ESG & Sustainability

Terms and Conditions of Use

These Terms and Conditions of Use (Terms) apply to and govern your access to and use of the New Ireland Portal (the Site)

New Ireland Assurance Company plc is a company incorporated in Ireland with registered number 7336, whose registered office is situated at 87- 89 Pembroke Road, Ballsbridge, Dublin 4, D04 X738.

These Terms will apply whether you are a guest to the Site, a Customer of New Ireland (see clause 3 of these Terms), or if you are an Adviser (see clause 2 of these Terms). By accessing and/or using the Site or otherwise indicating your consent to accessing and using the Site, you agree to be bound by these Terms. If you do not agree with or accept these Terms, you are not permitted to use the Site.

1. REGISTRATION

1. By registering on our Site you understand that you are agreeing to be bound by these Terms.
2. If you choose, or are provided with, a user identification code, password, or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party unless permitted by these Terms. We, New Ireland, have the right to restrict use or disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
3. If you know or suspect that an unauthorised person has access to or knows your user identification code or password, please notify New Ireland promptly.
4. By accessing, continuing to access our Site and/or utilising the Services, you agree to these Terms and to perform your obligations under them.

2. ADVISERS

If you are an Adviser, the following provisions (along with clauses 1, 4 – 21 (inclusive)) apply to you:

1. In acting as an Adviser, you acknowledge and confirm that you are legally entitled and authorised to act on behalf of the Customer for whom you purport to act.
2. In consideration of you agreeing to be bound by these Terms, New Ireland grants you a non-transferable, revocable, non-exclusive limited licence to use the facilities available to Advisers on the Site.
3. You acknowledge and accept that the obligation to keep your Adviser account information accurate and up-to-date rests with you. You must notify New Ireland immediately if any of the information provided changes, is inaccurate, or is incomplete or if any of the information related to Customers for whom you act as Adviser is inaccurate, incomplete or out of date.

3. CUSTOMERS

If you are a Customer, the following provisions (along with clauses 1, 4 – 21 (inclusive)) apply to you:

1. In consideration of you agreeing to be bound by these Terms, New Ireland grants you a non-transferable, revocable, non-exclusive limited licence to use the facilities on the Site.
2. You acknowledge and accept that if you provide information to New Ireland it’s your obligation to provide information that is accurate and up to date and you agree to notify New Ireland if any of your information available on the Site is not accurate or up to date.
3. Through the Site and where permitted by your Policy Conditions to do so, you may increase or vary your contributions and choose which Fund(s) your contributions are to be invested in. Subject to your Policy Conditions you can also switch between the available Funds as and when you wish to. In using the Site you acknowledge that investments can increase or decrease in value from time to time and New Ireland does not have any liability to you in respect of the investment performance of each of the available Funds. You also acknowledge that the unit price you will receive when investing or disinvesting in a Fund(s) depends on when you provide an instruction using the Site and what is stated in your Policy Conditions. New Ireland will confirm the unit price to you at the time.
4. You acknowledge that there may be a charge (details available from New Ireland or your Adviser) for switching between Funds and that in certain circumstances switches out of particular Funds may be deferred for a period of time by New Ireland. You also acknowledge that Funds may have different annual fund management charges. Full details are available on request from New Ireland or your Adviser and please also refer to your Policy Conditions.
5. The charges applicable to your Policy are as communicated in documentation provided to you when you took out your Policy.
6. You understand that the rules governing your Policy are as set out in your Policy Conditions and if you give a valid instruction to New Ireland using the Site, where permitted to do so using the Site, it will be deemed you have given an instruction in writing to New Ireland as referred to in your Policy Conditions. For an instruction to have been deemed to have received by New Ireland on a particular day, a valid and complete instruction must have been provided by you by 5pm on a day that New Ireland is open for business. Any instruction received after this time will be deemed to have been received by New Ireland the following day that New Ireland is open for business.
7. You understand that when you cease to be a Customer of New Ireland, you will no longer have access to and use of the Site.

