Terms and Conditions
Website Terms of Use
This website (Site) is owned by Retail Employees Superannuation Pty Limited ABN 39 001 987 739, AFSL 24 0003, as Trustee of the Retail Employees Superannuation Trust (REST) Fund ABN 62 653 671 394.
Your access to and use of the Site is subject to the following terms of use (Terms of Use). Use of the Site indicates your automatic acceptance of these Terms of Use. You should immediately cease using the Site if you do not agree to these Terms of Use. The Site is intended for users within Australia only and products and services referred to on this Site are only available for use in Australia.
1. Disclosure Documents
- The Trustee currently offers products named on this Site. The offers are identified in the Product Disclosure Statements (PDSs). To invest, please complete the application form attached to or accompanying the PDS, a copy of which can be obtained by accessing the document through the appropriate link and printing it or by phoning our Customer Service Centre on 1300 300 778.
2. Disclaimer
- Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information on the Site is correct, the Trustee makes no representation or warranty of any kind as to the accuracy or completeness of any information on the Site. Before acting on any information shown on the Site, you should contact the Customer Service Centre on 1300 300 778 and obtain a written statement of the information required.
- This site contains information which may include general advice but does not take into account your individual objectives, financial situation or needs. Before acting on the information or deciding whether to acquire or hold a product, consider its appropriateness having regard to those matters, our Financial Services Guide, the relevant Product Disclosure Statement (PDS) and the Target Market Determination (TMD). When you become a member of REST Super or Corporate, you join the Retail Employees Superannuation Trust, Fund ABN 62 653 671394. REST Super and Corporate are issued by the Trustee, Retail Employees Superannuation Pty Limited ABN 39 001987 739, AFSL 240003.
- The information on this Site is based on current laws and their interpretation. These laws may change and you should therefore seek professional advice on the legal and taxation implications of investing in superannuation, rather than relying on the information provided.
3. Intellectual Property
- The Site is subject to copyright and possibly other intellectual property rights.
- The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) are owned by the Trustee, unless otherwise expressly stated, and the Trustee retains all right, title, and interest in and to the Site, and nothing you do on or in relation to the Site will transfer any intellectual property rights to you.
- You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit, communicate or distribute in any way the Site or any of its Content without the Trustee's prior written consent, unless expressly permitted by these Terms of Use or the Copyright Act.
4. Access
- The Trustee reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that the Trustee believes, in its sole discretion, is inappropriate for continued access and/or use of the Site.
5. System Integrity and User Conduct
- You must not use the Site to:
- violate any applicable laws or for any purpose that is unlawful;
- distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- send junk, obscene, indecent, offensive, or threatening electronic mail or "spam" to people;
- attempt to gain unauthorised access to, interfere with or disrupt the Site or computer systems or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- attempt to access or collect data, including personal information, about other users, including e-mail addresses; or
- engage in any other conduct that inhibits any other person from using or enjoying the Site.
- You must not provide any material through the Site (Your Content) that:
- is inaccurate or incomplete;
- infringes the intellectual property or other rights of another person;
- is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- relates to unlawful conduct;
- creates a privacy or security risk to any person, including by soliciting personal information from any person;
- solicits money from any person;
- is false, misleading or deceptive;
- contains financial, legal, medical or other professional advice;
- would harm, abuse, harass, stalk, threaten or otherwise offend;
- would reflect negatively on the Trustee, including the Trustee’s goodwill, name and reputation;
- tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
- would breach any applicable laws; or
- would result in civil or criminal liability for you, the Trustee or any third party.
- By providing us with any of Your Content, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in connection with our provision and promotion of the Site; and
- warrant that you have the right to grant such licence.
- You agree to indemnify and hold the Trustee and its officers, directors, employees, agents and related bodies corporate harmless from any claim made by any third party arising out of Your Content.
- The Trustee may, without notice to you, review, modify or remove any of Your Content in its absolute discretion including where the Trustee believe it violates these Terms of Use.
6. Links & Advertising
- The Site may contain links to third party websites, which are provided for your information only. The Trustee has not reviewed any of the third party websites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site, including any risk associated with those websites.
- The Site may contain advertisements for third parties’ products and/or services. The Trustee is not responsible for the content of those advertisements or any risk associated with acquiring products or services advertised by a third party on the Site.
- The inclusion of any link or advertisement does not imply that the Trustee endorses or approves the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
- The material provided and views expressed by other users of the Site are the materials of those users and are not ours.
7. Warranties and liability
- The Trustee warrants that it will use reasonable efforts to ensure the Site and any Content provided through the Site is accurate, current, and complete. The sole remedy for breach of this warranty is the rectification of any inaccurate information upon notice by you of the inaccuracy or error.
- All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use and the Site that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.
