Terms of Use

2. Privacy Policy

2.1 We take your privacy seriously. Please visit our Privacy Policy to find out how we use the information that you provide to us. Your use of this Website or Software is at all times subject to the provisions of our Privacy Policy.

3. Third party products

3.1a You can register to use a number of Software products via this Website.

3.1b The Software may allow users of the software to use or apply for a number of products through the Software. These products are not provided by us but are instead provided by third parties over whom we do not have control. It is you or your end-user’s responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, or become a member of a Superannuation fund, and end user should consult the relevant Target Market Determination (TMD) and Product Disclosure Statement (PDS).

The presence of a third party product on this Website or Software does not constitute an endorsement by us of the provider, the product, the content of the provider’s website, or the activities of the provider.

3.2 All product prices are quoted in Australian dollars.

3.3 We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you, your clients, or your employees obtain after using this Website or Software or for any acts, omissions, errors or defaults of any third party in connection with that product.

3.4 This Website and Software contains statements made by Superfunds regarding the terms of the products, including features and inclusions. Some of these statements are generalised in order to give you, you, your clients, or your employees a summary of the products. However, not all products are the same and you should confirm the exact terms of any product that you intend to purchase prior to purchasing that product. The product information supplied on the Website and Software is available only to Australian residents.

3.5 By submitting your personal details through this Website or Software, you are able to make an offer to obtain a product from a third party provider. That offer may be accepted or rejected. The contract for the product will only be concluded once your offer has been accepted by the relevant third party provider. If your offer is accepted then the product will be provided to you, subject to the third party provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.

4. The superapi.com.au service and how we are paid

4.1 We may provide a service on this Website or Software which enables your employees, or employees of your business clients, to research superannuation fund products, all of which are provided by third parties.

4.2 We may provide a service on this Website or Software which enables you to click through to a range of partner providers, including Superannuation funds.

4.2 Our service is free for you to use, unless you are a premium superapi.com.au subscriber or software developer. We receive payment from the third party product providers when you use our service to purchase products from them.

4.3 If you are a business owner, your accountant or bookkeeper may charge you for the use of this service, or we may charge you on their behalf for the use of the service, and their support and maintenance of the related processes. You will only be charged if you have agreed to become a premium subscriber of the service. You can unsubscribe from the service at any time by unsubscribing from the software or software feature provided to you in which the superapi.com.au service offered.

5. Permitted use

5.1 You are only permitted to use this Website or Software for its intended use, subject to your compliance with these Terms of Use.

5.2 You are not permitted to do anything that may affect the security of this Website or Software or any information or material stored within it.

5.3 You agree not to:

(a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;

(b) copy or disclose to any person, any Website or Software content, other than as expressly permitted by these Terms of Use;

(c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website or Software content;

(d) use any method or process to consolidate or combine any Website or Software content with any other content, data, information, images or material;

(e) reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s or Software’s source code, formulas or processes;

(f) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website or Software;

(g) use, obtain or attempt to obtain from this Website or Software, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or

(h) post, distribute or send any ‘spamming material’ or any other form of bulk communication.

5.4 You are not permitted to use this Website or Software in any unlawful or fraudulent manner.

5.5 You agree that if you provide any information on this Website or Software, that information will be true, accurate and complete.

6. Registering an account

6.1 This Website and Software may allow you to create a developer, personal, advisor (accountant or bookkeeper) or business account. This Website and Software may allow you to sign in to your developer or other account by generating a standard username and password, your GitHub credentials (username, password, and 2FA), your Xero credentials (username, password, and 2FA), or by using your social media username and password. Any such account or access details provided or created by you will be referred to collectively as "Login Details".

6.2 In all cases, if you create a personal account, you agree that: (a) your Login Details must be used by you only;

(b) you will keep your Login Details secure and confidential at all times and will not disclose these to any other person. For security purposes we recommend that you change your password at least once every 6 months;

(c) you are responsible for all actions that take place as a result of access to this Website’s services via your Login Details; and

(d) any breach of these Terms of Use under your Login Details will be treated as a breach by you.

