Terms and Conditions

The website is made available to you by Finovation Limited (“FLI”), a private company limited by shares, incorporated in Ireland and with its primary office located at 6 Shieling Square, Howth Road, Raheny, Dublin 5 (trading as MyFutureNow). In the UK, the company trades under the name Finovation UK Limited (“FLUK”) is an Appointed Representative of Thornbridge Investment Management LLP which is authorised and regulated by the Financial Conduct Authority with reference no. 766954 (unless the context otherwise requires, FLI and FLUK are hereinafter referred to as the “Company”).

Before using www.myfuturenow.co.uk (the “Website”) and/or any of the services provided to you by the Company (the “Service”) you should carefully read, understand and confirm your acceptance of the important information provided below in these terms and conditions (the “Terms”). Your continued use of the Website indicates your acceptance of the Terms. If you do not accept the Terms, please do not continue to use the Website / Service.

By entering your email details on the Website or using the Service, you are agreeing to open an account and to be bound by the Terms.

1. What we do

The Service provided by the Company under the Terms does not constitute the provision of pensions, financial or other investment advice or recommendation in respect to any pension or investment. Nothing on the Website or in any communication received from us should be taken as advice. The Company does not provide individual recommendations on any pension plan. Any advice taken from third party advisers on the back of the information provided under the Service will be separate to the Terms and will not form part of any legally binding arrangement between you and the Company. You acknowledge that the Service is dependent on access to various other third party services which are engaged by the Company and you agree that we are not responsible for the non-availability, delays, failures or interruption affecting the Service or the performance of the Service caused by any such third party services or errors or bugs in software, hardware or the internet on which the Service relies as you acknowledge that we do not control such third party services and such errors or bugs are inherent in the use of such software, hardware and the internet.

We help pension scheme members trace and consolidate their old pensions into their currently active pension. We partner with providers and roll it out to their members. The providers pay us a transaction fee per members’ pension traced and a transfer fee for members that then decide to transfer their pension. For the member, the Service is free.

We do not give advice to the customer, we trace their information from various third parties then facilitate the transfer on an execution only basis so the customer decides whether they want to transfer or not.

2. The Service

We reserve the right to refuse to deliver any of the Service (including but not limited to the below) to you in our sole and absolute discretion. We grant a non-exclusive, non-transferable, personal and non-sub-licensable license to permit you to use the Service pursuant to the Terms.

a. Registering and account opening

You can open an account for free - your MyFutureNow account is opened once you input personal information about yourself into the Website (for example - an email address). By providing this personal information you are agreeing to the Company contacting you for the purpose of giving you reminders, progress updates and information requests for more details to help us track your pensions.

Please note that registering does not guarantee that you will be able to use any part of the Service, unfettered. There may be occasions where we are not able to offer the Service to you as we need to comply with regulation and act in your best interests as a consumer.

b. Pension tracing

The information you provide during the registration process will be used by us to locate your existing pensions on your behalf. The information we request will include personal information, personal pension and employment history information. We will also ask you to give the Company authorisation to approach the providers of your existing pensions (either in writing or verbally) on your behalf. By accepting to use the MyFutureNow tracking service you permit us to use this information to identify your existing pension plans and to find your pension saving details by contacting government departments, pension providers, your current and past employers and any other person or organisation we believe can help in tracking down your information.

Please note that we cannot guarantee that we will be able to track down any or all of your pensions.

c. Pensions dashboard

Once, we have tracked down your pensions the information will be presented to you via our secure online pension dashboard platform. The dashboard is designed to help you make your own pension and investment decisions. The information provided on the dashboard simply provides you with information about your pensions including the investments, it is not advice, should not be relied upon and no liability shall attach to the Company in respect of same.

Please note that although we will always strive to ensure the accuracy of the information we provide you, we are unable to guarantee the accuracy of the information provided by third parties in relation to your pensions or any other third party information we provide you on the pensions dashboard. Accordingly, we do not accept liability for any mistakes or inaccuracy of information provided about your pensions presented on our dashboard.

Pensions we are unable to provide information for on our dashboard will include:

Please note that not all pensions that are traced can be consolidated using the Service. The decision, depending on the pension type and whether or not there are any attached benefits to the policy, will rest with the Company and the pension provider for whom the pensions will be consolidated with. No liability shall attach to the Company in respect of any omitted pensions.

If you have any further questions about the Service please feel free to contact us at info@myfuturenow.co.uk Please note we cannot at any time give you financial advice on your pension info. If you need financial advice please contact an independent financial adviser.

