Superhero Terms & Conditions
Superhero Financial Services Pty Ltd (ABN XXX, AFSL XXX) (Superhero, us, our, we), operates the Superhero Superannuation Service as well as its website at the domain superhero.com.au (the website or our website) and maintains the Superhero Member Portal in connection with the products and services we offer.
Details of our products and the applicable disclosure documents can be downloaded on our website or provided in hard copy upon request. The use of the website and the Superhero Member Portal is governed by our Privacy Policy and these Superhero Terms and Conditions of Use including any incorporated terms regarding third party providers (the Superhero Terms of Use), in each case as updated from time to time.
By accessing, reviewing or using our website or the Superhero Member Portal, each user (you, your) is agreeing to be bound by the Superhero Terms of Use and our Privacy Policy. Superhero reserves the right to vary these without notice to you, and any subsequent access to or review or use of the website by you will constitute your agreement to the variation. We recommend you review these documents regularly and check for changes. Should you access or use the website and/or the Superhero Member Portal in a way we consider to be inappropriate or in breach of the Superhero Terms of Use we may withdraw or suspend your access to some or all of the website and/or the Superhero Member Portal without notice.
The information on the website and the Superhero Member Portal has been prepared for persons aged 18 years or over who are accessing the site or the Superhero Member Portal within Australia and does not take into account any foreign laws. The laws in force in the State of New South Wales in Australia from time to time will govern your use of the website and of the Superhero Member Portal and will apply to the Superhero Terms of Use and any related dispute.
While due care is taken when maintaining the website and the Superhero Member Portal and preparing the content contained, we do not make any representation or warranty, express or implied, about the website or the Superhero Member Portal or any of the content including regarding availability, accuracy, completeness, quality, currency or fitness for purpose, except to the extent of any warranty implied by law which cannot lawfully be excluded.
You agree to use the website and/or the Superhero Member Portal at your own risk. While we use best endeavours to provide access to the website and the Superhero Member Portal on a 24/7 basis, access may be interrupted or suspended with or without notice to facilitate the carrying out of scheduled or unscheduled maintenance, or for reasons beyond our reasonable control.
To the maximum extent permitted by law, we, together with our respective directors, officers and employees, exclude all liability for any loss or damage which may arise out of, or in connection with any person’s use or misuse of or inability to use the website or the Superhero Member Portal or the information made available through the website or the Superhero Member Portal, including due to interruption or suspension of access. Here, “loss or damage” includes direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including damages for loss of profits, loss of opportunity, business interruption, loss or corruption of data or information, damage to a computer system or mobile device or the transmission or installation of any virus, malware or other harmful software. To the extent that our liability in relation to a service we provide (including supplying the website or the Superhero Member Portal) cannot lawfully be excluded, our liability will be limited to a liability to supply the relevant service again or, if we so elect, to pay the cost of having the service supplied again.
No information provided on the website or the Superhero Member Portal should be regarded as personal financial advice or relied upon. The information we provide is factual information or financial advice of a general nature only, and does not take into account your financial circumstances, needs or objectives. The website information and information available via the Superhero Member Portal are not, and must not be regarded as, an endorsement of or recommendation to use any particular service or to buy, sell or hold an investment in any particular product, whether provided by Superhero or any other person. The fact that a particular accessible investment or other financial product is available for investment via a Superhero account is not, and must not be regarded as, a recommendation or endorsement by Superhero in relation to that product. We recommend that you seek professional advice before making any investment decision.
Superhero has measures in place to ensure a high level of privacy, security and protection of your personal information when you access our website or the Superhero Member Portal. However, no measures can guarantee complete protection and we will not be responsible for any loss or damage that results from our measures failing or being breached.
Except as otherwise indicated, all information and other material comprising or provided on the website or the Superhero Member Portal has been created by and at all times remains the property of Superhero. No part of the website or the Superhero Member Portal or the information we make available through the website or the Superhero Member Portal may be altered, reproduced or distributed without our written consent or used for any purpose other than your personal use.
If we issue you with a username and password to your account (login details), you agree you will not send or disclose your login details to any other person, nor write them down or otherwise record them anywhere, and that you will not share your login privileges with anyone. You agree you will be solely responsible for any loss or damage caused by any use (including misuse) of your login details, whether or not you authorised that use. You should change your password regularly. Should you become aware or suspect that your login details may have been used or become known by someone else, please change your password immediately and contact us on 1800 XXX XXX.
Third party information, services and functionality
We engage, partner and contract with third parties to provide content, improved service offerings and functionality on or in connection with the website and the Superhero Member Portal. Third party content and services are not independently monitored, reviewed or verified by Superhero and are accessed and used by you at your sole risk. When you view or use content delivered by a third party or click on a hyperlink to a website operated by a third party, you should be aware that when accessing their product or service you may be required to agree (or may be deemed to have agreed) to additional terms and conditions of use imposed by the third party provider. Before you access, use or subscribe to use any service or product delivered by a third party, you should carefully identify, read and understand all applicable terms and conditions of use, and regularly check them for updates as it is possible they may be varied without notice to you.
Content Superhero receives from a third party is provided to you ‘as is’ and may contain opinions of the third party. When we make third party content available, this must not be regarded as Superhero endorsing or verifying that content. Third party content does not take into account any particular person’s individual objectives, financial situation or needs.
While we take care when selecting and contracting with our third party providers, to the full extent permitted by law Superhero expressly disclaims responsibility for any information, service or product provided to you by a third party via our website or the Superhero Member Portal. Superhero will not be liable for any loss or damage resulting from any person’s use of a third party’s information, service or product.
Superhero has contracted with OpenMarkets Australia Limited (OpenMarkets) to provide the Superhero Share Trading facility as well as Australian and international securities pricing data. If you apply to use the Superhero Share Trading facility you will be agreeing to be bound by the terms and conditions set out in the OpenMarkets Australia Limited client agreement.
If you hold or apply to acquire Australian and/or international securities, or reference related trade calculations on our website or the Superhero Member Portal, you agree to be bound by the OpenMarkets terms and conditions in respect of your access to your use of data provided through this service.