Terms & Conditions

Who is Quicken?

Quicken is a leading provider of financial and business management solutions around the world - with operations in Australia, New Zealand and throughout Asia.

Quicken continues to revolutionise the world of business and personal finance by developing and publishing award-winning software. The Quicken range of products benefits from the millions of dollars that US software giant, Intuit, invests into product development each year.

Our goal is to create new ways to manage business and personal finances that are so easy to use - our customers can't imagine going back to their old ways.

Quicken Limited, trading as Quicken Australia , is publicly listed on the Australian Stock Exchange (ASX symbol RKN).

What is Quicken SuperLink?

Quicken now brings you an easier way to manage your superannuation obligations, with Quicken SuperLink.  Quicken SuperLink facilitates the transfer of information and payments between you, the employer, and all the required Superfunds of your employees.  No more writing cheques or printing reports to send to the Superfunds.  You can now process superannuation contributions to the Superfunds each time you do a payroll with no additional costs. 

The process end to end is automated and once the payroll data is imported into SuperLink there is no further human intervention, even for cheques which have a specific secure solution in place to handle. 
The electronic message will then be sent via a secure internet connection, to Quicken SuperLink for processing to your employee’s superannuation funds on your behalf.  A single debit is made to your nominated business bank account for the total of all superannuation contributions contained in each message. 

The technology for Quicken SuperLink is provided by Intrepid Internet Services Limited. Quicken Australia has an agreement with Intrepid to distribute the technology. Intrepid receives a royalty percentage from Quicken Australia . Westpac Limited (the Sponsoring Financial Institution) provides the technology that aggregates payments for the solution. For this it receives a fee from Quicken Australia.

Intrepid and Quicken Australia do not hold Australian Financial Services Licenses. Intrepid and Quicken Australia are providers of technology to manage and administer personal finances but they do not deal in financial products and do not provide legal advice. The list of Super funds in the technology is not a recommendation and nor is there a default fund (which is the case with some competing products). The choice of Superfund remains with your employee.

Any advertisements for financial services or products displayed are not recommendations. They are advertisements paid for under arms length agreements. We receive no commission for any services or products sold.

Significant Risks

Security
Unless you take adequate security precautions, it could be possible for an unauthorised party to gain access to your Quicken SuperLink you use and view your information or send us instructions using your authorisation password.  You should reduce this risk by taking appropriate steps to protect access and authorisation passwords.

Systems
If system failure occurs due to technology employed by either Quicken or our business partners involved in the provision of Quicken SuperLink.  This could potentially result in risks to you and your business such as:

• Delayed Superannuation contribution processing could result in contributions not being credited to employee super funds accounts when expected.  In particular where quarterly super guarantee contributions are due by the 28th of; January, April, July and October.  To reduce this risk we recommend that contribution processing be sent to us as early as possible.

Costs

* Inc GST

What to do if you have a concern?

Contacting Us
You should contact us immediately if you suspect an error has occurred in a transaction or if you experience any other problems concerning the use off Quicken SuperLink.  You should do this by either calling Quicken Customer Service on 1300 QUICKEN (784 253) or emailing customerservice@quicken.com.au or by writing to Quicken Australia , Locked Bag 15, PO Broadway NSW 2007,

What will we do?
We will promptly look into your concern and decide what course of action should be taken.  We will seek to resolve your concerns immediately, however, if that is not possible, we will aim to resolve it within 5 business days.  If this is not possible, we will keep you informed of progress and how long it is expected to take to resolve.

The Agreement

1. Application    

1. Each business that wishes to use Quicken SuperLink must apply separately.
2. Your right to use Quicken SuperLink and to continue using Quicken SuperLink is dependent upon us first approving your application and your ongoing compliance with these terms, especially payment of all fees and ensuring that the details of duly authorised persons to act on your behalf are kept up to date.
3. We will advise you whether your application to use Quicken SuperLink has been approved or declined, but we need not give reasons why an application is declined. We may set a minimum time period before a new application may be made.
4. We will review your application to make sure that you comply with all our requirements, including that you:
   (a) are the registered user of a Complying Quicken Product;
   (b) have a valid ABN;
   (c) pay any applicable application fees to us;
   (d) have passed our internal checks and third party checks, in respect of which you authorise us to obtain all necessary information to check your creditworthiness and other information;
   (e)  have nominated and appointed a contact person duly authorised by you to communicate with and provide instructions to Quicken on all matters relating to Quicken SuperLink and its use, including the authority to process superannuation choices on your behalf via Quicken Superlink; the nominee must be authorised to sign cheques and execute transactions on your relevant bank accounts.
5. We will not accept any changes to information provided by you unless it is in writing on the prescribed forms or documentation and signed by an authorised person on your behalf.

2. Fees

1. All amounts due, including sign on fees and renewals, must be paid by credit card before you will be permitted access to Quicken SuperLink.
2. Amounts payable to us are subject to change. We will generally try and give you 30 days notice of any changes.
3. You are responsible for the payment of all taxes that we may incur on your fees and other payments due to us. These will be charged directly to you or in cases where we have already paid them, you will reimburse us.
4. Fees may be passed on to you where you fail to give us timely notice of any change of details (bank accounts and the like).
5. All fees must be paid in full upfront before your access to Quicken SuperLink will be permitted.
6. All fees are non-refundable even in the event of cancellation, suspension or termination.
7. No Fees in relation to Quicken SuperLink to which you are applying will be payable if your application is declined. We will issue a refund of any monies paid will be refunded to you within 7 days.
8. If you are approved to participate in Quicken SuperLink, you will be given the Quicken SuperLink QuickStart Guide which forms part of these Terms.

3. Privacy and confidentiality considerations

1. Our privacy policy is to be found at www.quicken.com.au/aboutUs/securityAndPrivacy.aspx.
2. Please note that we will need to use your personal and company information to undertake credit and other checks. In this process and for these purposes only, we may hand your information over to third parties. You consent to the sharing of information including your personal information between us and any other third party, which is necessary in relation to your application for, and if you are approved, the ongoing administration of your use of Quicken SuperLink.
3. Following approval and prior to using Quicken SuperLink, you must provide all necessary notifications to your staff in order to comply with your privacy obligations in relation to the provision of personal information to us and third parties as a result of your use of Quicken SuperLink.
4. We do not accept liability for any consequences following from our executing any of your instructions on your behalf.
5. Your right to use and to be a participant of Quicken SuperLink is non-exclusive and is subject to your ongoing compliance with these terms. You acquire no rights whatsoever to any intellectual property owned by Quicken or its suppliers of technology.
   
6. You and your employees, agents, subcontractors and others may not reproduce or modify Quicken SuperLink or any of the technology in Quicken Superlink and you will be responsible to Quicken for any of this sort of conduct by any of your employees, agents, subcontractors and others.
   
7. Should you develop any systems, processes or methodologies from your use of Quicken SuperLink, they will become our intellectual property.

4. Suspension and termination

1. We can suspend or terminate your access to Quicken SuperLink, without notice if:
   (a) You fail to pay any amounts due by any due date;
   (b) Your direct debit authority is cancelled or withdrawn;
   (c) You go into liquidation, take, permit or suffer a step toward going into liquidation, or we reasonably suspect you may do so or we have reasonable concerns about your credit worthiness;
   (d) We receive notification of dispute from one or more of the directors or principals of your Business;
   (e) You fail to remedy a material breach of these Terms (including non payment period of any fees) within 5 Business days of notice from us’
   (f) 3rd party arrangement necessary to Quicken SuperLink cease to exist or in our opinion render the ongoing operation of Quicken SuperLink or part of the service substantially unworkable or non-functional;
   (g) The action of a regulator in our opinion renders the ongoing operation of Quicken SuperLink substantially unworkable or non-functional;
   (h) We believe this is necessary either to protect the security, integrity or reputation of Quicken SuperLink or to otherwise protect our interests;
   (i) A change occurs in your Business, assets or financial condition which in our reasonable option has or may have a material adverse affect on your ability to meet your obligations under these Terms, on our rights under these Terms or on any of our agreements with 3rd parties.
   (j) You no longer use Quicken SuperLink;
   (k) In our reasonable opinion (having regard to voting, rights to receive income or capital, rights to appoint directors and any other matter which we believe relates to effective control) any person or persons who between them as at the date you were first approved to participate in Quicken SuperLink:
      (i) Control you; or
      (ii) Control or beneficially own more than 50% of your ordinary shares or other voting,    income or capital participation rights, ceases or cease to control you or hold or control more    than 50%of those ordinary shares or other rights; or
   (l)  In circumstances set out in relation to Quicken SuperLink?
2. You must inform us if any of the events above have occurred.
3. Suspensions or terminations can be lifted in our discretion subject to your meeting any conditions we might impose.

