Terms & Conditions
These Terms and Conditions apply to the following:
1. The use of the world wide web pages of Origo Services Limited (co. reg. no. 115061) ("Origo" or "we") at www.origoservices.com ("this website");
2. The use of the following online services of Origo available from this website: Origo Standards, Origo Common Declarations (as defined below), all blogs, and Meeting Groups (such services each being "Online Services"); and
3. The use by Origo and its subsidiaries and other third parties of the data collected via this website.
Any use of any part of this website shall constitute your agreement to abide by these Terms and Conditions. You should carefully read these Terms and Conditions. If you do not agree to all or any of these Terms and Conditions, please leave this website immediately and refrain from using any of the online services available from this website.
For the avoidance of doubt separate terms and conditions apply to all other services of Origo and its subsidiaries (including without limitation Unipass, Unipass Securemail, Data Matching, Adviserwise, Options Transfers and Agency Services). If there is any conflict between these Terms and Conditions and these services, then the applicable terms and conditions of these services shall apply.
Any reference in these Terms and Conditions to "Paragraph" shall refer to a paragraph of these Terms and Conditions.
1. Intellectual Property Rights: The copyright, database rights and all other intellectual property rights in information and material (including, without limitation, the Origo Standards and the Origo Common Declarations) on this website are owned by or licensed to Origo and protected by the copyright laws of the United Kingdom, international copyright treaties and all other applicable copyright and intellectual property laws. You may not copy or republish any such material or information in any manner without the prior written consent of Origo or its licensor. You may not remove any product identification, copyright notices or legends or other notices or proprietary restrictions from any of the information or material contained on this website. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of this website may be in breach of statutory or common law rights which could be the subject of legal action. All rights not expressly granted herein are expressly reserved by Origo and its licensors.
2. Trade Marks: 'ORIGO' and the fan logo are United Kingdom registered trade marks of Origo. In addition, 'ORIGO SERVICES', 'ADVISERWISE', 'OPTIONS TRANSFERS', 'DATA MATCHING', 'AGENCY SERVICES', 'UNIPASS', 'UNIPASS SECUREMAIL' and certain other names, words, titles, phrases, logos, icons, graphics or designs used on the pages of this website constitute trade names or unregistered trade marks of Origo or its subsidiaries. The display of any of the above trade names or trade marks on pages at this website does not imply that any licence has been granted to any third party in respect of the same. All other product or company names, devices, logos, icons, graphics or designs referred to on the pages of this website are the trade marks of the respective owners and are exhibited only in such a manner as intended to be for the benefit of such trade mark owners and Origo intends no infringement of such trade marks. The appearance or absence of products, services, companies, organisations, home pages or other websites on this website does not imply any endorsement or non-endorsement thereof by Origo. All rights not expressly granted herein are reserved by Origo.
3. Unauthorised Access: Certain web pages on this website require a valid and appropriate digital certificate, password and/or further payment. Any use or attempted use of such web pages without obtaining the required digital certificate, password and/or making the required payment without the prior written permission of Origo is unlawful and could result in civil and/or criminal penalties.
4. Disclaimer: The information, materials, functions and Online Services contained in this website, including text, graphics, links or other items, are provided on an "as is" basis without any warranty or representation (express or implied). To the fullest extent permitted by applicable law, Origo disclaims all warranties, representations, understandings whatsoever, express or implied, specifically including but not limited to warranties of accuracy, completeness, satisfactory quality, merchantability, fitness for a particular purpose, freedom from computer viruses and non-infringement of third parties' rights. Furthermore, Origo does not warrant or represent that the Origo Standards, Origo Common Declarations or other Online Services will be error free nor that any such errors will be corrected. You are solely responsible for all costs and expenses associated with the rectification, repair, loss or damage caused by such errors. Access to this website is permitted on a temporary basis, and Origo reserves the right to withdraw or amend the services we provide on this website without notice. Origo will not be liable if for any reason this website is unavailable at any time or for any period.
5. Origo Standards Licence:
5.1 In consideration of, and subject to, the prompt payment by You of the applicable annual subscription fee, you shall have the right to download and Use (which shall mean access, copy, display, distribute and use; all or part being "Use") the Origo Standards subject to the following terms and conditions in this Paragraph 5 and any other applicable Terms and Conditions (including without limitation Paragraphs 7 and 10).
