Review Our Terms & Conditions

Terms and conditions for investing in the Choiceplus investment option

The Choiceplus online investment platform (‘the site’) is an internet-based facility provided by Hostplus, and made available to Hostplus members who meet the eligibility requirements as outlined in the Hostplus Choiceplus guide.

These terms and conditions relate to use of the site. The site includes information transmitted electronically and any associated information provided by Hostplus.

Your access to the site is subject to these terms and conditions, the Hostplus Privacy Policy, disclaimers and any additional terms and conditions or statements contained on the site (referred to collectively as the terms and conditions). By accessing, viewing, using any of the online functionality or otherwise using the site, you agree to be subject to these terms and conditions.

You have read and understood the information contained in the current applicable Hostplus Member Guide or Pension Guide Product Disclosure Statement (PDS), the associated reference material available at hostplus.com.au which includes also the Choiceplus Investment Guide.

In these terms and conditions, references to:

‘our’, ‘we’, ‘us’ are references to Hostplus; and
‘you’ and ‘your’ are references to registered users.

General terms

1. Application of general terms

The General terms in this clause apply to all registered users of the site. Additional specific terms may also apply and these are set out after these general terms.

2. Changes to terms and conditions

We reserve the right to change these terms and conditions at any time. We will then post a notice on the site giving notice of that change for a period of 30 days. Any subsequent access to, or use of, the site by you will constitute an acceptance of those modifications.

3. Changes to fees and charges

We reserve the right to change any fees or charges at any time. Where a change relates to an increase in fees or charges we will notify you at least 30 days prior to the change.

4. Change of functionality

We reserve the right to change the functionality of the site at any time without prior written notification. We will endeavour to inform users by notices on the site about the change before it comes into effect.

5. Registration

This site can only be accessed after completing the registration process. To become a registered user you must meet the eligibility criteria provided in the current Choiceplus Guide. You will become a registered user of the site and be entitled to access and use the site when your registration is accepted by us and you agree to our terms and conditions. You can only register one account at a time. We reserve the right to deny access or to refuse registration to any person at our discretion.

6. Personal details

You acknowledge and confirm that all information that you provide to us is correct.

7. Electronic documents

You agree that where we are required by law or otherwise to provide you with a document, you consent to receive such documents electronically (whether provided on or through links on the site or via email). We recommend that you print a copy of any document so provided or file it electronically for future reference.

8. Indemnity

You indemnify us and keep us indemnified at all times against any and all liability for loss arising from and all costs, charges and expenses incurred directly or indirectly in connection with:

the use of the site by you, any other user, your employees, agents or any other person who uses the site on your behalf (including where such use involves an unauthorised or fraudulent act);
us acting in accordance with any actions that appear to be given by you, including:
- actions that are unauthorised or fraudulent act)
- any request made that we stop an action you have initiated through the site from being processed, or
- any request made for an asset transfer that results in;
  - the cancellation of pending buy or sell orders for any Choiceplus Investment you hold,
  - a delay as a result of a pending term deposit, corporate action or other asset specific event (such as pending cash transfers, trades, and non-income corporate actions); and
  - closure of your Choiceplus account except to the extent that liability is directly caused by a breach of these terms and conditions by us, or by any negligent act or omission by us.

9. Warranties

We warrant that we will use reasonable efforts to ensure the information provided on or through the site is accurate, current, and complete. The sole remedy for breach of this warranty is the rectification of any inaccurate information upon notice by you of the inaccuracy or error. We do not represent or warrant that the site will be free from:

any omission, error or inaccuracy in information provided on or through the site, including information provided by third parties;
downtime or periods where the site is unavailable or the failure, in whole or in part, of any function on the site to perform an action; or
any unauthorised access to the site or the information (including account information) retained on the site, except where the unauthorised access is the direct result of our negligence or fraud.

10. Limitation of liability

You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in these terms and conditions.

