ONLINE TERMS AND CONDITIONS
1. ENERGY SUPER
In these Terms and Conditions, Energy Super (ABN 33 761 363 685) is a reference to each of the following companies:
- ESI Financial Services Pty Ltd (“ESIFS”) (ABN 93 101 428 782, and AFSL 224952); and
- Electricity Supply Industry Superannuation (Qld) Ltd (“ESIS “) (ABN 30 069 634 439, AFSL 336567)
These Terms and Conditions apply to your use of:
(a) The Energy Super websites at *energysuper.com.au (“Websites”); and
(b) Any other social media website or page, containing pages or content established by, or associated with Energy Super, including, but not limited to:
Whenever you access any of the Internet Sites Energy super will, and is entitled to, automatically collect the following types of information from you: (a) information from cookies (see further at section 6 below); (b) the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet; (c) the operating system and the browser your computer uses and any search engine you are using; (d) the date and time you are visiting; and (e) the URLs of the pages you visit. Energy Super may collect anonymous answers to surveys or aggregated information about how users use the Internet Sites. Energy Super also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Unless it is unreasonable or impracticable to do so, personal information will only be obtained directly from you. You acknowledge that by accessing the Internet Sites information may be collected from you as a result of the workings of the Internet Sites and the attached systems and software.
5. FEES AND CHARGES
Terms and conditions apply to all products and services described on the websites and internet sites may be varied at any time without notice and where permitted by law. Fees and charges may also apply to products and services and may be varied at any time without notice except where notice is required under any law or code in which case we will give you the required notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request or via the Energy Super Fees and Costs Guide.
6. SOCIAL MEDIA AND POSTING POLICY
Energy Super’s Facebook page is set to the “everyone” setting in accordance with Facebook’s terms and conditions. This means that information you post is publically available and may be accessed by everyone on the Internet, be indexed by third party search engines and be imported, exported, distributed and redistributed by Energy super and others, without privacy limitations. In posting a Post on any of the Internet Sites, you are deemed to consent to Energy Super publishing or otherwise using that post for marketing and other purposes. This includes the content from any feedback form submitted by you on the Internet Sites. Energy Super will not provide personal information provided by you to any third party for their use in marketing their products or services to you without your consent. However, Energy Super does not control the use of such information by Facebook, Twitter or other social media websites. Energy Super makes no representations or warranties as to the privacy practices of Facebook, Twitter or other social media websites, and is not responsible for the privacy policies of such websites. Energy Super recommends that you examine the privacy policies of Facebook, Twitter and other social media websites to understand their respective procedures for collecting, using and disclosing personal information.
By submitting a post on any of the internet sites, you grant Energy Super and its affiliates, a non-exclusive, irrevocable, royalty free right to use, reproduce, publish, display, modify and adapt such posts for any purpose in any media, without compensation, restriction on use, attribution or liability.
You agree that you are responsible for any posts made to our websites and social media sites. Energy super will not be liable in any way for your posts, unless permitted by law, and as such, Energy Super will not in any way authorise, approve, endorse or support any material posted onto Energy Super’s social media sites. Energy Super may monitor and/or remove any such posts you make without notice to you and for any reason whatsoever.
The following provisions apply to any comments, statements, blogs, feedback or interactions that you (either yourself or through any third party) wish to post and are posted (“Posts”) on any of the Social Media Internet Sites:
a. Energy Super reserves the right without notice or explanation to:
- (i) not allow the posting of any specific Post; and
- (ii) edit any specific Post; or
- (iii) remove any Post;
b. Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
c. You will not use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of our online social media websites or any transaction or process being conducted on or through it;
d. You will not use any spider, robot, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our Social Media websites, or any of the information, content or data contained within or accessible through any of our Social Media websites, without our prior written permission; and
e. You will not use any information on or accessed through any of our social media websites for any commercial purpose (including market research, but not limited to) or otherwise (either directly or indirectly) for profit or gain.
Energy Super has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users. If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.
Under no circumstances, without the prior written approval of Energy Super, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without Energy Super’s express prior permission.
8. SECURITY AND DATA TRANSMISSION
Energy Super takes reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. No data transmission over the Internet can be guaranteed as totally secure. Whilst Energy Super strives to protect such information, Energy Super does not warrant, and cannot ensure complete security of any information which you transmit to Energy Super online. Accordingly, any personal information or other information which you transmit to Energy Super is transmitted at your own risk. Energy Super also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Nevertheless, once Energy Super receives your transmission, Energy Super will take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. Where personal information Energy Super holds is no longer needed, Energy Super will destroy the information or permanently de-identify it.
Energy Super will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as the outcome. Energy Super will inform you whether Energy Super will conduct an investigation, the name, title and contact details of the investigating officer and the estimated completion date for the investigation process. After Energy Super has completed its enquiries, Energy Super will contact you, usually in writing, to advise the outcome and invite a response to Energy Super’s conclusions about the complaint. If Energy Super receives a response from you, Energy Super will assess it and advise if Energy Super has changed its view.
If you are dissatisfied with your dealings with us in relation to your use of a social media site please let us know by contacting us at email@example.com.
