- 1300 Insurance is an Authorised Representative of the Relevant Licensees.
- You are a person who is accessing the Website.
- 1300 Insurance, via the Website and as an Authorised Representative of the Relevant Licensees, facilitates the Application Process between you and the Relevant Licensee for the issue of Insurance Products by the Relevant Licensee to you.
- The terms and conditions relating to the issue of Insurance Products are contained in the disclosure documents for that Insurance Product and any agreement in relation to the issue of Insurance Products are made by you with the Relevant Licensee and are not governed by this Agreement or with 1300 Insurance.
In this Agreement:
"1300 Insurance", "Us" or "We" means 1300 Insurance Pty Ltd ACN 124 845 727 or any of its associates or related bodies corporate, within the meaning in the Corporations Act, that facilitate the issue of Insurance Products by the Relevant Licensee.
"Agreement" means this user agreement governing the access to and use of the Website.
"Application Process" means the application process relating to the issue of Insurance Products by the Relevant Licensee to you.
"Authorised Representative" means an authorised representative, as defined under the Corporations Act:
- for home, landlord, motor, caravan and trailer and motorcycle related Insurance Products, as agent of the insurer Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL No. 234708 (Allianz), AR Number 327609;
- for travel related Insurance Products, AWP Australia Pty Ltd ABN 52 097 227 177 AFSL 245631 trading as Allianz Global Assistance (AGA), AR 327609;
- for pet and animal related Insurance Products, of The Hollard Insurance Company Pty Ltd AFSL 241436, AR Number 327609;
"Content" means any information and material provided on the Website which is made available by us, including information associated with Insurance Products.
"Insurance Content" means any information and material provided on or through the Website which is made available by the Relevant Licensee as part of the Application Process, including (without limitation) any tools, calculators, articles, hyperlinks or other forms of information and material.
"Corporations Act" means the Corporations Act 2001(Cth) and the regulations made under that legislation, as modified.
"Insurance Product" means a insurance product, as defined under the Corporations Act, that is issued by the Relevant Licensee under the relevant disclosure document.
"Relevant Licensee" means, in relation to:
- for home, landlord, motor, caravan and trailer and motorcycle related Insurance Products, as agent of the insurer Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL No. 234708 (Allianz);
- travel related Insurance Products, AWP Australia Pty Ltd ABN 52 097 227 177 AFSL 245631 trading as Allianz Global Assistance (AGA);
- pet and animal related Insurance Products, The Hollard Insurance Company Pty Ltd AFSL 241436;
"You" or "your" means those person(s) who wish to have access to the Website subject to and on the terms and conditions of this Agreement.
"Website" means the website located at www.1300insurance.com.au, which 1300 Insurance has developed and is the proprietor of.
- We agree to you to accessing the Website on the terms and conditions set out in this Agreement and for the purposes of:
- accessing the Content; and
- facilitating an application for Insurance Products by completing the Application Process online.
- Access to the Website is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Insurance Products.
4. Application Process for Insurance Products
- You may be able to apply for Insurance Products via the Website on the basis of properly completing the Application Process made available to you on the Website.
- In doing so, you agree that:
- the issuer of the Insurance Product is the Relevant Licensee and that 1300 Insurance's role in the issue of an Insurance Product to you is limited to that of an Authorised Representative of the Relevant Licensee;
- the Application Process for Insurance Products is with the Relevant Licensee and not 1300 Insurance;
- you have been provided and have read the relevant disclosure documents relating to the Insurance Product your Application Process relates to in their complete and unaltered form (be it paper or electronic) prior to completing the Application Process; and
- you understand that upon request to 1300 Insurance or the Relevant Licensee, 1300 Insurance or the Relevant Licensee will provide you with paper copies of any disclosure document that has been provided to you electronically.
