We are People’s Partnership Limited (“PPL”) of Manor Royal, Crawley, West Sussex RH10 9QP (company number 10267951), the owners of the app (referred to below as the “App”) relating to The People’s Pension (the “Scheme”).
Whilst an independent trustee is ultimately responsible for administering the Scheme (the “Trustee”), we are the Founder in relation to the Scheme and the Trustee has appointed another company in the People’s Partnership group to administer certain aspects of the Scheme on its behalf. PPL has been appointed to manage and operate the App for the benefit of the members of the Scheme.
A. INTRODUCTION
By downloading and/or using the App you agree to be bound by the terms and conditions set out below (the “App Terms”), which form a legally binding agreement between you and PPL.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, which applies to your use of the App
B. KEY TERMS
Prior to using the App, you should note the following terms in particular:
- We may from time to time withdraw, update or amend the App or restrict your access to it or amend or terminate these Terms (see clauses 6, 7 and 11 below). For example, we may end your licence to use the App at any time if you have failed to comply with these terms in a serious way.
- Whilst we will make reasonable efforts to ensure that the App is secure and does not damage your property or data, we cannot provide a guarantee in respect of those matters and we exclude all liability to the maximum extent permitted by law (see clause 9 below).
- We are not authorised or qualified to provide financial (including tax) advice or legal advice. No information that may be provided in the App constitutes financial or legal advice to you (see clause 14 below).
- Whilst we will make reasonable efforts to ensure that the information provided in the App is accurate, complete, up to date and free from errors, we cannot guarantee that this will be the case and we exclude all liability for any deficiency in the information provided in the App to the maximum extent permitted by law. Accordingly, you may wish to double check your entitlement to benefits and/or the tax treatment of those benefits (e.g. with the Scheme administrator or a third-party professional adviser, as applicable) before making any decisions that relate to your rights or benefits under the Scheme (see clauses 12 and 13 below).
C. TERMS
1. General
1.1. We grant you a non-transferable license to download and use the App (which includes any updates to it from time to time) provided you comply with these App Terms. This license:
- 1.1.1 – is only for you personally and for non-business use;
- 1.1.2 – does not apply if you are under 16 years old (so in other words, you must be 16 or older to download and use the App);
- 1.1.3 – starts when you download the App; and
- 1.1.4 – unless otherwise stated, covers content, materials or services accessible from the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
1.2. In these App Terms, we refer to the site or application that you download the App from as the ‘App Store’ and we refer to their rules and policies as the ‘App Store Rules’. You must comply with the App Store Rules as well as these App Terms and you must comply with the usage rules set out in the following terms (as they are amended from time to time): https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
1.3. The App Store owner / operator is not a party to these App Terms and it is not responsible in any way for the App (including any of its content). The App Store owner / operator requires you and PPL to acknowledge and agree that it:
- 1.3.1 – is not responsible for carrying out any maintenance and/or providing any support in respect of the App;
- 1.3.2 – gives no warranty or representation to you in relation to the App and shall not be liable to you in respect of any warranty relating to the App that is given (whether on an express or implied basis) by PPL, in respect of which PPL is solely liable;
- 1.3.3 – shall refund to you the purchase price for the App (if applicable) in the event that the App fails to conform to any warranty relating to the App provided that you have notified the App Store owner / operator in writing;
- 1.3.4 – is not responsible for addressing any claims that you may have relating to the App or your possession of usage of it including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks (if applicable);
- 1.3.5 – shall not be liable in respect of any claim by a third party that the App or your possession or usage of it infringes a third party’s intellectual property rights. PPL shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property claim.
1.4. You do not own the App but you may use it on Apple-branded devices that you own or control. You do not own any of the intellectual property rights in the App or its content or in any of the materials or services that are accessible from it (including support resources).
1.5. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
1.6. You must not:
- 1.6.1 – attempt to access or modify the App’s code in any way, including inserting new code, either directly or through the use of another App or piece of software;
- 1.6.2 – attempt to avoid or manipulate any security features included in the App; or
- 1.6.3 – pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).
1.7. You warrant and undertake (as applicable) that you:
- 1.7.1 – are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country;
- 1.7.2 – are not listed on any United States government list of prohibited or restricted parties;
- 1.7.3 – will comply with any applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data service agreement when using the App).
2. Technical requirements
2.1. To use the App your device needs to comply with the following minimum requirements:
Device compatibility | Minimum device support: – iPhone 11 |
Operating system | Minimum OS: – iOS 16 |
Space | The App will require < 100 MB of on device storage |
Other | – Supporting phone devices only (not tablet) – Flip phones will not be supported |
3. Support and contact
3.1. If you need to get in touch with us in relation to the App, you can use any of the following methods:
Our support pages | https://thepeoplespension.co.uk/help/ |
X | https://twitter.com/PplsPartnership/ |
info@peoplespartnership.co.uk | |
Post | The People’s Pension Manor Royal Crawley RH10 9QP |
Telephone | 0300 2000 555 |
3.2. If we need to get in touch with you in relation to the App, we may do so by email, in-app notification or by SMS text message.
