MyCornmarket Terms & Conditions 2018

Cornmarket Group Financial Services Limited Terms and Conditions for the MyCornmarket App & Webportal

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 Cornmarket Group Financial Services Limited (Cornmarket) and you for the purposes of using the MyCornmarket App consists of (1) the Registration Process(es); (2) these Terms and Conditions; (3) the MyCornmarket Privacy Statement ; (4) the Website Privacy Statement  on the Cornmarket website and (5) the Data Privacy Notice on the Cornmarket website. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.

Cornmarket

Shall be taken to mean Cornmarket Group Financial Services Limited, its successors and assigns and may be referred to as “we” or “us”.

MyCornmarket

Shall be taken to mean the MyCornmarket App and the MyCornmarket Webportal and is the online system made available by Cornmarket for approximately 24 hours a day to enable you to access and utilise Services via the internet and/or other internet technology-based telecommunication media by accessing the Website.

1. Definitions (Continued)

Business Day

A day on which Cornmarket is open for general business in the Republic of Ireland and 'non business day' shall be construed accordingly.

Privacy Statement

The MyCornmarket Privacy Statement which sets out the terms upon which the data received in respect of this Agreement will be gathered and processed, together with any consents that you have given to Cornmarket regarding use of data.

Privacy and Security Policy

The documents called the 'Website Privacy Statement’ and ‘Data Privacy Notice’ published on the Website from time to time.

Registration Process(es)

The process(es) which must be properly and fully completed when applying to Cornmarket for the provision of Services using MyCornmarket, including, but not limited to, application forms, online application forms, online registration processes and forms completed by you.

Self-Service Facility

The fully automated facility available to you in connection with MyCornmarket which enables you to access and utilise the Services attaching to this facility.

System User

Means any person or body that has been set up as a System User by Cornmarket or otherwise enabled, in an appropriately authorised manner, to access and use the System in connection with the Services and bound by the terms and conditions.

Terms and Conditions

The terms and conditions governing the provision of MyCornmarket to the System 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.

Website

Any page containing the URL www.cornmarket.ie

2. Interpretation

2.2 These Conditions are supplemental to and should be read in conjunction with the Terms and Conditions found on Cornmarket Group Financial Services Limited (Cornmarket)’s website at the following link http://www.cornmarket.ie/terms-and-conditions. Both shall apply to any policy(ies) you hold through Cornmarket in conjunction with any specific Terms and Conditions attaching to your polic(y)(ies) when using this service .

2.3 Should a conflict arise between the Terms and Conditions for MyCornmarket and the Terms and Conditions contained on Cornmarket’s website, in relation to the use of MyCornmarket, these Conditions shall prevail.

3. Access to and Use of MyCornmarket

3.1 MyCornmarket must be used by you strictly in accordance with the Agreement.

3.2 The Services, the Website, the Browser and the System may be accessed and used by System Users who have been appropriately authorised.

3.3 You will be entitled to access and use the Services, the Website, the Browser and the System to the extent specified in the Terms & Conditions.

3.4 MyCornmarket, through which Services are made available, is, subject to Clause 3.2, only provided to you by Cornmarket in respect of services in the Republic of Ireland.

3.5 You must read these Terms and Conditions, the MyCornmarket Privacy Statement, the Website Privacy Statement and the Data Privacy Notice before you consent to the installation of MyCornmarket on your mobile device and/or before you access the MyCornmarket webportal.  Once you click on “Yes, I accept” at the end of the registration process to access MyCornmarket, you confirm that 1) you have read these Terms and Conditions, the MyCornmarket Privacy Statement, the Website Privacy Statement and the Data Privacy Notice, and that 2) you consent to the processing of your personal data by Cornmarket through the service of MyCornmarket.

3.6 You will also be provided with the option “Cancel” at the end of the registration process. In instances where you select the option to “Cancel” the registration process will not be completed and you will not be in a position to avail of the MyCornmarket service. 

3.7 You can at any time cease your consent to the processing of your personal data on the MyCornmarket App by clicking on “uninstall” during the Log In process.

4. Maintenance

4.1 From time to time we may update MyCornmarket for security reasons, maintenance, upgrades or other reasons to:

(a) make certain Services or all of our Services unavailable to a User; and/or

(b) delay implementation of any new Services; and/or

(c) withdraw, replace or reissue User IDs; and/or

(d) change authentication procedures or processes for accessing MyCornmarket.

