April 2020
Terms and Conditions
These Terms and Conditions of Service and Use (Terms) apply to and govern your use of the New Ireland www.MyPension365.ie (the Site) and all products, tools, software, and services that you access through it in relation to the New Ireland Master Trust.
New Ireland Assurance Company plc is a company incorporated in Ireland with registered number 7336, whose registered office is situated at 87- 89 Pembroke Road, Ballsbridge, Dublin 4, D04 X738.
These Terms will apply whether you are a guest to the Site, a Member of the New Ireland Master Trust Retirement Plan (see clause 4 of these Terms), a Participating Employer (see clause 3 of these Terms), or if you are an Adviser acting on behalf of a Participating Employer (see clause 2 of these Terms). By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with or accept these Terms, please do not use our Site.
Please note, acceptance of these Terms does not constitute participation in the Plan.
1. REGISTRATION
1. By registering on our Site you understand that you are entering into a contract with New Ireland on these Terms.
2. If you choose, or are provided with, a user identification code, password, or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party save as permitted by these Terms. New Ireland have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
3. If you know or suspect that an unauthorised person has access to or knows your user identification code or password, please notify New Ireland promptly.
4. By continuing to access our Site or utilise our Services, you warrant that you have full power and authority to enter into these Terms and to perform your obligations under them.
2. ADVISERS
If you are an Adviser, the following provisions (along with clauses 5 - 18 (inclusive)) apply to you:
1. In acting as an Adviser, each Adviser acknowledges and confirms that it is legally entitled and authorised to act on behalf of the Participating Employers as listed in the Adviser's account.
2. Adviser acknowledges and accepts that the obligation to keep its account information accurate and up-to-date rests solely with it. The Adviser must notify New Ireland immediately if any of the information provided changes, is inaccurate, or is incomplete.
3. Adviser acknowledges and accepts that the obligation to keep its account information accurate and up-to-date rests solely with it. The Adviser must notify New Ireland immediately if any of the information provided changes, is inaccurate, or is incomplete.
3. PARTICIPATING EMPLOYERS
If you are a Participating Employer, the following provisions (along with clauses 1, 5 - 18 (inclusive)) apply to you:
1. Employers can become a Participating Employer by registering and setting up a pension plan through the Platform through our Site. In consideration of the Participating Employer agreeing to be bound by these Terms, New Ireland grants the Participating Employer a non-transferable, revocable, non-exclusive limited licence to use the facilities on the Site and access our Services.
2. In order to become a Participating Employer, the following information must be provided:
1. the company's full name, registered office, and any other official postal address (if different);
2. the full name, position, email address and telephone number of a person(s) authorised to act on behalf of the Employer (Primary Contact);
3. the full name, position, email address and telephone number of any third party Adviser authorised to act on behalf of the Employer;
4. the sort code, account number, and account name of the Irish bank account controlled by the Employer to which payments in connection with the Plan are to be made.
5. And such other information as New Ireland may reasonably require from time to time.
3. In respect of each employee that the Participating Employer wishes to enrol in the Plan, it must provide New Ireland with, and keep updated, the following information:
1. the employee's full name, address, email address, telephone number, and date of birth;
2. details of the employees joining date, job title, and earnings;
3. details of the contributions that:
a. the Participating Employer will make in respect of that employee;
b. the employee will make, and confirmation as to how often and when such contributions will be made;
4. and such other information as may reasonably be required by New Ireland from time to time or as otherwise specified in its privacy policy.
4. Participating Employers acknowledge, accept and warrant that where a third-party Adviser has been authorised to act on its behalf, New Ireland shall have no obligation or requirement to verify any actions, instructions, or amendments made by that third-party Adviser, and New Ireland shall be entitled to take such action in accordance with that Adviser's instructions without recourse or liability to the Participating Employer.
5. Participating Employers further acknowledge and accept that the obligation to keep its account information accurate and up-to-date rests solely with it. The Participating Employer must notify New Ireland immediately if any of the information provided pursuant to clauses 3.2 and 3.3 changes, is inaccurate or is incomplete. In particular, if an Adviser is no longer authorised to act on behalf of the Participating Employer, or if a Member is no longer employed by the Participating Employer, the Participating Employer must notify New Ireland without delay.