5.2 You may only download the Origo Standards (or any part of them) within the United Kingdom if you and/or your sub-licensee:-
5.2.1 are a Financial Services Product Provider, an IFA (Independent Financial Adviser), a Services Provider/Portal and/or software developer and you (and/or you sub licensee) intend to Use the Origo Standards (or any part of them) for the purposes of providing (or enabling others to provide) financial services and products to consumers in the United Kingdom within the financial services and insurance e-commerce environment; or
5.2.2 obtain the prior written consent of Origo (subject to such provisions as Origo may deem appropriate).
5.3 You shall not have the right to grant any sub-licence to Use the Origo Standards (or any part of them) (other than to your 'holding company' or to any 'subsidiary' of yours (as such terms are defined in the Companies Act 2006 as amended from time to time) but without the right to sub-licence further) except with the prior written consent of Origo.
5.4 You shall not have the right to amend, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative or competing works based on the Origo Standards, save:
5.4.1 as may be expressly permitted by applicable statute; or
5.4.2 with the prior written consent of Origo (subject to such provisions as Origo may deem appropriate).
5.5. Origo may from time to time modify, upgrade, or create new versions of, the Origo Standards and although Origo has no obligation to notify you of such upgrades or new versions these will be made available at this website for the Origo Standards (see www.origoservices.com/standards). Unless otherwise specified or agreed, these Terms and Conditions shall apply mutatis mutandis to such upgrades or new versions of this website.
5.6 The licence granted pursuant to Paragraph 5 is effective until terminated. The licence will terminate automatically without notice if you fail to comply with any of its provisions or if you fail to pay the applicable annual subscription fee in full when requested to do so by Origo. Origo may terminate the licence at any time and without cause, but will in such circumstances refund a pro rata amount of the remainder of the annual subscription fee (based on complete remaining calendar months). Upon termination for any reason, you shall immediately destroy the Origo Standards, any accompanying documentation and all copies. You may terminate the licence at any time by destroying the Origo Standards, any accompanying documentation and all copies.
5.7 Termination of the licence for whatever reason shall not affect the accrued rights and obligations of the parties arising out of these Terms and Conditions as at the date of termination and, in particular but without limitation, the right of Origo to recover damages from you.
5.8 You acknowledge and agree that Origo shall at all times remain the owner of the Origo Standards and the Origo Common Declarations (including, without limitation in each case, the intellectual property rights comprised therein) and shall, as owner, be entitled to use such intellectual property rights as it sees fit.
6. Origo Common Declarations Licence:
6.1 In consideration of, and subject to, you agreeing to be bound by all of these Terms and Conditions, you shall have the right to download and use the Origo Common Declaration subject to the following terms and conditions in this Paragraph 6 and any other applicable Terms and Conditions (including without limitation Paragraphs 7 and 10).
6.2 You and your Associated Companies (as defined below) shall have the limited non-transferrable right, without the right to grant sub-licences, to use the Origo Common Declarations (i) only on a verbatim basis with no changes being made to the wording of these Origo Common Declarations, other than where the Origo Common Declarations provide explicit support for scheme-specific variation, and (ii) only for the Permitted Purpose (as defined below).
6.3 The right of use contained in Paragraph 6.1 and 6.2 (hereinafter the "OCD Licence") shall continue in force until terminated by either Origo or you in accordance with these Terms and Conditions or otherwise in accordance with law.
6.4 You agree to abide by the OCD Licence and the other obligations set out in Paragraph 6 and shall procure that your Associated Companies do the same (where you shall be responsible to Origo on an indemnity basis for such compliance by your Associated Companies as well as by you and also for all losses suffered by Origo as a result of such failure to comply).
6.5. You and Origo shall also each be entitled to terminate the OCD Licence at any time by giving written or email notice to the other. If Origo terminates the OCD Licence then no compensation shall be payable by Origo to you or any of your Associated Companies. Origo shall normally give at least 28 days notice of its termination of the OCD Licence. In the event of termination of the OCD Licence for any reason, then you and your Associated Companies must immediately stop all use of the Origo Common Declarations.
6.6 Origo shall be entitled to make changes to the Origo Common Declarations, where Origo shall normally give at least 28 days notice to you of any such changes. Where such changes have been made by Origo and notified to you, then you must ensure that forthwith following such notification of change that you and your Associated Companies only use the most recently amended version of the Origo Common Declarations.
