Terms Of Service
A. The TOMORROW Super website and TOMORROW Investor App as applicable (“this website”) is owned by TOMORROW Financial Services Pty Limited ABN 94 618 000 196 (TFS), AFS Licence Number 514522 trading as TOMORROW Superannuation (“TOMORROW Super” “TOMORROW” “we” “us”). It is operated by TOMORROW Financial Services Pty Limited. Your access to this website is subject to these terms and conditions, notices, disclaimers and any other terms and conditions or other statements contained on this website (referred to collectively as “Terms and Conditions”). By using this website, you agree to be subject to the Terms and Conditions.
For additional conditions that apply to the TOMORROW Investor App see Part B below – Specific TOMORROW Investor Online (TIO, TOMORROW App) Terms and Conditions.
A.1 Disclaimer and limitation of liability
To the maximum extent permitted by law, TOMORROW Super (or any related entities) will not be liable in any way for any loss or damage suffered by you through use or access to this website, or TOMORROW Super (or any related entities) failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.
A.2 Access for persons from within Australia only
This website is for only for the use of persons accessing the website from within Australia. The products and services described in this website are only available to persons accessing the website from within Australia.
A.3 No investment or personal advice provided to you
Unless otherwise expressly stated to the contrary, the information on this website:
– is not designed for the purpose of providing personal financial or investment advice. Information provided does not take into account your particular investment objectives, financial situation or investment needs;
– is not a recommendation to invest in any investments, securities or financial products offered by TOMORROW Super (or any related entities).
You should assess whether the information on this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information on this website. You can either make this assessment yourself or seek the assistance of any adviser.
Any information or advice contained on this website is general in nature and has been prepared without taking into account your objectives, financial situation or needs. Before acting on any information or advice on this website, you should consider the appropriateness of it (and any relevant product) having regard to your circumstances and, if a current offer document is available, read the offer document before acquiring products named on this website. You should also seek independent financial, legal and taxation advice prior to acquiring any security or other financial product.
A.4 Information
TOMORROW Super (or any related entities) makes no representation or warranty as to the accuracy, completeness, timeliness or reliability of the contents of this website, and other than as required under consumer protection law, TOMORROW Super accepts no responsibility for errors or misstatements, negligent or otherwise and under no circumstances will TOMORROW Super be liable for any loss or damage whatsoever caused by a user’s reliance on information obtained from this website, including from use of tools and calculators.
TOMORROW Super accepts no obligation to correct or update the information or opinions on this website. The information on this website may be based on assumptions or market conditions and may change without notice.
A.5 No Guarantees for Products and Services, Investment performance
All securities and financial products involve risks. Past performance of any product described on this site is not a reliable indication of future performance. This website may contain forward-looking statements, forecasts, estimates and projections. TOMORROW Super (or it’s related entities) does not represent or warrant that such forward statements will be achieved or will prove to be correct. Actual future results and operations could vary materially from them.
Unless otherwise stated to the contrary, TOMORROW Super (or any related entities) do not guarantee any particular rate or return, the performance of any investment or the repayment of capital from any investment. Investment is subject to investment and other risks. Possible risks could include delays in repayment and loss of income or capital invested.
A.6 No endorsement by other parties named, and Consent to be named
TOMORROW Super is the Promoter of the website and arranges to issue a range of financial services. These include superannuation interests, administration of investments, investment management and client services.
Third parties named in the website have also consented to being named in the form and context in which their name is included and have not withdrawn their consent.
A.7 Third party offers and links to other websites
This website may contain:
– references to other special offers or promotions by persons who are not part TOMORROW Super; and
– links to other websites or pages that are not operated by TOMORROW Super.
Such links are provided for convenience and information purposes only.
TOMORROW Super has not verified, and is not responsible for, the content of any other websites or pages linked to or linking to this site. TOMORROW Super does not endorse, approve or recommend the operators of those websites or the content of those websites.
– Subject to any applicable law which cannot be excluded, TOMORROW Super makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify TOMORROW Super against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.
– If you provide a link to this website on another website (Site), you must ensure that this Site does not contain any material that is offensive or distasteful, contravenes any law, disparages or adversely affects the brand or reputation of TOMORROW Super (or any related entities) or the goods and services offered by of TOMORROW Super (or any related entities), or makes any representations about of TOMORROW Super (or any related entities) or its goods or services, including any representations of any endorsement, sponsorship, affiliation or approval of you or the Site by TOMORROW Super or passes off TOMORROW Super ‘s documents or information as your own.
Following links to any other websites or pages or linking this website to another Site is entirely at your own risk and TOMORROW Super (or any related entities) shall not be responsible or liable for any losses, damages or expenses arising in connection with such linking.
A.8 Software applications accessible from this site
Some of the software programs that may be downloaded via links from this site are products belonging to third parties. You use such third party software at your own risk. Such software is likely to be subject to licensing terms imposed by the owner of the software.
To the full extent permitted by law, TOMORROW Super (or any related entities) excludes all liability in relation to using or downloading any software (third party or otherwise) that may be accessed from this site. TOMORROW Super (or any related entities) makes no representations and provides no warranties in relation to such software. In particular, to the full extent permitted by law, TOMORROW Super excludes all liability for any damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses or any other consequence of using or downloading any software (third party or otherwise) accessible via this site.
A.9 Subscribing to information & direct marketing
If you have provided your email address or personal details to TOMORROW Super including (but not limited to) related links provided by our website, surveys, or other means, we may send you direct marketing communications and information about our products and services. These communications may be sent in the form of mail and social network messaging. You consent to us sending you those direct marketing communications by any of those methods. At any time, you may opt-out of receiving marketing communications from us by contacting us (see contact details below) or by using the opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from the relevant mailing list.
A.10 Privacy
We are committed to providing the highest quality of financial services within a trusted environment. Please read the TOMORROW Super Privacy Policy to understand how your personal information will be treated by TOMORROW Super.
A.11 Copyright
Except where necessary for viewing documents or information on the TOMORROW Super website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no documents or information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form by any process and you may not create derivative works from any part of this website or commercialise any information obtained from any part of this website without the specific written consent of TOMORROW Super or, in the case of any third party material, from the owner of the copyright in that material.
A.12 General conditions
These Terms and Conditions are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
These Terms and Condition can be modified at any time by TOMORROW Super and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website – we will not separately notify you of these changes.
If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in 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 that 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.