Terms and Conditions of use of MercerWindow

It is important you read and agree to the following terms and conditions before you use this website ("Site"), as you will be bound by them whenever you access, browse or use the Site.

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and accepted these Terms and Conditions. Please read these Terms and Conditions carefully and be aware that they may be changed at any time. These Terms and Conditions were last revised on 16 February 2012.

This website is provided by Mercer Outsourcing (Australia) Pty Ltd (MOAPL) ABN 83 068 908 912, Australian Financial Services Licence #411980 (refer to our Financial Services Guide). 'MERCER' is a registered trademark of Mercer (Australia) Pty Ltd ABN 32 005 315 917.

These Terms and Conditions do not apply to websites we do not own or operate.

In accessing, browsing or using this Site you acknowledge and agree:

1. The Site contains information concerning the superannuation or pension account details of members ("Member Personal Information") and other information concerning superannuation funds ("Superannuation Fund Information").
2. Mercer shall provide you with a confidential User ID and Personal Identification Number ("Password") that will permit access to the secure part of the Site.
3. You may use your password to access information upon the authorisation of:
   
   (a) Mercer and the relevant member or trustee, in the case of Member Personal Information; or
   (b) Mercer and the trustee, in the case of Superannuation Fund Information.

   You must not attempt to access any information from the Site if you have not been provided with such authorisation to access that information. You must notify us at MercerWindow Support mercerwindow@mercer.com ("Site Contact") immediately you become aware that your Password has been used for any such unauthorised access or attempted access.

4. You acknowledge that access to information from this Site will be provided to any person using your Password. You must therefore do everything necessary to protect your Password from disclosure to any other person. You will be responsible for all acts of unauthorised use of your Password.
5. Any action or request made by the user of your Password ("Instruction") will be deemed to have been made by you and the request may be carried out by Mercer without further enquiry.
6. You will be responsible for all Instructions whether or not made by you. Mercer will not be liable for acting on an Instruction.
7. You must notify the Site Contact immediately if you become aware that your Password has been lost or forgotten. A new Password will be provided to you.
8. If requested by Mercer or in the event of clause 6 occurring, you must immediately change your Password.
9. You will notify the Site Contact in writing if you want your access to the Site suspended or cancelled at any time.
10. Your use of the Site may be interrupted, varied, suspended or cancelled by Mercer at any time without notice or for reasons beyond Mercer's control and you agree that Mercer will not be liable for any interruption, variation, suspension or cancellation of the Site.
11. The content at this Site has been compiled in good faith by Mercer but no guarantee is given (either express or implied) regarding reliability, timeliness, completeness or accuracy of the Site at any particular time. All information available via the Site is subject to change without notice. Therefore you should not rely upon, act upon, give or make available to another person any of the information obtained from the Site without first having it verified in writing by Mercer.
    In addition, certain information at this Site belongs to parties other than Mercer. Mercer does not claim authorship of such information and duly acknowledges the copyright of other parties where applicable. Mercer shall not be liable if you rely on any information obtained via this Site.
12. While Mercer will endeavour to keep Client and Member personal information and other information available via the Site up to date, there will be times when this is not the case.
13. Mercer is entitled to treat any information received from you as reliable, accurate, complete and up to date.
14. You must not rely upon, act upon, give or make available to another person any of the personal information and other information (whether electronic or otherwise) from this Site without first having that personal information and /or other information verified in writing by Mercer.
15. By activating any hypertext links at this Site you may leave this Site and go to other websites that are not under the control of Mercer. Mercer does not accept any responsibility or liability in respect of material contained in other websites. The terms and conditions that apply to other websites may be different from these and those terms and conditions will govern the use of information you access or obtain from those sites.
16. The content at this Site has been prepared for residents of Australia and New Zealand as the case may be. All currency references are shown in the dollars of the country the super fund resides in unless otherwise specified. If you are resident in any other country you will need to check whether you are entitled to access this Site. Mercer does not accept any liability arising from you accessing this Site outside either Australia or New Zealand. This Site is governed by, and is to be interpreted in accordance with, the laws of Victoria, Australia
17. Mercer uses reasonable efforts to maintain this Site and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorised access, destruction, misuse, modification and improper disclosure. The information you enter via this Site or access via this Site is stored securely by Mercer on its data servers however you acknowledge no computer system or information can be fully protected against every possible hazard and Mercer shall not be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of any of the content of the Site.
18. You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Site when accessing, providing or downloading information via this Site.
19. Except to the extent required by law, Mercer and its related companies make no representations or warranties, express or implied that this Site is fault free or as to the continuity, accessibility, reliability or efficiency of the Site prior to, during or after your acceptance of these Terms and Conditions, or the suitability of the Site to your needs and will accept no responsibility arising in any way (including for Mercer's negligence) for errors in, and omissions or otherwise for any loss or damage of any kind at all (including consequential loss) arising directly or indirectly out of the provision or use of, or inability to use the Site.
20. By accessing this Site, you enter into this agreement at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by Mercer or any related company of Mercer.
21. Mercer will not be liable if you breach these Terms and Conditions or your use of the Site causes loss, damage or injury to you or any other person or entity. You agree to indemnify Mercer and/or any related company of Mercer from and against all such loss, damage, injury and expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from your breach of these Terms and Conditions or your use of the Site.
22. If any provision of these Terms and Conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these Terms and Conditions will continue to be legal and enforceable.
23. Except where otherwise stated, the copyright and intellectual property rights relating to the content of this Site belong to and remain the property of Mercer. The granting of access to the Site by Mercer does not create or imply a license or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these Terms and Conditions, unless authorised by the written consent of Mercer.
24. The performance of the investments contained on or referred to in this Site are not guaranteed by Mercer, any of its related companies or the relevant fund managers. The investments are subject to the rise and fall of the market. Past performance is not indicative of future performance.
25. For the purposes of this Clause "Messages" means all mail items of any description transmitted by electronic means between Mercer and you via the Site. You acknowledge that you may submit Messages to Mercer and that you are responsible for confirming receipt of the Message by Mercer. If you do not receive confirmation of receipt or response from Mercer regarding your Message you should assume that the Message was not received by Mercer and you should re-send the Message or follow up the Message by other means.