Hostplus Adviser Online (“Adviser Online”) is an online portal providing registered financial advisers (Advisers) with the ability to view information relating to members of Hostplus (Members) who are also clients of the Adviser.

By accessing Adviser Online, an Adviser acknowledges and agrees that:

In these terms and conditions:

1.1. Authorised Representative has the meaning given to it in part 7.6 of the Corporations Act 2001 (Cth).

1.2. Hostplus means Host-Plus Pty Limited ABN 79 008 634 704 as trustee for the Hostplus Superannuation Fund 68 657 495 890.

1.3. Member Authorisation means, with respect to a Member and an Adviser, authorisation from the Member (in a form satisfactory to Hostplus) to release the Member’s Superannuation Information to the Adviser.

1.4. Relevant Law means any law applicable to the Adviser or Hostplus, or the authority under which the Adviser acts or purports to act.

1.5. Support Staff Member means an employee of the Adviser or their business who is not an Authorised Representative.

1.6. Superannuation Information means information with respect to a Member’s account with Hostplus. 

2.1. Adviser Online is provided on a read-only basis and can only be accessed by an Adviser who completes the Adviser registration process (“Registered Adviser”).

2.2. The Registered Adviser will receive an Adviser Online login and be required to establish a password in order to access Adviser Online.

2.3. Hostplus will not allow access to a Member’s Superannuation Information unless and until it has accepted a valid Member Authorisation with respect to that Member.

2.4. The Adviser must: 

2.4.1. only access a Member’s Superannuation Information that the Adviser is properly authorised to access;

2.4.2. only access Adviser Online for lawful purposes;

2.4.3. Subject to Clause 2.5

2.4.3.1. not by other action or omission allow any other person to access Member Superannuation Information;

2.4.3.2. keep their Adviser Online login and password secure and not disclose them to anyone; and

2.4.3.3. immediately change their password and notify Hostplus as soon as practicable if they reasonably suspect their Adviser Online login has been accessed by an unauthorised person. 

2.5. The Adviser may allow a Support Staff Member to access a Member’s Superannuation Information via Adviser Online provided that the conditions specified are met and the Support Staff Member has:

2.5.1. been provided with a copy of these Terms & Conditions; and

2.5.2. agreed to comply with these Terms and Conditions as if they were a party to these Terms & Conditions

2.6. The Adviser acknowledges and agrees that:

2.6.1. a Support Staff Member who accesses a Member’s Superannuation Information does so as an agent of the Adviser; and

2.6.2. the Adviser is responsible and liable to Hostplus, for the acts or omissions of the Support Staff Member. 

2.7. The Adviser must immediately notify Hostplus if a Member who has provided a Member Authorisation asks that it be revoked. 

3.1. Adviser Online may not operate on a continuous basis, and may be unavailable from time to time, including for maintenance purposes.

3.2. Hostplus reserves the right to revise the content appearing on Adviser Online, the Adviser Online functionality, or withdraw access to Adviser Online and/or this website at any time without prior notice to the Adviser.

3.3. Adviser Online may rely on data feeds from external sources and at times there may be delays in these data feeds, and transactions and account values may not be current.

3.4. To the extent permitted by law, Hostplus makes no representation for the accuracy, reliability or completeness of the information contained in the Adviser Online portal.

4.1. Hostplus is not liable to the Adviser:

4.1.1. in respect of any loss suffered as a result of use or reliance on the information available via Adviser Online.

4.2. The Adviser indemnifies Hostplus against, and must pay on demand, any loss or damage or cost incurred by or in connection with any breach of these terms and conditions by the Adviser.

5.1. The Adviser must, as soon as reasonably practicable, and in any event within 24 hours of becoming aware that there has been any unauthorised access to, unauthorised disclosure of, or loss of, personal information disclosed by the Licensee and/or Adviser (Eligible Data Breach), or that there are reasonable grounds to suspect or believe that there may have been, or has been, an Eligible Data Breach: 

5.1.1. notify Hostplus of the known, suspected or believed Eligible Data Breach; and 

5.1.2. provide all details of the Eligible Data Breach to Hostplus to enable it to consider the nature and extent of the Eligible Data Breach. 

5.2. Before notifying third parties of the Eligible Data Breach, the Adviser must provide Hostplus with a copy of the proposed notice.

6.1. The Adviser must notify Hostplus in writing as soon as practicable after becoming aware: 

6.1.1. that it has breached a Relevant Law; or

6.1.2. of any other event or circumstance arising from the Adviser’s conduct which is likely to cause the Adviser or Hostplus to breach a Relevant Law. 

6.2. The notice referred to in clause 6.1 must include what steps have been, or will be, taken to rectify or avoid the breach.

7.1. Hostplus may by notice to the Adviser, vary these terms and conditions from time to time (whether as a result of a change in Relevant Laws or for any other reason)

7.2. The Adviser acknowledges and agrees that a notice referred to in clause 7.1 will be deemed to have been given if it is published on the Hostplus website. 

7.3. An Adviser or Licensee can de-register from Adviser Online at any time for any reason. 

7.4. Hostplus will cease to allow access to a Member’s Superannuation Information via Adviser Online if an Adviser ceases to be an Authorised Representative or the Member revokes their Member Authorisation. 

7.5. Termination will be without prejudice to the accrued rights or remedies of any party or claims against the other. 

7.6. Upon termination, the parties will cooperate with each other to enable all obligations applying on termination to proceed in an orderly and timely manner. 

8.1. The Adviser may only use Confidential Information disclosed or revealed by Hostplus for the purposes of performing its obligations or exercising its rights and must keep the Confidential Information confidential and take steps to preserve its confidentiality. Confidential Information means any information of whatever kind disclosed or revealed by the Disclosing Party to the Receiving Party under or in relation to this agreement that: 

8.1.1. is by its nature confidential; 

8.1.2. is designated by Hostplus as confidential; or 

8.1.3. the Adviser knows or reasonably ought to know is confidential, but does not include information that: 

8.1.3.1. is published or has otherwise entered the public domain without a breach of these terms and conditions; 

8.1.3.2. is obtained from a third party who has no obligation of confidentiality to Hostplus; or 

8.1.3.3. is independently developed or obtained without breach of this agreement. 

8.2. The Adviser may disclose the Confidential Information of Hostplus: 

8.2.1. to those employees, agents, contractors or advisers of the Adviser reasonably requiring it on a need to know basis, provided that the Adviser ensures that those employees, agents or contractors keep such Confidential Information confidential; 

8.2.2. to the extent required by law; or 

8.2.3. with the prior written consent of Hostplus. 

8.3. The Adviser acknowledges that all information, material and technology disclosed or provided in any form by Hostplus or a Member is confidential information for the purposes of clause 8.1. 

8.4. Each party must comply with the Privacy Act 1988 (Cth) in the collection, use, storage and handling of any Personal Information obtained from the other party. 

8.5. This Clause 8 survives the termination of these arrangements.