This Part A – General Terms and Conditions applies to all users of My ASG being My ASG subscribers and members of ASG Benefit Funds.



Additional Terms and Conditions, being Part B, apply in addition and only to members of ASG Benefit Funds who also apply for and are granted access to My Account.



Your consent to these Terms and Conditions



Access to and use of the My ASG site (‘the Site’) and the information, materials, products and services available through the Site are subject to all specific product terms and conditions, all applicable laws and regulations and to these Part A - General Terms and Conditions. By accessing, browsing, shopping at and using the Site, you accept, without limitation or qualification, these Part A – General Terms and Conditions, which form a legally binding agreement.



Changes to these Terms and Conditions



These Part A – General Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Site. Your continued use of the Site after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.



Your consent to our Privacy Policy



By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. All personal information provided as a result of your use of our sites will be handled in accordance with our Privacy Policy.



Your consent to the E-Store Terms and Conditions



Any purchases you make on the Site will be governed by our E-Store Terms and Conditions, including for our financial products any Benefit Fund Rules, which are expressly incorporated herein. Our E-Store Terms and Conditions govern various aspects of your purchase of merchandise on the Site, such as shipping, returns, and other matters. The E-Store Terms and Conditions may also include the terms provided by third party product or service suppliers which are also expressly incorporated herein.



Third Parties’ Terms and Conditions



Other terms and conditions may govern your use of features available on our Sites that are “powered by” third parties. For example, visitors may be able to take surveys, rate products, and/or personalize gift cards. These functionalities are “powered by” third parties. This means that if you use these functionalities, you will be transferred directly to a custom Web site operated by a third party. These Web sites are governed by the third party’s terms of use and privacy policy. You should review the terms of use and privacy policies of third-party service providers before using their sites.



Ownership of the Site and Content



Our Site, including all of the software and code comprising or used to operate the Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site (‘Content”), are protected under applicable intellectual property and other proprietary laws, including without limitation those of Australia. All Content and intellectual property rights therein are the property of either ASG or the provider of the material and is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.



The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through our Sites. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.



Permission is hereby granted to the extent necessary to lawfully access and use the Site and to display, download, or print portions of our Sites on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) we retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network or computer or broadcast the Content to any other party or parties or in any media.



Trademarks



All names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade or business terms of ASG or a third party product/service provider (the “Marks”). They are and remain the property of their respective owners. You are not authorized to display or use the Marks in any manner without our/the owners’ prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade or business terms or any other materials contained herein, except as permitted herein, is expressly prohibited.



Links to other sites



The Site may contain links and/or advertisements to other web sites maintained by unrelated companies or individuals. An advertisement of, or link to, an unrelated website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the products and services made available through such Web site. We do not investigate, monitor or check such websites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such Web sites. If you decide to leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites.



Your Feedback



We very much want to know what our customers like and don’t like about our products and services, and welcome your comments, feedback, suggestions, and other communications regarding the Site and the information, products, and services we make available (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.



Disclaimer of Warranties



We make no representations or warranties with respect to our site or its content, or any product or service available on or promoted through our site. our site and all of its content (including all user generated content) are provided for use “as is” and on an “as available” basis. to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, arising by statute, custom, course of dealing, course of performance or in any other way, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to our site, their content, any product or service available on or promoted through our site, and any site with which they are linked.



without limiting the generality of the foregoing, we do not represent or warrant that our site, servers, or any transmissions sent from us or through our site will be free of any harmful components (including viruses). we also make no representations or warranties as to whether the information accessible via our sites or any site with which it is linked, is accurate, complete, or current. we are not responsible for any errors or omissions in any content appearing on our site.



we do not endorse any opinion, advice, comment or statement made on our site by users of our site, and user generated content does not in any way reflect the opinion, advice or statement of us. we do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. we do not represent or warrant continuous, uninterrupted or secure access to or use of our site. you accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.





Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.



Exclusion of liability



We are not responsible or liable in any manner for any user generated content. although we include strict provisions regarding user generated content in these terms and conditions, we do not control and are not responsible for what users post on or through our site and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on our sites or in connection with your use of our site.



to the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the site or any web site with which they are linked, or any merchandise available on our site.



You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. this limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.



If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).

our liability in connection with a customer’s purchase is expressly limited to our return policy set forth in our terms of sale, and all claims for consequential, incidental, or special damages are hereby excluded to the extent permissible under the law.





Your obligations



In consideration of your use of our Site, if you register on our Site in order to make a product or service purchase, receive or review information, review an Account or your details, effect a transaction or otherwise, you agree to provide true, accurate, current and complete information about yourself and your circumstances.



Your My ASG account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, and until we are so notified you will remain liable for any unauthorized use of your account.



You agree to use our Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through our Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to our Site is strictly prohibited. We reserve all rights and remedies available to us.



You agree that in using our Site you will respect and will not disparage or abuse the rights of ASG, other Site users or ASG members (including if appropriate your joint member or members). You will not post any offers on our Site and will not divulge offers provided on our Site to third parties or post or publish them on other sites or media.



You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of our Sites (including any information, materials, products or services available through our Sites).



Should you notice any errors or mistakes in your Account or personal information on the Site, you will contact us and advise us of same as soon as reasonably possible



Correction of errors and inaccuracies



The information on our Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and or transaction history, including amount of contributions and fees charged to your benefit. We apologize for any inconvenience this may cause you.



