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Adviser Registration Terms and Conditions

You must read and understand these Terms and Conditions before registering. By registering we will provide you with Adviser Online Access and the ability to receive Advice Fee Payments in respect of your clients who are Sunsuper members. 

By registering with Sunsuper you agree that you:

  • have read and understood these Terms and Conditions; and,
  • have considered these Terms and Conditions in accordance with your other legal obligations; and,
  • understand your Adviser Online password is yours only, and that you are at all times solely responsible for ensuring the security of it; and,
  • understand that you are responsible for the security of any Sunsuper member information you access via any Third Party Application.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify:

  • the application of any provisions of The Australian Consumer Law in the Competition and Consumer Act 2010, the Corporations Act 2001, the Australian Securities and Investment Commission Act 2001 or any equivalent State and Territory legislation;
  •  the exercise of any right conferred by such provisions or Sunsuper's liability for a breach of a condition or a warranty implied by such a provision.

In the event of inconsistency with any such provision or with any other law, these Terms and Conditions will be read down accordingly.

1. Terms and Conditions

This document sets out the terms and conditions for Adviser Online, access to Sunsuper member information via Third Party Applications, and Advice Fee Requests.

To register for Adviser Online, you must be listed on ASIC’s financial adviser register.

2. Meaning of Terms

References in this document to 'Fund' are to Sunsuper Superannuation Fund ABN 98 503 137 921. References in this document to 'Sunsuper' are to Sunsuper Pty Ltd ABN 88 010 720 840 as trustee for the Fund. 'We', 'us' or 'our' refers to Sunsuper and/or the Fund as the context requires.

'Advice Fee' means a fee payable to a Financial Adviser for the provision of personal financial advice to a member of Sunsuper in respect of the member’s interest in Sunsuper Superannuation Fund.

'Advice Fee Request' means a request by a Financial Adviser, in a form approved by Sunsuper, to pay an Advice Fee authorised by a Sunsuper member.

'Adviser/s' and 'Financial Adviser/s' means the individual registered for Adviser Online.

'Adviser Online' is the online service that Sunsuper provides to financial advisers for accessing information regarding their clients who are members of Sunsuper.

'Adviser Online Access' means the permission (including ongoing permission) Sunsuper applies to a financial adviser after logging into Adviser Online.

‘Third Party Application’ means an application provided by a third party which allows you to access information about your clients who are Sunsuper members (e.g. a data feed via a third party financial planning software provider).

'You', 'yourself' and 'your' refers to the Financial Adviser permitted access to use Adviser Online. Any references to 'you', 'yourself' and 'your' includes a reference to any third party you have authorised to use your Adviser Online Access with the intent that you shall be liable for any use of your Adviser Online Access and for any failure on the part of any such third party to observe these Terms and Conditions.

3. Accepting these Terms and Conditions

You accept and agree to be bound by the Terms and Conditions:

(a) by submitting a Financial Adviser registration; and
(b) after any variation to the Terms and Conditions, by continuing to access Adviser Online under the varied Terms and Conditions. 

4. Continued Application of Terms and Conditions

Sunsuper may vary these Terms and Conditions at any time without prior notice to you.

Sunsuper will provide written notice of variations to these Terms and Conditions. This notice may be given by providing varied Terms and Conditions at a location on the website that is prominently displayed and accessible through use of Adviser Online.

If you use Adviser Online after a notice of variation to the Terms and Conditions has been given, you will be taken to have accepted the Terms and Conditions as varied.

If you do not agree to the Terms and Conditions in Adviser Online, you will not be able to access member information via Third Party Applications, and you will not be able to submit Advice Fee Requests.

5. Cancellation of Services

Your registration will remain valid until Sunsuper has cancelled it.

Sunsuper will cancel your registration if (for example):

  • you have contacted us to instruct cancellation; or,
  • Sunsuper has reasonable grounds to suspect usage that is fraudulent or not within the Terms and Conditions or there are other security reasons sufficient to require cancellation.

This is not an exhaustive list and Sunsuper may, at any time without prior notice, cancel your registration for any reason and without giving reasons.