4. ACCESS

1. There is no charge imposed by New Ireland to access the Site however your mobile or broadband network operator may charge you for using or accessing the mobile or broadband network service. Any charges applied by your mobile or broadband network operator are beyond our control and you should refer to your mobile or broadband network operator for details of such charges.
2. We may introduce charges for use and access to the Site, Site Tools and/or the Services which are other than those set out in your Policy Conditions. If we are introducing new charges, we will tell you before we introduce them.
3. We may change our fees or charges at any time. If we are changing our fees, we will tell you before we change them.
4. New Ireland does not guarantee that the Site, or any content on it, will always be available or uninterrupted at all times. Access to the Site is permitted on a temporary basis. New Ireland may suspend, withdraw, discontinue, or change any part of the Site without notice. New Ireland will not be liable if, for any reason, the Site is unavailable at any time or for any period, but New Ireland will try to give reasonable notice, if possible, of any suspension or withdrawal.
5. You are responsible for making all arrangements necessary for you to access the Site and use any of the facilities available on the Site Tools.
6. The Site Tools and the Site are available to users in Ireland. New Ireland does not represent that content available on or through the Site is appropriate or available in other locations and the Site should only be accessed while in Ireland. New Ireland may limit the availability of the Site or any of the Services described or accessed through the Site to any person or geographic area at any time.
7. At all times when accessing the Site, you must ensure that:
   1. you shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      2. facilitates illegal activity;
      3. promotes unlawful violence;
      4. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      5. is otherwise illegal or causes damage or injury to any person or property, and New Ireland reserves the right, without liability or prejudice to its other rights, to disable the access to any person who breaches the provisions of this clause 4,
   2. when you access you shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software and/or Documentation (as applicable) on the Site in any form or media or by any means; or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site, Site Tools or Documentation on the Site;
   3. you shall not access all or any part of the Site in order to build a product or service which competes with the Services, or to use the Site (or any part of it), Site Tools or Documentation to provide services to third parties.
8. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Site and Site Tools and, in the event of any such unauthorised access or use, promptly notify New Ireland.

5. POLICY

1. The Policy Conditions govern the terms of a Policy and where relevant, detail how the Policy operates and the rights and obligations of both New Ireland and the Policy holder. For details please refer to the Policy Conditions which were provided when the Policy was taken out. These Terms are not intended to override the Policy Conditions unless specifically stated.

6. NEW IRELAND’S SERVICES

1. New Ireland shall provide the Services and make available the Site to you on and subject to these Terms.
2. Our aim is to provide access to you to our Services through our Site but we cannot assure you will have access to our Services through the Site at all times. If the Site is unavailable at any time, please provide your instructions directly to New Ireland in writing or by phoning New Ireland. If you phone us, we may need you to confirm your instructions in writing before we can act on them.
3. To the extent that use of the facilities available on the Site requires the use of any third party software, New Ireland will use commercially reasonable endeavours to notify you of the licence terms and conditions.
4. New Ireland:
   1. does not warrant that the supply of Services will be uninterrupted or error-free;
   2. does not warrant that the Services will meet your requirements; and
   3. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
5. Content and guidance on the Site is provided for your general information only and to inform you about New Ireland’s Services. It does not constitute technical, financial or legal advice, or any other type of advice, and should not be relied on for any purpose. You use our Site and Services at your own risk. Our Site gives you information and nothing in it is:-
   1. an offer as understood in contract law;
   2. an invitation to invest;
   3. an invitation to take investment, financial or insurance services from us.
6. New Ireland has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms.
7. New Ireland puts reasonable IT security measures in place. We cannot, however, guarantee the privacy or security of any information that concerns you and passes over the internet. This is because of the nature of the internet. If you use the Site and New Ireland’s Services, you acknowledge and accept these risks. For example, you acknowledge it is possible for a third party to intercept or interfere with e-mails.
8. Instructions.
   1. You permit us to act on any Instruction you give us by use of the Site, or which appears to have been given by you (including through a third party). You understand that you cannot withdraw this permission once the Instruction has been given.
   2. You agree that all Instructions are considered to be Instructions for processing as soon as possible and in some cases for immediate processing, and are considered irrevocable. You can ask us to cancel or amend any Instruction, but we may not be able to do so. We will have no liability to you in respect of any such request to cancel or amend a previously issued Instruction where we are unable to do so.
   3. Once an Instruction is received by us, you agree that we can act on it. You understand we may not carry out any more security checks.
   4. Where an Instruction relates to a payment, you give your consent to the payment and you agree that we can process (use) your personal data to carry out your Instruction and to provide you with the Service.
   5. We can only act on your Instructions when we get them. You acknowledge and agree there may be a time lag between the time you or a third party instructs us using the Site and when we get that Instruction, and we can take no responsibility for that.
   6. If we receive an Instruction that does not have all the information or documentation that we need or is invalid for other reasons, we may refuse to process it. We will tell you if we cannot process an Instruction. We will not be liable to you or anyone else if that results in any loss or expense.
   7. You confirm that where you give us an Instruction you are duly authorised to give us that Instruction and that we can act on it. You agree to indemnify and hold us harmless where we act in good faith on any Instruction received from you.

