B&CE Online Account Terms of Use

These Terms of Use apply to the B&CE Online account website. Any use of this website and associated services and information is subject at all times to these Terms of Use. Please read these Terms of Use carefully before you start to use this Site. By using this Site, you agree and undertake that you are authorised to use these Services and accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site. No advice in relation to B&CE products can be obtained through these Services.

  1. Definitions
    1. 'B&CE', 'we', 'us' or 'our' means B&CE Benefit Schemes, the trading name used for the B&CE Group of Companies (listed below), all of which have their registered offices at Manor Royal, Crawley, West Sussex RH10 9QP. B&CE B&CE Holdings Limited registered in England No. 377361. B & C E Insurance Limited (B&CEIL) registered in England No.3093365. B & C E Financial Services Limited (B&CEFSL) registered in England No. 2207140. Building and Civil Engineering Benefits Scheme Trustee Limited (B&CEBSTL) registered in England No. 1201576. The People’s Pension Trustee Limited (TPPTL) registered in England No. 8089267.
    2. 'B&CE Online account' means the online services of the B&CE Benefit Schemes.
    3. 'Information' and/or 'Content' means all data, databases and any information whatsoever accessed or obtained through this Site and the Services.
    4. 'Online Account' means the individual account created for you, to help you manage your products online through the 'B&CE Online account' website.
    5. 'Password' means the secret phrase chosen by you to enable you to access the Services.
    6. 'Security Credentials' means the Password and/or Security Word.
    7. 'Security Word' means a memorable word or access code chosen by you.
    8. 'Services' means the provision of tools and information to help you manage your products online through the Site we make available to you to use the Services.
    9. 'Site' means this website and any associated websites owned and operated by B&CE.
    10. 'User Content' means data, information and content provided.
  2. Provision of the Services
    1. The Services must be used in accordance with these Terms of Use and any other instruction and direction for use supplied by us via the Services or otherwise.
    2. The Services are only available to members of the B&CE EasyBuild Stakeholder Pension Scheme and The People's Pension Scheme.
    3. As a condition of your use of the Services, you are responsible for ensuring that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.
    4. To comply with the Financial Conduct Authority (FCA) regulations we have a legal responsibility to confirm the true identity of customers by undertaking a number of identity checks. You may be required to provide further evidence of your identity and confirmation of address, in which case we will contact you.
    5. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Site.
    6. B&CE reserves the right to refuse any registration for the Services without disclosing any reason.
    7. B&CE does not provide financial advice. You should not treat any of the information provided or the use or the result of using any of the tools on the Site as a recommendation as to the suitability, governance, performance or likely performance, regulated status or other features of any of our products on which information is obtainable via the Services. If you require financial advice you should contact your own financial advisor.
  3. Account Set Up
    1. If, after reading these Terms of Use, you decide to use the Services, you must activate an Online Account with us.
    2. You can set up your Online Account when you access the Site, you will be prompted to enter in your personal details as well as your, date of birth, National Insurance Number, Customer Number and your e-mail address. If the date of birth and/or National Insurance Number input is/are different to the information we currently hold, we will e-mail you.
      • You must provide complete and accurate information. You may not impersonate someone else or provide an e-mail address other than your own
      • Your e-mail address must be unique and one that has not been chosen by another user of the Services.
    3. Once your personal details have been validated you will be sent an e-mail which will prompt you to finalise the setup of your account. You will be asked to create a Password. The Password must be at least six characters long, containing a mixture of upper and lower case characters, numbers and special (punctuation) characters. The Password is case sensitive.
    4. You will also be asked to provide a Security Word such as a memorable word. The Security Word is not case sensitive. As a security device, on subsequent logins, you will be asked to select specific characters of the Security Word from a dropdown list.
    5. You will be asked to complete the setup of your Online Account by confirming your acceptance of the B&CE Online account Terms of Use.
    6. If you do not complete the setup of your Online Account within one calendar month of the e-mail being sent to you, the set up will expire and you will need to start again.
  4. Security Precautions and Operating Rules
    1. You are wholly responsible for the set up of your Online Account and for use of the Security Credentials and B&CE accepts no responsibility or liability for any misuse of an Online Account where an account has been improperly accessed. You must not disclose your Security Credentials to anyone.
