These Terms and Conditions relate to the use of the Member Portal (Portal).
It is important you read, understand and accept the Terms & Conditions before you view or use any of the information on the Portal. If you do not accept the Terms and Conditions, you should not use this Portal.
In these Terms and Conditions, references to 'you' and 'your' are references to users of this Portal.
References to ‘we’ or ‘us’ are references to SCS Super Pty Ltd (SCS Super).
References to login details are references to client ID and/or password and/or security pin.
Changes to Terms and Conditions
1. We reserve the right to change these Terms and Conditions at any time without prior notice. We will then publish a notice on the Portal advising of the change. It is recommended that you review these Terms and Conditions periodically to ensure that you have read and understood the latest version.
Access and termination
2. The Portal is available to all members of the Fund who have an active account and a mobile phone number. In order to gain access to the Portal you must complete the registration process. Once your registration has been accepted by us you will be entitled to access and use the Portal.
We reserve the right to refuse registration, monitor usage, suspend, deny or terminate access to the Portal or particular account details at our discretion and without notice including where:
i. you fail to keep your login details secure; and
ii. in our opinion, there are concerns regarding unreasonable use, security or unauthorised access.
Availability and changes to the Portal
3. We will use all reasonable efforts to provide access to the Portal on a 24-hour basis however, there will be interruptions to facilitate maintenance, or for other reasons. We reserve the right to amend the information provided or functionality available on the Portal and to limit access or cease providing information or functionality available on the Portal.
We reserve the right to change the functionality of the Portal at any time without prior written notification, except where the change relates to the use of the Portal. If this happens we will endeavour to inform you by notices on the Portal about the change before it comes into effect.
Portal security and authentication
4. Once access is granted to the Portal, any actions committed by that login will be deemed to be made by you or with your permission. Your login details entitle anyone who correctly uses them to conduct various operations on the Portal including withdrawals and investment switches. You acknowledge and agree that you will be solely liable for any acts committed using your account unless you notify us in accordance with these Terms and Conditions. For authentication purposes, certain features on this Portal may require you to answer a designated security question. You agree to provide current, complete, and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy.
We are committed to providing reasonable security controls to protect this Portal and any information accessible through the Portal against foreseeable hazards such as (but not limited to) unauthorised access, software contamination, computer hacking, destruction, misuse, modifications, and improper disclosure. However, no computer system or information can ever be fully protected and you agree to accept the risk that, notwithstanding SCS Super’s reasonable precautions, your personal and financial information may be made accessible through this Portal and that SCS Super is not liable in these circumstances.
You must reasonably safeguard your login details and notify us immediately if you believe they have been obtained or used by a third party.
You won’t be liable for any unauthorised activity using your login details which occurs after you notify us if:
(i) you give us all assistance we require in investigating the unauthorised activity, and
(ii) you were in no way responsible for the login details becoming known to any third party.
If your login details become known by any third party as a result of your act or omission, or your failure to comply with these Terms and Conditions, you’ll be liable for all unauthorised activity, whether it occurs before or after you notify us.
You acknowledge and accept that we cannot verify whether the user of correct login details is the registered member. If you believe that your login details have been compromised, lost or misplaced please contact us immediately by telephone 1300 658 776 or email email@example.com
For more information on how you can protect your privacy and the safety and security of your personal information see Safety and Security at catholicsuper.com.au/security
5. Where we are required by law or otherwise to provide you with a document (including those regarding your investments), you consent to us providing you with that document electronically (whether provided on or through links on the Portal or via email). We recommend that you print a copy of any document provided or file it electronically for future reference. You agree not to dispute the validity or enforceability of electronic communications and you will be taken to have received such communications whether or not you access the communications on the Portal or via any other communication channel.
Limitations and warranties
6. To the extent permitted by law, we disclaim all liability for any loss, costs charges and expenses suffered or incurred by you directly or indirectly arising out of or as a consequence of any of the following:
a. access to the information available through the Portal;
b. infection by any computer virus which occurs as a result of accessing or using the Portal or any of its content;
c. use of or reliance upon any information or content available from the Portal;
d. information or material accessed through links to other websites;
e. any actions we take in accordance with any actions via the Portal that appear to be given by you (including unauthorised or fraudulent) or a request that appears to be given by you to stop an action;
f. any unauthorised access to the Portal by a third party;
g. the failure of the Portal to perform any function which we have specified it will perform (including any failure as a result of a disruption to any telecommunications service, power supply or internet connection);
h. any technical or service difficulties or processing delays in relation to the Portal, including processing delays which arise as a result of: an action being submitted on a day which is not a business day; or any errors or omission in the action;
i. any technical or service difficulties or processing delays caused to any computer, associated equipment, software or data;
j. Despite any other clause, we are not liable to you or to any other person for:
(i) unauthorised use or any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you or any other users; or
(ii) any direct or indirect financial losses or income, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
We do not represent or warrant that the Portal will be free from:
a. any omission, error or inaccuracy in information provided on or through the Portal, including information provided by third parties;
b. downtime or periods where the Portal is unavailable;
c. the failure, in whole or in part, of any function on the Portal to perform an action; or
d. any unauthorised access to the Portal or the information (including account information) retained on the Portal.
The sole remedy for breach of this warranty is the rectification of any inaccurate information upon notice by you of the inaccuracy.
7. You agree to indemnify, defend, and hold harmless SCS Super and its officers, directors, employees, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Portal or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
Use of the Portal
8. You may not use the information on the Portal in any way that is unlawful. In particular, you may not use the Portal or the information on the Portal to:
a. defame, abuse, harass, stalk, threaten or otherwise offend others;
b. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate, use any automated scripting tools or software;
c. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
d. upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware including the Website;
e. impersonate any person or entity; or
f. breach any applicable laws or regulations.
Our use of information
Copyright and trademarks
9. All material available through the Portal is owned by SCS Super or third parties. No part of this Portal may be reproduced or transmitted to any person without prior written permission. Any unauthorised reproduction or transmission may be a breach of copyright. If you make any unauthorised use of this Portal, you must accept full responsibility and indemnify us for any expense, loss or liability that we incur as a result of your use.
You obtain a non-exclusive and non-transferable licence to use the software in accordance with these Terms and Conditions when you become registered to use the Portal.
11. These Terms and Conditions and the information in the Portal and all matters relating to either are governed by the laws of New South Wales and are within the exclusive jurisdiction of the Australian courts.
12. The information and tools on this Portal are of a general nature only and do not take into account your personal objectives, financial situation or needs. Before acting or relying on any of this information you should consider whether it is appropriate to your personal circumstances. You should not make any decisions based on information provided in this Portal without first obtaining appropriate professional advice from your financial adviser. Before making any investment decision, you should refer to the relevant Australian Catholic Superannuation Product Disclosure Statement (PDS), a copy of which is available on our website or by calling 1300 658 776.
You accept that use of the Portal is entirely at your own risk. Any decisions or steps taken by you based on information in this Portal are taken to be made in reliance on your own judgement, having understood the limitations of the information and having taken appropriate advice before proceeding. Past investment performance should not be relied upon as an indication of future performance and we do not make any representation or guarantees as to the performance of any investment options available through Australian Catholic Superannuation. All investments are subject to investment risk, including possible delays in repayment and loss of income and capital invested. We recommend that before making investment decisions, you seek advice from a licensed, or appropriately authorised, financial adviser.