Terms and conditions

By using, accessing or participating in this website, you agree to the terms and conditions outlined on this page.



It is important you read and agree to the Terms and Conditions contained on this web page as you agree to be bound by them if you access, browse or use this website www.mercersuper.com.au (the "Site").

By accessing, viewing, relying on or otherwise using the Site, the member online account (“Member Online”) or the Mercer Super app (“App”), you're deemed to have read and agreed to these Terms and Conditions.

We may change these Terms and Conditions from time to time. The latest version of these Terms and Conditions will apply from the date they are displayed on this web page. We recommend you visit this web page regularly to ensure you keep up to date with any changes. Changes to these Terms and Conditions of use or functionality of our websites may be necessary due to circumstances outside of our control as a result of the terms of our agreements with third party service providers that assist the Trustee in providing our websites or for compliance reasons.

Please also read our Privacy Policy , which sets out how we collect, use and disclose personal or sensitive information about you.

The Site, Member Online and App are provided by Mercer Outsourcing (Australia) Pty Ltd (MOAPL) (“Provider”) ABN 83 068 908 912, Australian Financial Services Licence #411980.

Mercer Superannuation (Australia) Limited (the “Trustee”) ABN 79 004 717 533, Australian Financial Services Licence #235906, is the trustee of the Mercer Super Trust ABN 19 905 422 981 (the “Fund”), which includes the Corporate Superannuation, Retail and Allocated Pension Divisions.  Allocated Pensions and Transition to Retirement Allocated Pensions are provided through the Allocated Pension Division of the Mercer Super Trust.

Any advice provided is of a general nature and does not take into account your objectives, financial situation or needs. Before acting on any advice we recommend you obtain your own financial advice and consider the Product Disclosure Statement available at mercersuper.com.au. The product’s Target Market Determination setting out the class of people for whom the product may be suitable can be found at mercersuper.com.au/tmd.

Mercer Financial Advisers are authorised representatives of Mercer Financial Advice (Australia) Pty Ltd (MFAAPL) ABN 76 153 168 293, Australian Financial Services Licence #411766. Please view the Financial Services Guide for more details. The trustee has appointed MFAAPL to provide financial advice services for members of the Mercer Super Trust.

‘MERCER’ is an Australian registered trademark of Mercer (Australia) Pty Ltd ABN 32 005 315 917.
 

Mercer Super Terms and Conditions


The Site, Member Online and App are not updated in real time and so transactions and other changes made to your account may not be shown immediately.

These Terms and Conditions do not apply to websites that the Provider, the Trustee or related bodies corporate of the Provider or the Trustee do not own or operate.

In accessing, browsing or using the Site, Member Online or App you acknowledge and agree that:

  1. Any personal or sensitive information you provide via the Site, Member Online or App  will be collected, used and disclosed in accordance with Mercer's Privacy Policy.
  2. If the Trustee has requested that you be able to view and/or change your superannuation account (“Account”) details via Member Online or the App (hereafter we refer to these facilities collectively and individually as the “Service”, as the context may require) and the Provider has agreed to permit you to use the Service, you are provided with personal login details that will permit access to the Service.
  3. Access to your Account and/or Fund information (as the case may be) will be provided through this Service to any person using your personal login details. You must therefore do everything necessary to protect your personal login details from disclosure to any other person.
  4. Any action or request made by any user of your personal login details (“Instruction”) will be deemed to have been made by you and the request will be carried out by the Provider without further enquiry, unless you have notified the Trustee or the Provider that your personal login details have been compromised, or the Trustee or the Provider is aware or reasonably ought to be aware that the Instruction is unauthorised. You will be responsible for all Instructions and any consequential transactions using your personal login details whether authorised by you or not, unless you have notified the Trustee or the Provider that your personal login details have been compromised, or the Trustee or the Provider is aware or reasonably ought to be aware that the Instruction is unauthorised. Subject to this clause 4 and clause 28, neither the Trustee nor the Provider shall be liable for acting on an Instruction.
  5. You must notify us immediately if you become aware that your personal login details have been lost, stolen or forgotten, or have become available or known to any person other than yourself. Contact our Helpline team on 1800 682 525, Monday to Friday, 8-am-7pm (AEST/AEDT).
  6. The Site and Service content has been compiled in good faith by the Provider. Despite that, there may be error in the content displayed on the Site and on the Service from time to time. You should consider whether the information provided in respect of your Account is accurate, and you should contact the Helpline if you identify any errors. If the Trustee or the Provider becomes aware of an error on the Site or on the Service, the Provider will take actions to rectify the error as soon as reasonably practicable. All information available via the Site and Service is subject to change without notice.
  7. Unless you have been authorised by the Trustee to be able to view the superannuation account details of other members of the Fund via the Site or via the Service (“Trustee Service User”) or authorised by the Provider or a related body corporate of the Provider to be able to view the superannuation account details of members of the Fund via the Site or via the Service (“Authorised Provider User”), you will not attempt to access any superannuation account details that do not relate to you personally, and you will notify us immediately if you become aware of any such unauthorised access or attempted access. If you are a Trustee Service User or Authorised Provider User, you will not attempt to access any superannuation account details beyond the level of access permitted by the Trustee and Provider and only for the purposes of your role and will immediately notify us if you become aware of any unauthorised access or attempted unauthorised access.
  8. If you want your access to the Service to be reinstated after it has been suspended or cancelled, you can contact us at  1800 682 525, Monday to Friday 8am-7pm (AEST/ AEDT) or in writing at the following address: Mercer Super Trust, GPO Box 4303, Melbourne, VIC 3001.
  9. Access to your Account may be temporarily unavailable via the Site or via the Service during scheduled maintenance windows. These generally occur on a nightly basis between 11:30pm Australian Eastern Standard Time/Australian Eastern Daylight Time (AEST/AEDT) and approximately 12:30am (AEST/AEDT). They also occur each Wednesday between 8:00am and 9:00am (AEST/AEDT). Any interruption to the Service is expected to be for a short period only during these windows. Scheduled downtime outside of these windows will be notified on the Site or on the Service ahead of time.
  10. Your use of and/or access to the Site or Service may be interrupted, varied, suspended or cancelled by the Provider at any time without notice, but where practicable, we will give you reasonable notice, in circumstances where:

