The following terms and conditions apply to all visitors to or users of this website past, present and future.  By accessing this website the user / visitor acknowledges acceptance of these terms and conditions.  If these terms and conditions are not accepted in full, you do not have permission to access the contents of this web site and therefore should stop using this web site immediately.

Xafinity Pensions Consulting Limited (and its associated companies) has designed this website on behalf of the Trustees of the Hitachi UK Pension Scheme to assist with the administration of the Hitachi UK Pension Scheme. Xafinity Pensions Consulting Limited reserves the right to change these terms and conditions from time to time at its sole discretion.  In the case of any violation of these rules and regulations, Xafinity Pensions Consulting Limited reserves the right to seek all remedies available by law and in equity for such violations.

Use of the Website
The web site must not be used:

• in a way that is unlawful or fraudulent; or
• to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; or
• to send, or to promote the sending, of any unsolicited advertising or promotional material; or
• in a way which infringes any third party's Intellectual Property Rights; or
• in a way that does not comply with any written or electronic instructions sent by us to you or posted on the web site by us from time to time.

Visitors/users shall be responsible for any losses, expenses or other costs incurred by Xafinity Pensions Consulting Limited that are caused by breach of the above bullet points.  We shall notify you of any such claims or proceedings and inform you regularly as to the progress of such claims or proceedings.

User names and Password
All users / visitors must ensure that user names and passwords used in connection with the web site are kept confidential and are only used by authorised users.  You must inform us immediately if you know or suspect that your user name(s) or password(s) has been disclosed to an unauthorised user or is being used in an unauthorised way.  You must not change or attempt to change a user name without our consent.

Xafinity Pensions Consulting Limited may:

• suspend your user name(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and
• ask you to change any password(s).

You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.

You accept and acknowledge that the web site, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Internet Access Services.

Copyright and Intellectual Property
Visitors or users of this website acknowledge and agree that the property and copyright in all the material on the website (which for the purposes of these terms and conditions shall mean the Hitachi website and such associated websites as may exist from time to time) belongs at all times to the Trustees of the Hitachi UK Pension Scheme.  For the avoidance of doubt the property and copyright in the structure of the website itself shall vest in Xafinity Pensions Consulting Limited and its associated companies.

Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use.  You may print any page or download it to a local hard disk for your personal use only.  Any other use requires the prior written consent of Xafinity Pensions Consulting Limited as agent for the Trustees of the Hitachi UK Pension Scheme.

These terms and conditions shall neither prejudice nor limit the rights of the Trustees of the Hitachi UK Pension Scheme, Xafinity Pensions Consulting Limited or any of its associated companies in respect of any intellectual property rights in the website.

Where you publish and distribute information to third parties, you may quote from this website provided that you give proper accreditation to Xafinity Pensions Consulting Limited and/or the Trustees of the Hitachi UK Pension Scheme as appropriate.  You are not permitted to incorporate any part of this website in any commercial document or in any material sold or otherwise distributed for profit without the prior written consent of Xafinity Pensions Consulting Limited .

Xafinity Pensions Consulting Limited may invite you to submit a contribution to this website (including without limitation any text, graphics, video or audio) in which case you agree to grant to Xafinity Pensions Consulting Limited a non-exclusive, transferable, irrevocable right and licence in perpetuity to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and / or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Xafinity Pensions Consulting Limited's Privacy Policy.

Xafinity Pensions Consulting Limited cannot guarantee the accuracy of any contributions submitted to this site and trademarks, registered trademarks and copyright remain the responsibility and property of the respective holders.

You shall indemnify Xafinity Pensions Consulting Limited against any claim that the normal use or possession of your contribution to this website infringes the Intellectual Property Rights of any third party.  Xafinity Pensions Consulting Limited will notify you promptly in writing of any claim, you will then take immediate and complete control of such claim, Xafinity Pensions Consulting Limited will not prejudice your defence of such claim and will give you all reasonable assistance with such claim at your cost.  Xafinity Pensions Consulting Limited shall have the right to replace or change all or any part of your contribution to this website in order to avoid any infringement.  The foregoing states the entire liability of Xafinity Pensions Consulting Limited to you in respect of the infringement of the Intellectual Property Rights of any third party.

Access to and use of password protected and/or secure areas of the web site is restricted to authorised users only.  Unauthorised individuals attempting to access these areas of the web site may be subject to prosecution.

Software downloads are governed by (i) the licence terms accompanying the file or (ii) if no licence terms accompany the file, the terms of the licence agreement which accompanied the original product licensed by you which you are updating.

Representation and Warranty
Xafinity Pensions Consulting Limited makes no representation or warrant that the functions contained in the material contained in this website will be uninterrupted or error free, or that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.

Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.  Any disputes arising between Xafinity Pensions Consulting Limited and users or visitors to the website shall be exclusively subject to the jurisdiction of the courts of England and Wales.

Regulation
Xafinity Consulting is a trading name of Xafinity Pensions Consulting Limited .  Xafinity Pensions Consulting Limited is an appointed representative of Xafinity Solutions Limited.   Xafinity Solutions Limited is authorised and regulated by the Financial Services Authority.

Cancellation, Suspension and Termination of the Web Site
Xafinity Pensions Consulting Limited may terminate access to the web site immediately, without notice, if a user/visitor commits a material breach of these Terms and Conditions and, where such a breach is capable of remedy, the user/visitor fail to remedy the breach within 14 days of a written notice to do so.

