These Terms and Conditions (Terms) govern your access to and use of the website located at https://superjunction.com.au/ and any related client portal, online forms, digital document upload facilities, communications and online features made available by Super Junction (we, us, our).
By accessing or using our website, client portal or online services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or online services.
These Terms govern website and portal use only. If we provide you with SMSF administration, accounting, document management or other professional services, those services may also be governed by a separate engagement letter, proposal, service agreement or scope document. If there is any inconsistency, the specific engagement document will prevail to the extent of that inconsistency.
1. About these Terms
1.1 These Terms apply to all visitors to our website and all users of our client portal, online forms, upload tools and related online services.
1.2 By using our website or any online service we make available, you confirm that you have read and accepted these Terms and our Privacy Policy.
1.3 If you access or use our website or portal on behalf of a company, trustee, fund, business or another person, you warrant that you are authorised to do so and to bind that person or entity to these Terms.
2. Website and portal use
2.1 You may use our website and client portal only for lawful purposes and in accordance with these Terms.
2.2 You must not use our website, portal or online services in any way that:
- breaches any applicable law, regulation or third-party right;
- is fraudulent, misleading, deceptive or unlawful;
- infringes intellectual property, privacy, confidentiality or other rights of any person;
- introduces viruses, malware, malicious code or any other harmful material;
- interferes with the security, availability or proper operation of our systems;
- attempts to gain unauthorised access to accounts, systems, networks or data;
- harvests, scrapes or collects information from the website or portal without our consent;
- uses the website in a way that could damage, disable, overburden or impair our systems;
- uploads, transmits or stores material that is defamatory, abusive, obscene, offensive or otherwise inappropriate; or
- uses our website or portal in a manner inconsistent with its intended purpose.
2.3 We may monitor use of our website, portal and systems to protect our users, systems, data, legal rights and legitimate business interests.
3. Client accounts and portal access
3.1 Some parts of our services may require you to create an account or use login credentials provided by us.
3.2 You must ensure that all information you provide to us is accurate, current and complete.
3.3 You are responsible for:
- keeping your login credentials confidential;
- restricting unauthorised access to your account;
- ensuring that documents and information uploaded under your account are accurate and authorised; and
- all activity occurring through your account unless caused by our breach of law or negligence.
3.4 You must notify us promptly if you become aware of any unauthorised access to your account, misuse of credentials or suspected security incident.
3.5 We may suspend, restrict or disable portal access where reasonably necessary for security, maintenance, compliance, non-payment, suspected misuse, or breach of these Terms.
4. Information and documents you provide
4.1 You are responsible for ensuring that any information, data or documents you provide to us through the website, portal, email or other online means are:
- accurate, complete and not misleading;
- lawfully obtained and lawfully provided;
- provided with appropriate authority; and
- free from viruses, malware or malicious code to the best of your knowledge.
4.2 If you upload or submit documents or information relating to another person, business, trustee, member, client or third party, you warrant that you are authorised to provide that information to us and to permit us to use it for the purpose of providing our services.
4.3 We may rely on information and documents you provide unless we are aware that the information is incorrect or incomplete.
4.4 You acknowledge that delays, errors or additional costs may arise where information or documents provided to us are incomplete, inaccurate, inaccessible, corrupted, password-protected without valid credentials, or otherwise unsuitable for processing.
5. No financial, legal or tax advice through website content
5.1 The content on our website is provided for general informational purposes only unless expressly stated otherwise.
5.2 Website content does not constitute financial product advice, taxation advice, legal advice, investment advice, accounting advice or any other professional advice on which you should rely without obtaining advice tailored to your circumstances.
5.3 You should obtain independent professional advice before acting on any information available on our website.
5.4 Nothing on our website is intended to create a client relationship unless and until we agree to provide services to you.
6. Professional services
6.1 Where we agree to provide professional services, those services may be subject to a separate engagement letter, proposal, scope document, fee schedule or service agreement.
6.2 Our website and portal may be used as part of delivering those services, including for communications, document collection, uploads, workflow management and reporting.
6.3 Unless expressly agreed otherwise in writing, our website does not itself constitute a full statement of the services we will provide to you.
7. Fees and payments
7.1 Access to our public website is generally free, but some services, portal features or engagements may be subject to fees.
7.2 If we provide services to you for a fee, those fees will usually be set out in a separate proposal, engagement letter, service agreement, invoice or pricing document.
7.3 Unless otherwise stated, all fees and charges are in Australian dollars and are exclusive of GST where applicable.
7.4 We may suspend access to certain services or portal features if amounts due to us remain unpaid, subject to any separate written agreement with you.
8. Intellectual property
8.1 We own or license all rights, title and interest in the website, portal, software, design, layout, branding, logos, text, graphics, workflows, downloadable materials and other content made available by us, other than content owned by third parties or materials you upload.
8.2 Nothing in these Terms transfers any intellectual property rights to you.
8.3 You may view and use our website content for your own internal business or personal use only, subject to these Terms.
8.4 You must not, without our prior written consent:
- reproduce, republish, distribute, sell, modify or commercially exploit any part of our website or portal;
- reverse engineer, decompile or attempt to extract source code from any website or portal software except as permitted by law;
- remove copyright, trade mark or proprietary notices; or
- use our name, logos, branding or trade marks in a way that suggests endorsement or association.
