Terms and Conditions

Please read these terms and conditions carefully before using our site and/or ordering a publication from our site. If you have any queries on these terms and conditions please contact us at researchpublications@hymans.co.uk before using our site and/or placing any order.

1.	INFORMATION ABOUT US
2.	HOW THESE TERMS APPLY
3.	ACCESSING OUR SITE AND REGISTRATION
4.	SITE CONTENT
5.	ABOUT YOU
6.	PUBLICATIONS
7.	PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.	PRICE AND PAYMENT
9.	CANCELLATIONS AND REFUNDS
10.	TERMINATION OF YOUR ACCOUNT
11.	OUR LIABILITY TO YOU
12.	WRITTEN COMMUNICATION
13.	NOTICES
14.	TRANSFER OF RIGHTS AND OBLIGATIONS
15.	EVENTS OUTSIDE OUR CONTROL
16.	WAIVER
17.	SEVERABILITY AND THIRD PARTY RIGHTS
18.	ENTIRE AGREEMENT
19.	OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.	LINKS FROM OUR SITE
21.	LAW AND JURISDICTION
22.	QUESTIONS OR COMPLAINTS?

INFORMATION ABOUT US

1.1

http://www.managerresearch.hymans.co.uk ("site") is a site owned and operated by Hymans Robertson LLP ("we"). We are a limited liability partnership registered in England and Wales with registered number OC310282. Our VAT number is 244 8750 43. A list of our members is available for inspection at our registered office, which is at One London Wall, London, EC2Y 5EA. We are authorised and regulated by the Financial Services Authority.

2.	HOW THESE TERMS APPLY
2.1	These terms and conditions (together with the documents referred to in them) ("terms and conditions") set out the conditions on which you may make use of our site, whether as a guest or a registered user, and if applicable, purchase Publications from our site as a registered user. "Publications" means the written publications we make available on this site as downloads to your computer. By using the site and/or by purchasing Publications from the site you agree to be bound by these terms and conditions.
2.2	From time to time, specific terms may apply to Publications in addition to or in replacement of these terms and conditions. For example, we may impose additional usage rights on a particular Publication. These product specific terms will be clearly indicated and featured on the site for the relevant Publication and will take precedence to the extent that they conflict with these terms and conditions.
2.3	Please read all the relevant terms and conditions carefully before you use our site and/or order a Publication. If you do not agree to the terms and conditions then please do not use our site or purchase Publications from our site.
2.4	Before completing any order for Publications you will be required to confirm you agree that you accept these terms and conditions. By confirming you agree (ie by ticking the relevant boxes) and/or by using this site to purchase or otherwise access Publications you are accepting these terms and conditions and if relevant any product specific terms. If you have any queries on these terms and conditions please contact us before placing any order (see section 22). Any terms which you seek to impose in respect of your use of Publications or this site will not form part of any contract between us.
2.5	Please read our Privacy policy and cookies, which sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using our site or purchasing Publications from our site, you consent to us obtaining and holding your personal data as set out in the Privacy policy and cookies.
2.6	Please read our Acceptable Use policy, which sets out the terms between you and us under which you may access our site. By using our site you agree to abide by this Acceptable Use policy, which supplement these terms and conditions.

3.	ACCESSING OUR SITE AND REGISTRATION
3.1	You are responsible for making all arrangements necessary for you to have access to our site and/or view any Publications including obtaining and maintaining all internet access, computer hardware and other equipment needed to access the site. You will also be responsible for all charges related to this.
3.2	You will need to register with the site to place an order for Publications. In order to register, you need to provide us with certain information including your name, postal address, email address, contact telephone number, and create a username and password. You are only permitted to hold one account with us at any one time. As a registered user of our site you will be able to view your order history and in most instances access Publications that you have previously downloaded. Please see our registration page for further details.
3.3	You agree to provide us your with truthful, complete and accurate details on registration. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
3.4	Please help us to ensure that your details are kept up to date. You can access and update your information by signing into your account via the site.

4.	SITE CONTENT
4.1	Unless otherwise expressly stated, this site and all materials that are included in or are otherwise a part of the site, including, without limitation, Publications, graphics, artwork, text, images, audio recordings, videos, designs, software, trade marks, logos, the "look and feel" of the site, and all other materials related to the site (collectively, the "Content") are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorised use, copying and distribution by copyright, trade mark, patent and other laws.
4.2	Except as is expressly provided in these terms and conditions, the Content may not be used, copied, reproduced, performed, displayed, modified, downloaded or distributed in any way, in whole or in part, without our express written permission. Note that in respect of some Content, additional copyright notices, information, or restrictions may be contained on the relevant part of the site featuring the Content and you agree to accept and abide by these additional restrictions/notices also.

5.	ABOUT YOU
5.1	By placing an order for Publications through our site, you warrant that:

	5.1.1	You are legally capable of entering into binding contracts;
	5.1.2	You are at least 18 years old;
	5.1.3	You are purchasing the Publications for personal use or use internally within your organisation for information purposes only; and
	5.1.4	You will not copy, distribute or share the Publications (which includes posting Publications on your or any third party's website) save as expressly permitted in these terms and conditions.