    2. B&CE recommend that you do not store any Security Credentials on your computer or ask your computer to remember them automatically. Also, that you explicitly logout when you have finished using the Services. If you do not do this, an unauthorised person may gain access to your B&CE Online Account. We cannot be held responsible for the consequences of unauthorised access to your Online Account
    3. B&CE will never ask you to disclose any of your Security Credentials to us. If you receive such a request, you must not disclose any of your Security Credentials and you should report this to us immediately.
    4. If you forget your User Name, Password or Security Word, you can reset this by saving a new unique User Name, Password or Security Word.
    5. If you believe that someone else knows the Password and/or Security Word, you must notify us immediately. The Password and/or Security Word must be changed, which you can do through the Site. B&CE will not be responsible for any unauthorised person having access to the Information or for any loss suffered by you due to unauthorised use of your Online Account.
    6. B&CE does not accept responsibility for any unauthorised use of the Security Credentials resulting from negligence on the part of you.
    7. You must not access or attempt to access any information other than the information relating to your Online Account. It is an offence under section 55 of the Data Protection Act 1998 to access any information by means of the Services other than information relating to your Online Account. If we have reason to believe that an attempt has been made to access any information through the Services in breach of Section 55, we may revoke your access in terms of Clause 6.5. below. We may also report our suspicions to the Information Commissioner’s Office (the supervisory authority which enforces and oversees the Data Protection Act 1998) and/or the police.
  5. Restrictions on use
    1. You are responsible for all conduct and any User Content that you submit or enter on the Site and are also responsible for all acts or omissions that occur under your Online Account. You agree, amongst other things, NOT to:
      • use the Services for the submission or transmission of illegal, offensive material or malicious content, or to breach applicable laws or regulations;
      • obtain or attempt to obtain access to any programs or data to interfere with, reverse-engineer, decompile, translate, disassemble or separate the components of our software or online services;
      • wrongfully use others' personal data which may be accessed from the Site;
      • transmit, e-mail or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
      • use any robot, spider, or other automated site search/retrieval application, device, process or means, to access, retrieve, scrape, or index the Site or any Site Content;
      • attempt to gain unauthorised access to the Site, Online Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
      • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
    2. B&CE reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorised access to or use of the Site, including, but not limited to, technological barriers, Intellectual Property mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorised use.
  6. Availability of the Services
    1. Although we will use our best efforts to give you advance notice of changes to the Services, B&CE reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Information and the way in which the Services are provided, at any time, at our sole discretion and without prior notice.
    2. B&CE cannot guarantee that the Site will always be available and fully functional and it is your responsibility to ensure that any Content which is required to be submitted to the Site within specific deadlines is uploaded within sufficient time, to allow for problems accessing or using the internet or this Site which may occur from time to time.
    3. B&CE shall try to keep the Site available for you to access the Services from 7 am to midnight (UK time) 7 days a week. However we do not make any warranty or representation that the Services can be accessed throughout these times. Access to the Services is dependant upon 3rd party interconnection and web connectivity and we have no liability or responsibility nor do we warrant that your equipment is compatible or able to access our site and fully utilise the Services. The Services may be temporarily unavailable or restricted for administrative or other reasons.
    4. If we are prevented from providing the Services, we will do our best to solve the problem as quickly as we can. If you need help using the Services, our contact details can be found on the B&CE website (www.bandce.co.uk).
    5. We reserve the right to disable any Online Account and/or Password, at any time, if in our opinion a user has failed to comply with any of the provisions of these Terms of Use.
  7. Instructions
    1. When you key in the Security Credentials, you are authorising us to carry out all your instructions on your behalf and you agree that we can (without getting further confirmation from you):
      • act on any instructions you give us on the Site; and
      • release confidential information we hold about you and your products for the purpose of acting on your instructions.
    2. You accept responsibility and liability for the completeness and accuracy of any instructions and information sent to us through the Services and we will not be liable for the consequences of any incomplete or incorrect instructions or data sent by you.
    3. We will treat such instructions as genuine and will carry them out even if given in error, unless we have received prior notification from you of unauthorised use of your Security Credentials.
