1. Terms and Conditions
You must read and understand these Terms and Conditions before registering. By registering we will provide you with access to Adviser Online and the ability to:
- access Super Savings Member Information via Third Party Services, and
- make Advice Fee Requests for clients who have an Australian Retirement Trust account
(collectively, and individually, the Services).
Your use of and access to the Services is governed by these Terms and Conditions (together, the Terms). By using or accessing the Services, you agree to these Terms. If you do not agree with these Terms, you should immediately cease using the Services.
References in this document to 'Fund' are to Australian Retirement Trust ABN 60 905 115 063. References in this document to 'Australian Retirement Trust' are to Australian Retirement Trust Pty Ltd ABN 88 010 720 840 AFSL No. 228975 as trustee for the Fund. 'We', 'us' or 'our' refers to Australian Retirement Trust and/or the Fund as the context requires.
2. Registration
When you register and activate your account, you will provide us with personal information such as your name, address and email and other information such as your Authorised Representatives Number (ARN), and relevant details of your associated advice practice and AFS Licensee. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy and clause 4 of these Terms.
When you register and activate your account, we will provide you with a temporary password which will require changing the first time it is used to login to Adviser Online.
By registering with Australian Retirement Trust you agree that you:
- have read, understood and have accepted these Terms;
- have considered these Terms in accordance with your other legal obligations;
- understand your Adviser Credentials are yours only and that you are at all times solely responsible for ensuring its security;
- understand that you are responsible for the security of any Member Information you access; and
- understand that you must not make any statement, use the Australian Retirement Trust logo for self-promotion or publish any material that could mislead someone into believing you are employed or licensed by Australian Retirement Trust or an Australian Retirement Trust affiliate (unless Australian Retirement Trust provides its prior written consent).
3. Variation of Terms
Australian Retirement Trust may vary these Terms at any time and will provide reasonable notice to you (via Adviser Online, email, or other reasonable channels) where the changes are material to you. We will use our best endeavours to provide 14 days’ prior written notice, however, if the changes are required by law or required to be made urgently, then we will endeavour to provide notice as soon as reasonably practicable.
If you are not happy with a variation of the terms and conditions made by us, you can stop using the Services at any time by notifying us and ceasing to use the Services.
If you use the Services after a variation to the Terms, the updated Terms will apply to your use of the Services.
4. Collection Notice and Privacy
Information you provide to us or our administrator when accessing or using the Services will be collected and managed in accordance with our Privacy Policy. Where you provide us with personal information about another person, you should notify that person about the disclosure of their personal information to us in accordance with applicable privacy laws.
Any personal information we collect pursuant to these Terms will be collected and managed in accordance with the Privacy Policy. If the information requested is not provided, Australian Retirement Trust will not be able to register you as a Financial Adviser and you will not be able to access the Services.
Australian Retirement Trust may also use this information to notify you about Australian Retirement Trust and other products. We may disclose personal information to third parties that help us deliver the Services (including information technology suppliers and our business partners) or as required by law.
Australian Retirement Trust's Privacy Policy sets out how you can access information about your personal details held by Australian Retirement Trust, correct any information which is inaccurate or out-of-date and information on the privacy complaints process. You can read Australian Retirement Trust's Privacy Policy here or call 13 11 84 for a copy.
When accessing or using the Services you agree to comply with the Privacy Act and other applicable privacy laws.
5. Suspension or cancellation of the Services
We may need to cancel, restrict or suspend your access to the Services, in whole or in part, at any time (acting reasonably), where necessary to comply with law, to protect our legitimate interests or acting consistently with our duty as Trustee. Before doing so, we will use reasonable endeavours to provide you with at least 14 days’ notice, except where the cancellation, restriction or suspension of access is required by law, where a financial adviser is not complying with law or is acting inconsistently with the Trustee duties, where our engagement with the financial adviser has ceased, or for security reasons or other emergencies (in which case we will provide you with notice as soon as reasonably practicable). To the extent permitted by law, we will not be responsible for any loss, cost or damage or liability that may arise as a result, except where such loss, cost, damage or liability is caused by our gross negligence, fraud or deliberate misconduct. Australian Retirement Trust will also cancel your access to the Services if (for example):
- you have requested us to do so; or
- Australian Retirement Trust has reasonable grounds to suspect:
- usage that is fraudulent; or
- that you are not complying with the Terms; or
- there are other security reasons sufficient to require cancellation; or
- we are required by law or regulatory authority to do so.
