TERMS AND CONDITIONS
This website, www.mercerfinancialservices.com ("Site"), is owned and provided by Mercer Outsourcing (Australia) Pty Ltd ('Provider') ABN 83 068 908 912 Australian Financial Services Licence #411980. Mercer Superannuation (Australia) Limited ('Trustee') ABN 79 004 717 533, Australian Financial Services Licence #235906 is the trustee of the Mercer Super Trust ('Fund') ABN 19 905 422 981. 'MERCER' is a registered trademark of Mercer (Australia) Pty Ltd ABN 32 005 315 917. Mercer financial advisers are authorised representatives of Mercer Financial Advice (Australia) Pty Ltd ABN 76 153 168 293 ("MFAAPL"), Australian Financial Services Licence #411776. See our Financial Services Guide for information about the financial services the Provider, the Trustee and/or any Related Body Corporates are able to offer. For information about our offering from MFAAPL offering, please see the Financial Services Guide.
MERCER SUPER TRUST
It is important you read and agree to the following Terms and Conditions before you use the Site, as you will be bound by them whenever you access, browse or use the Site. By accessing, browsing, or using the 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 therefore encourage you to read them on a regular basis. We last revised these Terms and Conditions on 22 September 2020.
The Site provides general financial product advice which has been prepared without taking into account your objectives, financial situation or needs. Therefore, before acting on any information found on or through the Site, 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.
Before making any investment decision, you should read and consider the Product Disclosure Statement ("PDS") or Member Kit for any products you are considering, and other materials applicable to your membership in the Mercer Super Trust. A copy of the relevant PDS is available on our website at mercersuper.com/documents or by contacting us.
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 websites that the Provider, the Trustee or Related Bodies Corporate of the Provider or the Trustee do not own or operate.
In accessing, browsing or using the Site you acknowledge and agree that:
- 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 personal login details that will permit access to the Service.
- Access to your Account and/or Fund information (as the case may be) will be provided through this Service to any person using your personal login details. You must therefore do everything necessary to protect your personal login details from disclosure to any other person.
- Any action or request made by any user of your personal login details ("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 personal login details whether authorised by you or not. Neither the Trustee nor the Provider shall be liable for acting on an Instruction.
- You must notify us immediately if you become aware that your personal login details has been lost, stolen or forgotten, or has become available or known to any person other than yourself.
- The Site and Service content has been compiled in good faith by the Provider. However, no guarantee is given (either express or implied) regarding the reliability, timeliness, completeness or accuracy of the information contained on the Site or Service at any particular time. All information available via the Site and Service is subject to change without notice.
- Unless you have 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 User") or authorised by the Provider or a Related Body Corporate of the Provider to be able to view the superannuation account details of members of the Fund via the Site ("Authorised Provider User"), you will not attempt to access any superannuation account details that do not relate to you personally, and you will notify us immediately if you become aware of any such unauthorised access or attempted access. If you are a Trustee Service User or Authorised Provider User, 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 us if you become aware of any unauthorised access or attempted unauthorised access.
- Upon request by the Provider or in the event of clauses 4 or 5 occurring, you must immediately contact us.
- You will notify us in writing at the following address: Mercer Super Trust, GPO Box 4303, Melbourne, VIC 3001 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 generally occur on a nightly basis between 11:30pm Australian Eastern Standard Time/Australian Eastern Daylight Time (AEST/AEDT) and approximately 12:30am (AEST/AEDT). They also occur each Wednesday between 8:00am and 9:00am (AEST/AEDT). 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 and/or access to the Site or 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.
- Material on the Site and 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.
- You may submit Messages to the Provider and 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. 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.
- While the Provider will endeavour to keep the Account and information available via the Site and Service up to date, there will be times when this is not the case. The Trustee and the Provider are 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 or information (whether electronic or otherwise) from the Site or Service without first having that Account and/or information verified in writing by the Provider.
- By activating any hyperlinks in the Site or Service, you may leave the Site and go to other websites that are not under the control of the Trustee or the Provider. Neither the Trustee nor the Provider accept any responsibility or liability in respect of material contained in other websites, nor do the Trustee or the Provider, by including the hypertext link, endorse the website or the information available at such a website. Those links are provided for convenience only. You enter those websites 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 Site and Service are intended for use by persons accessing the Site and Service from within Australia. All currency references are shown in Australian dollars unless otherwise specified. The Site and Service are governed by and is to be interpreted in accordance with the laws of Victoria, Australia.
- The Provider uses reasonable efforts to maintain the Site and 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 Site or Service or access via the Site or 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, nor any Related Body Corporate of the Trustee or the Provider shall be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of your data and/or Account details.
- You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Site or Service when accessing, providing or downloading information via this Site or Service
- Except to the extent required by law, the Provider, its Related Companies and the Trustee make no representations or warranties, express or implied that the Site or Service are fault free or as to the continuity, accessibility, reliability or efficiency of the Site or Service prior to, during or after your acceptance of these Terms and Conditions, or the suitability of the Site or Service to your needs. Subject to any liability implied by statute, you accept that the Trustee, Provider and its Related Bodies Corporate will accept no responsibility arising in any way (including for negligence) to you or any other person or entity for errors, omissions, or otherwise for any loss or damage of any kind at all (including but not limited to any loss of profit, revenues, anticipated savings, business or investment opportunities, or any other indirect or consequential loss) arising directly or indirectly out of the provision or use of, or inability to use, the Site or Service or any error, incompleteness or inaccuracy of information available, any unauthorised use, computer hacking, software contamination, interruption, variation, suspension or cancellation of the Site or Service.
- You enter into these Terms and Conditions at your own risk and solely in reliance upon your own judgment and not upon any information or representation made by the Provider, the Trustee or any Related Body Corporate or their employees or agents.
- The aggregate liability of the Provider, the Trustee and any Related Bodies Corporate of the Provider or the Trustee for any direct or indirect loss or damage arising out of, in connection with or in consequence of your use of this Site or Service and these Terms and Conditions (including any negligence on our part) is limited to A$1000.
- Neither the Provider nor the Trustee will be liable if you breach these Terms and Conditions or if your use of the Site or 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 these Terms and Conditions or from your use of the Site or Service.
- The Provider or the Trustee may at any time unilaterally, and without prior notice or consent by you, prospectively change, modify, add or remove any portion of these Terms and Conditions in whole or in part. Changes in these Terms and Conditions will be effective at such date notified by the Provider or Trustee or if no date is nominated, on the date when the change is posted on the Site.
- 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 the Site and Service belong to and remain the property of the Provider. The granting of access to the Site or 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.
- Certain information on the Site or 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 Site or Service.
- The performance of the investments contained on or referred to in this Site and Service are not guaranteed by the Provider, the Trustee or any Related Bodies Corporate of the Provider or the Trustee. All investments are subject to investment risk, delays in repayment, loss of income and loss of capital invested. Past performance is not a reliable indicator of future performance. Prior to making investment decisions, you should seek advice from a licensed, or appropriately authorised, financial adviser.