    4. We will endeavour to carry out your instructions correctly, but it is your responsibility to check that we have carried out your instructions correctly. If the transaction has not been carried out correctly or an error has occurred, you should notify us as soon as possible.
    5. If the Services become unavailable before you have completed your instructions in relation to your transaction, you may not receive final confirmation of your transaction
    6. It is your responsibility to notify us in the event that you do not receive confirmation of acceptance of any instructions and to check that we have received your instructions.
    7. There will be some instances where we will require or accept written instructions from you. Where written instructions are required, we will inform you.
  8. Downloading of Software
    1. Any software is downloaded at your own risk. We do not warrant the suitability or compatibility of any such software that is downloaded as a part of the Services and we do not accept any liability for any problems with your computer that may arise as a result. If you are in any doubt as to the suitability of software to be downloaded for your computer, it is recommended that you obtain specialist advice before downloading.
  9. Uploading Information to our Site
    1. Whenever you upload User Information or User Content to the Site, you warrant that any such data will be true and accurate to the best of your belief and complies with these Terms of Use and you indemnify us for any breach of that warranty.
    2. B&CE is not responsible or liable to any third party, for the User Content or accuracy of any materials posted by you or any other user of the Site and you agree to indemnify B&CE for any loss, cost damage expense or claim suffered or incurred by it as a result of the User Content you submit or upload to the Site.
    3. You represent and warrant that you have the right to upload the Information onto our Site and that your actions do not infringe the rights of any other person.
  10. Changes to these Terms of Use
    1. B&CE reserves the right to change these Terms of Use without prior notice. Your continued use of the Services will be deemed to be your acceptance of these revised terms.
    2. B&CE reserves the right to change the access requirements without prior notice where this change reflects best recommended practice.
  11. E-mail
    1. If you send us an e-mail via the 'B&CE Online account' website it will be sent through an encrypted link, which changes the information sent into code. This means any personal information stays secure while it is being sent to us. If an e-mail is not encrypted then it is not secure. Therefore, if you e-mail an enquiry to us from your mailbox, please do not include any private information such as your date of birth, national insurance number or bank account details.
    2. Please note that there is no guarantee that any e-mail sent will be received, or that the contents of any such e-mail will remain private or unaltered during internet transmission. We do not accept any liability for any damages you or others may suffer as a result of the alteration or loss of confidentiality of any such information sent via e-mail.
    3. B&CE reserves the right to monitor the use and content of e-mails which are sent from and received by us for the purposes of ensuring compliance with our own e-mail policy, and identifying and taking action against unlawful or improper use of our systems.
  12. Use of Personal Data
    1. Information provided to us will be used by us to validate your Online Account set up, verify your identity and set up security procedures to enable you to access the Information and use the Services. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate and fit for use.
    2. We may make use of 'cookies' on the Site. Cookies are small pieces of information sent by the Site to the browser on your computer's hard drive so that the Site can remember who you are. Cookies are used to allow temporary storage of information during a visitor’s time on the Site or to allow us to differentiate between visitors. Cookies do not, by themselves, collect personal data about a visitor, but are defined by a combination of the computer, the user account and the browser. For more information on the use of cookies on the Site, and how to delete or control cookies, please refer to our Privacy Policy which is provided in the link found on every page of the Site.
    3. B&CE and you will observe the relevant provisions of the Data Protection Act 1998 (as amended) and the Isle of Man Data Protection Act 2002 (as amended) with regard to the protection of data against unlawful or unauthorised use or disclosure, accidental loss, destruction or damage.
    4. B&CE may appoint a third party to process personal information on our behalf. Where this is necessary, we will put in place safeguards such as contract terms to protect confidentiality. We will not disclose personal information to any parties without prior consent, except where we are required to do so by law.
    5. You can find a list of our purposes for which we hold personal information and a description of the general categories of parties to whom we may disclose it in the Data Protection Register. Please also see the Privacy Policy on our website (www.bandce.co.uk) for further information.
    6. You have the right under the Data Protection Act 1998 to request a copy of the personal data we hold about you. B&CE reserves the right to charge the maximum fee payable as mentioned in the terms of the Data Protection Act 1998.
  13. Termination
    1. B&CE may suspend or terminate your use of the Services at any time for any reason. We will inform you as soon as reasonably possible of such suspension or termination. You may subsequently request access which shall be subject to our approval.
