The Terms and Conditions are valid from 10 October 2022.
Who We Are
This app (and any updates and supplements to it) is provided by CMS Cameron McKenna Nabarro Olswang LLP.
CMS Cameron McKenna Nabarro Olswang LLP is an English limited liability partnership. It has its head office address at 78 Cannon Street, London EC4N 6AF; its telephone number is +44 20 7367 3000; and its registration number is OC310335.
Please see the legal Information page for information about CMS Offices that operate in each country, including information as to the identities and contact details of the relevant entities, or in some case a link to where contact details can be found.
Information provided on the app
The information provided on this app is for general purposes only, it does not constitute legal or professional advice and should not be relied on or treated as a substitute for specific advice. For legal advice, please contact your main contact partner at the relevant CMS Office. If you are not a client of a CMS Office, please send an email to communications@cms-cmno.com so that your enquiry can be passed on to the right person(s).
We do not make any representations or give any warranties or undertakings in relation to the quality, accuracy, completeness or fitness for purpose of the content of our app.The app may also include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible for the content or accuracy of any materials provided by any third parties.
You must be 18+
You must be 18 or over to accept these terms and conditions and download the app.
Apple App Store Terms also apply
The ways in which you can use the app may also be controlled by the Apple App Store rules and policies.
Operating System Requirements
This app requires a smartphone device and iOS operating system running iOS 15.4 or higher. Additionally, the app will require access to the internet to initially download information, as well as periodic connection to the internet to download updates. The app will also need access to the device’s local data storage to store the information.
App support and how to tell us about problems
If you want to learn more about the app or have any problems using it please contact us at https://pensionsappterms.cms-cmno.com/contact
Privacy
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
Fees
The app is free to download. There is no recurring fee.
Changes to these terms
We may change these terms and conditions from time to time. When we change these terms and conditions, we will publish the updated terms on this app. Please check these terms and conditions regularly. Subject to applicable law, all changes will take effect as soon as we publish the updated terms and conditions, but where legally required to do so, we may take additional steps to inform you of any material changes to our terms and conditions and may request that you agree to these changes.
Updates to the app
We may automatically update this app from time to time or change the content at any time. Alternatively, we may ask you to update the app. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the app or access all of its features.
We may also suspend, withdraw, discontinue or change all or any part of this app without notice. As such, there may be times when this app is unavailable for use.
If someone else owns the phone or device you are using
If you download or stream the app onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms and conditions, whether or not you own the phone or other device.
We are not responsible for websites you link to
The app may contain links to independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
Ownership of the app
We own or are the licensee of all intellectual property rights in this app, the content published on it and in any content, material or services made available through it, including any text, graphics, logos, button icons, images, audio clips and video clips. These works are protected by copyright laws and treaties around the world and other intellectual property rights. All such rights are reserved.
The CMS name and the CMS logo are also registered trademarks belonging to CMS Legal Services EEIG.
Your permitted Use of the app
You are permitted to download and use the app provided you follow all of the rules described in these terms and conditions. This permission:
- is only for you personally and not for other third-parties;
- starts when you download the app; and
- covers content, materials, or services accessible from, or bought in, the It also covers updates to theappunless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
Restrictions on your use of the app
You are not allowed to:
- copy, reproduce, transmit or distribute any material contained in the app;
- alter or modify the app’s code in any way or insert new code into it, either directly or through the use of anotherappor piece of software;
- disassemble, reverse engineer the app, except to the extent that such actions cannot be prohibited by law;
- deliberately attempt to avoid or manipulate any security features included in theapp; or
- pretend that theappis your own or make it available for others to download or use (including by way of copying the code of theappand creating an independent version).
In addition, you must not use the app or its contents to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights;
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, server or business.
Our responsibility for any loss or damage suffered by you in connection with the use of the app, whether arising in tort (including negligence), breach of statutory duty, breach of contract, misrepresentation or otherwise for any and all events giving rise to liability shall not exceed £3,000,000 (three million pounds) (“the Liability Cap”).
Subject to the Liability Cap, we are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation. We also do not exclude or limit our liability to you for any statutory implied terms.
When we are liable for damage to your property. If defective digital content that we supplied damages a device or digital content belonging to you, we will either repair the damage or, subject to the Liability Cap referred to above, 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.
We are not liable for business losses. The app is for domestic and private use only. If you use the app for any commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the app. The app is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the app. Although we make reasonable efforts to update the information provided by the app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the app. We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app.
Check that the app is suitable for you. The app has not been developed to meet your individual requirements. Please check that the facilities and functions of the app (as described on the Apple App Store and these terms and conditions) meet your requirements.
We are not responsible for events outside our control. If our provision of the app or support for the app are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your agreement with us.
We may end your rights to use the app
We reserve the right, in our sole discretion, to limit or terminate your access to all or part of this app with or without notice.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
You need our consent to transfer your rights to someone else
You may only transfer your rights or obligations under these terms and conditions to another person if we agree in writing.
No rights for third parties
Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms and conditions, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
Other than Apple and its subsidiaries, no one other than us or you has any right to enforce any term of this agreement.
If a court finds part of this agreement illegal, the rest will continue in force
Each of the paragraphs of these terms and conditions 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.
Even if we delay in enforcing this agreement, we can still enforce it later
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this agreement, 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.
Which laws apply to this agreement and where you may bring legal proceedings
The laws of England apply to this agreement and any disputes will be subject to the non-exclusive jurisdiction of the English courts.
However, to the extent that you are acting as a consumer, rather than in the course of business, you will benefit from any mandatory protections given to you by the laws of the country in which you live. Nothing in these terms and conditions, including this provision regarding governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of your local laws.
Last updated: 10 October 2022