TERMS OF USE

This website or any extensions to this website (collectively referred to as this Website) is owned and operated by ANSVAR INSURANCE Ltd (ACN 007 216 506) Level 5, 1 Southbank Boulevard, Southbank, Victoria 3006, in the State of Victoria, AUSTRALIA (“Ansvar Insurance”). The material on this Website is copyright © Ansvar Insurance. This Website contains intellectual property belonging to Ansvar Insurance. This Website publishes electronic versions of publications and information. All publications, content, material, intellectual property, information and software provided on and through this Website including, but not limited to, product information, documentation, works, papers and other material arising from or accessed via this Website may only be used in accordance with the following terms and conditions.

Please read the following Terms of Use (Terms) carefully, as they are a legally binding agreement between Ansvar Insurance Ltd (Ansvar Insurance, Ansvar, we, us, our) and you (you, your), in respect of any information, services or products made available by Ansvar Insurance to you on or through this Website.

General

Your access to and use of this Website is subject to these conditions and other notices posted on this Website. If you do not agree to these terms and conditions, you must not access or use  and must immediately cease all access or use of this Website

These Terms and the documents referred to in these Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the use of this Website. You must not assign, whether in whole or in part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of Ansvar Insurance. Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms.

The disclaimers, limitations on liability and indemnities in these Terms continue notwithstanding discontinuation or suspension of your access to this Website. Ansvar Insurance’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms does not prevent any other exercise of that right, or the exercise of any other right.

No Financial Advice

Ansvar Insurance is authorised by the Australian Prudential Regulatory Authority (APRA) as a general insurer under the General Insurance Reform Act (2001) (Cth) and is the holder of Australian Financial Services Licence No. 237826. Ansvar Insurance does not offer any financial advice or products directly through this Website. All information on this Website is of a general nature only and you should not rely on anything in this Website as a substitute for professional or financial advice that is specific to your needs and circumstances.

For information on financial products offered or sold by Ansvar Insurance you should contact Ansvar Insurance by phone on 1300 650 540 or by Email to: insure@ansvar.com.au. In accordance with the law, Ansvar Insurance will provide the appropriate product disclosure statement with any offer for financial products.

Access and Use

Your access or continued access of this Website constitutes an affirmative acknowledgment and agreement that you accept and agree to be bound by these conditions and any modifications. You should periodically visit this page to check for the latest version of these conditions to which you are bound.

You agree that:

  1. Any and all access and use of any part of this Website shall be in accordance with:

a. these Terms; and

b. any notices displayed on this Website from time to time;

  1. A Member Login (Login) may be required to access Member-only sections and other sections of this Website;
  2. If Login facilities are available on this Website, your access to the Member-only sections of this Website is conditional upon:
  1. the Login:
  1. being issued to you;
  2. being non-transferable unless given to a person who is accessing the Member-only sections of this Website on your behalf;
  3.  not being disclosed to any other person;
  4. being kept safe and confidential;
  1. your acceptance of all liability for any activities whatsoever conducting using the Login that is issued to you; and
  2. you not using a Login that has been issued by us to some other person unless you do so on that person’s behalf.
  3. you not entering into any agreement that allows any person to access or use your Login in breach of these Terms or in a manner that is inconsistent with these Terms; and
  4. you not assigning or sub-licensing any licence granted under these Terms.
  1. Ansvar Insurance may, from time to time and at our sole discretion:
  1. revoke, vary, suspend or cancel the Login;
  2. carry out maintenance or other work on this Website that may limited or deny access to you; or
  3. limit or deny access to this Website, or part of this Website, for any reason.

Use of Information

Ansvar Insurance makes information available on the World Wide Web in relation to insurance products, as well as general information and publications, including policies, commentary and opinions. You may only use and permit use of this material to look up information on screen. You may not otherwise copy or reproduce, or permit the copying or reproduction of, part or all of the material.

