Terms and conditions for use of the www.dairysuper.co.nz website by members of the Dairy Industry Superannuation Scheme ("the Scheme") administered by Mercer (N.Z.) Limited ("the Administrator").
It is important you read and agree to the following terms and conditions before you use this website, www.dairysuper.co.nz ("Site"), as you will be bound by them whenever you access, browse or use the Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and accepted these terms and conditions. Please read these terms and conditions carefully and be aware that we may change them at any time. We last revised these terms and conditions on July 2020.
This website is made available by Mercer (N.Z) Limited.
This Site provides general financial product advice which has been prepared without taking into account your particular objectives, financial situation or needs. Therefore, before acting on any information found on or through this Site, you should consider whether it is appropriate to your personal circumstances, objectives, financial situation and needs. We recommend that you consult a financial adviser before making an investment decision.
These Terms and Conditions do not apply to websites we do not own or operate.
In accessing, browsing or using this Site you acknowledge and agree:
1. If the Administrator has agreed to permit you to view and/or change your account ("Account") details via the Site ("Service"), you will be provided with a confidential Member Number and online Personal Identification Number ("online PIN") that will permit access to the Service.
2. You acknowledge that access to your Account and/or Fund information (as the case may be) will be provided through this Service to any person using your PIN or password. You must therefore do everything necessary to protect your online PIN or password from disclosure to any other person.
3. Any action or request made by the user of your online PIN or password ("Instruction") will be deemed to have been made by you and the request will be carried out by the Administrator without further enquiry. You will be responsible for all Instructions and any consequential transactions using your PIN or password whether authorised by you or not. The Administrator shall not be liable for acting on an Instruction.
4. Unless you are an Authorised Service User or an authorised Mercer employee, you will not attempt to access any account details that do not relate to you personally and will notify the Helpline on 0800 355 900 ("Site Contact") immediately you become aware of any such unauthorised access or attempted access. An Authorised Service User is a person who has been authorised by the Administrator to be able to view the account details of members of the Defence force Savings Schemes via the Site ("Other Authorised Service"). An authorised Mercer employee is a person who has been authorised by Mercer to be able to view the account details of members of the New Zealand Defence Force Savings Schemes via the Site. If you are an Authorised Service User or authorised Mercer employee you will not attempt to access any account details beyond the level of access permitted by the Administrator and only for the purposes of your role and will immediately notify the Site Contact if you become aware of any unauthorised access or attempted access.
5. You must notify the Site Contact immediately if you become aware that your PIN or password has been lost or forgotten. A new online PIN will be provided to you.
6. Upon request by the Administrator or in the event of clauses 4 or 5 occurring, you must immediately change your online PIN or password.
7. You will notify the Site Contact in writing if you want your access to the Service suspended or cancelled at any time.
8. Access to your Account may be temporarily unavailable via the Site during scheduled maintenance windows. These occur on a nightly basis between 01:30am New Zealand Standard Time (NZST) and approximately 02:30am (NZST). They also occur each Wednesday between 10:00am and 11:00am (NZST). Any interruption to the Service is expected to be for a short period only during these windows. Scheduled downtime outside of these windows will be notified on the website ahead of time.
9. Your use of the Service or Other Authorised Service may be interrupted, varied, suspended or cancelled by the Administrator at any time without notice or for reasons beyond the Administrator's control and you agree that the Administrator will not be liable for any interruption, variation, suspension or cancellation of the Service.
10. The Service content has been compiled in good faith by the Administrator but no guarantee is given (either express or implied) regarding reliability, timeliness, completeness or accuracy of the Account or other information at any particular time. All information available via the Service is subject to change without notice.
11. In addition, certain information at this Service belongs to parties other than the Administrator. The Administrator does not claim authorship of such information and duly acknowledges the copyright of other parties where applicable. The Administrator shall be liable if you rely on any information obtained via the Service.
12. While the Administrator will endeavour to keep the Account and other information available via the Service up to date, there will be times when this is not the case. The Administrator is entitled to treat any information received from you as reliable, accurate, complete and up to date.
13. You must not rely upon, act upon, give or make available to another person any Account and/or information (whether electronic or otherwise) from this Service without first having that Account and/or information verified in writing by the Administrator.
14. By activating any hyperlinks in this Site, you may leave this Site and go to other websites that are not under the control of the Administrator. The Administrator does not accept any responsibility or liability in respect of material contained in other websites and do not by including the hypertext link endorse the site or the information available at such a site. Those links are provided for convenience only. You enter those sites at your own risk as the content or accuracy of the information has not been reviewed or checked by the Administrator. The terms and conditions that apply to those websites may be different to the terms and conditions set out here and those terms and conditions will govern the use of information you access or obtain from those websites.
15. The information on the Site is intended for residents of New Zealand only and any products and services offered on the Site are only offered to New Zealand residents living in New Zealand. These terms and conditions are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts. References to $ or dollars mean New Zealand currency unless otherwise specified.
16. The Administrator uses reasonable efforts to maintain the Service and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorised access, destruction, misuse, modification and improper disclosure. The information you enter on the Service or access via the Service is stored securely by the Administrator on its data servers however you acknowledge no computer system or information can ever be fully protected against every possible hazard and the Administrator shall not be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of your data.
17. You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Service when accessing, providing or downloading information via this Service.
18. Except to the extent required by law, the Administrator and its related companies make no representations or warranties, express or implied, that the Service or Other Authorised Service are fault free or as to the continuity, accessibility, reliability or efficiency of the Service or Other Authorised Service prior to, during or after your acceptance of these terms and conditions, or the suitability of the Service or Other Authorised Service to your needs and will accept no responsibility arising in any way (including for negligence) for errors in, and omissions or otherwise for any loss or damage of any kind at all (including consequential loss) arising directly or indirectly out of the provision or use of, or inability to use the Service or Other Authorised Service. You enter into this Agreement at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by the Administrator or any related company of the Administrator.
19. The Administrator will not be liable if you breach these terms and conditions or your use of the Service causes loss, damage or injury to you or any other person or entity. You agree to indemnify the Administrator and/or any related company from and against all such loss, damage, injury and expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from a breach by you of the terms and conditions of this Agreement or your use of the Service.
20. If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these terms and conditions will continue to be legal and enforceable.
21. Except where otherwise stated, the copyright and intellectual property rights relating to the content of this Service belong to and remain the property of the Administrator. The granting of access to the Service by the Administrator does not create or imply a licence or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these terms and conditions, unless authorised by the written consent of the Administrator.
22. The performance of the investments contained on or referred to in this Service is not guaranteed by the Administrator or any of their related companies. The investments are subject to the rise and fall of the market. Past performance is not indicative of future performance.
23. Material at the Service may contain general information about the Administrator's goods and services. This information does not constitute an offer or inducement to enter into a legally binding contract.
24. For the purposes of this clause "Messages" means all mail items of any description transmitted by electronic means between the Manger and you via the Service. You acknowledge that you may submit Messages to the Administrator and that you are responsible for confirming receipt of the Message by the Administrator. If you do not receive confirmation of receipt or response from the Administrator regarding your Message you should assume that the Message was not received by the Administrator and you should re-send the Message or follow up the Message by other means.