To the extent permitted by law, we exclude any liability for any loss, costs, charges and expenses suffered or incurred by you directly or indirectly arising as a result of:

any technical or service difficulties or processing delays in relation to the site, including processing delays which arise as a result of:
- an action being submitted on a day which is not a business day;
- any errors or omission in the action;
the failure of the site to perform any function which we have specified it will perform (including any failure as a result of a disruption to any telecommunications service, power supply or internet connection);
your inability to register for Choiceplus, move money or assets in or out of your Choiceplus account and closing your Choiceplus account during blackout periods.
any unauthorised access by third parties to the site or to the information contained or functionality available on the site;
the use of the site by you, any other user, your employees, agents or any other person who uses the site on your behalf (including where such use involves an unauthorised or fraudulent act);
us acting in accordance with any actions that appear to be given by you or other users, including:
- actions that are unauthorised or fraudulent; or
- any request made by you that we stop an action from being processed;
any technical or service difficulties or processing delays caused to any computer, associated equipment, software or data; or
any matters arising from data corruption, breaches of data or security, defects in transmission or viruses.

Where our liability cannot be excluded under any law, our liability will be limited to, at our discretion, either:

the costs of re-supplying any functionality provided on the site or a requested action to you; or
paying you the cost of re-supplying any functionality provided on the site or a requested action to you.

Unless these terms and conditions provide otherwise, our maximum aggregate liability for all proven losses, damages and claims arising out of these terms and conditions or your use of the site, including liability for breach of these terms and conditions, in negligence or in tort or for any other common law or statutory action, is limited in the following manner:

if the liability arises in relation to any reliance on, use of, or inability to use any information displayed or functionality available on the site under these terms and conditions, it is limited at our option to the lesser of the cost of resupplying the requested action or the amount of fees paid by you for the site in the previous three months; and
in all other cases, it is limited to the amount of the fees paid by you for the site in the previous three months.

Despite any other clause, we are not liable to you or to any other person for:

unauthorised use or any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you, any other users or any of your officers, employees, agents or contractors; or
any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

Nothing in this clause 1.10 limits our liability with respect to damages for personal injury, including sickness and death.

While UBS provides the data in good faith, it does not give any representation or warranty as to, and accepts no responsibility for, the reliability, accuracy, completeness or timeliness of the data. UBS shall not, under any circumstances, be liable in any way for any loss of any kind, whether in negligence or otherwise, arising out of or in connection with the data.

For the avoidance of doubt, Hostplus excludes any liability for any loss, costs, charges and expenses suffered or incurred by you directly or indirectly, as a result of any decision made by you, in respect of any form of decision to invest in the Choiceplus investment option, or any form of taxation decision in respect of the Choiceplus investment option.

11. Application for investment and performance of the funds

Investments in any of the products mentioned on the site do not represent investments, deposits or other liabilities of Hostplus. Neither Hostplus, the fund manager managing assets within an investment option, service providers or subsidiaries of any of the parties mentioned, guarantee the repayment of capital or the performance of the product or the return of capital or income. Your investment in the Choiceplus investment option is subject to investment risk. This could involve delays in repayment and loss of income or the principal invested.

12. Availability, security and delivery of the site

We will use all reasonable efforts to provide access to the site on a 24 hour basis however there will be interruptions to the site to facilitate maintenance, or for other reasons.

We reserve the right to amend the information provided or functionality available on the site and to limit access or cease providing information or functionality available on the site.

We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including electronic mail) are vulnerable to interception by third parties and we do not guarantee the security of these communications or the security of the site.

13. Denial of access

We reserve the right to deny access to the site or particular account details including wherein our opinion, there are concerns regarding unreasonable use, security or unauthorised access.

Hostplus and UBS at all times retain control over permission, access to and dissemination of data to users of this website, and your access to the data can be altered or revoked at our sole discretion without notice.

14. Cancellation

You may cancel your registration for the Choiceplus online investment platform at any time. You will be charged for any outstanding fees and costs in accordance with the current Choiceplus Guide.

15. Termination

We have discretion to terminate your access to the site without notice.

16. Copyright

Access to, use of this website and its content is strictly for registered users only. You must not use the site or its content in any manner or for any purpose which is unlawful or in any manner inconsistent with these terms. You agree to use the site and its contents solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person. You must not republish, redistribute, copy, frame, modify, interfere with the working of, reverse engineer, remove, paste onto, link to or from another website any part of this website, or in any way exploit any part of the website or the content.

In addition, republication or redistribution of Thomson Reuters and UBS content, including by framing or similar means, is prohibited without the prior written consent of Thomson Reuters and UBS.