Notwithstanding the restrictions on use of the material, you may make temporary electronic copies of the material that are necessary to browse the Website and may print single copies of the materials from the Website for non-commercial personal use provided you do not remove any copyright or trade mark notices contained on or in the materials. However, no further reproduction or distribution of the material in whole or in part is permitted without the express written agreement of Ansvar Insurance.

Your conduct on the Website

As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these Terms or any other terms, conditions or notices appearing anywhere on this Website. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

  1. use this Website for any fraudulent purposes in connection with any criminal offence or any other unlawful activity;
  2. use any automated scripting tools or software, robots, crawlers, spiders or similar devices;
  3. impersonate any person or entity;
  4. upload, post, e-mail, send, transmit or otherwise make available using this Website any material that:
  1. is illegal, offensive, abusive, indecent, menacing, discriminatory, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, misleading or deceptive (as to its subject matter or the identity of its author or poster);
  2. you do not have a right to make available under any law or contractual obligation;
  3. consists of or contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  4. consists of or contains political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam;
  5. causes or is likely to cause this Website or access to this Website to be interrupted, damaged or impaired in any way;
  6. may breach any applicable laws or regulations; or
  7. is in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties.
  8. you not using a Login that has been issued by us to some other person unless you do so on that person’s behalf.
  9. you not entering into any agreement that allows any person to access or use your Login in breach of these Terms or in a manner that is inconsistent with these Terms; and
  10. you not assigning or sub-licensing any licence granted under these Terms.
  1. do anything on or using our Website that would expose us to any civil or criminal liability, sanction or action. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us.

Release

You will release and indemnify, defend and hold Ansvar Insurance, its directors, officers, employees, related bodies corporate and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or Ansvar Insurance related to or in any way connected with any use of the Website or services or materials by you or any failure by you to perform your obligations in relation to these Terms. This indemnity shall survive the termination of these Terms.

FEEDBACK

If you are invited to post comments on this Website you may do so in accordance with these Terms. Any comments that you post shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity. We reserve the right to examine interactive areas for adherence to these Terms and to remove any materials that may be objectionable or violate these Terms.

If you think that a comment that has been posted is illegal, offensive, abusive, indecent, menacing, discriminatory, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, misleading or deceptive (as to its subject matter or the identity of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but will not necessarily contact or consult you about our decision.

DISCLAIMER

Ansvar Insurance believes that all the information contained on this Website is correct at the time of posting the information. However, no warranty is made as to the accuracy or reliability of the information contained herein.

Unless expressly given in writing, Ansvar Insurance makes no representations, warranties or endorsements in relation to any products, services or information advertised or provided in or through this Website.

You should not rely on anything in this Website as a quoted price for an insurance policy or any other product sold by Ansvar Insurance. Unless expressly stated otherwise in writing, prices are indicative only.

PRIVACY

Ansvar Insurance will treat as confidential information all information provided to this Website by you, about yourself, unless that information has been provided to us for publication purposes or is required to be used or disclosed in order for us to provide you with services. Ansvar Insurance will not disclose confidential information to any third party except where the third party is either contracted or licensed to us to assist us in fulfilling our obligations under these Terms or to provide our services or to enable the provision of services, or in some instances, to add you to our mailing list database.

You agree that we may collect and disclose personal information that you provide to us to our business associates and relevant third parties in order to provide you with additional Ansvar Insurance information, products or services or related information, products or services.

You agree that we may collect, use and disclose the personal information that you provide to us for the following purposes:

  1. to enable us to perform our obligations under these Terms;
  2. to recover any money owing to us; and
  3. to provide, or arrange for a third party to provide you with information regarding products or services that we believe may be of interest to you.

Any personal information, including personal financial information, that relates to you and is collected, used or disclosed by us will only be collected, used or disclosed in accordance with:

  1. these Terms; and
  2. our Privacy Policy.

© Copyright

The material on and accessible through this Website is copyright. You acknowledge and agree that any and all intellectual property rights, title and interest arising in or in relation to the material remains with or vests in Ansvar Insurance or third parties. If Ansvar Insurance, or any person, makes available or introduces to you any of Ansvar Insurance’s intellectual property then all intellectual property rights relating to or associated with that intellectual property will remain the sole property of Ansvar Insurance. You agree to take all actions and do all things reasonably necessary or desirable to protect our intellectual property rights, title and interest in the material.