7. NEW IRELAND’S RESPONSIBILITIES

1. If New Ireland makes a mistake when we carry out an Instruction, we will correct that mistake. If necessary, we will pay money into your Policy and correct our records of your Policy. The amount we pay will ensure that your Policy is restored to the way it would have been if the Instruction had been carried out correctly by us.
2. Sometimes, we may not be able to provide you or a third party with a Service because of circumstances beyond our control, for example:
   1. an Act of God;
   2. pandemics, epidemics;
   3. strikes and industrial action;
   4. electricity failure, surges or fluctuation;
   5. failure of telephones, telephone systems, email, the internet, or of other electronic equipment (including software and networks)
3. Sometimes, the Services may not be available or may not work properly despite our reasonable efforts to maintain them.
4. We are not liable to you or anyone else for any loss or expense caused if the Services are not available or are not working properly for a reason set out in Clauses 7.b and/or 7.c.
5. We will not be responsible for any losses caused if:
   1. we make a payment in accordance with an Instruction and that Instruction contained an incorrect Policy number, IBAN or BIC, account number, sort code or equivalent account or policy details supplied by you or a third party; or
   2. we can show that a payment was made by us and received by the payee and/or their bank within the time set out in these terms and conditions; or
   3. the payment or transaction is not possible due to a regulatory or other legal reason.

8. YOUR OBLIGATIONS

1. In consideration for receiving the Services, you agree to:
   1. provide New Ireland with such information as may reasonably be required by New Ireland to provide the Services and ensure that all such information and data provided to New Ireland and/or uploaded or submitted to the Site is complete, accurate and true;
   2. co-operate with New Ireland in all matters relating to the Services;
   3. comply with all licence terms and conditions applicable to any third-party software as required in connection with the Services;
   4. comply with all applicable laws, regulations, regulatory policies, guidelines, or codes of practice in place from time to time in connection with the Services;
   5. use due care and skill when using the facilities of, submitting data to, and analysing data from the Site Tools/Site;
   6. be solely responsible for providing all necessary hardware, software, network facilities and telecommunications services to access and use the Services.
2. You understand and agree that you must fully and correctly complete any application (including where relevant any request) before it can be processed by New Ireland. New Ireland will not be responsible for any delay in processing such application/request where it receives an incomplete or incorrect application/request.
3. You agree to comply with any requests from New Ireland (which we may supplement from time to time) to confirm your identity, including verification of your name, age, address and/or contact details. If you do not, we reserve the right to suspend or restrict your access to the Site. We may make, directly or through a third-party, any inquiries we consider reasonably necessary to validate the information that you provide to us (including without limitation checking commercial databases and credit reports).
4. If an unauthorised transaction occurs on your Policy, you must tell us as soon as you become aware of it. To report an unauthorised transaction, you should contact New Ireland directly. If you contact us by phone, we may ask you to confirm the position in writing.
5. You will be liable for the full amount of the unauthorised transaction if it was made because you have acted fraudulently or because you intentionally or negligently breached these Terms.

