Super Australia Online Terms

Definitions

1. In this Agreement, the following terms have the following meanings: “Agreement” means the agreement between SAO and the Customer for the provision of the Service, which comprises these Terms, the Application Form and any schedules or attachments provided by SAO; “Application Form” means any application in a form approved by SAO, made by the Customer for provision of the Service by SAO; “Charges” means any and all charges for the Service as notified to the Customer; “Customer” means the person named in the Application Form, provided that person is a natural person and is a departed temporary resident of Australia who has had a superannuation contribution made on his/her behalf whilst working in Australia; “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its related impositions; “SAO” means Super Australia Online (Victorian registered business B1741245D), its successors and assigns; “Service” means the service of assisting the Customer to access his/her superannuation contribution made on his/her behalf whilst working in Australia, prior to attaining the age of 55 and includes any additional service which SAO agrees to supply to the Customer subject to this Agreement.

The Service

2. This Agreement commences when SAO accepts (in its sole discretion) the Customer’s Application Form or upon payment of any Charges by the Customer to SAO (whichever occurs earlier) and continues until SAO has finished providing the Service or until terminated in accordance with its terms.

3. SAO agrees to perform the Service on the terms of this Agreement in consideration for the Charges.

4. The Service shall be supplied by any means determined by SAO, including using a website provided by SAO.

5. SAO shall be under no liability to the Customer or any other person for any delay in the commencement or provision of the Service.

6. SAO does not give any warranty in relation to the amount of time required to provide the Service (from acceptance of the Application Form, to the recovery of the Customer’s superannuation funds (if any)). Without limiting the last previous sentence, the Customer acknowledges that the time required to provide the Service may be several months or more and is in part dependent on relevant regulators, as well as postal delivery times (both in Australia and internationally).

7. The Customer acknowledges that: (a) special rules apply to superannuation funds which accrue in Australia in relation to New Zealand residents, as they are not eligible for departing Australian superannuation payments, and that it may not be possible to recover such funds on behalf of the Customer and the Customer warrants that he/she is not a resident of New Zealand; (b) special rules apply to superannuation funds which accrue in Australia in relation to United States, Netherlands, Portuguese, Chile and Croatia residents, which countries have separate social security arrangements, and that it may not be possible to recover such funds on behalf of the Customer and the Customer warrants that he/she is not a resident of any of those countries; (c) the Australian Government has expressed an intention to include provisions addressing double superannuation coverage in all future international social security agreements that Australia negotiates and this may affect the Customer’s entitlement to recover such funds from Australia in future; (d) some unfunded public sector superannuation funds which accrue in Australia are not able to be accessed prior to retirement age and it may not be possible to recover such funds on behalf of the Customer; and (e) the Customer’s superannuation funds will be subject to Australian tax, which is generally deducted prior to the funds being released by the Australian Government.

The Customer’s Responsibilities

8. The Customer must not commit, cause or allow any breach (or do anything which might put SAO or any of its proprietors, officers, employees, agents or associates in breach) of any law, regulation or direction by a regulator.

9. The Customer warrants that the information supplied by the Customer in relation to this Agreement is true and correct in every particular. Charges and Billing

10. All Charges shall be payable in advance. For the avoidance of doubt, SAO shall not be obliged to provide any service until all Charges have been paid in full and all funds cleared.

11. The Customer acknowledges that all Charges are non-refundable, even if SAO is unable, or fails, to recover any superannuation funds on behalf of the Customer (including without limitation due to changes in any laws).

12. The Customer acknowledges that, in addition to the Charges, there may be other fees and charges payable to regulatory authorities in Australia prior to recovering the Customer’s superannuation funds. SAO shall not be obliged to provide any service until all such fees and charges have been paid to the relevant regulatory authority.

13. The Customer shall pay accounts owing to SAO by one of the following credit cards: Visa, MasterCard or Bankcard.

14. Failure by the Customer to pay any outstanding amount within 30 days of the date of invoice will, without prejudice to SAO’s other rights: (a) be deemed a terminating event or, at SAO’s sole discretion, shall entitle SAO to suspend all or any of its obligations under this Agreement; and (b) entitle SAO to charge interest on the unpaid amount at a rate equal to 5% per annum above the overdraft rate of the ANZ Bank on the first Working Day following the due date for payment.

15. The Customer shall pay the Charges in full without any deduction or set-off whatsoever.

16. Unless expressly stated otherwise, all references to consideration (including Charges) relating to this Agreement are exclusive of GST.

17. SAO may impose an additional charge on the Customer in respect of any services which are in addition to the Service (and which SAO agrees to supply), or in any other reasonable circumstances.

18. All amounts under this Agreement are in Australian dollars. Limitations, Exclusions and Indemnities

19. The Customer acknowledges and agrees that the Service and this Agreement are subject to Australian laws and regulations in relation to superannuation and related matters, as amended from time to time.

20. The Customer acknowledges and agrees that any advice and information given by SAO are given on an “as is” basis but SAO is not required to provide such advice under this Agreement. Subject to this Agreement, SAO shall not be responsible for any loss or damage occasioned by the Customer in reliance thereon.

