Terms of Use & Disclaimer

This mobile application 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 we, us or our). The following terms (Terms) apply to your use of this mobile application and/or any other services that we provide in connection with the mobile application (App). We reserve the right at any time to modify, update or otherwise alter these Terms. We publish the current version of the Terms in the latest version of this App, or you may obtain a copy by contacting us. We recommend that you check for updated Terms from time to time. By accessing, installing and using the App, you are deemed to have read and agreed to these Terms, as they exist at that time. You agree that any updated Terms will apply from the time that they are published in the latest version of the App. If you do not agree to these Terms, you must cease accessing and using the App and uninstall it from your device immediately.

1. The App

You must only use the App with a compatible iPhone, Android or Windows mobile device. The App offers a fast, simple and convenient means of checking and/or updating the details of your superannuation account with us (Account).

You may only utilise the full functionality of this App if you have an Account and you have registered online to use the AustralianSuper website.

The App is provided as an optional benefit to you and we will not be liable in any way for any loss or damage suffered by you through the use of the App or our failure to maintain or make available the App.

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 into the App or any content in the App, including but not limited to extracting data from the App through any automated means;
  • reverse engineer, decompile, dissemble or otherwise attempt to discern the source code of the App;
  • combine the whole or any part of the App 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 in the App;
  • cause anything to occur that may disrupt the availability of the App or any other service, or engage in hacking relating to the App;
  • use any part of the App for any commercial gain;
  • engage in any conduct which is in our opinion illegal, fraudulent, defamatory, abusive, offensive orwould infringe another person's rights, or that we otherwise deem to be inappropriate or a misuse of the App;
  • send commercial electronic messages or any other unsolicited communications of any kind to any person using, or in connection with, the App (or use information obtained from the App in order to do so);
  • use the App in any way which infringes on any intellectual property rights.

In addition to the above, you must not use the App (or authorise any other person to use the App):

  • 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 App;
  • to impersonate any person or entity; or
  • in breach any applicable laws or regulations.

2. User accounts

Your Account contains sensitive financial and personal information which can be accessed through the App. In order to safeguard that information, you must take the following precautions:

  • if you nominate a PIN, use a number that is not obvious or cannot be easily guessed and memorise that PIN as soon as possible;
  • do not tell anyone your Account login details or PIN and do not keep a record of these details on your mobile device;
  • reasonably safeguard your login details and password (and if applicable, any PIN) to your Account;
  • only install approved applications on your mobile device; and
  • notify us immediately if you consider your login details, password or any PIN have been obtained or used by a third party without your authorisation.

You 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.

The App allows you to store your username so that you are not required to input your username each time you login to the App. While this is a convenient feature, you acknowledge that by enabling this feature you understand the risks associated with storing your username in the App. For example, a third party using your mobile device will not need to input your username and will only need your password to access your Account.

While we have implemented industry standard security features (such as two way encryption) into the App, we cannot guarantee the privacy, security and integrity of the App, your Account or any information or data provided by you (including biometric data) or your device to us or our services (or vice versa), including through the normal functioning of the App. You acknowledge and agree that we will not be liable for any loss or damage, whether direct, indirect or consequential, arising out of or in connection with any failures in this regard.

3. Fees and charges

We do not charge fees to use the App.

However, the App requires an Internet connection to operate. Therefore, you may incur data and other charges from your mobile service provider for downloading and using the App. The payment of any such fees is your sole responsibility and you agree that we are not liable or responsible for any such fees or charges.

4. Nature of advice

The information provided in the App that is not linked to your Account is of a general nature only and does not take into account your objectives, financial situation or specific needs. The information on the App does not constitute financial, investment, professional, legal or taxation advice. You should not rely on this information without first contacting us to confirm its completeness and, where necessary, obtain independent advice. Prior to making an investment decision or a decision to acquire products in the App, you should assess your own investment objectives, financial situation and needs, read the relevant Product Disclosure Statement for the products and consult a financial adviser. We 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 in the App.

