Terms and Conditions
Irish Life Corporate Business provides the Services to the User through SecureShare, subject to the User's acceptance of the Terms and Conditions set out below.
1. Definitions
Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
Agreement
The agreement concluded between Irish Life Corporate Business and the User for the purposes of using the Website consists of (1) the Registration Process(es); (2) these Terms and Conditions; (3) the Website Use Policy appearing on the Website from time to time; and (4) the Data Privacy Notice. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.
Business Day
A day on which Irish Life Corporate Business is open for general business in the Republic of Ireland and 'non business day' shall be construed accordingly.
Client
A sponsoring employer, trustee, broker or consultant or any other party with the requisite authority, including but not limited to Data Protection matters, to act as administrator or agent to the administrator of a scheme, which is duly authorised to access the system and bound by these Terms and Conditions.
Irish Life Corporate Business
Shall be taken to mean Irish Life Assurance plc, its successors and assigns.
Irish Life Group Limited
Irish Life Assurance plc and any other company which is now or later becomes a subsidiary or holding company of Irish Life Group Limited or a subsidiary of such holding company; 'subsidiary' and 'holding company' are to be construed in accordance with section 155 of the Companies Act, 1963.
Irish Life Data Privacy Notice
The Data Privacy Notice which sets what we use your personal information for and explains your rights around how we use it (see Data Privacy Notice link)
Registration Process(es)
The process(es) which must be properly and fully completed when applying to Irish Life Corporate Business for the provision of Services using SecureShare, including, but not limited to, application forms, online application forms, online registration processes and forms completed by the User.
Retirement Benefit Schemes
A retirement benefit scheme as defined in Section 771 of the Taxes Consolidation Act, 1997 (as amended from time to time), which for the avoidance of doubt includes group pension schemes and group risk schemes.
SecureShare
The online system made available by Irish Life Corporate Business to enable the User to access and utilise Services via the internet and/or other internet technology-based telecommunication media by accessing the Website.
Services
The services to be provided through SecureShare are as set out in clause 5 below.
System User
Means any person or body that has been set up as a System User by a System Super User or by Irish Life Corporate Business or otherwise enabled, in an appropriately authorised manner, to access and use the System in connection with the Services.
System Super User
Means a person or entity that has been authorised to act in such a capacity by Irish Life Corporate Business or a Client.
Terms and Conditions
The terms and conditions governing the provision of SecureShare to the User, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
User
Any Client, System User, or System Super Use duly authorised by Irish Life Corporate Business to access the Website, Services and SecureShare and who is bound by these Terms and Conditions.
Website
Any page containing the URL https://admin.irishlifecorporatebusiness.ie/secureshare-web-use-policy
Website Use Policy
The Website Use Policy which sets out the terms upon which the data received in respect of this Agreement will be gathered and processed, and which is published on the Website (see Website Use Policy link).
2. Access to and Use of the System
SecureShare, the Website and the Services may be accessed and used by Users that have completed the Registration Process(es) and been appropriately authorised by Irish Life Corporate Business to do so.
Such Users will be entitled to access and use SecureShare, the Website and the Services to the extent specified in the Terms & Conditions only.
SecureShare, through which Services are made available, is only provided to a User by Irish Life Corporate Business in respect of services in the Republic of Ireland.
The User shall disconnect and exit SecureShare when not availing of the Services.
3. Equipment
The equipment necessary for the User to access SecureShare shall be provided and be maintained by and at the expense of the User and Irish Life Corporate Business may change the requirements for such equipment from time to time.
4. Indemnity
The User undertakes to Irish Life Corporate Business to comply strictly with this Agreement. The User acknowledges that its compliance with this Agreement is designed to minimise the risk of unauthorised use of SecureShare. The User agrees to indemnify, and to keep indemnified, Irish Life Corporate Business in full in respect of any loss or damages which may arise to Irish Life Corporate Business, the User or any third party as a consequence of the User's non-compliance with this Agreement.
Each User acknowledges their responsibility to ensure that its employees who have been set up by them, or whose authorisation to access the Services, the Website and SecureShare is otherwise under their control, abides by these Terms and Conditions. Furthermore each User agrees that they will notify Irish Life to remove the access provided to each employee, or the User shall remove the access provided to each of the employees to whom they have provided access, or whose authorisation to access the system is otherwise under their control, upon their authority to access the information ceasing.
5. Services
Irish Life Corporate Business shall be entitled, but not obliged, to record all communications from, or instructions given by, the User to Irish Life Corporate Business, or messages sent by Irish Life Corporate Business to the User through SecureShare or by email.
SecureShare shall facilitate: (a) the sending of certain instructions and documentation by a User to Irish Life Corporate Business (to be agreed by both parties from time to time); and (b) the sending of certain documentation by Irish Life Corporate Business to the User, both in respect of Retirement Benefit Schemes attributable to that User.