Xafinity Pensions Consulting Limited may at its sole discretion immediately suspend or terminate access to the web site or suspend the provision of the web site in the event that:

• we are directed by any competent authority to cease the provision of the web site or any part of it; or
• you use the web site in breach of this agreement; or
• your use of the web site materially disrupts the provision of our services to other customers.

Force Majeure
Neither party will be liable to the other for any failure to deliver the web site or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.  If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

General Provisions
This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms and Conditions will not be affected.

If either party delays in acting upon a breach of these Terms and Conditions that delay will not be regarded as a waiver of that breach.  If either party waives a breach of these Terms and Conditions that waiver is limited to that particular breach.

Data Protection
The Data Protection Act 1998 (“the Act”) came into force on 1 March 2000 to regulate the holding and processing of personal data. Personal Data (as defined by the Act) is information relating to a living individual, which is held on computer or in paper format. It can be Personal Data which is the individual's name, address, date of birth etc or Sensitive Data which is data relating to:

• Race or ethnicity
• Political opinions
• Religious opinions
• Trade Union membership
• Physical or mental health
• Sexual life
• Criminal offences

The Act gives rights to the Data Subjects (the individuals about whom the data is held) and places obligations on the legal person (in this instance Xafinity Pensions Consulting Limited) who controls the manner and purpose of the processing (“the Data Controller”).  Data Controllers need to tell the Information Commissioner about the details of their processing.Xafinity Pensions Consulting Limited has complied with this requirement and is committed to keeping and processing Data Subjects' Personal Data safely and securely.  Xafinity Pensions Consulting Limited's Data Protection Registration is Z7393307.

Data Controllers have primary liability for complying with the 8 principles of data processing.

The 8 Data processing principles are that data must be processed:

1. Fairly and lawfully
2. Processed for limited purposes
3. Adequately, relevant and not excessively
4. Accurately
5. Not kept longer than necessary
6. in accordance with data subjects rights
7. Securely
8. Not transferred to countries outside the EEA

You can find a full explanation of what constitutes Personal Data, its processing and the data processing principles at www.dataprotection.gov.uk.

Statement of intent
From time to time, you may be asked to submit personal information about yourself (eg name, e-mail address etc) in order to receive or use services on our web site.  By entering your details in the form fields requested, Xafinity Pensions Consulting Limited will be able to provide you with the services you choose and provide you with the information you wish to receive.  Whenever you provide such personal information, Xafinity Pensions Consulting Limited will treat that information in accordance with the Act and will not in any event share or disclose your data with any other third party without first obtaining your consent.

Xafinity Pensions Consulting Limited acts in accordance with current UK legislation and aims to meet current Internet best practice.

Disclosing Personal Information
When you supply any personal information to Xafinity Pensions Consulting Limited we are subject to legal obligations towards you in the way we handle that data.  We have to collect the information fairly, and to let you know how we will use it and whether we will pass the information on to anyone else.  We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met.  We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.

Users under 18 years
Should you be under 18 years, please make sure that you obtain a parent/guardian's permission before you provide personal information to Xafinity Pensions Consulting Limited.  Users without this consent are not allowed to provide us with personal information.

Access to your Personal Information
You have the right to access and correct your personal information and privacy preferences.  You may do this by writing to the Data Protection Officer, Xafinity Limited at Sutherland House, Russell Way, Crawley RH10 1UH.

Please include your name, address, and/or e-mail address when you contact us.

Please note that Xafinity Limited reserves the right to charge a fee for answering Data Subject requests.

Disclaimer
The information and services provided on this Xafinity Pensions Consulting Limited website ("Website") do not constitute financial, investment, legal or tax advice.  The website is intended to provide general information only and does not attempt to give you advice that relates to your specific circumstances or a recommendation to buy.  It is strongly advised that you discuss your specific requirements with an independent financial adviser or appropriate professional prior to entering into any agreement or course of action.

The website provides information and may supply comparison tools and rates or illustrations to help you.  However there may be other products and services not included or the same services and products at different rates elsewhere and therefore the website must not be taken as a complete or exhaustive supply.

Any reference to third party products or services is for information purposes only and shall constitute neither an endorsement nor a recommendation of such third party products or services.  Xafinity Pensions Consulting Limited accepts no responsibility for any websites, goods, services offered or made available on the internet provided by third parties.

Whilst every effort is taken to ensure accuracy and up to date information on the website, neither Xafinity Pensions Consulting Limited, nor any of its associated companies or agents make any representation or warranty, whether express or implied as to the accuracy or completeness of the information and neither Xafinity Pensions Consulting Limited nor any of its associated companies or agents will have any liability to any person resulting from any use of the information contained herein.  You acknowledge and agree that neither Xafinity Pensions Consulting Limited, nor any of its associated companies or agents have any control over the accuracy or completeness of third party data and all liability in respect of the same is expressly excluded to the maximum extent permitted by law.

This Website is designed for use in the United Kingdom (UK) and for UK residents only.  Use of the Website in countries where its use is restricted or prohibited by local laws, regulations, codes or customs is not advised.  Non UK residents should refer to a source of financial information within their own country.

Neither Xafinity Pensions Consulting Limited nor the Trustees are responsible for the content or accuracy of any information provided by any external website which you may gain access to through this website.