9. USE BY JOINT POLICY HOLDERS

1. If your Policy is held in the name of two or more persons, any one of you may, acting alone be able to use the Services. Each of you who want to use the Services must register to access the Site and use the Services.
2. If your Policy is held jointly in the name of two or more persons, each of you is jointly and severally liable under these Terms and for any Instruction we get from any of you on your jointly held Policy. This means we can ask all or any one of you alone to pay us any money owing to us and meet any obligation arising from these Terms or any Instruction any of you give us.
3. Unless we have requested the consent of each Policy holder or have a legal obligation to get the consent of each Policy holder where a Policy is held jointly by two or more persons, we can act on the Instructions of only one of you. This means by using the Site any one of you can ask us to do certain things with the Policy without the other Policy holder knowing, including closing the Policy, taking all or any money out of the Policy, asking for communications (including statements) to be provided electronically or on paper, availing of or ending the Services. It you have a joint Policy therefore it is your obligation to ensure you are acting or instructing us with the authority or agreement of the other Policy holder(s).
4. When we send any notice to any one of you (including any electronic statement or communication or statement or document in paper form) this will be deemed to be notice to all of you.
5. Unless we have a legal obligation to do so we won’t ordinarily ask or enquire about the reasons for any Instructions or reconfirm these Instructions with any other joint Policy holder even when there is a dispute among the joint Policy holders.

10. PERSONAL DATA

1. During the course of our activities, we will process Personal Data and we recognise the need to treat it in an appropriate and lawful manner. You acknowledge that New Ireland will be required to share Personal Data with other relevant third parties but in doing so, New Ireland will ensure that Personal Data will be shared securely and in compliance with its privacy policy.
2. New Ireland shall:
   1. process Personal Data only to the extent, and in such a manner, as is necessary for the purposes of permitting you use the Site. providing the Services and maintaining your Policy and shall not process the Personal Data for any other purpose other than to notify you of other opportunities or services that may be available to you from New Ireland from time to time or as otherwise specified in its privacy policy. We will not transfer or sell your Personal Data to any third-party for this purpose. If you do not want us to contact you to notify you of other opportunities or services that may be available to you from New Ireland, please let us know.
   2. where possible, promptly comply with any request from a Customer and/or Adviser requiring New Ireland to amend, transfer or delete the Personal Data;
   3. only collect and process Personal Data in a form which complies with the Data Protection Legislation;
   4. take appropriate and reasonable technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, Personal Data;
   5. provide, upon a Customer’s request, a copy of all Personal Data held by it in the format and on the media reasonably specified; and
   6. ensure that appropriate safeguards are in place regarding any transfer of Personal Data outside the European Economic Area.
3. New Ireland shall ensure:
   1. that it takes reasonable steps to ensure the reliability of any of New Ireland employees who have access to the Personal Data;
   2. that access to the Personal Data is limited to those employees who need access to the Personal Data to meet New Ireland obligations under these Terms;
   3. that all of its employees involved with the Services are informed of the confidential nature of the Personal Data.
4. Each Adviser and/or Customer shall ensure that it is entitled to transfer and/or provide the relevant Personal Data to New Ireland so that New Ireland may lawfully use, process and transfer the personal data in accordance with these Terms. New Ireland shall be entitled to relief from liability in circumstances where an individual makes a claim or complaint with regards to New Ireland’s processing of their Personal Data to the extent that such actions arise as a result of an instruction or direction from an Adviser or a Customer.
5. We may record the Instructions you give us by using the Services. If there is a dispute between you and us concerning the Services, you agree to accept our records as accurate (unless it is clear we made a mistake).

11. PROPRIETARY RIGHTS

1. Except as expressly stated herein, these Terms do not grant any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Site, the Site Tools, the Services or the Documentation.
2. New Ireland claims copyright in the contents of our Site. You cannot copy or use any of this content by any means unless we agree in writing beforehand.

12. CONFIDENTIALITY

1. A party’s Confidential Information shall not be deemed to include information that:
   1. is or becomes publicly known other than through any act or omission of the receiving party;
   2. was in the other party’s lawful possession before the disclosure;
   3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
   4. is independently developed by the receiving party, which independent development can be shown by written evidence.
2. Subject to clause 12.c., each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than as required for the supply of the Services.
3. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.

