In these Terms and Conditions, ‘us’, ‘we’ and ‘our’ means MSMF Pty Ltd.
The information in these Terms and Conditions and on our website is directed to residents of Australia only, and is not an offer or solicitation for the purchase of securities, units or investments.
When you register we will provide you with an email explaining the next steps.
To create an account, you warrant that:
- you and each SMSF member, trustee and director is at least 18 years of age;
- each proposed SMSF member, trustee and director is a resident of Australia for income tax purposes;
- you possess the legal right and ability to enter into a legally binding agreement with us; and
- you agree to use the website in accordance with these Terms and Conditions.
- No advice warning
The Information contained on this website is of a general nature only and has not been provided in any way to take into account any investor’s personal circumstances, financial situation, objectives or needs. My Super My Future Pty Ltd (“MSMF”) does not provide personal financial product advice nor recommend any financial products. This includes any financial products which are established as a result of MSMF’s account set up procedure. If the investor is considering the acquisition of a financial product you should obtain the related Product Disclosure Statement (PDS) of the financial product and make your own determination about acquiring that financial product after reading the PDS.
Before you acquire any financial products or services you should review these products by obtaining the relevant disclosure documents relating to those products and consider the documents comprehensively. It is also recommended that you seek professional advice from a financial adviser, accountant and/or legal adviser before making any decision to purchase any financial products.
MSMF provides links to the disclosure documents of financial products that may be related to an SMSF and takes basic steps to ensure that these links are current and reliable. However, MSMF does not take any responsibility for the information contained within these documents or for any inaccuracies, errors or omissions. Before making any investment decision, you should consider the relevant disclosure documents. If you have questions in relation to any financial product or the information contained within any disclosure document you should contact the financial product issuer.
In any event, if you have any doubt about legal (including tax) matters, you should obtain independent legal advice on an SMSF generally and on any documents obtained through MSMF.
- MSMF’s services
When you register and complete the online set up forms to register with MSMF you agree to these Terms and Conditions. MSMF provides a range of services through its website, including those listed below. When accessing our website and engaging MSMF to provide you with any services, you agree to the following terms:
(a) SMSF Administration
When you request that MSMF refers you to an SMSF administration service, you acknowledge and agree that:
- you have read, understood and accepted all terms and conditions provided by MSMF and/or Triple A Super Pty Ltd Pty Ltd ABN 94 139 756 853 (TAS) that may be related to the services being provided by either MSMF or TAS whether via its website or directly.
(b) SMSF Advice
When you request that MSMF refers you to an SMSF adviser, you acknowledge and agree that:
- you have read, understood and accepted all terms and conditions provided by MSMF and/or Mandalay Wealth Management Pty Ltd ABN 31 132 276 576 (MWM) that may be related to the services being provided by either MSMF or MWM whether via its website or directly;
- you have read and understood the risks associated with acquiring financial products including your obligations as a trustee of the SMSF;
- MSMF has not recommended that you acquire financial products and that you have elected to do so after personally researching and considering all risks and obtaining professional advice from a financial adviser, accountant and/or legal adviser where required; and
(c) Management fee
The management services provided by MSMF and/or its partners are detailed in the establishment documents provided to you when setting up your account with MSMF. A fee schedule detailing the Management Fees is provided in the MSMF Fees section of these Terms and Conditions.
MSMF does not receive and never will receive commissions for the provision of their service.
The Annual Management Fee is reviewed annually by MSMF. If there is any change to the Annual Management Fee you will be notified by MSMF.
- Mandalay services
All SMSF accounts that opt for the administration and advice service will be referred to MWM.
Below are links to the MWM Transaction Documents for the Cash Management Account and Online Trading Account and the relevant Financial Services Guide (FSG) for each.
It is important to remember that the trustees of the SMSF – being you and/or any other trustee that you appoint as a trustee of your SMSF – control the SMSF and make all investment decisions. You need to understand what you can and cannot invest in through your SMSF. MSMF is not responsible for any loss resulting from establishing and running your SMSF including the adverse performance of your SMSF investments. MSMF provides a no advice limited referral service only. You should always remember that you have total control of your SMSF and that MSMF does not manage, control or have access to any of your SMSF investments or accounts.
- Termination of services
You can terminate the services provided by MSMF and close your account at any time and for any reason by notifying MSMF in writing. When you terminate your account with MSMF, we will cease to be your registered tax agent.
MSMF can also terminate your SMSF as an account holder at any time and for any reason by notifying you in writing. Any fees prepaid by your SMSF will be refunded to you in this instance. No further financial obligation will be payable by MSMF to your SMSF in the event of termination by MSMF.
- MSMF fees
|Administration Only Application Fee||$440||Once off upfront|
|Administration Management Fee||$1,760||Once off upfront|
|Advice Fee Application||$660||Once off upfront|
|Advice Management Fee||$145||Monthly|
Where applicable, the fees set out above are expressed on a GST-inclusive basis.
The Administration Only service will include both the Administration Only application fee plus the Administration Management fee.
The Administration plus Advice service will include the Administration Only application fee, the Administration Management fee and the Advice Fee application as a once off upfront payment.
- Collection notice
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide some or all of our services to you.
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at firstname.lastname@example.org.
- Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. You expressly release MSMF from any and all liability arising from your use of any third-party website, service or content. Additionally, your dealings with or participation in promotions of advertisers found through our services are solely between you and such advertisers. You agree that MSMF will not be held responsible or liable for any loss or damage of any sort resulting from or in connection with your dealings with such advertisers.
- Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, MSMF does grant you a limited licence to access the website and view the Content on the terms set out in these Terms and Conditions and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matters covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
- Commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
- Unacceptable activity
You must not do any act or commit any omission that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
- Warranties and disclaimers
The products and services we make available to you are not designed or intended for use (and must not be relied on) as a substitute for legal or any other professional or commercial advice in relation to superannuation or investment reporting, compliance or other matters. The provision of products and services by us does not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth).
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by statute which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
If a Non-Excludable Condition is implied or imposed in relation to these Terms and Conditions and cannot be excluded, and we are able to limit your remedy for a breach of the Non-Excludable Condition, then our liability to you for breach of the Non-Excludable Condition is limited to one or more of the following at our option: (i) in the case of goods, the replacement or repair of the goods or payment of the cost of replacement or repair; and (ii) in the case of services, the re-supply of the services or payment of the cost of re-supply of the services.
You will indemnify us and our employees, officers, agents and contractors from and against any claim, proceeding, loss, damage or expense arising out of or in connection with your willful misuse of our website or Content or your willful breach of these Terms and Conditions.
- Jurisdiction and governing law
Your use of the website and these Terms and Conditions are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.