21. The Customer uses the Service at its own risk.

22. Subject to this Agreement: (a) all conditions, warranties and representations which are not expressly provided or included in this Agreement are excluded from this Agreement; and (b) SAO’s maximum aggregate liability to the Customer in contract, tort (including negligence), under statute or otherwise is limited to the maximum extent possible.

23. SAO’s liability is entirely excluded for any indirect or consequential loss or damage whatsoever including without limitation loss of profits, loss of business or anticipated savings and loss, corruption or destruction of data.

24. This Agreement includes terms implied by any statute which cannot be lawfully excluded, including those implied by the Trade Practices Act 1974 (Cth) and corresponding state and territory legislation. However, in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, SAO’s liability for breach of those terms (other than section 69 of the Trade Practices Act and corresponding state and territory legislation) will be limited, at its option, to any one or more of: (a) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and (b) in the case of services, supplying the services again or payment of the cost of having the services supplied again.

Suspension and Termination

25. Notwithstanding any provision in this Agreement, all or any part of this Agreement may be immediately suspended or terminated (in SAO’s sole discretion) by SAO: (a) if the Charges are not paid in accordance with this Agreement or if the Customer’s payment is refused or dishonoured by the Customer’s nominated financial institution; (b) if there is a significant change or likely significant change in the Customer’s financial position including without limitation bankruptcy, insolvency, a winding-up application or the appointment of a receiver or administrator; (c) if the Customer breaches any provision of this Agreement; or (d) if the Customer dies.

26. SAO is not required to suspend or give a notice of suspension under this Agreement before exercising its right to terminate all or any part of this Agreement.

27. The exercise by SAO of its right to suspend all or any part of this Agreement shall be without prejudice to its right to terminate all or any part of this Agreement.

Disclosure

28. The Customer authorizes SAO to provide personal information to its suppliers and to relevant regulators to the extent necessary to fulfil its obligations under this Agreement.

29. SAO may also collect the Customer’s personal information and use it for the purpose of providing information about other goods or services which SAO or any of its proprietors or associates may offer. The Customer gives its consent to the types of use of information described in these Terms.

30. The Customer gives its consent to SAO sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the Customer.

General

31. The terms of this Agreement including without limitation the Service are subject to change by SAO. SAO shall give not less than 30 days’ written notice to the Customer of any changes. In the event that the Service is substantially limited by such changes, the Customer shall be entitled to terminate this Agreement by written notice to SAO, provided the Customer must pay SAO for any goods supplied or services performed up to the time of termination.

32. The Customer must treat as confidential, keep secret and not use or disclose any information relating to the trade secrets, know-how, business practices, network or service configuration, operational or procedural information, charges, discounts or clientele, of SAO. Any such disclosure may only be made with the prior written consent of SAO. Any confidential information must be returned to SAO upon demand and/or at the termination or expiry of this Agreement. This clause shall survive termination of this Agreement.

33. Any provision which by its nature would survive termination or expiry of this Agreement (including without limitation any exclusion or limitation of liability or indemnity in this Agreement) shall survive termination or expiry of this Agreement.

34. The forbearance on the part of SAO from exercising any right under this Agreement (including without limitation any right to suspend or terminate all or any part of this Agreement) on the first date SAO is entitled to do so shall not constitute any waiver of SAO’s rights under this Agreement.

35. SAO will not be responsible for any delay or failure to perform its obligations under this Agreement caused by any act beyond its control including without limitation acts of God, wars, strikes, natural disasters and failures of any other provider.

36. This Agreement contains the entire understanding and agreement between the parties as to its subject matter. All previous negotiations, understandings, representations warranties (other than warranties set out in this Agreement), or commitments in relation to the subject matter of this Agreement are superseded by this Agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect to those matters. No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this Agreement or constitute a collateral agreement, warranty or understanding between the parties.

37. The Customer must not assign or purport to assign any of its rights or obligations under this Agreement without the prior written consent of SAO. SAO may assign or novate any of its rights or obligations under this Agreement and the Customer shall be deemed to have consented to such assignment or novation.

38. In the event of any inconsistency as between these Terms, any Application Form or other schedule or attachment to these Terms, the order of precedence shall be as follows: (a) the relevant schedule or attachment; (b) the Application Form; and (c) these Terms.

39. If any clause or part of this Agreement is held to be void, illegal or unenforceable for any reason, it shall be deemed to be severed from this Agreement without affecting any other clause or part of this Agreement.

40. SAO may sub-contract any of its obligations under this Agreement.

41. The person purporting to enter into this Agreement on behalf of the Customer warrants to SAO that he/she is duly authorized to enter into this Agreement in that capacity.

42. The Customer and SAO agree that the laws of Victoria, Australia shall govern this Agreement and each party irrevocably submits to the jurisdiction of Victorian courts and tribunals.

43. Any links appearing on the SAO "Links" page are for informational purposes only, and DO NOT imply an endorsement of the site, or it's products or services.

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