QSuper's Member Online is a web-based superannuation administration portal owned by the Board of Trustees of the State Public Sector Superannuation Scheme (ABN 32 125 059 006) ('QSuper Board') as trustee for the State Public Sector Superannuation Fund (ABN 60 905 115 063) ('QSuper Fund'). Unless we tell you otherwise, Member Online and all products are issued by the QSuper Board as trustee for QSuper Fund. Information and advice is provided by QInvest Limited (ABN 35 063 511 580, AFSL and Australian Credit Licence Number 238274) ('QInvest'). QInvest is a separate legal entity and is responsible for the financial services and credit services it provides.
Member Online is available for access and use by QSuper members only. Member Online can only be accessed after completing the registration process. You will become a registered user of Member Online and be entitled to access and use Member Online when your registration is accepted by us. Certain Member Online functions may require you to undergo further identification verification steps in order to access those functions, and access to those functions will only be granted when these further steps have been completed to our satisfaction.
You must not use Member Online or its content in any manner or for any purpose which is unlawful or in any manner inconsistent with these Terms and Conditions. Additional specific terms may also apply and these are set out after these general terms. We reserve the right to deny or to refuse access to any person at our discretion.
References to 'you', 'your' and 'yours' are references to the person(s) accessing Member Online.
References to 'we', 'us', 'our' and QSuper are references to each of the QSuper Board, the QSuper Fund, QSuper Limited and QInvest, unless the context we’re using it in suggests otherwise.
1. General terms
1.1 Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. Where significant changes are made, you will be required to reaccept the Terms and Conditions. Any subsequent access to, or use of, Member Online by you will constitute an acceptance of those modifications.
1.2 Change of functionality
We will endeavour to inform users about changes to functionality before they come into effect, through channels deemed appropriate by QSuper. We reserve the right to change the functionality of Member Online at any time without prior written notification.
1.3 Electronic communications
It is a requirement of Member Online that you provide a valid email address, and inform us if you change it.
You agree to receive emails in relation to your use of Member Online.
You agree that where we are required by law to provide you with a document, we may provide that document electronically (whether provided on or through links on Member Online or via email). The information we will make available in this way includes significant event notifications, financial services guides, product disclosure statements, your benefit statement, our annual report, statements of advice, and exit statements. We recommend that you print a copy of any document so provided or file it electronically for future reference.
You agree not to dispute the validity or enforceability of electronic communications and you will be taken to have received such communications whether or not you access the communications on Member Online.
You may opt out or change your preferences for future communications at any time through Member Online, or by contacting us.
Please note that if you have already opted out of receiving this information electronically, we will continue to send it through the post.
We will endeavour to provide access to Member Online on a 24 hour basis, however there may be times when Member Online is unavailable due to scheduled maintenance, or for other reasons such as force majeure.
1.5 Personal and bank details
You acknowledge that:
- It is your sole responsibility to ensure that any personal and bank details that you enter into Member Online or otherwise provide to us are correct and up to date
- We are not required to verify your personal or bank details or to update these unless we are instructed to do so by you
- Where funds have been incorrectly applied as a result of incorrect or out of date personal or bank details, we are not required to assist with the tracing of funds
- To the extent permitted by law, we disclaim liability for any and all losses, costs, charges and expenses you or any other person suffers as a result of your personal or bank details being incorrect or out of date on Member Online, including in relation to the incorrect application of funds, unless as a result of our negligence.
1.6 Security, passwords and log on information
You acknowledge that:
- It is your responsibility to protect your password from becoming known to a third party
- You may be liable for unauthorised actions carried out by unauthorised persons who use your personal log on information
- You must not keep your password in any form, encoded or decoded, in a location where it may be copied or used by any other person
- You must not give, show or tell your password to anyone, including family, friends, account aggregators, or advisers
- You must therefore ensure that your log on information and password are not written down or stored together on or with a personal computer that could be used for accessing Member Online
- You must notify QSuper immediately if you know or suspect that your password has become known to a third party, or if you know or suspect any unauthorised use of your password, and
- We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including email) are vulnerable to interception by third parties and we do not guarantee the security of these communications or the security of Member Online.
You are solely responsible for any activity or loss caused by use of your personal log on information. You are responsible for any access to Member Online as a result of use of your personal log on information, including any use you have not approved (including where such use involves an unauthorised or fraudulent act) unless your personal log on information has become known or accessed by a third party as a result of our negligence.
Access to Member Online is only available to you whilst you are a registered user of Member Online and hold current log on information and password. Once access is granted, any actions by a person using that log on information and password will be deemed to be made by you or with your authority. Your log on information and password entitle anyone who correctly uses them to conduct the type of operations on Member Online for which designated user rights have been provided. You acknowledge and accept that we cannot verify whether the user of correct log on information and a password is a registered user of Member Online.
