Mercer KiwiSaver scheme, Mercer Flexisaver and Mercer Super Trust

Terms and Conditions for use of the www.mercerfinancialservices.co.nz website by Members of the Mercer KiwiSaver scheme, Mercer FlexiSaver and Mercer Super Trust (“Schemes”) as managed by Mercer (N.Z.) Limited ("the Provider").

It is important you read and agree to the following Terms and Conditions before you use this website, www.mercerfinancialservices.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 therefore encourage you to read them on a regular basis. We last revised these Terms and conditions on November 2020.

This site is made available by Mercer (N.Z) Limited (NZBN 9429040873121).

This Site provides general financial product information 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 an appropriately authorised financial adviser before making an investment decision.

Before making any investment decision, you should read and consider the Product Disclosure Statement (“PDS”) for any products you are considering and other materials applicable to your membership in a Scheme. A copy of the relevant PDS is available www.disclose-register.companiesoffice.govt.nz.

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 that:

1. Any personal or sensitive information you provide via the Site will be collected, used and disclosed in accordance with our Privacy Policy
2. If the Provider has requested that you be able to view and/or change your Scheme account ("Account") details via the Site ("Service") you will be provided with personal login details that will permit access to the Service.
3. Access to your Account and/or Scheme information (as the case may be) will be provided through this Service to any person using your personal login details. You must therefore do everything necessary to protect your personal login details from disclosure to any other person.
4. Any action or request made by the user of your personal login details ("Instruction") will be deemed to have been made by you and the request will be carried out by the Provider without further enquiry. You will be responsible for all Instructions and any consequential transactions using your personal login details whether authorised by you or not. The Provider shall not be liable for acting on an Instruction.
5. Unless you are an authorised Mercer employee, you will not attempt to access any Scheme Account details that do not relate to you personally and will notify the relevant Scheme Helpline on 0508 MERCER (0508 637 237) ("Site Contact") immediately if you become aware of any such unauthorised access or attempted access. An authorised Mercer employee is a person who has been authorised by Mercer to be able to view the Scheme Account details of members of the Schemes via the Site. If you are an authorised Mercer employee you will not attempt to access any KiwiSaver or superannuation account details beyond the level of access permitted by the Provider 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.
6. You must notify the Site Contact immediately if you become aware that your personal login details have been lost, stolen or forgotten or have become available or known to a person other than yourself.
7. Upon request by the Provider or in the event of clauses 4 or 6 occurring, you must immediately contact us.
8. You will notify the Site Contact in writing if you want your access to the Service suspended or cancelled at any time.
9. 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.
10. Your use of and/or access to the Site or Service may be interrupted, varied, suspended or cancelled by the Provider at any time without notice or for reasons beyond the Provider's control and you agree that the Provider will not be liable for any interruption, variation, suspension or cancellation.
11. The Site and Service content has been compiled in good faith by the Provider but no guarantee is given (either express or implied) regarding reliability, timeliness, completeness or accuracy of the information contained in the Site and Service at any particular time. All information available via the Site and Service is subject to change without notice.
12. Certain information on the Site or Service belongs to parties other than the Provider. The Provider does not claim authorship of such information and duly acknowledges the copyright of other parties where applicable. The Provider shall not be liable if you rely on any information obtained via the Site or Service.
13. While the Provider will endeavour to keep the Account and information available via the Site and Service up to date, there will be times when this is not the case. The Provider is entitled to treat any information received from you as reliable, accurate, complete and up to date.
14. You must not rely upon, act upon, give or make available to another person any Account and information (whether electronic or otherwise) from this Site or Service without first having that Account and/or information verified in writing by the Provider.
15. By activating any hyperlinks in this Site or Service, you may leave this Site and go to other websites that are not under the control of the Provider. The Provider does not accept any responsibility or liability in respect of material contained in other websites and does 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 Provider. 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.
16. The information in relation to the Mercer KiwiSaver scheme, Mercer FlexiSaver and Mercer Super Trust on the Site is intended for New Zealand citizens or those people entitled to live in New Zealand indefinitely who are living in New Zealand only. These products and Services offered on the Site are only offered to New Zealand or those people entitled to live in New Zealand indefinitely who are 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.
17. The Provider uses reasonable efforts to maintain the Site and 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 Site or Service or access via the Site or Service is stored securely by the Provider on its data servers however you acknowledge no computer system or information can ever be fully protected against every possible hazard and the Provider shall not be liable for any loss occasioned by unauthorised access, destruction, misuse or improper disclosure of your data and/or Account details.
18. You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses and the like into the Site or Service when accessing, providing or downloading information via this Site or Service.
19. Except to the extent required by law, the Provider and its related companies make no representations or warranties, express or implied, that the Site or Service is fault free or as to the continuity, accessibility, reliability or efficiency of the Site or Service prior to, during or after your acceptance of these Terms and Conditions, or the suitability of the Site or 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 Site or Service. You enter into these Terms and Conditions at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by the Provider, or any related company of the Provider.
20. The Provider will not be liable if you breach these Terms and Conditions or your use of the Site and Service causes loss, damage or injury to you or any other person or entity. You agree to indemnify the Provider 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 these Terms and Condition or your use of the Site and Service.
21. 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.
22. Except where otherwise stated, the copyright and intellectual property rights relating to the content of the Site or Service belong to and remain the property of the Provider. The granting of access to the Service by the Provider 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 Provider.
23. The performance of the investments contained on or referred to in this Site and Service are not guaranteed by the Provider, any of its related companies or any investment manager. The investments are subject to the rise and fall of the market. Past performance is not indicative of future performance.
24. Material on the Site and Service may contain general information about the Provider's goods and services. This information does not constitute an offer or inducement to enter into a legally binding contract.
25. For the purposes of this Clause "Messages" means all mail items of any description transmitted by electronic means between the Provider and you via the Service. You acknowledge that you may submit Messages to the Provider and that you are responsible for confirming receipt of the Message by the Provider. If you do not receive confirmation of receipt or response from the Provider regarding your Message you should assume that the Message was not received by the Provider and you should re-send the Message or follow up the Message by other means.

Please also read our Privacy Policy, which sets out how we collect, use and disclose personal or sensitive information about you.