepared by third party investment advisers / managers. You should read this information carefully as it contains key facts in relation to any given investment available. Neither the Trustee of the Plan, TMF Group B.V or any of its Affiliates warrant the adequacy, accuracy or completeness of any information on investments and expressly disclaim any liability for errors or omissions therein (on the basis such investment information is provided by the relevant third party investment adviser / manager).

Investment Price / Value

The price / value of any investment shown on this website are not up to date / current (i.e. not “live” market prices / values at which you can trade). No part of this website is an offer to sell / buy any investment at any price / value shown. Actual prices / values are only determined once any request is acted upon by the Trustee and communicated to the relevant investment adviser / manager for action (at the next available trade date). Neither the Trustee nor TMF Group B.V. promise that any request will be actioned at any specific price / value or at any specific time. Neither the Trustee nor TMF Group B.V. shall be liable to you (or the Trustee) for any loss arising by reason of the length of time taken to act upon any requests from you.

Information on your Plan

The details of your Plan will be provided on the website and updated from time to time upon the request of the Trustee.

Information – Frequently Asked Questions

This information is agreed with your Employer and is specific to your Plan.

Information Adequacy

You are responsible for evaluating the accuracy, completeness or usefulness of any information or other content (including but not limited to the investment Information) available on this website.

Fees

There are no fees payable by you for the use of this site. There may be fees deducted from your member account in respect of the services provided by TMF Group B.V. and its Affiliates. The details of these fees are included within the frequently asked questions section of this site. TMF Group B.V. and its Affiliates shall be entitled to retain any benefit (whether direct or indirect), including but not limited to all commissions, fees or other remuneration or profit made or derived from the provision of the Services or in connection therewith.

Functionality of this Website

All information on this website, including but not limited to graphics, text and links to other sites, is provided "as is" and is subject to change without prior notice. This website is provided, to the fullest extent permissible pursuant to applicable law, without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices. You in particular shall be solely responsible for the use of this website and investment decisions and results obtained through such use.

Liability – Exclusions

Neither TMF Group B.V. nor any of its Affiliates, agents or subcontractors shall be liable for (i) any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this website, (ii) the information provided on or via this website, (iii) the interception, modification or misuse of information transmitted to TMF Group B.V. or transmitted to you, (iv) the functioning or non-availability of this website, (v) the misuse of this website, (vi) the loss of data, (vii) downloading or use of any software made available by this website, or (viii) claims of third parties in connection with the use of this website.

Liability – Limits

In no event shall TMF Group B.V. (or any of its Affiliates) and each of their directors, officers, employees, consultants, contracts or agents be liable for any loss of goodwill, revenues, profits or any consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense suffered by you or the Trustee.

Indemnity

In return for access to this website you agree to indemnify and hold TMF Group B.V. and any of its Affiliates, and each of their directors, officers and employees harmless from and against any and all claims whatsoever including but not limited to claims from third parties relating to or arising from the provision of or the failure to provide this service, except in the event of gross negligence, willful misconduct or fraud on the part of TMF Group B.V. (or any of its Affiliates) and each of their directors, officers and employees.

Compliance with Local Laws

the Trustee, TMF Group B.V makes no representation that the information provided on or via this website is appropriate or available for use in any jurisdiction. If you use this website, you are responsible for compliance with applicable local laws.

Notification

You of this website are required to notify TMF Group B.V. immediately if any information which you are able to access on this website would cause the you, the Trustee, or TMF Group B.V. to be in breach of applicable laws or regulations. In such event, you shall (a) stop accessing this website, (b) destroy immediately any such information (and all copies) which has been downloaded or printed by you from this website, (c) disregard such information, and (d) treat such information as confidential and not disseminate it.

Availability

TMF Group B.V. makes no representation or warranty that this website will be error free or operate as an uninterrupted service. This website may be unavailable at any time including, but not limited to, for certain periods for regular updates or maintenance (without prior notice to you).

Third party information, products and services

Where we provide hyperlinks to third party websites, such links are not an endorsement by TMF Group B.V of any products or services provided on or via such websites. The use of such links is entirely at your own risk and TMF Group B.V. accepts no responsibility or liability for the content, use or availability of such websites. TMF Group B.V. has not verified the truth, accuracy, reasonability, reliability, and completeness of any content of such websites.

Use of this website

Use of this website that may hinder the use of other users, that can endanger/jeopardize the functioning of this website and/or affect the information provided on or via this website or the underlying software, is not permitted.

Intellectual property rights

TMF Group B.V., or the relevant owner, retains all rights (including copyrights, domain names, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this website (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form without the prior written consent of TMF Group B.V. or the appropriate consent of the owner. However, you may copy, print and/or download information contained on this website for your own personal use in relation to your Plan only.

Communications

Messages that you send to TMF Group B.V. by e-mail may not be secure. TMF Group B.V. recommends that you do not send any confidential information to TMF Group B.V. by e-mail. If you choose to send any messages to TMF Group B.V. via e-mail, you accept the risk that they may be intercepted, misused and modified by a third party.

Confidentiality

TMF Group B.V. shall not disclose any confidential information relating to you to any third party, except as and only to the extent that: (i) such disclosure is reasonably necessary or desirable for the proper performance of it’s of the Trustee’s duties; (ii) such disclosure is made to other entities or persons within the TMF Group and/or any sub-contractor retained to perform part or all of the services on behalf of TMF Group B.V.; (iii) such disclosure is required under any applicable law (including but limited to any laws in relation to taxation); (iv) such disclosure is required upon the order of any court or other governmental, tax, supervising or regulatory body; or (v) such information is within, or falls within the public domain through no fault of TMF Group B.V.

Data Protection

Please read our Privacy Statement on the TMF Group B.V. website.

Third Parties

No responsibility is accepted by TMF Group B.V. in respect of any act or omission of any third party placing reliance on the performance of the website. No rights or obligations shall accrue to or be imposed upon any person who is not a party to these Terms of Use or expressly referred to in these Terms of Use as having such rights or obligations. The application of any legislation giving to or conferring on third parties contractual or other rights in connection with this website is hereby excluded.

Termination

TMF Group B.V. may suspend or cease the provision of this website with immediate effect without prior notice to you.

Force Majeure

TMF Group B.V shall not be liable for any delays or non-performance of this website directly or indirectly resulting from circumstances or a cause beyond its reasonable control.

No Partnership

Nothing in these Terms of Use and no action taken by the parties pursuant to these Terms of Use shall constitute, or be deemed to constitute, the parties a partnership, association, joint venture or other co-operative entity.

Severability

Each clause, term or provision of these Terms of Use constitutes a separate and independent provision. If any clause, term or provision of these Terms of Use are determined by any court or authority of competent jurisdiction to be void, illegal or unenforceable, the remaining clauses, terms and provisions shall continue in full force and effect.

Waiver

No failure, delay or forbearance by any party in the exercise or enforcement of any rights available to it shall amount to or be deemed to be a waiver of any such rights.

Illegality

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Entire Agreement

These Terms of Use, together with the terms of the Plan (and its related trust instrument) contain the entire agreement between the parties in connection with the Services and shall supersede all prior agreements relating to that subject matter.

Variation

TMF Group B.V. reserves the right to change the information provided on or via this website, including these terms of use, at any time and without notice. It is recommended that you review this information provided on or via this website, including these terms of use, periodically for changes.

Applicable law

This website and these terms of use shall be exclusively governed by and construed in accordance with the laws of England. All disputes arising out of or in connection with these terms of use shall be submitted to the exclusive jurisdiction of the courts of England. In the event of a discrepancy or difference in interpretation between various language versions of these terms of use, the English language version shall prevail.