The User represents that it is authorised to act on behalf of such Retirement Benefit Scheme.
The User shall ensure that all documentation and instructions given by the User to Irish Life Corporate Business through SecureShare are accurate and complete.
Irish Life Corporate Business is entitled to rely on any documentation and/or instruction from the User using SecureShare, and, for the avoidance of doubt, the processing by Irish Life Corporate Business of any such confirmed documentation or instruction shall be final and binding on the User. Irish Life Corporate Business shall not be liable for any delay or error which arises from incomplete, unclear, inconsistent and/or mistaken documentation or instructions which the User gives to Irish Life Corporate Business.
Once accepted by Irish Life Corporate Business, the execution of an instruction or the processing of documentation may be irrevocable. However, without prejudice to the previous paragraph, if a User wishes to amend documentation or amend or cancel an instruction that it has given to Irish Life Corporate Business, Irish Life Corporate Business will, provided the User gives the instruction to make such amendment or cancellation in such form as Irish Life Corporate Business may prescribe, use its reasonable endeavours to make such amendment or cancellation if it is possible for Irish Life Corporate Business to do so. It may not be possible for Irish Life Corporate Business to amend or cancel any instruction. The User will be liable for any additional fees or expenses which arise out of any such amendment or cancellation, or any payment investigation initiated at the User's request.
Irish Life Corporate Business is authorised to provide to the User any or all of the Services which may be accessed and availed of through SecureShare in accordance with the User's instructions given to Irish Life Corporate Business through SecureShare.
When using the Services each of Irish Life Corporate Business and the User agree that they will not attempt to rely on any other terms and conditions if to do so would be an attempt to repudiate the validity of the User's instructions relating to the Services or the communications regarding the instructions sent to the User by Irish Life Corporate Business. Both Irish Life Corporate Business and the User agree that the instructions, information, communications and/or authorisations given through SecureShare shall be treated as satisfying any legal requirements for communication in writing.
Each time the User gives Irish Life Corporate Business documentation or an instruction, the User will be deemed to warrant that the instruction may be executed or the documentation processed without breaching any law or regulation. Irish Life Corporate Business shall not be obliged to act on any instruction or process any documentation which Irish Life Corporate Business reasonably believes to be in breach of any law or regulation.
6. Communications
On registration or at any other time Irish Life Corporate Business may request contact information in relation to the User, such information may include email address. The User is providing this information on the understanding that Irish Life Corporate Business may use the information to contact the User. Consequently it is highly important that the User ensures that any change in nature or use or security of the information provided is notified to Irish Life Corporate Business and that generally all reasonable efforts are made to keep the information provided up to date. Irish Life Corporate Business accepts no liability whatsoever in the event that the User does not keep their contact details up to date.
7. Charges & Fees
Subject to this Agreement, where a fee is applicable to any of the Services provided through SecureShare that fee shall be charged at the appropriate rate specified in any applicable agreement between the User and Irish Life Corporate Business.
8. Termination of the Agreement
Irish Life Corporate Business may terminate the Agreement and withdraw SecureShare:
(a) on giving the User at least 30 Business Days prior written notice;
(b) immediately upon breach by the User of any of the terms of this Agreement or where there are serious grounds for doing so;
(c) immediately upon the bankruptcy or other contractual incapacity of the User;
(d) if the User has not accessed SecureShare in any period of 3 consecutive months;
(e) if Irish Life Corporate Business reasonably believes that any of the Services have been used negligently, illegally or fraudulently by the User, or by a third party as a result of the User's negligence or recklessness;
(f) on all Retirement Benefit Schemes for which the User is authorised to act on behalf of, no longer being administered by Irish Life Corporate Business; or
(g) the User ceasing to be authorised to act on behalf of any Retirement Benefit Scheme administered by Irish Life Corporate Business.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. The Client may terminate the Agreement at any time by giving Irish Life Corporate Business not less than 30 Business Days prior written notice to that effect, but without prejudice to the User's outstanding liability prior to the date of termination.
Irish Life Corporate Business reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of Services. Irish Life Corporate Business is not responsible for any loss the User may incur as a result of any instruction not being processed after termination of the Agreement or after any suspension or withdrawal of the Services.
9. Variations of the Agreement
Irish Life Corporate Business may at any time amend, supplement or replace these terms and conditions, including the Scope of the Services, as a result as changes in the Irish Life Corporate Business’ policies, changes in technologies, to cater for new products, to comply with legal, taxation, or regulatory requirements or other circumstances affecting Irish Life Corporate Business or the services it offers.
10. Notices
Save where expressly provided, any notice required to be given by the User to Irish Life Corporate Business in connection with the subject matter of this Agreement shall be given in by email to SecureShareSupport@IrishLife.ie.
