Acceptance of Terms of Use
Please read these Terms of Use carefully before accessing this website. Each time you access or use this website, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, you are not permitted use or access this website and you must cease doing so immediately. Your acceptance of these Terms of Use shall have the same force and effect as if you had signed in writing an acceptance of these Terms of Use.
About this website
You accept and agree that:
- This website and its contents do not constitute a good or service;
- This website and its contents do not constitute advice or recommendations. For insurance and legal matters, only appropriately qualified persons acting in that capacity can provide advice. The authors of this website a) do not represent that they are such qualified persons, and b) are not providing advice;
- This website and its contents are not provided in ‘trade or commerce’, nor is this website and its contents provided in similar or equivalent terms for the purposes of legislation or regulations which have the purposes of a) protecting consumers, or b) regulating trade or commerce; and,
- Users of this website are not consumers for the purposes of legislation or regulations which have the purposes of a) protecting consumers, or b) regulating trade or commerce. As such, users of this website are not entitled to the benefits of such legislation or regulations.
Conditions and Warranties
To the extent permitted by law, this website and its contents are provided on an “as is” and “as available basis”. Furthermore, all representations, warranties, guarantees, indemnities and conditions, whether express or implied, arising by law, custom, equity, course of dealing, usage or prior oral or written statements by this website, its authors or owners are hereby overridden, excluded and disclaimed. For the avoidance of doubt, this website, its authors and owners make no representations or warranties:
- As to the validity, reliability, completeness, accuracy or legality of any information or content on this website;
- For the continuous, uninterrupted, error-free or secure access to its services. To the extent that the availability or operation of this website is beyond the control of this website’s authors and owners, such persons will not be liable for any claims, losses or damages;
- That any errors or omissions will be corrected;
- That this website or the servers that make such content available are free from viruses, malicious code or other harmful code, instructions or components;
- As to the fitness for purpose, sufficiency or accuracy of any content or information; or
- As to the performance or results you may obtain by using this website or its content.
Personal Access and Use
You must not:
- use this website and its contents to commit an unlawful act or acts;
- use this website and its contents with the intent to commit an unlawful act or acts;
- re-sell, license, lease or rent access to this website and its content;
- transfer, assign, license or sell any information, data, material or content available from this website;
- interfere or attempt to interfere with the operation of this website;
- take any action that imposes an unreasonable or disproportion load on the website or its infrastructure;
- use or attempt to use any information, material or content published on this website to create, develop or support any other website or publication; and,
- mirror or frame this website or any content within in.
You expressly agree that you are responsible for compliance with applicable laws.
Liability
The use of this website and its contents is at your own risk. To the extent permitted by law, this website, its authors and owners shall not be liable to you or any other parties for any claims, losses or damages – even if previously advised of the possibility – arising from or out of:
- your actual or suspected breach of these Terms of Use;
- any interruptions or outages in the provision or availability of this website;
- any communications provided to you via this website or by the authors and owners of this website;
- any errors, omissions, mistakes or inaccuracies with information, content or material on this website or in communications provided to you from this website, its authors or owners;
- your access or use of this website;
- the negligence of this website, its authors or owners;
- the transmission of viruses, malicious code or other harmful code, instructions or components via this website or via communications provided to you from this website, its authors or owners;
- your actual or suspected breach, contravention or violation of any applicable law or the rights of another person or party; or
- your conduct, acts or omissions with other parties.
Limitation of Liability
In the event that this website, its authors or owners are liable to you or any other parties for any claims, losses or damages, however caused, then such liability shall, to the extent permitted by law, be limited to the lesser of a) the cost incurred by you in accessing or using this website; or b) AUD$100.
Indemnity
To the extent permitted by law, you agree to indemnity, at your own cost, and hold this website, its authors and owners harmless from and against any claims, losses or damages – as well as the costs incurred by this website, its authors and owners with respect to those claims, losses or damages – where such claims are made by any third party or other party arising from or out of:
- your actual or suspected breach of these Terms of Use;
- your use of this website and its contents;
- your actual or suspected breach or violation of any applicable law or the rights of another person or party; and,
- your conduct, acts, omissions or negligence with other parties.
This website, its authors and owners reserve the right to select counsel and conduct the defence or settlement of any such claims, losses or damages. This right does not in any way relieve you of your requirement to indemnity this website, its authors and owners as described above.
Claims and Disputes
You agree to make bona fide efforts to resolve any disputes, claims, losses or damages with this website, its authors and owners prior to initiating legal action.
The ‘Negotiation Period’ will only commence once:
- you have advised this website, its authors and owners of your dispute or claim; and,
- you have provided this website, its authors and owners with information or materials that are relevant in evaluating your dispute or claim; and,
- you receive written confirmation that your dispute or claim has been received, evaluated and that this website, its authors and owners are ready to commence negotiations.
This website, its authors and owners undertake to evaluate your dispute or claim within a reasonable time period.
You may not serve a Notice of Dispute or commence court, mediation or arbitration proceedings until twenty-one (21) days after the commencement of the Negotiation Period.
In the event that a claim or dispute is not resolved within the Negotiation Period, either party may elect to submit that dispute or claim to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. Notwithstanding the existence of a dispute or claim, each party must continue to abide by these Terms of Use. With respect to mediation, each party will bear its own costs with any joint costs to be shared equally.
Governing Law and Jurisdiction
The law of the state of Victoria, Australia, governs the interpretation of these Terms of Use and applies to any and all claims. You accept that any and all claims by you shall be brought in the state of Victoria in any court of competent jurisdiction, regardless of where you access or use this website and regardless of ‘conflict of law’ or ‘private international law’ principles.
Interpretation
Headings are for reference purposes only and in no way define, limit or describe the scope or extent of these Terms of Use. If any term or condition of these Terms of Use is determined to be invalid, unenforceable, void, without legal effect or contrary to law, that term or condition is, to the extent permitted by law, to be interpreted or construed in a manner that renders it valid, enforceable, applicable, of legal effect or consistent with law. If any term or condition of these Terms of Use is determined to be invalid, unenforceable, void, without legal effect or contrary to law, and that term or condition cannot be construed in a manner that renders it valid, enforceable, applicable, of legal effect or consistent with law, that term or condition is to be severed and the remaining terms or conditions shall apply.
Intellectual Property Notice
This website and its contents are protected by copyright law. The endorsements on insurance-endorsements.com are provided in compliance with Part III, Division 3 of the Copyright Act 1968 (Cth).
Except where otherwise stated, the contents of this website including, but not necessarily limited to, text, content, design, layout, HTML programming, concept and layout of the site are the copyright of this website, its authors and owners. The trademarks and logos used and displayed on this website are registered and unregistered trademarks of this website and others and may not be used, copied, modified or adapted without the prior written consent of the trade mark owner. If you send us suggestions, ideas, notes, drawings, concepts, or other information (hereafter collectively “Suggestions”), the Suggestions shall be deemed to be the property of this website, its authors and owners and such persons shall be entitled to unrestricted use and development of the Suggestions for any purpose without compensation to the provider of the Suggestions.
Privacy Policy
The Privacy Policy for this website forms part of the Terms of Use of this website. The Privacy Policy is accessible from https://insurance-endorsements.com/privacy-policy/.