1.1 The following additional terms will also apply to your use of DB Online and the Services:
2.1 The Services allow you to have access to, update and use your scheme benefit plan and other related information.
2.2 The Services available to you through DB Online are subject to the Trust Deed & Rules of TPT Retirement Solutions. You can find these here: http://www.tpt.org.uk/about-us/trust-deed-rules. If there is any conflict, ambiguity or inconsistency between these Terms and the Trust Deed & Rules, the Trust Deed & Rules shall prevail.
2.3 None of the content on DB Online can be construed to be financial advice. The content on DB Online is provided for information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on DB Online.
2.4 Although we make reasonable efforts to update the information on DB Online, we make no representations, warranties or guarantees, whether expressed or implied, that the content on DB Online is accurate, complete or up to date.
2.5 Where we provide links or contact details to third parties and/or their websites, we do so for information purposes only and we provide no representation as to the content of those websites. Such links do not constitute an endorsement, authorisation, or affiliation by the Trustee of such websites, and we accept no responsibility for any loss or damage that you may suffer by using those websites. Use of any third party website is entirely at your own risk.
2.6 You may not create a hyperlink to this website without our prior written consent.
2.7 When you access your account, and accept the Terms, you are granted the right to use DB Online and its Services until the account is terminated by you or by us. We reserve the right to change these Terms at any time by posting a revised version on DB Online. Any new Terms posted will be effective immediately on posting.
2.8 You may be required to indicate your acceptance to any new Terms before you are able to gain access to your DB Online account.
2.9 Periodically, updates will be performed on DB Online and its Services to add new functionalities or fix any technological issues that occur. This may mean that the equipment you use to access DB Online requires an update that could include your browser or your computer operating system. We are not responsible for providing, updating or replacing any equipment or any related costs to allow you to access the Services. We reserve the right to change the Services even if this causes you to replace or update equipment.
3.1 Whilst we have taken care in the provision of DB Online, certain technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error free access to DB Online or the Services at all times. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services.
3.2 We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.1 You agree that you shall keep your user name, password and security question answers confidential. We are entitled to treat any access to information and changes made to data held by us on DB Online for the administration of your pension benefits using your user name, password or security answers as authorised actions made by you. You must inform us if you believe that your user name, password or security answers are being, have been or may be misused, have been mislaid or have been disclosed to a third party. If notified by you, we may block your username and password for reasons of security or for administration purposes.
5.1 We reserve the right to terminate your online account and/or Services related to your online account in full or in part at any time.
6.1 By accepting these Terms you agree that:
6.1.1 reproduction of DB Online or its Services without the written consent of the Trustee is not permitted. No part of the content of the Services is allowed to be incorporated into, or stored in any other website, electronic retrieval system or other work in any form;
6.1.2 you shall not publish, copy, distribute, modify, transmit, or reproduce in any form (whether in hard copy, electronic or other) or otherwise use the information and materials in the Services for any purposes other than those set out in these Terms;
6.1.3 you shall not translate, reverse engineer, decompile, disassemble, or create derivative works based on the information and materials in DB Online or the Services, in whole or in part, nor permit anyone else to do so;
6.1.4 you shall not use DB Online or the Services for any illegal purpose or in any manner inconsistent with these Terms, or applicable by law; interfere with the proper operation of the Services; take any action which is likely to cause the Services provided by DB Online to be interrupted or degraded; or attempt to gain unauthorised access to our computer system or the computer system of any other user;
6.1.5 you are responsible for configuring your information technology, computer programmes and platform to access DB Online and you are responsible for ensuring you have sufficient virus protection software. We do not guarantee that DB Online will be secure or free from bugs or viruses;
6.1.6 you must not misuse DB Online by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to DB Online, the server on which DB Online is stored or any server, computer or database connected to DB Online. You must not attack DB Online via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use DB Online will cease immediately.
7.1 We are the owner or the licensee of all intellectual property rights in DB Online, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from DB Online for your personal use.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
DB Online is directed to people residing in the United Kingdom. We do not represent that content available on or through DB Online is appropriate for use or available in other locations.
9.1 We are responsible to you for foreseeable loss and damage caused by us from your use of DB Online. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen.
9.2 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 and for fraud or fraudulent misrepresentation.
9.3 Please note that we only provide DB Online to you for domestic and private use. You agree not to use DB Online for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.
10.1 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
10.2 These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
10.3 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.
10.4 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 breaking 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.
10.5 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.