Terms of Use

TERMS OF USE

The terms and conditions contained in this document and any conditions, notices and disclaimers contained elsewhere on IMAR’s Website (known collectively as the “Terms of Use“) govern your access and use of the Website, the purchase of Products and use of our Services. You may be asked to expressly agree to these Terms of Use, otherwise your use of and access to this Website constitutes your agreement to be bound by these Terms of Use. If you disagree with these Terms of Use, or any part of them, you should not use the Website, purchase our Products and use our Services.

1. GENERAL

  1. If you purchase Products on the Website or otherwise through us, then the relevant Product will have it owns terms and conditions which may be found in the Product Disclosure Statement (“PDS”), any applicable Supplementary PDS and the terms of the relative insurance policy.
  2. Our Financial Services Guide (as varied from time to time by us)(FSG) form part of these Terms of Use, and you agree to the terms set out in our FSG. To the extent of any inconsistency between the FSG and the terms set out in this document, this document will prevail.
  3. All applications for Products are subject to and must comply with our approval criteria and any applicable underwriting guidelines.
  4. We reserve the right, at our discretion, to change these Terms of Use at any time, by publishing the changed Terms of Use on our Website. If you have an account on the Website, we may send you an email notifying you of a change. Your continued use of the Website following any changes to these Terms of Use will constitute your acceptance of any changes we make. If you do not agree to a change to these Terms of Use, you can terminate in accordance with clause 19(a).

2. OUR SERVICES

  1. We will provide the Services with due care and skill, in accordance with relevant professional and ethical standards, and in compliance with applicable legislation.
  2. The Services may be provided to you by one or more of the companies in our group or an authorised representative of one of those companies as explained in our FSG.

3. PRIVACY

  1. Both parties agree to comply with the Privacy Act 1988 (Cth).
  2. You also acknowledge and agree to the way we collect, store, use and disclose personal information as set out in our Privacy Policy (as varied from time to time by us). Particularly, you acknowledge and agree that your personal information may be shared with insurers (of the relevant Products you wish to, or do, purchase).
  3. We may collect personal information, which is required for providing the Services, such as the personal details of you or your employees. Before you give IMAR personal information about an individual, you must inform them that you intend to provide their personal information to us and obtain any necessary consents for us to collect, store, use and disclose that personal information in accordance with our privacy policy.
  4. You agree to indemnify IMAR for all damages, losses and expenses which we incur in connection with any investigation, claim or proceedings arising from or caused by your failure to comply with your obligations under this clause 33.

4. YOUR GENERAL OBLIGATIONS

  1. To access certain features of the Website you must create an account. You are responsible for all transactions on your account, and for keeping secure and confidential your account login details. You must keep your personal details and other information in your account up to date at all times.
  2. To use the Website, and purchase Products from us, you must be at least 18 years of age, and have legal capacity to understand and accept these Terms of Use.
  3. You must ensure that any information that you provide us is accurate, current and complete.
  4. We will rely on the accuracy and completeness of the information you provide to us. We do not independently verify the information you provide.
  5. Before you enter into an insurance contract with an insurer, you have a duty under the Insurance Contracts Act 1984 to disclose information to the insurer. The Duty of Disclosure applies until the insurer agrees to insure you or renew your insurance. The Duty of Disclosure also applies before you extend, vary or reinstate your insurance. You must tell the insurer all information that is known to you, that a reasonable person could be expected to know that is relevant to the insurer’s decision to insure you and on what terms. For further information about your legal duty of disclosure refer to our Financial Services Guide and to the Important Notices.
  6. Carefully review your insurance contract to ensure it accurately reflects the cover, conditions, limits and other terms that you require. If the contract does not meet your needs, please contact us immediately.

5. ADVICE WARNING

Any advice we provide you on this Website, or during the course of providing you Services, is “General Advice” only. General Advice is advice that has been prepared without considering your current objectives, financial situation or needs. Therefore, before acting on this advice, you should consider the appropriateness of the advice having regard to your current objectives, financial situation or needs. You should consider whether or not the relevant Product is appropriate for you, and you should read the PDS and any Supplementary PDS before making any decision about whether to acquire the Product.

