Terms of Use & Disclaimer 

This website is provided by AustralianSuper Pty Ltd ABN 94 006 457 987, AFSL 233788, Trustee of AustralianSuper ABN 65 714 394 898 (referred to below as AustralianSuper, we, us or our). The following terms (Terms) apply to your use of this website and/or any other services that we provide in connection with the website (Website). We reserve the right at any time to modify, update or otherwise alter these Terms. By accessing and using the Website, you are deemed to have read and agreed to these Terms, as they exist at that time of your access or use. We recommend that you visit this page from time to time to review the current Terms. If you do not agree to these Terms, you must cease accessing and using the Website immediately.

Trust deed

A legal document, called the trust deed, and certain legislation (including superannuation legislation), governs the operation and management of AustralianSuper. Where there is a discrepancy between the information on the Website and the trust deed, the governing rules in the trust deed will prevail. You can view a copy of our trust deed on the website or obtain a copy of the trust deed by contacting AustralianSuper.

Nature of Information

The information provided on the Website is of a general nature only and does not take into account your personal objectives, financial situation or specific needs. The information on the Website does not constitute financial, investment, professional, legal or taxation advice. You should not rely on this information without first contacting AustralianSuper to confirm its completeness and, where necessary, obtain independent advice. You should assess your own investment objectives, financial situation and needs, read the relevant Product Disclosure Statement for the products and consult an adviser if required before making an investment decision or a decision to acquire products on the Website. Refer to our Target Market Determinations (TMDs) which are documents that outline the target market a product has been designed for. Find the TMDs at australiansuper.com/tmd AustralianSuper will not accept any responsibility for any loss or damage, whether direct, indirect or consequential, arising out of or in connection with any use or reliance on the information provided on the Website.

Other things to consider

In addition to being aware that the Website contains general information only, you should take note of and understand the following information:

  • Past performance information detailed on the Website is not a reliable indicator of future performance and future returns are not guaranteed;
  • Combining or consolidating your super should only be undertaken after you investigate if any fees or charges may apply, or any other impact that combining your super may have on your benefits, such as insurance. If you wish to claim a tax deduction for personal super contributions, you must lodge a notice of intent to claim a tax deduction with your other fund, before you combine your super;
  • You should consider your debt levels and the contribution caps that are currently in place, before deciding to add to your super;
  • The strategic asset allocation information shown is the most up to date available. AustralianSuper may change the strategic asset allocation or the composition of individual asset classes from time to time to suit prevailing market circumstances;
  • The investment management fees are calculated in arrears as at 30 June each year and may change from year to year; and
  • References to receiving advice are made throughout the Website. Advice may be provided under the Australian Financial Services License held by a third party and will be their responsibility. Where this arrangement is in place, you will be made aware of which licensee is providing you with advice. You should consider seeking financial advice before making decisions on matters relating to your superannuation.

Third party products

Some products and services offered on the Website are provided by third party organisations, not us. We are not responsible for the products or services, views or actions of these organisations. You should use your own judgement, and where applicable seek professional advice, before taking up any product or service offered by a third party. Terms and conditions may apply to these products or services, which should be obtained from the third party. We do not accept liability for any loss or damage incurred by the products or services provided by these third parties.

Third party websites

This Website may contain links to other websites which are operated by third parties and may have their own terms and conditions of use. These links are provided “as is” and for your convenience and information purposes only and do not constitute an endorsement, approval or recommendation of the information, graphics and material made available through those websites. We have not verified, and to the extent permitted by law, are not responsible for, the content of any other websites or pages linking to the Website. Where such material is provided, the views expressed in this material do not necessarily reflect the official policy of AustralianSuper.

We do not make any warranty or representation as to the quality, accuracy, completeness, currency, functionality or fitness for purpose of any information or materials contained on websites linked from or to this Website.

You acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by the use of or reliance on the content of the links and/or websites contained in the Website. By providing links to other sites, AustralianSuper does not warrant that those sites or any material contained in or obtained from those sites is error- or virus-free. Following links to any other pages or websites is done so at your own risk.

Disclaimer

We hereby disclaim, to the maximum extent allowed by law, any warranties or representations, either statutory, express or implied, with respect to these Terms or the Website, including but not limited to warranties of accuracy, completeness, non-infringement or usefulness of the Website. However, we do not exclude or limit any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.

If a supply under these Terms is a supply of services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the resupply of the services or payment of the cost of resupplying the services.

To the fullest extent possible and subject to our liabilities and obligations under the ACL:

  • we provide the Website on an “as-is” basis and on the condition that you are responsible for assessing the accuracy and completeness of the content of the Website and you rely on the content at your own risk; and
  • we will have no liability to any party whatsoever in respect of any errors, action or inaction taken or thing done or omitted to be done by any party or person in reliance, either partial or whole, on the Website or any information or materials contained on the Website.

