LEGAL INFORMATION
Legal, privacy and regulatory information
1. Introduction
These terms and conditions set out the terms on which you may access and use the website as a registered user. If your plan is part of your employer's workplace pension scheme, the website is the on-line portal your employer or pension scheme trustee(s) has asked us to make available to you and contains information about the pension and/or investment products provided to you through the website. If you have transferred to access flexible income (drawdown) and this plan is not part of any employer's workplace pension, the website is the on-line portal we have made available to you. Please refer to your plan’s terms and conditions for a definition of the website.
The address of the website is set out in your welcome pack. It is important you have a valid email address for contact purposes.
Please read these terms and conditions carefully. You will be required to accept them when you login to the website for the first time. By accepting these terms and conditions, you agree to be bound by them and to comply with them.
2. Information about us
The website is operated and maintained by Scottish Widows companies including:
Scottish Widows Limited
Company No. 3196171
Registered Office:
25 Gresham Street
London
EC2V 7HN
Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, register no. 181655
Scottish Widows Administration Services Limited
Company No. 01132760
Registered office:
25 Gresham Street
London
EC2V 7HN
Authorised and regulated by the Financial Conduct Authority under registration number 139398.
Scottish Widows is part of the Lloyds Banking Group. More information on the group can be found at www.lloydsbankinggroup.com
3. Accessing the website
You must be a registered user to access the secure part of the website. You can register as a user by using the login ID and temporary password we sent to you. When you login for the first time, you will be prompted to select a new password and set up memorable information for security purposes. You must always keep your password and memorable information secret and must not disclose them to any third party.
For security or technical reasons, we may change your login ID or password. We will tell you if we do this. We reserve the right to disable your login ID or password, whether chosen by you, or allocated by us, if in our reasonable opinion you have failed to comply with these terms and conditions or the terms and conditions of any products or services made available to you through the website, or if we are required to do so by any applicable law, regulation or governmental body.
4. Using the website
We will take reasonable steps to ensure the website is available for you to use 24 hours every day. However, there will be times when we need to interrupt service to perform maintenance. Where we do interrupt service, we will take reasonable steps to tell you in advance and to minimise the time the website is unavailable for use. If you cannot use the website at a time when we have not interrupted service to perform maintenance, please contact us.
Transactions processed through the website are governed by the separate product terms and conditions that apply to the product you or your employer and/or pension scheme trustee(s) have selected. If there is a conflict between any of the product terms and conditions and these terms and conditions, these terms and conditions will prevail for matters specifically governing your use of the website.
5. Content of the website
We own the content of the website and are the owner or licensee of all intellectual property rights in the website. These include copyright in the graphic images, buttons, layout and text and are protected by copyright law.
You may not copy, share or distribute the content from the website without our prior written consent other than for your personal non-commercial use. Scottish Widows trademarks contained in the website are trademarks which belong to Scottish Widows or companies within the Lloyds Banking Group. You may not use such trademarks without our prior written consent. Other products and company names reproduced on the website may be the trademarks of their respective owners.
We may create a link for you to access another website that we believe may be of interest to you. Such links are provided for your information only. If you access another website that is not operated by a member of the Lloyds Banking Group we are not responsible to you for the content of that other website.
6. Security
We will take reasonable steps to ensure the information we hold about you on the website is secure. We will process your personal information in line with our privacy policy. By accepting these terms and conditions, you agree we can use your personal information (including any information obtained by cookies) as set out in the privacy policy.
Messages sent by email over the internet cannot be guaranteed to be secure as they are subject to possible interception, loss or change. We are not responsible for the accuracy of messages sent by email over the internet by you to us.
The website software encrypts all information you enter on the website, which helps protect your data as it travels over the internet. To be confident that your data will be safe, we recommend you use an internet browser which supports standard 2048 bit encryption.
Phishing is an email fraud method in which legitimate-looking emails are sent in an attempt to gather personal and financial information. We will never send emails to you asking for confidential or security information to be recorded online. You should delete such emails immediately without responding.
We take reasonable steps to ensure the website is free from malicious software such as viruses. However, we cannot guarantee this and do not accept responsibility for any consequences that may arise from malicious software where these consequences are not within our reasonable control.