Modification and discontinuation



We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Site (or any portion thereof) and/or the information, materials, products and/or services available through our Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Site.



Entire understanding



These Terms and Conditions (together with our Privacy Policy, E-Store Terms and Conditions and any click-through agreements on our Site) and if appropriate any further Terms and Conditions specific to elements of the Site contain the entire understanding between you and us with respect to use of our Site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement.



Severability and Non-Waiver



Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.



Law and jurisdiction



These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Victoria in Australia, without regard to conflict of law principles.



You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Victoria Australia, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of our Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.



Jurisdiction-specific restrictions on our Sites and the products we sell



Access to, or use of, our Site or information, materials, products and/or services on our Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing our Site.



Access to our site (or portions thereof) and the use of information, materials, products and/or services provided on our site (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

PART B - My ACCOUNT TERMS AND CONDITIONS



Part B – My Account Terms and Conditions apply only to Members of ASG Benefit Funds, including secondary members and the nominated beneficiaries (“Beneficiaries”) who also apply for and are granted access to My Account. My Account is a functionality of My ASG which enables these individuals as My Account members to effect some transactions on their Accounts online via My ASG

.

These members, secondary members and Beneficiaries are referred to as My Account members.



Part A – General Terms and Conditions also applies to My Account members.



Your consent to these Terms and Conditions



Access to and use of the My Account facility (‘the Facility’) on the My ASG site (‘the Site’) is subject to these Part B – My Account Terms and Conditions. By accessing, browsing, and using the Facility you accept, without limitation or qualification, these Part B - My Account Terms and Conditions, which form a legally binding agreement.



Changes to these terms and Conditions



These Part B – My Account Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Site and/or the Facility. Your continued use of the Facility after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.



My Account online functionality



My Account offers My Account Members the ability to operate their Education Benefit Fund Account (“Account”) online via My ASG and its secure portal, enabling routine changes to the Account to be effected online in an efficient manner at a time that suits you (the Function).



In providing the Function however:

• Responsibility for the operation of an Account via My Account and all consequences (including banking elements) thereof remains at all times with the Account Member.
  
  
• ASG reserves the right to reinstate its normal operational process and withdraw the Function to any Account or Accounts should circumstances require this. For example, if joint members are in dispute; if a member is acting contrary to the Benefit Fund Rules or abusing the rights of other members. Should this happen you will be able to effect account transactions by normal business means and we will advise you of how transactions can be effected.
  
  
• ASG also retains the ability to ask for identification proofs or details from a member at any time should circumstances require this.

  

  
  

  Transactions which cannot be completed via My Account
  
  

  There are a number of transactions that cannot be completed via My Account: these are usually transactions that are significant in nature or expose the My Account Member to greater risk.
  

  Should you find you are unable to complete one of these transactions on My Account you can contact us to help you off line.

  In addition, with regards a joint Education Benefit Fund there are a number of transactions that cannot be completed via My Account: these are transactions which because of their significance require approval and authorisation by both or all current members.
  

  

  

  ASG reserves the right to revise the transactions which cannot be completed via My Account. Your continued use of the Facility after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
  

  

  Joint Member accounts
  

  ASG’s normal operational process for Benefit Fund accounts involving joint members is that both/all members must sign for and authorise transactions. We recognise however that this is not always desirable or convenient and have therefore developed the Function to enable joint members to authorise either or any joint members to operate a joint account online on behalf of both or all members. To activate the Function on a joint member account a written application signed by all members must be provided to ASG: it cannot be activated by application from one or less than all joint members.

  In providing the Function however

• There are some transactions that cannot be conducted online or will require all members to authorise.

• Responsibility for the operation of a joint account via My Account and all consequences thereof (including banking elements) remains at all times with both/all the joint members. ASG is not responsible or liable for any transactions effected by any or either member and any claim in this regard rests with and is between the joint members.
  
  
• The authorisation to any or either member may be withdrawn or changed at any time by written application signed by all joint members.
  
  
• ASG reserves the right to reinstate its normal operational process and withdraw the Function to any account or accounts should circumstances require this. For example, if joint members are in dispute; if a member is acting contrary to the Benefit Fund Rules or abusing the rights of other members. Should this happen you will be able to effect account transactions by normal business means and we will advise you of how transactions can be effected.
  
  
• ASG also retains the ability to ask for identification proofs or details from a member/all members at any time should circumstances require this.

Your obligations

In consideration of your use of the Function in order to make a product or service purchase, receive or review information, effect a transaction or otherwise, you agree to provide true, accurate, current and complete information about yourself, your joint members and your circumstances.



Your My Account, including your username and password, are personal to you/your joint members and may not be used by anyone else other than in the case of a joint membership your joint members. You or in the case of a joint membership all members are responsible for maintaining the confidentiality of the password and username and are fully responsible for all activities that occur under the password or username by you or by anyone else using the username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of the username or password, and until we are so notified you or all members will remain liable for any unauthorized use of your account.

You agree that in using our Site you will respect and will not abuse the rights of ASG or ASG members (including if appropriate your joint member or members).



You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of our Sites (including any information, materials, products or services available through our Sites).

Should you notice any errors or mistakes in your Account or personal information on the My Account Facility you will contact us and advise us of same as soon as reasonably possible.