5. LIMITED WARRANTY

1. Software provided on an 'as is' basis:  Subject to clause 6.1, Quicken provides Quicken SuperLink to you on an "as is" basis and without any representations by Quicken or any of its authorised distributors regarding the use, performance or results of the use, of Quicken SuperLink. We do not warrant or represent that Quicken SuperLink will remain suitable or appropriate for your needs.  Its functionality and your business are likely to change over time and you alone are responsible for making sure that Quicken SuperLink is suitable to your business.
2. Defects in media:  Quicken warrants that the media on which Quicken SuperLink is recorded is free from defects in manufacture for a period of 30 days from the date of delivery.  During this period, if you return Quicken SuperLink to your place of purchase, Quicken will replace any defective media on which Quicken SuperLink was supplied and any Software on that media, free of charge, unless you caused damage to the media due to poor handling.
3. No guarantee that error free or uninterrupted use:  While Quicken has endeavoured to make sure that Quicken SuperLink works substantially as per the specifications published by Quicken from time to time, Quicken does not guarantee that it will work on all computer hardware platforms or configurations and makes no warranty that Quicken SuperLink will be error free, that its use will be uninterrupted or be fit for your purpose.
4. Internet access, telecommunications networks, firewalls and security: Quicken does not guarantee connections to its online activation server as these may be dependent upon third party networks and security measures over which Quicken has no control.

