Terms & conditions
Holden Employees Superannuation Fund
It is important you read and agree to the following Terms and Conditions before you use this website, www.holdensuper.com.au ("Site"), as you will be bound by them whenever you access, browse or use the Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and accepted these Terms and Conditions.
Please read these Terms and Conditions carefully and be aware that we may change them at any time. We last revised these Terms and Conditions on 7 March 2014.
This website is made available by Mercer Outsourcing (Australia) Pty Ltd ABN 83 068 908 912, Australian Financial Services Licence #411980, on behalf of Holden Employees Superannuation Fund Pty Ltd ("Trustee") as Trustee for the Holden Employees Superannuation Fund ("Fund"), ABN 77 289 319 006. 'MERCER' is a registered trademark of Mercer (Australia) Pty Ltd ABN 32 005 315 917.
This Site provides general financial product advice which has been prepared without taking into account your objectives, financial situation or needs. Therefore, before acting on the advice, you should consider whether it is appropriate to your personal circumstances, objectives, financial situation and needs. It is prudent to consult a financial planner before making an investment decision.
Please also read the Privacy Policies of the Trustee and Mercer, which set out how we collect, use and disclose personal or sensitive information about you.
The information contained in the Site is based on the most up to date data received by the Provider. The site is not updated in real time and so transactions and other changes made to your account may not be shown.
These Terms and Conditions do not apply to web sites the Provider and Trustee do not own or operate.
In accessing, browsing or using this Site you acknowledge and agree:
- Any personal or sensitive information you provide via the Site will be collected, used and disclosed in accordance with the Privacy Policies of the Trustee and Mercer.
- If the Trustee has requested that you be able to view and/or change your superannuation account ("Account") details via the Site ("Service") and the Provider has agreed to permit you to use the Service, you are provided with a confidential Member Number and Personal Identification Number ("PIN") that will permit access to the Service.
- You acknowledge that access to your Account and/or Fund information (as the case may be) will be provided through this Service to any person using your PIN. You must therefore do everything necessary to protect your PIN from disclosure to any other person.
- Any action or request made by the user of your PIN ("Instruction") will be deemed to have been made by you and the request will be carried out by the Provider without further enquiry. You will be responsible for all Instructions and any consequential transactions using your PIN whether authorised by you or not. Neither the Trustee nor the Provider shall be liable for acting on an Instruction.
- Unless you are a Trustee Service User or an authorised Mercer employee, you will not attempt to access any superannuation account details that do not relate to you personally and will contact us ("Site Contact") immediately if you become aware of any such unauthorised access or attempted access. A Trustee Service User is a person who has been authorised by the Trustee to be able to view the superannuation account details of other members of the Fund via the Site ("Trustee Service"). An authorised Mercer employee is a person who has been authorised by Mercer to be able to view the superannuation account details of members of the Fund via the Site. If you are a Trustee Service User or authorised Mercer employee you will not attempt to access any superannuation account details beyond the level of access permitted by the Trustee and Provider and only for the purposes of your role and will immediately notify the Site Contact if you become aware of any unauthorised access or attempted access.
- You must notify the Site Contact immediately if you become aware that your PIN has been lost or forgotten. A new PIN will be provided to you.
- Upon request by the Provider or in the event of clauses 4 or 5 occurring, you must immediately change your PIN.
- You will notify the Site Contact in writing if you want your access to the Service suspended or cancelled at any time.
- Access to your Account may be temporarily unavailable via the Site during scheduled maintenance windows. These occur on a nightly basis between 11:30pm Australian Eastern Time (AET) and approximately 12:30am (AET). They also occur each Wednesday between 8:00am and 9:00am (AET). Any interruption to the Service is expected to be for a short period only during these windows. Scheduled downtime outside of these windows will be notified on the website ahead of time.
- Your use of the Service or Trustee Service may be interrupted, varied, suspended or cancelled by the Provider at any time without notice or for reasons beyond the Provider's control and you agree that the Provider and the Trustee will not be liable for any interruption, variation, suspension or cancellation of the Service.
