Terms of Use

By utilising this site, you acknowledge and agree (in consideration of the Trustee permitting you access to this Site) to be bound by the following Terms of Use:

  1. Important Disclaimers and Exclusion of Liability
    1. You acknowledge that:
      1. information on this Client Enquiry site ("this Site") about your investments with or through the FlexiInvestment Fund, the FlexiSuper Fund or the FlexiPlan Private Superannuation Fund; and
      2. other information and material available at this Site,

      (collectively "Material") are obtained from databases of the Trustee or from other sources.

    2. Except to the extent not permitted by statute, you acknowledge and agree that:
      1. The Material and this Site are provided "as is" and without any warranties by Your Adviser or the Trustee of any kind, either express or implied, including (but not limited to) implied conditions or warranties of merchantability or fitness for a particular purpose. Conditions, warranties, statements and representations that are implied or imposed by statute or otherwise under the law, in relation to the actual or prospective sale or other supply of goods or services, are expressly excluded;
      2. Your Adviser and the Trustee each do not warrant that: the Material or the Site will be accurate, reliable, complete, current, timely, reliable, error free or able to be accessed; that defects will be corrected; that this Site or the server that makes it available are free of viruses or other harmful components or any other defects or errors; that your access to this Site or any of its functions will be uninterrupted or error free; or that any communication sent over the Internet or any transaction involving the Site will be secure or confidential;
      3. Neither Your Adviser, the Trustee, their content providers nor related companies, officers, employees and agents of Your Adviser or the Trustee shall be liable to you in any way for any loss or damage whether that be direct, indirect, special, incidental or consequential loss or damage (including loss resulting from business disruptions or lost profits) howsoever arising (whether in negligence or otherwise) out of or in connection with the Material or this Site;
      4. The website of Your Adviser is not under the control of the Trustee and the Trustee is not responsible for and does not endorse the contents of that website, including any links to third party websites or advertising; and
      5. Neither the Trustee, its content providers nor any related company, officer, employee or agent of the Trustee shall be liable to you or any third person in any way for any loss or damage whether that be direct, indirect, special, incidental or consequential loss or damage (including loss resulting from business disruptions or lost profits) howsoever arising (whether in negligence or otherwise) out of or in connection with any website (or the content thereof) to which this Site may be linked including (but not limited to) the website of Your Adviser.

    3. To the extent that either Your Adviser or the Trustee has any liability, in relation to the supply of services in connection with this Site, under the Trade Practices Act, Fair Trading Act or other type of consumer protection legislation which cannot be wholly excluded, restricted or modified, that entity’s liability is limited to any one or more of the following as that entity in its sole discretion considers appropriate:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

  2. Password Security
    1. You acknowledge that it is entirely your obligation to guard against the unauthorised use of the password issued to you in relation to this Site. You agree that Your Adviser and the Trustee may assume that any access to the Material gained by use of your password is authorised by you regardless of whether you have actually authorised another person to use your password, and that Your Adviser and the Trustee will not be liable for any cost, damage, loss or claim arising from the use or misuse of your password.
    2. You must:
      1. protect your password from being lost, stolen or disclosed to any person (other than the Adviser or the Trustee), without the Adviser’s prior written approval;
      2. as soon as you have finished accessing the Information, exit the website containing the Information immediately;
      3. tell the Adviser as soon as you think or suspect that someone knows your password or that it has been lost or stolen.

  3. Use of Material and this Site
    1. You:
      1. must not use the Material on this Site for any purpose other than as a source of information for your personal use, or supply the Material to another person;
      2. must not do anything to alter or modify the Material on this Site;
      3. must not deliberately or recklessly disrupt the operation of the Site;
      4. must not make any denial-of-service attacks on Your Adviser or the Trustee or any other users or networks relating to them, or attempt to do so; and
      5. must not use any Internet access to unlawfully obtain access to networks used or operated by Your Adviser or the Trustee or attempt to do so.

    2. If you require assistance in relation to understanding or using the Site or information about the Material, you shall direct your inquiry to Your Adviser and not to the Trustee.
    3. Either Your Adviser or the Trustee may terminate your right to access this Site immediately and without notice to you, at any time. In the event of termination, you are not longer authorised to access this Site, but all accrued rights, all restrictions imposed on you and all disclaimers and limitation of liability provisions set out in these Terms of Use will survive.

  4. Indemnity
  5. You agree to indemnify and hold harmless Your Adviser, the Trustee, and their respective related companies, officers, employees and agents against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising out of or in connection with any breach by you of these Terms of Use.

  6. Agreement
    1. These Terms of Use constitute an agreement between you and the Trustee, which agreement is effective until terminated by the Trustee at any time without notice. By using the Site or accessing the Material, you agree to these Terms of Use.
    2. The Trustee reserves the right to cause changes to be made to the Material or the Site, including to these Terms of Use, at any time. You agree to be bound by such changes. Notice of changes to the Terms of Use will be given by the publication of revised Terms of Use on this Site, but neither Your Adviser nor the Trustee is obliged to give you separate or specific notification of the changes or of the revised version.
    3. These Terms of Use are governed by the laws of Western Australia and you submit to the exclusive jurisdiction of the courts of that State.
    4. If a provision or any part of these Terms of Use is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.

5.5 In these Terms of Use, "Trustee" means FlexiPlan Australia Limited ACN 056 678 427 and "Your Adviser" means the financial advice organisation which facilitated your access to this site by issuing a password to you.