These terms of use are applicable to each and all of the websites: www.xpsgroup.com, www.xafinity.com, and www.mypension.com  (the “sites”),  operated by XPS Pensions Consulting Limited, XPS Pensions Limited, XPS Investment Limited, XPS Administration Limited and Xafinity SIPP Services Limited (“XPS Group”), its clients and its partners. By using the sites you are agreeing to be bound by these terms of use (as amended from time to time) and the uses we make of data relating to you (as described below and in the Privacy Statement). If you do not agree to the terms of use then you must not use the sites.

 

Other applicable terms

The following additional terms also apply to your use of the sites:

• our Privacy Notice which sets out information about how we may process any personal data we collect from you, or that you provide to us. By using the Sites, you warrant that all data provided by you is accurate; and
• our Cookie Policy, which sets out information about the cookies on the Sites.

If you access and use certain services from any of the sites (paid or unpaid), then there may be specific terms of service which apply to your access and use. These will be brought to your attention so you can expressly confirm your acceptance of them.

 

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.

 

Limited licence

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 graphics separately from any accompanying text.

If you print off, copy or download any part of any of the Sites in breach of these terms of use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You are granted a limited licence to download the materials contained on the Sites to a personal computer, and to print a hard copy of the materials contained on the Sites, solely for your personal, non-commercial use, provided that all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on the Sites on any other internet site or other media is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all of these terms of use.

Software (if any) made available to download from the Sites is either owned by or licensed to us. You may only use such software in accordance with the end user licence accompanying that software or, where there is no such licence, you are granted a non-exclusive, non-transferrable licence to use the said software for using the Sites in accordance with these terms of use.

All rights of any sort relating in any way to the Sites (including, but not limited to, those relating to their content, branding and any services, software and other materials made available on and through them) which are not granted to you in accordance with these terms of use are hereby expressly reserved to us.

 

Linking to the sites

You may establish a link to the home page of the Sites on the condition that you agree to and comply with these terms of use and, in particular, the following:

(i) you must notify us in writing at the address given below (see About Us) at least one week in advance of establishing your link;

(ii) unless we confirm otherwise to you in writing, the link must only be to the home page of the Sites;

(iii) the link(s) to the Sites will be one-way (i.e. not reciprocal);

(iv) you may not use any of our logos on your site to establish any link(s) without our prior written consent;

(v) 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 Group companies, more generally;

(vi) 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;

(vii) 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

(viii) you must not establish a link to any of the Sites in any website that is not owned by you.

Please note: By establishing any link(s) to the site you agree to comply with these terms of use.

 

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.

You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access any of the Sites through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

 

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.

(d) Nothing in these terms of use shall limit our liability for loss or damage for death or personal injury caused by our negligence, nor for any fraud or fraudulent misrepresentation made by us or those under our control.

(e) If you are using the Sites as a consumer then:

• nothing in these terms of use shall in any way limit your statutory rights;
• 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.

 

Viruses

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 programs 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.

 

Severability

If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction, shall not be affected.

 

Entire agreement

These terms of use and the documents referred to herein supersede all prior agreements, arrangements and statements between us relating to your use of the Sites, and constitutes the entire agreement between us relating to your use of the Sites. You acknowledge that, in entering into this agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms and the documents referred to herein. You agree that our only liability in respect of those representations and warranties which are set out in these terms and the documents referred to herein (whether made innocently or negligently) shall be for breach of contract.

Nothing in this clause shall limit or exclude any liability for fraud.

 

Change of terms of use

We may alter, adapt or otherwise change these terms of use from time to time by amending this page. Your use of the Sites or any service(s) made available on or through them will constitute acceptance of those amended terms of use and you should check this page before conducting future transactions or making any further use of these Sites.

 

About us

The Sites are operated by XPS Pensions 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 Group, Phoenix House, 1 Station Hill, Reading RG1 1NB, or by using one of this site’s contact facilities.

 

Miscellaneous

You may not assign, sub-license, sub-contract or otherwise transfer or deal in any of your rights or obligations under these terms of use without our prior written consent.

 

Governing law

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.

 

Use of passwords

Where we have given you (or where you have chosen) a password which enables you to access certain parts of any Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.