13. LIMITATION OF LIABILITY

1. Disclaimer: The Site and Services are provided on an ‘as is’ basis. To the fullest extent permitted by applicable law, we hereby disclaim, and make no representations or warranties of any kind, express or implied, regarding the Site, the Site Tools or the Services, including without limitation:
   1. any implied representations, conditions, or warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement (whether by statute or common law);
   2. that the Site, the Site Tools or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality; or
   3. any implied warranty arising from the course of dealing or usage.
2. Except as expressly and specifically provided in these Terms:
   1. You assume sole responsibility for results obtained from the use of the Site, the Site Tools, the Services and the Documentation, and for conclusions drawn from such use;
   2. New Ireland shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to New Ireland by a Customer and/or an Adviser, or any actions taken by New Ireland at such parties’ direction.
3. Nothing in these Terms excludes the liability of New Ireland:
   1. for death or personal injury caused by New Ireland’s negligence; or
   2. for fraud or fraudulent misrepresentation.
4. Subject to the fullest extent permitted by law:
   1. New Ireland shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
   2. New Ireland’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to:
      1. where you are an Adviser, €100;
      2. where you are a Customer, a sum equal to the aggregate Annual Charges payable in the 6 months preceding the claim; or €100 (whichever is the greater).
   3. Nothing in these Terms shall be taken as in any way reducing or affecting a general duty to mitigate a loss suffered by a party.
5. We make every reasonable effort to ensure the Information we give you and any third party about your Policy including fund values etc. is accurate and complete. However:
   1. the information we give you on the Site is not conclusive evidence of the state of your Policy (if you need a conclusive statement, please contact us); and
   2. we will not compensate you, or anyone else, for any loss or expense which occurs as a result of any inaccuracy in the Information we give you on the Site regarding your Policy.

14. TERMINATION

1. New Ireland may suspend or terminate the Services and/or the Site immediately and without giving you notice where required or obliged to do so by law, or where we reasonably believe your account and/or Policy has been accessed improperly or fraudulently.
2. In addition, we may terminate your access to our Services and the Site if you are in material or persistent breach of any of your obligations under these Terms and if that breach is capable of remedy and you have failed to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach.
3. New Ireland may also without cause stop providing the Site, the Site Tools or the Services by giving two months’ notice.
4. We may stop the Services or block any payments or transactions if:
   1. you die;
   2. you are declared bankrupt or insolvent in the Republic of Ireland or anywhere else;
   3. you have failed security checks;
   4. we have reason to suspect there is unauthorised or fraudulent activity on your Policy, even where we think you are innocent;
   5. we are required to do so by law, regulation or direction from an authority we have a duty to obey; or
   6. you have breached these Terms.
5. We do not have to notify you beforehand if we stop, restrict or block the Services for any reason listed above in 14.d. We are not liable to you or anyone else if we stop or block the Services for any reason listed above in 14.d. If you enquire, we will tell you how the stop or block on the Services can be removed (if it can be).
6. On termination for any reason:
   1. all licences granted under these Terms shall immediately terminate; and
   2. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.

15. CHANGES TO THESE TERMS

1. New Ireland may need to amend these Terms from time to time for example, to meet new regulatory requirements or to enhance security.
2. We may remove or change a Service or add a new one at any time.
3. We may introduce fees or change the fees and charges we apply.
4. Where you have registered with New Ireland, New Ireland will notify you of the changes made to these Terms by, where possible, providing at least one month’s notice of such amendments. You acknowledge that this notice period may not always be possible where such amendments are required as a matter of law or regulation.
5. If we change or add to these Terms, and you do not wish to accept the change, you may deregister from using the Site (there will be no charge for doing this).
6. If you do not ask us to deregister you under 15.e, you are deemed to accept the changes which we tell you about under Clause 15.d. on their effective date. We may change our rules concerning the Services (for example transaction limits or daily limits) at any time. We will, however, provide notice about these changes, in accordance with any applicable laws.

16. GENERAL TERMS

1. WAIVER: No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
2. SEVERANCE: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
3. HEADINGS: Headings used in these Terms are there to assist you and do not form part of the legal agreement between you and us.
4. NO PARTNERSHIP OR AGENCY: Nothing in these Terms is intended to, or shall operate to, create a partnership or agency between the parties to these Terms
5. FORCE MAJEURE: New Ireland shall have no liability for any breach of these Terms caused by an event or circumstance beyond its reasonable control.
6. ENTIRE AGREEMENT: These Terms constitute the entire agreement between the parties in connection with the Site and the Services available using the Site. Each party acknowledges that in accepting these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
7. THIRD PARTY RIGHTS: These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns).