6. RENUMERATION FEES

  1. Unless we have agreed otherwise, our remuneration typically constitutes:
    1. a professional broking fee as agreed with you;
    2. a commission paid to us by the insurer; or
    3. a combination of fees and commissions.
  2. With your prior agreement, we may also charge you for out of pocket expenses, such as travel and accommodation, that we reasonably incur in providing the Services.
  3. For further information about our remuneration, please refer to our FSG.
  4. You agree to pay our fees and all insurance premiums (including any statutory charges) incurred by us in providing the Services on or before the relevant due date, which may be set out on our Website, our tax invoice (if applicable), or in accordance with the Instalment Payment Terms .
  5. Unless stated otherwise, all of our fees and commission are exclusive of GST (as defined in A New Tax System (Goods & Services Tax) Act 1999).
  6. You consent to us deducting any amounts you owe under these Terms of Use from any payments we receive on your behalf (such as claims monies or premium refunds). We will advise you in writing of the amount and reason for the deduction within 5 business days of receipt of the payment. We can make deductions at any time, including after you notify us that you are terminating our Services.
  7. The Fees displayed on the Website are in Australian Dollars, and are current at the time of display, but may be subject to change from time to time.

7. THIRD PARTIES

From time to time, you may instruct us to engage third parties on your behalf in relation to the Services. We will tell you about the fees charged for third party services if we procure them for you or your benefit. Unless otherwise agreed you must pay any relevant fees and expenses, and we will not be liable to any third parties.

8. ONLINE TRANSACTIONS

  1. Our Website may enable you to make certain transactions online, for example the purchase or renewal of a Product (issuance of an insurance contract) and administering your policy. Each transaction will not be completed until an “electronic instruction” (being any electronic instruction, request or communication issued or transmitted to us through the Website) containing the acceptance from you to our relevant offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by IMAR, and any applicable requirements set out in clause 6 have been complied with.
  2. You acknowledge and agree that:
    1. if you use any third party to provide us any electronic instruction on our Website (for example requesting or accepting a quotation), you will be bound by the actions of that third party with respect to the transaction, and will also be bound by these Terms of Use;
    2. we may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you;
    3. we may treat an electronic instruction through our Website as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions; and
    4. you acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an electronic instruction through our Website, may not be received by us for reasons beyond either parties’ reasonable control including without limitation mechanical, software, computer, telecommunications, or electronic failure, or the failure of third party service providers or systems.

9. PURCHASING AND QUOTATIONS

  1. You may purchase or renew Products from us through our Website or over the phone (by contacting us), depending on the Product.
  2. Where our Website enables you to purchase or renew Products online:
    1. you must enter all data requested for IMAR to provide an electronic quote based on the information you provide;
    2. we will provide a quote for the relevant Product electronically and this will constitute our offer to you;
    3. you may electronically instruct your acceptance of the offer by selecting the relevant “purchase” or “buy” button and providing valid information about the bank account or credit card that you will be using to pay for the Product;
    4. a binding contract will only come into place when we receive your acceptance of the offer, we accept the order by displaying a confirmation of payment on your screen and we also receive clear payment of the Fees when a debit is made against the credit card or bank account nominated by you in the quote process;
      please contact us if you do not receive a policy number, PDS or schedule.
  3. Any quotation we provide you for Products is valid only for a period of thirty (30) days from the date that we provide it.
  4. Products you order from us must not be for commercial resale.
  5. Any refunds that become payable to you will only be paid back to the account you originally paid with.

10. PAYMENTS BY INSTALMENTS

We may offer you the ability pay for certain Products by instalments. The Instalment Payment Terms form part of these Terms of Use, and apply to you to the extent that you elect to pay for certain Products by instalments.

11. CREDIT CARD AUTHORITY

  1. If you elect to pay by credit card, then you hereby authorise us to arrange (through our third party provider, Fat Zebra Pty (ACN 154 014 785)), for funds to be charged to your nominated credit card, to pay the relevant amount.
  2. You must ensure that there are sufficient clear funds available on your credit card account to allow a payment to be made in accordance with clause (a). If there are insufficient funds you may be charged a fee and/or interest by your financial institution.
  3. You must ensure at all times that all of your details (including account details) with us are kept up to date.

12. AGENCY

For certain Products we will be acting under an authority given to it by the insurer (under a binder) and will be effecting the insurance contract as agent of the insurer and not the insured. Please refer to the Important Notices.

