This mobile application (App) is provided by IOOF Service Co Pty Ltd ABN 99 074 572 919 25 (a wholly-owned subsidiary of Insignia Financial Ltd ABN 49 100 103 722) (IOOF). The provider of the information within the App is NULIS Nominees (Australia) Limited ABN 80 008 515 633, AFSL 236465 Trustee of MLC Super Fund ABN 70 732 426 024 referred to in these terms of use (Terms) as “NULIS”. All references to “we”, “us” and “our” refer to MLC unless otherwise stated. The following Terms apply to your use of this App and any other services that we or NULIS provide through the App. By installing, accessing and using the App, you’re deemed to have read and agreed to these Terms.  If you don’t agree to these Terms, you must not use the App.

We may modify, update or otherwise alter these Terms with or without notice to you. We’ll publish the current version of the Terms in the App, or you may obtain a copy by contacting us. We recommend that you check for updated Terms from time to time. You agree that any updated Terms will apply from the time that they’re published in the ‘Settings’ section of the App. If you don’t agree to these Terms, you must cease accessing and using the App and uninstall it from your device immediately.

1. Licence grant

Subject to these Terms, we grant you a non-exclusive, world-wide, non-transferable, limited licence to download, perform, access, use and display the App and use the information and materials accessed or provided through the App (Materials) for your personal, non-commercial, informational purposes only. Other than as set out in these Terms, we reserve all of our rights in and to the App, and all Materials.

2. Use of the App

The App may only be used with a compatible iOS and Android device. To use the App, you’ll need to ensure that the App has access to the Internet through your device, including being able to access the data connection through your device. If you don’t permit the App to access and use the data connection on your device, then you won’t be able to use the App and/or access the full features of the App. We may change the minimum technical requirements for use with the App at any time and without notice to you.

The App is designed to provide you with a simple and convenient way of checking the details of your accounts with Plum (Account), and to access and retrieve information about your Account (Services).

If you don’t have an Account and haven’t completed an online registration on the Plum website you won’t be able to use the App. The App is for use by Plum superannuation customers only. For full access to your Account details or to maintain your Account, you will need to go online at plum.com.au, and log in to your account.

You acknowledge that the App doesn’t work in conjunction with all Plum products. The App is for use by members of Plum Super.

We may update the App from time to time, and you may need to install an update to be able to continue to use the App.  We make no guarantee as to the speed, reliability, or other performance of the App. The performance of the App depends on various factors, including the functions, capacity and configuration of your device, the speed of your internet connection, and the number of users accessing the systems which support the App.

3. Restrictions

You agree to comply with all relevant laws in your use of the App. Unless required by law or as otherwise expressly permitted in these Terms, you must not (and must not attempt to or authorise any other person to) directly or indirectly in connection with the App:

• use the App for the provision of financial product advice;
• copy, alter, amend, modify, add to, merge, store, print, publish, distribute, commercialise, adapt, create derivative works from, adversely affect, reverse engineer, hack or insert malicious code into the App or any content in the App, including but not limited to extracting data from the App through any automated means;
• decompile, dissemble or otherwise attempt to discern the source code of the App;
• combine the whole or any part of the App with any other software, data or material;
• remove, alter, circumvent or tamper with any trademarks, copyright notices, technological protection devices, disclaimers or other legal notices in the App;
• interfere with the operation of the App or the infrastructure that we use to support or operate the App, including degrading the performance of such infrastructure of the App;
• engage in any conduct which is in our reasonable opinion illegal, fraudulent, defamatory, abusive, offensive, would infringe another person's rights (including intellectual property rights), or that we otherwise reasonably deem to be inappropriate or a misuse of the App;
• send commercial electronic messages or any other unsolicited communications of any kind to any person using, or in connection with, the App (or use information obtained from the App in order to do so);
• upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer  software or hardware including the App;
• impersonate any person or entity;
• introduce viruses, trojan horses, time bombs or other elements that may damage or interfere with the App or its operation; or
• breach any applicable laws or regulations in connection with the App.

4. Security information and obligations

You’re responsible for protecting your device and safeguarding against any unauthorised access to your Accounts through the App.

The App may store your username so that you’re not required to input your username each time you login to the App. By enabling this feature, you acknowledge that you understand the risks associated with storing your username in the App. For example, if a third party accesses your device, then that person will only need your password to access your Account through the App.

You may log in to the App by using your email address or member number, or your device’s fingerprint or facial identification authentication capability (if available).

