Website Terms and Conditions

FUND DETAILS     USI: NES0100AU     ABN: 72 229 227 691     ADDITIONAL INFORMATION

Website Terms and Conditions (T&C)

Updated: 15 February 2022

This website, nesssuper.com.au, is owned by NESS Super Pty Limited (ABN 28 003 156 812, AFSL 238 945), as Trustee of NESS Super (the Fund) (ABN 72 229 227 691).

Your access to and use of the website is subject to the following T&C. Use of the website indicates your automatic acceptance of these T&C. Information, including products and services referred to on this website are only available for use in Australia.

1. Disclaimer

(a) Information disclosed on this website is provided for information purposes only. While all reasonable care has been taken to ensure that the information on the website is correct, the Trustee makes no representation or warranty of any kind as to the accuracy or completeness of any information on the website. Before acting on any information shown on the website, you should contact the NESS Super Contact Centre on 1800 022 067 and obtain a written statement of the information required.

(b) The material on this website has been prepared without considering your objectives, financial situation or needs. Before deciding based on the material on this website, you should consider the appropriateness of the advice having regards to your objectives, financial situation and needs. You should read the relevant PDS or TMD available on this website before making any decision about whether to acquire or to continue to invest in the product.

(c) The information on this website is based on current laws and their interpretation. These laws may change, and you should therefore seek professional advice on the legal and taxation implications of investing in superannuation, rather than relying on the information provided.

(d) You acknowledge and accept the risk that any communication to or from the website may be intercepted, used, or modified by third parties.

(e) The Trustee does not warrant that access to, or use of this website will be uninterrupted or error free or that the website / any content is free from errors, viruses, worms, trojan horses, time bomb, cancelbot or other harmful components.

2. Intellectual Property

(a) The information, text materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the website is owned by the Trustee unless otherwise expressly stated.

(b) You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit, communicate, or distribute in any way the content of the website without the Trustee’s prior written consent unless expressly permitted by these T&C or the Copyright Act

3. Access

(a) The Trustee reserves the right to deny you access to, or use of, all or part of the website, without prior notice, if you engage in any conduct that the Trustee believes, in its sole discretion, is inappropriate for continued access and/or use of the website.

4. System Integrity and User Conduct

(a) You must not use the website to:

    (i) send junk, obscene, indecent, offensive, or threatening electronic mail or “spam” to people who would not wish to receive mail from you;

    (ii) attempt to gain unauthorised access to, interfere with or disrupt the website or computer systems or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website; or

    (iii) attempt to access or collect personal data about other users, including e-mail addresses.

5. Links & Advertising

(a) The website may contain links to third party websites. The Trustee is not responsible for the content of other websites, or any risk associated with third party websites.

(b) The website may contain advertisements for third parties’ products and/or services. The Trustee is not responsible for the content of those advertisements, or any risk associated with acquiring products or services advertised by a third party on the website.

6. Limitation of Liability

(a) Neither the Trustee nor any of its officers, directors, employees, agents, or related bodies corporate shall be liable for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the website (even if the Trustee has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user’s computer equipment.

(b) If the Trustee cannot lawfully exclude or modify its liability under a statutory term, condition, or warranty, that term, condition, or warranty is deemed to be included in these T&C and liability under this clause 6 is limited, at the option

7. Warranties

(a) The Trustee warrants that it will use reasonable efforts to ensure the website and content provided through the website is accurate, current, and complete. The sole remedy for breach of this warranty is the rectification of any inaccurate information upon notice by you of the inaccuracy or error.

(b) The Trustee does not represent or warrant that the website will be free from:

    (i) any omission, error or inaccuracy in information provided on or through the website, including information provided by third parties;

    (ii) downtime or periods where the website is unavailable or the failure, in whole or in part, of any function on the website to perform an action; or

    (iii) any unauthorised access to the website or the information (including account information) retained on the website, except where the unauthorised access is the direct result of our negligence or fraud.

8. Indemnity

(a) You agree to indemnify, defend, and hold harmless the Trustee and its officers, directors, employees, agents and related bodies corporate from any and all third-party claims, liability, damages, and costs arising from your use of the website and content or your failure to comply with these T&C, or from your violation of any applicable law.

9. Privacy

(a) The Trustee’s Privacy Policy sets out the information about the collection, use, disclosure, and storage of your personal information. You acknowledge that any information provided by you to the Trustee in conjunction with the use of the website will be collected and managed in accordance with the Trustee’s Privacy Policy. To obtain a copy of the Privacy Policy please go to nesssuper.com.au/privacy or call our Contact Centre on 1800 022 067 to request a copy.

10. Monitoring of the website

(a) You acknowledge that the Trustee expressly reserves the right to monitor any or all use of the website.

11. General

(a) The Trustee may from time to time amend, update, or change the website or the content, including these T&C, without prior notice.

(b) These T&C, and where relevant the terms of use for the secure pages Australian Administration Services Pty Ltd “MemberAccess” and Australian Administration Services Pty Ltd “EmployerAccess”, constitute the entire agreement between you and NESS Super with respect to this website.

(c) If any provision of these T&C is found to be invalid or unenforceable, that provision will be deemed deleted only to the extent that it is not enforceable.

(d) Failure by the Trustee to insist upon strict performance of any of these T&C will not be construed as a waiver of any right or remedy of the Trustee.

(e) An e-mail which is sent to the Trustee is taken to be received by the Trustee when the e-mail message enters the electronic mailbox of the Trustee and can be opened in readable form. Proof of receipt is established by an electronic or paper record of the date and time the e-mail message entered the electronic mailbox of the Trustee and was able to be opened in readable form.

(f) These T&C shall be governed by, and must be construed in accordance with, the laws of the State of New South Wales Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts which have jurisdiction to hear appeals from those courts.

Website Terms of Use – Australian Administration Services Pty Ltd (AAS) MemberAccess

Access to Secure Pages on Site – AAS MemberAccess

  • Access to the AAS MemberAccess pages on the Site where a password and username are required (Secure Pages) is only authorised for members of NESS Super.
  • You are responsible for maintaining the confidentiality and security of your password and username. You agree to notify the Trustee of NESS Super immediately of any unauthorised use of your password or other breach of security. ‘Unauthorised Access or Use’ means providing member password and username to a third party without any proper authority in place (Ongoing authorisation is required in writing by the fund to obtain proper authority). The Trustee is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified the Trustee of such use/breach.
  • The Trustee can cancel any password or username at any time and without notice if the Trustee believes it is being used in a way that can cause loss to you or NESS Super.

Member Information

  • Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information and record of your benefits as shown in the AAS MemberAccess Secure Pages are correct, the Trustee does not represent or warrant the information or record of benefits disclosed are complete or accurate. Before taking any action based on the information shown in the AAS MemberAccess Secure Pages, you should contact the NESS Super Contact Centre on 1800 022 067 or email contact@nesssuper.com.au and obtain a written statement of the required information.
  • To the extent permitted by law, the Trustee, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the AAS MemberAccess pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.

You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the AAS MemberAccess Secure Pages, such information or change is correct

Disclaimer

  • NESS Super Pty Limited (ABN 28 003 156 812 and AFSL 238945), is the Trustee of NESS Super (ABN 72 229 227 691). This site contains information which may include general advice but does not consider your individual objectives, financial situation or needs. Before acting on any information or deciding whether to acquire or hold a product, consider if it is appropriate for you. For more information refer to our Financial Services Guide (FSG), the relevant Product Disclosure Statement (PDS) and the relevant Target Market Determination (TMD).

Website Terms of Use – Australian Administration Services Pty Ltd (AAS) EmployerAccess

Access to Secure Pages on Site – EmployerAccess

  • Access to the AAS EmployerAccess pages on the Site where a password and username are required (Secure Pages) is only authorised for participating employers of NESS Super.
  • You are responsible for maintaining the confidentiality and security of your password and username. You agree to notify the Trustee of NESS Super immediately of any unauthorised use of your password or other breach of security. The Trustee is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified the Trustee of such use/breach.
  • The Trustee can cancel any password or username at any time and without notice if the Trustee believes it is being used in a way that can cause loss to you or NESS Super.

Employer Information

  • Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information as shown in the AAS EmployerAccess Secure Pages is correct, the Trustee makes no representation or warranty of any kind as to the accuracy or completeness of any information in the AAS EmployerAccess Secure Pages. Before taking any action based on the information shown in the AAS EmployerAccess Secure Pages, you should contact NESS Super Contact Centre on 1800 022 067 or by email (contact@nesssuper.com.au) and obtain a written statement of the required information. If there are any errors in the information shown, you should contact and inform NESS Super Contact Centre on 1800 022 067 or by email (contact@nesssuper.com.au) of the errors.
  • To the extent permitted by law, the Trustee, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the AAS EmployerAccess pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.
  • You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the AAS EmployerAccess Secure Pages, such information or change is correct.