The Online Super Fund website at https://www.onlinesuperfund.com.au (‘Website’) is owned and operated by Online Super Fund Pty Ltd (ACN: 154 338 860) (‘Online Super Fund’, ‘we’, ‘us‘, ‘our’).
By accessing, viewing or otherwise using this Website, you acknowledge and agree to be bound by these terms and conditions, whether for yourself or on behalf of someone else (including a minor as determined by the jurisdiction in which you reside). The term ‘you’ or ‘your’ refers to the user or viewer of the Website.
These terms apply to the use of this Website, including the use of the information and services provided through this Website.
General Information Warning
The information on this Website is of a general nature, and is intended to provide a summary and general overview only and is subject to change without notice. It has been prepared without taking into consideration your individual circumstances, objectives, financial situations or needs and is not intended to influence you in making a decision in relation to a financial product (such as a SMSF).
Online Super Fund is an accounting firm. Online Super Fund does not provide financial advice and the content on this Website is not intended to constitute advice or a substitute for advice (financial, tax structuring, legal or otherwise). You should seek professional advice from a financial adviser before making any decision based on any information referred to on this website.
You should carefully consider the appropriateness of the information on this Website, having regard to your own personal circumstances, objectives, financial situation or needs, before acting on any information contained on this Website.
Use of this Website
The information on this Website is provided on an “as is” basis. Online Super Fund does not provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
We will not be liable to you or any third party by reason of our withdrawing any product or service offering from this Website, or removing or editing any materials or content on the Website.
Third Party Materials
From time to time, this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We take no responsibility for the content of the linked Website(s). By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
Intellectual Property Rights
Copyright and other intellectual property rights in the content of this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by Online Super Fund (except for some links to third party materials).
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are not authorised to copy, modify, transmit or distribute any material from this Website and you acknowledge that you do not acquire any ownership rights by downloading material from this Website.
We explicitly prohibit use of the material on this Website in any manner other than as expressly allowed by us in these terms.
We will not disclose any information relating to your affairs to any third party without your consent, unless required by law. You may provide us with permission to disclose your confidential information in certain circumstances, or place conditions on the disclosure of certain confidential information. If you do so, we will have permission to disclose the relevant information accordingly, in the performance of our services, unless you instruct us otherwise in writing.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Online Super Fund will only be in connection with the provision of agreed services and products.
Changes to Terms and Conditions
Online Super Fund reserves the right to change these terms and conditions from time to time as it sees fit with or without notice to you. The amended terms and conditions will be effective immediately upon them being published by Online Super Fund on this Website and your continued use of the Website will signify your acceptance of any changes to these terms. You are therefore advised to re-read these terms and conditions on a regular basis. These terms and conditions were last amended on 13 July 2020.
Restrictions of Use
You must not use this Website in any manner or for any purpose which is unlawful in the Commonwealth of Australia or in any jurisdiction from which you access this Website, is in violation of any rights of Online Super Fund or any third party, or is prohibited by these terms and conditions.
This Website is governed by and is to be construed in accordance with the laws applicable in force in Western Australia. By accepting these terms and conditions, you agree to the exclusive jurisdiction of the courts exercising jurisdiction in Western Australia in relation to any matter arising under this Website or in connection with the services provided by us.
If any of these terms and conditions are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of Online Super Fund to enforce any of the provisions set out in these terms and conditions, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any part thereof, or the right thereafter to enforce each and every provision.
Indirect and Consequential Loss
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms of engagement
You may apply to engage Online Super Fund to provide any of the services stated to be available from time to time through this Website for the prices specified as applicable from time to time on this Website.
Online Super Fund may at its discretion accept or reject your application. We will not be liable to you or any third party by reason of our refusing to process an application or unwinding or suspending any application after processing has begun.
Online Super Fund reserves the right to cancel an engagement at any time.
To the extent permitted by law, our liability for all claims, directly or indirectly in connection with the supply of goods or services through this Website, is limited to the cost of re-supplying the goods or services on the matter.
Cancellation of Engagement
If you no longer wish to proceed with your application, you must notify us in writing of your intention to cancel your engagement with us.
Online Super Fund has a 7 day cooling off period. If you cancel your engagement in writing with us within 7 days of your initial application, and you return any documents we provided to you, you will not incur any costs.
If you cancel your application after 7 days, or fail to return any documents we provided to you, you will be required to pay our standard establishment fee of $330, as well as any other fees for interim work done for the SMSF up to the date of your cancellation.
The scope of our engagement will include:
- the provision of documents and services to establish the SMSF as a complying SMSF regulated by the Australian Taxation Office (ATO) (including the trust deed to establish the SMSF, application for an ABN and TFN, election for the SMSF to be regulated by the ATO, trustee declarations, member applications, minutes of the trustee and a PDS to be provided to new members);
- incorporation of a corporate trustee, if required; and
- preparation of annual financial statements for the SMSF, arranging for the annual financial statements to be audited and preparation and lodgement of an income tax return for the SMSF for each financial year ending 30 June (or such other period agreed between the parties);
Our Scope does not include any advice (financial, tax structuring, legal or otherwise) and is limited to the administration of the SMSF. We will not be responsible for advising on the investments made by the SMSF, monitoring the level of contributions made into the SMSF or advising you on the tax effectiveness of your proposed strategies relating to the SMSF. We recommend that you seek professional financial, taxation, legal or other advice if you require specific or tailored advice relating to the management of the SMSF.