This website is maintained by or on behalf of H.E.S.T. Australia Limited ABN 66 006 818 695 AFSL No. 235249, Trustee of Health Employees Superannuation Trust Australia ABN 64 971 749 321 (collectively, 'HESTA').
These terms and conditions of use apply to HESTA's main website, Employer Online and Member Online (Websites). These Websites may be accessed by clicking on the following links:
HESTA website - http://www.hesta.com.au
The main website is made available to provide general information about HESTA's products and services. You can find out more about HESTA on this website including information about the fund, our latest news, contact details and other disclosures we make.
Employer Online - https://www.hesta.com.au/eol
Employer Online is made available to help employers manage their super obligations. Where you are accessing the Employer Online website on behalf of your employer, you warrant that you are authorised to do so and to agree to these terms and conditions on its, his or her behalf.
Member Online - https://www.hesta.com.au/mol
Member Online is a service for members provided to assist in the management of their superannuation account at no charge. Member Online is provided and operated by our administrator Australian Administration Services Pty Ltd. Member Online provides you with the capability to manage your superannuation through logging into your account.
Terms and conditions of use
Information available on our Websites may contain HESTA's interpretation of the law and should not be relied upon as advice. It is of a general nature and does not take into account your objectives, financial situation or specific needs so you should look at your own financial position and requirements before making a decision. You may wish to consult an adviser when doing this. Please note that investments can go up and down. Past performance is not a reliable indicator of future performance. The returns shown are net of indirect costs and taxes. Product ratings are only one factor to be considered when making a decision. See hesta.com.au/ratings for more information. Consider a HESTA Product Disclosure Statement or the HESTA Income Stream Product Disclosure Statement before making a decision about HESTA products - for copies call 1800 813 327 and consider any relevant risks, for more information visit hesta.com.au/understandingrisk.
HESTA reserves its right to modify or update these terms and conditions of use from time to time. As such, we recommend that you review these terms regularly to ensure that you are aware of any changes made.
You acknowledge that your use of the Websites may be interrupted, varied, suspended or cancelled at any time without notice, but where practicable, we will give you reasonable notice.
Sole responsibility for the content of data transmitted
You are entirely responsible for any and all activities that occur via the Internet relating to your access to the Websites and use of the Member Online and Employer Online services where applicable. We exercise no direct supervision of data content transmitted via the Websites. The responsibility for user access and subsequent transmissions and all possible consequences lie with either you or the sender of the transmission. We are not responsible for any errors in content submitted by you to or submitted by a third party, either authorised or unauthorised to the Websites, nor are we responsible for any errors that could or may be contained in any of the information provided within the Websites. The Member Online and Employer Online websites will automatically issue a receipt number when data has been successfully transmitted. This reference number is your record of a successful transmission.
We are committed to providing reasonable controls to protect the Websites against foreseeable hazards such as (but not limited to) unauthorised access, software contamination, computer hacking, destruction, misuse, modifications, and improper disclosure. However, no computer system or information can ever be fully protected and you agree to accept the risk of transmitting information via the Websites. By using the Websites you acknowledge that we are not liable in these circumstances.
For our Member Online and Employer Online services we will issue to you a confidential user I.D. and password when you register for these services, that will permit you to access and use the respective services.
Your user I.D. and password must be kept secure at all times, and must not be disclosed to any other party. If someone else is able to use your user I.D. and password to access Member Online or Employer Online, then any action or request made by the user will be taken to be authorised by you. You will be responsible for all consequences arising out of any authorised or unauthorised use of your user I.D. and password.
You must not attempt to access any superannuation account details or other information that does not relate to you. You must notify us immediately if you believe there has been any unauthorised use of your user I.D. or password, and must immediately change your password if so requested by us.
If you would like your access to the services suspended or cancelled at any time, please notify us in writing.
Any information transmitted by you using the services will be assumed to be reliable, accurate, complete and up-to-date.
Warranties and limitation of liability
Whilst HESTA makes all reasonable efforts to maintain updated and accurate information on the Websites, HESTA gives no warranties as to the adequacy or accuracy of the information provided. You expressly acknowledge that at times the Websites may not reflect the most recent changes to your account.
We expressly disclaim all warranties of any kind to the extent permitted by law, whether express or implied, including, but not limited to, the implied warranties of acceptable quality, fitness for a particular purpose and non-infringement. To the extent permitted by law we are not liable to you for any cost, loss or liability arising from our supply or failure to supply or delay in supplying the Member Online or Employer Online services, including but not limited to content, loss of data, loss of savings or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of statutory duty or otherwise which is in anyway connected with or arises out of your use of the Member Online or Employer Online services.
Except as required by law, no representations or warranties (express or implied) are made that the Websites are fault-free or as to the continuity, accessibility, reliability or efficiency of the Websites prior to, during or after your acceptance of these terms and conditions of use, or the suitability of the Websites for your needs.
To the extent permitted by law, HESTA excludes liability for any loss or damage suffered by the receiver of information on the Websites or resulting from accessing, browsing and/or using the Websites or their content, including liability related to exposure to any viruses which may infect a user's computer.
