These are the Terms and Conditions upon which AXA's information and management service (hereafter the Internet Service) is made available to some or all of the Employer's employees, to provide them with secure access to the management functions of the occupational pension scheme via a computer connected to the Internet.
The Internet Service is provided exclusively for and under the conditions of the occupational pension scheme set up by the Employer with AXA.
The Internet Service enables various operations to be carried out, including:
-) Membership applications, change of personal contributions, portfolio switching, etc;
-) Consultation of pension savings account;
-) Consultation of financial information on investment funds;
-) Statements of vested rights and insured benefits;
-) Printouts of pension rules, forms, etc.
Access to the Internet Service
AXA will configure the Member's personalised access after acceptance of the present Term and Conditions of Use.
A Username and Password shall be assigned to the Member. They shall be sent to the Employer by AXA and distributed by the Employer to the Member in a confidential and secure way. The Member must make every effort to ensure that the Username and Password remain confidential and are not disclosed to anyone.
The Member shall have access to a 'password management' function to change his Password; he must do so at his first login.
The Member is solely responsible for all consequences of any kind resulting from any unlawful, improper or abusive use of the Internet Service due to a failure to comply with the foregoing security instructions.
The Member shall notify the Employer and AXA as soon as possible of a lost or forgotten of the Username or Password to enable AXA to block his access and to assign a new Password to the Member, distributed on AXA's behalf by the Employer.
Termination of access to the Internet Service
Access to the Internet Service shall be terminated by the severance of the contract of employment between the Member and the Employer, either on the date requested by the Employer or at the latest, on the date of termination of the employment contract.
Access to the Internet Service shall likewise be terminated the day the agreement between the Employer and AXA governing the use of the Internet Service is revoqued.
Access to the Internet Service shall be automatically terminated by and on the date the occupational pension scheme set up by the Employer with AXA is terminated.
Validation by electronic signature
As the Username and Password are secret, the Member agrees that he is deemed to be the person making all requests relating to the occupational pension scheme.
The validation and confirmation of such requests shall serve as an electronic signature between the parties equivalent to a handwritten signature.
Proprietary rights - Reproduction
The information and data provided by the Internet Service are the exclusive property of AXA. They are protected by the legislation relating to copyright, brand rights and intellectual property rights.
None of the information provided by the Internet Service may be reproduced, used or distributed for the benefit of third parties (i.e., any person other than the Member) without the prior consent of AXA.
Security and continuity of the Internet Service
AXA shall take the utmost care to ensure the security and continuity of the Internet Service and to only provide information and data obtained from what appears to be reliable sources.
Because of the specific characteristics of the Internet, the Member accepts and understands that AXA nevertheless gives no warranty whatsoever as to the accuracy, quality and completeness of such information and data.
AXA may likewise from time to time improve, supplement modify or terminate without notice the services provided, in particular as a result of changes to or the termination of the supplementary pension scheme set up by the Employer with AXA.
AXA shall incur no liability as a consequence of the suspension or extended interruption of such services for whatever cause.
In compliance with the Personal Data Processing (Protection of Individuals) Act of 02/08/2002, the Member expressly and specifically consents to AXA (the processor) the right to record and process his data.
Unless requested otherwise by him, such data may be processed for the purposes of new business development provided such use involves no disclosure to third parties to the insurance contract.
AXA may divulge such data to third parties in the circumstances and in accordance with the procedures and conditions laid down in section 111-1 of the Insurance Business Act of 06/12/1991, as amended, concerning confidentiality in insurance matters.
The Member has the right to access and correct his data, which will be kept throughout the duration of the supplementary pension scheme and until the end of the legal period of limitation in insurance matters.
Applicable law and court of jurisdiction
This agreement is governed by the law of Luxembourg. The courts of Luxembourg shall have sole jurisdiction over any disputes arising in connection with it.