Terms and conditions

(including transactions)

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If you wish to receive access via the Internet or other electronic services to a database of client and other information ("Information") provided by Fidelity's system about your pension scheme managed by Fidelity ("Service") and to use the password or personal identification number ("Password") that Fidelity has provided to gain access to this computer system, please read these terms and conditions ("Terms") carefully before you access the Service.
In these Terms, "Fidelity" means whichever of FIL Pensions Management, FIL Life Insurance Limited or FIL Investment Services (UK) Ltd is providing the Service to your scheme and "Password" means any code, password or personal identification number provided by Fidelity to gain access to the computer system, any codes, passwords or personal identification numbers changed for security reasons and any separate codes, passwords or identification numbers issued by trustees,employers or their authorised agents pursuant to these Terms.

If you are:

  1. the trustees of a company pension scheme managed by Fidelity;
  2. the employer under a group personal pension scheme managed by Fidelity;
  3. a member (which shall for the purposes of these Terms include a prospective member (as appropriate)) of a group personal pension scheme managed by Fidelity; or
  4. the employer under an offshore pension scheme for which a Fidelity affiliate is the trustee, the Terms will form a contract between you and Fidelity.

If you are:

  1. a member (which shall for the purposes of these Terms include a prospective member (as appropriate)) of a company pension scheme managed by Fidelity;
  2. an authorised agent of the trustees of a company pension scheme managed by Fidelity or of an employer under a group personal pension scheme managed by Fidelity or under an offshore pension scheme for which a Fidelity affiliate is the trustee; or
  3. other person authorised pursuant to the Terms to access the Service, your use of the Service and your Password will be subject to the Terms.

If you do not understand any of the Terms, please contact Fidelity's Pension Service Centre at:
Beech Gate
Millfield Lane
Lower Kingswood
Tadworth
Surrey
KT20 6RP

 
Tel: 0800 3 68 68 68 or, if telephoning from outside the United Kingdom, +44 1737 838585.

Provision of the service by Fidelity

  1. Fidelity will make the Service available in accordance with these Terms until your right to use it is terminated.
  2. Fidelity grants you the right to use the Service and your Password solely for use in accordance with the Terms and any other instruction and direction for use supplied to you by Fidelity via the Service or otherwise and you agree to comply with these Terms and any such other instruction and direction.
  3. Changes from time to time in technology, the Service or the Information may make the equipment which you use to access the Service ("Equipment") obsolete or otherwise unsuitable. You will be responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. Fidelity makes no warranty as to the suitability or otherwise of the Equipment, which is your responsibility.

Special terms to apply to trustees of company pension schemes or employers under group personal pension or stakeholder schemes or under an offshore pension scheme for which a Fidelity affiliate is the trustee

  1. Fidelity will provide Passwords to you or to the authorised agent(s) you nominate to us. You confirm that Fidelity is authorised to make the Information as far as it relates to your scheme available to the authorised agent(s). We may, at your request, provide Passwords directly to members of your scheme.
  2. Provided Fidelity has separately agreed with you to do so, you or your authorised agent(s) may issue further Passwords to members of your scheme or to other persons as you or your authorised agent(s) choose and, subject to the Level of Access terms set out below, authorise the members or those other persons to access the Service.
  3. You agree to ensure that your authorised agent(s), the members of your scheme and any other person to whom you or your authorised agent(s) issue Passwords, comply with the Terms and with any other instruction or direction for use supplied by Fidelity via the Service or otherwise and you agree to indemnify Fidelity against any loss, costs, expenses and liabilities of whatever kind and howsoever arising out of any failure by you or any such person to comply.
  4. You acknowledge that the Information which has not entered the public domain or become generally known and the Passwords are confidential and agree that you will ensure that your authorised agent (s), the members and any other person to whom you or your authorised agent(s) issue Passwords, preserve the confidentiality of such information and of any other information relating to the provision of the Service and to Fidelity's business which is of a secretive or confidential nature ("Confidential Information"). You agree to indemnify Fidelity against any loss of whatever kind and howsoever arising out of any unauthorised use or disclosure of any of the Confidential Information or of any Password by your authorised agent(s), the scheme members or any other person to whom you or your authorised agent(s) has issued a Password. This confidentiality provision d. will survive general termination of the Terms.
  5. You will take appropriate security measures to ensure that any information about any individual to which you have access as a result of the Service is not disclosed to any person other than one who may lawfully obtain that information and that it is not used for a purpose other than that for which it was provided.
  6. Fidelity will continue to make the Service available to your authorised agent(s) and to members and to such other persons as you or your authorised agent(s) issue Passwords to until you have given Fidelity notice that it is no longer to do so, clearly setting out the person(s) for whom and the date from when access is no longer to be made available.

