The Applications and the Services belong to TPT Retirement Solutions Limited (“us” or “we”), a company (registered number 09639961) with a registered address of Verity House, 6 Canal Wharf, Leeds LS11 5BQ. The Applications will be for use by employers with varying levels of access and functionality.
1.1 The following additional terms will also apply to your use of the Applications and the Services:
2.1 The Services provided by each of the Applications are as follows
2.1.1 the Services provided by the FRS 102 online employer's defined benefit accounting tools (both the SHPS/SHAPS version and the non SHPS/SHAPS version) allow you to create accounting disclosures in accordance with FRS 102 only and include the ability to change various assumptions and values to generate a disclosure document ("Report");
2.1.2 the Services provided by the eBusiness App allow you to submit details of monthly contributions and notify us of scheme leavers;
2.1.3 the Services provided by the Assessment Tool allow participating employers with a defined benefit liability to submit information, via completion of an online questionnaire, relating to their financial and operational position ("Assessment") to allow us to assess and monitor employer covenant strength; and
2.1.4 the Services provided by the HR Data App are for the use of those employers who offer online access for DC members. The HR Data App allows the input and maintenance of HR related information, such as personal and employment data, in respect of your employees and members and for contribution rate changes to be viewed in the Payroll Centre.
2.2 When you access your account, and accept the Terms, you are granted the right to use the Applications and their 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 our website: employers.tpt.org.uk ("Website"). Any new Terms posted will be effective immediately on posting.
2.3 You may be required to indicate your acceptance to any new Terms before you are able to gain access to your Application account.
2.4 Periodically, updates will be performed on the Applications and their Services to add new functionalities or fix any technological issues that occur. This may mean that the equipment you use to access the Applications 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 the Applications, certain technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error free access to the Applications 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 the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.1 We are entitled to treat any access to information and changes made to data held by us on the Applications for the administration of the pension scheme benefits using your user name, password or security answers as authorised actions made by you.
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 you have read the supplementary information provided to you as part of the Services. In particular, the corporate activity requiring special treatment document;
6.1.2 except for any Report or Assessment which you generate and save and any materials made available for download, reproduction of the Applications or their Services without our written consent is not permitted and 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;
6.1.3 except for any Report or Assessment which you generate and save, 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;
6.1.4 you shall not translate, reverse engineer, decompile, disassemble, or create derivative works based on the information and materials in the Applications or the Services, in whole or in part, nor permit anyone else to do so;
6.1.5 you shall not use the Applications 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 the Applications to be interrupted or degraded or attempt to gain unauthorised access to our computer system or the computer system of any other user;
6.1.6 you shall not use the Applications for the purposes of promoting unsolicited advertising or sending spam;
6.1.7 you shall not use the Applications to simulate communications from us or another service entity in order to collect identity information, authentication credentials, or other information ("phishing");
6.1.8 you will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
Except in respect of any Report or Assessment which you generate and save and any materials made available for download (which you shall be entitled to use freely for any purpose connected with your business) you may only use material and content posted on the Applications in accordance with these Terms.
The Applications are directed at employers participating in defined benefit and defined contribution pension schemes in the United Kingdom. We do not represent that content available on or through the Applications is appropriate for use or available in other locations.
9.1 None of the content on the Applications can be construed to be financial, legal or other professional advice. The content on the Applications is provided for information only. It is not intended to amount to advice on which you should rely.
9.2 Although we make reasonable efforts to update the information on the Applications, your use of the Applications is on an "as is" and "as available" basis and we make no representations, warranties or guarantees, whether expressed or implied in relation to the provision of the Applications, including without limitation as to the completeness, accuracy and currency of any content or information on the Applications, or as to satisfactory quality or fitness for particular purposes.
9.3 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
9.3.1 any inaccuracies in any Report or Assessment which are caused by your failure to adhere to any notification requirements specified in the supplementary information relating to the Services.
9.3.2 any error or inaccuracies in any information or material within or relating to the Applications;
9.3.3 the unavailability of the Applications for whatever reason; and
9.3.4 any representation or statement made on the Applications.
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 to determine any dispute or claim that arises out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims).