Terms and conditions

Terms and Conditions

This website (GuildSuper website) has been prepared and is maintained by Guild Trustee Services Pty. Limited ABN 84 068 826 728 (GuildSuper), Trustee of Guild Retirement Fund ABN 22 599 554 834 under the domain name www.guildsuper.com.au.

Your access to the GuildSuper website and use of the information, graphics and materials on the website, is subject to these Terms and Conditions, notices, disclaimers and any other statements contained on the GuildSuper website (collectively referred to as "GuildSuper Terms and Conditions"). By using the GuildSuper website you agree to comply with and be subject to the GuildSuper Terms and Conditions.

In addition to these Terms and Conditions, specific terms and conditions may apply to other parts of the GuildSuper website. To the extent of any inconsistencies between these Terms and Conditions and any specific terms and conditions that apply to other parts of the GuildSuper website, those specific terms and conditions will prevail over these Terms and Conditions.

Access to the GuildSuper website

The information provided on the GuildSuper website is appropriate only to those persons living in Australia. The products and services offered on the website are only offered to those persons living in Australia.

Products and services and investment performance

Neither GuildSuper, nor any company in the Guild Group (Guild Group) or any corporation related to one or more companies in the Guild Group (Related Corporation) guarantees any particular product feature, return, rate of return, performance of any investment or the repayment of capital from any investment. Investments are subject to investment and other risks. These risks could involve delays in repayment and loss or diminution of income or capital invested.

Neither GuildSuper, Guild Group or any Related Corporation, accepts any liability in respect of, nor guarantees the performance of or payment of any claim or benefit in respect of, insurance or financial products that are arranged by it as an agent for a third party supplier or are underwritten by a third party.

Neither GuildSuper, Guild Group or any Related Corporation, accepts any liability in or responsibility for material, information, advice or products provided by other websites or other website providers which are linked to the GuildSuper website and accessed via the GuildSuper website.

Collection and use of information about visitors to the GuildSuper website

The GuildSuper website collects general information relating to the traffic on the GuildSuper website.

The GuildSuper website currently uses cookie technology to enhance your usage and the functionality of the website and to identify and remember information or benefits, features or services that may be of interest to you (based on your usage of the website). A cookie is a small text file that our website may place on your computer's hard drive in order to allow the website to identify your computer.

The use of cookies does not result in the collection of any information that enables you to be identified or the transfer of any of your personal information to a third party.

The cookie allows for recognition of such things as information you have entered, pages you have previously visited (or not visited) or features of the website you have used (or not used) to facilitate easy access to relevant information on the website. You can adjust the settings on your internet browser to manage, disable or block cookies. However, if you do this, you may not be able to access certain areas of the GuildSuper website.

No personal information is collected unless:

  1. you actively type your personal information into one of the online enquiry forms used for the purposes of providing you with further information about our products; and/or
  2. You provide personal information and consent to further marketing and information dissemination activities.

The collection, use and disclosure of your personal information will be in accordance with the GuildSuper Privacy and Security Policy available on this website. Your access to and use of the GuildSuper website evidences your consent to this Policy.

Warranties

GuildSuper has attempted and will attempt to ensure that material and information on the GuildSuper website is true and correct. However, GuildSuper does not warrant the accuracy, adequacy or completeness of material and information on the GuildSuper website. All material and information is subject to change without notice. GuildSuper does not guarantee that GuildSuper website nor any third party website accessed via the GuildSuper website is free from viruses or that access will be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

Third party offers

The GuildSuper website may contain links to other websites or references to other offers or promotions by third parties who are not part of the Guild Group of companies. Unless otherwise stated to the contrary, neither GuildSuper nor the Guild Group, sponsor, endorse or approve of the operators of these other websites or the material, information, advice, service or products, offers or promotions found on them. Subject to any applicable law which cannot be excluded, neither GuildSuper nor any Guild Group company make any warranties or representations:

  1. Regarding the quality, accuracy, merchantability or fitness for purpose of the materials, information, goods or services available from those websites or third persons; or
  2. That the information, advice, services or products, offers or promotions do not infringe the intellectual property rights of any person. Neither GuildSuper nor any Guild Group company authorise the reproduction of such materials, information, goods or services by linking to another website (either in whole or in part).

