terms and conditions for Health eSuper, your online super account

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Health eSuper Online Service

Terms and Conditions for Access to eSuper

1. General
By using eSuper you accept and agree to comply with and be bound by all terms, conditions, notices and disclaimers appearing via eSuper. We undertake to comply with these Terms and Conditions once you have used eSuper.

2. Definitions
"Account" means the: superannuation account established in your name in superannuation fund of which you are a member.

• "eSuper" means the facility providing access to you  via the eSuper Online Service for information and transactions concerning your Account;
• "Operations" means the accessing, provision or communication of information or effecting of transactions;
• "Password" is a confidential set of characters, giving access to eSuper when used with your User Name;
• "User Name" is a confidential set of characters given to you by us which must be entered to identify you for the purposes of eSuper;
• "We, us or our" means: (where applicable) Health Super Pty Ltd , ABN 97 084 162 489, SFN 4859/719/97, Trustee of Health Super Fund
• "You and your" refers to the superannuation fund member permitted access to use eSuper in accordance with these Terms and Conditions.

3. Security

• 3.1 We will provide you with a User Name and a Password. You are required to change the Password when you first use eSuper and regularly change your Password for the purposes of security.
• 3.2 You must ensure at all times that your Password and User Name are kept secure and disclosed only to us when using eSuper.
• 3.3 For the purposes of security your Password will expire if you do not access eSuper for 12 months. Facilities are available to obtain a new password when required.
• 3.4 You must not by any other action or omission (including leaving your computer unattended while logged on to eSuper), enable another person to carry out Operations in respect of your Account.
• 3.5 You acknowledge that Operations in respect of your Account via eSuper:
  • can be carried out by anyone using your User Name and Password;
  • can be carried out if you leave your computer unattended while logged on to ESuper; and
  • will be deemed to have come from you.
• 3.6 You acknowledge that:
  • we will rely on any information we receive from Operations in respect of your Account using eSuper;
  • we will not enquire or attempt to establish whether such information has come from you or seek verification of such information.
• 3.7 We will take all reasonable measures to protect the security of data transmitted over eSuper but we cannot ensure or warrant the security of any information you transmit to us using eSuper.
• 3.8 You authorise us to deem all Operations in respect of your Account via eSuper by correct entry of your User Name and Password, as having been personally authorised in writing by you.
• 3.9 If you suspect that:
  • your Password or User Name has become known to a person not entitled to know it;
  • a record of your Password or User Name has been lost or stolen; or
  • for any other reason your Account may be accessed by an unauthorised person using eSuper  you must ensure that you inform us immediately; and you change your Password (if relevant). 

4. Accuracy of Information

• 4.1 We will take all reasonable steps to ensure that the information that we make available to you via eSuper is correct. Information accessed through eSuper may not, however, always be up to date.
• 4.2 It may take a period of time to effect a transaction or implement instructions using eSuper.
• 4.3 Neither we nor our related entities, officers, directors, employees and agents make any representation or warranty as to the reliability, accuracy or completeness of the information available via eSuper or accept any responsibility for apparent errors or omissions.
• 4.4 HEALTH SUPER PTY LTD | ABN 97 084 162 489 | AFSL No. 246492| Entitlements made available via ESuper are based on information currently available. We have made every effort to ensure the accuracy of this information but cannot accept liability for acts or omissions based on its content. Past investment performance is no guarantee of similar future returns.
• Information available via eSuper does not constitute professional advice, nor should it be relied upon as such. The information has been prepared without taking account of your objectives, financial situation or needs. Therefore, before acting on information available via eSuper you should consider the appropriateness of the information, having regard to your objectives, financial situation and needs. We recommend you seek specific professional advice before acting on information available via eSuper. The information made available via ESuper by us to you is of a general nature only, and sets out the main features of the Health Super Fund. You should consider the current Product Disclosure Statement before making any decision about the product.

5. Availability of Access

• 5.1 Services available via eSuper may not always be accessible.