- The Service content has been compiled in good faith by the Provider but no guarantee is given (either express or implied) regarding reliability, timeliness, completeness or accuracy of the Account and/ or information at any particular time. All information available via the Service is subject to change without notice.
- In addition, certain information at this Service belongs to parties other than the Provider. The Provider does not claim authorship of such information and duly acknowledges the copyright of other parties where applicable. Neither the Trustee nor the Provider shall be liable if you rely on any information obtained via the Service.
- While the Provider will endeavour to keep the Account and information available via the Service up to date, there will be times when this is not the case. The Provider is entitled to treat any information received from you as reliable, accurate, complete and up to date.
- You must not rely upon, act upon, give or make available to another person any Account and information (whether electronic or otherwise) from this Service without first having that Account and/or information verified in writing by the Provider.
- By activating any hyperlinks in this Site, you may leave this Site and go to other websites that are not under the control of the Trustee or the Provider. The Trustee and the Provider does not accept any responsibility or liability in respect of material contained in other websites and does not by including the hypertext link endorse the site or the information available at such a site. Those links are provided for convenience only. You enter those sites at your own risk as the content or accuracy of the information has not been reviewed or checked by the Trustee or the Provider. The terms and conditions that apply to those websites may be different to the Terms and Conditions set out here and those terms and conditions will govern the use of information you access or obtain from those websites.
- The Service is intended for use by persons accessing the Site from within Australia. All currency references are shown in Australian dollars unless otherwise specified. This Site is governed by and is to be interpreted in accordance with the laws of Victoria, Australia.
- The Provider uses reasonable efforts to maintain the Service and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorised access, destruction, misuse, modification and improper disclosure. The information you enter on the Service or access via the Service is stored securely by the Provider on its data servers however you acknowledge no computer system or information can ever be fully protected against every possible hazard and neither the Trustee nor the Provider shall be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of your data.
- You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Service when accessing, providing or downloading information via this Service.
- Except to the extent required by law, the Provider and its related companies and the Trustee make no representations or warranties, express or implied that the Service, Trustee Service are fault free or as to the continuity, accessibility, reliability or efficiency of the Service, Trustee Service prior to, during or after your acceptance of these Terms and Conditions, or the suitability of the Service, Trustee Service to your needs and will accept no responsibility arising in any way (including for negligence) for errors in, and omissions or otherwise for any loss or damage of any kind at all (including consequential loss) arising directly or indirectly out of the provision or use of, or inability to use the Service, Trustee Service. You enter into this Agreement at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by the Provider, any related company of the Provider or the Trustee.
- Neither the Provider nor the Trustee will be liable if you breach these Terms and Conditions or your use of the Service causes loss, damage or injury to You or any other person or entity. You agree to indemnify the Trustee and the Provider and/or any related company from and against all such loss, damage, injury and expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from a breach by You of the terms and conditions of this Agreement or Your use of the Service.
- If any provision of these Terms and Conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these Terms and Conditions will continue to be legal and enforceable.
- Except where otherwise stated, the copyright and intellectual property rights relating to the content of this Service belong to and remain the property of the Provider. The granting of access to the Service by the Provider does not create or imply a license or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these Terms and Conditions, unless authorised by the written consent of the Provider.
- The performance of the investments contained on or referred to in this Service are not guaranteed by the Provider, any of its related companies, the Trustee or the relevant plan managers. The investments are subject to the rise and fall of the market. Past performance is not indicative of future performance.
- Material at the Service may contain general information about the Provider's goods and services. This information does not constitute an offer or inducement to enter into a legally binding contract.
- For the purposes of this Clause "Messages" means all mail items of any description transmitted by electronic means between the Provider and you via the Service. You acknowledge that you may submit Messages to the Provider and that you are responsible for confirming receipt of the Message by the Provider. If you do not receive confirmation of receipt or response from the Provider regarding your Message you should assume that the Message was not received by the Provider and you should re-send the Message or follow up the Message by other means.