Level of access

Your level of access will depend on your position. Unless otherwise agreed with Fidelity:

  1. if you are the trustee of a company pension scheme managed by Fidelity or the authorised agent of the trustees or other person authorised under the Terms but who is not a scheme member, you will have access to the Information in so far as it relates to that scheme, including details of all members' accounts under the scheme.
  2. if you are the employer under a group personal pension scheme or stakeholder scheme managed by Fidelity or under an offshore pension scheme for which a Fidelity affiliate is the trustee or the authorised agent of such employer or other person authorised under the Terms but who is not a scheme member, you will have access to the Information in so far as it relates to that scheme generally but not any information about the accounts of any member of the scheme.
  3. if you are the member of either a company pension scheme or a group personal pension or stakeholder scheme managed by Fidelity, you will have access to the Information in so far as it relates to that scheme and including Information about your member's account but excluding any Information about any other member's account.

Internet switching - If your scheme permits online transactions

  1. Provided Fidelity has separately agreed to do so, Fidelity will act on instructions given to it electronically to switch between existing investments and to redirect future contributions to different investment choices ("Electronic Interactive Facility"). Fidelity will act on such instructions from a member in relation to his own account. Fidelity will also act on such instructions from one individual in relation to any particular company pension scheme ("Scheme Transactor") where Fidelity has separately agreed with the trustees of that scheme to do so. Fidelity will accept instructions from a Scheme Transactor either in relation to the assets of the scheme generally or in relation to the assets of any particular member or members, as agreed with the trustees. Where Fidelity agrees to make the Electronic Interactive Facility available, the definition of "Service" as used in these Terms will include the provision of the Electronic Interactive Facility.
  2. Fidelity will provide Passwords to allow use of the Electronic Interactive Facility. The Terms will apply to Passwords provided for the Electronic Interactive Facility as they do for Passwords provided for access to Information, except that no person to whom Fidelity has provided a Password for the Electronic Interactive Facility may issue further Passwords to allow other persons to use the Electronic Interactive Facility.
  3. Fidelity will be treated as authorised to act on switching and redirection instructions through the Electronic Interactive Facility without further written confirmation to it. Instructions will be treated as instructions from the member concerned or from Scheme Transactor even if the member or Scheme Transactor can prove they were not signed or sent by the member or Scheme Transactor, except to the extent that Fidelity has been negligent, fraudulent or has acted in wilful default. However, Fidelity reserves the right to obtain from the member or Scheme Transactor written confirmation of any instruction sent though the Electronic Interactive Facility. Where Fidelity requires written confirmation, Fidelity reserves the right not to act until it has received satisfactory written confirmation.
  4. Fidelity will issue a confirmation of any instruction given by means of the Electronic Dealing Facility. The person to whom Fidelity sends a confirmation, either by means of the Service or in writing, must notify Fidelity as soon as possible if any aspect of the confirmation does not accurately reflect the instruction given. If Fidelity is not notified as soon as possible in these circumstances, it will be entitled to act on the details set out in the confirmation.
  5. The Electronic Interactive Facility will only extend, for any scheme, to investments within the range offered by that scheme and may be more limited than the full range otherwise available to that scheme.
  6. The Electronic Interactive Facility will not enable you to give Fidelity instructions to do more than switch between existing investments or redirect contributions, for example it will not be possible to give Fidelity redemption instructions by using the Electronic Interactive Facility.
  7. Fidelity reserves the right to limit the number of instructions that may be given by or in respect of any one member in any one calendar year.
  8. The trustees of a company pension scheme managed by Fidelity or the employer under a group personal pension or stakeholder scheme managed by Fidelity or under an offshore pension scheme for which a Fidelity affiliate is the trustee, will indemnify Fidelity against any loss, costs, expenses and liabilities of whatever kind and howsoever arising from use of the Electronic Interactive Facility except in so far as the loss, costs, expenses or liabilities arise as a result of Fidelity's negligence, fraud or wilful default.
  9. In the event of a conflict between these Terms and the terms of any agreement not concerning these Services, between Fidelity and the Trustees of a company pension scheme, the employer under a group personal pension or stakeholder scheme managed by Fidelity or the employer under an offshore pension scheme for which a Fidelity affiliate is the Trustee, these Terms shall prevail in details specifically concerning use of the Service, unless expressly provided otherwise.
  10. Fidelity may terminate the right to use the Electronic Dealing Facility by giving notice in writing or by means of the Service which will be effective immediately unless otherwise stated in the notice. This will not affect transactions already initiated.

Personal data

  1. You acknowledge the terms relating to your personal data as set out in the policy conditions issued to you (as amended), the booklet or privacy statement issued to you or the contract between you and Fidelity, as appropriate.

