B&CE Online Services Terms of Use

 

These Terms of Use apply to the B&CE Online Services. These Terms of Use include our Privacy Policy, which also applies to the B&CE Online Services. The People’s Pension privacy policy (www.thepeoplespension.co.uk/privacy) applies in relation to The People’s Pension Scheme. The B&CE privacy policy (www.bandce.co.uk/privacy-policy) applies in relation to the B&CE EasyBuild Stakeholder Pension, Employee Accident Cover and Employee Life Cover Plan from B&CE. Under these Terms of Use, unless the context requires otherwise, a reference to the “Privacy Policy” shall mean the relevant applicable privacy policy. Our Privacy Policy, as amended, updated and superseded from time to time is incorporated into these Terms of Use by reference.


Any use of the Services, the Site and associated services and information is subject at all times to these Terms of Use. Please read these Terms of Use carefully before you start to use this Site. By using this Site, you agree and undertake that you are authorised to use the Services and the Site, accept these Terms of Use and you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site and the Services. No advice in relation to B&CE products can be obtained through the Services.

 

1.         Definitions

 

1.1.     ‘Authorised User(s)’,'you' or 'your' means any person(s) or third party authorised by the Employer to use the Services on their behalf.

 

1.2.     'B&CE', ‘we’, ‘us’ or ‘our’ means the B&CE Group of Companies (listed below), all of which have their registered offices at Manor Royal, Crawley, West Sussex RH10 9QP. B & C E Holdings Limited (B&CEHL) registered in England No. 377361, B & C E Insurance Limited (B&CEIL) registered in England No. 3093365, B & C E Financial Services Limited (B&CEFSL) registered in England No. 2207140, Building and Civil Engineering Benefits Scheme Trustee Limited (B&CEBSTL) registered in England No. 1201576, People’s Financial Services Limited (PFSL) registered in England No. 10267951 and The People’s Pension Trustee Limited (TPPTL) registered in England No. 8089267.

 

1.3.     ’B&CE Online’ means the online services of B&CE and The People’s Pension Scheme.

 

1.4.     ‘Employer’ means the organisation or entity registering for use and using the Services.

 

1.5.     'Information’ and/or ‘Content' means all data (including personal data), databases and any information whatsoever accessed or obtained through the Site and the Services.

 

1.6.     'Password' means the single use secret phrase provided to the Employer by us or any subsequent secret phrase chosen by the Employer to enable you and your Authorised Users to access your User Account.

 

1.7.     ‘Security Details’ means the Password and/or Security Word.

 

1.8.     'Security Word’ means a memorable word or access code chosen by the Employer.  

 

1.9.     'Services' means the provision of online services including access to the Information, Content and any business activities which are conducted electronically by us.

 

1.10.   ’Site’ means this website and any associated websites owned and operated by B&CE.

 

1.11.   ‘User Account’ means the account created to enable you and your Authorised Users to use our Site and the Services.

 

1.12.   'User ID' means the unique user identification which was created and provided to the Employer to enable you and your Authorised Users to access your User Account.

 

1.13.   ‘User Content’ means data, information and content provided.

 

2.         Provision of the Services

 

2.1.     The Services must be used in accordance with these Terms of Use and any other instruction and direction for use supplied by us via the Services or otherwise. The Employer is responsible for ensuring that their Authorised Users comply with these Terms of Use.

 

2.2.     As a condition of their use of the Services, the Employer is responsible for ensuring that its Authorised Users do not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

 

2.3.     To comply with the Financial Conduct Authority (FCA) / Prudential Regulation Authority (PRA) / The Pensions Regulator (TPR) regulations we have a legal responsibility to confirm the true identity of customers by undertaking a number of identity checks. The Employer and its Authorised Users may be required to provide further evidence of their identity and confirmation of address, in which case we will contact them.

 

2.4.     Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. You accept that we will not be liable in respect of any claims, loss or damages howsoever arising where for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Site.

 

2.5.     B&CE reserves the right to refuse any registration for the Services without disclosing any reason.

 

3.         Registration

 

3.1.     If, after reading these Terms of Use, the Employer decides to use the Services, they must register with us. If they have not already done so, they can register by completing the B&CE Online Services Employer Registration Form.

 

3.2.     When completing the B&CE Online Services Employer Registration Form, the Employer must provide complete and accurate information. They may not impersonate someone else, provide an e-mail address other than their own, or create multiple User Accounts.

 

3.3.     Once the Employer’s registration has been accepted, we will create a User Account for the Employer. The Employer will be provided with an activation code which will be sent to them by e-mail. The Employer will be allocated a single use Password. Their single use Password will be sent to them by e-mail separately.

 

3.4.     When the Employer accesses the Services for the first time, they will be prompted to choose a new Password. The Password must be six to twelve characters long, containing a mixture of upper and lower case characters, numbers and special (punctuation) characters. The Password is case sensitive.

