Terms and Conditions

Pension App Ltd is a company registered in England and Wales with company number 14373601 (in these terms and conditions Pension App Ltd will be referred to as “Pension App”, “we”, “us”, “our” or in similar language). Pension App Ltd is authorised and regulated by the Financial Conduct Authority under registration number is 986413. You can check this on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

Pension App does not provide any advice or recommendations in respect of any pensions, investment, legal or taxation matters, and nothing in these terms and conditions, our website, or any other communications with Pension App (whether orally, in writing, or otherwise) will constitute any such advice. You must decide for yourself (taking separate, independent, professional advice where relevant) whether or not you wish to receive any of our Services (defined below) or invest in the Scheme (defined below).

Please be aware that any investments which Pension App provides (including the Scheme) can increase or decrease in value and Pension App is not liable for any losses which you incur as a result.

These terms and conditions apply in their entirety to all Contracts (as defined below). We have separated the terms into different sections based on the Service(s) to which they most closely relate, however this is done only for convenience and this shall not limit the scope, applicability, or interpretation of any specific clause.

Section 1 – Definitions

Account: your account with us.

App: means either of the following as the context requires:

The Pension App Mobile application software, the data supplied with the software, and any updates or supplements to it; and/or

Our website at www.pensionapp.com

Contract: the Contract for the provision of the Services and the App set out in these terms and conditions and the Pension App Pension Scheme Terms and Conditions referred to in section 4.

Documentation: has the meaning set out in clause 1.1 of Section 5.

Force Majeure Event: any circumstance not within a party’s reasonable control including, but not limed to: acts of god, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, embargo, or breaking off of diplomatic relations, nuclear, chemical, or biological contamination or Pension App Terms and Conditions

sonic boom, any law or action taken by a government or public authority, any labour or trade dispute, strikes, industrial account or lockouts.

Permitted Objective: has the meaning set out in clause 9.1 of Section 5.

Scheme: the Pension App Pension Scheme established by Quai Investment Services Limited and governed by the terms and conditions referred to in Section 4 below as amended from time to time.

Scheme Administrator: Quai Investment Services Limited or such other scheme administrator as we may appoint as a replacement from time to time.

Scheme Trustee: Quai Trustees Limited or such other scheme trustee we may appoint in addition to Quai or to replace them from time to time.

Services: the Tracing Service and the Transfer Service.

Tracing Service: has the meaning set out in clause 1.1 of Section 2.

Transfer Service: has the meaning set out in clause 1.1 of Section 3.

Section 2 – Account Opening and Pension Tracing

1 Account Opening

1.1 When you complete the online application screen in the App you are agreeing to open an Account and agree with the terms of the Contract (including the Pension App Pension Scheme Terms and Conditions referred to in section 4.

1.2 When you apply to open an Account we will perform certain checks and process your personal data in accordance with your privacy notice located at www.pensionapp.com/privacy-policy. We may require further information or documents in order to verify your identity and perform our security checks. We reserve the right to decline an application to open an Account at our sole discretion if we are unable to satisfactorily verify your identity or complete our security checks.

1.3 The decision to transfer any or all of your pensions to the Scheme is yours and yours alone and Pension App does not provide any advice or recommendations in respect of any such transfer or the suitability of any particular product for you. You must evaluate the terms of the Scheme and the benefits of transferring your pensions to it yourself (taking appropriate third party independent financial advice where relevant).

2 Pension Tracing Service

2.1 We will undertake a free of charge trace of your existing pensions in order to transfer these to the Scheme in accordance with Section 3 below (the “Tracing Service”), and in order to do this we will require your written authority to approach the relevant providers. Any delay in providing, or failure to provide, such written authority (or any other assistance which we might reasonably require) may result in delays, or the inability to provide, the Tracing Service.

2.2 The Tracing Service shall be performed using the information which you provide to us about yourself, your work and pension history, and any other relevant information which you provide. You must ensure that all information is true, accurate, and correct to the best of your knowledge otherwise our ability to perform the Tracing Service may be negatively affected.