4. Privacy and your personal information
4.1 Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
4.2 We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
4.3 The App does not make use of any location data.
5. Acceptable use and your responsibilities
5.1. You must not use the App to do any of the following things:
- 5.1.1 – break the law or encourage any unlawful activity;
- 5.1.2 – send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- 5.1.3 – infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
- 5.1.4 – transmit any harmful software code such as viruses;
- 5.1.5 – try to gain unauthorised access to computers, data, systems, accounts or networks; or
- 5.1.6 – deliberately disrupt the operation of anyone’s website, App, server or business.
5.2. You must not share your log-in details with any other person or permit any other person to access or use the App.
6. Updates to the App
6.1. We may from time to time update the App for reasons that include fixing bugs, to reflect changes to the operating system, addressing security issues or enhancing functionality, and we may also change or remove functionality.
6.2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App Store. In some cases, we may remotely restrict usage of the App and require you to download an updated version of the App.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all) or you may be exposed to security vulnerabilities if you do not keep the App updated to the latest version that we make available (but see clause 10 below).
7. Changes to these App Terms
7.1. We may need to revise these App Terms from time to time. For example, we may need to make revisions to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or applicable guidance (e.g. guidance issued by The Pensions Regulator).
7.2. Where we wish to make a material change to these App Terms (we will decide whether a change is material, acting reasonably), we will ask you to accept to the change in advance. If you do not agree to the proposed change, these App Terms will terminate and clause 11.2 shall apply.
8. External services
8.1. The App may enable you to access services and websites that we do not own or operate (referred to below as “External Services”).
8.2. We are not responsible for the content, accuracy or delivery of these External Services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you, including the way in which they may use your personal information.
8.3. You must not use External Services in any way that:
- 8.3.1 – is inconsistent with these terms or with the terms of the External Service; or
- 8.3.2 – infringes our intellectual property rights, or the intellectual property rights of any third party.
8.4. From time to time, we may change or remove the External Services that are made available through the App.
9. Extent of our responsibility to you
9.1. Whilst we will make reasonable efforts to provide and maintain robust security features and ensure that the App does not damage your property or data, to the maximum extent permitted by law we:
- 9.1.1 – make no representation or warranty and provide no undertaking to you (whether express or implied) that your access to and use of the App will be continuous, secure and error-free;
- 9.1.2 – shall not be liable or responsible for any loss or damage caused by:
- (a) a virus, denial of service attack or any other harmful material that may affect your device (or any program or data stored on your device) in connection with or as a result of you downloading, storing or using the App; or
- (b) use of the App by a person other than you.
9.2. To the maximum extent permitted by law, we shall not be liable to you for events beyond our control. However, we will take reasonable steps to minimise the impact of events beyond control on the availability and/or functionality of the App and the content or services that may be accessed from it (see also clause 11 below).
9.3. If we breach these App Terms or are negligent, we shall not be liable to you for any loss or damage that you suffer as a result if that loss or damage was not foreseeable. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
9.4. We are not liable to you for any business loss or damage. The App is for domestic and private use only.
9.5. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
10. Failures of networks or hardware
The App relies on a number of things working properly to enable you to use all of its features. Many of these, such as your internet connection, your device and the App store, are entirely outside of our control. Although we will take reasonable steps to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.
11. Ending this agreement
11.1. We can end this agreement and terminate these App Terms:
- 11.1.1 – by giving you a reasonable amount of advance notice (to be determined by us, acting reasonably);
- 11.1.2 – immediately and without any advance notice in the event that you commit a serious breach of these App Terms. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly;
- 11.1.3 – in the event that you cease to be a member of the Scheme (e.g. because you have taken all of your benefits or transferred your benefits to another scheme); or
- 11.1.4 – in the event that the App Store owner / operator or a device manufacturer initiates a product takedown.
11.2. The consequences of the agreement ending and these App Terms terminating are as follows:
- 11.2.1 – you are no longer allowed to use the App and we (or the App Store owner / operator) may remotely limit or terminate your access to it; and
- 11.2.2 – you must delete it from any devices that it has been installed on.
12. Rules governing the Scheme and overriding legal requirements
12.1. The App provides information about your Scheme benefits. The Scheme (and your membership of it) is governed by a separate legal document known as the trust deed and rules (the “Scheme Rules”) and any overriding legal requirements that apply to the Scheme. You acknowledge and agree that these App Terms only govern your use of the App to access content and information about the Scheme and your benefits under the Scheme.