Security

  1. Fidelity shall be entitled to assume that any person using a Password is the person to whom the Password was issued in accordance with the Terms.
  2. At its sole discretion Fidelity may bar the use of your Password from time to time due to security or other concerns or for general administration purposes. Fidelity will inform you as soon as reasonably possible of such action. You may then request a new Password following the procedures advised by Fidelity.
  3. Fidelity reserves the right to change your Password at any time and without giving reasons. Fidelity will inform you as soon as reasonably practicable of any such change.
  4. You must keep your Password confidential and shall not permit another person to use your Password. If you become aware or suspect that another person knows your Password or is using your Password you must change your Password immediately and notify Fidelity.
  5. Fidelity reserves the right to introduce other security measures without notice, to withdraw the availability of the Service to any individual or scheme and to do anything else that is necessary to preserve the security of the Information.
  6. If you copy or download any of the Information, the Information will no longer be contained within the Fidelity secure environment and you will assume full responsibility for the use, access, disclosure and security of any personal data contained within it.

Title

  1. Except where otherwise expressly stated on the Fidelity DC pensions secure website, FIL Pensions Management and associated companies own the copyright and any other intellectual property rights subsisting anywhere in the world to the Information, the databases, the Service (including any Fidelity owned software used to provide the Service) and your Password. You have no rights to the Password and Information other than as set out in these Terms. If you become aware of or suspect any unlawful or unauthorised use of the Service (or if you become aware or suspect any other infringement by any person of rights of Fidelity in the Information) you agree to bring this to the attention of Fidelity immediately and to give Fidelity any details you have in relation to this.

Restrictions on use

  1. You acknowledge that the Information which has not entered the public domain or become generally known and the Passwords are confidential and agree that you will ensure that you will preserve the confidentiality of such information and of any other information relating to the provision of the Service and to Fidelity's business which is of a secretive or confidential nature. You may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise transfer, in whole or in part, any of the Information, except, in the case of members, for the members own personal use and, in the case of trustees, employers and others, as necessary for the purposes of the relevant scheme.

Limitations of liability

  1. Fidelity makes no warranty or representation that the Service can be accessed at all times. The Service may be temporarily unavailable or restricted for administrative or other reasons and Fidelity does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with loss of use of the Service.
  2. You acknowledge that your uninterrupted access to the Service, or any part of it, may also be prevented by certain factors outside the reasonable control of Fidelity (a "Disruption Event") including, without limitation, the in-operation, inefficiency or unsuitability of the Equipment and the unavailability, in-operation or interruption of Internet or other telecommunication services. Non-performance by Fidelity of its obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Disruption Event. Fidelity does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Disruption Event.
  3. Fidelity does not accept any responsibility and will not be liable for error or omissions in the Information or Service which arise out of or in connection with data transmission or which take place due to machine or software error or malfunction or from operator error or which originate from Information obtained from third parties (except in so far as the error or omission arises as a result of Fidelity's negligence, fraud or wilful default).
  4. Fidelity does not accept any responsibility and will not be liable for any loss suffered as a result of a breach of security attributable to your copying or downloading any of the Information.
  5. In no event shall Fidelity be liable for special, indirect or consequential damages or any damages resulting from loss of use, data or profiles arising out of or in connection with the use of the Service. Notwithstanding this limitation on liability, Fidelity's liability shall only be limited to the extent permitted by law.

Termination and variation provisions

  1. Your right to use the Service will terminate automatically if you are the trustees of a company pension scheme managed by Fidelity or the authorised agent of the trustees or if you are the employer under a group personal pension or stakeholder scheme managed by Fidelity or the authorised agent of the employer, on redemption of the scheme's entire holdings with Fidelity or if you are the member of either a company pension scheme or a group personal pension or stakeholder scheme managed by Fidelity, on redemption of the entire holding held for you under the scheme with Fidelity.
  2. Fidelity may terminate your right to use the Service, or any part of it, by giving notice in writing or by means of the Service which will be effective immediately unless otherwise stated in the notice.
  3. These Terms may be amended by Fidelity and you will be notified of such amendments in writing or by means of the Service.

General provisions

  1. A failure or delay by any party to enforce any right under these Terms is not an implied waiver of the same or of any other right in the future.
  2. All of the terms and conditions relating to the use of your Password, the Information and the Service are contained in the Terms and any other instruction and direction for use supplied by Fidelity to you via the Service or otherwise. Oral communications which you have with Fidelity shall not become part of the Terms unless Fidelity confirms them to you in writing or by means of the Service.
  3. If any provision in these Terms is held or made invalid by a court, statute or rule or otherwise, the remainder of these Terms will not be affected.
  4. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
  5. Where the Terms form a contract between you and Fidelity, neither party to the contract intends that any of the Terms shall be enforceable by any person who is not a party.
  6. The Courts of England and Wales will have non-exclusive jurisdiction to settle any claim or matter arising under or in relation to these Terms.

 
Note: The following paragraph does not apply if you are a member of a UK scheme.

The products, services and information described on this website are not intended for anyone in a country where provision of the products or information would be in breach of law or regulations. In particular, the products, services and information on this site are not intended for any person resident in the USA or such other countries we may specify from time to time