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. 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.
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 Website and the trust deed, the governing rules in the trust deed will prevail. You can obtain a copy of the trust deed by contacting AustralianSuper.
Nature of advice
The information provided on the Website is of a general nature only and does not take into account your 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 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. AustralianSuper will not accept any responsibility for any loss or damage caused by reliance on the information provided on the Website.
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 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 do not constitute an endorsement of the information made available through those websites. 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, currency 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.
We hereby disclaim, to the maximum extent allowed by law, any warranties, either 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 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 consequential, indirect, 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 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.
AustralianSuper does not warrant that the Website, or any material contained in or obtained through it, is error- or virus-free.
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.
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 acts committed using your account unless and until you notify us in accordance with these Terms.
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.
Except where otherwise stated, all copyright and other intellectual property rights 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 or alter in any way the information and material provided without our prior written consent.
Use of the Website
You may not use the information on the Website in any way that is unlawful. In particular, you may not use the Website or the information on the Website to:
- defame, abuse, harass, stalk, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate, use any automated scripting tools or software;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
- 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;
- impersonate any person or entity; or
- breach any applicable laws or regulations.
If you have any queries about these Terms, please contact the AustralianSuper Compliance Manager on (03) 8648 3900.