6. LIABILITY

1. Certain rights cannot be excluded:  The Trade Practices Act, 1974 and other laws may imply certain conditions and warranties into this agreement and give you certain rights and remedies that cannot be excluded or modified.  This clause 6, and the limited warranties provided in clause 5, do not exclude or modify any of those rights if to do so would contravene that law or make any part of this agreement void.
2. Exclusion of warranties:  To the full extent permitted by law, Quicken excludes all conditions, warranties and rights that may be implied into this agreement.  If conditions, warranties or other rights for your benefit are implied in this agreement or otherwise conferred by law and it is not lawful to exclude, restrict or modify them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this agreement.
3. Limitation of implied terms:  Quicken's (and its distributors') liability for breach of any implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Quicken, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again.
4. General exclusion and limitation:  Other than as set out in clauses 6.2 and 6.3, and to the full extent permitted by law:
   (a) Quicken (and its authorised distributors) will not be liable to you or any other person for any direct or indirect loss, damages, liability, costs or expenses suffered by you or any other person relating to the performance or non-performance of Quicken SuperLink or any breach of this agreement or the supply of Quicken SuperLink or in connection with, but not limited to, any Online Services, use of tax tables or provision of technical support (whether by telephone or remote access or other means); and
   (b) Quicken's maximum liability for damages arising in connection with this agreement or the supply of Quicken SuperLink is limited to the amount paid by you for Quicken SuperLink in any one year.
5. You agree that Quicken (and its authorised distributors) will not be liable, other than as expressly set out in this agreement, and that you will indemnify Quicken (and its staff and authorised distributors) from any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of Quicken SuperLink (including any claims made against you by third parties) or as a result of any of you or your staff’s negligence, misrepresentation, fraud, breach of law or breach of these Terms.
6. Applicable legislation may be complex in nature and legal and accounting advice should be obtained before taking any action in reliance on Quicken Superlink. Quicken SuperLink is also not financial product advice. If Quicken SuperLink contains features to assist with superannuation guarantee requirements, then Quicken does not warrant that the relevant reports will be compliant with legal requirements, as these change from time to time. In addition any tax tables might be supplied are also changed from time to time and you should consult with your professional adviser before relying on the tax tables.  Quicken does not warrant that the tax tables are up to date at your date of purchase.  In providing you with the tax tables, Quicken is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, you should seek the service of a competent professional.
7. Quicken, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of Quicken SuperLink or not, in respect of anything (including, without limitation, any error in or omission from Quicken SuperLink) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in this Software.
8. To the full extent permitted by law, Quicken and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of any online link available between Quicken SuperLink and another server including without limitation in connection with any Online Services.
9. Quicken makes no warranty or representation in connection with any online services or network connections or third party  conduct or omissions, the responsibility for which rests with the relevant provider of such online or third party services.
10. So, without limiting 6.9 we are not responsible for any delays, whatever the reason, in relation to your use of Quicken SuperLink, for example, delays in processing instructions or delays in payments or delays in data transfers or delays in receipts of data or any dealings with any money held.
11. We are not liable to you for any loss or claim suffered or incurred by you in relation to any failure by you to comply with any regulatory or statutory requirements for superannuation guarantee contributions as a consequence of your use of Quicken SuperLink.
12. We are not liable for any loss or claim for not processing superannuation choice payments due to our inability for whatever reasons to draw funds from your Quicken SuperLink nominated account. 
13. Also, if we cannot comply with this agreement for any cause which could not reasonably be controlled or prevented by us, including strikes, lockouts, labour disputes, acts of God, acts of nature, acts of governments of their agencies, fire, flood, storm, riots, power shortages or power failure, war, acts of terrorism or hostility, sabotages, system failure or disruption, inability to obtain sufficient labour, raw materials, fuel or utilities, lack of telecommunications equipment or facilities or failure of information technology or telecommunications equipment or facilities or suspension or termination of third party agreements or services; then we are not liable to you for any loss or claim.

7. Changes to the agreement and documents

As circumstances change, especially in relation to services provided to us by third parties, we may need to change this agreement and all the accompanying forms (change fees, delete terms, amend terms and the like). If we do make any changes we will give you 10 days notice of those changes. Any delay in giving you that notice does not affect the validity of the changes.

8. Co-operation

1. We require your co-operation with regard to any instructions we may give you in relation to your use of Quicken SuperLink and you agree to follow those instructions. As far as possible these instructions will be reasonable.

9. Notices and other communications

1. Notice or other communications relevant to Quicken SuperLink may be given:
   (a) To us:
      (i) By prepaid post to PO Box   Broadway <Add details here>,
      (ii) By fax
      (iii) By email
      (iv) or to any other postal address, fax number or email address notified by us to you from    time to time.
   (b) To you:
      (i) By prepaid post to PO Box   Broadway <Add details here>
      (ii) By fax
      (iii) By email
      (iv) or to any other postal address, fax number or email address notified by us to you from    time to time.  
2. Please note that you consent to receive any notices by e-mail under this agreement for the purposes of the Spam Act, to the extent that it is applicable, and in these notices we are not obliged to provide you with a means of unsubscribing or opting-out of receiving any future emails sent by us.
3. Notices are taken to be received:
   (a) If sent by prepaid post, on the 3rd Business day after posting;
   (b) If sent by fax, 1 hour after transmission unless the recipient or the sender’s machine notifies the sender in writing within 1 hour from transmission that the fax has not been received or not been delivered; or
   (c) If sent by email, 1 hour after sending unless the recipient or the sender’s machine notifies the sender in writing within 1 hour from sending that the email has not been received or not been delivered.

