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PART 1 The Services
FindMySuper Pty Limited ("FindMySuper"),
provides these services ("Services") to you subject
to these terms and conditions. In these terms and conditions,
"you" and "your" means the person contracting
with FindMySuper.
To access this Service, you must read, understand and consent
to these terms and conditions. Having done so, you may download
& print the authority form ("Authority"), presented
during the online search application process, ]or via a link
in an email sent to all users. Once you have completed the
Authority, fax it back to FindMySuper, using the number provided
on the Authority. If you require information to be located
under another name by which you were previously known, you
must also provide proof of such change of name eg marriage
certificate or Deed Poll. FindMySuper will provide the Services
to you only after it has received your Authority, and will
not process an Authority that is not accompanied by relevant
identification. You must keep the original signed Authority
and provide same to FindMySuper on request.
Upon receipt of the above documents, FindMySuper will forward
your Authority to various organisations which may have information
regarding your superannuation contributions, including, without
limitation, the Australian Taxation Office ("ATO"),
life offices and superannuation funds.
If the organisations to which your details have been provided
have information about your superannuation funds, FindMySuper
will request that information be provided to FindMySuper.
If that organ
isation requires further authority from you,
you agree to supply that authority to FindMySuper as requested
by FindMySuper. On receipt of the information from a relevant
organisation, FindMySuper will collate this information and
will e-mail the results to you at your nominated e-mail address.
If the above organisations do not locate any information about
your superannuation funds, FindMySuper will advise you accordingly.
PART 2 Additional Terms and Conditions
FindMySuper does not guarantee that it will obtain
any results from its enquiries. As FindMySuper will be relying
on information supplied by third parties, it does not provide
any warranty as to the accuracy of this information, nor does
it warrant that the information will be error free. Without
limitation, you acknowledge that information held by the ATO
is updated at approximately 6 months interval and, as a result,
FindMySuper’s enquiries with the ATO may not reveal
information which is current.
You use the Services and any information produced as a result
of the Services at your own risk. To the extent permitted
by law, FindMySuper is not liable for any direct, consequential
or indirect loss which you may suffer as a result of relying
on the information provided by FindMySuper (including arising
from negligence). To the extent that any financial information
is provided on this website, it is provided as general information
only, and you must obtain your own financial advice in relation
to it.
To the extent permitted by law, FindMySuper excludes all liability
to you, or any other person claiming through you, however
arising (including negligence) for any cost, loss, liability
or damage arising out of FindMySuper’s performance or
failure to perform or delay in performing its obligations
under these terms and conditions and the Service description
including, but not limited to, liability for any economic,
indirect or consequential loss, including, but not limited
to, any loss of profits or loss of business.
To the extent that FindMySuper does have some liability to
you at law which cannot be excluded, the total liability of
FindMySuper to you or any person claiming through you for
any cost, loss, liability or damage arising in relation to
the Service due to FindMySuper’s performance of, or
failure to perform, its obligations under these terms and
conditions and including as a result of any act or omission
of FindMySuper, whether in contract, tort, statute or otherwise,
is limited (to the extent permitted by law) at FindMySuper’s
option to supplying the services again or paying the cost
of doing so.
As FindMySuper is relying on third parties over whom it has
no control, FindMySuper does not guarantee any minimum time
period for a response to its enquiries.
While FindMySuper will take every reasonable precaution to
protect your personal information, it does not guarantee that
such information will not be disclosed to unauthorised persons.
As your personal information will be forwarded to third parties,
Fi
ndMySuper makes no warranties in relation to use of your
personal information by those third parties. FindMySuper will
use its best efforts to ensure your personal information is
used only for those purposes to which you have expressly or
impliedly authorised, but makes no warranty in this regard.
You submit your personal information at your own risk and
indemnify FindMySuper against any claims made in relation
to or arising out of any misuse of personal information (other
than as a result of fraud, deceit or negligence).
You acknowledge that FindMySuper’s enquiries will be
based on the information you provide. FindMySuper is not responsible
for the result of its enquiries if the information you provided
is not correct in any particular. You warrant that any information
provided to FindMySuper is correct and that you have the authority
to submit such information. You indemnify FindMySuper against
any actions arising out of or in relation to the information
provided by you.
These terms and conditions are subject to the laws of New
South Wales.
The Services are provided only to Australian citizens or permanent
residents in relation to their activities in Australia.
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