If you believe that your log on information or password have been compromised, lost or misplaced please contact us immediately using one of the methods detailed on our contact us page.
We do not advise you to access Member Online from computer terminals which are shared with other users (e.g. internet cafes). It is difficult to ensure these computers are free of malicious software such as spyware which might allow someone to access your log on information or password and make unauthorised use of these. We also recommend that you maintain up to date virus protection software on your computer which should assist in protecting it from malicious software and spyware.
1.7 Termination and denial of access
QSuper can cancel or suspend your access to Member Online at any time, at our discretion without notice. All indemnities by you, and disclaimers and limitations of liability by QSuper will continue after termination.
You may cancel your registration with Member Online by notifying us in writing and we will terminate your access within 5 business days of receipt of that written notice.
You agree to indemnify us against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred or suffered by us:
- as a direct or indirect consequence of your use (or use by any other person using your personal log on information including where this is unauthorised or fraudulent) of Member Online, your breach of these Terms and Conditions, or your breach of any rights of third parties
- in connection with us acting in accordance with any actions that appear to be given by you, including:
- actions that are unauthorised or fraudulent, or
- any request made that we stop an action you have initiated through Member Online from being processed,
except to the extent that liability is directly caused by a breach of these Terms and Conditions by us, or by any negligent act or omission by us.
- We warrant that we will use reasonable efforts to ensure the information provided through Member Online 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.
- You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in these Terms and Conditions.
1.11 Limitation of liability
- To the extent permitted by law, we exclude any liability (including in negligence or in tort or for any other common law or statutory action) for any loss, costs, charges and expenses suffered or incurred by you directly or indirectly arising as a result of:
- the use of Member Online by you, any other user, or any other person who uses Member Online on your behalf (including where such use involves an unauthorised or fraudulent act)
- our breach of these Terms and Conditions
- us acting in accordance with any actions that appear to be given by you, including:
- actions that are unauthorised or fraudulent, or
- any request made by you that we stop an action from being processed;
- any unauthorised access by third parties to Member Online or to the information contained or functionality available on Member Online
- the failure of Member Online to perform any function which we have specified it will perform (including any failure as a result of a disruption to any telecommunications service, power supply or internet connection)
- any reliance on, use of, or inability to use any information displayed or functionality available on Member Online
- any technical or service difficulties or processing delays in relation to Member Online, including processing delays
- any technical or service difficulties or processing delays caused to any computer, associated equipment, software or data, or
- any matters arising from data corruption, breaches of data or security, defects in transmission or viruses.
- Where our liability cannot be excluded under any law, our liability will be limited to, at our discretion, either:
- the costs of re-supplying any functionality provided on Member Online or a requested action to you, or
- paying you the cost of re-supplying any functionality provided on the Member Online or a requested action to you.
- Despite any other clause, to the extent permitted by law, we are not liable to you or to any other person for:
- unauthorised use or any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you, any other users of Member Online or any other person, or
- any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
- Nothing in this clause 1.11 limits our liability with respect to damages for personal injury, including sickness and death.
1.12 Copyright and trademarks
Where the term 'QSuper' is used on the QSuper website and within Member Online, it represents the QSuper Board, the QSuper Fund and QSL, unless expressly indicated otherwise.
All copyright, rights and interest in this website are owned or controlled by QSuper. The QSuper website and Member Online contains a number of registered trademarks which are owned by QSuper, or are used with the permission of the registered trademark owners.
You agree to use Member Online and its contents solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person. You must not republish, redistribute, copy, frame, modify, interfere with the working of, reverse engineer, remove, paste onto, link to or from another website any part of the QSuper website or Member Online, or in any way exploit any part of the QSuper website, Member Online or the content.
We will use your email address to communicate with you via email. Any other information collected by us in connection with your use of Member Online will be used to provide the action you have requested. Access to and correction of any of your information held by us is available on request.
We expressly reserve the right to monitor and track any or all use of Member Online including any visits you make to QSuper website pages while logged into Member Online. We may track the number of users who visit areas of the QSuper website and Member Online. We may also record the IP address of your computer on the internet for systems administration and trouble shooting purposes and to report aggregate information.
We will collect personal information if you commence or submit an application online, or otherwise knowingly provide us with personal information.
The information on the QSuper website and Member Online has been prepared for general purposes only without taking into account your financial objectives, situation, or needs, and should not be relied on as legal or taxation advice, nor does it take the place of such advice, so it may not be appropriate for your circumstances. As a result, you should consider the appropriateness of the information for your circumstances and read the relevant product disclosure statement (PDS) before making an investment decision and you should consider seeking advice from a financial adviser. You can download the relevant PDS or guide, or call us and we’ll send you one. Please note that all investments carry some risk and past performance is not a reliable indicator of future performance.
