Members Online: Terms and conditions of use

The Members 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 use of the Members Online system and/or any other services that we provide in connection with the system including Members Online (MOL System). We reserve the right at any time to modify, update or otherwise alter these Terms. By accessing and using the MOL 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 the MOL System.

1. Establishment

ESSSuper is established under the Emergency Services Superannuation Act 1986 (Act). Where there is a discrepancy between the information on ESSSuper's website and the Act, the Act will prevail. A copy of the Act is publicly available online.

2. Nature of advice

The information contained on the MOL System is of a general nature only and does not take into account your personal investment objectives, financial situation or specific needs. Any information provided on the MOL System does not constitute financial, investment, professional, legal, or taxation advice. Before making any financial or investment decisions, you should read the relevant Product Disclosure Statement (PDS), available on the PDS and handbooks page of ESSSuper's website, for the products and consult an independent licensed adviser to ascertain whether the information provided on the MOL System is appropriate for you.

3. Accuracy of information

While care and effort has been taken in relation to the accuracy, completeness and reliability of the information provided on the MOL System, you should be aware that there is still the possibility of inadvertent errors and technical inaccuracies. As such, to the extent permitted by law, ESSSuper (and its directors, employees, and agents) do not make any representations or warranties that the information provided is reliable, accurate or complete and do not accept any responsibility in any way (including by reason of negligence) for errors in, or omissions from, the material available on the MOL System. ESSSuper will not accept liability for any loss or damage caused by reliance on the information provided on the MOL System. Your account information which appears on the MOL System is updated on a regular basis. However, it is possible that the information displayed may not accurately reflect the actual status of your account or benefit entitlements.

4. Communications

By using the MOL System, you authorise ESSSuper to send communications to you (including statement notifications, confirmation of transactions, notice of events, and changes required by law to be given to you) via your Members Online Inbox. You acknowledge and agree to receive notification of such ESSSuper communications via the registered email address you use to access the MOL System. If you prefer to receive hard copies of ESSSuper communications, you can opt-out of receiving electronic communications by notifying ESSSuper at any time. ESSSuper reserves the right to send you communications to your mailing address where it considers appropriate to do so.

5. Third party websites

The MOL System may contain various links to other websites (Linked Sites) operated by third parties and the Linked Sites may have their own terms and conditions of use. These Linked Sites are provided "as is" for your convenience and may not be current or maintained. The Linked Sites should not be construed as an endorsement, approval, or recommendation by ESSSuper of the owners or operators of those Linked Sites, or of any information, graphics, materials, products, or services referred to or contained on those Linked Sites. ESSSuper is not responsible for the content or privacy practices associated with any Linked Sites and by providing the Linked Sites, we do not warrant that those sites or any material contained in or obtained from those sites is error or virus free. ESSSuper will not accept responsibility either directly or indirectly for any loss or damage caused by your use of or reliance on the content of the Linked Sites.

6. Privacy Policy

Any personal information that is collected through the MOL 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. It includes information on our use of cookies and guidelines relating to links to third parties' websites.

7. Intellectual property

Copyright and other intellectual property rights in all material and information contained and provided on the MOL 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 the MOL System without the written permission of ESSSuper.

8. User accounts

ESSSuper will endeavour to ensure that your information remains confidential. However, you must take all reasonable precautions to safeguard your login details, including your member details and password (Login Details), and not disclose or allow your Login Details to be disclosed to any third party. You must immediately notify ESSSuper if you think your Login Details have been exposed or any unauthorised use of your password has occurred or if you suspect that any third party knows your Login Details. You agree to provide us with any assistance we require to investigate any unauthorised use of your account. Further, you agree and acknowledge that:

• We reserve the right to reset your Login Details and take such other action we consider is reasonably necessary in order to protect the security of your account;
• You will be solely responsible for all actions committed in relation to your access and use of the account unless you notify us otherwise; and
• We will not be liable for any loss or damage arising in connection with any actions committed by you that occurred prior to you notifying us that your Login Details may have been compromised.

9. Use of the MOL System

You must not use the MOL System in a manner that is unlawful. Specifically, you may not use the MOL System or the information on the MOL System to:

• Breach any law, regulation, or relevant code of conduct;
• Infringe 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); or
• Defame, abuse, harass, offend, or harm any person.

10. Our rights

ESSSuper reserves the right to restrict, suspend or terminate your access to the MOL System or any of its features at any time. This may include when your membership is no longer active or where ESSSuper has been notified of cessation of your employment.

11. Jurisdiction

These terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts of appeal from them in relation to any dispute concerning the Terms.