 

3.5.     The Employer will also be asked to provide a Security Word such as a memorable word or access code, which must be six to twelve characters long. The security word is not case sensitive. As a security device, on subsequent logins Authorised Users will be asked to select specific characters of the Security Word from a dropdown list.

 

3.6.     The Employer will be asked to complete the login activation by confirming their acceptance of these Online Services’ Terms of Use.

 

4.          Security Precautions and Operating Rules

 

4.1.     The Employer is wholly responsible for the set up of their User Account and for use of the Security Details and B&CE accepts no responsibility or liability for any misuse of a User Account where an account has been improperly accessed. The Employer must not disclose any Security Details to anyone other than an Authorised User.


4.2.     B&CE recommends that you do not store any Security Details on your computer or ask your computer to remember them automatically. You should also explicitly logout when you have finished using the Services. If you do not do this, an unauthorised person may gain access to your User Account. We cannot be held responsible for the consequences of unauthorised access to your User Account.

 

4.3.     B&CE will never ask you to disclose any of your Security Details to us. If you receive such a request, you must not disclose any of your Security Details and you should report this to us immediately.  

 

4.4.     If you forget your User ID we can e-mail this to the Employer. If you forget your Password and/or Security Word, a new single use Password will be e-mailed to the Employer so that they can select a new Password and/or Security Word.

 

4.5.     If you believe that someone other than an Authorised User knows the Password and/or Security Word, you must notify us immediately. The Password and/or Security Word must be changed, which can be done by the Employer using the Online Services. B&CE will not be responsible for any unauthorised person having access to the Information or for any loss suffered by you or the Employer due to unauthorised use of their User Account.

 

4.6.     B&CE does not accept responsibility for any unauthorised use of the Security Details resulting from negligence on the part of you or the Employer.

 

4.7.     You must not access or attempt to access any information other than the Information relating to you as an Authorised User.

 

5.          Restrictions on use

 

5.1.     The Employer is responsible for your conduct and any User Content that you submit or enter on the Site and is also responsible for all acts or omissions that occur under their User Account. Notwithstanding the foregoing, you agree, amongst other things, NOT to:

 

5.1.1.     use the use the Services for the submission or transmission of illegal or offensive material or malicious content, or to breach applicable laws or regulations;

5.1.2.     obtain or attempt to obtain access to any programs or data to interfere with, reverse-engineer, decompile, translate, disassemble or separate the components of our software or online services;

5.1.3.     wrongfully wrongfully use others' personal data which may be accessed from the Site;

5.1.4.     knowingly transmit, e-mail or post any material that contains in any form software viruses or such programs as including Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

5.1.5.     upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;

5.1.6.     use any robot, spider, or other automated site search/retrieval application, device, process or means, to access, retrieve, scrape, or index the Site or any Site Content;

5.1.7.     attempt to gain unauthorised access to the Site, User Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

5.1.8.     remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

 

5.2.     B&CE reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorised access to or use of the Site, including technological barriers, Intellectual Property mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorised use.

 

6.         Availability of the Services

 

6.1.     Although we will use our best efforts to give you advance notice of changes to the Services, B&CE reserves the right to change the Content, presentation, performance, user facilities and availability of any part of the Information and the way in which the Services are provided, at any time, at our sole discretion and without prior notice.

 

6.2.     B&CE cannot guarantee that the Site will always be available and fully functional and it is your responsibility to ensure that any content which is required to be submitted to the Site within specific deadlines is submitted within sufficient time, to allow for problems accessing or using the internet or this Site which may occur from time to time.

 

6.3.      B&CE will use reasonable endeavours to keep the B&CE Online Services available for you to access between 7 a.m. and 10 p.m. daily. However we do not make any warranty or representation that the Services can be accessed throughout these times. Access to the Services is dependent upon 3rd party interconnection and web connectivity and we have no liability or responsibility nor do we warrant that your equipment is compatible or able to access our Site and fully utilise the Services. The Services may be temporarily unavailable or restricted for administrative or other reasons.

 

6.4.     If we are prevented from providing the Services, we will use our reasonable endeavours to solve the problem as quickly as we can. If you need help using the Services, our contact details can be found on the B&CE website (www.bandce.co.uk/contact-us).

 

6.5.     We reserve the right to disable any User ID and/or Password, whether chosen by the Employer or allocated by us, at any time, if in our opinion an Authorised User has failed to comply with any of the provisions of these Terms of Use.

 

7.         Instructions

 

7.1.     When you key in your Security Details, you are authorising us to carry out all your instructions on behalf of the Employer.

 

7.2.     You accept responsibility and liability for the completeness and accuracy of any instructions and information sent to us through the Services and we will not be liable for the consequences of any incomplete or incorrect instructions or data sent by you.