1.15 Force Majeure
Despite any other provision in these Terms and Conditions, if we are unable to perform or are delayed in performing an obligation under these Terms and Conditions by reason of an act of God, lockout or other interference with work, war declared or undeclared, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental restraint, expropriation, prohibition, intervention, direction or embargo, and any other cause, which is not reasonably within the control of QSuper ('Force Majeure Event'), and notice has been given to you as soon as reasonably practicable:
- that obligation is suspended by only so far and for so long as it is affected by the Force Majeure Event
- we will not be responsible for any loss or expense suffered or incurred by any other party as a result of, and to the extent that, it is unable to perform or is delayed in performing its obligations because of the Force Majeure Event
- the time for performing that obligation is extended by the duration of the Force Majeure Event, and
- we will take all reasonable steps to avoid, remove or limit the effects of the Force Majeure Event on our performance of the suspended obligations as quickly as possible (however this does not require us to settle any strike or other labour difficulty on terms contrary to our wishes).
If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
1.17 Governing law
These Terms and Conditions, the information in Member Online and all matters relating thereto are governed by and to be construed in accordance with the laws of Queensland and are within the exclusive jurisdiction of the Australian courts.
2. Specific terms
2.1 Investment switches
Member Online contains the option which allows you to make your own investment switches online. As a QSuper member, you can change your choice as many times as you like. If you make an investment switch online the following conditions will apply as well as any further conditions that may be stipulated at the time you make the investment switch:
- The unit price applied to a switch of your existing investment mix will be the unit price two working days after a valid switch application is received by us
- Switch applications correctly submitted to QSuper after 3.00pm (AEST) on any day that is not a Saturday, Sunday or public holiday in Brisbane, Australia (a 'Business Day'), or at any time on a non-Business Day, will be considered as having been received on the next Business Day. The unit price two Business Days after this date will then be applied
- You can withdraw a switch request any time before 3.00pm (AEST) on the Brisbane working day QSuper receives the request subject to the following criteria. After that time the switch request cannot be withdrawn and the switch will be applied to the account
- Accumulation accounts: To change a switch request for future contributions, a separate switch request needs to be submitted
- Income accounts: To change a payment preference that was not submitted with a switch to an investment mix, a separate switch request needs to be submitted
- If you have more than one Income account you need to complete an investment switch for each account
- Investment switches apply to all accumulation account/s or the specified Income account;
- Members are assumed to have read and understand the Investment Choice Guide before making a switch
- In making an Investment switch, you thereby declare that you have either received personal financial advice, or that you do not need financial advice
- Neither the capital invested nor the investment returns of QSuper are guaranteed by the QSuper Board, QSL, the State of Queensland, or any other party
- The QSuper Board has the discretion to suspend unit prices if it requires further validation of a unit price for any reason. If the QSuper Board uses this discretion, information will be available on the QSuper website.
We will only process switch applications and withdrawals that have been validly received and accepted by us. If for any reason your switch application has not been received and accepted by us, including as a result of any technical issues with Member Online or your own computer equipment, we will not process the switch application and, to the extent permitted by law, we disclaim any liability to you or any other person for not processing such an application. If you are unsure as to whether a switch application has been received and accepted by us, please contact us immediately by using one of the methods detailed on our contact us page.
2.2 Application for investment and performance of the funds
Investments in any of the investment options available on Member Online do not represent investments, deposits or other liabilities of QSuper. Neither QSuper, the fund manager managing assets within an investment option, service providers or subsidiaries of any of the parties mentioned, guarantee the repayment of capital or the performance of the relevant product or the return of capital or income. Your investment in any investment switch option is subject to investment risk. This could involve delays in repayment and loss of income or the principal invested.
2.3 Use of tax file number
Under the Superannuation Industry (Supervision) Act 1993, we are authorised to collect your tax file number, which will only be used for lawful purposes.
These purposes may change in the future as a result of legislative changes. The QSuper Board may disclose your TFN to another superannuation provider when your benefits are being transferred, unless you request in writing to QSuper that your TFN not be disclosed to any other superannuation provider.
It isn't compulsory for you to provide your TFN to QSuper, but if you don't provide it:
- QSuper may be required to deduct additional income tax from employer contributions (including salary sacrifice contributions)
- QSuper will be unable to accept any personal contributions to your QSuper account which in turn may mean you will miss out on any applicable Commonwealth Government contributions even if you're otherwise eligible to receive such contributions and
- it will be harder to keep track of your super.