1. Terms and Conditions
You must read and understand these Terms and Conditions before registering. By registering we will provide you with access to Adviser Online and the ability to:
- access Member Information via Third Party Services, and
- make Advice Fee Requests,
(collectively, and individually, the Services).
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.
When you register and activate your account, we will provide you with a temporary password which will require changing the first time it is used to login to Adviser Online.
By registering with Sunsuper you agree that you:
- have read, understood and have accepted these Terms;
- have considered these Terms in accordance with your other legal obligations;
- understand your Adviser Credentials are yours only, and that you are at all times solely responsible for ensuring its security;
- understand that you are responsible for the security of any Member Information you access; and
- understand that you must not make any statement, use the Sunsuper logo for self-promotion or publish any material that could mislead someone into believing you are employed or licensed by Sunsuper or a Sunsuper affiliate (unless Sunsuper provides its prior written consent).
3. Variation of Terms
Sunsuper may vary these Terms at any time without prior notice to you. We will update you by notifying you on Adviser Online. If you use the Services after a variation to the Terms, the updated Terms will apply to your use of the Services.
If you do not agree to the Terms, you will not be able to access the Services or any information accessible via the Services.
4. Collection Notice and Privacy
Sunsuper may also use this information to notify you about Sunsuper and other products. We may disclose personal information to third parties that help us deliver the Services (including information technology suppliers and our business partners) or as required by law.
5. Suspension or cancellation of the Services
We may cancel, restrict or suspend your access to the Services, in whole or in part, at any time (acting reasonably) without notice and will not be responsible for any loss, cost or damage or liability that may arise as a result. Sunsuper will also cancel your access to the Services if (for example):
- you have requested us to do so; or
- Sunsuper has reasonable grounds to suspect:
- usage that is fraudulent; or
- that you are not complying with the Terms; or
- there are other security reasons sufficient to require cancellation.
Sunsuper will also cancel your access to the Services where you have changed AFS Licensee. You acknowledge that a change of AFS Licensee will result in the expiration of all existing authorities you hold on Sunsuper member accounts, as well as the immediate suspension of any outstanding Advice Fees until we have:
- confirmed that you are registered on the ASIC Financial Adviser Register;
- confirmed that you have an authority to access relevant Sunsuper member accounts, which may include existing third party authorisations or consent forms; and
- where relevant, received appropriate (as determined by us) documentation from your previous AFS Licensee and new AFS Licensee relating to relevant member authorities.
6. Availability of Services
To the maximum extent permitted by law, including the Australian Consumer Law and as otherwise specified in these Terms, we make no warranties or representations about the Services (including Third Party Services), including but not limited to warranties or representations that they will be complete, accurate, or up-to-date, that access will be uninterrupted or error free or free from viruses, or that the Services will be secure.
Sunsuper will not be liable for or in connection with:
- failure of a Service (including any Third Party Services) to perform, in whole or in part, any function which we have specified it will perform;
- interference or damage to your systems occurs in connection with your use of the Services (including any Third Party Services);
- the unavailability of a Service (including any Third Party Services) to you, in whole or part; 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.
Sunsuper will use all reasonable efforts to ensure that the Services specific to your registration are available at all times and 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 your information and any Member Information held in Adviser Online or stored on our networks.
7. Your obligations
a. Australian Financial Services Licence
You must be registered on the ASIC Financial Adviser Register and hold the necessary authorisations and conditions required to provide the financial services that are the subject of your engagement with Sunsuper members.
You must only utilise the Services (including any Third Party Services) on behalf of Sunsuper members to assist in providing the financial services that are the subject of your engagement with the Sunsuper members in a manner consistent with your AFS Licence or your employment (as applicable), applicable law, ASIC Policy and the terms and conditions of your engagement with Sunsuper members (the Purpose).
You must not make any representations to any Sunsuper member that may cause a reasonable person to consider that we endorse or are otherwise responsible for any financial product advice or other financial services provided by you.
You must immediately notify us if you become aware of:
- any possible breach of these Terms, your AFS Licence or employment under such AFS Licence, the Corporations Act or ASIC Policy by you;
- a Sunsuper member terminating their engagement with you;
- any complaint that relates to your use of the Services (including any Third Party Services); or
- any event that may be detrimental to us, our business, reputation or goodwill, or the business and reputation of any of our affiliates.