5. Other things to consider

You should take note of and understand the following information:

· past performance information detailed on the App 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 exit fees may be applied by your existing fund, or any other information that combining may have on your benefits, such as insurance, before making a decision;

· you should consider your debt levels and the contribution caps that are currently in place, before deciding to add to your super;

· any strategic asset allocation information shown is the most up to date available. We 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;

· references to receiving advice may be made throughout the App. 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; and

· we do not warrant that use or access to this App will be uninterrupted or error free or that the App is free from system failures, errors, viruses or other dangerous components.

6. Notifications

We may send notifications via a push notification service or other reminder mechanism or via SMS. Push notifications will be sent to any compatible mobile device on which you have installed the App with push notifications enabled.

You can enable or disable push notifications via your mobile device settings.

You agree to receive notifications and acknowledge that their delivery may be subject to the quality of your connection. All notifications will be sent to you and managed in accordance with our Privacy Policy. We reserve the right to suspend or discontinue notifications at any time without notice.

7. Biometric Authentication

Some mobile devices may enable biometric authentication, which is method of verifying your identity by using unique biological characteristics, such as fingerprints or facial data (Biometric Authentication). If the App is installed on a mobile device that allows Biometric Authentication, you will be able to log into your Account via Biometric Authentication instead of using a password.

We do not collect or store any of your biometric data, it is stored on your mobile device.

You must not enable Biometric Authentication if you have any biometric data stored on your mobile device other than your own. If you allow another person's biometric data to be stored on your mobile device, they will be able to access your Account via the App by using Biometric Authentication and you will be responsible for their actions in using the Account, including the breach of any of these Terms as if you had accessed the Account yourself. We will not be liable for any loss or damage, whether direct, indirect or consequential, arising in these circumstances.

We are not responsible for any malfunction relating to the Biometric Authentication system.

8. Third party websites

The App may contain a number of 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 App. Where such material is provided, the views expressed in this material do not necessarily reflect our official policy.

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 App.

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 App. By providing links to other sites, we do 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.

9. 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 App, including but not limited to warranties of accuracy, completeness, non-infringement or usefulness of the App. 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 App on an “as-is” basis and on the condition that you are responsible for assessing the accuracy and completeness of the content of the App 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 App or any information or materials included in the App.

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 App or use of or reliance upon information or materials included in the App (and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty).

10. Accuracy of information

We do not give any warranty as to the accuracy, completeness or currency of the information provided through this App. Although we make 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 App without prior notice.

We do not warrant that the App, or any material included in or obtained through it, is error- or virus-free.

11. Accessibility

We do not warrant or represent that the App 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 App, whether because of scheduled or unscheduled downtime, or for other reasons. You should take this into account in time-sensitive circumstances, such as when you need to provide information to us by a particular date or time.

12. Jurisdiction

The content of this App 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 App in any other country, you should check whether you are entitled to access the App. We do not accept any liability from your access of the App 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. If a court of law determines that a provision of these Terms is invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

13. Privacy policy

You acknowledge that we may collect your personal information in order to facilitate use of the App. Any personal information that we collect through the App 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 AustralianSuper website or within Settings of this App and form part of these Terms. Our Privacy Policies may change from time to time.

14. Intellectual property

Except where otherwise stated, all copyright and other intellectual property rights (whether registered or not) in the App and all material and information included in the App belong to us and remain our property. You may use the information included in this App 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.

15. Indemnity

You agree to indemnify us, our related bodies corporate, directors, agents, consultants and employees for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) (collectively, “ Loss”) arising out of or in relation to your use of the App and/or any breach by you of these Terms, except to the extent that the Loss was caused by us.

16. Termination

These Terms and your access to, or use of, all or part of the App may be terminated at any time by us without prior notice. All restrictions, disclaimers and limitations of liability by us will survive termination.

Without limiting the foregoing, we may discontinue support for the App or withdraw its availability at any time. In the event of termination all restrictions, disclaimers and limitations of liability by us will survive.

17. 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.

A legal document, called the trust deed, and superannuation legislation govern the operation and management of AustralianSuper. Where there is a discrepancy between the information on the App and the trust deed, the governing rules in the trust deed will prevail. You can obtain a copy of the trust deed by contacting us using the following link: https://www.australiansuper.com/contact-us/email-us and including the enquiry topic “Terms of Use”.

18. Questions

If you have any queries about these Terms, please contact us using the following link: https://www.australiansuper.com/contact-us/email-us and including the enquiry topic “Terms of Use”.

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