Terms & Conditions
Irish Life Corporate Business provides services to the User through Irish Life Corporate Business Pension Planet Interactive, subject to the User's acceptance of the terms and conditions set out below.
1. Definitions
Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
Agreement
The agreement concluded between Irish Life Corporate Business and the User for the purposes of using Irish Life Corporate Business Pension Planet Interactive consists of (1) the Registration Process (es); (2) these Terms and Conditions; (3) the Website Use Policy appearing on the Website from time to time; and (4) the Data Privacy Notice. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.
Irish Life Corporate Business
Shall be taken to mean Irish Life Assurance plc, its successors and assigns.
Irish Life Group Limited
Irish Life Assurance plc and any other company which is now or later becomes a subsidiary or holding company of Irish Life Group Limited or a subsidiary of such holding company; 'subsidiary' and 'holding company' are to be construed in accordance with section 155 of the Companies Act, 1963.
Pension Planet Interactive
The online system made available by Irish Life Corporate Business for approx. 20 hours a day to enable the User to access and utilise Services via the internet and/or other internet technology-based telecommunication media by accessing the Website.
Business Day
A day on which Irish Life Corporate Business is open for general business in the Republic of Ireland and 'non business day' shall be construed accordingly.
Client
A Sponsoring Employer, Trustee, Broker or Consultant or any other party with the requisite authority, including but not limited to Data Protection matters, to act as administrator or agent to the administrator of a scheme.
Website Use Policy
The Website Use Policy which sets out the terms upon which the data received in respect of this Agreement will be gathered and processed, and which is published on the Website (see Website Use Policy link).
Irish Life Data Privacy Notice
The Data Privacy Notice which sets what we use your personal information for and explains your rights around how we use it (see Data Privacy Notice link)
Registration Process(es)
The process(es) which must be properly and fully completed when applying to Irish Life Corporate Business for the provision of Services using Pension Planet Interactive, including, but not limited to, application forms, online application forms, online registration processes and forms completed by the User.
Self-Service Facility
The fully automated facility available to the User in connection with Pension Planet Interactive which enables the User to access and utilise the Services attaching to this facility.
System User
Means any person or body that has been set up as a System User by a System Super User or by Irish Life Corporate Business or otherwise enabled, in an appropriately authorised manner, to access and use the System in connection with the Services.
System Super User
Means a person or entity that has been authorised to act in such a capacity by Irish Life Corporate Business or a Client.
Terms and Conditions
The terms and conditions governing the provision of Pension Planet Interactive to the User, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
User
Any Client, Super User or System User duly authorised to access the system and bound by the terms and conditions.
Website
Any page containing the URL www.pensionplanetinteractive.ie
2. Access to and Use of the System
The Services, the Website, the Browser and the System may be accessed and used by:
(a) System Super Users who have been duly authorised and have accepted that position using the related USER ID and System Password; and
(b) System Users who have been appropriately authorised.
Such Users will be entitled to access and use the Services, the Website, the Browser and the System to the extent specified in the Terms & Conditions.
Pension Planet Interactive, through which Services are made available, is, subject to Clause 2.2, only provided to a User by Irish Life Corporate Business in respect of services in the Republic of Ireland.
The User shall disconnect and exit Pension Planet Interactive when not availing of the Services.
3. Equipment
The equipment necessary for the User to access Pension Planet Interactive shall be provided and be maintained by and at the expense of the User and Irish Life Corporate Business may change the requirements for such equipment from time to time.
4. Indemnity
The User undertakes to Irish Life Corporate Business to comply strictly with this Agreement. The User acknowledges that his or her compliance with this Agreement is designed to minimise the risk of unauthorised use of Pension Planet Interactive. The User agrees to indemnify Irish Life Corporate Business in full in respect of any loss or damages which may arise to Irish Life Corporate Business, the User or any third party as a consequence of the User's non-compliance with this Agreement.
Each Super User acknowledges their responsibility to ensure that all users who have been set up by them, or whose authorisation to access the system is otherwise under their control, abide by these Terms and Conditions and furthermore each Super User agrees that they will remove the access provided to each of these Users to whom they have provided access, or whose authorisation to access the system is otherwise under their control, upon their authority to access the information ceasing.
5. Instructions
Irish Life Corporate Business shall be entitled, but not obliged, to record all communications from, or instructions given by, the User to Irish Life Corporate Business, or messages sent by Irish Life Corporate Business to the User through Pension Planet Interactive, by email or SMS.