4.2 While Cornmarket will use reasonable endeavours to minimise any inconvenience caused to the User the User accepts that these events may occur and that Cornmarket has no liability to it in the event of this happening. Where Cornmarket changes authentication procedures for accessing MyCornmarket then Cornmarket may introduce these procedures by giving instructions to the User via MyCornmarket or any other system in respect of which such procedures are being introduced or via post or email.

4.3 Depending on the update, you may not be able to use MyCornmarket until you have downloaded the latest version of the App, where appropriate.

5. Security

5.1 Your Username and Password have been provided by us directly to you by email. You must not in any circumstances disclose any details regarding your Username and Password to any other person.

5.2 Should you know or think it possible that your Username and Password have become known to any other person you will immediately and without delay amend your Password through MyCornmarket.

5.3 You accept that electronic communications including the internet may not be secure and communication via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence, Cornmarket cannot guarantee the privacy or confidentiality of communications via such media although Cornmarket has put in place security measures to protect these methods of communications.

5.4 You shall disconnect and exit from MyCornmarket when not using the service.

5.5 You shall keep all Mobile Devices secured and before you replace or dispose of a Mobile Device, you shall ensure that that Mobile Device is no longer registered to use MyCornmarket and delete the MyCornmarket App from that device.

5.6 You are solely responsible for maintaining the confidentiality and security of your mobile device and any information on your mobile device and / or accessible through MyCornmarket. Cornmarket shall not be liable for any loss or damage arising out of or in connection with your failure to do so.

6. Equipment

6.1 The equipment necessary for you to access MyCornmarket shall be provided and be maintained by you and at your expense and Cornmarket may change the requirements for such equipment from time to time.

7. Indemnity

7.1 You undertake to Cornmarket to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimise the risk of unauthorised use of MyCornmarket. You agree to indemnify Cornmarket in full in respect of any loss or damages which may arise to Cornmarket, the User or any third party as a consequence of your non-compliance with this Agreement.

8. Instructions

8.1 Cornmarket shall be entitled, but not obliged, to record all communications from, or instructions given by, you to Cornmarket, or messages sent by Cornmarket to you through MyCornmarket, by email or SMS.

8.2 (a) You shall ensure that all instructions given by you to Cornmarket through MyCornmarket are accurate and complete, and that, where appropriate, you correctly identify the Record in relation to which a change is to be made. In particular, prior to confirming any instruction to Cornmarket, you shall ensure that the instruction which is relayed back to you confirming the instruction that you sent through MyCornmarket is the instruction which you intend to give, this includes but is not limited to occasions on which you are requested to indicate your acceptance of changes or instructions by being asked to ‘Save’ or ‘Confirm’.  Cornmarket is entitled to rely on any instruction from your using MyCornmarket and, for the avoidance of doubt, the processing by Cornmarket of any such confirmed instruction shall be final and binding. Cornmarket shall not be liable for any delay or error which arises from incomplete, unclear, inconsistent and/or mistaken instructions which you provide to Cornmarket.

(b) Once accepted by Cornmarket for execution an instruction may be irrevocable. However, without prejudice to sub-paragraph (a), if you wish to amend or cancel an instruction that you have given to Cornmarket, Cornmarket will, provided you give the instruction to make such amendment or cancellation in such form as Cornmarket may prescribe, use its reasonable endeavours to make such amendment or cancellation if it is possible for Cornmarket to do so. It may not be possible for Cornmarket to amend or cancel any instruction. You will be liable for any additional fees or expenses which arise out of any such amendment or cancellation, or any payment investigation initiated at your request.

(c) Cornmarket is authorised to provide the User with information in respect of all Data in relation to that User with any Cornmarket member where Cornmarket has agreed to do so and the User gives instructions to Cornmarket through MyCornmarket .

(d) Cornmarket is authorised to provide to you any or all of the Services which may be accessed and availed of through MyCornmarket in accordance with your instructions given to Cornmarket through MyCornmarket .

8. Instructions (continued)

8.3 You authorise Cornmarket to act upon any instruction received through MyCornmarket which has been transmitted using all or part of authentication process which Cornmarket may require to be used in connection with MyCornmarket without requiring Cornmarket to make any further authentication or enquiry.