6.7 Origo offers no warranty (express or implied) or otherwise of the legal effectiveness of the Origo Common Declarations, declaring that it is the sole responsibility (a) of the relevant receiving scheme to determine whether the inclusion of the Origo Common Declarations (or any of them) in their pension transfer or open market option annuity application process is appropriate, and (b) of the relevant ceding scheme to determine whether the inclusion and use of the Origo Common Declarations (or any of them) in such a process is appropriate and effectively accomplishes a discharge for any such transaction. Furthermore all warranties and conditions, whether express or implied by statute, common law or otherwise (including, but not limited to, as to fitness for purpose or satisfactory quality) are hereby excluded to the extent permitted by law.
6.8 For the purposes of this Paragraph 6 (and elsewhere in these Terms and Conditions if the context clearly requires) the following definitions shall apply:
"Associate Companies" means any subsidiary within the group of companies, the parent undertaking of which is you (or any parent undertaking of you from time to time), where for the purposes of this definition, "subsidiary" and "parent undertaking" shall have the same meaning as in section 1159 and section 1162 of the Companies Act 2006.
"Origo Common Declarations" means the common declaration wording and defined data items all of which are the intellectual property of Origo and which are accessible from time to time from this website (as such documentation may be varied, modified or otherwise replaced from time to time by Origo).
"Permitted Purpose" means the use of the Origo Common Declarations by you and your Associated Companies only as part of your respective normal business use for inclusion in your pension transfer or open market option annuity application process in order to gain client consent and discharge for any such transaction, recognising the discretion of the ceding pension scheme involved in such a transaction to seek any further evidence of consent and/or discharge that it may deem necessary.
7 Limitation and exclusion of Liability:
7.1 Subject to Paragraph 7.4, Origo shall not be liable to you or any other party for any liability, loss or damage whatsoever (including any costs and expenses), howsoever caused arising directly or indirectly in connection with or arising pursuant to or resulting from the use of or inability to use, interruption or availability of all or any part of (i) this website, its operation or transmission or otherwise in respect of the use of all or any part of this website, (ii) the Online Services, (iii) the Origo Standards, (iv) the Origo Common Declarations or their downloading and/or Use or otherwise, howsoever (whether or not caused by the negligence of Origo, its employees, agents, subcontractors or representatives), except to the extent that such liability may not be lawfully excluded under the applicable law.
7.2 Without prejudice to Paragraph 7.1, Origo hereby expressly excludes all liability whatsoever for any:
7.2.1 indirect, special, incidental or consequential loss or damage;
7.2.2 direct or indirect loss of profit, turnover, business revenue, contracts, goodwill, reputation, anticipated savings; or
7.2.3 loss of management time or data, work stoppage, increased costs of working, computer failure or malfunction including, without prejudice to the foregoing, any loss or damage arising from or pursuant to any transmission of any computer virus, worm, Trojan Horse or other contaminant which may arise out of, or in connection with, the use of all or any part of this website, the Online Services, the Origo Standards, or the Origo Common Declarations or their downloading and/or Use, howsoever caused, even if such loss was reasonably foreseeable and/or Origo shall have been advised of the possibility of such liability, loss or damage.
7.3 Without prejudice to Paragraphs 7.1 and 7.2, and subject to Paragraph 7.4, the total liability of Origo arising out of or in connection with this website, the Online Services or the downloading and/or Use made, of all or any part of the Origo Standards or otherwise howsoever for any incident or series of incidents (whether or not connected) shall not exceed 125% of the sums paid by you for the download and use of the Origo Standards or the sum of £1 where you do not pay any fee for the download and use of the Origo Standards or the Origo Common Declarations.
7.4 Nothing in these Terms and Conditions shall limit either party's liability to the other for death or personal injury resulting from its own negligence or that of its employees, agents, sub-contractors or representatives or for breach of any obligations implied by Section 12 of the Sale of Goods Act 1979, Section 2 of the Supply of Goods and Services Act 1982 or under Part 1 of the Consumer Protection Act 1987 which liability shall not be limited.
7.5 Each limitation provided in this Paragraph 7 is to be construed as a separate exclusion or limitation applying and surviving even if, for any reason, one or other of the said provisions is held inapplicable or unreasonable in any circumstance.
7.6 You acknowledge that you have considered this Paragraph 7 and agree that the limitations and exclusions herein are reasonable in all the circumstances.
8. Linking: By virtue of hypertext or other computer links you may be able to access other website pages on the internet which are not part of this website. Origo is not responsible for nor assumes any liability for the contents of other websites or home pages which are linked to any part of this website. Origo shall have no liability in respect of material hyperlinked to Origo's web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable laws and regulations as may be from time to time in force. The provision by Origo of a link to another website does not constitute any authorisation by Origo to you to access materials held at that location, nor is it evidence of any endorsement by Origo of the material held there. You are not permitted to frame, page-jack or link to any other page of this website. You are not permitted to use any robot, spider, other automatic device or manual process to monitor or copy this website or the content expressed herein.
