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Merchant Navy Officers Pension Fund

Terms and Conditions

Please read these General Terms carefully before using the Website.

These General Terms apply to the entire contents of our Website www.mnopf.co.uk . Using the Website indicates that you accept these General Terms in full. If you do not accept these General Terms, please do not use the Website.

The Group may revise these General Terms at any time by updating this posting. You should check the Website from time to time to review the then current General Terms, because they are binding on you. Certain provisions of these General Terms may be superseded by expressly designated terms located on particular pages of the Website.

This notice is issued by Ensign Pensions. Ensign Pensions Limited (registered no. 07686103).

Disclaimer

While Ensign Pensions endeavors to ensure that the information on the Website is correct, the Ensign Pensions does not warrant the accuracy and completeness of any material on the Website. Ensign pensions may make changes to the material on the Website, or to the services described in it, at any time without notice. The material on the Website may be out of date, and Ensign pensions makes no commitment to update such material.

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Ensign Pensions provides you with the Website on the basis that Ensign Pensions excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

1   Access to the Website

1.1   You may access areas of the Website without registering your details with us.

2   Registration

2.1   You may register to receive information and updates from us by email. Any information that you provide to us during the registration process will be handled in accordance with our Privacy and Cookies Policy.

2.2   In accordance with the Disclaimer above and clause 7 of these terms and conditions, the Group will not be responsible or liable for any of the content contained in such emails.

3   Intellectual Property Rights

3.1   The copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Ensign Pensions or its licensors. These rights are protected by copyright laws and treaties around the world. All rights are reserved.

3.2   You may print off one copy and download extracts from the Website for your own personal use on the following basis:

     (a)   no documents or related graphics on the Website are modified in any way;
     (b)   no graphics on the Website are used separately from the corresponding text; and
     (c)   Ensign Pensions and MNOPF copyright and trade mark notices and this permission notice appear in all copies.

3.3   For the purposes of these General Terms, any use of extracts from the Website other than in accordance with clause 3.2 for any purpose is prohibited. If you breach any of the terms in these General Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

3.4   Subject to clause 3.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Group´s prior written permission.

4   Availability of the Website

4.1   While Ensign Pensions endeavors to ensure that the Website is normally available 24 hours a day, the Group shall not be liable if for any reason the Website is unavailable at any time or for any period.

4.2   Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Ensign Pensions´ control.

4.3   Ensign Pensions may suspend access to the Website for any user (including without limitation a Registered User) or suspend any email updates at any time without notice and for any reason.

5   Visitor material and conduct

5.1   Other than personally identifiable information, which is covered under our Privacy and Cookies Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Ensign Pensions shall have no obligations with respect to such material. The Group and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2   You are prohibited from posting or transmitting to or from the Website any material:

     (a)    that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3   You may not misuse the Website including, without limitation, by hacking, knowingly introducing computer viruses or any other material which is malicious or technologically harmful.

5.4   Ensign Pensions shall fully co-operate with any law enforcement authorities or court order requesting or directing Ensign Pensions to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.

6   Links to and from other websites

6.1   Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Ensign Pensions has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Group therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2   If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

     (a)   you do not remove, distort or otherwise alter the size or appearance of the MNOPF logo;
     (b)   you do not create a frame or any other browser or border environment around the Website;
     (c)   you do not in any way imply that MNOPF of Ensign Pensions is endorsing any products or services other than its own;
     (d)   you do not misrepresent your relationship with MNOPF or Ensign Pensions nor present any other false information about them;
     (e)   you do not otherwise use any MNOPF trademarks displayed on the Website without express written permission from MNOPF;
     (f)   you do not link from a website that is not owned by you; and
     (g)   your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3   The Group expressly reserves the right to revoke the right granted in clause 6.2 for breach of these General Terms and to take any action it deems appropriate.

6.4   You shall fully indemnify MNOPF for any loss or damage suffered by MNOPF for breach of clause 6.2.

7   Liability

7.1   Ensign Pensions, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Group´s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

7.2   Nothing in this legal notice shall exclude or limit the MNOPF´s liability for:

     (a)   death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
     (b)   fraud; or
     (c)   misrepresentation as to a fundamental matter; or
     (d)   any liability which cannot be excluded or limited under applicable law.

7.3   If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8   Governing law and jurisdiction

The General Terms are governed by and shall be construed in accordance with English law. Disputes arising in connection with these General Terms shall be subject to the exclusive jurisdiction of the English courts.

9   Privacy and Cookies

MNOPF's Privacy and Cookie policy is incorporated in to these General Terms and is available at www.mnopf.co.uk.

Updated: June 2014

Copyright 2014 MNOPF. All rights reserved.