This policy covers Smartgroup Corporation Ltd and its related bodies corporate ("Smartgroup", "we" or "us"), including Smartgroup Benefits Pty Ltd, Smartfleet Management Pty Ltd, Smartsalary Pty Limited (including Smartleasing and Autogenie, which are registered trade marks of Smartsalary Pty Ltd), Smartequity Pty Ltd, PBI Benefit Solutions Pty Ltd, Smartsalary Software Solutions Pty Ltd, Health-e Workforce Solutions Pty Ltd, Salary Packaging Solutions Pty Ltd, Advantage AccessPay Pty Ltd, AccessPay Payroll Pty Ltd, AccessPay Pty Ltd, Smartsalary Payroll Solutions Pty Ltd, Salary Packaging Solutions Pty Ltd, Autopia Management Pty Ltd, Selectus Pty Ltd and ABM Corporation Pty Ltd (as updated from time to time).
We understand how important it is to protect your personal information. This policy sets out how Smartgroup collects, uses, discloses and holds personal information.
1. Collection of personal information
When we refer to personal information, we mean information about reasonably identifiable individuals. This may include information or an opinion about individuals, whether true or not.
The kinds of personal information we may collect about you include:
We may also collect additional information about you depending on the products and services provided:
We may collect your sensitive information only to the extent it is necessary to administer our products or services to you, to assess your application for employment or for employment purposes, and only with your consent. Sensitive information includes membership of professional or trade associations or unions, membership of a political association, or health information or and, in an employment context, your criminal history, racial or ethnic origin, religious beliefs and sexual orientation.
Where reasonable and practical we will collect your personal information directly from you, such as via application or enquiry forms or other documents that you submit to us; when you contact us via phone, email or our websites or social media accounts; when you attend one of our events; or when you submit a CV or application for employment to us. If you do not provide the information requested by us, we may not be able to provide you with our products or services or respond to your enquiry.
Depending on the product or service provided or your relationship with us, we may also collect your personal information from third parties, for example, from your employer, your employer's outgoing salary packaging service provider or your financial planner. If you are applying to work for us, we may collect personal information through recruitment companies, websites, other organisations and referees with your consent. We may also collect your personal information from our related bodies corporate, where we are permitted under law to do so or have otherwise obtained your consent.
2. Use of personal information
We use your personal information for the purpose for which it has been provided, reasonably related secondary purposes which are within the contemplation of the parties (and are directly related if the information is sensitive information), any other purpose you have consented to and any other purpose permitted under the Privacy Act 1988 (Cth). This may include using your personal information for the following purposes:
and for any other purpose related to or ancillary to any of the above.
3. Disclosure of personal information
We disclose your personal information for the purpose for which it has been provided, reasonably related secondary purposes which are within the contemplation of the parties (and are directly related if the information is sensitive information), any other purpose you have consented to and any other purpose permitted under the Privacy Act. Depending on the product or service we are providing to you, or your relationship with us, we may disclose your personal information:
and for any other purpose related to or ancillary to any of the above.
One of the ways we store and manage information (including personal information) is by using cloud computing, where servers are based overseas including in Japan and the USA. We take reasonable steps to maintain the security of your information and to ensure your information is treated in accordance with the standards that apply in Australia.
4. Direct marketing
We may from time to time use your personal information to provide you with current information about loans, insurance products, special offers you may find of interest, changes to our organisation, or new products or services being offered by us, our related bodies corporate or any other company we are associated with. By providing us with your information, you consent to receiving such information, including by phone, email, SMS and social media, on an ongoing basis until you unsubscribe. We will not use or disclose sensitive information about you for direct marketing purposes unless you have consented to that kind of use or disclosure.
If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting us. Contact details are set out at section 11 of this policy. If the direct marketing is by email you may also use the unsubscribe function and if the direct marketing is by SMS you may reply 'STOP' to opt out. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
5. Cookies, advertising and tracking
Your IP address is the identifier for your computer when you are using the internet. It may be necessary for us to collect your IP address for your interaction with various parts of our website.
6. Accessing, updating and correcting your personal information
You can request to access your personal information we hold at any time. Depending on the volume or difficulty in obtaining the information, we may charge a fee that covers our costs.
An initial response will be provided to you within 7 days from your request, and the outcome of the investigation given in 30 days. There may be situations where we are not required to provide you with access to your personal information, and we will set out the reasons for this. An example of this would be where the information related to existing or anticipated legal proceedings, or if your request was vexatious.