(a) The User shall ensure that all instructions given by the User to Irish Life Corporate Business through Pension Planet Interactive are accurate and complete, and that, where appropriate, he/she correctly identifies the Record in relation to which a change is to be made. In particular, prior to confirming any instruction to Irish Life Corporate Business, the User shall ensure that the instruction which is relayed back to the User confirming the instruction that the User sent through Pension Planet Interactive is the instruction which the User intends to give, this includes but is not limited to occasions on which the User is requested to indicate their acceptance of changes or instructions by being asked to ?Save? or ?Confirm?. Irish Life Corporate Business is entitled to rely on any instruction from the User using Pension Planet Interactive, and, for the avoidance of doubt, the processing by Irish Life Corporate Business of any such confirmed instruction shall be final and binding on the User. Irish Life Corporate Business shall not be liable for any delay or error which arises from incomplete, unclear, inconsistent and/or mistaken instructions which the User gives to Irish Life Corporate Business.
(b) once accepted by Irish Life Corporate Business for execution an instruction may be irrevocable. However, without prejudice to sub-paragraph (a), if a User wishes to amend or cancel an instruction that it has given to Irish Life Corporate Business, Irish Life Corporate Business will, provided the User gives the instruction to make such amendment or cancellation in such form as Irish Life Corporate Business may prescribe, use its reasonable endeavours to make such amendment or cancellation if it is possible for Irish Life Corporate Business to do so. It may not be possible for Irish Life Corporate Business to amend or cancel any instruction. The User will be liable for any additional fees or expenses which arise out of any such amendment or cancellation, or any payment investigation initiated at the User's request.
(c) Irish Life Corporate Business is authorised to provide the User with information in respect of all Data in relation to that User with any Irish Life Group Limited member where Irish Life Corporate Business has agreed to do so and the User gives instructions to Irish Life Corporate Business through Pension Planet Interactive.
(d) Irish Life Corporate Business is authorised to provide to the User any or all of the Services which may be accessed and availed of through Pension Planet Interactive in accordance with the User's instructions given to Irish Life Corporate Business through Pension Planet Interactive.
The User authorises Irish Life Corporate Business to act upon any instruction received through Pension Planet Interactive which has been transmitted using all or part of authentication process which Irish Life Corporate Business may require to be used in connection with Pension Planet Interactive without requiring Irish Life Corporate Business to make any further authentication or enquiry.
When using the Services each of Irish Life Corporate Business and the User agree that they will not attempt to rely on any other terms and conditions if to do so would be an attempt to repudiate the validity of the User's instructions relating to the Services or the communications regarding the instructions sent to the User by Irish Life Corporate Business. Both Irish Life Corporate Business and the User agree that the instructions, information, communications and/or authorisations given through Pension Planet Interactive shall be treated as satisfying any legal requirements for communication in writing.
Each time the User gives Irish Life Corporate Business an instruction, the User will be deemed to warrant that the instruction may be executed without breaching any law or regulation. Irish Life Corporate Business shall not be obliged to act on any instruction which Irish Life Corporate Business reasonably believes to be in breach of any law or regulation.
6. Communications
On registration or at any other time Irish Life Corporate Business may request contact information in relation to the User, such information may include email address and/or mobile phone number. The user is providing this information on the understanding that Irish Life Corporate Business may use the information to contact the User. Consequently it is highly important that the User ensures that any change in nature or use or security of the information provided is notified to Irish Life Corporate Business and that generally all reasonable efforts are made to keep the information provided up to date. Irish Life Corporate Business accepts no liability whatsoever in the event that the User does not keep their contact details up to date.
7. Charges & Fees
Subject to this agreement, where a fee is applicable to any of the Services provided through Pension Planet Interactive that fee shall be charged at the appropriate rate specified in the relevant documentation.
8. Termination of the Agreement
Irish Life Corporate Business may terminate the Agreement and withdraw Pension Planet Interactive:
(a) on giving the User at least 30 days prior written notice;
(b) immediately upon breach by the User of any of the terms of this Agreement or where there are serious grounds for doing so;
(c) immediately upon the bankruptcy or other contractual incapacity of the User;
(d) if the User has not accessed Pension Planet Interactive in any period of 3 consecutive months; or
(e) if Irish Life Corporate Business reasonably believes that any of the Services have been used negligently, illegally or fraudulently by the User, or by a third party as a result of the User's negligence or recklessness.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. The User may terminate the Agreement at any time by giving Irish Life Corporate Business not less than 10 Business Days prior written notice to that effect, but without prejudice to the User's outstanding liability prior to the date of termination.
Irish Life Corporate Business reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of Services. Irish Life Corporate Business is not responsible for any loss the User may incur as a result of any instruction not being processed after termination of the Agreement or after any suspension or withdrawal of the Services.
9. Variations of the Agreement
Irish Life Corporate Business may at any time amend, supplement or replace these terms and conditions as a result as changes in the Company?s policies, changes in technologies, to cater for new products, to comply with legal, taxation, or regulatory requirements or other circumstances affecting Irish Life Corporate Business or the services it offers
10. Notices
Save where expressly provided, any notice required to be given by the User to Irish Life Corporate Business in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to Pension Planet Interactive, CODE, Irish Life Corporate Business, Lower Abbey Street, Dublin 1
Save where expressly provided, any notice required to be given by Irish Life Corporate Business to the User in connection with the subject matter of this Agreement may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by electronic message through Irish Life Corporate Business Pension Planet Interactive, by email or by SMS.