    1. the Provider suspends use of the Site or Service for scheduled or unscheduled maintenance;

    2. you or any person acting on your behalf has committed a material breach of these Terms and Conditions (and if remediable) that breach has not been rectified within 10 business days of notice from us of the breach and we consider it is reasonably appropriate to do so;

    3. the Trustee or the Provider reasonably suspects there is risk of fraud, privacy or information security breach;

    4. the Trustee or the Provider reasonably considers it necessary to manage financial, legal or other material risks to either of them or any of their related entities, the Fund, you or other members or beneficiaries of the Fund; or

    5. factors (including technological, legal and operational factors) outside of the Trustee's or the Provider's reasonable control impede access and use of the Site or Service.

    Where your use or access of the Site or Service has been interrupted, varied, suspended or cancelled in these circumstances, the Provider will aim to restore your use or access within 5 business days of the Provider and the Trustee being reasonably satisfied that the reason for the interruption, variation, suspension or cancellation no longer applies. Subject to clause 28, you agree that neither the Trustee nor the Provider will be liable for any loss or damage suffered by you in connection with any interruption, variation, suspension, or cancellation.
     

  11. You agree not to use the Site or the Service in any way that is unlawful. You must not defame, harass, threaten, or offend anyone through the Site or Service or interfere with or hack the Site or Service, or send any unlawful content via electronic means directly or indirectly through the Site or Service and its communication options. This includes but is not limited to material which you are not authorised to send, or material which is discriminatory, unlawful, spam or unsolicited.
  12. You agree that when submitting or interacting with content on the Site or Service, you must not do this in a way to harm or offend others, or the Site or Service. You must ensure that content you submit or send through the Site or Service is not misleading or deceptive, does not impersonate others and is free from viruses or malicious code. You must ensure that any material shared or distributed will not interfere with, decrypt, limit or destroy the functionality of the Site or Service nor interrupt or tamper with the availability of the Site or Service for other users.
  13. Material on the Site and Service may contain general information about the Provider's goods and services. This information does not constitute an offer or inducement to enter into a legally binding contract unless expressly stated otherwise.
  14. You may submit Messages to the Provider and you are responsible for confirming receipt of the Message by the Provider. The Provider typically sends automatic responses confirming receipt of Messages or otherwise aims to respond within a reasonable timeframe. If you do not receive confirmation of receipt or response from the Provider regarding your Message within 2-3 business days you should assume that the Message was not received by the Provider and you should re-send the Message or follow up the Message by other means. For the purposes of this Clause "Messages" means all messages and mail items of any description transmitted by electronic means between the Provider and you via the Service.
  15. While the Provider will endeavour to keep the Account and information available via the Site and Service up to date, there will be times when this is not the case. For example, due to unplanned system outages, delays to unit-price calculations or third-party errors. The Trustee and the Provider are entitled to treat any information received from you as reliable, accurate, complete and up to date.
  16. By activating any hyperlinks in the Site or Service, you may leave the Site or Service and go to other websites that are not under the control of the Trustee or the Provider. Neither the Trustee nor the Provider accept any responsibility or liability in respect of material contained in other websites, nor do the Trustee or the Provider, by including the hypertext link, endorse the website or the information available at such a website. Those links are provided for convenience only. You enter those websites at your own risk as the content or accuracy of the information has not been reviewed or checked by the Trustee or the Provider. The terms and conditions that apply to those websites may be different to the Terms and Conditions set out here and those terms and conditions will govern the use of information you access or obtain from those websites.
  17. The Site and Service are intended for use by persons accessing the Site and Service from within Australia. All currency references are shown in Australian dollars unless otherwise specified. The Site and Service are governed by and are to be interpreted in accordance with the laws of Victoria, Australia.
