1. Acceptance of Terms
By accessing or using the website whmsuperclaim.com.au (the "Site"), including our interactive Departing Australia Superannuation Payment (DASP) estimators, calculators, eligibility tools, and published content (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must immediately discontinue use of the Site.
2. Nature of Service: Not Financial or Tax Advice
General Information Only: The calculations, estimations, eligibility checks, and written materials provided on this Site are generated solely for educational and illustrative purposes.
No Professional Advisory Relationship: The Site does not provide tailored financial planning, personal tax advice, legal guidance, or migration advice. Nothing on this website constitutes a formal recommendation, solicitation, or offer to buy or sell financial products or make specific retirement/superannuation decisions.
No Registered Tax Agent Representation: Unless explicitly stated otherwise under a separate signed engagement agreement, WHM Super Claim is an independent digital tool and content publisher. We do not act as your registered tax agent, financial planner, or superannuation fund trustee. Users are strongly encouraged to consult the Australian Taxation Office (ATO) or a licensed Australian tax agent regarding their individual tax obligations.
3. Estimation Methodology & Calculation Limitations
Our calculators apply standard statutory withholding tax rates established by Australian Commonwealth legislation as published by the ATO:
- 65% Tax Rate: Applied to Working Holiday Maker visas (Subclasses 417 and 462), or any account subject to the ATO WHM Whole-Payment Rule.
- 35% Tax Rate: Applied to the taxed element of standard temporary resident visas (such as Subclass 500 Student or Subclass 482 Skilled visas) held with a superannuation fund.
- 65% ATO-Held Rate: Applied to any superannuation balance that has been transferred to the ATO as unclaimed super money, regardless of visa class.
Estimate Disclaimer: While we strive to maintain complete accuracy with current legislation, results generated by our calculators are estimates, not quotes or guarantees. Actual net payout figures received from your superannuation fund or the ATO may vary due to factors including:
- Fund-specific administration or account closure fees.
- Outstanding insurance premiums or investment performance fluctuations prior to liquidation.
- Divisions between taxed and untaxed components within your fund account.
- Employer underpayments, uncollected contributions, or outstanding ATO interest.
4. User Responsibilities & Data Inputs
When utilizing interactive forms or inputs on the Site, you agree that:
- You will provide reasonable, accurate estimates of your balance, visa history, and departure dates.
- You will not rely solely on Site estimations to make financial or travel decisions without verifying your balance with your superannuation fund or via myGov.
- You will use the Site in compliance with all applicable Australian Commonwealth, state, and international laws.
5. Third-Party Links & External Services
The Site contains outbound links to official external government websites (such as ato.gov.au, homeaffairs.gov.au, and my.gov.au) as well as potential affiliate partner services. WHM Super Claim does not control, endorse, or guarantee the operational availability, security, or accuracy of third-party portals or external tools.
6. Intellectual Property Rights
All website design, software code, proprietary calculation algorithms, branding elements, logo designs, written articles, and visual graphics are the intellectual property of WHM Super Claim and are protected by Australian copyright and trademark laws. You may not copy, reproduce, republish, or redistribute any code or content from this Site without explicit prior written consent.
7. Limitation of Liability & Disclaimers
To the maximum extent permitted by Australian Consumer Law and relevant statutory frameworks:
- The Site is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
- WHM Super Claim, its operators, and developers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of your access to, use of, or inability to use this Site or reliance on any calculations provided herein.
- We do not warrant that the website functions will be uninterrupted, error-free, or free of harmful components/viruses.
8. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia regarding any dispute arising under or in connection with these Terms.
9. Changes to Terms
We reserve the right to revise or update these Terms at any time without prior notice. Any modifications will become effective immediately upon being published on this page. Your continued use of the Site following posted changes constitutes acceptance of the updated Terms.
10. Contact Us
If you have any questions regarding these Terms of Service or require further legal clarification, please contact us via our Contact Page or write to us at hello@whmsuperclaim.com.au.