2.3 The nature of the Tracing Service is by its nature one where the details of every pension provider may not be known at the start, so in order to speed up the process we request that you sign a general letter of authority allowing us to approach any pension providers whose details you provide to us together with any pension providers who, as a result of our tracing investigations, we subsequently reasonably consider you may hold pensions with (for example, where we investigate and uncover details of pension schemes/providers that your previous employers have used, following a SERPS trace with HMRC, etc) and provide them with a letter of authority for them to provide us with your pensions information. In order to do this, we will copy the signature that you provide to us onto our standard form letter of authority (an example of which we will provide to you or make available to view within your Account) and send this to the relevant pension provider. You hereby agree to us doing this and request us to do so.

2.4 Where you instruct us to undertake the Tracing Service we will do so using the personal data which you have provided to us. Further information relating to how we will use your personal data for this purpose is set out in our privacy notice located here www.pensionapp.com/privacy-policy.

2.5 Whilst we will use our best efforts to perform the Tracing Service, we make no guarantee that we will be able to find and locate each and every pension that you may have. As an when pensions are traced these will be shown in your Account together with their status and, to the extent that the information set out in your Account relating to those pensions is based on the information provided to us by third party pension providers, we accept no liability for any errors in your Account which arise due to incorrect information provided to us by such providers.

Section 3 – Pension Transfer

1 Pension Transfer Service

1.1 Following completion of the Tracing Service in respect of each pension, we shall arrange the transfer of any pensions that we locate to the Scheme (the “Transfer Service”) on the terms and conditions set out in this section 3.

1.2 Using the information obtained through the Tracing Service we shall automatically contact the relevant pension providers requesting that they transfer your pension to the Scheme and use our reasonable endeavours to facilitate and complete such transfer, however our ability to do so is dependent upon the agreement and assistance of the relevant provider and you agree to provide us with such assistance as is necessary to request or compel the relevant provider to transfer your pension. When we commence the Transfer Service certain pension providers may contact you to confirm that you wish to transfer your pension to the Scheme or ask you for further information. You agree to confirm that you wish to make such transfer and you shall provide such further information to such provider as might be necessary to complete the Transfer Services. Under no circumstances shall we be liable for any failure, delay or error caused by you or the relevant provider in respect of the Transfer Service.

1.3 Please note that the transfer of your pension to the Scheme may result in fees, penalties, and/or other charges being incurred and/or benefits and/or features being lost. You must ensure that you understand the precise amounts and nature of these items before requesting the relevant provider to transfer your pension as you alone shall be responsible any and all such charges or losses incurred as a result of a loss of any benefits or features and Pension App accepts no responsibility or liability in respect of the same.

1.4 Please note that under no circumstances shall you be entitled to transfer any pension that you have relating to your current employer where active contributions are being paid and should you provide us with the details of any such pension we shall not transfer the same to the Scheme.

Section 4 –Scheme Set Up and Operation

1 The set up and operation of the Scheme are subject to the Pension App Pension Scheme terms and conditions which are available for viewing via the sign up screen or here www.pensionapp.com/terms-and-conditions.

2 Your participation in the Scheme shall only commence once the first pension that we trace has successfully transferred to the Scheme.

3 We allow drawdown facility in respect of the Scheme or allow your benefits under the Scheme to be taken.

Section 5 – App Licence

By downloading and using the App you agree to these terms. If you do not agree to these terms do not download and use the App.

1 Licence

1.1 We license you to use:

(a) the App.

(b) The related online documentation (Documentation).

as permitted in this section 5.

2 The Apple App Store and Google Play terms also apply

2.1 The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Apple App Store [LINK] and Google Play [LINK]. Those rules and policies will apply in respect of your use of the App and Documentation instead of these terms where there are differences between the two and those rules and policies apply.