13. WARRANTIES AND OUR LIABILITY

  1. We do not warrant guarantee or make any representation that the Website, or the server that makes the site available on the World Wide Web are free of software viruses, free from errors, free from third party illegal or harmful use, or that the Website will operate uninterrupted.
  2. To the extent permitted by law, we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website.
  3. This Website may contain links to other websites owned and operated by third parties who are not use or our related bodies corporate (“Linked Websites“). The Linked Websites are not under the control of us, and we are not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and we make no representation or warranty with respect to the content of any such Linked Websites.
  4. To the extent permitted by law, we exclude all liability to you or any other person, for any loss (including without limitation indirect, special or consequential loss), damages, costs (including legal costs) or expenses of any kind, arising from or in connection with your use or access of the Website, including without limitation:
    1. delays to, interruptions of or cessation of transmission to or from the Website;
    2. the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
    3. any unauthorised access of or breach of security to this Website, for whatever reason;
    4. any failure or delay in effecting any transaction attempted to be processed through this Website, for whatever reason;
    5. any error, faults, omission, inaccuracies or misrepresentation in relation to this Website or its content.
  5. Nothing in these Terms of Use is intended to exclude, restrict or modify any guarantees under the Australian Consumer Law which apply and cannot be excluded, restricted or modified. Otherwise, all terms, conditions, warranties and representations, express or implied by statute or otherwise are excluded to the extent permitted.
  6. To the maximum extent permitted by law, our entire liability to you (whether in tort, common law or under statute and whether by reason of negligence or breach of these Terms of Use) will not exceed $20 million in the aggregate.
  7. Notwithstanding any other provision in this clause 13, we will not be liable to you for any punitive, special, aggravated, exemplary or liquidated damages or indirect, incidental or consequential loss of any kind, including loss of profits or revenue, loss of opportunity or contract, loss of data, loss of production, use or supply, loss of reputation or goodwill, deterioration in value or increased business cost.
  8. Our liability will be proportionate to the share of responsibility we have for any loss you incur, according to the degree to which we (or our employees, authorised representatives or agents) caused or contributed to your loss.

14. CONFIDENTIALITY

Each party agrees to treat all information received from the other party as confidential and not to disclose it without the written approval of the other party, except where:

  1. the recipient is the party’s professional advisor, who agrees to keep the information confidential;
  2. disclosure is reasonably required to carry out the Services (or purchase of a Product), including disclosing information to current or prospective insurers, other insurance intermediaries, or a party’s group companies;
  3. disclosure is required by law; or
  4. the information is already in the public domain, or in a party’s lawful possession other than through breach of these Terms of Use or any other obligation of confidence.

15. INTELLECTUAL PROPERTY

We retain all ownership, title, copyright and other intellectual property rights in all materials used, developed or created by us in providing the Services to you. These include our knowledge, ideas, concepts, systems, software, documentation, models, studies and methodologies.

16. BRIBERY/CORRUPTION

We each agree to comply with all applicable laws, statutes and regulations including those relating to anti-bribery and corruption as they apply to the Services and these Terms of Use. Any breach of these requirements entitles the other party to terminate these Terms of Use immediately.

17. SANCTIONS

We implement a global policy aimed at ensuring compliance with economic, financial and trade sanctions, and foreign export controls. We may be required to take actions such as freezing the funds of parties subject to these sanctions, and not performing some obligations under this Terms of Use. We reserve the right to take steps to comply with our sanctions policy (and we will not be liable to you for this or for similar steps taken by third parties).

18. WEBSITE

18.1 Ownership
  1. The material on the Website is copyright of IMAR. IMAR reserves all Intellectual Property Rights in the Website and material contained in it.
  2. Subject to clause 18.1(c), you may view, download , and print pages from the Website for your own personal and non-commercial use, provided you do not remove any copyright and trade mark notices contained on the material.
  3. You must not:
    1. upload, repost or republish material from the Website (including to any other site on the World Wide Web);
    2. “frame” the material on the Website with other material on any other World Wide Web site;
    3. sell, rent or sub-license material from the Website;
    4. show any material from the Website in public;
    5. reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
    6. edit or otherwise modify any material on the Website; or
    7. redistribute material from the Website.
18.2 Acceptable use

You must not:

