RetireEasy

1. Background

"RetireEasy" is the trading name of a company registered in England and Wales as Retireeasy Limited with company number 07234552 and its registered office at 66-67 Newman Street, London W1T 3EQ. RetireEasy offers access to a financial planning tool that has been designed to help you understand how your income and your assets can be used to plan your retirement (the "LifePlan Tool"). Access to the LifePlan Tool and other information and services are provided by RetireEasy from the Website at www.retireeasy.co.uk (the "Website") which also provides you with a personal on-line account (an "Account") to enable you to use the LifePlan Tool (the "Service").

2. Acceptance of Terms

To participate in any element of the Service you must read and accept all of the terms and conditions (the "Terms") of this agreement. RetireEasy may modify the terms of this agreement, in its sole discretion, by posting amended terms to the Website. Your continued use of the Service indicates your acceptance of the amended agreement. We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Service. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our Website. The changes will apply to the use of the Service after we have given notice.

3. Participation

Your participation in the Service requires you to supply certain financial and personal information to RetireEasy. Personal information supplied will be subject to our Privacy Policy, which is incorporated by reference into this agreement. By using this Website or the Service, you consent to having your personal data transferred to and from the UK and the country in which you access your email to communicate with RetireEasy and/or access the Internet to use the Website.

4. Your use of the Service

You warrant that you have the legal capacity to enter into this legally binding agreement and that you are at least 18 years old. You acknowledge and agree that your Account is personal to you. The responsibility for the security of your user id, password and other Account details rests with you. You agree to notify RetireEasy immediately if you become aware of any unauthorised use of your Account or any other breach of security.

5. Your Information

Your responsibility and your intellectual property:

a. RetireEasy refers to all personal data, financial information, content, postings, messages, text, files and other material you input onto or upload to the Website to use the LifePlan Tool as 'Your Information''. You acknowledge and agree that you are entirely responsible for Your Information. You represent and warrant to RetireEasy that you own or otherwise have the right to use Your Information.

b. RetireEasy does not purport to own Your Information. RetireEasy acknowledges that all intellectual property and other rights subsisting in Your Information are and shall remain your (or your licensor(s)) property. You grant to RetireEasy a non-exclusive licence to make Your Information available on the Website for the provision of the Service to you and to further use, reproduce, distribute, transmit and display Your Information on your behalf if you wish RetireEasy to provide you with other services and/or products. Further, you understand that RetireEasy may make such changes to Your Information as RetireEasy deems necessary to conform and adapt Your Information to the technical requirements of the Website or Service. You agree that this licence shall permit RetireEasy to take these actions.

6. RetireEasy's intellectual property

a. "RetireEasy" (word and logo), retireeasy.co.uk, and all other names, logos, icons and marks identifying RetireEasy and its products and services are trade marks of RetireEasy and may not be used without the prior written approval of RetireEasy. In particular, we have applied to register our logo as a registered trade mark in the European Union (application number E9749615).

b. With the exception of Your Information all right, title and ownership to all intellectual property rights in the Website (including RetireEasy's LifePlan Tool) remains with RetireEasy (or its licensor(s)). Except as expressly provided in this agreement, nothing shall be construed to grant you any right, title or interest in or to the Website (or to RetireEasy's LifePlan Tool).

c. All rights not expressly granted by RetireEasy in this agreement are reserved.

7. Fees

a. To create your Account and to start to use the Services you must pay the applicable initial monthly membership fees as quoted on the Website from time to time. Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, there is a 7 day cooling off period that starts on the day that RetireEasy confirms to you that your Account is active. During this 7 day period you may e-mail RetireEasy at support@retireeasy.co.uk to cancel your membership and no further charges will be made and the initial monthly membership fee will be refunded. The membership fees give you access to your Account for up to 1 month from the time on which RetireEasy receives the fees. Membership fees may be subject to change from time to time, and, unless otherwise agreed, discounted rates will apply for the first year from registration only.

b. To pay the fees you will need a valid debit or credit card . The monthly fee will be charged to this card on the same day each month if this is a business day. If not, it will be charged on the following business day.

c. You may cancel at any time by going to 'My Account', then clicking on 'Leave Us' and following the prompts.

8. Termination

a. Subject to the remainder of this Condition 8, this agreement shall continue in full force and effect while your account is active.

b. RetireEasy may terminate or suspend this agreement and your Account immediately and without prior notice or liability, if you breach any of the Terms.

c. If you wish to terminate this agreement you may simply discontinue using the Services or send an email to support@retireeasy.co.uk.

d. When (and howsoever) this agreement expires or is terminated, RetireEasy shall continue to store Your Information on its servers for a further 6 months. During this 6 month period, you may request an electronic copy of your LifePlan (at a charge of £25) to be sent to your nominated e-mail address. If you do not request your LifePlan within this 6 month period RetireEasy may then delete all Your Information from its servers. YOU ACKNOWLEDGE AND AGREE THAT ON THE EXPIRY OF THIS 6 MONTH PERIOD YOUR INFORMATION AND YOUR ACCOUNT INFORMATION MAY BE DELETED FROM OUR DATABASE AND THAT WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR SUCH TERMINATION AND DELETION.

e. All provisions of this agreement relating to Your Information, to intellectual property, to liability and to indemnification shall survive termination.