Obtaining materials, information, goods and services from those third parties and their websites is entirely at your own risk.

You indemnify GuildSuper and each member of the Guild Group of Companies against all loss, damage, liability, claims and expense (whether direct or indirect, consequential, financial or non-financial) arising from or relating to your obtaining information, goods or services from a third-party referred to or accessed via the GuildSuper website.

Disclaimer & limitation of liability

The GuildSuper website and the material and information on the website is of a general nature only and is not intended to constitute personal advice to you. Any advice contained in this website is general only and does not take into account your objectives, financial situation or needs. Accordingly, you should not act on the basis of any material or information contained on the website without first considering your objectives, financial situation and needs, and obtaining appropriate advice from either your GuildSuper advisers or your financial, legal or other professional adviser.

The material and information on the GuildSuper website should not be used or relied upon as a substitute for personal advice. Prior to acquiring a financial product, you should obtain the Product Disclosure Statement (PDS) and Target Market Determination (TMD) relating to the product and consider the PDS and TMD before making any decision about whether to acquire the product. For further information see forms and documents.

The information on the GuildSuper website is not a recommendation to purchase any insurance or financial products, investments or securities offered or provided by GuildSuper or any corporation related to one or more companies in the Guild Group or by any third party supplier referred to in or accessed via the GuildSuper website.

The operation and management of GuildSuper is governed by superannuation, taxation and related information and the Guild Retirement Fund Trust Deed. To the extent of any conflict between the information on the GuildSuper website and the Trust Deed, the Trust Deed will prevail.

To the maximum extent permissible by law, GuildSuper, its directors, employees, agents and contractors, and individual Guild Group companies and their directors, employees, agents and contractors are not, and will not, be liable in any way, for any loss, damage, liability, claims and expense (including legal costs and defence or settlement costs whatsoever, whether direct or indirect, consequential, financial or non-financial) suffered by you or arising out of or referable to the GuildSuper website, third-party websites, access to the GuildSuper website by you, or failure by GuildSuper (or by an individual Guild Group company) to provide this website, howsoever caused whether in contract, tort (including negligence), statute or otherwise.

The liability of GuildSuper and any individual Guild Group company for negligence, breach of contract or contravention of any law arising from any act or omission is limited, at the option of GuildSuper and to the maximum extent permissible by law, to resupplying the GuildSuper website or any part of it to you or to paying for the resupply of the GuildSuper website or any part of it to you.

Indemnity

You will indemnify GuildSuper and any individual Guild Group company in respect of any liability suffered by the GuildSuper or any individual Guild Group company for any loss, damage, liability, claim and expense (including legal costs and defence or settlement costs whatsoever, whether direct or indirect, consequential, financial or non-financial) howsoever caused, suffered by GuildSuper or any individual Guild Group company as a result of your breach of the GuildSuper Terms and Conditions or your use or access to the GuildSuper website (including use or access to third party websites from the GuildSuper website).

Applicable law

These Terms and Conditions and this agreement are governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute arising from the GuildSuper website.

The Terms and Conditions can be modified at any time by GuildSuper and you agree to continue to be bound by these Terms and Conditions as modified. Notice of these changes will be published on the GuildSuper website and will not be separately notified to you. By using the GuildSuper website you agree to be subject to the GuildSuper Terms and Conditions, as modified. It is recommended that you periodically check the GuildSuper website to review the current Terms and Conditions.

If the whole or any part of the Terms and Conditions is void, unenforceable, or illegal within a jurisdiction, it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of the severed provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

Website availability

You note and acknowledge that electronic services are subject to interruption or breakdown, and that accordingly the GuildSuper website is offered on an "as is" and "as available" basis only. GuildSuper may impose limits or restrictions on the use you may make of the GuildSuper website and materials and information on the website. GuildSuper may withdraw, restrict, alter or modify the GuildSuper website at any time without notice to you.

Reasonable use

You agree to use the website and its contents for your own personal use. You must not use this website in a manner that infringes the intellectual property rights of GuildSuper or for a purpose which is unlawful or inconsistent with these Terms and Conditions.

You agree to not reproduce, store, modify, adapt, reverse engineer, decompile or disassemble the website or any of its component parts without the prior written consent of GuildSuper.

You must not use this website in a manner that defames, harasses, unlawfully offends or harms any person. Your use of the website may be varied, suspended or cancelled at any time by GuildSuper without notice. You acknowledge and accept that GuildSuper will not be liable for any interruption, variation, suspension or cancellation of the website.

Copyright and trademarks

Copyright in the materials used on the GuildSuper Group website is owned by or licensed to the Guild Group. In particular, 'Guild' is a Trademark of The Pharmacy Guild of Australia, the use of which has been authorised to the Guild Group as its wholly-owned subsidiary. Trademarks of third parties used in, viewed at or accessed via the GuildSuper website are owned or controlled by those third parties.

Except where necessary for or incidental to viewing the information or as permitted under the Copyright Act 1968 (Clth) or other applicable laws or the GuildSuper Terms and Conditions, no material or information on the GuildSuper website may be reproduced, adapted, uploaded to a third party location, stored in an electronic or other retrieval system, linked to, framed, performed in public, distributed or transmitted in any form by any process whatsoever without the knowledge and express written consent of GuildSuper.

Linking to GuildSuper website

Use of the materials and information on the GuildSuper website without the knowledge and consent of GuildSuper is totally prohibited, as is linking (in whole or in part) the GuildSuper website to any other website. Please contact GuildSuper if you would like to link to any part of the GuildSuper website.

SUPERSUPER Terms & Conditions

1. Definitions

  1. "ACL" means the Australian Consumer Law (ACL) Schedule of the Competition and Consumer Act;
  2. “Business” means Retail Partners, Online Partners, retailers or businesses offering Services via the Program.
  3. "Consumer" is as defined by the ACL;
  4. "Fund" means Guild Retirement Fund ABN 22 599 554 834, which comprises GuildSuper and Child Care Super.
  5. "Guild" means Guild Trustee Services.
  6. "Cashback" means a Reward provided through the Online Shopping platform which is added to your superannuation account.
  7. "Voucher" means the eVoucher, Voucher, eCard, Gift Card or ticket provided by the Supplier via the Site or by mail on request from You.
  8. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
  9. "Member” means a member of the Fund who has been provided with access to use the Program.
  10. "Online Partner" means Guild's Retail Partners for the Online Shopping platform."Online Shopping" means that part of the SUPERSUPER platform on which You can navigate to the Online Partners tab, select an Online Partner, and then make a purchase on the Online Partner's website.
  11. "Payment" means all moneys paid for the supply of the Program and Services in Australian Dollars.
  12. "Program" or “SUPERSUPER” means the SUPERSUPER branded Loyalty, Rewards, Membership and Payment Software Platform (including the Online Shopping platform) delivering Services to You.
  13. “Retail Partner” means the Business or retailer offering Services to You.
  14. "Rewards" means rewards in the form of superannuation contributions to the Fund on Your behalf and includes Cashbacks;
  15. "Services" means the products, rewards and other benefits provided by the Supplier and any participating Business within the Program.
  16. "Site" means the Program website made available to You in accordance with these Site Terms.
  17. "Site Terms" means these Program Terms and Conditions.
  18. "Superannuation Law" means any requirement of the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation Guarantee (Administration) Act 1992 (Cth), any regulations and rules made pursuant to these Acts, any regulatory standards, any instrument, policy or interpretative document issued by a regulator (including any guidance notes and policy statements).
  19. Supplier means the provider of Services within the Program to You.
  20. “You” or “Your” means the Member.

2. Superannuation contributions

  1. Members aged over 75 will not be eligible to register for the Program.
  2. Registered Members aged 75 and over will not be able to access Rewards through the Program.
  3. Members aged between 65 and 74 are permitted to access Rewards through the Program, on the condition that they are eligible to make Non-Concessional Contributions to superannuation by meeting the “work test” as defined in Superannuation Law.
  4. Member are responsible for ensuring that they will not exceed their Non-Concessional Contribution Caps through contributions made by the Member or on the Member's behalf, including any Rewards through the Program. Members acknowledge that any Rewards which would exceed the Non-Concessional Contribution Caps may result in additional tax.
  5. Accumulated SUPERSUPER Rewards contributions will be transferred to the Fund monthly.
  6. Processing of SUPERSUPER Rewards contributions by Guild may take up to 10 business days after they are received from the Supplier. 1. In rare circumstances processing may exceed 10 days.
  7. The Member acknowledges responsibility for monitoring the flow and accuracy of Rewards contributions from Retail Partners and/or Online Partners to SUPERSUPER. Once Rewards contributions are received by the Fund, these contributions are governed by Superannuation Law.
  8. Once You register for the SUPERSUPER Program, Guild will share your membership details with the Supplier.
  9. If You leave the Fund, you will lose access to the Rewards available in the SUPERSUPER Program. Any Rewards contributions not paid to the Fund at the date of your exit from the Fund will be rolled over to the superannuation fund to which You have chosen to rollover your benefit. You can access Rewards by re-joining the Fund and the Program. If you have not supplied your Tax File Number (TFN), the Rewards contributions may be forfeited.
  10. By using the Site, You agree to the Fund's Privacy Policy. The Fund's Privacy Policy can be found on the Fund’s public website.
  11. Members must supply their Tax File Number (TFN) to Guild or Guild cannot accept Rewards contributions.
  12. If Rewards contributions cannot be accepted by Guild, these contributions may be returned to your My Cash account.
  13. Guild is permitted to view your transactional history with the Program.
  14. Any refunds for goods or services you have purchased through the Program are subject to these Terms & Conditions.
  15. By using the Program you agree to comply with and be subject to the Guild Terms and Conditions.

3. Site terms

  1. The Site is owned and operated by the Supplier.
  2. Through this Site:
    1. You can register as a Member;
    2. You can subscribe for access to the Program and
    3. You can access the Services, subject to being an eligible Member.
  3. These Site Terms apply to the use of the Program and the Site, including the use of the Services offered on this Site.
  4. Any party that is registered to use the Program, and uses the Program whether as a Member or Guild, hereby agrees to be bound by these Site Terms.
  5. If You do not accept these Site Terms, please discontinue using this Site immediately. If You use the Site, you will be deemed to have accepted these Site Terms in their entirety.
  6. These Site Terms must be read in conjunction with any other applicable policies, terms and conditions governing the use of this Site as advised from time to time.
  7. The Supplier reserves the right to amend these Site Terms at any time.
  8. Members’ access and use of this Program is permitted by Guild, and Guild acknowledges and agrees that it is and remains liable to the Supplier for any misuse of the Program by Guild (i.e. use of the Program outside the scope of these Program Terms and Conditions), and liable for any misconduct in using the Program by Guild (i.e. using the Program in a manner deemed to be fraudulent or unethical by the Supplier).
  9. Supplier may, at its discretion, suspend access to the Program due to any breach of the Site Terms.
  10. Supplier may, change or add to this Program, any information or offers including products and services contained herein at any time.
  11. While Supplier will use all commercially reasonable efforts to ensure that information on this Program is accurate and up to date, Supplier will not be liable to You and any other third party for any errors displayed within the Program.
  12. In the event that Guild’s supply of the Program is terminated, the Supplier may continue to provide access to Services to the Member with the exception of any benefits that would have applied exclusively to Guild’s branded Program.