Australian Retirement Trust will also cancel your access to the Services where you have changed AFS Licensee. You acknowledge that a change of AFS Licensee will result in the expiration of all existing authorities you hold on Australian Retirement Trust member accounts held in the Super Savings product offering, as well as the immediate suspension of any outstanding Advice Fees until we have:
- confirmed that you are registered on the ASIC Financial Adviser Register;
- confirmed that you have an authority to access relevant Australian Retirement Trust member accounts, which may include existing third party authorisations or consent forms; and
- where relevant, received appropriate (as reasonably determined by us) documentation from your previous AFS Licensee and new AFS Licensee relating to relevant member authorities.
You may suspend or cancel your ability to use the Services at any time by notifying us by email, in writing or telephone on 13 11 84.
6. Availability of Services
Australian Retirement Trust will use all reasonable efforts to ensure that the Services specific to your registration are available at all times and that the information displayed in Adviser Online is without errors and corrections are made promptly.
If we are planning for Adviser Online to be unavailable for a period of longer than 24 hours, we will provide at least 14 days’ prior notice, except where we need to make Adviser Online unavailable urgently, for example due to legal requirements or for security reasons (in which case we will provide you with notice as soon as reasonably practicable).
You may have rights and remedies under law that cannot be excluded. To the maximum extent permitted by law, including the Australian Consumer Law and as otherwise specified in these Terms, we make no warranties or representations about the Services (including Third Party Services), including but not limited to warranties or representations that they will be complete, accurate, or up-to-date, that access will be uninterrupted or error free or free from viruses, or that the Services will be secure.
To the extent permittable by law, Australian Retirement Trust will not be liable for or in connection with:
- failure of a Service (including any Third Party Services) to perform, in whole or in part, any function which we have specified it will perform;
- interference or damage to your systems which occurs in connection with your use of the Services (including any Third Party Services);
- the unavailability of a Service (including any Third Party Services) to you, in whole or part; or;
- delays or errors in the execution of any transaction, information content or instruction because of the failure of any communication network, ancillary equipment or any circumstance beyond our reasonable control.
Except where the liability arises due to our gross negligence, fraud or deliberate misconduct.
Australian Retirement Trust will take all reasonable precautions to protect the confidentiality of your information and any Member Information held in Adviser Online or stored on our networks.
7. Your obligations
a. Australian Financial Services Licence
You must be registered on the ASIC Financial Adviser Register and hold the necessary authorisations and conditions required to provide the financial services that are the subject of your engagement with Australian Retirement Trust members.
You must only utilise the Services (including any Third Party Services) on behalf of Australian Retirement Trust members to assist in providing the financial services that are the subject of your engagement with the Australian Retirement Trust members in a manner consistent with your AFS Licence or your employment (as applicable), applicable law, ASIC Policy and the terms and conditions of your engagement with Australian Retirement Trust members (the Purpose).
You must not make any representations to any Australian Retirement Trust member that may cause a reasonable person to consider that we endorse or are otherwise responsible for any financial product advice or other financial services provided by you.
You must immediately notify us if you become aware of:
- any material breach of these Terms, your AFS Licence or employment under such AFS Licence, the Corporations Act or ASIC Policy by you;
- an Australian Retirement Trust member terminating their engagement with you; or
- any complaint that relates to your use of the Services (including any Third Party Services).