Energy Super will review your complaint and contact you with a response or to ask you for further information, if it is required. If you make a complaint and it is about a superannuation policy or superannuation claim, you may have additional rights of appeal, such as under our formal dispute resolution process. We will tell you if that is the case. See the relevant PDS or policy wording for information about how we resolve complaints. Our dispute resolution teams can be contacted at:
1300 436 374 or firstname.lastname@example.org
10. LINKS TO THIRD PARTY WEBSITES
The Internet Sites and websites may contain links or references to other websites or applications that are independently owned or operated by third parties (“third party websites”).
The links are provided for convenience only and may not remain current or be maintained. Our links with third party Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
11. SECURITY – PERSONAL AND BANK DETAILS
You acknowledge that:
a. It is your sole responsibility to ensure that any personal and bank details that you enter into Member Online or otherwise provide to us are correct and up to date
b. We are not required to verify your personal or bank details or to update these unless we are instructed to do so by you
c. Where funds have been incorrectly applied as a result of incorrect or out of date personal or bank details, we are not required to assist with the tracing of funds
d. Under the Superannuation Industry (Supervision) Act 1993, we are authorised to collect your tax file number, which will only be used for lawful purposes and we may disclose your TFN to another superannuation provider when your benefits are being transferred, unless you request in writing to Energy Super that you do not wish your TFN to be disclosed; and
e. To the extent permitted by law, we disclaim liability for any and all losses, costs, charges and expenses you or any other person suffers as a result of your personal or bank details being incorrect or out of date on Member Online, including in relation to the incorrect application of funds, unless as a result of our negligence.
You acknowledge that:
a .It is your responsibility to protect your password from becoming known to a third party
b. You may be liable for unauthorised actions carried out by unauthorised persons who use your personal log on information
c. You must not keep your password in any form, encoded or decoded, in a location where it may be copied or used by any other person
d. You must not give, show or tell your password to anyone, including family, friends, account aggregators, or advisers
e. You must therefore ensure that your log on information and password are not written down or stored together on or with a personal computer that could be used for accessing Member Online
f. You must notify Energy Super immediately if you know or suspect that your password has become known to a third party, or if you know or suspect any unauthorised use of your password, and
g. We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including email) are vulnerable to interception by third parties and we do not guarantee the security of these communications or the security of Member Online.
h. You are solely responsible for any activity or loss caused by use of your personal log on information. You are responsible for any access to Member Online as a result of use of your personal log on information, including any use you have not approved (including where such use involves an unauthorised or fraudulent act) unless your personal log on information has become known or accessed by a third party as a result of our negligence.
12. INTELLECTUAL PROPERTY
Unless otherwise stated, Energy Super is the owner or licensed owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Energy Super, its subsidiaries, or the content on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Energy Super’s ownership in such intellectual property is protected by both copyright laws in Australia and overseas.
Except where necessary and incidental to viewing or using the social media websites via your web-enabled browser or as permitted under the Copyright Act 1968 or other applicable laws, no website may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without Energy Supers’ specific written consent.
The social media websites include trademarks which are protected by law. Energy Super reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.
In the event that you are granted permission by Energy Super to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Energy Super, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
You indemnify Energy Super in respect of any liability incurred by us (and any of our related bodies corporate) for any loss, damage, cost or expense, howsoever caused, suffered by Energy Super (and any of our related bodies corporate) as a result of your breach of these Online Terms and Conditions or your use of any of our online social media websites.
14. ACCURACY OF INFORMATION
While Energy Super endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Energy Super does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Energy Super does not undertake to keep the Internet Sites updated, Energy Super does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Energy Super.
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Energy Super regardless of whether Energy Super may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
You agree by utilising Energy Super’s website, that your content will not contain viruses or cause injury or harm to any person or entity or device. Energy Super does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet or any linked third party websites. We recommend that you maintain up to date virus protection software on your computer which should assist in protecting it from malicious software and spyware.
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Energy Super further notes that the information accessed through the Internet Sites is to inform you of Energy Super’s range of products and their use.
Energy Super takes reasonable steps to ensure that all information on our website is free from error, to the extent permitted by law. Energy Super does not warrant the accuracy, adequacy or completeness of the site content.
Energy Super does not guarantee that any third party site will be free from viruses, or that access to any of our websites or third party sites will function as intended or be uninterrupted. You must take your own precautions to ensure that whatever you select for your use from the websites is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
18. EXCLUSION OF LIABILITY
Under no circumstances will Energy Super, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Energy Super to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
19. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Energy Super becomes liable for any loss or damage that would otherwise have been excluded, Energy Super are not liable to you for any losses, damages, claims, expenses and liabilities, whether direct, indirect or consequential arising out of or referable to any website content or access to a website by you, whether in contract, tort including negligence, statute or otherwise.
The online terms and conditions or your access to our websites and social media websites may be terminated at any time by Energy Super. You may terminate your use of our websites and social media at any time. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.
Upon termination of these online terms and conditions, your right to access to our websites and social media sites you must not directly or indirectly access or use any part of our Online Site(s) or any Site Content.
21. NO ASSIGNMENT
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
If Energy Super delays or does not exercise any of its rights and remedies available to it under these Terms and Conditions, that will not be a waiver of that right or remedy.
If Energy Super waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these Terms and Conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining provisions shall continue in full force.
Energy Super reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact Energy Super.
Energy Super can be contacted in any of the following ways:
Post: Energy Super, Level 10, 123 Eagle St, Brisbane 4000
Telephone: 1300 436 374