You acknowledge, represent and warrant to us that:
- any financial service in relation to which you access or use the Services (including any Third Party Services) is solely provided to the Sunsuper member pursuant to the terms of the engagement between you and each relevant Sunsuper member;
- you are duly authorised by each relevant Sunsuper member to undertake all actions involved in and related to your use of Services (including any Third Party Services); and
- you are duly authorised to provide the financial services that are the subject of your engagement with each relevant Sunsuper member.
b. Other obligations
- only use the Services (including any Third Party Services) and Member Information for the Purpose;
- comply with applicable laws relating to your use of the Services (including any Third Party Services);
- comply with all reasonable Sunsuper requests relating to your use of the Services (including any Third Party Services);
- store all information obtained via the Services (including any Third Party Services) in a manner consistent with good industry practice;
- take all reasonable steps to ensure that no harmful code, virus, worm, trojan horse or other malicious code is introduced into the Services (including any Third Party Services) or any data or information accessed via the Services; and
- treat all information obtained via the Services (including any Third Party Services) as confidential and not disclose such information unless otherwise authorised under these Terms, or if the information pertains to a Sunsuper member with their consent.
8. Access and Security
You agree that you will:
- only access Member Information you are authorised to access and use such Member Information for the Purpose;
- notify Sunsuper immediately if you have been provided access to any Member Information that you should not have access to (including access via the Third Party Services); and
- 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 or any Third Party Services on your behalf, ensure that:
- your password is changed; and
- you inform us immediately on 13 11 84
b. Your password and Adviser Credentials
Sunsuper staff will never ask you for your password. You agree that you will:
- ensure at all times that your password is kept secure and not disclosed to anyone;
- not allow any person other than yourself to access Member Information or effect any transactions relating to the Services;
- protect your Adviser Credentials from being lost, stolen or disclosed;
- log off immediately after you have finished accessing the Services; and
- not keep a written record of your password.
To maximise the security of Member Information, you agree to regularly change your Adviser Online password.
You acknowledge and agree that:
- your password allows anybody access to Member Information and the ability to effect any transactions permitted by the Services;
- when access to Adviser Online has been gained following the successful entry of your password, any operations involving your Adviser Credentials will be taken to have been authorised and effect by you in writing;
- we are under no duty whatsoever to enquire or establish if a person accessing the Services is you; and
- 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 the Services.
9. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Adviser Online and the Services (other than any Third Party Services), and it all of the material made available via Adviser Online or the Services (the Content).
Your use of the Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to Adviser Online, the Services or the Content. However, we do grant you a licence to access the Services and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our Third Party Service providers.
10 Third Party Information and Services
The Services incorporate and use Third Party Information and Third Party Services. Neither Sunsuper nor the relevant third party is responsible for the Third Party Information or Third Party Services and makes no representation as to the accuracy, reliability, timeliness or appropriateness of the Third Party Information or Third Party Services.
a. Sunsuper’s Liability
To the maximum extent permitted by law, including the Australian Consumer Law, the Services (including any Third Party Services) are provided ‘as is’ and in no event shall we be liable for any direct or indirect loss, damage or expense suffered by you or any third party arising under or in connection with these Terms. Our liability in respect of any non-excludable warranties or conditions relating to the Services is limited to resupplying the relevant Services (including any Third Party Services) or the reasonable cost of resupplying the relevant Services, as determined by Sunsuper.
b. Your liability
To the maximum extent permitted by law, including the Australian Consumer Law, you agree to indemnify us and any Third Party Service Providers in respect of all loss, damage, costs, expenses, direct and indirect loss or consequential loss howsoever arising in connection with:
- any breach of these Terms;
- your use of the Services (including any Third Party Services);
- any financial services that you provide to Sunsuper members, including the services that you provide through accessing and using the Services; and
- fraud, wilful misconduct or negligence.
12. Advice Fee Policy
a. Fund (Trustee) Discretion
The facility to pay advice fees from a member’s account is at the Fund’s discretion. The Fund will pay an advice fee where:
- the request complies with these Terms and the Sunsuper’s Advice fee request FAQ’s;
- you have completed an Advice fee request form to Sunsuper’s satisfaction;
- your AFS Licensee has signed an AFS Licensee Agreement with Sunsuper; and
- Sunsuper is satisfied the payment of the advice fee is permitted having regard to Sunsuper’s Sole Purpose Test Obligations.
The Sole Purpose Test as it is prescribed within the Superannuation Industry (Supervision) Act 1993 (SIS Act) permits the use of Fund monies only as it pertains to the provision of benefits to members in retirement, or in other limited allowable circumstances including payment of death, total and permanent disability or income protection benefits.
The Fund may therefore apply Fund monies where it supports certain member services that are consistent with the Sole Purpose Test, such as the payment of financial advice fees where the advice provided has a direct, reasonable and transparent connection to the members continued interest in the Fund.