You may also request to correct any of your personal information we hold if it is incorrect, inaccurate or out of date. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.
Depending on the request we may update your personal information immediately, or we may provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days from your initial request. We may have to consult with external entities as part of your request to access or correct your personal information.
7. Using government related identifiers
If we collect government related identifiers, such as your drivers licence number or tax file number, we do not use or disclose this information other than to the extent required or authorised by law. For instance, we will never adopt your tax file number as your account number to identify you.
8. Doing business without identifying you
In most circumstances it will be necessary for us to identify you in order to successfully do business with you. However, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us without you providing us with personal information, for example where you make general enquiries about our products or services, or any special offers.
9. How safe and secure is your personal information that we hold?
We may store your personal information in paper or electronic form. We take reasonable steps to protect any personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Some of the steps that we take to protect personal information include, but are not limited to, the following:
When the information is no longer needed for any purpose for which the information may be used or disclosed, it will be destroyed or permanently de-identified.
If you are dissatisfied with how we have dealt with your personal information, or have a complaint about our compliance with the Privacy Act, you may contact us using the details in clause 11. We will acknowledge your complaint within seven days and provide you with a decision on your complaint within 30 days. If you feel your complaint is still not resolved adequately after discussion with us, you may then contact the Office of the Australian Information Commissioner on http://www.oaic.gov.au/privacy/privacy-complaints.
11. Further information
If you have any questions about how we handle your personal information, contact our Privacy Officer by phone on 1300 476 278, via email at email@example.com, or at:
Smartgroup Corporation Ltd
GPO Box 4244, Sydney NSW 2001
Last updated: 9 November 2017
Information on the Website
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Except as required by law, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Third Party websites.
The information provided on this Website is of a general nature only, and does not constitute financial advice. You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to the Website.
Information from third parties
The Website also contains links to the websites of third party providers of goods and services ('Third Party websites'). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party websites.
Our links with Third Party websites should not be construed as an endorsement, approval, affiliation with or recommendation by us of the owners or operators of those websites, or of any information, products or services referred to or contained on those websites, unless and to the extent stipulated to the contrary.
If you have accessed Third Party websites through our website and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.
Where you access a Third Party website from our website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.
Advertising and tracking
When you view our advertisements on a Third Party website, the advertising company uses 'cookies' and in some cases 'web beacons' to collect information such as:
When you access our Website after viewing one of our advertisements on a Third Party website, the advertising company collects information on how you utilise our Website (e.g. which pages you view and whether you proceed to obtain services from us).
You are not obliged to accept a cookie and you can modify your browser so that it will not accept cookies. However, if you do so this may affect your browsing experience and certain functions within the Website may not work.
Your IP address is the identifier for your computer when you are using the internet. It may be necessary for us to collect your IP address for your interaction with various parts of our Website.
When you send a completed online form or provide information through our Website to us, we retain the information you have sent us. We are able to then use that information to provide any services that you require.
You can also suspend and save the online form, so you can complete and send the form at a later time. If you suspend or save your form, the information that you have entered will be retained in our systems so that you may recover the information when you resume your form. Online forms that have been suspended or saved may be viewed by us.
Security of information
The security of your information is very important to us. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed as totally secure.
This Website includes trade marks owned by us (or our licensors). You must not use any of our trade marks in or as the whole or part of your own trade marks or business name or company name; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information or services (including this Website).
Last updated: 20 November 2017
As a customer of a Smartgroup company, you can expect a simple and rewarding experience that is easy to understand and even easier to manage.
We continually look for ways to innovate and simplify the products and services we offer, and ask you, our customer, to let us know how we're going so that we may learn from your experience dealing with us - both good and otherwise.
Our commitment to you
Our mission is to make the services we offer easy to understand, and for them to be simple and seamless so that you may take full advantage of your benefits.
We value your feedback - it's what drives us to improve the way we serve - so if you feel we're not meeting this commitment to you, we'd like to know about it. To lodge a complaint and understand how your complaint will be handled, see our Complaints Charter.
So that we can provide the service you've come to expect from us, we ask that you:
Get in touch with us whenever and however it suits
We're here to assist when you need us. To find the communication channel that suits you, see Contact Us.
We respect and protect your personal information
For your peace of mind, we:
We welcome your feedback
The feedback we receive from our customers is as at the heart of the improvements we make to our service delivery. So we welcome your feedback, good and otherwise.