8.5 You retain ownership of documents and information you upload to our systems, but you grant us a non-exclusive, royalty-free licence to use, host, copy, store, process and transmit that material to the extent reasonably necessary to operate the website, portal and services, comply with legal obligations, and provide services requested by you.
9. Privacy and data handling
9.1 Our handling of personal information is governed by our Privacy Policy, as updated from time to time.
9.2 By using our website or portal and providing personal information, you acknowledge that we may collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable law.
9.3 You should not provide sensitive personal information, tax file numbers or confidential documents through unsecured channels unless requested or unless you are satisfied with the security of the transmission method being used.
10. Third-party services, software and links
10.1 Our website or portal may integrate with, connect to, or link to third-party websites, software, portals, payment providers, cloud storage systems, analytics tools or service providers.
10.2 We are not responsible for the content, availability, security, privacy practices or terms of any third-party website or service that is not operated by us.
10.3 A link to or integration with a third-party service does not imply endorsement, approval or recommendation by us unless expressly stated.
10.4 Your use of third-party websites or services is at your own risk and may be subject to separate third-party terms and privacy policies.
11. Availability, maintenance and security
11.1 We aim to keep our website and portal available and functioning properly, but we do not guarantee uninterrupted, timely, secure or error-free access.
11.2 From time to time, access may be limited or unavailable due to maintenance, updates, outages, cyber incidents, telecommunications issues, software faults, third-party provider failures or other causes beyond our control.
11.3 We may modify, suspend, withdraw or restrict any part of the website or portal at any time where reasonably necessary for business, security, legal, technical or operational reasons.
11.4 You are responsible for maintaining your own internet connection, systems, anti-virus protection, backups and cyber security protections when using our online services.
12. Disclaimers
12.1 To the maximum extent permitted by law, our website and portal are provided on an “as is” and “as available” basis.
12.2 While we take reasonable care in preparing website content and operating our systems, we do not warrant that:
- the website or portal will always be available, secure or error-free;
- website content is complete, current or suitable for your circumstances;
- files or information downloaded from the website will be free from viruses or other harmful components; or
- use of the website will achieve any particular business, financial, tax or legal outcome.
12.3 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law.
12.4 Where a non-excludable guarantee applies, our liability is limited to the maximum extent permitted by law.
13. Limitation of liability
13.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage, or any loss of profit, revenue, opportunity, goodwill, anticipated savings, business interruption, corruption or loss of data arising from or in connection with:
- your use of, or inability to use, the website or portal;
- unauthorised access to your account caused by your failure to protect credentials;
- delays, outages, system failures or cyber incidents not caused by our wilful misconduct;
- your reliance on general website content;
- third-party software, services, websites or systems; or
- material uploaded, submitted or instructed by you or on your behalf.
13.2 To the maximum extent permitted by law, our aggregate liability arising out of or in connection with these Terms, the website or portal is limited to:
- if the claim relates to paid services, the fees paid by you to us for the relevant services in the 12 months preceding the event giving rise to the claim; or
- if no fees were paid, AUD $100.
13.3 Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence where liability cannot be excluded by law.
14. Indemnity
14.1 You indemnify us and our directors, employees, contractors and related entities against any loss, damage, liability, claim, cost or expense (including reasonable legal costs) arising from or in connection with:
- your breach of these Terms;
- your unlawful use of the website or portal;
- information, documents or instructions provided by you that are false, misleading, infringing, unlawful or unauthorised; or
- your infringement of any third-party rights.
14.2 This indemnity does not apply to the extent that the loss is caused by our fraud, wilful misconduct or breach of law.
15. Suspension and termination
15.1 We may suspend, restrict or terminate your access to the website, portal or any online service immediately where we reasonably believe:
- you have breached these Terms;
- there is a security risk, suspected fraud or unauthorised use;
- we are required to do so by law;
- continued access may expose us, you or another person to loss, liability or harm; or
- fees for services remain overdue and unpaid after reasonable notice, where relevant.
15.2 You may stop using the website or request closure of a portal account at any time, subject to any ongoing service engagement, legal retention obligations, or outstanding fees.
15.3 Termination or suspension does not affect any accrued rights, obligations or liabilities of either party.
16. Electronic communications
16.1 You consent to receiving communications from us electronically, including by email, portal notification, workflow message, online task update or other electronic means.
16.2 You are responsible for ensuring that your contact details remain current and that you regularly monitor the email address or portal account used to communicate with us.
16.3 We may rely on communications, approvals and instructions appearing to come from you or your authorised representatives unless we have reason to suspect they are not genuine.
17. Changes to these Terms
17.1 We may update these Terms from time to time by publishing an updated version on our website.
17.2 Changes will take effect from the date the updated Terms are published, unless a later date is stated.
17.3 Your continued use of the website or portal after updated Terms are published constitutes acceptance of the updated Terms.
18. General
18.1 If any provision of these Terms is invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
18.2 Our failure to enforce a right under these Terms does not waive that right.
18.3 These Terms are governed by the laws of Queensland, Australia.
18.4 You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts hearing appeals from those courts.
19. Contact us
If you have any questions about these Terms, please contact us:
- Super Junction
- Email: clientcare@superjunction.com.au
- Address: 17 Gould Road, Herston Queensland 4006, Australia
- Website: https://superjunction.com.au/