eSuper Employer Terms and Conditions
The Health Super Fund
Health Super Pty Ltd in its capacity as trustee of the Health Super Fund provides an online service for employers to assist with the management of their superannuation obligations. This online service allows your business to supply and receive certain electronic data over the internet (eSuper).
Any access and/or use by you of eSuper are governed by these Terms and Conditions and before you access and/or use eSuper, you must agree to these Terms and Conditions. Please read them carefully.
1. Definitions
1.1 In these Terms and Conditions:
Account means a superannuation administration account established in eSuper in respect of any registered Employer;
Authorised User means the employees of a registered Employer who have been notified by Health Super as being authorised by that Employer to access and/or use eSuper;
Employer means the employer of a Member;
Health Super means Health Super Pty Ltd (ABN 97 084 162 489) acting in its capacity as trustee of the Health Super Fund;
Health Super Fund means Health Super Fund ABN 88 293 440 675;
Member means an employee of an Employer who is also a member of the Health Super Fund;
Password means the confidential set of characters which gives access to eSuper when used with your User Name;
Privacy Laws means any law, regulation or code concerning privacy which applies to the Employer including the Privacy Act 1988(Cth);
User Name means the confidential set of characters given to you by Health Super (or subsequently amended by you from time to time) which must be entered to identify you for the purposes of accessing and/or using eSuper; and
You and your means an Employer (and its Authorised Users permitted access to use eSuper) permitted to access and/or use eSuper in accordance with these Terms and Conditions.
2. Acceptance of Terms and Conditions
2.1 By clicking on the "I Accept the Terms and Conditions" button contained in clause 18 below, you acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions as amended from time to time.
2.2 The consideration for these Terms and Conditions is the mutual promises and commitments made between you and Health Super contained in these Terms and Conditions.
2.3 Health Super may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be legally binding on you once displayed on this website. You agree to be legally bound by these Terms and Conditions as amended and agree to review the Terms and Conditions before accessing and/or using eSuper.
3. Access to eSuper
3.1 To access and/or use eSuper you must be registered.
3.2 The method of registration will be determined by Health Super in its sole discretion and may be varied or amended by Health Super from time to time.
3.3 There is currently no registration fee or service fee in respect of eSuper. You will be provided with 30 days notice if such fees are to be applied. Such notice to be posted on eSuper.
3.4 To register you must:
(a) have accepted these Terms and Conditions, such acceptance to be evidenced in a manner satisfactory to Health Super;
(b) have the legal capacity to enter into a legally binding contract;
(c) employ at least one current Member of the Health Super Fund; and
(d) provide such other information as may be reasonably requested by Health Super in respect of your access and/or use of eSuper.
3.5 Health Super may in its sole discretion, accept or refuse or defer your registration.
3.6 If your registration is accepted:
(a) Health Super will, as soon as practicable, confirm your registration and provide you with a User Name and a Password; and
(b) once you receive your User Name and Password you will be permitted to access and/or use eSuper until terminated in accordance with these Terms and Conditions.
4. User Names and Passwords
4.1 You must ensure at all times that your Password and User Name are kept safe and secure and disclosed only to Authorised Users.
4.2 For the purposes of security, your Password may expire if you do not access eSuper for 12 months. Facilities are available to obtain a new password when required.
4.3 If requested by Health Super, you must provide details of each Authorised User and from time to time advise Health Super in writing immediately of any changes to any Authorised User's details or status.
4.4 You must use your best endeavours to ensure that Authorised Users do not send or disclose your User Name or Password to any other person.
4.5 You and any Authorised User must not by any action or omission (including leaving your computer unattended while logged on to eSuper) enable any unauthorised person to access and/or use eSuper.
4.6 You must immediately notify Health Super if you or any Authorised User know or suspect that:
(a) your User Name and Password has been, lost, stolen, compromised or disclosed to any third party; or
(b) any unauthorised access and/or use of eSuper has occurred.
4.7 You acknowledge and agree that you are solely responsible for any loss caused by the access and/or use of your User Name and Password, including any access and/or use of eSuper not approved or contemplated by you or authorised by these Terms and Conditions.