 

7.3.     We will treat such instructions as genuine and will carry them out even if given in error, unless we have received prior notification from you of unauthorised use of your Security Details.

 

7.4.     Where necessary, you will comply with The Pensions Regulator’s rules by providing instructions in a timely manner.

 

7.5.     We will use our reasonable endeavours to carry out your instructions correctly, but it is your responsibility to check that we have carried out your instructions correctly. If the transaction has not been carried out correctly or an error has occurred, you should notify us as soon as possible.

 

7.6.     If the Services become unavailable before you have completed your instructions in relation to your transaction, you may not receive final confirmation of your transaction.

 

7.7.     It is your responsibility to notify us in the event that you do not receive confirmation of acceptance of any instructions and to check that we have received your instructions.

 

7.8.     There may be some instances where we will require or accept written instructions from you. Where written instructions are required, we will inform you.

 

8.         Downloading of Software

 

8.1.     Any software is downloaded at your own risk. We do not warrant the suitability or compatibility of any software that is downloaded as a part of the Services and we do not accept any liability for any problems with your computer that may arise as a result. If you are in any doubt as to the suitability of software to be downloaded for your computer, it is recommended that you obtain specialist advice before downloading.

 

9.         Submitting Information to our Site

 

9.1.     You can submit your employee data to the Site by file upload, entering data manually, Application Program Interface or Secure File Transfer Protocol.


9.2.     Whenever you submit User information or User Content to the Site, you warrant that any such data:

 

(i)              will be true and accurate to the best of your knowledge and belief;

(ii)             complies with these Terms of Use; and

 

you indemnify and hold us harmless against all or any claims for costs, losses or damages of any kind arising out of or consequential upon any breach of that warranty.

 

9.3.     If you submit employee data to the Site, the Services can use this to assess the Employer’s workforce and suggest the minimum contributions required to meet the Employer’s Automatic Enrolment duties under the Pensions Act 2008. You acknowledge that any calculations from this assessment should be taken as guidance only. This information is based on our understanding of current legislation and does not constitute any form of advice. It is the Employer’s responsibility to ensure all calculations of assessment and contributions are correct prior to the submission of the employee data. Regardless of the employee data you submit to the Site and the Information provided by the Services, the Employer is responsible for ensuring they comply with the Pensions Act 2008 and all or any other relevant legislation.

 

9.4.     B&CE accepts no responsibility or liability to any third party, for the User Content or accuracy of any materials posted by you or any other user of the Site and you agree to indemnify and hold B&CE harmless against all or any claims for any loss, costs, damages or expenses suffered or incurred by it as a result of or arising from the User Content you submit or upload to the Site.

 

9.5.     You represent and warrant that you have the right to submit or upload the information onto our Site and that your actions do not infringe the rights of any other person.

 

10.      Changes to these Terms of Use

 

10.1.   B&CE reserves the right to change these Terms of Use without prior notice. Your continued use of the Services will be deemed to be the Employer’s acceptance of any such revised terms.

 

10.2.   B&CE reserves the right to change the User ID and access requirements without prior notice where this change reflects best recommended practice.

 

11.      E-mail

 

11.1.   Please note that there is no guarantee that any e-mail sent will be received, or that the contents of any such e-mail will remain private or unaltered during internet transmission. If you have any such concerns, you may prefer to contact us by telephone or in writing instead. We do not accept any liability for any losses or damages or any kind you or others may suffer as a result of the alteration or loss of confidentiality of any such information sent via e-mail.

 

11.2.   B&CE reserves the right to monitor the use and content of e-mails which are sent from and received by us for the purposes of ensuring compliance with our own e-mail policy, and identifying and taking action against unlawful or improper use of our systems.

 

12.      Use of Personal Data

 

12.1.   Information provided to us will be used by us to process the Employer’s registration, verify their identity and set up security procedures to enable you to access the Information and use the Services.

 

12.2.   Our collection, use, disclosure, retention and protection of personal data and your use of the Services is subject to our Privacy Policy. For more information, please visit (www.thepeoplespension.co.uk/privacy), which applies in relation to The People’s Pension Scheme or (www.bandce.co.uk/privacy-policy), which applies in relation to the B&CE EasyBuild Stakeholder Pension, Employee Accident Cover and Employee Life Cover Plan from B&CE.

 

13.      Termination

 

13.1.   In addition to the provisions of Clause 6.5 above, B&CE may suspend or terminate your use of the Services at any time for any reason. We will inform the Employer as soon as reasonably possible of such suspension or termination. The Employer may subsequently request access which shall be subject to our approval.

 

13.2.   The Employer is free to discontinue their use of the Services with us at any time.

 

13.3.   Termination of the Services shall not affect any lawful instructions, requests or transactions already initiated through the Services.