Sunsuper may cancel your registration where you have changed AFS Licensee, and you acknowledge that a change of AFS Licensee may result in the expiration of all existing authorities you hold on Sunsuper member accounts. However Sunsuper may agree to implement changes to your registration (see paragraph 9).

When your registration is cancelled you will no longer have access to Adviser Online and will not be able to submit Advice Fee Requests.

6. Availability of Services

Sunsuper will use all reasonable efforts to ensure that services specific to your registration (e.g. Adviser Online and Advice Fee Requests) are available at all times. Sunsuper will not be liable for or in connection with:

  • failure of a service to perform, in whole or in part, any function which we have specified it will perform;
  • the unavailability of a service to you, in whole or part, because of the failure of any communication network, ancillary equipment or any circumstance beyond our reasonable control, or;
  • delays or errors in the execution of any transaction, information content or instruction because of the failure of any communication network, ancillary equipment or any circumstance beyond our reasonable control.

7. Use of Adviser Online

Sunsuper will use all reasonable efforts to ensure that the information displayed in Adviser Online is without errors and corrections are made promptly. Sunsuper will take all reasonable precautions to protect the confidentiality of the information held in Adviser Online.

7.1 Access and Security

7.1a
Adviser Online allows a Financial Adviser to access information regarding their clients who are members of Sunsuper. By logging into Adviser Online, you agree that you will:
• only access Sunsuper member information you are properly authorised to access; and,
• notify Sunsuper immediately if you have been provided access to any Sunsuper member information that you should not have access to.

7.1b
Sunsuper will provide Financial Advisers with a temporary password which will require changing the first time it is used to login to Adviser Online. To maximise the security of your client's information, you should regularly change your Adviser Online password.

7.1c
Sunsuper staff will never ask you for your password. You must ensure at all times that:
• your password is kept secure and not disclosed to anyone; and,
• you do not by any other action or omission allow any person other than yourself to access your client's information or effect any transactions relating to Adviser Online.

You must:
• protect your password from being lost, stolen or disclosed;
• log off immediately after you have finished accessing Adviser Online.

You must not:
• keep a written record of your password;
• give, show or tell your password to anyone;
• allow any person to read or hear your password, or watch you enter your password.

7.1d
You acknowledge that:
• you understand that your password allows anybody access to personal information and effect any transactions permitted by Adviser Online. Leaving your computer unattended while logged into Adviser Online may lead to these consequences;
• you authorise Sunsuper, when access to Adviser Online has been gained following the successful entry of your password, to treat any operations involving your Adviser Online Access (whether involving access to all information or the effecting of any transactions) as having been personally authorised in writing by you;
• Sunsuper are under no duty whatsoever to enquire or establish if a person accessing Adviser Online is a person actually authorised; and
• you understand that no data transmission over the internet can be guaranteed as totally secure and that, while Sunsuper will take all reasonable measures to protect the security of such information, Sunsuper cannot ensure or warrant the security of any information transmitted using Adviser Online.

7.1e
If you suspect that your password may have become known to any other person, or that for any reason another person may have been in a position to access Adviser Online on your behalf, you must ensure that:
• your password is changed; and,
• you inform us immediately on 1800 142 470

7.2 Currency and Accessibility

You acknowledge that:
• all information available through Adviser Online may not always be current;
• any transactions effected via Adviser Online may take some time to process; and,
• the services and functions offered through Adviser Online may not all be available at all times.

7.3 Liability

7.3a
You agree that you are solely responsible for all use of your Adviser Online Access, including all information accessed and any transactions made.

You agree that all use of Adviser Online will be for lawful purposes only, and that you are liable for any use for unlawful purposes.

You accept full responsibility and indemnify us for any claims arising from expenses, loss or liability that is incurred by any person as a result of your use of Adviser Online and your Adviser Online Access, other than as provided in paragraphs 7.3c and 7.3d.

7.3b
Without limiting paragraph 7.3a, you are liable in respect of access to all information and any transactions made:
• when access to Adviser Online has been gained following the successful entry of your password;
• if you disclose your password to another person or fail to keep it properly secure; or,
• if by your action or omission, an unauthorised third party has gained access to Adviser Online following the successful entry of your password.