You acknowledge, represent and warrant to us that:
- any financial service in relation to which you access or use the Services (including any Third Party Services) is solely provided to the Australian Retirement Trust member pursuant to the terms of the engagement between you and each relevant Australian Retirement Trust member;
- you are duly authorised by each relevant Australian Retirement Trust member to undertake all actions involved in and related to your use of Services (including any Third Party Services); and
- you are duly authorised to provide the financial services that are the subject of your engagement with each relevant Australian Retirement Trust member.
b. Other obligations
You must:
- only use the Services (including any Third Party Services) and Member Information for the Purpose;
- comply with applicable laws relating to your use of the Services (including any Third Party Services);
- comply with all reasonable Australian Retirement Trust requests relating to your use of the Services (including any Third Party Services);
- store all information obtained via the Services (including any Third Party Services) in a manner consistent with good industry practice;
- take all reasonable steps to ensure that no harmful code, virus, worm, trojan horse or other malicious code is introduced into the Services (including any Third Party Services) or any data or information accessed via the Services; and
- treat all information obtained via the Services (including any Third Party Services) as confidential and not disclose such information unless otherwise authorised under these Terms, or if the information pertains to an Australian Retirement Trust member with their consent.
8. Access and Security
a. Access
You agree that you will:
- only access Member Information you are authorised to access and use such Member Information for the Purpose;
- notify Australian Retirement Trust immediately if you have been provided access to any Member Information that you should not have access to (including access via the Third Party Services); and
- if you suspect that your password may have become known to any other person, or that for any reason an unauthorised person may have been in a position to access Adviser Online or any Third Party Services on your behalf, ensure that:
- your password is changed; and
- you inform us immediately on 13 11 84
b. Your password and Adviser Credentials
Australian Retirement Trust staff will never ask you for your password. You agree that you will:
- ensure at all times that your password is kept secure and not disclosed to any unauthorised person;
- not allow any unauthorised person to access Member Information or effect any transactions relating to the Services;
- protect your Adviser Credentials from being lost, stolen or disclosed;
- log off immediately after you have finished accessing the Services; and
- not keep a written record of your password.
To maximise the security of Member Information, you agree to regularly change your Adviser Online password.
c. Acknowledgement
You acknowledge and agree that:
- your password allows anybody access to Member Information and the ability to effect any transactions permitted by the Services;
- when access to Adviser Online has been gained following the successful entry of your password, any operations involving your Adviser Credentials will be taken to have been authorised and effected by you in writing;
- we are under no duty to enquire or establish if a person accessing the Services is you; and
- no data transmission over the internet can be guaranteed as totally secure and that, while Australian Retirement Trust will take all reasonable measures to protect the security of such information, Australian Retirement Trust cannot ensure or warrant the security of any information transmitted using the Services.
9. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Adviser Online and the Services (other than any Third Party Services), and it all of the material made available via Adviser Online or the Services (the Content).
Your use of the Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to Adviser Online, the Services or the Content. However, we do grant you a licence to access the Services and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our Third Party Service providers.
10 Third Party Information and Services
The Services incorporate and use Third Party Information and Third Party Services. Neither Australian Retirement Trust nor the relevant third party is responsible for the Third Party Information or Third Party Services and makes no representation as to the accuracy, reliability, timeliness or appropriateness of the Third Party Information or Third Party Services.
11. Liability and indemnity
a. Australian Retirement Trust’s Liability and indemnity
You may have rights and remedies under law, including the Australian Consumer Law, that cannot be excluded.
Otherwise, to the maximum extent permitted by law, the Services (including any Third Party Services) are provided ‘as is’ and, provided we have not been grossly negligent, fraudulent or engaged in deliberate misconduct, we shall not be liable for any direct or indirect loss, damage or expense suffered by you or any third party arising under or in connection with these Terms.
To the extent permitted by law, our liability in respect of any non-excludable warranties or conditions relating to the Services is limited to resupplying the relevant Services (including any Third Party Services) or the reasonable cost of resupplying the relevant Services.
