Note the privacy notice was updated on 04 February 2019
1.1 The following additional terms will also apply to your use of the DB Online Tool and the Services:
2.1 The Services provided by the DB Online Tool allow you to create accounting disclosures in accordance with FRS 102 only and include the ability to change various assumptions and values to generate a disclosure document ("Report").
2.2 Where we provide links or contact details to third parties and/or their websites, we do so for information purposes only and we provide no representation as to the content of those websites. Such links do not constitute an endorsement, authorisation, or affiliation by us of such websites, and we accept no responsibility for any loss or damage that you may suffer by using those websites. Use of any third party website is entirely at your own risk.
2.3 You may not create a hyperlink to this website without our prior written consent.
2.4 When you access your account, and accept the Terms, you are granted the right to use the DB Online Tool and its Services until the account is terminated by you or by us. We reserve the right to change these Terms at any time by posting a revised version on the DB Online Tool. Any new Terms posted will be effective immediately on posting.
2.5 You may be required to indicate your acceptance to any new Terms before you are able to gain access to your the DB Online Tool account.
2.6 Periodically, updates will be performed on the DB Online Tool and its Services to add new functionalities or fix any technological issues that occur. This may mean that the equipment you use to access the DB Online Tool requires an update that could include your browser or your computer operating system. We are not responsible for providing, updating or replacing any equipment or any related costs to allow you to access the Services. We reserve the right to change the Services even if this causes you to replace or update equipment.
3.1 Whilst we have taken care in the provision of the DB Online Tool, certain technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error free access to the DB Online Tool or the Services at all times. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services.
3.2 We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.1 You agree that you shall keep your user name, password and security question answers confidential. We are entitled to treat any access to information and changes made to data held by us on the DB Online Tool for the administration of your pension benefits using your user name, password or security answers as authorised actions made by you. You must inform us if you believe that your user name, password or security answers are being, have been or may be misused, have been mislaid or have been disclosed to a third party. If notified by you, we may block your username and password for reasons of security or for administration purposes.
5.1 We reserve the right to terminate your online account and/or Services related to your online account in full or in part at any time.
6.1 By accepting these Terms you agree that:
6.1.1 you have read the supplementary information provided to you as part of the Service. In particular, the corporate activity requiring special treatment document.
6.1.2 except for any Report which you generate and save and any materials made available for download reproduction of the DB Online Tool or its Services without our written consent is not permitted and no part of the content of the Services is allowed to be incorporated into, or stored in any other website, electronic retrieval system or other work in any form;
6.1.3 except for any Report which you generate and save, you shall not publish, copy, distribute, modify, transmit, or reproduce in any form (whether in hard copy, electronic or other) or otherwise use the information and materials in the Services for any purposes other than those set out in these Terms;
6.1.4 you shall not translate, reverse engineer, decompile, disassemble, or create derivative works based on the information and materials in the DB Online Tool or the Services, in whole or in part, nor permit anyone else to do so;
6.1.5 you shall not use the DB Online Tool or the Services for any illegal purpose or in any manner inconsistent with these Terms, or applicable by law; interfere with the proper operation of the Services; take any action which is likely to cause the Services provided by the DB Online Tool to be interrupted or degraded or attempt to gain unauthorised access to our computer system or the computer system of any other user;
6.1.6 you shall not use the DB Online Tool for the purposes of promoting unsolicited advertising or sending spam;
6.1.7 you shall not use the DB Online Tool to simulate communications from us or another service entity in order to collect identity information, authentication credentials, or other information ("phishing");
6.1.8 you will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
6.1.9 you are responsible for configuring your information technology, computer programmes and platform to access the DB Online Tool and you are responsible for ensuring you have sufficient virus protection software. We do not guarantee that the DB Online Tool will be secure or free from bugs or viruses;
6.1.10 you must not misuse the DB Online Tool by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the DB Online Tool, the server on which the DB Online Tool is stored or any server, computer or database connected to the DB Online Tool. You must not attack the DB Online Tool via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the DB Online Tool will cease immediately.
7.1 We are the owner or the licensee of all intellectual property rights in the DB Online Tool, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 Save in respect of any Report which you generate and save and any materials made available for download (which you shall be entitled to use freely for any purpose connected with your business) you may only use material and content posted on the DB Online Tool in accordance with the following provisions of this clause 7.2:
7.2.1 you may print off one copy, and may download extracts, of any page(s) from the DB Online Tool for internal use within your business.
7.2.2 you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The DB Online Tool is directed to employers participating in defined benefit pension schemes in the United Kingdom. We do not represent that content available on or through the DB Online Tool is appropriate for use or available in other locations.
9.1 None of the content on the DB Online Tool can be construed to be financial, legal or other professional advice. The content on the DB Online Tool is provided for information only. It is not intended to amount to advice on which you should rely.
9.2 Although we make reasonable efforts to update the information on the DB Online Tool, your use of the DB Online Tool is on an "as is" and "as available" basis and we make no representations, warranties or guarantees, whether expressed or implied in relation to the provision of the DB Online Tool, including without limitation as to the completeness, accuracy and currency of any content or information on the DB Online Tool, or as to satisfactory quality or fitness for particular purposes.
9.3 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
9.3.1 any inaccuracies in the Report which is caused by your failure to adhere to any notification requirements specified in the supplementary information relating to the Services.
9.3.2 any error or inaccuracies in any information or material within or relating to the DB Online Tool;
9.3.3 the unavailability of the DB Online Tool for whatever reason; and
9.3.4 any representation or statement made on the DB Online Tool.
9.4 Under no circumstances shall we be liable to you for any loss or damage suffered whether direct or indirect arising from your use of, or reliance upon, the DB Online Tool including without limitation:
9.4.1 loss of actual or anticipated profits;
9.4.2 loss of business opportunity;
9.4.3 any loss or corruption of data or information;
9.4.4 loss of anticipated savings or wasted expenditure (including management time);
9.4.5 loss of goodwill;
9.4.6 injury to reputation; or
9.4.7 any indirect, special or consequential loss or damage howsoever caused.
9.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
9.6 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.1 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
10.2 These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
10.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.5 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims).