TERMS OF USE

It is important you read and agree to the following Terms and Conditions before you use the website and the Equipsuper application through which the website is accessible (together "Equipsuper Online Application"), as you will be bound by them whenever you access, browse or use the Equipsuper Online Application. By downloading, accessing, browsing, or using the Equipsuper Online Application, 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 13 July 2018.

The Equipsuper Online Application is made available by Mercer Outsourcing (Australia) Pty Ltd ABN 83 068 908 912, Australian Financial Services Licence #411980, on behalf of Togethr Trustees Pty Ltd ABN 64 006 964 049, AFS Licence #246383 as Trustee of the Fund ("Fund") ABN 33 813 823 017. 'MERCER is a registered trademark of Mercer (Australia) Pty Ltd ABN 32 005 315 917. Togethr Financial Planning Pty Ltd (ABN 84 124 491 078, AFSL 455010) is licensed to provide financial planning services to retail and wholesale clients. Togethr Financial Planning is owned by Togethr Holdings Pty Ltd (ABN 11 604 515 791).

Issued by Togethr Trustees Pty Ltd ABN 64 006 964 049, AFSL 246383 ("Togethr"), the trustee of Equipsuper ABN 33 813 823 017 ("the Fund").

The information contained herein is general advice and information only and does not take into account your personal financial situation or needs. You should consider whether this information is appropriate to your personal circumstances before acting on it and, if necessary, you should also seek professional financial advice tailored to your personal circumstances. Where tax information is included, you should consider obtaining personal taxation advice.

Before making a decision to invest in Equipsuper, you should read the appropriate Product Disclosure Statement (PDS) and Target Market Determination (TMD) for the product which are available at equipsuper.com.au

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 Equipsuper Online Application 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 any website or application which the Provider or Trustee does not own or operate.

In downloading, accessing, browsing or using the Equipsuper Online Application you acknowledge and agree:

1. Any personal or sensitive information you upload to, or provide via, the Equipsuper Online Application will be collected, used and disclosed in accordance with the Privacy Policies of the Trustee and Mercer. 
   
   
2. If the Trustee has requested that you be able to view and/or change your superannuation account ("Account") details via the Equipsuper Online Application ("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. 
   
   
3. 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 o everything necessary to protect your PIN from disclosure to any other person. 
   
   
4. Any action or request made by any 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.
   
   
5. 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  ("Equipsuper Online Application Contact") immediately upon you becoming 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 Equipsuper Online Application ("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 Equipsuper Online Application. 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 Equipsuper Online Application Contact if you become aware of any unauthorised access or attempted access.
   
   
6. You must notify the Equipsuper Online Application Contact immediately if you become aware that your PIN has been lost or stolen or if you have forgotten your PIN. A new PIN may be provided to you.
   
   
7. Upon request by the Provider or in the event of the events in clauses 5 or 6 occurring, you must immediately change your PIN.
   
   
8. You will notify the Equipsuper Online Application Contact in writing if you want your access to the Service suspended or cancelled at any time.
   
   
9. Access to your Account may be temporarily unavailable via the Equipsuper Online Application during scheduled maintenance windows. These generally 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 through or on the Equipsuper Online ahead of time.
   
   
10. 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.
    
    
11. 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 accessible or available via the Service or Equipsuper Online Application at any particular time. All information accessible or available via the Service or Equipsuper Online Application is subject to change without notice.
    
    
12. The Equipsuper app which is part of the Equipsuper Online Application has been optimised for use on mobile handheld devices that are compatible with Apple iOS 10 and above and Android 7.0 and above. The Provider does not authorise use of the Equipsuper app on other devices (such as tablets) or with other operating systems. You must install and otherwise use any updates, upgrades, patches or bug fixes which are developed and released for your mobile handheld device or the Equipsuper Online Application.
    
    
13. Internet data charges and call charges may be incurred through your mobile service provider when you use the Equipsuper Online Application and you should check with your internet service provider or your mobile phone service provider for more details. You are responsible for any such charges.
    
    
14. While the Provider will endeavour to keep the Account and information available via the Equipsuper Online Application and the Service up to date, there will be times when this is not the case. The Trustee and Provider are entitled to treat any information received from you as reliable, accurate, complete and up to date.
    
    
15. You must not rely upon, act upon, give or make available to another person any Account and information (whether electronic or otherwise) from the Equipsuper Online Application or the Service without first having that Account and/or information verified in writing by the Provider.
    
    
16. By activating any hyperlinks in the Equipsuper Online Application or the Service, you may leave the Equipsuper Online Application and go to 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 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.
    
    
17.  The Equipsuper Online Application and the Service is intended for use by persons accessing the Equipsuper Online Application and the Service from within Australia. All currency references are shown in Australian dollars unless otherwise specified. The Equipsuper Online Application, Services and these Terms and Conditions are governed by and are to be interpreted in accordance with the laws of Victoria, Australia.
    