4. Disclaimers and liabilities

  1. You are ultimately liable for any loss, damage, claim, fees, chargeback, demand and expense suffered or incurred by the Supplier as a result of a breach of the Program Terms and Conditions, and for any misuse, misconduct and fraudulent activity by You.
  2. Supplier will not be liable for any damage to or any viruses that may affect your computer because of your access to this Program.
  3. Supplier is not liable if interference with or damage to your computer systems occurs in connection with the use of this Program or linked websites.
  4. You may not use this Program to collect or harvest personal information including Internet addresses about Businesses participating in the Program.
  5. You may not purchase Services through this Program with the intention of on selling them or for generating profit for yourself, or for any other third party.
  6. Supplier will be under no liability whatsoever to Guild or its Members in respect of any loss or damage which may be suffered or incurred due to misuse, misconduct or fraudulent activity by Guild or Member.
  7. To the extent permitted by law, no warranty condition, description or representation by Supplier is given or implied or has been given or implied, and any statutory or other warranty condition, description or representation is hereby excluded.
  8. Supplier will not be liable for any loss resulting from Your failure to take reasonable steps to keep your Site account access details and password confidential and secure at all times. Such reasonable steps include not disclosing your access details and password to any other person (including a family member or friend) and not utilising the "Remember me" function of the Site on a shared public device.
  9. It is Your responsibility to check the expiry date of the voucher purchased. Expiry date is from date of issue, and date of issue will not always match date of purchase.

5. Warranties

  1. The Services on the Program are provided "as is". Supplier does not warrant that any Service provided or referenced by this Program is either merchantable or accurate or that such information or service will fulfil any of your purposes or needs.
  2. While Supplier uses commercially reasonable efforts to include accurate and up-to-date information on the Program, Supplier makes no warranties or representations as to its accuracy.
  3. Supplier may periodically add, change, remove or improve any of the information, products, Services, Programs and technology described in the Program at the Supplier’s discretion.
  4. Supplier assumes no liability or responsibility for any errors or omissions in the content of the Program.

6. Third Parties

  1. Neither the Fund nor the Supplier will be liable for any mistake, failure or negligent action on the part of any Business providing Services in the Program.
  2. Businesses providing Services in the Program reserve the right to change, modify or cancel any offers at their discretion.
  3. Under no circumstances will the Fund or the Supplier be liable for any incidental, special or consequential damages, loss of business, or loss of profits arising in relation to use of the Program, website materials or linked materials.
  4. In maintaining and operating this Program, the Fund and the Supplier rely upon information provided by third parties. Neither the Fund nor the Supplier can provide a guarantee against loss, liability, damage and expense if the Site Terms offered are not met.

7. Termination and suspension

  1. An agreement commences on the date that Site access is granted to You, and continues until terminated in accordance with its terms.
  2. Supplier may at its discretion, suspend or terminate access to the Program in the case of a breach of any Site Terms, without notice.

8. Electronic listings and advertisements

  1. Supplier does not accept responsibility for the accuracy, error or omission in any advertisements published within the Program, and disclaims all liability to Guild or Members for any loss or damage arising from such inaccuracy, error or omission.
  2. Each Business providing Services in the Program that lists the Services offered on this Site shall own the copyright of the listing or the advertisement.
  3. The linked websites on this Program are provided for convenience only and may not remain current or be maintained. Links to third party websites should not be construed as any endorsement, approval, recommendation, or preference by Supplier, of those third-party sites, and of any information, products or services referred to on those sites.

9. Trademarks

  1. Other products and company names mentioned in this Program may be the trademarks of other third parties, people or entities. Nothing in these Site Terms transfers any right title or interest in any trademarks to Guild.

10. Personal information

  1. When transacting with You, Supplier may ask You for Your name, email, mobile number, membership information, and any other relevant information required to accurately identify You.
  2. Supplier will handle all personal information provided by You in accordance with Supplier’s Privacy Policy.
  3. All parties are bound to comply with all relevant company and consumer privacy laws and regulations, including the National Privacy Principles and Information Privacy Principles made under the Privacy Act 1988 (Commonwealth).

11. Delivery

  1. Supplier cannot take responsibility for any Services, Gift Cards, Vouchers or Tickets that are misplaced, lost or stolen in transit. Mailed purchases will be sent by Australia Post’s Registered Post service (for a fee to the Member). Australia Post will be responsible for Services or purchases that are misplaced or lost when sent via this method.

12. Governance

  1. This Program shall be governed by and construed in accordance with the laws of the State of Victoria, and the parties irrevocably submit to the jurisdiction of any Court of that State.