We will not be liable to you for, and you hereby release us in respect of, any and all injury, loss or damage (including any direct, indirect, consequential, punitive, special or incidental damages), howsoever arising or relating to your (or any third party’s) use of or inability to use the Website or use of or reliance upon information or materials contained on the Website (and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty).

Accuracy of information

AustralianSuper does not give any warranty as to the accuracy, completeness or currency of the information provided on this Website. Although AustralianSuper makes every reasonable effort to maintain current and accurate information, you should be aware that there is still the possibility of inadvertent errors and technical inaccuracies.

We may also from time to time amend, update or change these Terms and any material or conditions that appear on the Website without prior notice.

AustralianSuper does not warrant that use or access of the Website will be uninterrupted or error free or that the Website, or any material contained in or obtained through it, is free from system failures, errors, viruses or other dangerous components.

Accessibility

We do not warrant or represent that the Website will be accessible by you or available at any particular time or at all and as such you may not always be able to access this Website, whether because of scheduled or unscheduled downtime, or for other reasons. You should take this into account in time-sensitive circumstances, such as changing your investment choices, or when you need to provide information to AustralianSuper by a particular date or time.

User accounts

If you have a user account on the Website you:

  • must reasonably safeguard your login details;
  • notify us immediately if you consider your login details have been obtained or used by a third party without your authorisation; and
  • acknowledge and agree that you will be solely responsible for any actions, omissions or instructions issued using your account unless and until you notify us in accordance with these Terms.

Jurisdiction

The content of this Website has been prepared for residents of Australia and, as a result, all currency references are shown in Australian dollars unless otherwise stated. If you are accessing the Website in any other country, you should check whether you are entitled to access the Website. AustralianSuper does not accept any liability from your accessing the Website outside of Australia.

These Terms will be governed in all respects by the laws of Victoria, Australia.

You submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts of appeal from them.

Privacy policy

Any personal information that we collect through the Website will be treated in accordance with our Privacy Collection Statement and our Privacy Policy (Our Privacy Policies), both of which are available to view on the Website and form part of these Terms. Our Privacy Policies may change from time to time. Our Privacy Policy includes details of our use of cookies and guidelines covering links to third parties' websites.

Intellectual property

Except where otherwise stated, all copyright and other intellectual property rights (whether registered or not) in all material and information contained on the Website belong to and remain the property of AustralianSuper. You may use the information on this Website as permitted under the Copyright Act 1968 (Cth) provided that you retain all copyright and other proprietary notices on that material. Otherwise, you may not use, copy, reproduce, store, alter, distribute or transmit in any way the information and material provided without our prior express written consent.

Use of the Website

Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (and must not attempt to or authorise any other person to) directly or indirectly:

  • copy, alter, amend, modify, add to, merge, store, print, publish, distribute, commercialise, adapt, create derivative works from, adversely affect, reverse engineer, hack or insert malicious code onto the Website or any content on the Website, including but not limited to extracting data from the Website through any automated means;
  • reverse engineer, decompile, dissemble or otherwise attempt to discern the source code of the Website;
  • combine the whole or any part of the Website with any other software, data or material;
  • remove, alter, circumvent or tamper with any trade marks, copyright notices, technological protection devices, disclaimers or other legal notices on the Website;
  • cause anything to occur that may disrupt the availability of the Website or any other service, or engage in hacking relating to the Website;
  • use any part of the Website for any commercial gain;
  • engage in any conduct which is in AustralianSuper’s opinion illegal, fraudulent, defamatory, abusive, offensive or would infringe another person's rights, or that we otherwise deem to be inappropriate or a misuse of the Website;
  • send commercial electronic messages or any other unsolicited communications of any kind to any person using, or in connection with, the Website (or use information obtained from the Website in order to do so); or
  • use the Website in any way which infringes on any intellectual property rights.

In addition to the above, You must not use the information on the Website in any way that is unlawful. In particular, you must not use the Website or the information on the Website:

  • to access or collect personal data about other users;
  • for any criminal, unlawful or negligent purposes or to defame, abuse, harass, stalk, threaten or otherwise offend others;
  • to publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • with any automated scripting tools or software;
  • to engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
  • to upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware including the Website;
  • to impersonate any person or entity; or
  • in breach of any applicable laws or regulations.

Social Media House Rules

For completeness, the separate terms and conditions that apply to any participation in our social media communities are found here.

General

If any part of these Terms is invalid or unenforceable, that part will be severed and will not apply, but the remainder of these Terms will continue to operate in full force and effect.

Questions

If you have any queries about these Terms, please contact us.

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