17. Trademarks

The website contains a number of registered trademarks which are either owned by UBS or Hostplus and are used with the permission of the registered trade mark owners, including but not limited to Thomson Reuters.

Thomson Reuters and the Thomson Reuters logo are registered trademarks and trademarks of Thomson Reuters and its affiliated companies. For additional information on other Thomson Reuters services, please visit the Thomson Reuters public website at http://www.thomsonreuters.com/

18. Intellectual property of software and content

All copyright, rights, title and interest in and to the content on this website are owned, licensed or controlled by UBS, Thomson Reuters or Hostplus. You obtain a non-exclusive and non-transferable licence to use the software when you register for the site as a registered user.

19. Monitoring of the site

We expressly reserve the right to monitor any or all use of the site.

20. Links and third party content

We are not responsible for the content of any site owned by a third party that may be linked to the site, whether such a link is provided by us or by a third party. These links are provided as a courtesy service and no judgement or warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to the site. By providing access to other websites, we are not recommending or endorsing any brand, products or services offered by the organisation sponsoring or owning the linked website.

21. Privacy

Use of the Choiceplus online investment platform is subject to the Hostplus Privacy Policy. The Hostplus Privacy Policy sets out the information about the collection, use, disclosure and storage of your personal information. To obtain a copy of the Hostplus Privacy Policy please go to hostplus.com.au/privacy

Any information collected by us in connection with your use of the site will be used to provide the action you have requested. Non-sensitive information provided by you may also be used for related purposes, such as maintaining our relationship with you. Access to and correction of any of your information held by us is available on request. Please contact us on 1300 246 423.

22. Disclaimer

The information provided by the site is provided by way of general information only and is not intended to represent financial product advice. The information does not take into account your individual objectives, financial situation and needs. You should assess whether the information is appropriate to you, having regard to your objectives, financial situation and need, and consider seeking advice from a financial adviser before making any investment decision. The current product disclosure statement and investment guide for any product mentioned in this site should also be obtained and considered prior to making any investment decision. Please note that all investments carry some risk and past performance is not a reliable indicator of future performance.

23. Severability

If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of the remaining provisions.

24. Governing Law

These terms and the information in this website and all matters relating to either are governed by and to be construed in accordance with the laws of Victoria and are within the exclusive jurisdiction of the Australian courts.

Terms and conditions for investing in the ChoicePlus investment option

The ChoicePlus online investment platform (‘the site’) is an internet-based facility provided by HOSTPLUS, and made available to persons who utilise or hold one or more HOSTPLUS products.

These terms and conditions relate to use of the site. The site includes information transmitted electronically and any associated information provided by HOSTPLUS.

Your access to the site is subject to these terms and conditions, the HOSTPLUS Privacy Policy, disclaimers and any additional terms and conditions or statements contained on the site (referred to collectively as the terms and conditions). By accessing, viewing, using any of the online functionality or otherwise using this website and the site, you agree to be subject to these terms and conditions.

You have read and understood the information contained in the current applicable HOSTPLUS Member Guide or Pension Guide Product Disclosure Statement (PDS), the associated reference material available at hostplus.com.au and the ChoicePlus Investment Guide.

In these terms and conditions, references to:

‘our’, ‘we’, ‘us’ are references to HOSTPLUS; and
‘you’ and ‘your’ are references to registered users.

General terms

1.1 Application of general terms

The General terms in this clause apply to all registered users of the site. Additional specific terms may also apply and these are set out after these general terms.

1.2 Changes to terms and conditions

1.3 Changes to fees and charges

We reserve the right to change any fees or charges at any time. Where a change relates to an increase in fees or charges we will notify you at least 30 days prior to the change via a notice on the ChoicePlus platform.

1.4 Change of functionality

1.5 Registration

This site can only be accessed after completing the registration process. You will become a registered user of the site and be entitled to access and use the site when your registration is accepted by us. We reserve the right to deny access or to refuse registration to any person at our discretion.

1.6 Electronic documents

You agree that where we are required by law or otherwise to provide you with a document, you consent at our option to the provision of that document electronically (whether provided on or through links on the site or via email). We recommend that you print a copy of any document so provided or file it electronically for future reference. You agree not to dispute the validity or enforceability of electronic communications and you will be taken to have received such communications whether or not you access the communications on the site.