Save where expressly provided, any notice required to be given by Irish Life Corporate Business to the User in connection with the subject matter of this Agreement may be given by email to the email address provided by the User as part of the Registration Process.
11. Use of Information and Confidentiality
Subject to the terms of the Irish Life Data Privacy Notice and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by any government, statutory or regulatory authority, Irish Life Corporate Business shall ensure that all confidential data held by Irish Life Corporate Business in relation to SecureShare shall only be accessible to Irish Life Group Limited, its or their agents or a company controlled by Irish Life and shall be processed or used by them for purposes and in a way compatible with the discharge of Irish Life Corporate Business’ obligations.
The User shall ensure that all information obtained from Irish Life Corporate Business by the User relating to Irish Life Corporate Business operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by the User in strictest confidence and shall not be disclosed by the User to any third party unless it is already in the public domain.
12. Intellectual Property
The intellectual property rights in all data, information, systems, processes or other material used by or developed by Irish Life Corporate Business for the purposes of providing the Services or performing its obligations under this Agreement shall remain vested, or upon their creation vest, in Irish Life Corporate Business or its licensors. The User shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
Save where otherwise specified, the intellectual property rights and contents of all the Website are owned by Irish Life Corporate Business or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior written consent of Irish Life Corporate Business, other than that a User may print or download one copy of the contents of the Website for personal non-commercial use.
13. Temporary Withdrawal of Service
In the event of a breakdown, fault or malfunction of, or connection to, any system used in connection with Irish Life Corporate Business SecureShare, or where there is a real or potential security risk, Irish Life Corporate Business shall be entitled, without incurring any liability to the User, to temporarily suspend the relevant Services or access to Irish Life Corporate Business SecureShare for such reasonable period as may be required to remedy, address or resolve the system issue.
Force Majeure: Irish Life Corporate Business shall not be in breach of its obligations under this Agreement, nor liable for any loss, damage or other liability suffered by the User or any other person, if there is a delay in, or any total or partial failure of, performance of Irish Life Corporate Business’ duties and obligations occasioned by any act of God, endemic, pandemic fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system or any other computer system, failure of any telecommunications network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any acts or omissions of Irish Life Corporate Business’ agents or third parties, or any other reason (whether or not similar in kind to any of the above) beyond Irish Life Corporate Business’ control.
14. Security, Maintenance and Availability
The User accepts that electronic communications including the internet may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence Irish Life Corporate Business cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:
(a) make certain or all of Services unavailable to a User; and/or
(b) delay implementation of any new Services; and/or
(c) withdraw, replace or reissue User IDs
(d) change authentication procedures or processes for accessing SecureShare and while Irish Life Corporate Business will use reasonable endeavours to minimise any inconvenience caused to the User the User accepts that these events may occur and that Irish Life Corporate Business has no liability to it in the event of this happening. Where Irish Life Corporate Business changes authentication procedures for accessing SecureShare then Irish Life Corporate Business may introduce these procedures by giving instructions to the User via the SecureShare system or any other system in respect of which such procedures are being introduced.
15. Agency
The User agrees that they have entered into this agreement and may not subcontract or assign any of their rights or obligations under this Agreement. The User acknowledges that Irish Life Corporate Business enters into this Agreement for itself and as agent for any member of the Irish Life Group Limited where that member of the Irish Life Group Limited has an agreement with the User in respect of a product or service to which the Services that are provided to the User apply.
16. General
Notwithstanding any other provision in these terms and conditions, Irish Life Corporate Business may take whatever action it considers appropriate to meet its obligations, either in Ireland or elsewhere in the world, relating to the prevention of fraud, money laundering or terrorism and to the provision of financial and other services to persons who may be subject to sanctions. This action may include, but is not limited to, investigating and intercepting transactions and making enquiries to establish whether a person is subject to sanctions. This may result in a delay or failure to execute instructions received. The User acknowledges and agrees that, to the extent permitted by law, Irish Life Corporate Business shall not be liable for any loss, damage or other liability suffered by the User or any third party which arises as a result of taking such action.
17. Governing Law
All relations established by Irish Life Corporate Business with the User prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection with them.
18.Severability
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
19. Waiver
Any waiver by Irish Life Corporate Business of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Irish Life Corporate Business’ part to exercise or avail of any right, power or privilege that Irish Life Corporate Business has or may have, operate as a waiver of any breach or default by the User.
20. Language
The Agreement and all other documentation which will be provided by Irish Life Corporate Business to communicate with the User throughout the duration of the Agreement will be prepared in the English language, and all communications between Irish Life Corporate Business and the User will also be conducted in the English language.
21. Contact Details
For SecureShare related enquires and technical support, please contact Irish Life Corporate Business at SecureShareSupport@IrishLife.ie.