    
18. The Provider uses reasonable efforts to maintain the Equipsuper Online Application and 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 Equipsuper Online Application or Service or access via the Equipsuper Online Application 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.
    
    
19. You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Equipsuper Online Application and Service when accessing, providing or downloading information via the Equipsuper Online Application or Service.
    
    
20. Except to the extent required by law and subject to clause 23, the Provider and its related companies and the Trustee make no representations or warranties, express or implied that the Equipsuper Online Application, Service or Trustee Service are fault free or as to the continuity, accessibility, reliability or efficiency of the Equipsuper Online Application, Service or Trustee Service prior to, during or after your acceptance of these Terms and Conditions, or the suitability of the Equipsuper Online Application, Service or Trustee Service to your needs. Subject to clause 23 and any liability which cannot be excluded by law, you accept that the Trustee, Provider and their 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 Equipsuper Online Application, Service or Trustee Service or any error, incompleteness or inaccuracy of information accessible or available via the Equipsuper Online Application or Service of from any unauthorised use, computer hacking, software contamination, interruption, variation, suspension or cancellation of the Equipsuper Online Application, Service or Trustee Service.
    
    
21. You enter into these Terms and Conditions at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by the Provider, the Trustee, any related company of the Provider or the Trustee or their employees or agents.
    
    
22. Subject to clause 23 and any liability which cannot be excluded by law, neither the Provider nor the Trustee will be liable if you breach these Terms and Conditions or your use of the Equipsuper Online Application 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 your use of the Equipsuper Online Application or Service.
    
    
23. The Australian Consumer Law (ACL) may confer certain consumer guarantees in relation to the Equipsuper Online Application or Service or the performance of the obligations of the Provider or Trustee under these Terms and Conditions if you are a ‘consumer’ within the definition of section 3 of the ACL and nothing in these Terms and Conditions should be interpreted as attempting to exclude, restrict or modify the application of any rights arising from any such consumer guarantees. If you are a consumer and make a claim against the Provider or Trustee regarding the goods or services provided under these Terms and Conditions in respect of a breach or alleged breach by the Provider or Trustee of the consumer guarantee provisions of the ACL and the relevant goods or services are not of a kind ordinarily acquired for personal, domestic and household use, then to the extent permitted by law, the liability of the Provider and the Trustee to you for such a breach or alleged breach of the consumer guarantee will be limited, at the election and discretion of the Provider and the Trustee, to (a) if the breach relates to goods, (i) the replacement of the goods or the supply of the equivalent goods; (ii) the repair of the goods; or (ii) the payment of the cost of replacing the goods, or acquiring equivalent goods or of having the goods repaired; or (b) if the breach relates to services, (i) the supply of the services; or (ii) the payment of the cost of having the services supplied again.
    
    
24. Subject to clause 23 and any liability which cannot be excluded by law, 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 the Equipsuper Online Application or Service and these Terms and Conditions (including any negligence on our part) is limited to A$1,000.
    
    
25. 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 Equipsuper Online Application.
    
    
26. 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.
    
    
27. Except where otherwise stated, the copyright and intellectual property rights relating to the content of the Equipsuper Online Application or Service belong to and remain the property of the Provider or Trustee. The granting of access to the Equipsuper Online Application 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. The Equipsuper Online Application also contains a number of registered trade marks which are owned by the Provider or Trustee or used with the permission of the registered trade mark owners. You must not use any such trade marks in any way without the Provider’s prior written consent.
    
    
28. Certain information accessible or available via the Equipsuper Online Application 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 accessible or available via the Equipsuper Online Application or Service.
    
    
29. The performance of the investments contained on or referred to in the Equipsuper Online Application or Service are not guaranteed by the Provider, the Trustee or any related bodies corporate of the Provider or Trustee or the relevant plan managers. All investments are subject to investment risk, delays in repayment, loss of income and loss of capital invested. The investments are subject to the rise and fall of the market. Past performance is not a reliable indicator of future performance. Prior to making any investment decisions you should seek advice from a licensed or appropriately authorised financial adviser.
    
    
30. Material on the Equipsuper Online Application and 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.
    
    
31. The products and features available through the Equipsuper Online Application and may not represent all of the goods and services that the Provider or Trustee offers or all of the features of those goods and services.
    
    
32. For the purposes of this Clause "Messages" means all mail or message 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.
    
    
33. These Terms and Conditions do not vary or alter contractual arrangements between the Trustee and the Provider.
    
    
34. The final authority on any issue relating to Equipsuper is the Trust Deed governing Equipsuper, any applicable Participation Agreement and the relevant insurance policy. Where there is a discrepancy between the information on the Equipsuper Online Application and the Trust Deed, Participation Agreement or relevant insurance policy the terms of the Trust Deed, Participation Agreement or relevant insurance policy will prevail.