We will indemnify you in respect of all loss, damage, costs, expenses, direct and indirect loss or consequential loss arising in connection with:
- our breach of these Terms;
- our gross negligence, fraud or deliberate misconduct in providing access to the Services.
b. Your liability
To the maximum extent permitted by law, including the Australian Consumer Law, you agree to indemnify us and any Third Party Service Providers in respect of all loss, damage, costs, expenses, direct and indirect loss or consequential loss arising in connection with:
- your breach of these Terms;
- your use of the Services (including any Third Party Services);
- any financial services that you provide to Australian Retirement Trust members, including the services that you provide through accessing and using the Services; and
- your fraud, wilful misconduct or gross negligence.
Except to the extent caused or contributed to by our fraud, gross negligence or wilful misconduct.
12. Advice Fee Policy
a. Fund (Trustee) Discretion
The facility to pay Advice Fees from a member’s account is at the Fund’s discretion (acting consistently with its duties as Trustee). The Fund will pay an Advice Fee where:
- the request complies with these Terms and the Advice fee request FAQs;
- you have completed an Advice Fee Form to Australian Retirement Trust’s satisfaction;
- your AFS Licensee has signed the relevant Agreement with Australian Retirement Trust; and
- Australian Retirement Trust is satisfied the payment of the Advice Fee is permitted having regard to Australian Retirement Trust’s Sole Purpose Test Obligations.
The Sole Purpose Test as it is prescribed within the Superannuation Industry (Supervision) Act 1993 (SIS Act) permits the use of Fund monies only as it pertains to the provision of benefits to members in retirement, or in other limited allowable circumstances including payment of death, total and permanent disability or income protection benefits.
The Fund may therefore apply Fund monies where it supports certain member services that are consistent with the Sole Purpose Test, such as the payment of financial Advice Fees where the advice provided has a direct, reasonable and transparent connection to the members continued interest in the Fund.
You agree to review these Terms, the Advice Fee Request FAQs and Advice Fee Form for further information regarding:
- the rules, restrictions, limitations and conditions of payment of Advice Fees from member accounts; and
- Sole Purpose Test obligations as it relates to Advice Fees and the Fund.
b. Member Disclosure Obligations
You agree that Australian Retirement Trust's Advice Fee Form is not a substitute for, and must not be used by you or your AFS Licensee to satisfy, any consent or disclosure obligation imposed on you or your AFS Licensee under the Corporations Act 2001 (Cth) (including the rules relating to ongoing fee arrangements advice under Part 7.7A Corporations Act).
c. AFS Licensee Agreement
You acknowledge that the Fund will not process an Advice Fee Request until the Fund has received the relevant AFS Licensee Agreement in the approved form signed by your AFS Licensee.
d. Payment of Advice Fees
The Fund will only pay advices fees in accordance with these Terms, in respect of advice provided to a member to:
- the AFS Licensee named on the relevant Advice Fee Form; or
- where you have ceased with your current AFS Licensee, your new AFS Licensee where notification is provided in the appropriate form and within the approved timeframe as stipulated within these Terms (refer to section 5).
e. Advice & Fee Reviews
The Fund will periodically reasonably review Advice Fee Requests and payments of Advice Fees to ensure they meet the requirements outlined in these Terms.
You agree to cooperate with Australian Retirement Trust in relation to any reasonable requests made of you by Australian Retirement Trust during any review under this Clause.
You agree to provide any or all of the following documents for the purpose outlined in this Clause:
- the relevant sections and/or a complete copy of the Statement of Advice;
- the relevant sections and/or a complete copy of the Record of Advice;
- Client Services Agreements (or variation of this Document Type);
- other evidence of the advice services provided or to be provided.
A request of this nature may be made by Australian Retirement Trust in respect of any or all members for which you have submitted an Advice Fee Request.
The Fund will collect and where required retain documentation in accordance with the Privacy Policy, Privacy Act and other applicable privacy laws (refer to section 4).
f. Failure to provide documentation
You acknowledge that a failure or rejection by you to provide documentation upon request can result in the following:
- the cancellation of the Advice Fee, which is the subject of the documentation request;
- the cancellation of any or all your Advice Fees;
- the revocation and cancellation of your access to the Service; and/or
- a ban on any or all functions provided by the Service.