 

 

14.      Disclaimers

 

14.1.   Whilst we have taken all reasonable care to ensure the reliability, speed, accuracy and completeness of the Information and the Services, errors, omissions and delays may occur due to circumstances outside of our control.

 

14.2.   You agree that B&CE shall not be liable for any and all losses, (including loss of data and loss of personal data) damages, costs, claims and other liabilities which arise as a result of any delays, interruption or failure of the Services due to circumstances beyond our reasonable control (including the unavailability, inoperation or interruption of the internet or other telecommunication services, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

 

14.3.   B&CE shall not be responsible for maintaining your software, hardware or any equipment whatsoever necessary for you to effectively and reliably transmit and receive communications using the Services. We shall not provide any warranty as to the suitability or otherwise of your equipment.

 

14.4.   B&CE does not provide financial or legal advice. We make no recommendation as to the suitability, governance, performance or likely performance, regulated status or other features of any of our products on which information is obtainable via the Services.

 

14.5.   The Services have been prepared in accordance with B&CE’s current understanding of the Financial Conduct Authority (FCA) / Prudential Regulation Authority (PRA) / The Pensions Regulator (TPR) rules, applicable Data Protection legislation, current HM Revenue & Customs legislation and practice. This may be subject to future variation.

 

14.6.   B&CE further expressly disclaims:

14.6.1.   that the Services will meet your requirements and will be uninterrupted, error-free, timely, or secure;

14.6.2.   that defects or errors will be corrected;

14.6.3.   that the Services or the server that makes them available are free of viruses or other harmful components, and

14.6.4.   that the use of the Services or the Information made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

 

15.      Limitation of Liability & Indemnity

 

15.1.   Nothing in these Terms of Use will exclude or limit our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

15.2.   B&CE shall not be liable in contract, tort, negligence, statutory duty or otherwise to the maximum extent permissible by law for any Loss arising from:

 

15.2.1.   any damage, defects, viruses or any other malfunctions caused to any equipment or other software in connection with access or use of the Services;

15.2.2.   the content of the Services;

15.2.3.   the Services’ unavailability;

15.2.4.   misuse of the Services;

15.2.5.   loss of data (including personal data) stored on the device you are using to access the Services;

15.2.6.   the download or use of any software made available through the Services; and

15.2.7.   unauthorised use of the Employer’s Security Details.

 

15.3.   For the purposes of this Clause 15., ‘Loss’ means all losses (including loss of: business, revenue, goodwill, profits, management time, opportunity, or anticipated savings), liabilities, costs, payments, claims, actions, damages and expenses (whether direct or indirect).

 

15.4.   You agree to hold harmless and indemnify B&CE from and against any claim or demand made by any third party due to or arising out of:

 

15.4.1.   User Content that you submit or upload to or your use of the Site;

15.4.2.   your breach of the Terms of Use; and

15.4.3.   the infringement by you, or any third party using your User Account, of any intellectual property, confidentiality or other right of any person or entity.

 

15.5.   Nothing contained in these Terms of Use shall be construed as limiting or excluding any rights which any party has under the Financial Services and Markets Act 2000 or the FCA Handbook (or any successor legislation / rules from FCA, PRA or TPR).

 

15.6.   If you are dissatisfied with the Site or any part of the Services provided, your sole and exclusive remedy is to discontinue using the Services and the Site.

 

16.      Intellectual Property Rights

 

16.1.   B&CE owns the copyright and any other intellectual property rights to all the Information and data relating to the provision of the Services including all database rights. If you become aware of or suspect any infringement by any person of rights of B&CE in connection with the Services you agree to promptly notify us and to give us any details you have in relation to such infringement.

 

16.2.   Except as expressly provided in these Terms of Use, B&CE does not grant you any express or implied rights in the Site, the Information or the Services or any software which may be supplied or downloaded, and all rights are retained by B&CE.

 

16.3.   Except as expressly permitted and for your own Employer’s use, you may not post, modify, distribute, or reproduce in any way any Information or Content or other proprietary information from the Site without obtaining the prior written consent of B&CE.

 

17.      Third Party Rights

 

17.1.   No other party has any rights under these Terms of Use other than the Employer, you and B&CE. Any agreement made in accordance with these Terms of Use cannot be assigned or transferred to anyone else and no rights shall be imputed to any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

18.      General Provisions

 

18.1.   A failure or delay by you or B&CE to enforce any right under these Terms of Use is not an implied waiver of the same or of any other right in the future.

 

18.2.   If for any reason you consider that we have not delivered the high standard of service that you expect from us, then you should contact us as soon as possible to enable us to investigate.  If you have a complaint you should contact us by telephone (0300 2000 444), e-mail (info@bandce.co.uk) or in writing.  Full contact details can be found on our website (www.bandce.co.uk) .

 

19.      Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.