3 Operating System Requirements

3.1 To be confirmed.

4 Support for the App and how to tell us about problems

4.1 Support. If you want to learn more about the App or have any problems using it please take a look at our online support resources.

4.2 Contacting us. If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team as set out in section 6 below.

5 How you may use the App, including how many devices you may use it on

5.1 In return for your agreeing to comply with these terms you may:

(a) download or stream a copy of the App onto any devices which you own and view, use and display the App and the Service on such devices for your own personal purposes only.

(b) use any Documentation to support your permitted use of the App and the Service(s).

(c) provided you comply with clause 5.1(a) of this section 5, make no more than one copy of the App and the Documentation for back-up purposes; and

(d) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

6 You must be 18 to accept these terms and use the App

6.1 You must be 18 or over to accept these terms and use the App.

7 You may not transfer the App to someone else

7.1 We are giving you personally the right to use the App as set out above and you may not otherwise transfer the App or your Account to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it together with any access or log-in details. We are not liable for any loss or damage that you might suffer should you fail to do so.

8 Updates to the App

8.1 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

8.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

8.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

9 Licence restrictions

9.1 You agree that you will:

(a) not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

(b) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or the Documentation or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

(c) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

(i) is not disclosed or communicated without our written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

(ii) is not used to create any software that is substantially similar in its expression to the App;

(iii) is kept secure; and

(iv) is used only for the Permitted Objective;

(d) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

10 Acceptable use restrictions

10.1 You must:

(a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

(d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

11 Intellectual Property rights

11.1 All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.

12 We may end your rights to use the App if you break these terms

12.1 We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

12.2 If we end your rights to use the App:

(a) You must stop all activities authorised by these terms, including your use of the App.

(b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

13 Changes to these Terms

13.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

13.2 We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

13.3 If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you. This does not apply where the change is needed to reflect changes in law, in which case you will not be permitted to continue to use the App.

Section 6 – General

1 We’re not responsible for delays outside our control

1.1 If our supply of Services or benefits under the Scheme is delayed by a Force Majeure Event, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team who will advise you of your options.

2 Our responsibility for loss or damage suffered by you

2.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

2.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

2.4 We are not liable for business losses. The App, the Services and the Scheme are for domestic and private personal use. If you use these for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

2.5 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App, the Service or the Scheme.

2.6 We are not responsible for loss caused by a delaying event outside our control. As long as we have taken the steps set out in clause 1.1 of this Section 6.

2.7 We are not liable if the loss was avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

3 We use your personal data as set out in our Privacy Notice

3.1 How we use any personal data you give us is set out in our Privacy Notice: www.pensionapp.com/privacy-policy.

4 Contacting Us

4.1 If you need to contact us for any reason (including in respect of any complaints) with regard to our provision of the Services, administration of the Scheme, or your use of the App please would you contact our Customer Services Team at [email protected].

4.2 If we have to contact you we will do so by email, by SMS, by telephone, or by pre-paid post using the contact details that you have provided to us. If any of these change you must notify us immediately so that we can update our records.

5 You have several options for resolving disputes with us

5.1 Our Customer Service Team will do their best to resolve any problems you have with us or our products.

5.2 Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with our response to a complaint you can submit a complaint to the Financial Ombudsman Service through their website at www.financial-ombudsman.co.uk. The Financial Ombudsman Service does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.

5.3 We meet the requirements of the FCA rules regarding financial resources, including provisions regarding holding and maintaining appropriate professional indemnity insurance.

5.4 We are also covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. The value of this compensation depends on the type of business and the circumstances of the claim, as follows:

(a) Investment – Most types of investment are covered up to a maximum limit of £85,000 per person, per institution.

(b) Deposits – Deposits made by private individuals and small businesses to any authorised firms (retail deposits), are covered up to £85,000 per person, per authorised institution.

Further information about compensation scheme arrangements is available from the FSCS at www.fscs.org.uk.

5.5 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

6 Other important terms apply to the Contract

6.1 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

6.2 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

6.3 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.