11. Use of Information and Confidentiality
Subject to the terms of the Privacy Statement and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Financial Regulator or other competent statutory or regulatory authority, Irish Life Corporate Business shall ensure that all confidential data held by Irish Life Corporate Business in relation to Pension Planet Interactive shall only be accessible to Irish Life Group Limited, its or their agents or a company controlled by Irish Life and shall be processed or used by them for purposes and in a way compatible with the discharge of Irish Life Corporate Business?s obligations.
The User shall ensure that all information obtained from Irish Life Corporate Business by the User relating to Irish Life Corporate Business?s operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by the User in strictest confidence and shall not be disclosed by the User to any third party unless it is already in the public domain.
12. Intellectual Property
The intellectual property rights in all data, information, systems, processes or other material used by or developed by Irish Life Corporate Business for the purposes of providing the Services or performing its obligations under this Agreement shall remain vested, or upon their creation vest, in Irish Life Corporate Business or its licensors. The User shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
Save where otherwise specified, the intellectual property rights and contents of all the Website are owned by Irish Life Corporate Business or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior written consent of Irish Life Corporate Business, other than that a User may print or download one copy of the contents of the Website for personal non-commercial use.
13. Temporary Withdrawal of Service
In the event of a breakdown, fault or malfunction of, or connection to, any system used in connection with Irish Life Corporate Business Pension Planet Interactive, or where there is a real or potential security risk, Irish Life Corporate Business shall be entitled, without incurring any liability to the User, to temporarily suspend the relevant Services or access to Irish Life Corporate Business Pension Planet Interactive for such reasonable period as may be required to remedy, address or resolve the system issue.
Force Majeure: Irish Life Corporate Business shall not be in breach of its obligations under this Agreement, nor liable for any loss, damage or other liability suffered by the User or any other person, if there is a delay in, or any total or partial failure of, performance of Irish Life Corporate Business?s duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system or any other computer system, failure of any telecommunications network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any acts or omissions of Irish Life Corporate Business?s agents or third parties, or any other reason (whether or not similar in kind to any of the above) beyond Irish Life Corporate Business?s control.
14. Security, Maintenance and Availability
The User accepts that electronic communications including the internet may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence Irish Life Corporate Business cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:
(a) make certain or all of Services unavailable to a User; and/or
(b) delay implementation of any new Services; and/or
(c) withdraw, replace or reissue User IDs
(d) change authentication procedures or processes for accessing Pension Planet Interactive and while Irish Life Corporate Business will use reasonable endeavours to minimise any inconvenience caused to the User the User accepts that these events may occur and that Irish Life Corporate Business has no liability to it in the event of this happening. Where Irish Life Corporate Business changes authentication procedures for accessing Pension Planet Interactive then Irish Life Corporate Business may introduce these procedures by giving instructions to the User via the Pension Planet Interactive system or any other system in respect of which such procedures are being introduced.
15. Agency
The User agrees that he/she has entered into this agreement and may not subcontract or assign any of his or her rights or obligations under this Agreement. The User acknowledges that Irish Life Corporate Business enters into this Agreement for itself and as agent for any member of the Irish Life Group Liimted where that member of the Irish Life Group Limited has an agreement with the User in respect of a product or service to which the Services that are provided to the User apply.
16. General
Notwithstanding any other provision in these terms and conditions, Irish Life Corporate Business may take whatever action it considers appropriate to meet its obligations, either in Ireland or elsewhere in the world, relating to the prevention of fraud, money laundering or terrorism and to the provision of financial and other services to persons who may be subject to sanctions. This action may include, but is not limited to, investigating and intercepting transactions and making enquiries to establish whether a person is subject to sanctions. This may result in a delay or failure to execute instructions received. The User acknowledges and agrees that, to the extent permitted by law, Irish Life Corporate Business shall not be liable for any loss, damage or other liability suffered by the User or any third party which arises as a result of taking such action.
17. Governing Law
All relations established by Irish Life Corporate Business with the User prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection with them.
18.Severability
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
19. Waiver
Any waiver by Irish Life Corporate Business of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Irish Life Corporate Business?s part to exercise or avail of any right, power or privilege that Irish Life Corporate Business has or may have, operate as a waiver of any breach or default by the User.
20. Language
The Agreement and all other documentation which will be provided by Irish Life Corporate Business to communicate with the User throughout the duration of the Agreement will be prepared in the English language, and all communications between Irish Life Corporate Business and the User will also be conducted in the English language.
21. Currency
All values, transactions and prices displayed in Pension Planet Interactive are in EURO (€) currency.