6. At all times whilst being a Participating Employer, you must comply with: the provisions of the Plan Rules; any applicable regulatory and statutory obligation (including payroll); and these Terms.
7. Nothing in these Terms shall be interpreted or taken to mean that New Ireland is responsible for your compliance with the Pensions Act 1990, and any other legal requirements or obligations (including tax). Each Participating Employer remains solely liable for all such adherence and compliance.
8. New Ireland makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the use by a Participating Employer of an Adviser.
9. If at any time New Ireland decides to (or is required by law to) amend its terms or apply additional charges for its Services, New Ireland shall use all reasonable endeavours to provide Participating Employers and Members with no less than one month's written notice of such charge.
4. MEMBERS
If you are a Member, the following provisions (along with clauses 1, 5 - 18 (inclusive)) apply to you:
1. If your employer is a Participating Employer they can invite you to enrol into the New Ireland Retirement Plan. Alternatively, your employer may automatically enrol you in the Plan under the terms of your contract of employment.
2. Members further acknowledge and accept that the obligation to keep their account information accurate and up to date rests with them.
3. If you are a Member of the Plan, in consideration of you agreeing to be bound by these Terms, New Ireland grants you a non-transferable, revocable, non-exclusive limited licence to use the facilities on the Site, including the Members' Portal.
4. Through the Members' Portal you can increase your contributions and choose into which Fund your contributions are invested. If you do not choose a fund, you will be allocated to a default Fund, but you can always switch between the available Funds as and when you wish to. You acknowledge that investments can increase or decrease in value from time to time, and neither New Ireland nor the Trustees have any liability to you in respect of the investment performance of each Fund. You will receive annual statements detailing your investment and your options in respect of such Funds.
5. For as long as you are making contributions, you will be an active Member. You will cease to be an active Member if you:
1. opt-out or leave the Plan;
2. leave your employment with a Participating Employer;
3. transfer your funds to another scheme;
4. pass away before drawing your funds.
6. If you cease to be an active Member, but your funds remain invested in the Plan, you will become a Deferred Member until such time as:
1. you re-join or are re-Enrolled into the Plan;
2. become employed again by a Participating Employer; or
3. draw your benefits.
7. As a Deferred Member you will continue to have access to our Site and the Member's Portal to view your annual statements and access other important information.
8. The charges applicable to your membership of the Plan are as communicated in documentation provided to you through the platform. Full details regarding this are set out in your employer section Plan Rules which you can access through our Site.
9. At all times whilst being a Member you must comply with the provisions of the Plan Rules any applicable regulatory and statutory obligations and these Terms.
5. ACCESS
1. There is no charge imposed by New Ireland to access the Site.
2. New Ireland does not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. New Ireland may suspend, withdraw, discontinue, or change any part of the Site without notice. New Ireland will not be liable if, for any reason, the Site is unavailable at any time or for any period, but New Ireland will try to give reasonable notice, if possible, of any suspension or withdrawal.
3. You are responsible for making all arrangements necessary for you to access the Site and any of the facilities available on the Platform.
4. The Platform and the Plan are directed to people residing in Ireland. New Ireland does not represent that content available on or through the Site is appropriate or available in other locations. New Ireland may limit the availability of the Site or any of the Services described or accessed through the Site to any person or geographic area at any time.
5. At all times when accessing the Site, you must ensure that:
1. you shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:
a. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
b. facilitates illegal activity;
c. promotes unlawful violence;
d. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
e. is otherwise illegal or causes damage or injury to any person or property, and New Ireland reserves the right, without liability or prejudice to its other rights, to disable the access to any person who breaches the provisions of this clause 5.4.1,
2. you shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software and/or Documentation (as applicable) on the Platform in any form or media or by any means; or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software or Documentation on the Platform;
3. you shall not access all or any part of the Platform in order to build a product or service which competes with the Services, or to use the Platform (or any part of it) to provide services to third parties.
6. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Platform and, in the event of any such unauthorised access or use, promptly notify New Ireland.
6. PLAN RULES
1. The Plan Rules govern the terms of the Plan and detail, among other things, its administration, its investment powers, Participating Employers' rights and obligations, and Members' eligibility, rights and obligations. For detail regarding how the Plan is run, and your rights and obligations under it, please see the guidance on our Site and the Plan Rules which are available on the Site.
2. You undertake, at all times, to comply with the terms set out in the Plan Rules. In the event of any conflict between these Terms and the Plan Rules, the terms of the Plan Rules shall prevail.
7. NEW IRELAND'S SERVICES
1. New Ireland shall provide the Services and make available the Site to you on and subject to these Terms.
2. Our role is to provide access to our Services through our Site.
3. New Ireland shall provide the Services using reasonable care and skill.
4. New Ireland shall be responsible for ensuring that it complies with all applicable laws, regulations, regulatory policies, guidelines, or codes of practice in place from time to time in connection with the provision of the Services.
5. To the extent that use of the facilities available on the Site requires the use of any third party software, New Ireland will use commercially reasonable endeavours to notify you of the licence terms and conditions.
6. The undertaking at clause 7.3 shall not apply to the extent of any non-conformance is caused by the failure by you (or any Adviser acting on your behalf) to provide New Ireland with complete and accurate information. Notwithstanding the foregoing, New Ireland:
1. does not warrant that the supply of Services will be uninterrupted or error-free;
2. does not warrant that the Services will meet your requirements; and
3. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
7. Content and guidance on the Site is provided for your general information only and to inform you about New Ireland's Services. It does not constitute technical, financial or legal advice, or any other type of advice, and should not be relied on for any purpose.
8. New Ireland warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms. If you have any questions or queries regarding how the Plan is administered and regulated, please refer to the Plan Rules.
8. YOUR OBLIGATIONS
1. In consideration for receiving the Services, you shall:
1. provide New Ireland with such information as may reasonably be required to provide the Services and ensure that all such information and data provided to New Ireland and/or uploaded or submitted to the Site is complete, true and accurate;
2. co-operate with New Ireland in all matters relating to the Services;
3. comply with all licence terms and conditions applicable to any third-party software as required in connection with the Services;
4. comply with all applicable laws, regulations, regulatory policies, guidelines, or codes of practice in place from time to time in connection with the Services;
5. use due care and skill when using the facilities of, submitting data to, and analysing data from the Platform;
6. be solely responsible for providing all necessary hardware, software, network facilities and telecommunications services to access and use the Services.
2. You agree to comply with any requests (which we may supplement from time to time) to confirm your identity, including verification of name, age, and address. If you do not, we reserve the right to suspend or restrict your access to the Site. We may make, directly or through a third-party, any inquiries we consider reasonably necessary to validate the information that you provide to us (including without limitation checking commercial databases and credit reports).
9. MEMBER DATA
1. During the course of our activities, we will process Personal Data and we recognise the need to treat it in an appropriate and lawful manner. You acknowledge that New Ireland will be required to share Personal Data with the Plan Trustees and the Plan Administrators and other relevant third parties but in doing so, New Ireland will ensure that Personal Data will be shared securely and in compliance with its privacy policy.
2. New Ireland shall:
1. process Personal Data only to the extent, and in such a manner, as is necessary for the purposes of providing the Services and shall not process the Personal Data for any other purpose other than to notify you of other opportunities or Services that may be available to you by New Ireland from time to time or as otherwise specified in its privacy policy. We will not transfer or sell your Personal Data to any third-party for this purpose. If you do not want us to contact you in this manner, please let us know.
2. where possible, promptly comply with any request from a Member requiring New Ireland to amend, transfer or delete the Personal Data;
3. only collect any Personal Data in a form which complies with the Data Protection Legislation;
4. provide, upon a Member's request, a copy of all Personal Data held by it in the format and on the media reasonably specified; and
5. ensure that appropriate safeguards are in place regarding any transfer of Personal Data outside the European Economic Area.