6.	PUBLICATIONS
6.1	We may from time to time make certain publications available for download via the site upon payment of the relevant fee (see Publications section of the site). We may also in our sole discretion provide access without charge to extracts of Publications. Each sample version will usually provide access to an executive summary and a restricted number of pages of the relevant Publication. Publications and/or samples are provided for download in PDF format. If you are unsure if the hardware/software that you are using is able to support the download and/or viewing of Publications, please contact researchpublications@hymans.co.uk and we will be happy to answer any queries.
6.2	All Publications featured on our site are subject to availability. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Publication will be available at a particular time. We reserve the right to change or remove a Publication from this site at any time without notice or liability to you.
6.3	All Publications available through our site are owned or controlled by us, our group companies or our licensors and are protected by intellectual property rights. These materials are for information purposes only and are not intended to amount to advice or materials on which reliance should be placed. You may only use these materials for internal learning/educational purposes within your company and may not use these materials for business/commercial purposes or share these materials with other companies within your group or other third parties.
6.4	You agree that save as set out at section 6.3, you will not redistribute, transmit, assign, copy, reproduce, exploit, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Publications available through our site (whether the same are available as free sample versions and/or full versions). Nothing in these terms and conditions grants to you any rights other than those expressly set out herein. These terms and conditions do not grant to you any rights in relation to the public recital, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Publication.
6.5	You are responsible for ensuring that you do not lose, destroy, or damage any Publication you purchase through this site. We shall not be obliged to replace any Publication in the event of any loss, destruction, or damage not caused by our negligence.

7.	PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1	If you would like to place an order for any Publication you will need to be a registered user and be signed into your account. You will then be redirected to the third party payment webpage where you will be required to enter your payment details. We do not hold, store or access your payment details.
7.2	For each order for a Publication that you place through our site you will be required to confirm your acceptance to these terms and conditions as explained in section 2.4.
7.3	Following successful payment being made you will be provided with a link from which you may download the relevant Publication.
7.4	The contract for the purchase of any Publication will be between you and us and will only be formed when we have received payment in full for the Publication. Until we receive payment in full there is no contract between you and us for the Publications. We reserve the right, in our sole discretion to reject any order we receive prior to this point and/or in the event of a manifest pricing error (see sections 8.2 and 8.3).

8.	PRICE AND PAYMENT
8.1	Subject to sections 8.2 and 8.3, the price of any Publication will be as quoted on our site at the then current time, except in the case of obvious error. This price will include VAT (if applicable). We will not accept any offers for Publications other than at the then current price. We reserve the right to make certain Publications available only as part of a larger product (e.g. a particular report may only be available as part of series of reports).
8.2	We use our best efforts to ensure the prices of Publications displayed on our site are correct. However it is always possible that, despite our best efforts, some of the Publications listed on our site may be incorrectly priced. If a correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Publication available for download we will normally, at our discretion, either contact you for instructions before making the Publication available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.3	We are under no obligation to provide the Publication to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Publications in the case of obvious and unmistakable pricing errors.
8.4	Prices for Publications are liable to change at any time, but subject to sections 8.2 and 8.3 changes will not affect orders in respect of which payment has already been processed and the download has already been made available.
8.5	Payment for all Publications must be by credit or debit card and via our third party payment provider. We work with a third party, SagePay that processes all payments made to us for Publications. They will have access to your payment details to the extent necessary to process/fulfil your order. By providing the details of a credit or debit card to be billed for payment of the price due, you confirm that you are authorised to purchase the Publications and that you are the holder of the relevant credit or debit card or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks.

9.	CANCELLATIONS AND REFUNDS
	Cancellation of an order for a Publication
9.1	You may not cancel an order for any Publication once it has been made available for download to you at which point each purchase of a Publication shall be deemed a final, non-exchangeable, non-refundable sale.
9.2	If you wish to cancel your order for a Publication prior to it being made available to you for download please send us notice at researchpublications@hymans.co.uk. Once you have notified us that you are cancelling your order, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation.
	Faulty Publications
9.3	We take great care in providing our Publications. In the unlikely event of faults with, or damage to, the Publications or if you have received an incorrect or incomplete Publication please contact us at researchpublications@hymans.co.uk. We will replace any such faulty or damaged Publication if possible or if there are continuing issues with the Publication we may issue a refund. You must notify us within a reasonable period of time of download of the Publication. If you fail to notify us within a reasonable time, we will have no liability to you.

10.	TERMINATION OF YOUR ACCOUNT
10.1	If you are in breach of, or we suspect you are in breach of, these terms and conditions then we may take any/all of the following actions:-
	• issue a warning to you;
	• immediate, temporary or permanent withdrawal of access to your account and/or the site;
	• legal action against you;
	• disclosure of information to law enforcement authorities as we reasonably feel is necessary.
	The responses described above are not limited and we may take any action we reasonably deem appropriate.