3. Communication and account monitoring

By agreeing to the Terms you acknowledge that the Service is provided exclusively online and therefore most of our communication with you will be over the internet, including email. It is important to make sure at all times that the email details you provide are up to date and correct as the emails may contain personal information about you. You will always receive a confirmation email once you have registered, please contact us immediately if there is something in our communication that is incorrect. By using the Service, you acknowledge and agree that the Company is unable to guarantee that communications between you and the Company are secure and by agreeing to accept any of the Service you accept these risks and will not hold the Company responsible for any losses or damages you may suffer as a result of any failure of online communications.

You can access your account at any time by logging in with your username and password which you created during the registering process. Please note that despite our best efforts to always make your account available to you we cannot guarantee that this is always the case. You acknowledge that the Service may be interrupted from time to time and that we are not liable for any disruption to the Service or if for some reason you cannot access your account on demand.

4. Protecting your information and privacy

Please see the “MyFutureNow Privacy Statement” for comprehensive information on the data collected by the Company in order to provide to the Service. When interacting with the Service we may obtain information from you or various other parties including employers and pension providers. We will store this data and update your records accordingly.

It is your responsibility that the contact details we hold for you are kept up to date and you accept that you must inform us of any changes to these details in a prompt manner. In the absence of up to date data we will proceed on the basis of the latest data we hold in respect of you and we will not be responsible for any losses or damages suffered due to data not being updated by you.

You agree that the Company has the right to provide access to any information provided by you on your behalf to companies directly involved in the provision of the Service.

By using the Website you agree to the placement of cookies on the device you are using to access the Website and accept how we may collect data about you.

You undertake and agree that you shall not access, store, distribute or transmit any viruses, worms, trojans or other material which may prevent, impair or otherwise adversely affect the operation of any software, hardware, equipment, network or telecommunications service, or any material during the course of your use of the Website or the Service which: (a) is unlawful, harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property, and the Company reserves the right, without liability to you, to disable your access to any material that breaches this condition.

We will always rely on any communication which we believe to have been made by you. We are entitled to treat instructions which have come from you and validated with your passwords as genuine. Where we are unable to validate your instructions for any reason, we will be entitled to follow our internal security procedures to handle your requests.

Having secure access to the Service online via the Website, you acknowledge and agree that it is your sole responsibility to keep your security details as safe as possible. Accordingly, we recommend that you change your pension dashboard password regularly. In addition, please don’t give your username and password to anyone else. Furthermore, you acknowledge that if you do suffer any loss or damages then the Company will not be liable for such damages.

It is really important that you report any suspected theft or misuse of your account to us as soon as possible by calling us on +44 (0) 20 3371 0004 or emailing us at info@myfuturenow.co.uk

If you do not comply with the Terms you agree that the Company will not be held liable for any damage, liability or loss suffered by you or any third parties resulting from your non-compliance.

By setting up an account on the Website and / or using the Service, you consent to our monitoring and recording of all interactions with you inducing any communication via telephone which will also be done for the improving of the Service or for meeting regulatory requirements.

By sending correspondence to the email address and/or postal address you have provided, we will not be liable for any losses or expenses which may arise from any intercepting of communication by third parties.

5. Our fees

We do not charge for showing you your pension summary via our online dashboard. We charge for the tracing of pension information and for the transfer/consolidation of traced pensions.

If your current pension provider has chosen to offer our service to you and if you decide to trace or transfer/consolidate any of your old traced pensions into your currently active pension plan with that current pension provider, then we will receive a fee from your currently active pension provider. If instead, your current pension provider has not offered this service to you and if you decide to trace and/or transfer/consolidate any of your traced pensions into one of your current pension plans on the dashboard then you will be charged a fee of £100 per pension transferred paid for prior to the transfer.

6. Any changes to the Terms

We reserve the right to change any of the Terms from time to time either in part or in their entirety without receiving further consent from you by giving you reasonable notice of change and this may be necessitated by changes to the Service / Website or for any other reason at the sole discretion of the Company. We will notify you of any changes via email and make any amended terms available on the Website. We will give you 30 days notice for any serious changes made which is subject to regulatory requirements. Any minor amendments to the Terms will be made with immediate effect.

7. Limitation of Liability

While nothing in the Terms shall exclude or limit our liability in respect of death or personal injury arising from negligence or from fraud or fraudulent representation, in no event will the Company be liable to the other party for any loss of profits, loss of business, depletion of goodwill and / or similar losses or indirect, special, incidental, exemplary, punitive or consequential costs, damages, charges or expenses of any kind whatsoever, however so arising.

To the extent that the Company is liable under the Terms, the Company’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 the Terms shall be limited to the total monies received by the Company directly attributed and arising from your account in the six (6) month period immediately preceding the date on which the liability arose or an aggregate total of €200, whichever is the lesser.