If you would like to let us know about an experience you've had, email us at firstname.lastname@example.org or call 1800 555 582 to speak with a member of our service team.
How to make a complaint
When things don't go as they should, and you feel we're not meeting our commitment to you, we appreciate you letting us know.
To ensure a satisfactory resolution, contact the team handling your benefits on 1800 555 582, or email email@example.com.
How we handle your complaint
What to do it you are not satisfied with the outcome
SALARY PACKAGING SERVICES FOR EMPLOYEES TERMS & CONDITIONS
This document sets out Terms & Conditions upon which Salary Packaging Solutions Pty Ltd (trading as "Advantage Salary Packaging") provides salary package services to you.
1. Definitions and Interpretation
'Business Day' means a weekday on which banks are open for business in Melbourne, Australia.
'Salary Package' refers to your salary package comprised of a cash component and other benefits selected by you and administered by Advantage in accordance with these Terms & Conditions.
'Salary Packaging Services' (or 'Services') are the salary packaging services provided to you by Advantage (and third party providers) and include:
a. provision of information to you to assist you in selecting a Salary Package;
b. information as to how your Salary Package will be administered;
c. administration of your Salary Package;
d. payment of benefits selected by you that form part of your Salary Package;
e. reporting to you on your Salary Package; and
f. additional services as determined by Advantage from time to time and notified on its website or as otherwise approved by your employer.
Only benefits identified in an approved list of benefits notified by Advantage on its website as part of the Services and updated from time to time or benefits otherwise approved by your employer may be salary packaged through Advantage.
The Services do not include the provision of financial advice to you. Advantage is not (and will not be) your agent, or otherwise act in a trustee or fiduciary capacity on your behalf.
Upon change in any applicable law, if it is determined by Advantage that the provision of the Services, or any relevant Service, is no longer compliant with any applicable law, Advantage may discontinue administering the relevant Service or alter the way it is being administered to comply with the relevant laws.
The Services come with guarantees under the Australian Consumer Law that cannot be excluded or restricted by these Terms & Conditions and any clause that excludes or restricts your rights under those guarantees is subject to the Australian Consumer Law.
2. Acceptance and Term
a. The Services will be provided to you from the date when your completed application form is received by Advantage and until such time as a Service is terminated in accordance with these Terms & Conditions and the Agreement for the Provision of Salary Packaging Services with your employer ('Employer Agreement'). By completing the application form you are indicating your agreement with and understanding of these Terms & Conditions.
b. The application form may be completed:
i. in writing by obtaining the form from Advantage's website or in hard copy from other authorised sources; or
ii. electronically by completing the form on Advantage's website; or
iii. verbally, over the telephone with the Advantage service centre.
c. The information provided by you in the application form must be true, complete and accurate. This includes, without limitation, your current salary and wages information. You must inform Advantage immediately of any changes to the information provided by you in the application form.
d. You acknowledge that certain changes to your salary packaging arrangements, as instructed by you, can be made over the telephone without the requirement for the change to be effected or confirmed in writing.
e. Advantage or your employer may request re-substantiation of the benefits that are part of your existing salary packaging arrangement. You must keep records of the information provided as part of your application for salary packaging with Advantage or a claim made pursuant to your Salary Package for five years from the date when you lodge the application or claim.
f. Where your employer has undertaken to transition from an existing packaging arrangement and has provided the relevant information to Advantage on transition, an application form may not be required.
3. Benefit providers
a. Advantage engages various third party providers to be available to provide the Services to you as part of your salary packaging arrangement. Where Advantage has a panel of providers, you must select such a provider from the panel.
b. Advantage may change the list of third party providers from time to time and will provide notification of any such changes on its website. Where your selected provider is removed from the list, Advantage may, at its election, substitute such provider with a suitable alternate provider to provide the relevant product or service to you.
c. When the amount received from your salary is less than the payments Advantage must make on your behalf to third parties, some of the payments to those third parties will remain outstanding. When Advantage receives further payments from your salary, any outstanding payments to third parties will be prioritised before reimbursements are made to you.
d. Where you have a previous existing arrangement with a provider not included in Advantage's list of providers, you may be required to transfer your provider to one of the providers on the panel before you can commence your salary packaging arrangements with Advantage.
