Website and Mobile Application Terms of Use

1 December 2023

Superhero Markets Pty Ltd (ABN 36 633 254 261) (CAR No. 1276309) and Superhero Super Pty Ltd (ABN 40 667 649 854) (CAR No. 1306018), Corporate Authorised Representatives of Superhero Securities Limited (ABN 96 160 456 315) (AFSL No. 430150).

1. Our website and mobile application

This website and web application (Website) as well as our mobile application (Mobile App) are owned and operated by Superhero Markets Pty Ltd (ABN 36 633 254 261 | CAR No. 1276309) (Superhero Markets), Superhero Super Pty Ltd (ABN 40 667 649 854 | No. 1306018) (Superhero Super) and its related bodies corporate (Superhero, us, we or our). Superhero Markets and Superhero Super provide financial services as Corporate Authorised Representatives of Superhero Securities Limited (ABN 96 160 456 315) (AFSL No. 430150).

Your access to, and use of, our Website and Mobile App is subject to these terms and conditions, our terms and conditions (Terms and Conditions), and any notices, disclaimers or other terms and conditions or statements contained on our Website or Mobile App. By using, browsing or accessing any part of our Website or Mobile App, or by viewing any material contained on our Website or Mobile App, you agree to be bound by these terms and conditions.

Superhero may, at any time and at its sole discretion, vary these terms and conditions without notice to you. By subsequently accessing our Website or Mobile App, you are agreeing to the varied terms and conditions.

2. General advice warning

All information and material contained on our Website and Mobile App is general in nature and does not consider your financial situation, investment needs or objectives. The information does not constitute personal financial advice, nor a recommendation or opinion that a security or service is appropriate for you. You should seek independent and professional tax and financial advice before making any decision based on this information.

All information displayed on our Website and Mobile App, including, but not limited to, product and service information, fees, and security prices, is subject to change at any time without notice.

3. Applicable law

Our Website, Mobile App and these terms and conditions are governed by the laws in force in the State of New South Wales in Australia. You submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia in respect of any disputes arising from your use of the Website or Mobile App under these terms and conditions.

Our Website and Mobile App are intended for members of Superhero only, and the information on our Website and Mobile App is not directed at, or intended for distribution or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local laws or regulations.

4. Intellectual property

All copyright, database rights, trademarks, and other intellectual property rights in the contents of our Website and Mobile App are owned by Superhero or a third party (including our licensors). Such content may include, but is not limited to, all designs, text, images, graphics and software on our Website or Mobile App.

Except as permitted under applicable law or by these terms and conditions or the Terms and Conditions, you must not reproduce, adapt, modify, upload to a third party, link to, transmit or distribute any information or content on our Website or Mobile App without our specific written consent.

‘Superhero’ and ‘Your Money. Your Move.’ are registered trademarks of Superhero Financial Services Pty Ltd (ABN 61 625 469 981).

5. Disclaimer and limitation of liability

Superhero does not represent or warrant that our Website, Mobile App or any linked site is free from computer viruses or malware, nor does it take responsibility for any loss or damage of any sort (direct or indirect) which may result from such computer viruses or malware.

To the maximum extent permitted by law, Superhero shall not be liable for any errors, omissions, defects or misrepresentations in the information displayed on our Website or Mobile App, and disclaims liability for any loss, damage, cost or other expense arising either directly or indirectly as a result of your reliance on, use of, or inability to use, any information displayed on our Website or Mobile App.

Our liability for negligence, breach of contract or contravention of any laws as a result of any technical difficulties impacting any part or all of our Website and Mobile App, which cannot be lawfully excluded, is limited to rectifying any such technical difficulties as soon as practicable.

6. Indemnity

You agree to indemnify Superhero Markets, Superhero Super and its related bodies corporate, and each of their directors, officers and employees, in respect of all loss, damage, cost, claim or demand, including reasonable legal fees, fines, penalties or expenses incurred or suffered by us in connection with your use of the Website or Mobile App in breach of these terms and conditions or the Terms and Conditions.

7. Third party information and trading data

Our Website and Mobile App may contain market data or other information from third parties, including hyperlinks to other websites. Such data or information is not under our direct control and has not been verified by us. Neither Superhero, nor the relevant third party provider, makes any representation or warranty as to the accuracy, timeliness, reliability, appropriateness or completeness of any third party data or information.

You acknowledge that any such data or information is proprietary to us and/or the relevant third party provider, and you must not reproduce, adapt, modify, upload, link to, transmit, or distribute any such data or information to third parties, except as may be permitted by these terms and conditions, the Terms and Conditions, or any applicable laws or regulations.

8. Web application

You may incur charges from your mobile service provider for using our web application. Superhero accepts no responsibility for any such charges.

We accept no responsibility for any connectivity issues, errors or disruptions caused by your mobile service provider that may affect the performance or functionality of our web application.

9. Privacy and security

You are responsible for protecting your privacy when using our Website or Mobile App by maintaining the confidentiality of your login details and restricting third party access to your account in accordance with our Terms and Conditions. You should not access our Website or Mobile App from a public or shared computer or mobile device.