6.3 If you believe that the security of your Login Details is compromised you must notify us in writing immediately, but in any event you should change your password immediately. We will not be liable for any loss you incur due to any unauthorised use of your Login Details (including if someone else accesses your account through Login Details they have obtained from you or through a violation by you of these Terms of Use).

6.4 We may disable or close your account at any time as a result of any suspected or actual unauthorised use of your Login Details and we will notify you by using the contact details that you have previously provided.

7. No advice

7.1 superapi.com.au does not offer financial, investment or other advice. Nothing on this Website or Software constitutes financial, investment or other advice by us in relation to any product.

7.2 This Website and Software is intended to be used for developers to create their own experiences for onboarding efficiency, statutory compliance, payroll accuracy, and superannuation standard choice form automation purposes, but superapi.com.au is not able to bind any third party provider or ensure that any third party provider offers any product or service to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to: (a) sell any product to you; or (b) enter into any contract with you.

8. Use of data

8.1 When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to:

a. enable you to use our services;

b. allow us to improve,

c. develop and protect our services;

d. create new services;

e. communicate with you about the service and your account or subscription;

f. send you information we think may be of interest to you based on your marketing preferences; and

g. disclose to third party service providers and partners to enable and support such purposes.

8.2. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into superapi.com.au, like your name and email address.

8.3. Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into superapi.com.au.

8.4. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

8.5. Data breach notifications: Where there has been unauthorised access to personal data that you’ve entered into superapi.com.au, we’ll let you know and, where possible, give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data you have entered in your superapi.com.au subscription.

9. Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

9.1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

10. Intellectual property rights

10.1 The word or mark "superapi.com.au" however represented, all associated logos and symbols, and any combinations with another word or mark, are the trademarks of Super Simple Super Group Pty Ltd or one of its group companies.

10.2 All intellectual property rights in any material or content contained in or accessible via this Website or Software is either owned by Super Simple Super Group Pty Ltd or has been licensed to us for use by us.

10.3 You will only make fair use of the trademarks on this Website and Software and will not use them:

(a) as part of your own marks;

(b) in a manner which is likely to cause confusion or damage to the reputation of superapi.com.au; or

(c) to identify or imply endorsement or otherwise of products or services to which they do not relate.

10.4 Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to Super Simple Super Group Pty Ltd or our licensors in and relating to this Website or Software (including any content or material displayed on this Website or Software) may be used, copied, published or distributed by you without our prior written consent.

11. Exclusions of liability

11.1 This Website, Software, content and services are supplied to you on a strictly "as is" basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.

11.2 We try to ensure that the information displayed on this Website and Software is accurate, however your access to this Website and any action you carry out on the basis of information you obtain from this Website or Software is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.

11.3 We do not give any warranty that the Website or Software is free from viruses or anything else which may have a harmful effect on any technology.

11.4 We aim to provide uninterrupted access to this Website and Software but we give no warranty as to the uninterrupted availability of this Website and Software. We reserve the right to suspend, restrict or terminate your access to this Website and Software at any time.

11.5 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

a. Your use of, reliance upon or inability to use this Website, Software, or content;

b. The deletion with or without notice or cause of any of your data or information stored on this Website or Software;

c. Any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Website or Software at any time;

d. The removal from this Website or Software of any content or communications sent or posted by you on or via this Website or Software;

e. Any circumstance that is outside of our reasonable control; and

f. Any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.

11.6 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.

12. Indemnity

12.1 You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms of Use or your use of this Website or Software.

13. Contact us

13.1 We have a number of links on this Website and Software. These may take you to other websites or software from other third parties who may integrate to superapi.com.au Website or Software. The purpose of these links is to provide you with easy access to further information you may need in making important decisions. In no circumstances do we make representations about the accuracy of any information contained on any other websites or Software. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party site.

13.2 If you have any questions concerning this Website, Software or the services and products we provide, please contact us.

14. General

14.1 If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.

14.2 You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.

14.3 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and Software and supersedes any prior agreements (including any previous terms of use of this Website).

15. Governing law

15.1 These Terms of Use and your access to and use of this Website and Software is governed by and will be interpreted in accordance with the laws of Victoria, Australia.

15.2 Each of you and us submits to the non-exclusive jurisdiction of the courts of Victoria, Australia in connection with these Terms of Use and your access to and use of this Website and Software.