Terms & Conditions
The following terms and conditions and matters of privacy are in addition to those of the MoneyHelper.org.uk website ("MoneyHelper Website"). Where there is a conflict between those terms of the MoneyHelper Website and those below, those contained below will take precedence.
This website is owned and maintained by the Money and Pensions Service ("us", "we", or "MaPS"), a body corporate established pursuant to Section 1, Part 1 of the Financial Guidance and Claims Act 2018.
By accessing or using this service, or by using any services made available through it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
You are reading a legal document which is the agreement between you, the User, and us. A "User", "you", and "your" all mean the human individual who is reading these terms and conditions or accessing the service.
We are the Money and Pensions Service ("MaPS"), Defaqto Limited ("Defaqto") and IRESS (UK) Limited ("IRESS") in combination and we refer to ourselves in combination as "we" or "us" or "our" in this document.
You agree that we are not responsible for any damages or losses arising from any use of this Service and that the Service must not be relied upon by you, the user, without appropriate verification. No investment decision should be made in relation to any of the information provided other than on the advice of a professional financial adviser.
1. Your use of the service
1.1. By using the Service you hereby confirm that you:
- 1.1.1. have been provided with our Privacy Notice, providing information about how your personal data will be processed by us;
- 1.1.2. have and will provide Data that is correct as far as reasonably possible and notify us if you become aware that any of the Data provided is incorrect;
- 1.1.3. have all necessary registrations, consents or authorisation necessary under any Laws and/or Regulations to provide the Data to us; and permit us or any Third Party Provider to store and process the Data in order to comply with our obligations under this Agreement;
- 1.1.4. acknowledge that we will create Anonymised Data from the Data you provide, which will no longer be capable of being linked to you as an identifiable individual, and provide it to third parties;
- 1.1.5. acknowledge that we may retain records of all information provided by you via the Service for the purpose of providing the Services, and for any other purposes set out in our Privacy Notice, and such records will be regarded as definitive evidence of such transactions or instructions. We reserve the right to record all electronic transactions and communications with the you in accordance with this Agreement;
1.1.6. shall not use the Service:
- 126.96.36.199. to transmit, download or access Unacceptable Content;
- 188.8.131.52. for any purpose other than your personal use;
- 184.108.40.206. for any commercial or business purpose; or
- 220.127.116.11. in any unlawful, fraudulent or commercial manner.
- 18.104.22.168. to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
- 22.214.171.124. to create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
- 126.96.36.199. to tamper with, modify, reverse engineer or amend any part of this Website.
- 188.8.131.52. in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
- 1.1.7. will not use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
- 1.1.8. shall not (i) rent, lease, sub licence, loan, merge, vary, alter, modify, translate, reverse engineer, decompile, disassemble, reformat, adapt, modify or edit (in whole or in part) the Service or any part of it or (ii) permit the Service or any part of it to be combined with or become incorporated in, any other programme or create derivative works based on it, (in whole or in part); and
- 1.1.9. shall not alter or remove any copyright, trade mark, notice of Intellectual Property Rights and/or any other protective notices contained in Service or any part of it.
- 1.1.10. are aware that any services supplied by Third Party Providers via the Service are subject to the terms and conditions of the relevant Third Party Provider; and
- 1.1.11. are aware that where Service provides any service from Third Party Providers or hypertext links to other websites, extranets or portals this does not constitute an endorsement of the same and that access and use of the foregoing are at your own risk. We accept no responsibility for any losses associated with such access and use; and
- 1.1.12. are aware that we have not attempted to verify the truth, accuracy or completeness of any illustrations, data or information provided to us by any Third Party Providers and we accept no responsibility or liability for the truth, accuracy or completeness of the same.
- 1.2. You acknowledge that the use of any information or data arising from or in the Service is your responsibility. Nothing arising from or in the Service should be construed as advice.
