Acceptance of Conditions

By using the services of Super Health Co Pty Ltd ACN 673 514 899 (“Company”), you acknowledge that you have read and agree to the following Terms:

1. Defined terms

In these Terms:

Application means your application to the ATO to release your superannuation entitlements early on Compassionate Grounds.

Applicable Laws means the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation Industry (Supervision) Regulations 1994 (Cth), and any other laws, statutes, regulations, or ordinances relevant to the Application or superannuation benefits.

ATO means the Australian Taxation Office.

Company means Super Health Co Pty Ltd ACN 673 514 899.

Compassionate Grounds means the need to access superannuation entitlements to meet expenses for:

• medical treatment for you or your dependant;
• medical transport for you or your dependant;
• modifying your home or vehicle to accommodate special needs arising from your or your dependant’s severe disability;
• palliative care for you or your dependant’s terminal illness;
• death, funeral or burial expenses for your dependant; or
• preventing foreclosure or forced sale of your home.

Loss means all losses, liabilities, damages, claims, expenses (including legal expenses) or costs of any nature, whether direct, indirect, incidental or inconsequential.

Personal Information has the same meaning as given under the Privacy Act 1988 (Cth).

Personnel means an employee, agent, officer, director, contractor, subcontractor or authorised representative of the Company.

Privacy Policy means the privacy policy of the Company published on the Company’s website from time to time.

Related Entity has the same meaning as given in the Corporations Act 2001 (Cth).

Services means one (1) virtual consultation with the Company to assist you with completing your Application, as detailed in clause 2.

Supporting Documentation means any medical reports held by the Company or any Related Entity, that are required for the Application.

Terms means these terms and conditions, which govern your use of the Services.

2. Services

2.1 Prior to using the Services, you warrant to the Company that:

• you have contacted your superannuation fund to confirm that you are eligible to make the Application and that your superannuation fund allows for an early release of your superannuation entitlements;
• you have confirmed your superannuation balance with your superannuation fund and that your superannuation balance is sufficient to cover any taxes, expenses or fees associated with the Application, including any applicable withholding tax;
• you have obtained all necessary forms, evidence and documentation required by the ATO or your superannuation fund to support the Application;
• you have sought independent financial advice, where appropriate, on the financial or taxation implications associated with the Application, including any impact the Application may have on insurance coverage attached to your superannuation benefits.

2.2 In providing the Services, the Company will:

• Consult with you via one (1) virtual appointment. This will include co-browsing and screen sharing while you complete the Application, and answering any queries you may have (that the Company is able to assist with) in relation to your Application;
• if required to support your Application, and where possible, provide you with the Supporting Documentation; and
• be listed on your Application as an authorised third party contact with the ATO, for the purposes of responding to or clarifying any queries the ATO may have in relation to the Supporting Documentation.

2.3 You acknowledge that:

• in providing the Services, the Company is only providing you with administrative support to assist you with completing the Application;
• The Company cannot provide you with any financial or taxation advice, or advice on the prospects of the Application itself;
• it is your Application that you are submitting directly to the ATO, and the Company is not (in any way) acting as your agent or authorised representative;
• once you have submitted the Application, it is your responsibility to follow up the ATO on the outcome of your Application;
• if your Application is approved by the ATO, you will need to advise your superannuation fund directly of the ATO’s approval and complete any further requirements that your superannuation fund has in order to have your superannuation benefits released;
• the Company is not affiliated with or endorsed by the ATO or any superannuation providers;
• you are not required to make any payment to the Company for the provision of the Services;
• in submitting the Application to the ATO, you must ensure that your Application complies with all Applicable Laws. You warrant to the Company that you have, and will at all times, continue to comply with the Applicable Laws;
• the Company does not and cannot warrant that the Supporting Documentation will be sufficient for the purposes of your Application. It is your responsibility to provide the ATO and your superannuation fund with all necessary documentation and evidence required for your Application;
• you may be liable to pay tax on the withdrawal of superannuation benefits; and
• you will list the Company as an authorised third party contact on your Application, for the purposes of allowing the Company to respond to any queries the ATO may have in relation to the Supporting Documentation.

3. Co-browsing

3.1 In providing the Services, the Company’s Personnel will be able to access and view your active web session along with you, to a limited extent, in order to provide you with live assistance in completing your Application

3.2 The Company’s Personnel will have access to and control of your web page for the purposes of uploading the Supporting Documentation, but will otherwise not have control of your web pages or device for the remainder of your active web session.

3.3 You may end your active web session at any time by closing your browser window. Your co-browse session will automatically be terminated at the end of your call with the Company’s Personnel.

3.4 You (not the Company) are responsible for all your and any third-party software, hardware and services used in connection with the Services. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Services, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms.

4. Liability and Indemnity

4.1 The Company is not liable for any Loss you sustain arising from, or in connection with:

• the Services;
• the Application, including any outcome connected with the Application; or
• these Terms.

4.2 You agree to indemnify, defend and hold harmless the Company, its Personnel and any Related Entity of the Company, from and against any and all claims, liabilities, losses, direct, indirect, or inconsequential damages, expenses, and costs (including reasonable legal fees) arising out of or in connection with:

• the Services;
• your failure to comply with these Terms;
• the Application; or
• any failure on your part to comply with the Applicable Laws.

4.3 The indemnity under clause 4.2 above is a continuing obligation, separate and independent from other obligations imposed under these Terms, and survives completion of the Services.

5. Privacy

5.1 Your use of the Services is governed by the Company’s Privacy Policy, which complies with the Privacy Act 1988 (Cth).

5.2 By using the Services, you consent to the collection and use of your Personal Information as described in the Company’s Privacy Policy.

6. General

6.1 These Terms are governed by and are to be construed in accordance with the laws of Queensland. Any disputes that arise in relation to these Terms will be subject to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts.

6.2 Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under these Terms by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under these Terms.

6.3 No waiver of a breach of a clause of these Terms operates as a waiver of another breach of that clause or any other clause of these Terms.

6.4 These Terms may be signed by using electronic execution platforms, in any number of counterparts and by the parties on separate counterparts. Each counterpart together will constitute one instrument.

6.5 If at any time a provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:

• the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or
• the legality, validity or enforceability under the law of any other jurisdiction of that or any provision of these Terms.