8.4 When using the Services both Cornmarket 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 Cornmarket. Both Cornmarket and the User agree that the instructions, information, communications and/or authorisations given through  MyCornmarket shall be treated as satisfying any legal requirements for communication in writing.

8.5 Each time you give Cornmarket an instruction, you will be deemed to warrant that the instruction may be executed without breaching any law or regulation. Cornmarket shall not be obliged to act on any instruction which Cornmarket reasonably believes to be in breach of any law or regulation.

9. Communications

9.1 On registration or at any other time Cornmarket may request contact information in relation to you, such information may include email address and/or mobile phone number. You are providing this information on the understanding that Cornmarket may use the information to contact you. Consequently it is highly important that you ensure that any change in nature or use or security of the information provided is notified to Cornmarket and that generally all reasonable efforts are made to keep the information provided up to date. Cornmarket accepts no liability whatsoever in the event that you not keep your contact details up to date.

9.2 From time to time we may send you push notifications to your device, such as important date reminders, if you’ve chosen to accept push notifications in your device settings. We may also send you push notifications with information about other Cornmarket products and services that may be of interest to you if we have received your consent to send you marketing communications electronically. You can switch off and turn on push notifications at any time by updating the application settings on your device.

10. Charges & Fees

10.1 Subject to this agreement, where a fee is applicable to any of the Services provided through MyCornmarket that fee shall be charged at the appropriate rate specified in the relevant documentation.

10.2 All third party costs incurred by you in accessing and utilising MyCornmarket, including the cost of any mobile and all telephone calls, shall be at your expense.

11. Termination of the Agreement

11.1 Cornmarket may terminate the Agreement and withdraw MyCornmarket:

(a) on giving you at least 30 days prior written notice;

(b) immediately upon breach by you of any of the terms of this Agreement or where there are serious grounds for doing so;

(c) if you have not accessed MyCornmarket in any period of 13 consecutive months; or

(d) if Cornmarket reasonably believes that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

(e) if you die

(f) if we must do so to comply with any law.

11.2 This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving Cornmarket not less than 10 Business Days prior written notice to that effect, but without prejudice to your outstanding liability prior to the date of termination.

11.3 Cornmarket reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of Services. Cornmarket 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.

12. Variations of the Agreement

12.1 Cornmarket reserves the right to at any time to amend, supplement or replace these terms and conditions or to change the content, presentation, performance functionality and availability of any part of MyCornmarket as a result of changes in the Company’s policies, changes in technologies, to cater for new products, to comply with legal, taxation, or regulatory requirements or other circumstances affecting Cornmarket or the services it offers.

12.2 If you do not agree with any such changes, including the changes to the terms and conditions, you should cease to use MyCornmarket.

13. Notices

13.1 Save where expressly provided, any notice required to be given by the User to Cornmarket in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to Cornmarket Group Financial Services Limited, Christchurch Square, Dublin 8.

13.2 Save where expressly provided, any notice required to be given by Cornmarket to you in connection with the subject matter of this Agreement may be given by any of the following means: through the post, by electronic message through MyCornmarket , by email or by SMS.

14. Use of Information and Confidentiality

14.1 Subject to the terms of the MyCornmarket Privacy Statement, the Website Privacy Statement and the 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 the Central Bank or other competent statutory or regulatory authority, Cornmarket shall ensure that all confidential data held by Cornmarket in relation to MyCornmarket shall only be accessible to Cornmarket and its agents and shall be processed or used by them for purposes and in a way compatible with the discharge of Cornmarket’s obligations.

14.2 The User shall ensure that all information obtained from Cornmarket by the User relating to Cornmarket’s 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.

15. Intellectual Property & Copyright Notice

15.1 The intellectual property rights in all data, information, systems, processes or other material used by or developed by Cornmarket for the purposes of providing the Services or performing its obligations under this Agreement shall remain vested, or upon their creation vest, in Cornmarket or its licensors. The User shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.

15.2 Save where otherwise specified, the intellectual property rights and contents of all of the Website are owned by Cornmarket or its licensors and are © Cornmarket. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior written consent of Cornmarket, other than that a User may print or download one copy of the contents of the Website for personal non-commercial use.

16. Data Protection

16.1 Cornmarket is registered with the Data Protection Commission as a data controller / data processor and is conscious of its duties under applicable data protection legislation. 