3. New Ireland shall ensure:
1. that it takes reasonable steps to ensure the reliability of any of New Ireland employees who have access to the Personal Data;
2. that access to the Personal Data is limited to those employees who need access to the Personal Data to meet New Ireland obligations under these Terms;
3. that all of its employees involved with the Services are informed of the confidential nature of the Personal Data.
4. New Ireland warrants that:
1. it will process the Personal Data in compliance with all Data Protection Legislation; and
2. it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, Personal Data.
5. Each Adviser and/or Participating Employer shall ensure that it is entitled to transfer the relevant Personal Data to New Ireland so that New Ireland may lawfully use, process and transfer the personal data in accordance with these Terms. New Ireland shall be entitled to relief from liability in circumstances where a Member makes a claim or complaint with regards to New Ireland's processing of Personal Data to the extent that such actions arise as a result of an instruction or direction from an Adviser or a Participating Employer.
10. PROPRIETARY RIGHTS
1. Except as expressly stated herein, these Terms do not grant any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
11. CONFIDENTIALITY
1. A party's Confidential Information shall not be deemed to include information that:
1. is or becomes publicly known other than through any act or omission of the receiving party;
2. was in the other party's lawful possession before the disclosure;
3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
4. is independently developed by the receiving party, which independent development can be shown by written evidence.
2. Subject to clause 11.3, each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than as required for the supply of the Services.
3. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.
12. LIMITATION OF LIABILITY
1. Disclaimer: the Site and Services are provided on an 'as is' basis. To the fullest extent permitted by applicable law, we hereby disclaim, and make no representations or warranties of any kind, express or implied, regarding the Site or the Services, including without limitation:
1. any implied representations, conditions, or warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement (whether by statute or common law);
2. that the Site or the Services or the Plan will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality; or
3. any implied warranty arising from the course of dealing or usage.
2. Except as expressly and specifically provided in these Terms:
1. You assume sole responsibility for results obtained from the use of the Services and the Documentation, and for conclusions drawn from such use;
2. New Ireland shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to New Ireland by a Member, an Adviser, Participating Employer or its Primary Contact, or any actions taken by New Ireland at such parties' direction.
3. Nothing in these Terms excludes the liability of New Ireland:
1. for death or personal injury caused by New Ireland's negligence; or
2. for fraud or fraudulent misrepresentation.
4. Subject to the fullest extent permitted by law:
1. New Ireland shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
2. New Ireland's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to:
a. where you are a Participating Employer or an Adviser, €100;
b. where you are a Member, a sum equal to the aggregate Annual Member Charges payable in the 6 months preceding the claim; or €100 (whichever is the greater).
3. Nothing in these Terms shall be taken as in any way reducing or affecting a general duty to mitigate a loss suffered by a party.
13. TERMINATION
1. If you are a Participating Employer or a Member, your participation in the Plan may be terminated at any time in accordance with the Plan Rules.
2. New Ireland may suspend or terminate the Services immediately on written notice where required or obliged to do so by law, or where we reasonably believe your account has been accessed improperly or fraudulently.
3. In addition, we may terminate your access to our Services if you are in material or persistent breach of any of your obligations under these Terms and if that breach is capable of remedy and the other has failed to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach.
4. On termination of these Terms for any reason:
1. subject to clause 4.7 (which shall continue as long as the Site is available generally), all licences granted under these Terms shall immediately terminate;
2. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.
14. CHANGES TO THESE TERMS
1. New Ireland may need to amend these Terms from time to time. Where you have registered with New Ireland, New Ireland will notify you of the changes made to these Terms by, where possible, providing at least one month's notice of such amendments. You acknowledge that this notice period may not always be possible where such amendments are required as a matter of law or regulation.
15. GENERAL TERMS
1. WAIVER: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
2. SEVERANCE: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
3. NO PARTNERSHIP OR AGENCY: Nothing in these Terms is intended to, or shall operate to, create a partnership or agency between the parties to these Terms or to authorise either party to act as adviser or representative of the other. No party shall have the authority to act in the name or on behalf of or otherwise to bind another party to these Terms in any way.
