Terms and Conditions

• Action means any instruction or direction made using MemberOnline including the submission of a form via MemberOnline.
• Password means the code that is used together with your Username to enable you access to MemberOnline.
• Registered User means a person who is registered by us to use MemberOnline;
• Trustee means UniSuper Limited, ABN 54 006 027 121 as Trustee of UniSuper.
• UniSuper Management means UniSuper Management Pty Ltd, ABN 91 006 961 799, Australian Financial Services Licence Number 235907.
• UniSuper means UniSuper Superannuation Fund, ABN 91 385 943 850.
• Username means the identification name which, in combination with your Password, enables you to access MemberOnline.
• We, our or us are references to UniSuper Management.
• You or your are references to Registered Users.

MemberOnline

1. MemberOnline is owned and operated by UniSuper Management on behalf of the Trustee of UniSuper.
2. You acknowledge that all rights (including copyright), title and interest, including all intellectual property rights, in MemberOnline and its component parts are the sole and exclusive property of UniSuper Management. You must not engage in any conduct or use of MemberOnline in any manner that infringes the intellectual property rights of UniSuper Management or UniSuper.
3. You agree not to reproduce, frame, transmit, broadcast, adapt, distribute, modify, reverse assemble or reverse compile MemberOnline, or any of its component parts. You also agree not to reproduce or use any of the copyright material or trademarks displayed on MemberOnline.
4. The Trust Deed and superannuation legislation govern the operation and management of UniSuper and where there is a conflict between the contents or the information on MemberOnline and the Trust Deed (which encompasses the governing rules of the fund) the Trust Deed will prevail.

Access and Use

5. You can only be given access to MemberOnline after completing the registration process. If your registration is accepted, you will be issued with a confidential Username and Password and you will be recognised as a Registered User. Your Username and Password are used in order to protect your UniSuper account and personal information security.
6. We reserve the right to refuse registration to any person at our discretion. We also reserve the right to deny or restrict a Registered User's access to MemberOnline or to certain functionalities on MemberOnline.
7. Access to MemberOnline is only permitted to you whilst you are a Registered User and hold a valid Username and Password.
8. You acknowledge and agree that you are responsible for ensuring that your Username and Password are kept confidential and not disclosed to any other person.
9. Your Username and Password will enable anyone who correctly uses them to access your UniSuper account information and carry out any Action for which designated user rights have been provided to you. Any Actions by a person who has accessed MemberOnline using your allocated Username and Password will be deemed to be made by you or with your authority.
10. UniSuper may at its discretion allow access to MemberOnline from the UniSuper Mobile App or other digital channels on a single-sign-on basis, i.e. without providing your Username and Password again. Any Actions by a person who has accessed MemberOnline via the UniSuper Mobile App or other digital channels for which UniSuper allows single-sign-on will also be deemed to be made by you or with your authority.
11. If you believe that your Username or Password may have been compromised, lost or misplaced you must notify us immediately. You agree to provide us with all assistance we require in investigating any unauthorised use.
12. You further acknowledge and accept that we reserve the right to reissue a replacement Username and/or Password and take such other action that we consider reasonably necessary in order to protect the security of your account.
13. A person who is not a current Member may be accepted as a Registered User. This may occur when a UniSuper participating employer enters a person's details on UniSuper's systems in anticipation that a person will later become a Member. Neither the registration to use MemberOnline, nor the provision of access to MemberOnline, constitutes the acceptance of a person as a Member.
    
    There are two ways in which a person may become a Member:

• You meet the eligibility criteria, you have made an application to join UniSuper with the required form and we have accepted your application, or
• You meet the eligibility criteria, and your employer has signed a deed to participate in UniSuper and made contributions on your behalf.

• If you have not satisfied either of the above criteria, then it is unlikely that you are a Member and, therefore, you should not rely upon the information contained on MemberOnline in any way.

14. Your access to MemberOnline may be varied, suspended or cancelled at any time without notice or for reasons beyond UniSuper Management’s control. You agree that UniSuper Management or the Trustee will not be liable for any interruption, variation, suspension or cancellation of the website.
15. You can apply to cancel your registration for MemberOnline in writing at any time by email to enquiry@unisuper.com.au or mail to UniSuper, Level 1/385 Bourke St, Melbourne, Victoria, 3000. Cancellation will take effect when we revoke your status as a Registered User. We will confirm the revocation via your member communication preference specified on MemberOnline on the date of revocation
16. If you are redirected to a page on the UniSuper website when using MemberOnline, you will also be subject to the Terms and Conditions of use of the UniSuper website.
17. If you wish to use certain tools available on MemberOnline, including MemberOnline forms, you may be required to accept additional acknowledgements or Terms and Conditions prior to such use.
18. You must not introduce or spread any software contamination, including computer viruses and the like when using MemberOnline.
19. You must not use this website in a manner that breaches, or is likely to breach any law or relevant code of conduct or that infringes any person's rights, including any conduct that would require UniSuper Management or UniSuper or any of its directors, officers, employees and associates to remedy any loss or damage occasioned by such activity.

