AMP Super

Part 2 – General Terms

5) To use our Platforms, you must have registered for access and accepted these Terms and Conditions. As part of registration, you will be issued with Login Details. These will include:

a) your Username; and

b) your Password.

6) We will let you know of any changes to these Terms and Conditions. You may need to re-accept these terms and conditions before logging in again. We encourage you to regularly check for changes to these Terms and Conditions. If you do not agree with any changes, you should stop using our Platforms.

7) There may be other services or tools available on our Platforms. You may be required to access additional terms or conditions prior to using these services or tools.

Using our Platforms

8) Information you can access through our Platforms can be sensitive, personal, and confidential. To protect your information, you agree to keep your Login Details safe and secure. This means that you acknowledge and agree that you are responsible for the safety of your Login Details. This may include:

a) setting a Password that is not obvious or easily guessed, and

b) not disclosing to any other person (including family members or friends) your Login Details.

9) We will never ask for your Login Details.

10) If you let another person use your Login Details and that person accesses our Platforms using your Login Details, you are responsible and liable for their use as if their use were by you and to the extent permitted by law, AMP is not responsible for any losses arising.

11) You must tell us as soon as possible if:

a) you suspect your Login Details are known to someone else;

b) you suspect any unauthorised access to or use of your accounts;

c) your Mobile Device is lost or stolen; or

d) you change your mobile number.

If you don’t take all reasonable steps to change your Login Details, or you unreasonably delay in letting us know about any security issue, you may be liable for unauthorised transactions.

12) By registering for our Platforms, you agree to receive communications for your Account by email if we have your email address. This may include communications from us or the Trustee’s related bodies corporate. We might send you product disclosure statements, statements and notices, product updates, financial services guides, statements of advice and any incorporated material, records of advice, annual statements and any other communications required or permitted by law. 

13) You must only access our Platforms for lawful purposes. You must not use our Platforms:

a) to access or collect personal information about other users, without authorised third party access for that specific user;

b) for any unlawful or dishonest activity;

c) to access, transmit, publish or communicate material, which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

d) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; 

e) to transmit, publish or communicate bulk and/or unsolicited messages; 

f) to impersonate any person or entity;

g) in any way that may bring negative exposure, detriment and/or harm to us, the Trustee, our suppliers or other users of the Platforms; or

h) in any way that may cause us or the Trustee, our suppliers or other users of the Platforms to incur liability to a third party.

14) You will need a Device to access our Platforms. You are responsible for the maintenance and operation of your Device and for the operation of the Platforms on your Device.

15) All software has security vulnerabilities and by using the Platforms, you accept the risks. We may make updates available to help address any vulnerabilities in our Platforms from time to time.

16) You are responsible for any network charges (including global roaming) associated with your internet use when accessing our Platforms.

Suspension of Access

17) We reserve the right to suspend, block access or terminate your use of our Platforms, the services provided through it and/or any of its features or components at any time and for any reason, without notice to you. If requested by us, you must immediately cease use of the Platforms and remove any data obtained from the Platforms from your Device. 

18) We may ask you to cease any conduct that we believe is contrary to your obligations under these terms. You must immediately comply with any such request.

19) You warrant that any personal or sensitive information, documents, or other information as may be required is correct, unaltered and that you are authorised to upload any documents or information that may be relevant to any request, transaction, or other valid use of the Platforms.

Availability

20) We will use reasonable endeavours to generally make the services provided through the Platforms available during our usual business hours. However, the availability of those services depends on various third-party suppliers of both you and us, and accordingly, we do not warrant or guarantee:

a) that you will be able to use the Platforms at any time; and

b) that your use of the Platforms will be continuous, uninterrupted, secure or error-free. 

21) You acknowledge and agree that the services provided through the Platforms may not be available for use from time to time, and that you may be disconnected from your use of those services at any time for any reason, including if: 

a) any network connection difficulties occur;

b) the systems providing those services are unavailable for any reason (including for maintenance purposes);

c) you breach these Terms and Conditions; or

d) AMP decides to terminate your access to those services for any reason.

22) AMP makes no guarantee as to the speed, reliability or other performance of our Platforms. The performance of our Platforms depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support our Platforms.