7. Your responsibilities
You are responsible for complying with these website terms and conditions. In particular, you agree to:
- tell us as soon as possible if any of the information we hold about you is wrong or changes
- provide and keep a valid email address that you regularly access so we can send electronic communications to you about your products
- give your consent to receive contract notes electronically. Whenever you provide a trade instruction, or we sell an investment to take our charges, a contract note is produced that provides detail of the terms on which the trade was completed. A copy of the contract note is always placed into the 'My documents' section of the website, from where you can print a copy for your records.
- take reasonable steps to ensure that any computer you use to access and use the website is secure and free from malicious software
- keep secret any security details including passwords and memorable information as well as documents about your access to the website and its content
- let us know as soon as possible if you know or suspect that someone else has access to your login ID, or if you know or suspect that you have become a victim of identity theft.
If you share a computer with someone else or use a public computer, you must log-out when you have finished using the website to ensure any information you typed in is erased from the computer's memory.
8. Our responsibilities
We will operate and maintain the website in line with these terms and conditions.
We will exercise due care and diligence in managing the website.
We will act on your instructions, or instructions that we reasonably believe have come from you following our usual verification processes. If those instructions are unclear or conflict, or cannot be verified as coming from you, we will seek clarification before we act on them.
We may be unable to perform our obligations under these terms and conditions where events occur that are beyond our reasonable control. These events include, but are not limited to:
- riot, civil unrest, military action or terrorism
- fire, explosion, earthquake, storm, flood, epidemic or other natural disaster
- strikes, lockouts or other industrial action
- unforeseeable restrictions imposed by legislation, regulation or other government initiative that are not the result of our misconduct
- any change in market conditions affecting the execution or settlement of transactions in respect of your product
- any cyber-attack on our IT systems
- any failure in transport networks or other utilities such as power, telecommunications networks or water leading to unavoidable disruption
- any other event or circumstance that we are unable, using reasonable skill and care, to avoid.
Where an event beyond our reasonable control occurs and you are being, have been, or are likely to be disadvantaged as a result, we will let you know as soon as we can, whenever possible.
9. Transferring our duties
We may delegate any of our functions through, for example IT and administration service providers. Where we do this we will satisfy ourselves of the ability of others to carry out those functions.
10. Liability
We will not be liable to you for any losses you may incur if you breach these terms and conditions including any losses you may incur from your failure to keep your login ID and password secret.
We will take reasonable steps to ensure the website is available for you to use 24 hours every day and will minimise the time the website is unavailable for use due to planned maintenance.
We will not be liable to you for any losses you may incur if you cannot access the website properly due to faults with your hardware, software, internet connection or telecommunication services.
While we have taken reasonable steps to ensure the accuracy, correctness and completeness of the information contained on the website, we make no warranty or representation to this effect, whether express or implied.
We give no assurances about the accuracy, functionality or performance of any third party software that may be used in connection with the website.
We do not accept liability for issues that arise from you using a computer, such as viruses and we will not be liable to you for any resulting loss.
We are not liable for any losses you incur because of your fraudulent activity or negligence.
We will not be liable to you for any losses resulting from a delay or failure to process your instructions on the website due to events that are outside our reasonable control. Such events are explained in section 8 of these terms and conditions.
Nothing in these terms and conditions is intended to (i) exclude our liability for death, personal injury, fraud, fraudulent misrepresentation or any other matter that cannot be excluded or limited by law, or (ii) exclude or limit our duties and liabilities to you under the Financial Services and Markets Act 2000 (or any successor legislation) and rules of the Financial Conduct Authority (or any successor regulator).
11. Investment tools and calculators
To help you choose the products and investment strategies, we have made some planning tools available on the website.
We have provided these tools to help and guide you to make your own investment decisions. We do not intend these to be a substitute for financial advice.
You are responsible for ensuring that the information you put into these tools is accurate and is a true reflection of your personal circumstances. We do not accept any responsibility for any decisions you make based on the information you put into these tools.
12. Leaving your employer
If we have been asked to provide the website by your employer and you leave the service of that employer you can continue to use the website using your existing login ID and password and these terms and conditions will continue to apply. However, the website and any literature you receive from us or a product provider may look different.
The terms and conditions for any product you have selected will provide specific details about how you are affected if you leave the service of your employer.
13. Changes to these terms and conditions
We reserve the right to vary these terms and conditions. If we do make changes, we will tell you on the website and will aim to give you at least 30 days' notice of the change wherever possible.
14. Law
These terms and conditions are subject to English law and the non-exclusive jurisdiction of the English courts.