  18. The Provider uses reasonable efforts to maintain the Site and Service and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorised access, destruction, misuse, modification and improper disclosure. The information you enter on the Site or Service or access via the Site or Service is stored securely by the Provider on its data servers. However, no computer system or information can ever be fully protected against every possible hazard and, subject to clause 28, neither the Trustee, nor the Provider, nor any related body corporate of the Trustee or the Provider shall be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of your data and/or Account details.
  19. You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Site or Service when accessing, providing or downloading information via the Site or Service.
  20. Subject to clause 28, you accept that the Trustee, the Provider and their related bodies corporate will not be liable for any loss or damage (including but not limited to any loss of profit, revenues, anticipated savings, business or investment opportunities, or any other indirect or consequential loss) arising directly or indirectly out of the provision or use of, or inability to use, the Site or Service or any error, incompleteness or inaccuracy of information available, any unauthorised use, computer hacking, software contamination, interruption, variation, suspension or cancellation of the Site or Service.
  21. Neither the Provider nor the Trustee will be liable if you breach these Terms and Conditions or if your use of the Site or Service causes loss, damage or injury to you or any other person or entity. You agree to indemnify the Trustee, the Provider and/or their related bodies corporate from and against all loss, damage, injury and reasonable expenses, (including legal expenses on a full indemnity basis) incurred or suffered by the Trustee, the Provider or any of their related bodies corporate arising either directly or indirectly from a breach by you of these Terms and Conditions or from your use of the Site or Service, except to the extent that loss or damage is caused by any fraud, negligence or wilful misconduct by the Trustee, the Provider or their related bodies corporate (or their agents, employees, officers or contractors).
  22. The Provider or the Trustee may at any time without prior notice or consent by you, prospectively change, modify, add or remove any portion of these Terms and Conditions in whole or in part. Changes in these Terms and Conditions will be effective at such date notified by the Provider or Trustee or if no date is nominated, on the date when the change is posted on the Site or the Service.
  23. If any provision of these Terms and Conditions is unlawful, void or unenforceable for any reason, then that provision will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will not be invalidated and will continue to be valid and enforceable.
  24. Except where otherwise stated, the copyright and intellectual property rights relating to the content of the Site and Service belong to and remain the property of the Provider. The granting of access to the Site or Service by the Provider does not create or imply a license or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these Terms and Conditions, unless authorised by the written consent of the Provider.
  25.  Certain information on the Site and Service belongs to parties other than the Provider. The Provider does not claim authorship of such information and duly acknowledges the copyright of third parties where applicable. Neither the Trustee nor the Provider shall be liable if you rely on any information provided by third parties obtained via the Site or Service.
  26. Unless expressly stated otherwise, the performance of the investments contained on or referred to in this Site and Service are not guaranteed by the Provider, the Trustee or any related bodies corporate of the Provider or the Trustee. All investments are subject to investment risk, delays in repayment, loss of income and loss of capital invested. Past performance is not a reliable indicator of future performance. Prior to making investment decisions, you should seek advice from a licensed, or appropriately authorised, financial adviser.
  27. For audit, member security, marketing and research purposes, the Provider tracks all activity conducted on the Site and Service. In accordance with the Privacy Policy, based on your use of the Site and Service, the Trustee, the Provider or a related body corporate of the Trustee or the Provider may contact you to provide information in relation to the Fund or any other products or services that may interest you (unless you have requested that this not to occur by contacting us).         
  28. Nothing contained in these Terms and Conditions excludes, limits, restricts or modifies, or has the effect of excluding, limiting, restricting or modifying the Trustee's or the Provider's liability for:

    1. a breach of a statutory warranty or condition implied by law, including under Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth) as applicable; and

    2. loss or damage caused by any fraud, negligence or willful misconduct by the Trustee, the Provider or their related bodies corporate (or their agents, employees, officers or contractors).

For support please contact us at 1800 682 525, Monday to Friday 8am-7pm (AEST/ AEDT).