4. Salary Packaging Bank Accounts
a. Upon acceptance of these Terms & Conditions, you acknowledge that your employer will pay that part of your Salary Package as is necessary for Advantage to administer the Services to you into a bank account ('Salary Packaging Bank Account'). You expressly acknowledge that any funds held in the Salary Packaging Bank Account are held on behalf of your employer (and are not held on your behalf or on trust for you.)
b. Advantage will have an authority to transact on the money held in the Salary Packaging Bank Account for the purposes of administering the Services to you.
c. You will not be permitted to make any direct debit transactions against the Salary Packaging Bank Account. Monies held in the Salary Packaging Bank Account do not accrue interest to you and Advantage may retain any interest that does accrue.
d. Monies deducted from your salary and held in the Salary Packaging Bank Account can be paid to you and taxed at any time of the year in accordance with your employer's salary packaging policy.
5. Fees for administration of Services
a. As determined by your employer, either you or your employer may be responsible for fees payable to Advantage for administration of the Services.
b. Where you are responsible for paying the fees:
i. you acknowledge that current fees are shown on Advantage's website;
ii. you acknowledge that Advantage may increase the fees in accordance with the Employer Agreement. If you do not agree to any increase in fees, you may terminate the Services by giving one month's notice in writing to Advantage.
iii. you authorise and consent to Advantage deducting the fees from monies held in the Salary Packaging Bank Account in priority to other payments.
c. Subject to your employer's policy, if you terminate the Services throughout the year, which, for the purposes of the Services, is a Fringe Benefits Tax (FBT) year from 1 April to 31 March, the full annual administration fee is payable to Advantage for the Services terminated.
d. Subject to your employer's salary packaging policy, where you have transferred from one employer to another and this transfer allows an additional amount of living expenses threshold to be packaged, you will be charged the full annual fee in each employer entity irrespective of whether you choose to utilise the extra threshold allowed or limit your packaging to a lesser amount than available. For the purposes of this clause, living expenses threshold refers to the additional tax concessions available to employees of Public Hospitals, Charities, Aged Care Homes and Medical Research Institutes in respect of living expenses as prescribed by the Australian Taxation Office from time to time. This is not available to the general work population.
e. An employer's salary packaging policy may require that the balance attributable to an employee in the Salary Packaging Bank Account cannot exceed a certain amount. If your employer has such a policy, any funds in excess of that maximum balance will be returned to your employer to be paid as salaries and wages and taxed at any time of the year in accordance with your employer's salary packaging policy.
6. Account administration
a. You agree to review the confirmation report or any communications provided to you by Advantage by email, post or on Advantage's website and to notify Advantage of any errors or changes required, including, but not limited to, packaging amounts being deducted, scheduled payments, bank account details and the accuracy of creditors and data regarding vehicles.
b. If you are eligible to make capped benefits claims, Advantage does not guarantee that any such claims lodged after the 28th February in any FBT year will be processed prior to the end of that FBT year. 'FBT Year' is a period from 1 April - 31 March.
c. Where you request an amount from your salary to be deducted for a specific benefit in a pay period and this amount exceeds your actual allowable base salary for that pay period, no deduction of funds will then be guaranteed and Advantage will not be liable or responsible for any associated loss (including but not limited to any tax or interest loss).
d. To the extent permitted by law including the Australian Consumer Law, Advantage will bear no loss or any responsibility resulting from any data entry errors where a confirmation report was issued and you were given an opportunity to identify and correct such errors unless you can demonstrate that you have made reasonable efforts to make Advantage aware of such errors.
e. In relation to the Superannuation Concessional Contributions Caps ('SCCC') as may be set by the Australian Taxation Office from time to time, Advantage will bear no loss or any responsibility resulting from any breach of the requirements related to those SCCCs or from any contributions made in excess of the SCCCs though your Salary Package. You agree to monitor the requirements for, and values of, the applicable SCCCs and make adjustments to your Salary Package where required to comply with those.
f. You must notify Advantage of any changes to bank account details immediately. Failure to do so will result in any cost associated with recovering or redirecting payments, as well as any bank fees, interest or charges that result, being charged to you.
g. If funds are not received for four consecutive pay periods, your Advantage account may be automatically ceased. If you are taking any type of leave without pay, you must notify Advantage as soon as practicable, and in any event, before taking leave, so we can make required adjustments to your account.
h. Where you send a claim for reimbursement of expenses, you must keep a copy of the claim and any supporting documents you submit. Advantage will not return any original documentation to claimants, including rejected claims. If you request Advantage to return a copy of any transaction submitted, the expense in performing this request will be borne by you. Advantage will inform you of any such expense prior to any request being performed. You must inform Advantage of any inaccuracy in relation to a claim processed within 2 months of submission of any such claim.