7.3c
For the purpose of clause 7.3a and 7.3b and any other misuse of your Adviser Online Access, you will continue to be liable in relation to all information accessed or any transactions effected up until the time you notify Sunsuper on 1800 142 470 that:
• the password may have become known to someone not entitled to know it, or;
• unauthorised Adviser Online Access may have been gained in some other way, and;
• Sunsuper has had a reasonable opportunity to take appropriate security measures.

7.3d
You will not be liable for unauthorised access to, or any transactions effected upon, Adviser Online Access following correct entry of your password if all of the following apply:
• you were in no way responsible for the password becoming known to, or Adviser Online being used by, an unauthorised user;
• you were not otherwise in breach of these Terms and Conditions;
• you have otherwise acted honestly and reasonably and taken all due and proper care in the use of Adviser Online and your Adviser Online access;
• you fully co-operate with us and assist in investigation the circumstances that may have resulted in the unauthorised access of an unauthorised transaction.
Nothing in this clause 7.3d is to be taken as imposing a duty or obligation on Sunsuper that would not otherwise apply.

7.3e
Sunsuper is not liable for:
• reliance by anyone on information obtained through the use of Adviser Online and your Adviser Online Access;
• any failure by Adviser Online to provide information or perform operations requested, or any delays;
• any amount of loss or damage, except in the event of our negligence, fraud or deliberate misconduct;
• indirect, consequential or special loss or damage however caused, including as a result of negligence, whether or not the loss or damage was foreseeable;
• unavailability of Adviser Online; or,
• any events whatsoever beyond Sunsuper's control.

8. Third Party Applications

Sunsuper may from time to time have arrangements in place which allow Advisers to access Sunsuper member information via a Third Party Application.
Where such an arrangement is in place, and you access Sunsuper member information via that Third Party Application, this clause applies.

8.1 Access and Security

8.1a
When using any Third Party Application, you agree that you will:
• only access Sunsuper member information you are properly authorised to access; and,
• notify Sunsuper immediately if you have been provided access to any Sunsuper member information that you should not have access to.

You agree that the Sunsuper member information you access via any Third Party Application will only be used for lawful purposes, and that Sunsuper may cancel your ability to access Sunsuper member information via any Third Party Application at any time.

8.1b
Before you can access Sunsuper member information via any Third Party Application, Sunsuper will give you an ‘Authorised Person ID’ (in additional to your Adviser Online login).

The Authorised Person ID will be used by the provider of the Third Party Application to validate your authority to access Sunsuper member information and limit your access to information about Sunsuper member accounts over which you hold an existing authority.

8.1c
You must ensure at all times that:
• your password to any Third Party Application, and your Authorised Person ID, are kept secure and not disclosed to anyone; and,
• you do not by any other action or omission allow any person other than yourself to access your client's information via any Third Party Application, except where you allow a person other than yourself to access your client’s information for the purpose of assisting you to provide financial advice to your clients.

You must protect your Third Party Application password and Authorised Person ID from being lost, stolen or disclosed.

You must not give, show or tell your Third Party Application password or Authorised Person ID to anyone.

8.1e
If you suspect that your Authorised Person ID may have become known to any other person, or that for any reason another person may have been in a position to access Sunsuper member information via the Third Party Application other than as allowed under cause 8.1c, you must ensure that you inform us immediately on 1800 142 470.

8.2 Currency and Accessibility

You acknowledge that all Sunsuper member information provided to you via any Third Party Application is provided by the supplier of that Third Party Application.
As such, Sunsuper is not responsible for:
• ensuring that the Sunsuper member information provided via any Third Party Application is accurate or without error;
• reliance by anyone on information obtained through the use of any Third Party Application;
• ensuring you are able to access to Sunsuper member information via any Third Party Application;
• ensuring availability of any services and functions offered through any Third Party Application; or,
• enquiring or establishing if a person accessing Sunsuper member information via any Third Party Application is a person actually authorised to access that Sunsuper member information.