1.7 Personal details

You acknowledge and confirm that all information that you provide to us is correct.

1.8 Password and authentication of users

We have put in place certain security systems on the site, but we do not warrant or represent that the site or the information contained on the site will not be subject to unauthorised access. You must keep your username or password confidential and not disclose it to any other person. You must therefore ensure that your username and password are not written down or stored together on or with a personal computer that could be used for accessing the site. Access to the site is only available to you whilst you are a registered user and hold a current username and password. Once access is granted, any actions by that username and password will be deemed to be made by you or with your authority. Your username and password entitle anyone who correctly uses them to conduct the type of operations on the site for which designated user rights have been provided. You acknowledge and accept that we cannot verify whether the user of a correct username and password is a registered user. If you believe that your username or password have been compromised, lost or misplaced please contact us immediately by telephone 1300 246 423 or email us at choiceplus@hostplus.com.au . Upon us accepting your application to use this site, your username and password for gaining access to the site will be the username and password you have provided to us at the time of registration.

1.9 Indemnity

You indemnify us and keep us indemnified at all times against any and all liability for loss arising from and all costs, charges and expenses incurred directly or indirectly in connection with:

the use of the site by you, any other user, your employees, agents or any other person who uses the site on your behalf (including where such use involves an unauthorised or fraudulent act);
us acting in accordance with any actions that appear to be given by you, including:

actions that are unauthorised or fraudulent; or
any request made that we stop an action you have initiated through the site from being processed;

except to the extent that liability is directly caused by a breach of these terms and conditions by us, or by any negligent act or omission by us.

1.10 Warranties

We warrant that we will use reasonable efforts to ensure the information provided on or through the site is accurate, current and complete. The sole remedy for breach of this warranty is the rectification of any inaccurate information upon notice by you of the inaccuracy or error. We do not represent or warrant that the site will be free from:

any omission, error or inaccuracy in information provided on or through the site, including information provided by third parties;
downtime or periods where the site is unavailable or the failure, in whole or in part, of any function on the site to perform an action; or
any unauthorised access to the site or the information (including account information) retained on the site, except where the unauthorised access is the direct result of our negligence or fraud.

1.11 Limitation of liability

You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in these terms and conditions. To the extent permitted by law, we exclude any liability for any loss, costs, charges and expenses suffered or incurred by you directly or indirectly arising as a result of:

the use of the site by you, any other user, your employees, agents or any other person who uses the site on your behalf (including where such use involves an unauthorised or fraudulent act);
us acting in accordance with any actions that appear to be given by you or other users, including:

actions that are unauthorised or fraudulent; or
any request made by you that we stop an action from being processed;

any unauthorised access by third parties to the site or to the information contained or functionality available on the site;
your inability to register for ChoicePlus, move money in or out of your ChoicePlus account and closing your ChoicePlus account during blackout periods;
the failure of the site to perform any function which we have specified it will perform (including any failure as a result of a disruption to any telecommunications service, power supply or internet connection);
any technical or service difficulties or processing delays in relation to the site, including processing delays which arise as a result of:

an action being submitted on a day which is not a business day;
any errors or omission in the action;

any technical or service difficulties or processing delays caused to any computer, associated equipment, software or data; or
any matters arising from data corruption, breaches of data or security, defects in transmission or viruses.

Where our liability cannot be excluded under any law, our liability will be limited to, at our discretion, either:

the costs of re-supplying any functionality provided on the site or a requested action to you; or
paying you the cost of re-supplying any functionality provided on the site or a requested action to you.

if the liability arises in relation to any reliance on, use of, or inability to use any information displayed or functionality available on the site under these terms and conditions, it is limited at our option to the lesser of the cost of resupplying the requested action or the amount of fees paid by you for the site in the previous three months; and
in all other cases, it is limited to the amount of the fees paid by you for the site in the previous three months.

Despite any other clause, we are not liable to you or to any other person for:

unauthorised use or any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you, any other users or any of your officers, employees, agents or contractors; or
any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

Nothing in this clause 1.11 limits our liability with respect to damages for personal injury, including sickness and death.

For the avoidance of doubt, HOSTPLUS excludes any liability for any loss, costs, charges and expenses suffered or incurred by you directly or indirectly, as a result of any decision made by you, in respect of any form of decision to invest in the ChoicePlus investment option, or any form of taxation decision in respect of the ChoicePlus investment option.