- You agree:
- that all information disclosed in the Application Process is true, accurate, current and complete;
- that you will use best endeavours to provide any information or documentation relevant to your use of the Website in order to assist 1300 Insurance in relation to any discrepancies that 1300 Insurance may discover and any queries or demands that 1300 Insurance may receive from any regulatory, law enforcement or statutory body; and
- where you have provided access to the Website for another person to apply for Insurance Products, you will ensure that they have read the relevant disclosure document for that Insurance Product.
- You warrant that, prior to the completion of the Application Process that you have the appropriate authority to proceed with the relevant application.
- You agree that, at all times, you will provide true, accurate, current and complete information about you to us.
- If you are providing advice to a person outside Australia you must ensure that the person does not rely on any advertising, information or other material available on or via the Website.
You cannot assign your rights under this agreement without the prior written consent of 1300 Insurance.
- We may, at our sole discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of, the Website by you will constitute an acceptance of those modifications.
- You agree that any instructions for using or accessing the Website provided to you or posted on the Website from time to time form part of the Agreement.
- Any Content available on the Website, including (without limitation) any tools, calculators articles and information about the Insurance Products is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individuals. The Content does not purport to provide advice or make any recommendations. The Content should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment.
- Any Insurance Content available on the Website or in relation to the Application Process is made available to you by the Relevant Licensee and not by 1300 Insurance. As such, 1300 Insurance makes no representations nor is responsible to you, including but not limited to for the accuracy and reliability, in respect of the Insurance Content.
- Unless expressly stated otherwise, the fact that the Application Process, the Content and the Insurance Content is accessible through the Website and facilitated by 1300 Insurance or that the Application Process was completed by you:
- is not a recommendation by 1300 Insurance of the merits, or a guarantee of the performance, of any Insurance Product; and
- is not intended to be a representation that you or any persons will be issued Insurance Products or otherwise be able to acquire any Insurance Product by applying for such Insurance Products via the Website or directly from 1300 Insurance or the Relevant Licensee.
- You agree that where 1300 Insurance is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided on the Website. We suggest that any such document be printed or electronically stored for future reference.
9. No express warranty
1300 Insurance makes no warranty that the use or operation of the Website, the Content or any aspect of the Website will be uninterrupted or error-free or that the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
10. Limitation of liability
Where any Act, law or statute implies in this Agreement any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. However, the liability of 1300 Insurance for any breach of such term, condition or warranty will be limited, at the option of 1300 Insurance, to:
- if the breach relates to goods:
- the replacement of the goods or the supply of the equivalent goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- if the breach relates to services:
- the supply of the services; or
- the payment of the cost of having the services supplied again.
11. Intellectual property
- All trade marks on the Website are owned, or used under licence by, us or the Relevant Licensee.
- Nothing contained on the Website should be construed as granting any licence or right to use any trade mark. Your use of the trade marks, or any other Content, except as provided herein, is strictly prohibited.
- All Content is protected by copyright laws and is owned, or used under licence by, us.
- You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You will not obtain any intellectual property rights in or any right or licence to use the Content on the Website other than as set out in this Agreement.
- You agree not to reproduce or distribute any information or other material protected by copyright or any other intellectual property right (as well as the rights of publicity and privacy) that are not expressly authorised by us.
If you are accessing as, or for, a corporate entity or as agent or trustee of a person you agree that you have the authority to bind that entity or person to this Agreement, and you are bound by these terms and conditions as a trustee or agent of that person.
14. Anti-money laundering and other illegal activities
- To meet the regulatory and compliance obligations under the Anti-money Laundering and Counter Terrorism Financing Act 2006 (Cth) and relevant regulations and rules ("AML Legislation"), that we, or a Relevant Licensee may have, we may need to:
- delay, block or refuse transactions where we have reasonable grounds to believe that these transactions breach Australian law or the law of any other country; and
- from time to time, require additional information from you to assist us in meeting our obligations as required by the AML Legislation.
- You agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of another country including (but not limited to) the AML Legislation.
This Agreement is governed and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.