8.3 Liability

8.3a
You agree that you are solely responsible for your use of any Third Party Application, including all information accessed via any Third Party Application, and any breach of these Terms and Conditions.

You agree that your use of any Third Party Application will be for lawful purposes only.

8.3b
Without limiting paragraph 8.3a, you understand that you are liable in respect of access to all information via any Third Party Application:
• if you disclose your Third Party Application password or Authorised Person ID to another person or fail to keep them properly secure; or,
• if by your action or omission, an unauthorised third party has gained access to Sunsuper member information via any Third Party Application.

9. Advice Fees

9.1 Advice Fee Requests

9.1a
Sunsuper may pay Advice Fees in respect of a member on receipt of an Advice Fee Request, in a form acceptable to Sunsuper, signed by that member and the Financial Adviser.

9.1b
Sunsuper may impose rules, restrictions and limitations on payment of advice fees from members’ accounts (for example, a minimum account balance).

9.1c
An Advice Fee Request may be for Initial/One-Off Advice and/or for Ongoing Advice.

9.1d
An Advice Fee Request supersedes and replaces any Advice Fee Request previously submitted.

9.2 Payment to AFS Licensee

9.2a
Sunsuper will pay Advice Fees that are payable in accordance with these Terms and Conditions in respect of a member to the AFS Licensee named on the current Advice Fee Request for that member. 

9.2b
Sunsuper will pay advice fees (Initial/One-Off and/or Ongoing) in respect of a member to the AFS Licensee named on the Advice request form, until Sunsuper becomes aware that the Financial Adviser has changed AFS Licensee.

9.2c
Sunsuper will pay a monthly amount to an AFS Licensee that has one or more Financial Advisers registered for Adviser Online. The monthly amount will comprise all Advice Fees for Initial/One-Off Advice and Ongoing Advice in respect of the month, which are the subject of Advice Fee Requests submitted by those Financial Advisers that Sunsuper has agreed to pay in accordance with these Terms and Conditions. However Sunsuper may agree to pay an Advice Fee for an Initial/One-Off Advice earlier than the next monthly amount.

9.3 Withdrawal of Advice Fee Request

A member may withdraw or revoke an Advice Fee Request at any time by notice to Sunsuper (in writing or verbally).
On receiving and processing a withdrawal or revocation:
• Sunsuper will notify the Financial Advisers that the withdrawal or revocation has been received; and
• Sunsuper will not make any further payments under the Advice Fee Request.

9.4 Sunsuper's sole purpose test obligations

Sunsuper is required to meet the sole purpose test prescribed in the Superannuation Industry (Supervision) Act 1993 in respect of all payments from the Fund, including payment of Advice Fees.

Sunsuper relies on the co-operation of Financial Advisers to help ensure Sunsuper does not breach the sole purpose test. This is a matter of critical importance to Sunsuper because any breach of the sole purpose test may jeopardise Sunsuper's RSE Licence.

Under the sole purpose test, Sunsuper may only apply Fund money for the purpose of providing members with benefits at retirement or in other limited allowable circumstances including payment of death, total and permanent disability or income protection insurance benefits.

Sunsuper may apply Fund money to support certain member services that are consistent with the sole purpose test, such as financial advice about a member's benefit in the Fund including; joining the Fund, consolidation into the Fund, investments, contributions, insurance, beneficiary nomination, and pension arrangements in the Fund.

Further information about Sunsuper’s sole purpose test obligations is detailed in Advice Fee Request FAQs.

9.5 Sunsuper's policy for Advice Fee Payments

9.5a
Sunsuper's policy is to approve payment of Advice Fees where:
• the member provides consent to the payment of the Advice Fee; and,
• the financial advice and advice services provided for which the Advice Fee is payable relates solely to the member’s interest in the Sunsuper Superannuation Fund.

9.5b
Participation by Financial Advisers in this programme is at Sunsuper's discretion.

9.5c
Sunsuper also retains discretion to, in any particular case:
• refuse to pay an Advice Fee in accordance with an Advice Fee Request; or
• make payment of an Advice Fee for only a portion of the amount specified in an Advice Fee Request,
for any reason and without giving any reasons.

