The Pensionweb Community User Agreement

Welcome to the User Agreement for the Pensionweb Community. This agreement made between you and Anthony Hodges Consulting Limited (AHC) describes the terms on which you may access and use our services and is made in consideration of your subscription to this service. In order to retain access to the site you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. We reserve the right to alter these terms at any time and it is your obligation to check if changes have been made. Your acceptance of this Agreement constitutes your agreement to such future alterations which we deem appropriate.

Description of the Service:

The Pensionweb Community service is provided by Anthony Hodges Consulting Limited. It is an on-line discussion forum for Pensions and Benefits Managers and senior members of in-house company schemes only.

Terms and conditions of access to and use of this site:

Member Eligibility

• Membership is for Pensions and Benefits Managers or senior members of in-house company schemes only.
• Consultants are not eligible

Use of Service

• Your membership will include an initial free trial period.
• You may not have more than one active account.
• If you move jobs you must notify the administrator of your new contact details.
• You are prohibited from transferring your user account to another party.
• You are responsible for maintaining the confidentiality of your username and password.
• You agree to immediately notify AHC of any unauthorised use of your password or account or any other breach of security.
• AHC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
• AHC may refuse service without prior notice to any user for any or no reason.
• AHC reserves the right to remove any comment which it considers to be inappropriate for any reason.

User Conduct

While on the Pensionweb Community site you understand and agree not to:

• Post content which is unlawful, libelous, abusive, discriminatory, or otherwise objectionable.
• Show the site to non-members or to disclose the names of other Pensionweb Community members.
• Make use of the Pensionweb Community for any illegal purpose.
• Post phone numbers and addresses in postings.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Disguise the origin of any quotes or source material you use.

Termination

You agree that AHC may, with or without cause, immediately terminate your Pensionweb account and access to the Pensionweb Service without prior notice. Without limiting the foregoing, the following will lead to a termination by AHC of a user's use of the Pensionweb Community:

• Breaches or violations of this User Agreement or other incorporated agreements or guidelines,
• Requests by law enforcement or other government agencies,
• A request by you (self-initiated account deletions),
• Unexpected technical issues or problems

Termination of your Pensionweb Community account includes:

• Removal of access to all offerings and discounts within the Pensionweb Community Service
• Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
• Barring further use of the Pensionweb Community Service.

Further, you agree that all terminations shall be made in AHC's sole discretion and that AHC shall not be liable to you or any third-party for any termination of your account or access to the Pensionweb Community Service.

Content

The pages contained within this website may contain technical inaccuracies and/or typographical errors. We give no warranties, guarantees, conditions or representations, express or implied as to the completeness or accuracy of the information contained on the website or any website to which it is linked.

This website is for information purposes only. You should not rely on any material on the website to make (or refrain from making) any decision or take (or refrain from taking) any action. You should seek to verify any information contained within this site before making any decision or take (or refrain from taking) any action.

The on-site disclaimer states:

The contributions made to the discussions represent the views of the contributors and not of Anthony Hodges Consulting Limited. Copyright and liability resides with the contributors. In particular Anthony Hodges Consulting Limited cannot bear any responsibility for the accuracy of any views, advice or information offered.

Copyright

You may not:

• Copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the website.
• Disclose the content of any discussion or poll result on the website to anyone outside the Community without permission of the author's and AHC.

Liability

We will from time to time need to carry out routine maintenance and updates to the site. While we will seek to keep disruption to a minimum we cannot guarantee that the site will always be available for use.

We endeavour to keep this site free from CPU viruses etc but make no warranties to that effect.

We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the website or in respect of any of your actions or omissions taken in reliance on any of the information contained on the website or any website to which it is linked.

Links to other sites

The website contains hyperlink links to other websites not operated by us. We do not control the content of these sites and our inclusion of a hypertext link does not imply any endorsement of the material contained on the websites or of the owners.

Use of cookies

Cookies are only used for access purposes and are requested by the user for the purpose of staying logged on. No other cookies are used.

Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Pensionweb Community website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Pensionweb Community Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. You can contact the Community Administrator to let AHC know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Pensionweb Community Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Privacy Policy

You agree that any personal information received from you, for example your email address, can be used by us for marketing purposes provided it is used within the regulations set out by the Data Protection Act 1998.

All personal information collected and used from the Pensionweb Community site will be processed in accordance with the Data Protection Act 1998.

In order to register for access to the Pensionweb Community site we will require you to supply your name, e-mail address, postcode and other specified information. We do not disclose any of your details (including your email address) to any third parties.

In accordance with the Data Protection Act we have taken measures to ensure that the data supplied to us is held securely and personal data is transmitted via a secure connection.

Amendments and Updates to this policy may be made from time to time. Any revisions will be posted on this page so you will always be aware of what information we collect.

Communications by AHC

In the course of providing you with services, AHC may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Pensionweb Community Service.

Fees

AHC reserves the right to modify the pricing of, add to, or discontinue the Pensionweb Community Service or any portion thereof.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless AHC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

• Your use of the Pensionweb Community Service
• Unauthorised access to or alteration of your communications with or through the Pensionweb Community Service
• Any other matter relating to the Pensionweb Community Service. Any business transactions which may arise between users from their use of Pensionweb Community Service are the sole responsibility of the users involved.

You understand and agree that AHC may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of the Pensionweb Community, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE PENSIONWEB COMMUNITY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT AHC DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. AHC ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. AHC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AHC MAKES NO WARRANTY THAT (i) THE PENSIONWEB COMMUNITY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PENSIONWEB COMMUNITY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PENSIONWEB COMMUNITY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PENSIONWEB COMMUNITY SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PENSIONWEB COMMUNITY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AHC OR THROUGH OR FROM THE PENSIONWEB COMMUNITY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AHC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

Correspondence and definitions

All correspondence regarding the website should be sent to the:
Pensionweb Administrator
Anthony Hodges Consulting Ltd
Heath Hall
Heath
Nr Wakefield
West Yorkshire
WF1 5SL

Anthony Hodges Consulting Ltd (Registered in the UK 3559492)
AHC is registered with the Information Commissioner.
We/us/our means AHC.
You/your means the user of the website

General Information

All AHC and Pensionweb logos are trademarks of Anthony Hodges Consulting Ltd. You agree not to display or use these trademarks in any manner without AHC's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User.

Entire Agreement

The User Agreement constitutes the entire agreement between you and AHC and governs your use of the Pensionweb Community Service, superseding any prior agreements between you and AHC.