Accessible information

23) The information provided in our Platforms has been sourced from information believed to be accurate and reliable at the time it was sourced. Except where expressly stated, we do not give any guarantee, representation, or warranty as to the accuracy, completeness, or currency of any information made available through our Platforms nor do we accept any responsibility or liability for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in the information made available through the Platforms. Information may be subject to change without notice. 

24) Any information accessible on our Platforms does not take into account your particular investment objectives, financial situation or investment needs. You should consider your particular investment objectives, financial situation, and investment needs and consider consulting a financial adviser before making any decisions on whether to acquire or continue to hold a financial product.

25) To the extent permitted by law, we are not responsible for the content of any website which is owned by a third party that may be linked to our Platforms, 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 us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to the Platforms. In providing access to other websites, we are not recommending or endorsing any products or services offered by a third party. We do not warrant that those sites or any material contained in or obtained from those sites is error- or virus-free. Following the links to any other pages or websites is done so at your own risk.

Transactions

26) The account history and balances shown in our Platforms only show processed transactions. Transactions and unit prices may take up to three days after the date of the transaction.

27) If your employer pays any fees directly to AMP, these transactions are not reflected in your account history.

28) The performance of any investments referred to on our Platforms are not guaranteed by us, the Trustee, or the relevant fund managers. All 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.

Intellectual Property Rights

29) You acknowledge that all rights (including copyright), title and interest, including all intellectual property rights, in the Platforms and its component parts are our sole and exclusive property. You must not engage in any conduct or use of the Platforms in any manner that infringes our, the Trustee, or our related bodies corporates’ intellectual property rights. You have a non-exclusive, non-transferrable right to use the Platforms, subject to these Terms & Conditions.

Privacy

30) You authorise AMP to collect, use, and store any information you provide through our Platforms in accordance with:

a) these Terms and Conditions;

b) any approved purpose in line with the Privacy Policy; and

c) any relevant Privacy Collection Notice(s).

You also authorise us to collect, use, store, and provide this information to relevant third parties as may be required, to:

d) maintain and deliver our Platforms;

e) comply with our legal obligations;

f) optimise the Platforms for usage and user experience; and

g) provide you with ongoing information about financial services that may be useful for your financial needs through direct marketing.

If you do not want us to use your personal information for direct marketing purposes, please contact us or select the opt-out option in our Platforms.

31) If you use our Platforms, we may collect and store information (without limitation) such as:

a) the type of operating system and/or other software or firmware used by your Device;

b) the data you send and receive using our Platforms, and the type and quantity of that data;

c) the dates on which and times at which you use our Platforms; and

d) the IP and MAC address of your Device.

SuperMatch

32) You acknowledge that in order to use the Super Search function through our Platforms, a condition of the use is to verify your identity. We have arranged for one of our providers to carry this out on our behalf. If you have any issues or decline to have your identity verified, you may be unable to use the Super Search function through our Platforms. 

Consumer Law

33) To the extent permitted by law, we exclude from the terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom. The operation of the Consumer Guarantees is not excluded, restricted or modified under the terms.

Liability

34) Except for any liability under the Consumer Guarantees:

a) we are not liable for any Loss or other consequences arising from or in connection with: 

b) your use of (or inability to use) our Platforms, including, without limitation, any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;

c) any action taken or not taken by a third party in relation to a transaction that involves a third party; 

d) any information we provide to you that may be inaccurate; or

e) any damage to your Device as a result of use or attempting to use our Platforms.

35) To the extent permitted by law, our liability is limited to resupplying the services accessible through the Platforms or to paying for the resupply of services accessible through the Platforms or any part of it to you.

36) You accept full responsibility and indemnify us for any Losses incurred by us directly or indirectly, out of or in connection with the use, including (without limitation) any improper or unauthorised use of your Login Details or access to the Platforms. 

Miscellaneous

37) We do not waive a right, power or remedy in connection with the terms if we fail to exercise or delays in exercising the right, power or remedy.

38) Any rights exercisable by us are also available to the Trustee under the terms. 

39) If the whole or any part of a provision of the terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. 

40) The terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.