10.  Miscellaneous

1. This agreement is governed by the laws of the State of New South Wales, Australia.
2. This document and the accompanying forms contain the entire agreement between Quicken and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.
3. Any failure to enforce any rights under this agreement by Quicken is not to be taken as a waiver of those rights.
4. Clause headings are for ease of reference only and do not affect the meaning of this agreement.

11.  Direct Debit Request Service Agreement  

To use Quicken SuperLink and to give effect to the payments required to be made by you under this agreement, you must,

1. to pay Quicken under this agreement:
   (a) set up and keep in place at all times a credit card account;
   (b) ensure that your bank is notified, in accordance with its requirements, that Quicken is authorised to direct debit your account for amounts due to Quicken;
   (c) ensure at all times that there are sufficient funds in the account to pay the amounts due to Quicken under the agreement;
   (d) notify Quicken immediately in writing of any changes to details regarding the account and the direct debit facility to ensure that at all times Quicken remains authorised and is able to collect fees from the account.
2. to permit superannuation choice payments to be directed to the correct super funds:
   (a) set up and keep in place at all times a Quicken SuperLink nominated account in the same name as the business applying for access to Quicken SuperLink;
   (b) ensure that your bank is notified, in accordance with its requirements, that Quicken is authorised to direct debit that account for amounts to be paid to chosen super funds;
   (c) ensure at all times that there are sufficient funds in the account to pay the instructed amounts;
   (d) notify Quicken immediately in writing of any changes to details regarding the account and the direct debit facility to ensure that at all times Quicken remains authorised and is able to initiate payments from the account.
3. The above are all essential terms of the agreement, any breach of which will permit Quicken to immediately terminate the agreement.
4. Note that any termination or default of the direct debit request or insufficiency of funds in any account will result in termination of your access to Quicken SuperLink and no payment instructions will be processed. We will not be responsible for any claims made against you by any persons suffering any loss as a result of payment instructions not being processed.
5. Please notify us immediately if any of your details recorded on the direct debit request change. If you want to change the direct debit arrangements, please contact the Quicken SuperLink Customer Service team on 1300 QUICKEN.
6. If you believe that a debit has been executed incorrectly, you should initially discuss the matter with us by contacting our Quicken SuperLink support team on 1300 QUICKEN during normal business hours (AEST). 
7. If you do not receive a satisfactory response to your issue from us, you should then contact your financial institution to lodge a dispute.

12.  Structure of Relationship

You understand and agree that:

1. we are authorised by you to accept and process any superannuation choice payment instruction sent by you to Quicken SuperLink;
2. we are entitled to assume that the instruction is properly authorised by you if security validations in the software appear to have been authorised by you, so you must keep all login ID’s and passwords to access Quicken SuperLink in the strictest confidence;
3. all payments of money via Quicken SuperLink are executed by you electronically and we have no control over your instructions;
4. we cannot guarantee that intended funds into which superannuation contributions are to be paid will accept Quicken SuperLink as the means for paying your superannuation contributions, but we will do our best to try and get their acceptance;
5. we may, at our discretion, determine not to accept and process any superannuation choice payment instruction;
6. funds equal to the total amount of the superannuation choice payment instructions will be deducted from your Quicken SuperLink for transfer to the chosen super funds via WestPac Limited’s PayDeduct system;
7. once you have sent the superannuation choice payment instructions to Quicken SuperLink, neither instruction, nor payments that it intends to effect may be amended, suspended or cancelled in any way by you;
8. if we receive the superannuation choice payment instructions before the applicable cut-off time on a business day, debiting of your Quicken SuperLink nominated account will occur overnight. If the instruction is received after the cut-off on the designated business day, it will be processed at the next designated time.
9. money transferred out of your Quicken Superlink nominated account will remain in a Quicken SuperLink holding account (operated by WestPac Limited) for a period of 3 business days to ensure the debit will be honoured by the financial institution that holds your nominated account, prior to the distribution of that money and relevant information to the chosen super funds.
10. in respect of payment that is required to be made to a super fund by means of cheque, the amount of money to make this payment will be transferred into the Quicken SuperLink holding account (operated by WestPac Limited) and following the elapsing of the 3 business days required in clause 14.10;
11. payments by cheque to super funds from Quicken SuperLink will occur either monthly or quarterly, depending on the option that you select in Quicken SuperLink;
12. there is no interest payable to you or us for any monies held for the 3 business days holding period;
13. you are responsible for the validity of all superannuation choice payment instructions and associated information sent for processing.  We have no responsibility to check any information contained in the superannuation choice payment instructions;
14. it is your responsibility to ensure that all superannuation choice payment instructions are received by Quicken Superlink within sufficient time to process payments so that any statutory time limits are complied with to so that the relevant super funds will receive payments in time. By way of example, as at the printing of this agreement, Quicken SuperLink requires all the instructions and data to be in Quicken SuperLink by close of business on the 3rd business day after the end of the month in order to ensure payment is made in the required timeframes;
15. it is your responsibility to ensure that all relevant data accompanies the superannuation choice payment instructions, any missing data may result in the instruction being rejected and we cannot assume any responsibility for any loss suffered by any person because of a delay in the instruction being processed, or not being processed at all;
16. It is your responsibility to ensure all relevant statutory or regulatory requirements and approvals are complied with or obtained to enable us to effect the processing of instructions and relevant information.  If we are required to obtain any approvals, you will assist in that process by generally co-operating with us;
17. you appoint us as your agent with full power to contact and liaise with third parties or other persons (including super funds) in relation to your participation in Quicken SuperLink, including to investigate why superannuation choice payment instructions, have not been processed correctly, and to instruct third parties and other persons to remedy any errors identified. We may delegate our power under this agency arrangement, in whole or in part, to any person.  If we request you to do so, you must confirm this agency arrangement to relevant third parties and other persons in writing.  For the avoidance of doubt, nothing done or not done by us pursuant to this agency arrangement creates or increases any liability that would not otherwise be created or increased.

13. Cancellation, suspension and termination of your use of Quicken SuperLink

1. You may cancel your use of Quicken SuperLink by giving us 5 business days written notice. Despite this notice you must keep in place all accounts and direct debits authorities so that any superannuation choice payment instructions sent before your notice of cancellation can be processed.
2. Note that any termination or default of the direct debit request or insufficiency of funds in any account will result in termination or suspension of your access to Quicken SuperLink and there is a risk that no payment instructions will be processed. But upon suspension or termination of your use of Quicken SuperLink, we may nonetheless continue to process any Superannuation Payment Message sent prior to cancellation and we may continue to hold funds of yours pending determination by us of any required or authorised dealings with or applications of those funds in accordance with this agreement or with our contracts with third parties, or any permitted set-off against sums you owe to us, and when such a determination is made, we may deal with your funds in accordance with that determination.
3. All fees are non-refundable even in the event of cancellation, suspension or termination.

