LEGAL NOTICE
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TERMS OF USE
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Access to and use of this web site (the Site) is provided by Mercer Administration Services (Australia) Pty Ltd
(Mercer - also we, us and our ) on the
following conditions and any other directions or rules of use on this site (Terms
of Use) .
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Revisions to Terms of Use |
Mercer may revise or amend these Terms of Use at any time in its absolute
discretion by posting revised terms. You agree that in the event any portion of
these Terms of Use is found to be unenforceable, the remainder of these
Terms of Use shall remain in full force and effect. Any revisions will be
effective immediately. By continuing to use this Site after any revision
becomes effective you agree to be bound by these Terms of Use as so revised.
You should therefore periodically visit this page to determine the then current
Terms of Use to which you are bound.
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Governing Law
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Mercer controls and operates this Site from its offices within Australia. These
Terms of Use shall be governed by and construed in accordance with the laws of
the State of New South Wales. You and Mercer agree to submit to the exclusive
jurisdiction of the courts of the State of New South Wales. If you choose to
access this Site from another location, you do so on your own initiative and
are responsible for compliance with applicable local laws.
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Unenforceable Terms |
If any provision of the Terms of Use is found by a court to be invalid or
unenforceable, the invalidity or unenforceability will not affect the remaining
Terms of Use.
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Your responsibilities under laws affecting you |
You are responsible for ensuring that your use of this Site is lawful, does not
infringe any third party's rights and does not breach any standards, content
requirements or codes promulgated by any relevant authority (including relevant
internet industry codes of practice).
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DISCLAIMER |
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General disclaimer |
Use of this Site is at your risk. None of Mercer or its employees, agents or
associates makes any express or implied representation or warranty about, or
shall be liable, in contract, tort (including negligence) or otherwise, for any
direct, indirect, special or consequential loss, damages or reliance in
connection with, this site, its use, its content or any products or services
(including our products or services) referred to on this site.
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No advice given |
If you require specific advice for your individual circumstances, consult an
appropriate expert directly. Do not rely on the general material on this site.
While Mercer endeavours to provide accurate material on this Site, we do not
warrant the accuracy of the material provided. You should make direct contact
with Mercer to seek confirmation of the accuracy of the material.
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Warranty |
If you provide us with any personal information regarding any third party,
including your employees, then you warrant and represent that:
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you have all necessary rights and permissions to provide that information; and
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we are able to use that information to the extent reasonably necessary to
fulfill the purposes of the Site.
We exclude all liability in relation to the use of such information.
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Indemnity |
You indemnify us, our employees, agents and associates from and against all
actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred or suffered by us (
Our Loss ) as a direct or indirect consequence of your use (or,
where applicable, any other person using your user id and password) of
this Site, your breach of these Terms of Use or your breach of any rights of
third parties.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss
incurred by virtue of any breaches of third parties' intellectual property
rights as a direct or indirect consequence of you (or, where applicable, any
other person using your user id and password) using this site.
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Rights we cannot exclude, limit or disclaim |
This disclaimer, liability limitation and indemnity does not exclude any rights
which by law may not be excluded.
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COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES |
The material on this Site is protected by copyright under the laws of
Australia and, through international treaties, other countries.
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Personal, non-commercial use |
You are authorised to download, view, copy and print this Site and its contents
for your own personal, non-commercial use, provided that you do not modify the
materials, and keep intact all copyright and other proprietary notices. To the
extent you have access to password protected material, your use is governed by
your arrangements with Mercer or, in the absence of any such arrangement, you
may only use this material for non-commercial purposes, or proper commercial
use as governed by your relationship with the employees in question.
If you are an Internet service or access provider, you are authorised to grant
access to this Site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our Site
materials for commercial purposes.
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Prohibited conduct |
Otherwise you are not authorised, without our prior written permission and the
permission of any other relevant rights owner, to copy, mirror, broadcast,
reproduce, frame, republish, download, store (in any medium), up-load to a
third party, transmit, post, broadcast, distribute, show or play in public,
adapt or change in any way the content of, or create a derivative work from,
these web pages for any other purpose.
This prohibition does not extend to materials on this Site which are expressed
to be freely available for re-use or replication, subject to any conditions we
specify.
You must not disclose your user id and password to third parties, including
account aggregators (see below). You are accountable for any activity carried
out using your user id.
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USER CONDUCT AND INDEMNITY |
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Lawful use only |
You must use this site only for lawful purposes. |
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General prohibitions |
You must not up-load, post, transmit or otherwise make available through this
site any material which:
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violates or infringes the rights of others (including their privacy and
publicity rights);
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is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar,
obscene, profane or which may harass or cause distress or inconvenience to, or
incite hatred of, any person;
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affects the functionality or operation of this Site or its servers or the
functionality or operation of any users' computer systems (for example, by
transmitting a computer virus or other harmful component, whether or not
knowingly); or
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breaches any standards, content requirements or codes promulgated by any
relevant authority, including authorities which require us to take remedial
action under any applicable industry code.
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Use of Third Party Account Aggregators |
Account aggregation services allow users to view all of their personal online
accounts at one web-location, following disclosure of personal
identification numbers (PINs) and access codes to the account aggregator.
We are not associated with any account aggregators.
You should be aware that disclosing your PIN in this way creates a considerable
security and privacy risk to your online information; your personal information
may not be secure on another site unless appropriate encryption is used and the
account aggregator has an appropriate privacy policy in place. In addition,
there are the following consequences of disclosing your user
id and password to account aggregators.
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You will be in breach
of the terms of use of this website.
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We will not be liable for the use of your account information
by any third party to whom you have provided your user id and password.
You will be liable
for all transactions conducted by the account aggregator on your behalf or with
the use of your personal user id and password. We cannot accept
responsibility for any loss or damage, as a result of involvement of a third
party account aggregator.
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We reserve our rights to take proceedings against you in respect of any loss,
cost or damage we may suffer for your breach of the Terms of Use.
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