Pension online service terms and conditions for financial advisers
We refer to the terms and conditions (the “Terms of Business”) on which business is conducted between us, The Royal London Mutual Insurance Society Limited and any of its subsidiaries ("Royal London", "we" "us" or "our") and "you", "your" means a person, firm or company (including, where appropriate, your partners, directors, employees and any person for whom you are responsible). We refer to the dedicated secure internet facilities for financial advisers, available on Royal London’s website at royallondon.com and other related test sites or via Trusted Third Party systems using secure messaging, which Royal London has made available to you in response to your request for access to be granted (the “System”). “Trusted Third Party” means any trusted third party with whom Royal London has entered into an agreement for the provision of online authentication and other services.
Access to the System is being made available to you by Royal London to allow you to: (i) have online access to certain information about Royal London products; (ii) obtain current details of Royal London’s products purchased by your clients only; (iii) apply for Royal London products electronically on behalf of your clients only, including transfers in and payment out instructions (“Online Applications”); (iv) instruct the amendment of your client details electronically (“Online Policy Changes”); and (v) have access to online tools and services that we make available to you to help you to advise and/or provide services to your clients.
- Royal London hereby grants to you a non‐exclusive, non‐transferable licence to use the System subject to and for the purposes set out in these Terms. Royal London reserves the right to amend, update or alter the System and in such event these Terms shall apply to the System as amended, updated or altered from time to time.
- Royal London shall accept any request for data from a Trusted Third Party with accompanying security identifying the request as originating from you as a request from you.
- Royal London will use its reasonable endeavours to ensure that access to the System will be available during normal business hours. However Royal London is under no obligation to provide access and shall have no liability to you for failure to provide access to the System during such hours or at any other time.
- Please read these Terms carefully before you start to use the System as they will apply from the date you first access the System. Royal London reserves the right to withdraw your access to the System and to terminate these Terms at any time without notice and without giving any reason.
- All data provided to you as a result of using the System shall at all times remain the property of Royal London and shall be used by you solely for the purposes of fulfilling your obligations to your clients. You shall at all times keep such data confidential and shall only disclose the data obtained from the System relating to a specific client of yours with the consent of the client in question or where required by law.
- The following terms will apply to all electronic communications in respect of Online Applications and Online Policy Changes:
(i) Your communications shall not be deemed to have been properly received by Royal London until the communication is accessible by Royal London.
(ii) You accept responsibility and liability for the completeness and accuracy of any communication sent to Royal London using the System and Royal London will not be liable for any consequence of any incomplete or incorrect communication.
(iii) You authorise Royal London to treat any electronic communication from you as a valid instruction without the need for further written confirmation. Royal London will treat your instructions as your own even if you can prove that they were not sent by you or with your authority provided that Royal London or its employees were not guilty of negligence, fraud or wilful default in treating them as valid instructions.
(iv) If you do not receive confirmation or if any aspect of the confirmation received does not accurately reflect the instruction given by you or you receive a confirmation for an instruction relating to business which has not been placed by you, you should immediately notify Royal London giving full details of the issue. In the event that you fail to notify Royal London as soon as reasonably practicable in any of these circumstances, you will be deemed to accept the terms of the confirmation as sent to you by Royal London.
(v) Royal London reserves the right to obtain from you written confirmation of any instruction sent via the System.
- You shall at all times in using personal data received as a result of your access to and use of the System comply with all applicable laws relating to data protection, the processing of personal data, privacy and electronic communications in force in the UK from time to time ("Data Protection Laws"). You shall ensure that you have appropriate notifications in place to allow you to hold and process personal data received as a result of your access to and use of the System. You shall implement and maintain appropriate technical and organisational measures to prevent the accidental, unauthorised or unlawful processing, destruction, loss, alteration, damage to or disclosure of, or access to, the personal data.
- You shall not disclose to any third party any password or user ID allocated to you by Royal London nor provide to any third party any digital certificate granting access to the System.
- You shall immediately upon an employee leaving your employment:
(i) change all System passwords available to the former employee that are shared with existing employees.
(ii) revoke all digital certificates used to access the System that are used by the former employee.
(iii) contact Royal London to request that all means of accessing the System available solely to the former employee are cancelled.
- You shall notify Royal London immediately if you become aware, or have reason to believe, that the security of the System has been compromised.
- You shall at all times use and access the System in accordance with any guidance issued from time to time by Royal London and shall not use the System for any unlawful, improper or immoral purpose. Any access to Royal London’s systems, other than access to the System or any unrestricted access areas on the website at royallondon.com and other related test sites, or inappropriate use of the System will result in the immediate termination of these Terms.
- In the event that Royal London makes software available to you for use in connection with the System (the “Software”) you shall not modify, assign, sublicense, sell, charge or rent the Software nor shall you copy, modify, enhance, compile or assemble or reverse engineer the Software unless where permitted by law or in accordance with these Terms. Other than where required by law, Royal London provides no warranty that the Software is fit for its purpose nor that it is free of errors, viruses or bugs.
- (i) Royal London has taken reasonable care to ensure that the information contained on the System is accurate; however, no representation or warranty, expressed or implied, as to the accuracy or completeness of such information is given.
(ii) Royal London shall have no liability for any loss or damage (whatsoever or howsoever caused) suffered by you arising from the use of, or reliance upon, the information contained in the System (including, but not limited to, any loss of use, data or profit or any other loss or damage direct, indirect or consequential whether in an action for contract, negligence or other tortious action) or any failure on the part of Royal London to make access available to you or as a result of any damage to your computer systems arising from your use of the System.
(iii) Royal London will accept no liability for failure to carry out any instruction received electronically using Online Applications or Online Policy Changes unless you can show that you have received an accurate confirmation of such instructions, or if Royal London is unable to obtain payment of the full amount due or if incorrect details are submitted with your instruction.
(iv) For the avoidance of doubt, nothing in this paragraph 13 seeks to exclude or limit any liability which may not lawfully be excluded or limited.
- You hereby agree to indemnify Royal London in respect of any loss, costs, claim, liability, damages or expenses (including legal costs and expenses) suffered by Royal London as a result of your misuse of the System or any element thereof or any wilful default or fraud of the Intermediary or any breach by the Intermediary of the Data Protection Laws or these Terms. This obligation shall survive any termination of this Agreement.
- Royal London shall be entitled to assign these Terms at any time without your consent.
- Only you and us shall have any rights to enforce any of these Terms.
- Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we fail to insist you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean we have given up our rights against you and will not mean that you do not have to comply with those obligations.
- These Terms are governed and construed by the laws of England and Wales and are subject to the English courts which will have exclusive jurisdiction over any dispute that arises in connection with them.