5. Suitable Equipment
5.1 You acknowledge and agree that you are responsible for providing all suitable equipment including software browsers necessary to establish a connection to the Internet, pay any telephone service fees and Internet Service Provider fees associated with such access. You agree to notify us of any changes relating to yourself or your business to ensure Health Super maintains correct information for your access to eSuper.
5.2 You acknowledge and agree that Health Super is not liable for loss and damage of any kind suffered by you, by failing to use suitable equipment in accessing or attempting to access eSuper.
6. Termination of eSuper Services
6.1 Health Super may, in its absolute discretion, and without notice or liability to you terminate or suspend your access to eSuper at any time.
6.2 Health Super will inform you in writing as soon as possible of any termination or suspension by either of the following methods:
(a) a notice displayed on the screen while you are using eSuper; or
(b) any other reasonable method which may include a notice posted on the Health Super Fund general website.
6.3 If Health Super terminates your access or right to use eSuper, Health Super may, in its absolute discretion immediately stop providing you with access to eSuper.
6.4 You may terminate your access to eSuper at any time by sending an e-mail to Health Super requesting termination to Enquire@healthsuper.com.au
7. Warranties provided by you
7.1 You warrant, acknowledge and agree that:
(a) you have the legal capacity to enter into a legally binding contract;
(b) the information you provide to eSuper will be at all times:
(i) accurate, correct, complete and current;
(ii) not misleading or deceptive or likely to mislead or deceive;
(iii) not in breach of any person's intellectual property rights or rights in respect of confidentiality;
(iv) free from any programming bugs or computer viruses, faults or errors;
(v) not obscene, offensive, upsetting, defamatory, in anyway unsuitable for people under the age of 18 years or contrary to any law or regulation in any way whatsoever;
(c) you will comply with all applicable laws in relation to any transactions entered into on eSuper and you will not use eSuper for any illegal, fraudulent, harmful or disruptive purpose;
(d) you will not impede the use of eSuper by any person;
(e) you will maintain secrecy and confidentiality of all User Name and Password information required by you to access and/or use eSuper and you will immediately notify Health Super if your User Name or Password has been lost, stolen or compromised in any way;
(f) you will not impersonate any other person or allow any other person to impersonate you or make use of your User Name or Password;
(g) you will not attempt to access any Account that does not relate to you;
(h) you will not:
(i) use the eSuper Services in connection with spamming, junk e-mail, or any unsolicited messages;
(ii) use eSuper to defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of other persons; or
(iii) upload files to eSuper that contain viruses, corrupted files, or other similar software or programs that may damage the operation of eSuper or another person's computer or property.
8. Third Party Websites
8.1 eSuper may contain links to third party websites which are not under Health Super's control.
8.2 We do not endorse or review the content of such websites including in respect of any organisation, product and/or service advertised therein. We are not liable for any loss and damage of any kind that you may suffer as a result of accessing, using or acquiring any products or services from third party websites.
9. Health Super Disclaimer
9.1 You acknowledge and agree that in providing eSuper, Health Super:
(a) does not give (and has not given) any warranty or guarantee as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information or data contained on or accessed through eSuper.
(b) takes no responsibility for the currency, accuracy or completeness of the information or data, or for programming bugs or computer viruses, faults or errors in eSuper or for your reliance on any information or data contained in eSuper;
(c) will take reasonable measures to protect the security of information or data transmitted over eSuper, however, Health Super does not make (and has not made) any warranty or guarantee as to the security of any information or data you may transmit using eSuper.
(d) is not giving in any way, professional, financial or investment advice and the information or data obtained from eSuper cannot be relied upon by you as such. You should at all times seek your own independent professional, financial and investment advice before you act on any information or data provided on eSuper.
(e) may, without notice to you, and at any time, modify, terminate, cancel or discontinue eSuper or any other services offered on eSuper;
(f) Health Super does not warrant or represent that:
(i) any message posted, uploaded or otherwise transmitted to or from eSuper has not been altered in transmission;
(ii) any message posted, uploaded or otherwise transmitted to or from eSuper will be received by the intended recipient; or
(iii) any information or data (including any file) downloaded or otherwise transmitted to you from eSuper is free from viruses, faults or errors;
(g) although Health Super will try to ensure that eSuper is accessible to you, it does not warrant that you will have continuous uninterrupted access to eSuper. Health Super will not be liable to you or any other person if eSuper is unavailable, including in respect of:
(i) any events caused by Health Super, whether negligent or not; or
(ii) any events beyond the control of Health Super, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or
(iii) any other reason whatsoever.