4. FORCE MAJEURE: New Ireland shall have no liability for any breach of these Terms caused by an event or circumstance beyond its reasonable control.
5. ENTIRE AGREEMENT: These Terms, together with the Plan Rules constitutes the entire agreement between the parties in connection with the Plan, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in accepting these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Plan Rules.
6. THIRD PARTY RIGHTS: These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns).
16. NOTICES
1. Where you are required to notify New Ireland in accordance with any of these Terms, such notice must be delivered by hand or sent by pre-paid first-class post or recorded delivery to the address set out at the beginning of these Terms, or such other address as may have been notified by New Ireland for such purposes. Where you have registered with New Ireland, New Ireland will send any notices required under these Terms, by email, pre-paid first-class post or recorded delivery to the email address or postal address you specified when registering your account.
2. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received 2 business days after posting.
17. GOVERNING LAW AND JURISDICTION
1. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of Ireland, and the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
18. INTERPRETATION
1. In these Terms:
1. a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns;
2. a reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
3. unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular, and a reference to one gender shall include a reference to the other genders;
4. reference to a statute or statutory provision is a reference to it as it is amended, extended or re-enacted from time to time, and shall include all subordinate legislation made under that statute or statutory provision;
5. any words following the terms including, include, in particular, for example or a similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
6. an obligation on a party not to do something includes an obligation not to allow that thing to be done.
19. DEFINITIONS
1. The following definitions apply in these Terms:
Adviser A person authorised and instructed to act on behalf of a Member or a Participating Employer to manage the Participating Employer's Plan, and who has registered as such with New Ireland on the Platform;
Adviser Dashboard The facility made available on the Site through which Advisers can manage their client portfolios;
Confidential Information Information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11;
Controller, Processor, Data Subject and Personal Data Shall each have the meaning given in the GDPR;
Data Protection Legislation The EU General Data Protection Regulation 2016/679 (GDPR) (together with any Irish legislation giving effect to its terms), as may be amended, superseded, updated or replaced from time to time and all other applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Irish Data Protection Commission;
Documentation The document made available by New Ireland online via www.MyPension365.ie which sets out a description of the Services and the user instructions for the Services;
Implementation Date The effective date of when the Participating Employer completes the Participation Agreement;
Joining Date The date at which a Member's first contribution deduction is confirmed by the Participating Employer;
Member A person resident and working in the Ireland whom is employed by a Participating Employer and who agrees to enrol in the Plan or is automatically enrolled in the Plan by his/her employer in accordance with the terms of his/her contract of employment;
Member Data The data inputted by the Member, or by an Adviser or a Participating Employer on the Member's behalf, for the purpose of using the Services or facilitating the Member's use of the Services;
Members' Portal That portion of the Site accessible by Members and pursuant to which a Member can read about and manage their workplace pension;
Participating Employer The business entity whose Participation Agreement has been submitted and accepted by the Plan Trustees in accordance with these Terms;
Participation Agreement The Participating Employer's application to the Plan Trustees to participate in the Plan;
Platform The software tools available on the Site including the automatic enrolment assessment tool, letter generator, video generator and other communication tools;
Primary Contact The person appointed by the Participating Employer to communicate and represent the Participating Employer with all matters connected or relating to the Plan;
Plan A defined contribution Exempt Approved Plan pursuant to section 774 of the Taxes Consolidation Act 1997 to be known as the “New Ireland Master Trust” (hereinafter call the “Master Trust”) for providing Relevant Benefits (as defined in section 770 of the Taxes Consolidation Act 1997) for or in respect of such employees and former employees of Participants and Associated Participants that have been admitted to the Master Trust.
Plan Administrators Means the party appointed by the Trustee to administer and manage the Plan;
Plan Rules The rules of the Plan as updated and amended from time to time in accordance with its terms;
Plan Trustees The persons appointed as such under the Plan Rules of the Plan to oversee the Plan;
Services The services provided by New Ireland via the Platform;
Software The online software applications provided by New Ireland as part of the Services;
You, Your The person to whom these Terms apply including, guests to the Site, Advisers, Participating Employees and Members.