- In particular, and without limiting the paragraph above, the Trustee does not represent or warrant that your requirements will be met or that the Site will be free from:
- any omission, error or inaccuracy in information provided on or through the Site, including information provided by third parties;
- downtime or periods where the Site is unavailable or the failure, in whole or in part, of any function on the Site to perform an action;
- viruses, worms, trojan horses, time bombs, cancelbots or other harmful components; or
- any unauthorised access to the Site or the information (including account information) retained on the Site, except where the unauthorised access is the direct result of the Trustee’s negligence or fraud.
- The Trustee cannot be responsible for any loss, corruption or interception of data sent to or from the Site which occurs outside of the Trustee’s systems (such as those which occur while being sent over the internet). You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
- Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and the Trustee is able to limit your remedy for a breach of the Non-Excludable Provision, then the Trustee’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at its option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to the Trustee’s obligations under the Non-Excludable Provisions, neither the Trustee nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Site or the Content (even if the Trustee has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.
8. Indemnity
- You agree to indemnify, defend, and hold harmless the Trustee and its officers, directors, employees, agents and related bodies corporate from any and all third party claims, liability, damages, and costs arising from your use of the Site and Content or your failure to comply with these terms and conditions, or from your violation of any applicable law.
9. Privacy
- The Trustee’s Privacy Policy sets out the information about the collection, use, disclosure and storage of your personal information. You acknowledge that any information provided by you to the Trustee in conjunction with the use of the Site will be collected and managed in accordance with the Trustee’s Privacy Policy. To obtain a copy of the Privacy Policy please go to rest.com.au or phone our Customer Service Centre on 1300 300 778 to request a copy.
10. Monitoring of the Site
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You acknowledge that the Trustee expressly reserves the right to monitor any or all use of the Site.
11. General
- The Trustee may, from time to time, amend, update, or change the Site or the Content, including these Terms of Use, without prior notice.
- These Terms of Use, and where relevant the terms of use for the secure pages Australian Administration Services Pty Ltd "Member Access" and Australian Administration Services Pty Ltd "Employer Access", constitute the entire agreement between you and REST with respect to this Site.
- If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be deemed deleted only to the extent that it is not enforceable.
- Failure by the Trustee to insist upon strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of the Trustee.
- An email which is sent to the Trustee is taken to be received by the Trustee when the e-mail message enters the electronic mail box of the Trustee and is able to be opened in readable form. Proof of receipt is established by an electronic or paper record of the date and time the e-mail message entered the electronic mail box of the Trustee and was able to be opened in readable form.
- These Terms of Use shall be governed by, and must be construed in accordance with, the laws of the State of New South Wales Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts which have jurisdiction to hear appeals from those courts.
Website Terms of Use - Australian Administration Services Pty Ltd (AAS) MemberAccess
1. Access to Secure Pages on Site - AAS MemberAccess
- Access to the AAS MemberAccess pages on the Site where a password and user name are required (Secure Pages) is only authorised for members of the Retail Employees Superannuation Trust (REST).
- You are responsible for maintaining the confidentiality and security of your password and user name. You agree to notify the Trustee of REST immediately of any unauthorised use of your password or other breach of security. The Trustee is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified the Trustee of such use/breach.
- The Trustee can cancel any password or user name at any time and without notice if the Trustee believes it is being used in a way that can cause loss to you or REST.
2. Member Information
- Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information and record of your benefits as shown in the AAS MemberAccess Secure Pages are correct, the Trustee does not represent or warrant the information or record of benefits disclosed are complete or accurate. Before taking any action based on the information shown in the AAS MemberAccess Secure Pages, you should contact the Customer Service Centre on 1300 300 778 and obtain a written statement of the required information.
- To the extent permitted by law, the Trustee, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the AAS MemberAccess pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.
- You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the AAS MemberAccess Secure Pages, such information or change is correct
Website Terms of Use - Australian Administration Services Pty Ltd (AAS) EmployerAccess
1. Access to Secure Pages on Site - EmployerAccess
- Access to the AAS EmployerAccess pages on the Site where a password and user name are required (Secure Pages) is only authorised for participating employers of the Retail Employees Superannuation Trust (REST).
- You are responsible for maintaining the confidentiality and security of your password and user name. You agree to notify the Trustee of the REST immediately of any unauthorised use of your password or other breach of security. The Trustee is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified the Trustee of such use/breach.
- The Trustee can cancel any password or user name at any time and without notice if the Trustee believes it is being used in a way that can cause loss to you or REST.
2. Employer Information
- Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information as shown in the AAS EmployerAccess Secure Pages is correct, the Trustee makes no representation or warranty of any kind as to the accuracy or completeness of any information in the AAS EmployerAccess Secure Pages. Before taking any action based on the information shown in the AAS EmployerAccess Secure Pages, you should contact the Customer Service Centre on 1300 300 778 and obtain a written statement of the required information. If there are any errors in the information shown, you should contact and inform the Customer Service Centre on 1300 300 778 of the errors.
- To the extent permitted by law, the Trustee, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the AAS EmployerAccess pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.
- You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the AAS EmployerAccess Secure Pages, such information or change is correct.