10. Copyright and Trade Marks
10.1 All material displayed on eSuper including all content, information, text, graphics, software, advertisements, names, logos, look and feel, layout, and trademarks is owned or licensed by Health Super and is protected by copyright, trade mark and other intellectual property laws unless expressly stated otherwise.
10.2 Unless expressly permitted by Health Super and the Copyright Act 1998 (Cth), you must not modify, copy, reproduce, publish, upload, transmit, communicate or distribute this material in any way without first obtaining the prior written approval of Health Super or where expressly stated, the owners of the relevant intellectual property rights.
11. Privacy
11.1 Any personal information received through eSuper will be treated in accordance with Health Super's Privacy Policy. This Privacy Policy can be easily accessed from Health Super's Privacy Statement located on the Health Super Website. Health Super highly recommends you read and understand its Privacy Policy prior to your access and/or use of eSuper.
11.2 You must at all times comply with your obligations under the Privacy Laws in respect of any personal information of Members obtained by you accessing and/or using eSuper.
12. Limitation of Health Super's Liability
12.1 To the full extent permitted by law, Health Super, its directors, employees, agents, contractors and related bodies corporate, will not be liable to you or any person in respect of any loss or damage (including indirect, consequential and special loss or damage and any loss of profits or legal costs) which may be suffered or incurred or which may arise directly or indirectly from or in connection with the provision by Health Super of eSuper to you, including in respect of (but not limited to), any:
(a) access and/or use of eSuper by you or any Authorised User;
(b) reliance by you or any other person on or the use of any information, data material or content available on eSuper;
(c) failure to provide information or implement instructions or transactions or any delays;
(d) failure by you or any other person to meet superannuation guarantee or award obligations or any other legal or contractual obligations;
(e) lack of accessibility to the services available on eSuper;
(f) interruption, variation, suspension, termination or cancellation to the services available on eSuper; or
(g) events whatsoever outside Health Super's control, and
whether or not the loss or damage was as a result of breach of contract, error or misrepresentation, negligent act or omission, or any other cause whatsoever.
12.2 If any law prohibits the exclusion of such liability, Health Super limits its liability to the fullest extent permitted by the law and at its option, to:
(a) supplying of the services provided through eSuper again; or
(b) the payment of the cost of having the services provided through eSuper supplied again; or
(c) if the breach relates to the supply of Information, to the re-supply of that information.
13. Your Liability and Indemnity
13.1 You are solely responsible and will remain fully liable for any and all access and/or use of eSuper through the use of your User Name and Password and the operation by you or any other person, whether authorised or not, of your eSuper Account, including in respect of any breach of these Terms and Conditions.
13.2 Without limiting clause 13.1, you agree to indemnify and hold harmless Health Super, its directors, employees, agents, contractors and related bodies corporate for any and all claims, loss, cost, expense or damage of any kind (including legal fees and costs or special, consequential or indirect loss) arising directly or indirectly out of, in connection with or as a consequence of your access and/or use of or inability to use eSuper, including in respect of (but not limited to), any:
(a) breach by you of these Terms and Conditions;
(b) unauthorised access and/or use of eSuper;
(c) any software contamination, interruption, variation, suspension or cancellation of eSuper which is directly or indirectly related to your use of eSuper.
14. Governing Law
14.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
15. Entire Agreement
15.1 These Terms and Conditions set out the entire agreement and understanding between you and Health Super in respect of your access and/or use of eSuper.
15.2 These Terms and Conditions apply to eSuper for Employers only. All other terms and conditions of your relationship with Health Super continue to apply in full force and effect.
16. Provisions Severable
16.1 If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.
17. Notices and Information
17.1 Unless otherwise expressly stated in these Terms and Conditions, any notice to be given by one party to the other under these Terms and Conditions may be given by electronic mail or other form of electronic communication as considered appropriate by Health Super.
17.2 Any notice will not be deemed to be received by Health Super until such notice is received, processed and acknowledged by Health Super.
17.3 You may at any time download or print a copy of these Terms and Conditions for your ongoing reference.
17.4 You may make any query concerning these Terms and Conditions or eSuper by contacting Health Super by phone on 1800 331 719.