  1. use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  2. use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without IMAR’s express written consent;
  4. use the Website to transmit or send unsolicited commercial communications;
  5. use the Website for any purposes related to marketing without IMAR’s express written consent.
18.3 User Content
  1. You grant to us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, modify, translate and distribute User Content in any existing or future media. You also grant to us the right to sub-license these rights.
  2. You represent and warrant in relation to User Content You provide, that:
    1. you are authorised to provide the User Content;
    2. the User Content is not false, misleading or defamatory;
    3. the User Content does not contain any obscene or discriminatory language;
    4. you are the sole author of the User Content and owner of the Intellectual Property Rights of the User Content;
    5. the User Content does not infringe any Intellectual Property Right of a third party;
    6. you consent to any acts or omissions by us in respect of User Content which might otherwise infringe your “moral rights” (as defined under the Copyright Amendment (Moral Rights) Act 2000 (Cth)) ; and
    7. the User Content does not infringe any law, statute or regulation (including but not limited to any unfair competition, anti-discrimination or false advertising);
  3. We reserve the right to edit or remove any User Content from the Website.

19. TERMINATION

  1. This Agreement may be terminated by either party providing 30 days written notice of termination. You are required to pay our remuneration in relation to the Services we perform up to this date.
  2. You are entitled to terminate these Terms of Use at any time, by ceasing to use the Website and cancelling your account with us, and providing us 30 days notice.
  3. We may terminate these Terms of Use, without cause, on providing you 30 days written notice of termination.
  4. We can terminate these Terms of Use at any time in respect of you, or disable (temporarily or permanently) your use of the Website at any time, with immediate effect and without notice to you, if you breach any of these Terms of Use, or if providing you services breaches any applicable laws, professional or ethical standards, in our reasonable opinion.
  5. If these Terms of Use are terminated, but you have not cancelled your relevant insurance policy, then you must still pay to us all Fees owing (including remuneration up to the date of termination) and including that if you have elected to pay by monthly instalments you must continue to pay for the relevant Product (in accordance with clause 10).
  6. You may cancel an insurance policy at any time by providing written notice to us.
  7. The insurer (or us on their behalf) may cancel your policy in accordance with the Insurance Contracts Act 1984 (Cth).
  8. On cancellation of any insurance policy, whether by you, us or the insurer:
    1. your insurance policy, or applicable law, may allow you to obtain a refund of the premium (and other certain fees) paid, for example where a cancellation takes place within an applicable cooling off period;
    2. however, you agree that our commission and fees that have been paid (or payable) to us are non-refundable to you and may be deducted by us from any refund otherwise payable by the insurer to you on cancellation of the policy, irrespective of any terms to the contrary in the relevant insurance policy.
  9. From the date of termination we will cease providing Services to you, including those in relation to any claims we may be managing on your behalf, unless otherwise agreed in writing. If this these Terms of Use are terminated while we are managing your claim, you (or another service provider you appoint) will have to manage this process with the relevant insurer.
  10. Clauses 3, 13, 14, 15, 16, 17, 19, 20, 21 survive the expiry or the termination of these Terms of Use.

20.MISCELLANEOUS

  1. We may give notice under these Terms of Use by means of notice on the Website, or my email or post to your email address and postal address on record in your account information or otherwise the most recent email or postal address supplied by you. You can notify us, or lodge a dispute in relation to these Terms of Use by emailing insure@imar.com.au, or writing to Level 3, 700 Springvale Road, Mulgrave VIC 3170.
  2. If any provision of these Terms of Use at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
  3. Unless expressed in writing to you by us, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.
  4. These Terms of Use will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

21. DEFINITIONS

In these Terms of Use:

  1. Fees” means the premium, taxes and other relevant charges in respect of the relevant Product, and our commission and fees;
  2. IMAR”, “us”, “our” or “we” means Arthur J. Gallagher & Co (AUS) Limited (ABN 34 005 563 920) trading as “IMAR”;
  3. Intellectual Property” means all copyright, trademarks, designs, confidential information, patents, invention and discoveries;
  4. Intellectual Property Rights” means all rights in the Intellectual Property, including current and future, registered and unregistered rights conferred by statute, common law or equity;
  5. Products” means the insurance products that may be purchased on the Website, or otherwise through us;
  6. Services” means insurance broking or other services we may provide you;
  7. User Content” means any material, including without limitation text, images, audio material, video material , that you submit to the Website, for whatever purpose;
  8. you” or “your” means the user of the Website, and/or the purchaser of the Products and/or Services, and where such use and/or purchase is on behalf of entity (such as a company), partnership or trust, then “you” and “your” will also mean that entity, partnership or trust;
  9. Website” means www.imar.com.au and its sub-domains.