8. Indemnity

In order to protect the Company and our ability to continue to provide the Service we require the following indemnity from you. You shall indemnify and defend the Company and its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable attorneys’ fees) arising out of a claim brought by a third party relating to your use of the Service (except to the extent caused by our negligence) including without limitation our hosting and use of your data and your decisions, financial, business and commercial judgments, and acts or omissions, based on your use of the Service. The Company shall provide you prompt notice in writing of any such claim or action. You shall have sole control of the defence and all related settlement negations and the Company shall provide the assistance, information and authority necessary to perform the above. Reasonable, documented, out-of-pocket expenses incurred by the Company in providing such assistance will be reimbursed by you. The Company shall be entitled to participate in the defence with its own counsel and at its own expense.

9. Reporting Issues

If for whatever reason you feel that the Service has not been to your satisfaction or met your expectations, please feel free to contact us as outlined below. In cases involving some urgency, please contact us immediately.

Telephone: +44 (0) 20 3371 0004

Email: info@myfuturenow.co.uk

Post: MyFutureNow, 2 Leman Street, London, E1 8FA

10. Confidentiality

As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include your data; our Confidential Information shall include the Service; and Confidential Information of each party shall include the Terms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than your data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of the Terms, and (ii) subject to the provisions of the Privacy Policy, except as otherwise authorised by the Disclosing Party in writing, to restrict access to Confidential Information of the Disclosing Party from third parties.

Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

11. Intellectual Property Rights

Intellectual Property Rights” includes but is not limited to patents, trademarks, service marks, design rights and database rights (whether capable of registration or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names, domain names and other similar rights or obligations, whether capable of registration or not in any country (including but not limited to Ireland). All Intellectual Property Rights and the title to the data and other contents of your account shall belong to either you or a third-party licensor. You are liable for the data and other contents of your account and for ensuring that the contents and data do not infringe any third-party rights or violate any Irish legislation in force at the time. The Company assumes no liability for the contents of any web pages hosted by its servers nor for any infringements of a third party right therein.

Except as expressly set out in these Terms or as permitted by any local law, you undertake: (a) not to copy the Service or infringe the Company’s Intellectual Property Rights; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or any part thereof; (c) not to make alterations to, or modifications of, the whole or any part of the Service or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not disclosed or communicated without the Company’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and (iii) is not used to create any software which is substantially similar to the Service; (e) to supervise and control use of the Service; (f) to use the most current version of the Service, including upgrading to any updated or upgraded version or new release provided by the Company under the Terms immediately on receipt of such version or release; (g) not to provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from the Company; (h) not to access all or any part of the Service in order to build a product or service which competes with the Service; and (i) not to attempt to obtain, or assist third parties in obtaining, access to the Service other than as set out in these Terms. You may not access the Website if you are our direct competitor except with our prior written consent. In addition, you may not access the Website for the purposes of monitoring the Website’s availability, performance or functionality, or for any other benchmarking or for any competitive purpose.

12. General

Force majeure. We shall not be liable to you or any third party for any delay or non-performance of obligations under the Terms arising from any cause beyond our control including, without limitation, any of the following: non-availability or failure of any third party service, act of God, governmental act, war, fire, flood, explosion, communications or failure of the internet or civil commotion.

Entire Agreement. You hereby acknowledge that no reliance is placed on any representation made but not referenced in the Terms.

Waiver. No waiver of any rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

Severability. If any provision of the Terms is judged to be unlawful or unenforceable, the remaining provisions of the Terms shall remain in full force and effect.

No Partnership / Agency. Nothing in the Terms is intended to or shall operate to create a partnership between us and you, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third Party Rights. The Terms do not confer any rights on any person or party (other than the parties to the Terms and, where applicable, their successors and permitted assigns).

Notice. Any notice required to be given pursuant to the Terms shall be in writing, and shall be sent to the other party marked for the attention of the person at the address. Notices may be sent by post, or signed and scanned and sent by email. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered seventy two (72) hours after posting and correctly directed faxes and emails shall be deemed to have been received instantaneously on transmission, provided that they are sent to correct email address or fax number.

Legal Fees. You shall pay on demand all of our reasonable legal fees and other costs incurred by us to collect any fees or charges due to us under the Terms.

Governing Law and Jurisdiction. Any dispute or claim arising out of or in connection with the Service, the Website or the Terms or the subject matter or formation (including non-contractual disputes or claims) of the arrangement as between you and us, shall be governed by, and construed in accordance with the laws of Ireland. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms.

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