‘Intellectual property rights’ includes any intellectual property and industrial property rights throughout the world including but not limited to rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), systems, know-how, trademarks, software, code, confidential information, designs, and circuit layouts whether or not now existing and whether or not registered or registrable, and any right to apply for the registration of such rights, and all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967.

No part or parts of this Website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, stored in any retrieval system or transmitted in any manner without the prior written permission of Ansvar Insurance or the relevant copyright owner. Ansvar Insurance grants you permission to download and/or display copyright materials for private, non-commercial uses only, provided that you do not remove the copyright owner’s notice and name from the materials when the material is reproduced or quoted, in whole or in part. You agree that you shall not make any commercial use of any or all of the material accessed on this Website. ‘Commercial use’ means use that is for monetary or other reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.

We specifically prohibit you from scraping this Website or using any other automated method to copy and reproduce any part of our Website for establishing, maintaining or publishing your own Website or other publications. Software that operates parts of this Website may be proprietary software and you must not copy, reverse engineer or modify it.

© ™ Trade marks

The trade marks, service marks and logos (“Trade Marks”) used in this Website are registered and unregistered Trade Marks of Ansvar Insurance and/or other third parties. Nothing displayed on this Website should be construed as granting any licence or right of use of any Trade Mark displayed on this Website, without the express written permission of the relevant owner.

Advertisements and links to third parties

Hyperlinks and pointers to websites operated by third parties will appear on this Website from time to time and their placement does not carry any endorsement from Ansvar Insurance. These links have been provided as a convenience to you. Those websites do not form part of our Website and are not under the control of Ansvar Insurance. We make no warranties, have no responsibility and take no responsibility for the contents of any such linked website. If you link to any such Websites you do so entirely at your own risk.

Limitation of liability

Ansvar Insurance does not exclude any rights and remedies available to you under the Australian Consumer Law or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, Ansvar Insurance excludes all conditions and warranties that may be implied by law.

To the fullest extent permitted by law, no warranty of any kind, implied, express or statutory (including but not limited to the accuracy, reliability, timeliness, warranties of title, merchantable quality, fitness for purpose, non-infringement of third party rights, freedom from computer virus) is given in relation to the information, services or products contained or referred to on this Website or on any external websites that may be referred to on this Website. To the furthest extent permitted by law, Ansvar Insurance disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you as a result of relying on anything contained in or omitted from this Website.

Acknowledgements

You acknowledge and agree that:

  1. the material is protected by copyright, and you do not acquire or hold any ownership rights or intellectual property right by downloading or copying the material, or parts thereof, from the Website;
  2. although we have taken all reasonable steps to ensure that the materials are accurate, we do not make any warranties about the materials, including without limitation any warranty that the materials are complete, will operate uninterrupted or are error-free;
  3. Ansvar Insurance does not warrant, guarantee or make any representation that the Website, materials or the server that makes the Website available on the World Wide Web are free of software viruses; and
  4. the Website is provided on an “as available” basis. You agree that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any materials cannot be guaranteed.

You expressly agree and understand that in no circumstances will Ansvar Insurance be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits, data, goodwill or opportunity, of whatever nature howsoever arising (including but not limited to negligence and any act or omission by Ansvar Insurance) which result from (i) the use of or access to or any inability to use or access our Website; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on our Website. To the fullest extent permitted by law our liability to you for services supplied by us to you shall be the lesser of the amount required to resupply those services, the payment of the costs of having those services resupplied, or the aggregate amounts paid by you in respect of those services to us, if any.

To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law, our liability will be limited, at our sole discretion, to resupply those services or the payment of the costs of having those services resupplied.

Applicable law

Our Website is located in the State of Victoria, Australia. Our Website, your use thereof, and any conditions, legal notices and additional terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the exclusive jurisdictions of the courts of that State.

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