14. Special Quicken SuperLink provisions

1. It is necessary for us to have agreements with third parties, including Intrepid Internet Services Pty Limited (technology) and Westpac Limited (payment gateway) in order to provide you with Quicken SuperLink.
2. You thus agree that you will assist us as set out below if these third parties require us to enforce your obligations against you, especially if you are in breach of those obligations.
3. Thus, we may need your assistance and you agree to provide it at our written request in order to:
   (a) debit and credit relevant bank accounts;
   (b) unwind incorrect payments;
   (c) properly execute superannuation choice payment instructions;
   (d) properly deal with confidential information;
   (e) execute relevant indemnities;
   (f)  protect the intellectual property of us, or third parties;
   (g) comply with privacy laws.
4. Your assistance, at your cost,  will include, but not be limited to:
   (a) providing information;
   (b) providing authority or consent;
   (c) providing authorities or consents;
   (d) obtaining information from your staff;
   (e) making payments; and
   (f)  complying generally with reasonable requests.
5. In addition to the limited warranty in this agreement, you acknowledge that we do not and will not give any warranty or make any representation in respect of goods or services, and you undertake that you will not give any warranty or make any representation in respect of goods or services, that may bind the sponsoring financial institution or any other 3rd party.
6. We may, at any time and without notice:
   (a) Prevent the withdrawal or other use or application of money held by us; or
   (b) Suspend or terminate your use of Quicken SuperLink,
   (c) where are required to do so by any agreement with the Sponsoring Financial Institution.
7. Your use of Quicken SuperLink terminates automatically where our agreement with the sponsoring financial institution or a 3rd party in relation to Quicken SuperLink terminates and no substitute arrangements are in place.
8. You acknowledge that there are times and circumstances where 3rd parties are not obliged to make Quicken SuperLink available, and at these times and in these circumstances, you will be unable to use Quicken SuperLink.
9. We are not liable to you for any Loss or Claim suffered or incurred by you arising in relation to any Superannuation Payment Message or other transaction effected in relation to Quicken SuperLink, including fraudulent, unauthorised or mistaken transaction, payment instruction, reversal or error correction.
10. We are not liable to you for any action or inaction of the sponsoring financial institution or a 3rd party in relation to Quicken SuperLink, whether or not under any agreement between us and the sponsoring Financial institution or a 3rd party.

Glossary

Business means a separate business enterprise of yours.

Business Day means:

• a day on which banks are open for business in the city where notice or other communication is received, excluding a Saturday, Sunday or public holiday; or
• for all other purposes a day on which banks in Sydney or Melbourne are able to effect settlement through the Reserve Bank of Australia ;

Direct Credit means the payment crediting the bank account of a nominated payee in accordance with the instructions transmitted by you in association with a Superannuation Payment Message;

Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic loss;

Sponsoring Financial Institution means our sponsoring financial institution in relation to Quicken SuperLink from time to time, currently Westpac Banking Corporation ABN 33 007 457 141

Super Fund means a superannuation fund for the purposes of section 19 of the Superannuation Industry (Supervision) Act 1993, including self managed superannuation funds (i.e. DIY funds)

Relevant Information means the information transmitted by you to us in accordance with the Superannuation Payment Message regarding the payment details of your superannuation contributions to the relevant Superannuation funds.

Superannuation Choice Payment Instruction means the Payment message that purports to authorise us to effect a payment from your nominated trading account, and to distribute Superannuation Contribution Information, to the relevant Superannuation funds.

Third party means any person with whom we have contracted in relation to Quicken SuperLink

Privacy Policy

Privacy Information Management Statement

Reckon Limited ("Quicken") publishes and distributes a range of personal and business financial management software and provides technical support and training services to software end-users. We are required to comply with the National Privacy Principles contained in the Privacy Act 1988.
The privacy and security of the personal information that we hold about you is very important to us. This Statement is a requirement of the National Privacy Principles, and should assist you in understanding how we collect and deal with your personal information.

Collection of Personal Information

The most commonly collect information from our customers in the following circumstances:

• Upon registration by you of any of the Quicken software range or services offered through the www.quicken.com.au website.
• Upon the purchasing of upgraded versions of Quicken software, often in response to our having communicated with you about such upgrades
• Upon the joining, or renewal, of various Quicken programs, including Quicken Advantage or the Quicken Professional Partner program.

There are other less frequent instances where we collect personal information, such as when financial details are sought from persons or businesses who seek to be Quicken product resellers, where stock is provided on credit.

The information collected would generally comprise name, address, postal address, telephone, fax and e-mail contact details, as well as the details of the Quicken product that you use. High level information in relation to your business may be also be collected. Should you contact us requiring technical or similar assistance, information relating to your problem and our suggested solutions are also recorded by us to assist in better customer relationship management.

