Employer Online: Terms and conditions of use

This Employer Online system is provided by Emergency Services Superannuation Board ABN 28 161 296 741, the trustee of the Emergency Services Superannuation Scheme ABN 85 894 637 037 (referred to as ESSSuper, we, us, or our). The following terms and conditions (Terms) apply to your and your agency's use of the Employer Online (EOL System) and/or any other services that we provide in connection with the EOL system. We reserve the right at any time to modify, update or otherwise alter these Terms. By accessing and using the EOL System, you are deemed to have read and agreed to be bound by these Terms as they exist at that time. If you do not agree with these Terms, you must immediately cease using the EOL System.

1. Agreement to act in compliance with the Employer Online User Guide (EOL User Guide)

You may only use the EOL System in compliance with the EOL User Guide (available through the Employer Home Page under Employer Online).

2. Use of the EOL System

You must not use the EOL System in a manner that is unlawful. Specifically, you must not use the EOL System in a way that breaches, or is likely to breach, any law, regulation or relevant code of conduct, or in any way that infringes any person's rights (including any conduct that would require ESSSuper or any of its employees or agents to remedy any loss or damage occasioned by such activity). You must not use the EOL System in a manner that defames, harasses, unlawfully offends or harms anyone.

3. Security

Your agency has been provided with access to the EOL System so that all contributions data can be lodged from your agency's computer system(s).

1. Access to the EOL System from unauthorised sites, such as a non-work location, is not permitted. In the interests of protecting stored data, all activities and transactions are recorded on an audit log which includes the specific logon identification details and activities of each user.
2. Only authorised staff may access the EOL System. For details of the registration process, see the EOL User Guide, available through the Employer Home Page.
3. All user IDs and passwords (Login Details) must be safeguarded, kept secure, and not be disclosed to any third party. You must notify ESSSuper immediately if you think your Login Details have been exposed, compromised or any unauthorised use of your password has occurred or if you suspect that any third party knows your Login Details.
4. Site permissions may be removed if a user fails to keep the user ID and/or password secure, if ESSSuper has concerns regarding security or unauthorised access, or if the authorised user has not accessed the EOL System for 6 months. ESSSuper will not be liable for any loss or damage arising in connection with any actions committed by the user that occurred prior to the user notifying us that your Login Details may have been compromised.

4. Intellectual Property

Copyright and other intellectual property rights in all material and information contained and provided on the EOL System is owned or licensed by ESSSuper. Except as expressly authorised by these Terms or by law, you may not in any form or by any means use, copy, adapt, reproduce, store, alter or commercialise in any way the information on any part of this EOL System without the written permission of ESSSuper.

5. Privacy

Any personal information that is collected through the EOL System will be handled and treated in accordance with ESSSuper's Privacy Policy and Privacy Collection Statement which can be found on ESSSuper's website.

6. Disclaimer/limitation of liability

While we have established suitable security guards and systems for the EOL System, we cannot guarantee that the EOL System or the information contained in the EOL System will not be the subject of unauthorised access in all circumstances. ESSSuper is not, to the extent permissible by law, liable for any loss, damage, claims and expenses arising from unauthorised access to the EOL System or the information retained therein. While care has been taken in relation to the accuracy and reliability of the EOL System, ESSSuper shall not be liable, to the extent permitted by law, for any loss or damage, however caused, as a result of use of the EOL System.

7. Jurisdiction

These Terms are governed by the laws of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria for determining any dispute concerning the Terms or use of the EOL System. Unauthorised use of the EOL System may give rise to civil and/or criminal liability.

If a party fails to or delays in exercising any right or power under these Terms, this will not be a waiver of that right or power and will not prevent that party from exercising that right or power in the future.

If any provision of these Terms is invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

8. Modification

ESSSuper will give you notice of these changes by publishing revised Terms on the EOL System dashboard. However, you will not be separately notified of these changes.