1.12 Application for investment and performance of the funds

Investments in any of the products mentioned on the site do not represent investments, deposits or other liabilities of HOSTPLUS. Neither HOSTPLUS, the fund manager managing assets within an investment option, service providers or subsidiaries of any of the parties mentioned, guarantee the repayment of capital or the performance of the product or the return of capital or income. Your investment in the ChoicePlus investment option is subject to investment risk. This could involve delays in repayment and loss of income or the principal invested.

1.13 Availability, security and delivery of the site

We will use all reasonable efforts to provide access to the site on a 24 hour basis however, there will be interruptions to the site to facilitate maintenance, or for other reasons. We reserve the right to amend the information provided or functionality available on the site and to limit access or cease providing information or functionality available on the site. We do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including electronic mail) are vulnerable to interception by third parties and we do not guarantee the security of these communications or the security of the site.

1.14 Denial of access

We reserve the right to deny access to the site or particular account details including where:

you fail to keep your username and password secure; and
in our opinion, there are concerns regarding unreasonable use, security or unauthorised access.

HOSTPLUS and UBS at all times retain control over permissioning, access to and dissemination of data to users of this website, and your access to the data can be altered or revoked at our sole discretion without notice.

1.15 Cancellation

You may cancel your registration for the HOSTPLUS ChoicePlus online investment platform by notifying us in writing and we will terminate your access within five business days of receipt of that written notice.

1.16 Termination

We have discretion to terminate your access to the site without notice.

1.17 Copyright

We own copyright to the site. Access to, use of this website and its content is strictly for registered users only. You must not use the site or its content in any manner or for any purpose which is unlawful or in any manner inconsistent with these terms. You agree to use the site and its contents solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person. You must not republish, redistribute, copy, frame, modify, interfere with the working of, reverse engineer, remove, paste onto, link to or from another website any part of this website, or in any way exploit any part of the website or the content. In addition, republication or redistribution of Thomson Reuters and UBS content, including by framing or similar means, is prohibited without the prior written consent of Thomson Reuters and UBS.

1.18 Trademarks

The website contains a number of registered trademarks which are either owned by UBS or HOSTPLUS and are used with the permission of the registered trade mark owners, including but not limited to Thomson Reuters. Thomson Reuters and the Thomson Reuters logo are registered trademarks and trademarks of Thomson Reuters and its affiliated companies. For additional information on other Thomson Reuters services, please visit the Thomson Reuters public website at http://www.thomsonreuters.com/

1.19 Intellectual property of software and content

All copyright, rights, title and interest in and to the content on this website are owned, licensed or controlled by UBS, Thomson Reuters or HOSTPLUS. You obtain a non-exclusive and non-transferable licence to use the software when you register for the site as a registered user.

1.20 Monitoring of the site

We expressly reserve the right to monitor any or all use of the site.

1.21Links and third party content

Market and exchange data (data) available on this website is provided by UBS Securities Australia Limited (UBS). UBS reserves the right to amend, remove, or add to the terms at any time without notice to you. Such modifications shall be effective immediately. Accordingly, we recommend that you review the terms periodically. We are not responsible for the content of any site owned by a third party that may be linked to the site, whether such a link is provided by us or by a third party. These links are provided as a courtesy service and no judgement or warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to the site. By providing access to other websites, we are not recommending or endorsing any brand, products or services offered by the organisation sponsoring or owning the linked website.

1.22 Privacy

Use of the ChoicePlus online investment platform is subject to the HOSTPLUS Privacy Policy. The HOSTPLUS Privacy Policy sets out the information about the collection, use, disclosure and storage of your personal information. To obtain a copy of the HOSTPLUS Privacy Policy please go to hostplus.com.au/privacy Any information collected by us in connection with your use of the site will be used to provide the action you have requested. Non-sensitive information provided by you may also be used for related purposes, such as maintaining our relationship with you. Access to and correction of any of your information held by us is available on request. Please contact us on 1300 246 423.

1.23 User Authentication and authorisation

On your initial access to the site, you will be required to set your username and password.

1.24 Disclaimer

1.25 Australian residents only

The products described on the site are available only to Australian residents. All references to currency are to Australian dollars.

1.26Severability

1.27 Governing Law

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