TERMS OF USE

The content on this website ("Site"), is prepared and maintained by smartMonday Solutions Limited ABN 48 002 288 646 AFSL No236667 on behalf of the Trustee of the Smart Future Trust ABN 68 964 712 340 (“the Fund”), collectively referred to “smartMonday”, “we” or “us”.

The information on this website is general in nature. Before deciding whether a particular product is right for your personal needs and objectives, please read and consider the relevant Product Disclosure Statement which is available at smartMonday.com.au or by calling us. Contact us about the intra-fund advice services you can access through your membership. The Target Market Determinations for smartMonday products are available at smartmonday.com.au/governance. smartMonday and the Trustee take no responsibility for you acting on the information provided. Any decision that you make is at your own risk.

The information contained in the Site is based on the most up to date data received by smartMonday. The site is not updated in real time.

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agree to be bound by:

  • the Privacy Policy;
  • the smartMonday Disclaimer below; and
  • the Terms and Conditions of using this Site set out below.

Please read the Privacy Policy, which set out how we collect, use and disclose personal or sensitive information about you.

smartMonday Disclaimer

smartMonday is a registered trading name of smartMonday Solutions Limited ABN 48 002 288 646 AFSL 236667, the sponsor of the Smart Future Trust ABN 68 964 712 340 (the fund). The trustee of the fund and issuer of the information on this website is Equity Trustees Superannuation Limited ABN 50 055 641 757 AFSL 229757 RSE Licence L0001458. smartMonday products are part of the fund.

smartMonday and/or the trustee are either the owner or licensed user of the copyright in all material contained on this website.  Where a third party source has been relied on, smartMonday and/or the trustee have attributed credit for that information. Except to the extent necessary for personal use, you are not permitted to reproduce, adapt, upload, link, frame, broadcast, transmit, or distribute any material on this website without the permission of smartMonday or the trustee, or as permitted under law.

While every care has been taken in preparing this website, neither smartMonday, nor the trustee, accepts responsibility for, and will not be bound by, any information contained in this website that is contrary to the Trust Deed and Rules. smartMonday and the trustee will not be liable for, or in connection with any loss or damage arising from any inaccuracies, errors or omissions in information made available through this website. 

© 2022 smartMonday Solutions Limited - Financial Services Guide

Terms and Conditions of using this Site

Please be aware that these Terms and Conditions may change at any time. (Last revised on 28 January 2022)

These Terms and Conditions do not apply to websites that smartMonday do not own or operate. For the purposes of these terms and conditions, "Related Bodies Corporate" has the meaning given in the Corporations Act 2001 (Cth).

In accessing, browsing or using the Site you acknowledge and agree that:

  1. Any personal or sensitive information you provide via the Site may be collected, used, managed, stored and disclosed in accordance with our Privacy Policies and the Privacy Act 1988. Should your personal information be incorrect or out of date, you undertake to inform us immediately.
  2. If smartMonday has requested that you be able to view and/or change your superannuation account ("Account") details via the Site ("Service") and agreed to permit you to use the Service, you are provided with a confidential Member Number, password and secret question/s that will permit access to the Service.
  3. Access to your Account and/or Fund information (as the case may be) will be provided through this Service to any person using your Member Number, password and secret question/s ("Instruction"). You must therefore do everything necessary to protect these details from disclosure to any other person.
  4. Any action or request made by any user of your Instruction will be deemed to have been made by you and the request will be carried out by smartMonday without further enquiry. You will be responsible for all Instructions and any consequential transactions using your Member Number, password and secret question/s whether authorised by you or not. smartMonday shall not be liable for acting on an Instruction.
  5. You must notify us immediately if you become aware that your password and secret question/s have been lost, stolen or forgotten, or have become available or known to any person other than yourself. A new password will be provided to you and you will be able to create new secret questions.
  6. The Site and Service content has been compiled in good faith by smartMonday. 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.
  7. Unless you have been authorised by the smartMonday or any Related Body Corporate to be able to view the superannuation account details of other members of the Fund via the Site ("Authorised 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 Authorised User, you will not attempt to access any superannuation account details beyond the level of access permitted by smartMonday 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.
  8. Upon request by smartMonday or in the event of clauses 4 or 5 occurring, you must immediately contact us to change your password.
  9. You will notify us in writing at the following address: smartMonday, Locked Bag 20128, Melbourne VIC 3001 if you want your access to the Service suspended or cancelled at any time.
  10. 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 ("AEST") and approximately 12:30am AEST. They also occur each Wednesday between 8:00am AEST and 9:00am AEST. 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.
  11. Your use of and/or access to the Site or Service may be interrupted, varied, suspended or cancelled by smartMonday at any time without notice or for reasons beyond smartMonday's control and you agree that smartMonday will not be liable for any interruption, variation, suspension or cancellation.
  12. Material on the Site and Service may contain general information about smartMonday's goods and services. This information does not constitute an offer or inducement to enter into a legally binding contract.
  13. For the purposes of this Clause "Messages" means all mail items of any description transmitted by electronic means between smartMonday and you via the Service. You may submit Messages to smartMonday and you are responsible for confirming receipt of the Message by smartMonday. If you do not receive confirmation of receipt or response from smartMonday regarding your Message you should assume that the Message was not received by smartMonday and you should re-send the Message or follow up the Message by other means.
  14. While smartMonday 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. smartMonday 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 or information (whether electronic or otherwise) from the Site or Service without first having that Account and/or information verified in writing by smartMonday.
  16. 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 smartMonday. smartMonday does not accept any responsibility or liability in respect of material contained in other websites, nor by including the hypertext link, do we 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 smartMonday. 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 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 ("AUD") unless otherwise specified. The Site and Service are governed by and is to be interpreted in accordance with the laws of New South Wales, Australia.
  18. smartMonday 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 smartMonday on its data servers. However you acknowledge no computer system or information can ever be fully protected against every possible hazard and neither smartMonday, nor any Related Bodies Corporate of smartMonday 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 Site or Service when accessing, providing or downloading information via this Site or Service.
  20. You must not interfere with or disrupt the Site, create accounts with us through fraudulent or unauthorised means, including by using an automated device, script, bot or other similar means or encourage or facilitate violations of the Terms and Conditions.
  21. Except to the extent required by law, smartMonday and any Related Bodies Corporate of smartMonday 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 smartMonday and any Related Bodies Corporate of smartMonday 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.
  22. 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 smartMonday, any Related Bodies Corporate of smartMonday or their employees or agents.
  23. The aggregate liability of smartMonday and any of its Related Bodies Corporate 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 AUD$1000.
  24. Neither smartMonday nor any of its Related Bodies Corporate 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 smartMonday and/or any of its Related Bodies Corporate 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.
  25. smartMonday 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 smartMonday or if no date is nominated, on the date when the change is posted on the Site.
  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 Site and Service belong to and remain the property of smartMonday. The granting of access to the Site or Service by smartMonday 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 smartMonday.
  28. Certain information on the Site or Service belongs to parties other than smartMonday. smartMonday does not claim authorship of such information and duly acknowledges the copyright of other parties where applicable. Neither smartMonday, nor any Related Bodies Corporate of smartMonday shall be liable if you rely on any information obtained via the Site or Service.
  29. The performance of the investments contained on or referred to in this Site and Service are not guaranteed by smartMonday or any of its Related Bodies Corporate. 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.
  30. For audit, member security, marketing and research purposes, smartMonday tracks all activity conducted on the Site and Service. In accordance with the Privacy Policy, based on your use of the Site and Service, smartMonday or a Related Body Corporate of smartMonday may contact you to provide information in relation to the Fund or any other products or services that may interest you (unless you have requested that this not to occur by contacting us).