This section applies in respect of your use and access of our Employer Online website only.
Indemnity applicable to your use of the Employer Online website.
You acknowledge that we and our administrator and their respective directors, officers, employees and agents (Indemnified Parties) will not be held liable for and you agree to fully indemnify them and hold them harmless for any loss, cost, expense or damage of any kind (including but not limited to reasonable legal costs and consequential loss and whether or not arising from your failure to meet your superannuation guarantee or award obligations), you, the Indemnified Parties or any other person or entity incur or suffer, arising directly or indirectly out of, in connection with or in consequence of, your use of (or inability to use) the Employer Online website, and any unauthorised access or use, computer hacking, software contamination, interruption, variation, suspension or cancellation of the Employer Online website which is directly or indirectly related to your use of the Employer Online website.
Indemnity applicable to your payment of contributions
You acknowledge that from time to time there may be certain issues, outside the control of the Indemnified Parties, which affect the processing of contributions via the EFT system. You therefore agree that you will not make any claim against any of the Indemnified Parties or a financial institution offering banking facilities to the Indemnified Parties (Bank) for loss suffered as a result of difficulties with or limitations of the banking system as it affects the provision of the Employer Online service or the payment of contributions.
You further agree to indemnify and hold harmless the Indemnified Parties against any loss, cost, expense or damage of any kind, whether or not actually incurred by the Indemnified Parties (Loss) arising directly or indirectly from your use of any one or more of the superannuation contribution payment methods available to you.
Without limiting the generality of the above, you agree to indemnify and hold harmless the Indemnified Parties for any Loss incurred or to be incurred by them or any one or more of them and arising out of:
a. the Bank returning or refusing an EFT transaction;
b. your use, attempted use or misuse of a superannuation contribution payment method made available to you by the Indemnified Parties;
c. your use of non-encoded deposit forms to make a superannuation contribution payment;
d. making a superannuation contribution payment in the form of currency;
e. the inability of the Bank to control response times of other banks with regard to special answer;
f. any reasonable delay (including without limitation any delay caused by circumstances beyond the control of the Bank) in relation to the collection and processing of superannuation contribution payments made by you;
g. the Bank not having the protection of section 100 of the Cheques Act 1986;
h. the Bank collecting any cheque or other instrument from you or your financial institution where:
i. the cheque or instrument is or has been or is alleged to be or have been irregular, forged, stolen, altered in an unauthorised way; or
ii. the Bank may otherwise be liable in conversion or otherwise to the drawer or purported drawer, payee, holder or previous holder of the cheque or instrument or receiving value on account of any contribution credited to our account where there is or has been or is alleged to be or have been any irregularity, fraud or lack of authority in respect of the instruction on which the superannuation contribution payment was initiated;
i. a circumstance beyond the control of the Indemnified Parties which causes a breakdown in communication between the Indemnified Parties and the Bank in relation to the processing of superannuation contribution payments made by you; and
j. the Bank being able to make claim against the Indemnified Parties in relation to your acts or omissions.
This section does not affect any legal or contractual claim you may have against your own financial institution.
The terms and conditions that apply to Third Party Websites may be different from those set out here and they will govern the use of information you obtain from those Third Party Websites. We are not liable for any loss, cost, expense or damage (including consequential loss or damage) suffered by you or any other entity as a result of your use of such links and any information accessed from those links.
Third party services
Third-party services are provided by parties other than HESTA and terms and conditions apply. HESTA does not recommend, endorse or accept any responsibility for the products and services offered by third parties or any liability for any loss or damage incurred as a result of services provided by third parties. You should exercise your own judgement about the products and services being offered. HESTA does not receive any benefit or commission as a result of you using such third party products and services. HESTA has shares in Industry Super Holdings Pty Ltd, which owns Industry Fund Services. HESTA undertakes that it will not deal with these organisations more favourably than it would deal with any other independent service providers.
Copyright and intellectual property
Unless otherwise specified, all copyright and intellectual property rights in the Websites and content of the Websites are the property of HESTA. You may use the information on our Websites for your own use consistent with the nature of the services being provided, including those available on our Member Online and Employer Online websites. However you must not copy, reproduce, distribute, publish, sell or modify the information in any way without our prior written consent.
Currency & Jurisdiction
The content of the Websites have been prepared for residents of Australia and as a result all currency references are shown in Australian dollars unless otherwise specified.
HESTA does not accept any liability arising from your accessing the Websites outside Australia.
The Websites and these terms and conditions of use are governed by, and are to be interpreted in accordance with, the laws of Victoria, Australia.
You may not use the information on our Websites or any of our products or services for any purpose that violates local, State, Commonwealth or international laws or regulations. HESTA maintains its right to deny anyone access to the Websites, at its discretion.
We may terminate your access to the Websites and/or notify the authorities
If we believe that your use of the Websites, Member Online or Employer Online services may break the law or that you have not complied with these terms and conditions of use or that users other than yourself have accessed your account we may warn you by e-mail, suspend your access to the Websites, Member Online or Employer Online services with or without notice, or notify and provide relevant information to the authorities, as appears appropriate in the circumstance.
Last updated 10 December 2015.