In acknowledging the above, you confirm that upon request following one of the above events, you will reimburse any or all Advice Fees to be recredited to the member account/s.
g. Breach of Advice Fee requirements
You acknowledge that where an Advice Fee has been submitted which is not in accordance with these Terms, it can result in the following:
- the reduction of the Advice Fee in question;
- the reduction of any or all your Advice Fees;
- the cancellation of any or all your Advice Fee;
- the revocation and cancellation of your access to the Service.
- a ban on any or all functions provided by the Service.
In acknowledging the above, you confirm that upon request following one of the above events, you will reimburse any or all Advice Fees to be recredited to the member account/s.
13. Further information
You can contact us by:
Telephone (Customer contacts): 13 11 84
Write to us at: GPO Box 2924, Brisbane QLD 4001
14. Applicable Law
These Terms and your use of the Services are governed by and is to be construed in accordance with the laws applicable in Queensland.
Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts exercising jurisdiction in Queensland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
15. Disclaimers
Nothing in these Terms and Conditions is intended to exclude, restrict or modify:
- the application of any provisions of the Competition and Consumer Act (including the Australian Consumer Law), the Corporations Act 2001 (Cth), the Australian Securities and Investment Commission Act 2001 (Cth) or any equivalent State or Territory legislation;
- the exercise of any right conferred by such provisions or Australian Retirement Trust's liability for a breach of a condition or a warranty implied by such a provision; or
- Any liability arising due to our gross negligence, fraud or deliberate misconduct.
In the event of inconsistency with any such provision or with any other law, these Terms and Conditions will be read down accordingly.
16. Meaning of Terms
'Advice Fee/s' means a fee payable for the provision of personal financial advice to a member of Australian Retirement Trust in respect of the member’s interest in the Fund.
‘Advice Fee Form’ means the Super Savings Advice fee request form, Super Savings Ongoing advice fee renewal form, QSuper Advice fee request form.
'Advice Fee Request/s' means a request by a Financial Adviser, in a form approved by Australian Retirement Trust, to pay an Advice Fee authorised by an Australian Retirement Trust member.
'Adviser/s' and 'Financial Adviser/s' means the individual registered for the Services.
‘Adviser Credentials’ means, individually and collectively, Adviser Online Access and Third Party Access as the circumstances requires.
'Adviser Online' means the online service that Australian Retirement Trust provides to Financial Advisers for accessing information regarding their clients who are members of Australian Retirement Trust.
'Adviser Online Access' means the user name and password required to access Adviser Online.
‘AFS Licensee’ or ‘Licensee’ means the holder of the Australian Financial Services License under which financial advice is provided by the Adviser.
‘ASIC’ means the Australian Securities and Investments Commission.
‘ASIC Financial Adviser Register’ means the register of individuals who are authorised as a financial adviser maintained by ASIC.
‘ASIC Policy’ means any regulatory guides, legislative instruments and class orders or any other binding rules issued by ASIC.
‘Australian Consumer Law’ or ‘ACL’ means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
‘Financial Advice Practice’ means an entity that employs one or more Financial Advisers.
‘Member Information’ means information in relation to relevant Australian Retirement Trust member’s account.
‘Purpose’ has the meaning given to that term in clause 7.
‘Services’ has the meaning given to that term in clause 1.
‘Third Party Information’ means information supplied by a third party which is included as part of the Services.
“Third Party Services’ means a service provided by a third party which allows you to access information about your clients who are Australian Retirement Trust members, which for example may include a data feed via a third party financial planning software provider.
‘Third Party Access’ means the credentials and passwords required to access a Third Party Service (if any).
'You', 'yourself' and 'your' refers to the Financial Adviser or any person who you authorise to have access to the Services (on the basis that you acknowledge and agree that you are responsible for all acts and omissions of such person when accessing or using the Services).