12.2. We shall make reasonable efforts to ensure that all information that is provided in the App is accurate, complete, free from errors and up to date. However, if your entitlement to Scheme benefits as displayed in the App is inconsistent with your entitlement as determined by reference to the Scheme Rules and/or any overriding legal requirements, the Scheme Rules and/or the overriding legal requirements shall prevail and, to the maximum extent permitted by law, we shall not be liable to you in respect of any deficiency in the information that was provided in the App. Accordingly, you may wish to double check your benefit entitlement with the Scheme administrator before making any decision in relation to your benefits or rights under the Scheme.
12.3. The Scheme is established and operated under the laws of England and Wales. When accessing the App you acknowledge and agree that, in accordance with clause 19 below, such use is governed exclusively by the laws of England and Wales regardless of the jurisdiction from which you may access the App.
13. Taxation of Scheme benefits
13.1. The App may from time to time provide general information relating to the tax treatment of benefits payable from the Scheme.
13.2. We shall make reasonable efforts to ensure that all information that is provided in the App relating to the taxation of benefits is accurate, complete, free from error and up to date. However, Scheme benefits are taxed in accordance with applicable legislation and in the event of any inconsistency between the information that is provided in the App and the applicable legislation, your Scheme benefits will be taxed in accordance with the applicable legislation and, to the maximum extent permitted by law, we shall not be liable to you in respect of any deficiency in the information that was provided in the App. Accordingly, you may wish to double check the tax implications of taking Scheme benefits before making any decisions in relation to your benefits or rights under the Scheme (e.g. with a financial adviser).
14. No advice
14.1. The App and any content on it are provided for general information purposes only and you should not construe any such information or other material as legal, tax, investment, financial, or other advice. We are not authorised or qualified to give financial (including tax) advice or legal advice and no information that may be provided on the App constitutes financial or legal advice.
14.2. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content in the App before making any decisions based on such information or other content. You agree not to hold PPL, its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the App.
14.3. If you have any questions about your personal circumstances, please consider speaking to a professional adviser authorised to give financial advice. Advisers may charge for any help or advice they give you. If you don’t have a financial adviser, you can find one in your local area by visiting www.unbiased.co.uk If you’re approaching retirement and choosing what to do with your pension savings, it’s important that you seek guidance and advice. Visit our guidance and advice for members for more information.
15. Delegation
15.1. Some or all of our obligations to you under these App Terms may be fulfilled on our behalf by one of our Affiliates or another member of our Group (each a “Relevant Third Party”).
15.2. An Affiliate of us is any person (including a body corporate or other entity) which directly or indirectly controls us or is controlled by us or is under direct or indirect common control with us. A person controls another person where the person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other person (whether through the ownership of voting shares or otherwise).
15.3. A member of our Group is any holding company in respect of us and any subsidiary or subsidiary of that holding company (as those terms are defined in sections 1159 and 1162 of the Companies Act 2006).
15.4. In the event that some or all of our obligations to you under these App Terms are fulfilled by a Relevant Third Party, no event shall give rise to any joint and/or several liability between us and the Relevant Third Party to you and we shall remain solely liable to you for any breaches of the obligations that are owed to you. You may not in any circumstances bring a claim under or in connection with these App Terms against any Relevant Third Party.
16. Contracts (Rights of Third Parties) Act 1999
16.1. Except as set out below, we and you do not intend that these App Terms shall be enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person who is not a party to it.
16.2. In the event that you cause a loss to a Relevant Third Party in connection with your use of the App (including any unacceptable use as set out in clause 5) or by doing any of the things referred to in clause 1.6, the Relevant Third Party shall be entitled to enforce these App Terms against you and recover any losses suffered by it as if the Relevant Third Party had been a party to these App Terms.
16.3. The App Store owner / operator and its affiliates and subsidiaries are third party beneficiaries of these App Terms and shall have the right to enforce them against you.
16.4. We may amend or terminate these App Terms (or agree to amend or terminate these App Terms) without the consent of the Relevant Third Parties or the App Store owner / operator (or any of its affiliates or subsidiaries).
17. Transferring this agreement
17.1. We may transfer our rights under these App Terms to another business without your consent, but we will notify you of the transfer.
17.2. You are not allowed to transfer your rights under these App Terms to anyone without our prior written consent.
18. Severability
If any term of these App Terms is held invalid, illegal or unenforceable for any reason, such term shall be severed and the remainder of the terms shall continue in full force and effect as if the agreement had been executed with the invalid, illegal or unenforceable term eliminated.
19. Governing law and jurisdiction
The laws of England and Wales apply to these App Terms and your use of the App, and any disputes under or in connection with these App Terms or your use of the App will be subject to the exclusive jurisdiction of the courts of England and Wales.
20 Version of App Terms
Version: Apple 1.2
Date: October 2024