9.5d
Sunsuper may at any time notify a Financial Adviser that Sunsuper will not make any further payments of Advice Fees in respect of Advice Fee Requests submitted by that Financial Adviser.

9.5e
Where Sunsuper has made payment of an Advice Fee and Sunsuper suspects that the Advice Fee was charged (partly or wholly) for financial advice that was not consistent with the sole purpose test, Sunsuper may require an AFS Licensee to refund the payment of an Advice Fee, for re-credit to the member’s Sunsuper account.

9.6 Review and monitoring

9.6a
Sunsuper may request a Financial Adviser to supply evidence demonstrating that the advice for which payment was requested under an Advice Fee Request was consistent with the sole purpose test.

9.6b
Sunsuper will periodically review Advice Fee Requests submitted by Financial Advisers, with a view to assessing whether there are grounds to suspect that requests have been made for advice which are not consistent with the sole purpose test.

9.6c
For this purpose, Sunsuper may from time to time request the following information from a registered Financial Adviser in respect of all members for which the Adviser has submitted Fee Advice Requests, or any of them:
• a copy of the complete Statement of Advice, or,
• a copy of the Record of Advice, or,
• other evidence of the advice services provided.

9.6d
Without limiting Sunsuper’s rights to cancel registration under paragraph 5, Sunsuper may cancel your registration if you do not provide requested information to Sunsuper’s satisfaction.

9.7 Change of AFS Licensee

Without limiting Sunsuper’s rights to cancel registration under paragraph 5, Sunsuper may apply the following rules where Sunsuper becomes aware of a change of AFS Licensee in respect of a Financial Adviser:

9.7a
Sunsuper will not pay any further amounts by way of Initial/One-Off and/or Ongoing Advice Fees until Sunsuper receives notice from the AFS Licensee that the member is still receiving advice services from:
• the same Financial Adviser (Transferred Adviser) operating under a different AFS Licensee (New Licensee); or,
• a different Financial Adviser (New Adviser) operating under the same AFS Licensee (Nominated Licensee).

9.7b
Where:
• the Transferred Adviser is providing services to the member under a New Licensee; and
• the Transferred Adviser is re-registered for Adviser Online in respect of the New Licensee,

Sunsuper may commence payments to the New Licensee, including any outstanding payments, in respect of Advice Fee Requests submitted by the Transferred Adviser.

9.7c
Where:
• a New Adviser is providing services to the member under the Nominated Licensee; and
• the New Adviser is registered for Adviser Online,

Sunsuper may re-commence payments to the Nominated Licensee, including any outstanding payments, in respect of Advice Fee Requests submitted by the Transferred Adviser.

9.7d
Sunsuper will require written notice from the Nominated Licensee before any further payments are made.

10. Privacy of Financial Adviser information

The purpose for which Sunsuper is collecting your information is to administer Adviser Online Access, Advice Fee Requests, and Third Party Applications. If the information requested is not provided, Sunsuper will not be able to register you as a Financial Adviser.

Sunsuper may also use this information to notify you about Sunsuper and other products. Sunsuper does not normally disclose personal information to parties outside the Sunsuper group, except parties contracted to provide services to Sunsuper.

This includes but is not limited to the Fund's administration service provider, insurer, auditors and legal advisers. Sunsuper also might be required by law to disclose information about you, for example to Government bodies such as AUSTRAC, and Sunsuper may disclose information to relevant overseas bodies in various countries, as described in Sunsuper's Privacy Policy.

Sunsuper's Privacy Policy sets out how you can access information about your personal details held by Sunsuper, correct any information which is inaccurate or out-of-date and information on the privacy complaints process.

You can read Sunsuper's Privacy Policy here or call 13 11 84 for a copy.

11. Further information

You can contact us by:

Telephone (Customer contacts): 13 11 84 or 1800 142 470

Email: adviser_services@sunsuper.com.au.

Write to us at: GPO BOX 2924, Brisbane QLD 4001