6. Availability and Variations

• 6.1 These Terms and Conditions can generally be viewed on eSuper. Inability to access these Terms and Conditions via the Internet at any time does not affect their validity as between you and us.
• 6.2 We may vary any of these Terms and Conditions by written notice to you before a change becomes effective by:
  • a notice displayed on the screen while your are using eSuper; or
  • any other reasonable method.

Use of eSuper after the above notice has been given constitutes acceptance of the variation to the Terms and Conditions.
 
7. Termination and Suspension

• 7.1 We may terminate your access to eSuper by giving you written notice to the last known address we have for you, or by notification using a method in paragraph 6.2.
• 7.2 We may suspend your access to eSuper for security reasons without notice.

8. Liability

• 8.1 Except as provided in paragraph 8.4 you are solely responsible for all use of eSuper, including Operations, and any breach of these Terms and Conditions.
• 8.2 Without limiting paragraph 8.1, you are liable for any loss or damage, and agree to indemnify us and our officers, directors, employees and agents against any claims for loss or damage which may be made against us, arising from Operations in respect of your Account via the eSuper following entry of your User Name and Password:
  • if you disclose your User Name or Password to a third party;
  • if you fail to keep your User Name or Password secure; or
  • if you have otherwise, by action or omission, permitted a third party to access information, provide information or effect a transaction in respect of your Account via eSuper.
• 8.3 Your liability under paragraphs 8.1 and 8.2 for Operations effected continues until you notify us that:
  • unauthorised access may have been gained to your Account, or
  • the User Name and/or Password may have become known to someone not entitled to know it, and we have had a reasonable opportunity to take appropriate security measures.
• 8.4 If all of the following apply, to the extent relevant, you will not be liable for unauthorised Operations on your Account via eSuper following correct entry of your User Name and Password:
  • you were not responsible for the User Name and Password becoming known to, or eSuper being used by, an unauthorised user;
  • you were not otherwise in breach of these Terms and Conditions;
  • you have otherwise acted honestly and reasonably and taken all due and proper care in use of eSuper;
  • upon suspecting that unauthorised access occurred, you notified us immediately;
  • you check your Account statements for unauthorised Operations as soon as you receive them; and
  • you assist us for the purposes of investigating the circumstances that may have resulted in the unauthorised access or an unauthorised transaction.
• 8.5 Subject to paragraph 8.6, we and our officers, directors, employees and agents will not be liable for:
  • reliance by anyone on, or use of the information, material or content available via, ESuper;
  • any failure to provide information or implement instructions or transactions or any delays;
  • an amount exceeding $500, except in the event of our negligence, fraud or deliberate misconduct;
  • indirect or consequential loss or damages of any kind arising from use of ESuper, including as a result of negligence;
  • lack of accessibility to the services available via eSuper;
  • any events whatsoever outside our control.
• 8.6 Nothing in these Terms and Conditions is intended to exclude, restrict or modify:
  • the application of any provisions of the Trade Practices Act 1974, Part 2 of the Australian Securities and Investments Commission Act 2001, or any equivalent State or Territory legislation;
  • the exercise of any right conferred by such provisions; or
  • our liability for a breach of a condition or warranty implied by such a provision.
• 8.7 In the event of inconsistency with any such provision or with any other law, these Terms and Conditions will be read down accordingly. 

9. Investments 

• 9.1 The performance of the investments referred to via eSuper is not guaranteed and is dependent on economic conditions, fees, charges and future taxation. Past performance is not indicative of future performance. The value of investments may rise or fall. Investments referred to via eSuper are neither deposits in, nor liabilities of, us.

10. Intellectual Property

• 10.1 The material displayed via eSuper including all information, text, graphics, software, advertisements, names, logos and trademarks is protected by copyright, trade mark and other intellectual property laws unless indicated otherwise.
• 10.2 You must not modify, copy, reproduce, publish or distribute this material in any way without first obtaining the prior written approval of the owners of the relevant intellectual property rights.

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