You agree that any access and use of the App through fingerprint authentication or any other means is taken by us to be an access by you, and that you’re responsible and liable for all such access. If you’re not the only person with a fingerprint stored on your device, you shouldn’t use this feature. You can enable and disable the ability to log in to the App using fingerprint authentication within the ‘Settings’ section of the App at any time.

You:

• must keep your login details and your password secret and confidential;
• must not permit any other person to use the App on your device;
• must notify us immediately if you suspect or become aware that your login details or password have been obtained or used by a third party without your authorisation;
• acknowledge and agree that you’re solely responsible and liable for all actions, omissions or instructions through your use of the App; and
• should log out after each session.

The App allows you to register an unlimited amount of devices to use with your Plum profile. You can only de-register a device by using the device you used to register for the App.  

We don’t guarantee that the App is secure or that your access will be continuous and uninterrupted.  You acknowledge and agree that we won’t be liable for any damage or loss caused as a result of any failures in this regard.

5. Fees and charges

You’re responsible for all third party charges that you incur to use the App (for example, data and other charges charged by your service provider in connection with downloading and using the App). 

6. Disclaimer

Any advice and information in the App is general only, and has been prepared without taking into account your particular circumstances and needs. Before acting on any advice in the App you should assess or seek advice on whether it is appropriate for your needs, financial situation and investment objectives.

You should consider the relevant Product Disclosure Statement or other disclosure document relating to your product or service before making any important decisions about them. You can obtain a copy by calling Plum on 1300 55 7586.

To the extent permitted by law, IOOF and NULIS excludes from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.

Except for any liability that can’t be excluded by law, IOOF and NULIS are not liable for any loss or other consequences arising from or in connection with:

• any damage to your device as result of accessing or attempting to access the App;
• interruptions to, or unavailability of, the App;
• the accuracy of any information in the App including the Materials (although all reasonable care has been taken in producing this information);
• any action taken or not taken by you or a third party in reliance on the App or any information in the App including the Materials; or
• your downloading, installation and use (or inability to download, install or use) the App, including, without limitation, any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation and any and all indirect, special, consequential, punitive or exemplary losses.

To the extent permitted by law, IOOF and NULIS’s liability is limited to resupplying the Services accessible through the App or for paying for the resupply of the App or any part of it.

7. Privacy

We may collect, use and store your personal information in accordance with these Terms, Insignia Financial’s Privacy Policy, and applicable legislation as amended from time to time.

Insignia Financial’s Privacy Policy (which both IOOF and NULIS are governed by) contains more information about how we use, manage and protect the personal information we hold about you and sets out how you can access and correct this information.

Insignia Financial Privacy Policy

The App will collect information on your device model and operating system. We’ll also collect analytics to determine how the app is being used including app crashes to provide data to continually optimise the App.

8. Intellectual property

You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs – whether registered or unregistered) in the App are vested in us or our licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in us will inure to us.

9. Apple notice

If you download the App through any application store provided by Apple Inc., or any of its subsidiaries or affiliates (collectively “Apple”) you acknowledge that the additional terms contained in this section are applicable.

The parties acknowledge that these Terms are concluded between us and you only, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof.

The license granted in section 1 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

The parties acknowledge that we are solely responsible for providing any maintenance and support services with respect to the App that are specified in these Terms or required under applicable law, and that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty that is not effectively disclaimed by these Terms will be our sole responsibility.

The parties acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.

The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with any applicable third party terms of agreement when using the App.

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.

Please contact Plum on 1300 55 7586 for any questions, complaints or claims with respect to the App.

10. Termination

We may change the App, or any part of it, including Materials contained in the App, at any time and without notice. NULIS may also change the products, programs, services or prices (if any) described in the App, at any time without notice.

We may restrict, suspend or terminate your access to parts or the entire App without notice or liability with immediate effect, which may result in the destruction of all information associated with your App account.

We may terminate the authorization, rights and license given above at any time and, upon such termination, you must immediately cease using the App and destroy all Materials.

11. Governing law

Your use of the App and these Terms is governed by the laws of Victoria, Australia, without giving effect to its conflict of laws provisions. You submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts of appeal from them.

12. Severability

If any part of these Terms is invalid or unenforceable, that part will be severed and won’t apply, but the remainder of these Terms will continue to operate.

13. Notices

All references to "writing", "notices", and "notification" and all similar ends related expressions will cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent whereby it will be considered received unless clear indication of non-receipt has been received.