Terms and Conditions
Last updated: 9 August, 2022
The Simple Choice Super branded website and app (online channels) are owned and operated by Simple Financial Choices Pty Ltd (ABN 58 629 890 900, AFSL 537462). Simple Financial Choices Pty Ltd is a wholly owned subsidiary of Flare HR Pty Ltd (ABN 46 607 120 892).
Access to and use of these online channels is subject to the following Terms of Use (Terms). When you access the online channels (other than to read these Terms for the first time), you are taken to have agreed to these Terms and to be bound by them.
1. Disclaimers
1.1 General
The information appearing on the online channels is believed to be accurate at the time of compilation and is provided by Simple Financial Choices in good faith.
Changes in circumstances may occur at any time and may impact on the accuracy or completeness of the information. Whilst Simple Financial Choices makes every effort to ensure that the information provided is accurate and up to date, we do not warrant the accuracy or completeness of this information.
Except to the extent required by law, you agree that we, and our directors, officers, employees, agents, contractors, service providers, third party content providers and licensors will not be liable (in contract, tort (including negligence) or otherwise) for any losses, damages, liabilities, claims or expenses whatsoever arising out of, or in any way related to, the use of the online channels or any channels linked to them. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.
1.2 General advice only
The information appearing on the online channels is general information only and does not take account of your personal financial objectives, situation or needs. Before acting on it, consider its appropriateness to your circumstances. The Product Disclosure Statement and Financial Services Guide should be considered before making an investment decision.
You should consider seeking independent advice from an accredited financial adviser before deciding whether to acquire, or continue to hold, an interest in Simple Choice Super.
1.3 Privacy
Any personal data you transmit to or by the online channels will be used by us in accordance with our Privacy Policy, which is available on the online channels.
1.4 Our links to other sites
Links to third party online channels have been provided for your convenience only and may not remain current or be maintained. You agree that:
- any views expressed on these channels do not necessarily reflect our views;
- we are not responsible for the privacy practices of, or the content of, third party channels that are linked to our online channels;
- any financial advice contained on a third-party channel is given by the third party under the third party’s Australian financial services licence;
- our links with third party channels must not be construed as an endorsement, approval or recommendation by us of the owners or operators of those channels, or of any information, graphics, materials, products or services referred to or contained on those third-party channels; and
- you indemnify us against any loss or damage we suffer which results from your use of an online channel in a way which breaches the terms and conditions which govern its use.
1.5 Disclosure documents
The Product Disclosure Statement (PDS), Additional Information Booklet and Insurance Guide form the definitive explanation of Simple Choice Super. In the event of any inconsistency between information on the online channels and information contained in the PDS, Additional Information Booklet and/or Insurance Guide, the PDS, Additional Information Booklet and/or Insurance Guide will prevail.
2. Liability
2.1 Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on the online channels (including warranties of satisfactory quality, merchantability and fitness for purpose).
2.2 Limitation of our liability (if any) to you
To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance will be limited, at our election, to:
- in the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for information or services supplied or offered by us for free; or
- in the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for goods supplied or offered by us for free.
3. Copyright and intellectual property notices
3.1 Copyright and trademark notices
Unless expressed to the contrary, all copyright, trademarks and other intellectual property rights comprised in the online channels, and the materials appearing on the online channels, are owned or licensed by us and may not be reproduced or used without our prior written permission.
No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission. Other product names and images on the online channels may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited. The use by us of a trademark on the online channels is not intended to indicate any association with, or endorsement by, the owner of that trademark.
3.2 We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, apps and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the online channels are owned or controlled, and are reserved, by us.
4. System integrity and user conduct
4.1 Lawful and authorised use only
You must use the online channels only for lawful purposes and for the purposes explicitly outlined and authorised (including in these Terms). If any part of the online channels requires you to provide a username and password in order to access or otherwise use any part of the online channels, you must keep that username and password confidential and not provide them to anyone other than us.
With respect to the online channels, you are authorised to:
- download and view content;
- register your interest in receiving further information from us in relation to products or services we may offer to you (or invite offers from you) in the future; and
- use the software included in the online channels for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our online channel materials for commercial purposes.
Otherwise, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these online channels for any other purpose.
This prohibition does not extend to materials on the online channels which are expressed to be freely available for reuse or replication, subject to any conditions we specify.
4.2 General prohibitions
You must not use the online channels, or any tools or applications offered through them, in a manner which; or upload, post, transmit or otherwise make available through the online channels any material which:
- violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- restricts or inhibits any other user from using or enjoying the online channels;
- affects the functionality or operation of the online channels or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
- breaches any standards, content requirements or codes of any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
4.3 Anti-spam notice
Publication of electronic addresses on the online channels is for the purpose of professional communication only. Such publication must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
4.4 Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violate any applicable law.
5. Notifications
As part of the installation of our app on any compatible device, the app may ask if you would like it to send you “push notifications”, which may include alerts, badges, banners and sounds. If you choose to allow push notifications, then the app will generate push notifications on your compatible device, and you acknowledge and consent to receipt of these push notifications. You may choose to stop receiving push notifications at any time by selecting the relevant option within the app’s settings menu or by deleting the app.
Push notifications can be seen by others (including unauthorised persons) who use or access your device. Please check the notification settings on all your devices to ensure the privacy and notification settings are appropriate for your use. You acknowledge that delivery of push notifications may be subject to the quality of your connection and it is your responsibility to check any alert information before acting on it.
6. Applicable law
6.1 New South Wales, Australia law applies
The online channels (excluding any linked, third party sites) are controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.
6.2 Unenforceable terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
6.3 Online channels or content may be unlawful outside Australia
We do not warrant that the content of the online channels complies with the laws of any country outside of Australia. If you access the online channels from outside of Australia, you do so at your own risk, and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
6.4 Your responsibilities under laws affecting you
You are responsible for ensuring that your use of the online channels is lawful, does not infringe any third party’s rights, and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).
7. Variations to the terms and conditions
These are the current Terms and Conditions. We may at any time vary these terms and conditions by posting the varied terms and conditions on the online channels. If the terms and conditions are changed, we may require you to confirm your acceptance of the amended terms and conditions when you next log onto the online channels. All variations are effective from the time of posting unless stated otherwise.