9. Website Operation: Origo operates this website from the United Kingdom and makes no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom.
10. Use of Data and Data Protection: You hereby consent to the following uses of data: All data collected from this website (from any login process or otherwise) may be used by Origo and may be passed on to third party organisations (including without limitation Origo's subsidiaries and service providers): (i) in order to properly process your login application or application to use any Online Services (including but not limited to the authentication of your application); (ii) to administer your ongoing Origo Services needs (which may include without limitation processing for the management, administration or promotion of Online Services or any new online services of Origo or its subsidiaries from time to time, authenticating, maintaining and revoking passwords, and processing any change of details or other information which you provide to Origo, its subsidiaries or its service providers); or (iii) for marketing purposes. Please note that we use a number of service providers in relation to the provision of this website and the Online Services and such service providers may collect and process certain information on behalf of Origo. The information provided by you may also be passed to any organisation participating in the Online Services. Given the nature of the services of Origo (including those listed above) and the use of the Internet (including but not limited to email and use of this website) in delivering the services of Origo, data will inevitably be transmitted on a global basis (including the transfer of that data to countries outside of the European Economic Area). Furthermore many organisations, including certain members of the Origo community, are now outsourcing the provision of goods and/or services to organisations based outside of the European Economic Area, resulting in global data transfers being commonplace and you hereby consent to your data being transferred outside of the European Economic Area.
The information provided by you will be retained only for as long as necessary for all of these purposes.
Under the Data Protection laws in the United Kingdom, you are entitled to receive a copy of information about you which is held by or on behalf of Origo upon payment of the appropriate fee. You are also entitled to require the correction of any such information that is inaccurate or not up-to-date. If you wish to exercise any of these statutory rights, please write to Origo, at the address below, stating your name and address and providing any relevant information.
11. Login Details & Passwords etc: If you choose, or you are provided with, a user identification code, password, digital certificate or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Origo has the right to disable or restrict access to any user identification code, password or digital certificate, whether chosen by you or allocated by or on behalf of Origo, at any time, if in Origo's opinion you have failed to comply with any of the provisions of these Terms and Conditions.
12. Blogs / interactive services: Origo reserves the right at its sole discretion (using human moderation) not to post any blogs which have been submitted to Origo for posting on this website. However, Origo are under no obligation to oversee, monitor or moderate any blogs or other interactive services which Origo provides on this website, and Origo expressly excludes all liability for any loss or damage arising from the use of any blogs or other interactive service by a user in contravention of Origo's content standards, whether the service is moderated or not. Where Origo does moderate an interactive service, then should a concern or difficulty arise in relation to such service then please contact Origo at firstname.lastname@example.org.
13. Cookies: Some websites use "cookies" which are text only strings of information that the website you are visiting transfers to the cookie file of the browser on your computer. Their purpose is to identify users and to enhance the user's experience by customising web pages. A cookie will usually contain the name of the domain from which the cookie has come, an expiry date for the cookie, and a value, which is usually a random generated unique number. For more information about how to manage and disable cookies visit http://www.allaboutcookies.org/ . The following types of cookies are used on this website:
> ASP.NET_SessionId (Essential Site Cookie). This cookie is used to provide essential facilities on our site such as MyGTCS. This cookie is deleted when you close your web browser.
> _utma, _utmb, _utmc,_utmz (Google Analytics cookies). These cookies are used to collect anonymous information about how visitors use our site, including information about the number of visitors to the site, where they've come from and the pages they've visited.
We use this information to make improvements to the site and make your web browsing experience more enjoyable.
14. Amendments: Origo reserves the right at any time and without notice to change, amend or otherwise vary these Terms and Conditions and the web pages of this website. It is your responsibility to check these Terms and Conditions each time you visit this website.
15. Contacting Us: Our contact details are:
Origo Services Limited
Moyen House Heriot-Watt Research Park
V.A.T. Reg. No. 593 0614 38
Phone:- +44 (0) 131 451 5181
Fax:- +44 (0) 131 451 5186.
16. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you are accessing this website.
If you have any questions concerning these Terms and Conditions please write to Origo at the address set out above.
All rights not expressly granted in these Terms and Conditions are expressly reserved by Origo.