How we use this information

We use your personal information in the following ways:

• The main purpose for the collection of personal information is so that we can communicate with you about the software product that you use and efficiently manage and administer all products and services we provide to you. These communications could relate to software upgrades, feature variations or enhancements, any particular issues or problems that have been detected within the software and corrective measures that may be taken and informing you of other Quicken products and services, including the availability of specialised, software specific, stationery products, debt recovery services, software training services, share trading services, banking services, seminars relating to associated products such as share trading classes and other types of classes.
• Identification of software end-users assists Quicken in establishing who is legally permitted to use the various Quicken software applications and therefore assists us in enforcing copyright and intellectual property rights.
• In the case of Quicken Advantage, the additional questions we ask in relation to your business assist us in developing a member profile so that future offerings that may be developed for program participants are relevant and appropriately targeted.
• In the case of financial information requested from parties wishing to be resellers and, as such, be provided with Quicken software stock on credit terms, this information is used to perform credit referencing and checking.

Disclosure

With the exception of the final bullet point above (where the information is disclosed to a credit referencing bureau), very little external disclosure of your personal information is made by Quicken. In the event that an external party wishes to communicate with any or all parts of the Quicken user/Advantage member database, and Quicken is agreeable to this communication being sent, we would generally undertake the communication on behalf of the external party (but at their cost) so that access to the personal information of our customer remains with Quicken. Quicken may use, from time to time, external service providers to facilitate communications with its customers, for example a mail house. In these circumstances, Quicken may provide personal contact/address information to the external service provider to enable the communication to be dispatched. Such information is provided to the external service provider on the strict basis that it be used for this purpose only and agreements are put in place to ensure this.

Access to Information

The National Privacy Principles provide you with the right to access the personal information that we hold in relation to you. If you would like details of the personal information which we may hold about you or, if you would like to correct any of the information that we hold, please contact us as follows: ]

e-mail: privacy@quicken.com.au

or write to us:
The Privacy Officer Reckon Limited (t/as Quicken Australia)
Locked Bag 15
PO Broadway
NSW 2007

We have internal procedures in place to deal with such requests, and we may require further information from you to verify your identity.

Information held by Third Parties

• As a company incorporated in Australia and listed on the Australian Stock Exchange, Quicken is required to maintain a register of members pursuant to the Corporations Law. This function has been contracted to an external provider, Computershare Investor Services Pty Limited ("CIS"). It is the usual practice for registers of listed companies to be managed by third parties. CIS manages the members' register on behalf of Quicken, which includes personal information relating to name and address details, security-holding balances, tax file numbers, bank account details and e-mail addresses. CIS has its own Privacy Statement as to how it deals with personal information, and Quicken shareholders are directed to www.computershare.com website for further information.
• The trading and dealing activities of the Quicken E*Trade service are performed by  ETRADE Australia Securities Limited ("E* TRADE "). Pursuant to the agreement that Quicken has with E* TRADE , and as authorised by the customer when agreeing to the trading rules, E* TRADE can provide to Quicken, at Quicken's request, personal information relating to the customer. E* TRADE has its own Privacy Statement and Privacy Policy, and Quicken E* TRADE users are directed to the Quicken E* TRADE section of the www.quicken.com.au website for further information.
• Quicken Stationery is offered, on Quicken's behalf, by Express Promotions Australia (trading as Forms Express). For the purpose of providing Quicken customers with information on Quicken compatible printed stationery products, Forms Express will be provided, from time to time, with personal information relating to the customer. This information will be used for the sole purpose stated above. Forms Express have their own Privacy Policy and Quicken customers are directed to www.formsexpress.com.au for further information.

Web site

The www.Quicken.com.au web site uses "cookie" technology. Cookies are pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your passwords, purchases, and preferences while you're on a website. The use of cookies is an industry standard - you'll find them at most major web sites.

www.Quicken.com.au does not use cookie-technology to collect personally identifying information on users of the Quicken site.

Information Storage

An electronic customer management and database system is used to store most of the personal information. This system is accessed by authorised users and contains security features to ensure the protection and integrity of the data that we hold.

General

Should you have any queries in relation to this Privacy Information Management Statement or to issues generally surrounding the private information that we hold about you, please contact the Privacy Officer at the addresses referred to above. Similarly, any complaints in relation to privacy related issues should also be directed to either of these addresses.