- 1.3. You acknowledge that the data within and/or obtained via the Service is not supplied by Defaqto or IRESS and that neither Defaqto nor IRESS has any Liability for any errors or omissions in such data whatsoever.
- 1.4. No undertaking, representation, warranty or other assurance, express or implied, is made or given by or on behalf of us or any of our partners, employees, agents or advisers or any other person as to the reliability, accuracy or completeness of the information, opinions, advertising, data or other materials contained via the Service or the advice given by any advisers and no responsibility or liability is accepted by any of them for any such information, opinions, advertising or data.
- 1.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Please note that we only provide our site for domestic and private use. You agree not to use our site 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. To the extent permitted by law we are not liable for any damages arising in contract, tort or otherwise from your use of or inability to use the Service.
2. Data Protection Requirements
In this Clause "Data Controller", "Data Processor", "Data Subject", "Personal Data", "processes" and "processing" will have the meaning set out in the Data Protection Laws.
- 2.1. The Money and Pensions Service is the Data Controller and IRESS and Defaqto are Data Processors in relation to Personal Data which we each need to processes in order to perform the Services.
- 2.2. Personal Data will be processed as set out in our Privacy Notice.
- 2.3. We will employ appropriate technical and organisational measures to keep the Personal Data safe from unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, the Personal Data.
- 2.4. We shall not transfer Licensee Data or Personal Data outside the UK unless appropriate safeguards are in place in accordance with the Data Protection Laws.
- Any data, information or other material relating to, including or comprising any of your details (including Personal Data) which are: i) obtained by us or our personnel for the purposes of enabling the provision of the Services, or otherwise in the possession, custody or control of us or our personnel; or ii) created, generated, transmitted, stored or processed by us or our personnel as a part, or as a result, of providing the Services.
- Data Protection Laws
- the UK General Data Protection Regulation, the Data Protection Act 2018 and any other laws or regulations relating to data protection or privacy applicable to you, us or the Service, as amended or superseded from time to time.
- Laws and/or Regulations
- In relation to any party means all laws or regulations that are applicable to that party, including, without limitation, the rules of the FCA and the requirements of the Secretary of State for Trade and Industry or any other regulations, requirements, stipulations or conditions made by any professional or regulatory organisation or association of which that party may from time to time be a member or to which that party may be subject from time to time.
- Anonymised Data
- Data held on an aggregated, no names and generic basis such that all details which identify you as individuals (whether living or dead) have been removed in such a way that the Data cannot be linked to you as an identifiable individual and your privacy is not compromised.
- The provision by us to you of a service that informs you about the annuity market in the United Kingdom and enables you to obtain indicative quotes for an annuity.
- Unacceptable Content
- Any material of any nature which (i) is unlawful, defamatory, indecent, obscene, abusive, menacing or harassing in nature, (ii) would (if published) constitute a contempt of court; (iii) promotes violence or illegal activities or promotes discrimination based on race, sex, religion, national origin, physical disability or age; or (iv) contains any malware, viruses, worms, Trojan horses or other contaminants or disabling devices that may modify, delete, disable or damage any data, files, software or systems.
- Intellectual Property Rights
- Any patent, copyright, database right, semiconductor topographies, design right (registered and/or unregistered), trade mark (registered and/or unregistered), know how or other industrial or intellectual property right subsisting anywhere in the world, whether in existence as at the date of this Agreement or arising after the date of this Agreement and any applications for the protection or registration of these rights and all renewals and extensions thereof.
- Third Party Provider
- A company that provides information or data to Defaqto or IRESS to be included in the Service, including the Money and Pensions Service, annuities service providers and credit referencing providers as well as any other third party provider identified in the Privacy Notice.
- Actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect losses), demands, expenses, loss of profits, loss of reputation, judgements, penalties and proceedings and any other losses and/or liabilities.
- Privacy Notice
- The privacy notice detailing how personal data is processed and identifying your rights in relation to that processing available at: https://www.moneyhelper.org.uk/en/about-us/privacy-notice