7. Packaging vehicles
Where your employer offers the Novated Lease Vehicle benefit, and you have elected to salary package a Novated Lease Vehicle benefit with Smartleasing (a registered trading name of Smartsalary Pty Ltd), you agree and acknowledge that you have read and agree to the terms and conditions applicable to your novated lease with Smartleasing at https://www.smartleasing.com.au/terms-and-conditions.
8. Excess Usage
a. Where your account is overdrawn for any reason you authorise Advantage, with notice to you, to:
i. schedule additional deductions from your salary for the specific purpose of crediting your salary packaging account by the overdrawn amount; and/or
ii. cancel other salary packaging payments due and payable and use the funds earmarked for these payments to cover the overdrawn amount; and/or
iii. schedule additional deductions from your salary to cover any estimated future spend (as calculated at Advantage's discretion) to prevent future overdrawn amounts; and/or
iv. recover the overdrawn amount directly from you.
b. Where you utilised goods or services in excess of the balance attributable to you in the Salary Packaging Bank Account (whether due to over usage of your fuel or maintenance card or otherwise), Advantage may, with notice to you:
i. cancel your fuel card; and/or
ii. cancel your maintenance card; and/or
iii. continue fuel deductions to meet debt; and/or
iv. cancel packaged benefit payments; and/or
v. continue lease deductions to meet debt; and/or
vi. increase salary deductions to meet debts and cover future estimated spend.
c. If Advantage uses salary packaging funds deducted for the purpose of meeting your lease payment obligations to cover an overdrawn amount, you may be required to make out of package lease payments directly to your lease financier (that is, not through your salary packaging arrangements), whilst your lease deductions are used to repay the debt.
d. Where Advantage is unable to recover the balance of an excess amount in a timely manner in accordance with the methods set out in section 8(a) or (b), Advantage may, at its sole discretion:
i. subject to your Employer Agreement, request your employer to fund the balance; or,
ii. engage a collection agency to recover the debt from you.
e. Generally and subject to applicable legislation, Advantage is legally entitled to recover amounts with respect to any negative balance or any other amounts owing by you to Advantage in the period of 6 years of the debt becoming due (unless the collection of the debt is governed by the laws of the Northern Territory, where the period of 3 years generally applies).
f. All reasonable transaction fees and other costs (including, but not limited to, external debt collection agency fees) incurred by Advantage in respect of the recovery will be payable by you.
g. You must only nominate a reimbursement account which you own or over which you have the authority to permit Advantage to direct debit if you exceed the balance attributable to you in the Salary Packaging Bank Account or on any salary packaging card that you have utilised, such as a Westpac Meal Entertainment Card or a Westpac Everyday Purchases Card, as may be applicable.
9. Salary Packaging Loans
a. Where it is necessary to pay a reimbursement amount to you and there is insufficient balance available in your salary packaging account Advantage may, at its discretion, elect to:
i. loan money to your employer in order to fund your salary packaging account up to the required level; or
ii. pay the reimbursement even though it will push your salary packaging account balance below zero - i.e. to a debit balance.
b. In both of the above cases it is noted that the primary liability to re-pay the loaned funds and/or re-fund your salary packaging account will fall on your employer. However it is a requirement of your salary packaging agreement that you fully compensate your employer within a reasonable timeframe by sacrificing additional pre-tax salary amounts.
c. Any pre-tax salary packaging amounts deducted under the authority at 9(b) will be immediately allocated to your salary packaging account or as repayment of the amounts owing to Advantage.
10. Fringe Benefits Tax
a. You agree to compensate Advantage and/or your employer, either by way of additional pre- tax salary deduction or direct payment, for any FBT amounts payable in relation to your salary packaging activities.
b. Advantage will perform, on an annual basis, a reconciliation between the collected FBT and the calculated liability to pay FBT for each benefit type provided to you and will report such results of this reconciliation to your employer.
c. You are responsible for any outstanding amounts of FBT. FBT liabilities will be payable by you through salary deductions, direct credit, or a direct debit arrangement. If you disagree with the amount of FBT payable in a relevant FBT year, you must notify Advantage within 21 days of the relevant FBT year.
d. It is your responsibility to manage your FBT and maintain your own records of start and end kilometres and or log book for your vehicle. Advantage will provide you with reports concerning vehicle usage and potential FBT liabilities resulting from your driving patterns; however, these reports are issued as a guide only.
e. If you fail to advise Advantage that you are ceasing employment and continue to use your fuel card after termination of employment any such costs will be subject to FBT, and the expenses and FBT will be directly recovered from you.
f. Nothing in this clause 10 makes you liable for any FBT amounts payable due to a breach of these Terms & Conditions by, or the negligence of, Advantage.