11.	OUR LIABILITY TO YOU
	PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
	General
11.1	Whilst we try to ensure the site is normally available 24 hours a day, we will not be liable to you if for any reason the site is unavailable at any time or for any period. For example, access may be suspended without notice in the case of updating our site, carrying out maintenance or in circumstances beyond our control. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any part of the site and/or any feature/service we provide on our site without notice (on a temporary or permanent basis). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any part thereof.
11.2	We will use commercially reasonable prudent measures to check Publications for viruses or other harmful components prior to making them available for purchase via the site. Provided we have taken such measures you agree we will not be liable to you for any harmful components that may be found on our site and/or in any of the Publications, including without limitation any viruses or other technologically harmful material that may infect or damage your computer equipment, computer programs, data or other proprietary material. We recommend that you install security software on your computer to help block viruses and harmful materials.
11.3	Information provided in or through our site (including the Publications) are intended to provide general information on investment products and services for the UK pension fund market. You agree that you will not rely on any of the information provided in or through our site (including via the Publications). You accept full responsibility for the use of our site or the use of any information provided in or through our site (including the Publications). This site carries no guarantee, conditions or warranties as to completeness, accuracy or timeliness, and we make no warranty of any kind. The information provided in or through our site (including the Publications) does not constitute financial or professional advice and should only be used in conjunction with the appropriate professional advisors who have full knowledge of your situation. We are not responsible for the appropriateness of any decisions taken by you, either alone or jointly with others following use of our site or any Publication.
11.4	Save as set out expressly in these terms and conditions, and to the extent permitted by law, we hereby expressly exclude:

	11.4.1	all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
	11.4.2	our liability for:

		(a)	loss of income or revenue;
		(b)	loss of business;
		(c)	loss of profits or contracts;
		(d)	loss of anticipated savings;
		(e)	loss of, damage to or corruption of data or software;
		(f)	loss of opportunity or damage to goodwill or reputation;
		(g)	indirect, incidental, special or consequential loss of any kind;

	however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not reasonably foreseeable and even if we had been advised of the possibility of occurrence of the same.
11.5	If we are not able to limit our liability to you as set out above, and we are liable to you under these terms and conditions in relation to a Publication and/or in respect of your use of this Site, our total liability to you is strictly limited per year to the purchase price paid by you for any Publication(s) in the preceding year.
11.6	This section 11 does not exclude or limit in any way our liability:

	11.6.1	for death or personal injury caused by our negligence;
	11.6.2	for fraud or fraudulent misrepresentation;
	11.6.3	for any matter for which we cannot exclude, or limit our liability under applicable law.

12.

WRITTEN COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

13.

NOTICES

All notices given by you to us must be given to Hymans Robertson LLP by emailing researchpublications@hymans.co.uk. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.

14.	TRANSFER OF RIGHTS AND OBLIGATIONS
	Save as set out herein, neither you nor we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under these terms and conditions, without the other's prior written consent.

15.	EVENTS OUTSIDE OUR CONTROL

	15.1	We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event").
	15.2	A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
	15.3	Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to these terms and conditions may be performed despite the Force Majeure Event.

16.	WAIVER

	16.1	If we fail to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
	16.2	A waiver by us of any default shall not constitute a waiver of any subsequent default.
	16.3	No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 13 above.

17.	SEVERABILITY AND THIRD PARTY RIGHTS

	17.1	If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
	17.2	A person who is not a party to these terms and conditions of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

18.

ENTIRE AGREEMENT

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to their subject matter including any contract relating to the Publications. If you are uncertain about your rights or think there is a mistake or that the terms and conditions are not complete and accurate, please contact us before placing an order for a Publication in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the Publication.

19.	OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1

We reserve the right, in our sole discretion, to modify or otherwise update these terms and conditions (including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities) by posting revised and/or updated terms to our site at any time. If you continue to use our site and/or purchase Publications from our site following such posting you will be agreeing to be bound by such modifications or updates. We recommend you review these terms and conditions on a regular basis.

20.

LINKS FROM OUR SITE

There may be links from the site, or in communications you receive from the site, to third party websites. Accessing those third party websites requires you to leave our site. We do not control those third party websites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any loss or damage that may arise from your use of any of those third party websites. We encourage you to review all policies, terms and regulations, including privacy policies and terms of use of each and any third party website that you visit.

21.

LAW AND JURISDICTION

These terms and conditions and any contracts for the purchase of Publications through our site and any dispute or claim arising out of these terms and conditions or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

22.	QUESTIONS OR COMPLAINTS?
	If you have any queries at all regarding this site, the products featured on the site or any of these terms and conditions, please do not hesitate to contact us via e-mail at researchpublications@hymans.co.uk, by telephone at 0141-566-7731 or via post at Hymans Robertson Manager Research Team, 20 Waterloo Street, Glasgow, G2 6DB, and we will be more than happy to assist you.