    2. You are free to discontinue your use of the Services with us at any time.
    3. Termination of the Services shall not affect any lawful instructions, requests or transactions already initiated through the Services.
  14. Disclaimers
    1. Whilst we have taken all reasonable care to ensure the reliability, speed, accuracy and completeness of the Information and the Services, errors, omissions and delays may occur due to circumstances outside of our control.
    2. You agree that B&CE shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delays, interruption or failure of the Services due to circumstances beyond our reasonable control (including, but not limited to, the unavailability, inoperation or interruption of the internet or other telecommunication services, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).
    3. B&CE shall not be responsible for maintaining your software, hardware or any equipment whatsoever necessary for you to effectively and reliably transmit and receive communications using the Services. We shall not provide any warranty as to the suitability or otherwise of your equipment.
    4. The Services have been prepared in accordance with B&CE’s current understanding of the Financial Conduct Authority rules, applicable Data Protection legislation, current HM Revenue & Customs legislation and practice. This may be subject to future variation.
    5. B&CE further expressly disclaims:
      • that the Services will meet your requirements and will be uninterrupted, error-free, timely, or secure;
      • that defects or errors will be corrected;
      • that the Services or the server that makes them available are free of viruses or other harmful components, and
      • that the use of the Services or the Information made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
  15. Limitation of Liability & Indemnity
    1. Nothing in these Terms of Use will exclude or limit our liability for any obligations which the law does not permit to be excluded as well as wilful default or fraud.
    2. B&CE shall not be liable (including without limitation) in contract, tort, negligence, statutory duty or otherwise to the maximum extent permissible by law for any Loss arising from (including but not limited to):
      • any damage, defects, viruses or any other malfunctions caused to any equipment or other software in connection with access or use of the Services
      • the content of the Services
      • the Services' unavailability
      • misuse of the Services
      • loss of data stored on the device you are using to access the Services
      • the download or use of any software made available through the Services
      • unauthorised use of the your Online Account and Password
      This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
    3. For the purposes of this section, ‘Loss’ means all losses (including but not limited to loss of: business, revenue, goodwill, profits, management time, opportunity, or anticipated savings), liabilities, costs, payments, claims, actions, damages and expenses (whether direct or indirect).
    4. You agree to hold harmless and indemnify B&CE from and against any claim or demand made by any third party due to or arising out of:
      • User Content that you upload to or your use of the Site;
      • your breach of the Terms of Use; and
      • the infringement by you, or any third party using your account, of any intellectual property, confidentiality or other right of any person or entity.
    5. Nothing contained in these Terms of Use shall be construed as limiting or excluding any rights which any party has under the Financial Services and Markets Act 2000 or the FCA Handbook (or any successor legislation or rules).
    6. If you are dissatisfied with the Site or any part of the Services provided your sole and exclusive remedy is to discontinue using the Services and the Site.
  16. Intellectual Property Rights
    1. B&CE owns the copyright and any other intellectual property rights to all the information and data relating to the provision of these Services including all database rights. If you become aware of or suspect any infringement by any person of rights of B&CE in the Services you agree to promptly notify us and to give us any details you have in relation to such infringement.
    2. Except as expressly provided herein, B&CE does not grant you any express or implied rights in the Site, the Information or the Services or any software which may be supplied or downloaded, and all rights are retained by B&CE.
    3. Except as expressly provided herein, B&CE does not grant you any express or implied rights in the Site, the Information or the Services or any software which may be supplied or downloaded, and all rights are retained by B&CE. B&CE.
  17. Third Party Rights
    1. No other party has any rights under these Terms of Use other than you and B&CE. This agreement cannot be assigned or transferred to anyone else.
  18. General Provisions
    1. A failure or delay by either party to enforce any right under these Terms of Use is not an implied waiver of the same or of any other right in the future.
    2. If for any reason you consider that we have not delivered the high standard of service that you expect from us, then you should contact us as soon as possible to enable us to investigate. If you have a complaint you should contact us by telephone (0300 2000 555), e-mail (info@bandce.co.uk) or in writing. Full contact details can be found on our website (www.bandce.co.uk).
  19. Law and Jurisdiction
    1. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.