11. Cessation of benefits or Salary Package
a. If you would like to cease packaging a benefit or are ceasing employment with your employer, you must notify Advantage of such cessation with at least 10 Business Days notice prior to the change.
b. On cessation of your employment, you will not be entitled to receive final termination pay from your employer until Advantage has provided a reconciliation of your Salary Package to your employer.
c. Where you are ceasing the package of a Novated Lease Vehicle benefit, up to 6 weeks is required for Advantage to provide the reconciliation of your salary package. If you have an outstanding balance on a Advantage issued fuel card, the amount will be recovered from amounts attributable to you in the Salary Packaging Bank Account. If you still owe a debt after the balance of amounts attributable to you in the Salary Packaging Bank Account has been applied, you will be obliged to pay the outstanding balance and FBT owing.
d. You remain liable to your employer for any outstanding amount owed by you on cessation of your Salary Package benefit or at the end of any FBT year.
e. On cessation of your employment or your Salary Package or benefit for any reason, Advantage may immediately cease provision of the Services or benefit to you. You will be fully responsible to meet any outstanding commitments from the date of such cessation.
f. If you in any way misuse a benefit or use it in a manner which is fraudulent or which may constitute a breach of FBT laws and regulations, or you commit a material breach of these Terms & Conditions or become bankrupt, Advantage may immediately cease provision of the Service to you by providing you with notice. If you fail to comply with these Terms & Conditions in any other way, Advantage may cease provision of the Service to you on at least 10 Business Days' notice.
g. Overpayment of GST on contributions will not be refunded in the event of Salary Package or benefit termination. At the end of an FBT year, Salary Package, benefit termination or otherwise, if it is calculated that an employee has made an after-tax contribution in excess of what is required to reduce the FBT liability for their Salary Package to nil, that excess contribution is not refundable to the Employee.
12. Suspension for non payment
If you or your employer fails to make any payment due to Advantage, Advantage may, with notice to you, suspend the Services to which that overdue payment relates unless and until all such overdue payments are made to Advantage.
You acknowledge and agree that:
a. Advantage (and its affiliates) may receive commissions, rebates or other payments or benefits from third party providers of goods and services who provide such goods and services to you as part of your Salary Package, and as a result of Smartgroup receiving these benefits, you should not expect that any advice or recommendations given by Advantage will be disinterested, nor will Advantage disclose any conflicts of interest to you;
b. Advantage is not required to make payments for benefits forming part of your Salary Package or otherwise if there are insufficient funds to make such payments in the Salary Packaging Bank Account and will not be liable for any penalties, interest or other charges payable due to any delay in payment resulting from insufficiency of funds in the Salary Packaging Bank Account;
c. all information provided by you to Advantage is true and accurate and where any incorrect bank account information is provided, any bank fees and administration costs resulting from that error will be deducted from amounts attributable to you in the Salary Packaging Bank Account;
d. you have read the rules for each benefit provided by Advantage as part of the Services from time to time and will abide by those rules;
e. these Terms & Conditions are updated from time to time by Advantage and by continuing to use the Services you are deemed to accept these changes and you are bound by the most current version of the Terms & Conditions published on Advantage's website. If you disagree with any such changes to the Terms & Conditions, you can elect to discontinue the provision of the Services to you and terms of the Terms & Conditions applicable immediately prior to the cancellation by you of the Services will apply to the relationship between you and Advantage;
14. Authorisation to Advantage
You authorise Advantage to:
a. in its discretion, change the cash and other components of your Salary Package by providing you with notice but without specific authorisation from you so as to ensure that the Salary Package benefits selected and notified by you to Advantage are able to be provided and that any of your contribution to the taxable value of a benefit can be satisfied;
b. adjust salary deductions in accordance with benefits packaged by direct interface with your
employer's payroll and with notice to you;
c. direct your employer to pay additional monies from your salary into the Salary Packaging Bank Account by providing you with notice but without specific authorisation by you if such additional sums are required in order to pay for the benefits making up your Salary Package; and
d. record any telephone conversation(s) between you and Advantage.
15. Governing law and jurisdiction
The laws of the State of Victoria shall govern these Terms & Conditions and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
Version date: 11 December 2018