16.2 Cornmarket will comply with its obligations under the Data Protection Act 2018 and all other applicable regulations. The MyCornmarket Privacy Statement, the Website Privacy Statement and the Data Privacy Notice published on the Website shall apply to the use of personal data relating to the User and shall form part of this Agreement.

16.3 Cornmarket cannot guarantee the privacy or confidentiality of any information communicated by mobile, and by using MyCornmarket you accept that communications may not be free from interference by third parties and may not remain confidential. 

16.4 You acknowledge that mobile communications service providers may be obliged to store message content for a period of time for legal reasons.  This obligation is covered in the terms and conditions of use published by the mobile communications service providers.

17. Temporary Withdrawal of Service

17.1 In the event of a breakdown, fault or malfunction of, or connection to, any system used in connection with MyCornmarket, or where there is a real or potential security risk, Cornmarket shall be entitled, without incurring any liability to the User, to temporarily suspend the relevant Services or access to MyCornmarket for such reasonable period as may be required to remedy, address or resolve the system issue.

17.2 Force Majeure: Cornmarket 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 Cornmarket’s duties and obligations occasioned by any act of God, 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 Cornmarket’s agents or third parties, or any other reason (whether or not similar in kind to any of the above) beyond Cornmarket’s control.

18. General

18.1 Notwithstanding any other provision in these terms and conditions,  Cornmarket 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. You acknowledge and agree that, to the extent permitted by law, Cornmarket shall not be liable for any loss, damage or other liability suffered by you or any third party which arises as a result of taking such action.

19. Governing Law

19.1 All relations established by Cornmarket with you 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.

20. Severability

20.1 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).

21. Waiver

21.1 Any waiver by Cornmarket 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 Cornmarket’s part to exercise or avail of any right, power or privilege that Cornmarket has or may have, operate as a waiver of any breach or default by you.

22. Language

22.1 The Agreement and all other documentation which will be provided by Cornmarket to communicate with you throughout the duration of the Agreement will be prepared in the English language, and all communications between Cornmarket and you will also be conducted in the English language.

23. Currency

23.1 All values, transactions and prices displayed on MyCornmarket are in EURO (€) currency.

24. Hyperlinks

24.1 Cornmarket accepts no responsibility for information contained in any other sites which can be accessed by hypertext link from these pages or for these sites not being available at all times. Please note that when you click on any external site hypertext link you will leave the Cornmarket site or MyCornmarket. We are not responsible for anything mentioned on or linked to this site by any third party over which we have no control. No one may link into this site without our prior written consent.

24.2 Where a link to a non-Cornmarket website exists which has not been authorised by Cornmarket, Cornmarket will not be responsible or liable in any way for the content of such linked website including any products, services or other items offered through that website.

25. Advice

25.1 The pages of MyCornmarket are for information only and do not constitute financial, or other professional advice in any way. We recommend you seek advice from a financial consultant before making any financial or investment decisions. More details and full terms and conditions for all our products are available on request. You are advised to contact your local Cornmarket consultant, or other professional advisor with respect to your personal financial situation, prior to making any such decision concerning your finances.

26. Disclaimer for Accuracy of Information

26.1 Care has been taken in the preparation of the information contained on MyCornmarket. However, we do not make any representations or warranties as to the accuracy, completeness, timeliness, merchantability, fitness for a particular purpose of the information contained on MyCornmarket. Any information whether or not it is classified as "real time" may have stopped being current by the time it reaches you. Any opinions or comments expressed on this Website reflect our judgement at the date of issue and are subject to change without notice. Any pricing is indicative and does not, and is not intended to, constitute either an offer to buy or sell or a representation that a purchase or sale can be effected at that price.

27. Regulatory Information

27.1 Cornmarket Group Financial Services Limited is regulated by the Central Bank of Ireland. Cornmarket is a member of the Irish Life Group Ltd. which is part of the Great-West Lifeco Group of companies. A copy of the Cornmarket Terms of Business Booklet is available at www.Cornmarket.ie.  Postal queries can be sent to Cornmarket Group Financial Services Ltd., Christchurch Square, Dublin 8. Telephone calls may be recorded for quality control and training purposes.

27.2 Please note that the Cornmarket Tax Return Service is a tax based service and not a regulated financial product. The Cornmarket Tax Return Service is provided by Cornmarket Retail Trading Ltd. which is a wholly-owned subsidiary of Cornmarket Group Financial Services Ltd.