Information provided on MemberOnline

20. You acknowledge that you have read and understood the Disclaimer regarding information provided on MemberOnline and agree to its terms.
21. You information provided on MemberOnline has been compiled in good faith by UniSuper Management but no guarantee is given regarding its reliability, timeliness, completeness or accuracy, including information provided by third parties. The information may be subject to change without notice.
22. The performance of the investments referred to on MemberOnline is not guaranteed by UniSuper Management, the Trustee or the relevant fund managers. The investments are subject to investment risk, delays in repayment, loss of income and loss of capital invested. Past performance is not an indicator of future performance.

Liability and Indemnity

23. 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 UniSuper Management, the Trustee or their directors, officers, employees and associates.
24. You acknowledge and accept that UniSuper Management, the Trustee and their directors, officers, employees and associates will not be liable for any loss or damage arising from or any costs, charges and expenses incurred directly or indirectly in connection with your use of MemberOnline including: us acting in accordance with any Actions that appear to have been given by you, including any unauthorised or fraudulent Actions that occurred prior to you notifying us that your Username or Password may have been compromised, lost or misplaced unless we are aware of a fault in the operation of MemberOnline, or of an action by one or more of our employees that has caused an Action to incorrectly appear to have been given by you,

• any request made by you that we stop an Action from being processed,
• any failure to perform any function which we have indicated that it will perform (including any failure as a result of a disruption to any telecommunication service, power supply or internet connection)where outside of our reasonable control,
• any processing delays occurring as a result of any errors or omissions in an Action,
• any technical or service difficulties, including those caused to any computer equipment, software or data and those arising from data corruption, breaches of data security, defects in transmission or computer viruses and the reliance by you or any person acting on your behalf on the reliability, timeliness, completeness or accuracy of any information provided on MemberOnline.

25. To the extent permitted by law, our liability for breach of warranties implied by law is limited to re-supplying the functionality accessible through MemberOnline or the Action requested by you.
26. Neither UniSuper Management or the Trustee will be liable if you breach these Terms and Conditions or if your use of MemberOnline causes loss, damage or injury to you or another person or entity. You agree to indemnify UniSuper management and the Trustee and or any related entity from and against all such loss, damage, injury or 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 MemberOnline.
27. UniSuper Management is not responsible for the content of any website which is owned by a third party that may be linked to MemberOnline, whether such a link is provided by it or by a third party. The links are provided as a courtesy only and no warranty is made by UniSuper Management concerning the suitability, accuracy or timeliness of the content of any site that may be linked to MemberOnline. In providing access to other websites, UniSuper Management is not recommending or endorsing any products or services offered by a third party.

Jurisdiction

28. MemberOnline is provided for access and use by Registered Users who are Australian residents and located within Australia only. Any products and services provided by UniSuper Management are only available to Australian residents.
29. Any products and services provided and disputes arising out of the use of MemberOnline will be subject to the laws of the State of Victoria, Australia.

Privacy of information

30. You acknowledge and agree that your use of MemberOnline is subject to the UniSuper Privacy Policy.
31. You acknowledge and confirm that all personal information that you provide to us via MemberOnline is correct. Where you have not updated your personal information, we will not be responsible for the accuracy or currency of that information.
32. UniSuper recognises the importance of protecting your personal information and we’re committed to complying with our privacy law obligations.
33. We collect your personal information to administer your account, improve our products and services and to provide you with, and promote, UniSuper membership benefits, services and products. You consent to our collecting sensitive information about you, where collecting that information is reasonably necessary for us to perform one or more of our functions or activities. We usually collect personal and sensitive information directly from you, however, it may also be collected from third parties, such as your employer.
34. We may also collect this information from you because we are required or authorised by or under an Australian law or a court/tribunal order to collect that information.
35. If you do not provide this information, we may not be able to administer your account, or provide you with a product or service.
36. We may disclose your information to any service provider we engage (for example mail-houses, auditors, insurers, actuaries, lawyers) to carry out or assist us to provide your membership benefits, services and products. This includes overseas entities. Where information is transferred overseas, we will seek to ensure the recipient of the data has security systems to prevent misuse, loss or unauthorised disclosure in line with Australian laws and standards.
37. Our Privacy Policy contains information about how you may access any personal information held by us, how to correct your information and how to make a complaint about a breach of the Privacy Act. Our Privacy Policy is available from our website at unisuper.com.au or by calling us on 1800 331 685.

Amendment

38. We 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 by;

• posting a notice on MemberOnline giving notice of a variation for a period of at least 30 days. Any subsequent access to, or use of, MemberOnline by you after the notice has been posted will constitute an acceptance of the variations, or
• providing you with a notice of a change in Member Online and requesting you to indicate your acceptance of the Terms and Conditions as varied. If you indicate acceptance, any subsequent use of, or access to, MemberOnline by you will be subject to the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you will cease to have access to MemberOnline and cease to be a Registered User.

39. 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.