17. NOTICES

1. Where you are required to notify New Ireland in accordance with any of these Terms, such notice must be delivered by hand or sent by pre-paid first-class post or recorded delivery to the address set out at the beginning of these Terms, or such other address as may have been notified by New Ireland for such purposes. Where you have registered with New Ireland, New Ireland will send any notices required under these Terms, by e-mail to the e-mail address you specified when registering your account and/or pre-paid post to the address you specified when registering your account.
2. A notice delivered by e-mail shall be deemed to have been delivered when it leaves New Ireland’s server and a notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received 2 business days after posting.

18. COMPLAINTS

1. We want to provide you with excellent service at all times and hope we do not give you grounds for complaint. However, if you wish to make a complaint you may do so by writing to us at our office New Ireland Assurance Company plc, 87- 89 Pembroke Road, Ballsbridge, Dublin 4, D04 X738 or by telephoning us 01 617 2000. If you telephone us we may ask you to set out your complaint in writing.
2. If we cannot resolve your complaint within five working days, we will respond to your complaint in writing and send it by post, or, if we hold an email address for you, by email.
3. If you are not satisfied with how we have dealt with your complaint, you are entitled to raise it with the Financial Services and Pensions Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Telephone: +353 1 6620899, Fax: +353 1 6620890, e-mail: info@fspo.ie, website: www.fspo.ie

19. GOVERNING LAW AND JURISDICTION

1. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of Ireland, and the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
2. The English language is and will be used for the purpose of interpreting these Terms and for all communication in connection with the Site and/or the Services.
3. Any references to law or taxation in these terms and conditions are accurate on the print date, and should be read to reflect later changes in the law or taxation.

20. INTERPRETATION

1. In these Terms:
   1. a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns;
   2. a reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
   3. unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular, and a reference to one gender shall include a reference to the other genders;
   4. reference to a statute or statutory provision is a reference to it as it is amended, extended or re-enacted from time to time, and shall include all subordinate legislation made under that statute or statutory provision;
   5. any words following the terms including, include, in particular, for example or a similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
   6. an obligation on a party not to do something includes an obligation not to allow that thing to be done.

21. DEFINITIONS

1. The following definitions apply in these Terms:

Adviser

A person authorised to act as an adviser to a Customer in relation to the Customer’s Policy and has been notified to New Ireland as being so authorised;

Confidential Information

Information that is proprietary or confidential to a party;

Personal Data

Shall each have the meaning given in Data Protection Legislation;

Customer

Means a person who has taken out a Policy with New Ireland and, where applicable, includes a person applying to take out a Policy with New Ireland.

Data Protection Legislation

The EU General Data Protection Regulation 2016/679 (GDPR) (together with any Irish legislation giving effect to its terms), as may be amended, superseded, updated or replaced from time to time and all other applicable laws and regulations relating to processing of personal data and privacy, including where applicable any guidance and codes of practice issued by the Irish Data Protection Commission;

Documentation

Documents made available by New Ireland on or through the Site which sets out a description of the Services available by using the Site and the user instructions for the Site;

Fund(s)

A unit linked investment fund(s) made available by New Ireland to Customers where the fund(s) available depends on the Policy held.

Guest

Means any person who accesses, views or enters the Site that is neither an Adviser nor a Customer.

Site Tools

The software tools available on the Site including the letter generator, video generator and other communication tools;

Policy

A life assurance policy issued by New Ireland Assurance Company plc.

Policy Conditions

The document which sets out the terms and conditions of a Policy in writing and which is provided to the holder of a Policy when a Policy is taken out.

Services

The range of services made available by New Ireland to Customers and/or Advisers on the Site and in some cases by using the Site Tools;

Site

The New Ireland Portal identified at the start of these Terms.

You, Your

The person using the Site and to whom these Terms apply including Customer, Advisers and Guests.

We/Us

Refers to New Ireland Assurance Company plc.