Other Applicable Terms
The following additional terms also apply to your use of the Sites:
- Our Privacy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate; and
If you purchase services from any of the Sites, our Terms and Conditions of supply will apply to the sales.
Limits on Use
You may not use the Sites, or services offered on or through them, for personal gain and you may not sell or provide to any third party, or otherwise profit from, any of the services or information (nor any modification, adaptation or analysis of them) available on or through the Sites.
We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
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.
Linking to the Sites
- you must notify us in writing at the address given below (see About Us) at least one week in advance of establishing your link;
- unless we confirm otherwise to you in writing, the link must only be to the home page of the Sites;
- the link(s) to the Sites will be one-way (i.e. not reciprocal);
- you may not use any of our logos on your site to establish any link(s) without our prior written consent;
- you will not feature nor permit to be featured on the linking site(s) any material which is in any way disparaging of these Sites or XPS Pensions Group companies or Xafinity, more generally;
- we reserve the right at any time to require you to remove or modify any link(s) and you agree to do so forthwith upon our request;
- you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and
- you must not establish a link to any of the Sites in any website that is not owned by you.
Links to other Sites
Where the Sites contain links to third party sites you should be aware that we may not control websites reached through those links and are not responsible for the content of websites which we do not control. The existence of a link on the Sites does not imply any endorsement or approval of any goods, services, opinions or other material(s) of any sort made available on or through websites which we do not control, nor do we take any responsibility for the opinions of third parties (if any) expressed on or through such websites.
Changes to the Sites
We may update any of the Sites from time to time, and may change the content at any time. However, please note that any of the content on each Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Sites, or any content on any of them, will be free from errors or omissions.
Accessing the Sites
The Sites are made available free of charge. We do not guarantee that the Sites, or any content on any of them, will always be available or be uninterrupted. Access to each Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of any of the Sites without notice. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.
Disclaimer and Limitation of Liability
(a) You use the Sites at your own risk. The Sites, their contents, and any services provided through them are provided “as is” and without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on the Sites is accurate or that any services made available through any of the Sites represent best value, nor do we warrant that the Sites or any part of them will always be accessible.
(b) If you are a business, so far as permitted by law, we exclude all liability (whether or not caused by our negligence) for any losses, liabilities, costs or expenses (together, “Losses”) howsoever incurred in connection with:
- wasted time;
- loss or corruption of data;
- loss of profits, opportunities, or goodwill; and
- indirect, consequential and punitive loss or damage(s);
- arising through use of the Sites, the information on them and any services provided through them, even if such Losses were reasonably foreseeable or we have been made aware of the possibility of such Losses.
(c) Our total aggregate liability in respect of any direct loss shall be limited to the maximum of the value of the transaction (if any) in relation to which the claim arises.
(e) If you are using the Sites as a consumer then:
- you agree not to use the Sites 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.
(f) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions of supply. Please refer to the terms and conditions of your Fee and Services Agreement (or any equivalent agreement issued by us to you which governs the terms and conditions of our supply of services to you) for details of the relevant limitations and exclusions of liability.
We do not guarantee that the Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software. You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the servers on which the Sites are stored or any server, computer or database connected to any of the Sites. You must not attack any of the Sites 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 the Sites will cease immediately.
No reliance on information
The content on the Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on any of the Sites.
Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on any of the Sites is accurate, complete or up-to-date.
Nothing in this clause shall limit or exclude any liability for fraud.
The Sites are operated by Xafinity Consulting Limited, trading as XPS Pensions, (company number: 2459442) whose registered Address Is: Phoenix House, 1 Station Hill, Reading, RG1 1NB (VAT Number 156 2025 34).
Our normal hours of business are 9am to 5pm weekdays excluding bank holidays. You can contact us by writing to us at XPS Pensions Group, Phoenix House, 1 Station Hill, Reading, RG1 1NB, or by using one of this Sites’ contact facilities.
Use of the Sites is governed by English law, and you agree to submit any claim or dispute arising in relation to, out of, or in connection with the Sites (and any use you make of any of them or the services and/or opportunities offered through them) to the exclusive jurisdiction of the English courts.