13. Payments, refunds & chargebacks

  1. You agree to pay for Services within the Program in Australian Dollars.
  2. Payment can be made by credit/debit card and Direct Deposit, or other payment options made available to You by Supplier. Once payment has been cleared, the Supplier will distribute the Services you have purchased. You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and the Supplier. If the issuer of your credit card refuses to authorise payment for products within our Program, the Supplier will not be liable for any delay or non-delivery of Services.
  3. Expiration of any Services including but not limited to gift cards and vouchers may vary depending on the requirements of the participating Business and Service providers.
  4. All digital or physical vouchers sold via this Program are restricted by the terms and conditions of each individual Business, and should be found in the terms & conditions of the individual Business. All digital gift cards and vouchers are non-refundable, as they are to be treated as cash. Gift cards and vouchers are valid until the expiry date indicated and cannot be exchanged or replaced. Vouchers are sold for the personal use of Members only. Vouchers or gift cards are not to be re-sold and cannot be re-distributed.
  5. Supplier will only process card transactions that have been authorized by the applicable card issuer, and does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Supplier may add or remove one or more payment methods at any time.
  6. If a chargeback occurs, Guild will use commercially reasonable efforts to assist the Supplier and the Member to resolve the dispute.

14. Online shopping and cashbacks

  1. 1. The Online Shopping platform provided as part of the Program allows you to earn Cashbacks on purchases made with Guild's various Online Partners.
  2. Once you click ‘Shop now’, you will be transferred to the Online Partner's website for you to transact, at which point the Online Partner bears all responsibility for your transaction
  3. Complete Your purchase without opening other websites as this will affect tracking.
  4. Please ensure the browser You are using is set to accept cookies.
  5. Please disable any ad, pop-up, or tracking blocking software when making a purchase.
  6. Do not close your browser session when making a purchase with an Online Partner. If you close your browser then you will need to return to the SUPERSUPER platform to activate a new connection to receive your Rewards contribution to your super account.
  7. All Online Partners have their own terms & exclusions as well as Special Terms and Cashback Terms and Tips which You should read before making a purchase. Without limiting any Program Terms and Conditions, any Services purchased through the Online Shopping platform from any Online Partner are governed by and subject to that Online Partner's policies and terms & conditions. You agree that Guild is not an agent of any Online Partner and that all Online Partners operate independently of Guild. Accordingly, Guild does not assume any liability, obligation or responsibility for any offer or promotion (including the withdrawal or modification of any offer or promotion) of any Cashbacks by the Online Partners.
  8. Cashback is only payable on eligible purchases, and may exclude freight, delivery, taxes and GST.
  9. Subject to Online Partners' terms, Cashbacks may not be payable with the use of coupons, vouchers, discount codes or gift cards for payments.
  10. If the goods or services are cancelled, returned or refunded, Cashback will not be payable.
  11. Cashback value may vary from Online Partner to Online Partner. Cashback value is also subject to change and is based on the rate at the time of purchase.
  12. Cashback processing & allocation occurs after the end of the Online Partner’s returns period (which may be up to 120 days)., however please be aware that delays may occur due to public holidays or other unforeseen reasons.
  13. Cashback will be paid into Your superannuation account once the Online Partner sends the agreed Cashback to the Supplier.
  14. Successfully tracked transactions may take up to 7 business days to display within Your Activity section, where You can follow the status of Your Cashback.
  15. You are responsible for any chargebacks, as provided under the sections entitled "Disclaimers and Liabilities" and "Payment, Refunds & Chargebacks" of these Program Terms and Conditions.
  16. Guild has taken every care to ensure that information used to process SUPERSUPER Rewards to Members is accurate. Please note however, third parties are involved in facilitating data feeds from the Online Partner to the Supplier. Third party data feeds are not controlled by Guild and Guild assumes no liability or responsibility for any errors or omissions in these data feeds. Guild will assist where possible in Cashback queries between You and the Supplier, but ultimately You are responsible for resolving the query with the Online Partner.

15. Contact

  1. For any notice to be given in writing, or to get in touch with us, please email support@ewallet.com.au

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