9. Liability

a. All that RetireEasy provides as part of its Service is a LifePlan Tool to assist you in planning your retirement. We do not verify or check Your Information. You use the LifePlan Tool and the Services at entirely your own risk. You must evaluate, and bear all risks associated with, the use of Your Information or any reliance on said information. In no circumstances will RetireEasy be liable in any way for Your Information or for any loss or damage of any kind incurred as a result of Your Information being made available via the Service. All decisions that you make in relation to the information that the LifePlan Tool and the Services provide are made at your own risk. We are not authorised by the UK Financial Services Authority and we are not authorised under the UK Financial Services and Markets Act 2000. We do not purport to give advice to you of any kind on what you should or should not do with your income and assets. We simply provide you with a tool to help you make decisions about your retirement. You remain responsible for any decision that you make in using the Website, and in taking such decisions regard must be had to the restrictions on the scope of the Services and to the large number of other factors, financial and otherwise, of which you and your chosen advisers and financial product are, or should be aware from sources other than the Website.

b. As the networks on which PCs, laptops, notebooks and smartphones can sometimes be unreliable, RetireEasy can only use its reasonable endeavours to ensure the Website and your Account are always available. Thus, RetireEasy will not be liable to you if for any reason the Website or your Account is unavailable at any time or for any period. In particular, access to the Website and your Account may be suspended temporarily without notice in the case of network or system failure, maintenance or repair or reasons beyond RetireEasy's control. RetireEasy may also, without notice, at is sole discretion modify the features, availability, operation and/or look and feel of the Website at any time.

c. The express terms of the Agreement are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for the Agreement would be implied or incorporated into the Agreement, or any collateral agreement, by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

d. Nothing in the Agreement shall operate to exclude or limit liability for: (a) death or personal injury caused by the negligence of RetireEasy its servants, agents, employees or sub-contractors; (b) any breach or contravention of the terms implied by Section 2 Supply of Goods and Services Act 1982; or (c) fraudulent misrepresentation.

e. To the extent permitted by law, we exclude: (i) liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which we may otherwise have to you as a result of the provision of the Services; (ii) any other liability for indirect or consequential loss or damage incurred by you in connection with the Services including any liability for loss of income or revenue; loss of profits or contracts; loss of anticipated savings; and, for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10. Indemnity

You agree to indemnify and hold RetireEasy and each of its directors, agents and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with Your Information (including personal data and information), any third party Information you post or share on or through the public side of the Website, your use of the Service and the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any breach of this agreement.

11. Links

a. You may link to the Website's homepage, provided you do so in a way that is fair and legal and does not damage RetireEasy's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on RetireEasy's part where none exists. You must not establish a link from any Website that is not owned by you.

b. The Website must not be framed on any other Website, nor may you create a link to any part of the Website other than the homepage. RetireEasy reserves the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with the Information standards set out in these Terms.

c. If you wish to make any use of material on the Website other than that set out above, please address your request to support@retireeasy.co.uk.

d. Where the Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. RetireEasy has no control over the content of those Websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

12. General

a. This agreement constitutes the entire agreement between you and RetireEasy regarding the use of the Service, superseding any prior agreements between you and RetireEasy relating to the Service.

b. The failure of RetireEasy to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance.

c. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

d. No variation to this agreement will be binding upon RetireEasy unless it is made in writing and signed by a director of RetireEasy.

e. For the purposes of the Contracts (Rights of Third Parties) Act 1999, and notwithstanding any other provision of this agreement, this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

f. All notices which are required to be given under this agreement must be in writing and sent to an address set out in this agreement, or such other address in the UK as the recipient may designate by notice given in accordance with the provisions of this Condition 13(f). Any such notice may be delivered personally or by first class pre-paid letter, e-mail or facsimile transmission and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; and if by facsimile transmission or e-mail, when dispatched. In addition, RetireEasy may give notices to you through your Account on the Website, and any such notice shall be deemed to have been served upon it being placed via your Account.

13. Governing Law and Jurisdiction

The Website is controlled and operated in the United Kingdom. These Terms and all matters connected with any order you place on the Website are governed by English law. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to all matters connected with or arising out of the Website or any order you place on the Website. Customers who access the Website from outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with their own local laws, to the extent that any local laws are applicable. Nothing in these Terms in any way is an attempt to restrict or affect your statutory rights under English law.

 

Date Published: 20th September 2021 (Version 4)

© RetireEasy Limited