You agree to review these Terms, the Advice Fee Request FAQs and Advice fee request form for further information regarding:
- The rules, restrictions, limitations and conditions of payment of Advice Fees from member accounts; and
- Sole Purpose Test obligations as it relates to Advice Fees and the Fund.
b. Member Disclosure Obligations
You agree that Sunsuper’s Advice fee request form is not a substitute for, and must not be used by you or your AFS Licensee to satisfy, any consent or disclosure obligation imposed on you or your AFS Licensee under the Corporations Act 2001 (Cth) (including the rules relating to the charging of ongoing advice under Part 7.7A Corporations Act).
c. AFS Licensee Agreement
You acknowledge that the Fund will not process an Advice Fee Request until the Fund has received an AFS Licensee Agreement in the approved form signed by your AFS Licensee.
d. Payment of Advice Fees
The Fund will only pay advices fees in accordance with these Terms, in respect of advice provided to a member to:
- the AFS Licensee named on the Advice fee request form; or
- where you have ceased with your current AFS Licensee, your new AFS Licensee where notification is provided in the appropriate form and within the approved timeframe as stipulated within these Terms (refer to section 5).
e. Advice & Fee Reviews
The Fund will periodically review Advice Fee Requests and payments of Advice Fees to ensure they meet the requirements outlined in these Terms.
You agree to cooperate with Sunsuper in relation to any reasonable requests made of you by Sunsuper during any review under this Clause.
You agree to provide any or all of the following documents for the purpose outlined in this Clause:
- the relevant sections and/or a complete copy of the Statement of Advice;
- the relevant sections and/or a complete copy of the Record of Advice;
- Client Services Agreements (or variation of this Document Type);
- other evidence of the advice services provided or to be provided.
A request of this nature may be made by Sunsuper in respect of any or all members for which you have submitted an Advice Fee Request.
f. Failure to provide documentation
You acknowledge that a failure or rejection by you to provide documentation upon request can result in the following:
- The cancellation of the advice fee, which is the subject of the documentation request;
- The cancellation of any or all your advice fees;
- The revocation and cancellation of your access to the Service; and/or
- A ban on any or all functions provided by the Service.
In acknowledging the above, you confirm that upon request you will reimburse any or all advice fees to be recredited to the member account/s.
g. Breach of Advice Fee requirements
You acknowledge that where an advice fee has been submitted which is not in accordance with these Terms, it can result in the following:
- The reduction of the advice fee in question;
- The reduction of any or all your advice fees;
- The cancellation of any or all your advice fee;
- The revocation and cancellation of your access to the Service.
- A ban on any or all functions provided by the Service.
In acknowledging the above, you confirm that upon request you will reimburse any or all advice fees to be recredited to the member account/s.
13. Further information
You can contact us by:
Telephone (Customer contacts): 13 11 84
Write to us at: GPO BOX 2924, Brisbane QLD 4001
14. Applicable Law
These Terms and your use of the Services are governed by and is to be construed in accordance with the laws applicable in Queensland.
Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts exercising jurisdiction in Queensland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify:
- the application of any provisions of the Australian Consumer Law, the Corporations Act 2001 (Cth), the Australian Securities and Investment Commission Act 2001 (Cth) or any equivalent State or Territory legislation; and
- 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.
16. Meaning of Terms
'Advice Fee' means a fee payable 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 the Services.
‘Adviser Credentials’ means, individually and collectively, Adviser Online Access and Third Party Access as the circumstances requires.
'Adviser Online' means 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 user name and password required to access Adviser Online.
‘AFS Licensee’ or ‘Licensee’ means the holder of the Australian Financial Services License under which financial advice is provided by the Adviser.
‘ASIC’ means the Australian Securities and Investments Commission.
‘ASIC Financial Adviser Register’ means the register of individuals who are authorised as a financial adviser maintained by ASIC.
‘ASIC Policy’ means any regulatory guides, legislative instruments and class orders or any other binding rules issued by ASIC.
‘Australian Consumer Law’ or ‘ACL’ means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) .
‘Financial Advice Practice’ means an entity that employs one or more Financial Advisers.
‘Member Information’ means information in relation to relevant Sunsuper member’s account.
‘Purpose’ has the meaning given to that term in clause 7.
‘Services’ has the meaning given to that term in clause 1.
‘Third Party Information’ means information supplied by a third party which is included as part of the Services.
“Third Party Services’ means a service provided by a third party which allows you to access information about your clients who are Sunsuper members, which for example may include a data feed via a third party financial planning software provider.
‘Third Party Access’ means the credentials and passwords required to access a Third Party Service (if any).
'You', 'yourself' and 'your' refers to the Financial Adviser or any person who you authorise to have access to the Services (on the basis that you acknowledge and agree that you are responsible for all acts and omissions of such person when accessing or using the Services).