These Terms and Conditions of Use are dated December 2018 and are effective until they are replaced by new or amended Terms and Conditions of Use being published.
3. These Terms and Conditions of Use are subject to amendment or replacement at any time by publication of the amended or replacement Terms and Conditions of Use on the Website. If the Terms and Conditions of Use are amended or replaced and those new terms are published on this Website, your continued use of the Website constitutes your agreement to be bound by the amended or new Terms and Conditions of Use.
4. The Website is owned by TAL Services Limited ABN 60 076 105 130 (TAL Services) and is operated by TAL Services, Insuranceline, and their related bodies corporate (collectively, the TAL Group). Insuranceline is a trading name of TAL Direct Pty Limited ABN 39 084 666 017, AFSL 243260 (TAL Direct). A reference to “we”, “us”, and “our” in these Terms and Conditions of Use is a reference to one or all of these entities, as the context requires.
5. You must only use this Website to access information about Insuranceline’s products, and services provided by Insuranceline, for bona fide personal purposes.
6. You agree not to enter any false, incorrect, inaccurate, or incomplete information into any input field of this Website, and you acknowledge that the products, services, disclosure documents and communications can only be delivered to you if you provide true, accurate and complete contact information and such other information as we notify you that we require in order to deliver the products or services to you. By entering any information into any input field of this Website, you represent that it is complete and accurate and that you understand and agree that the information will be retained and used for the purposes of providing the products and services offered on the Website and that it may be used or disclosed as set out in the applicable Privacy Policies.
7. The material on this site is intended for use in Australia for Australian customers of Insuranceline only, and any offers made on this site are available only to Australian residents. The material on this site is not intended for use outside Australia, and the insurance products are generally not available to non-residents of Australia. No claim is made that the information contained on this site is appropriate or may be downloaded legally outside of Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction. If you do not meet the residency criteria that applies to the insurance product you are considering, you must not make any application for that product.
9. You acknowledge that any software available or provided to you on the Website may contain technology that is subject to controls by various agencies of the Australian Government and pursuant to Australian export controls. You hereby agree that you will not transfer or export this software from Australia (including, for example, providing such software to any foreign person or entity) in violation of Australian export laws and regulations.
10. This Website contains information about Insuranceline products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract, and does not form part of the terms and conditions for Insuranceline’s products and services.
11. Any offers are identified in the product and financial services disclosure documents, and in any terms and conditions specifically identified as terms and conditions relating to a particular offer (such as gift with purchase or customer loyalty offers). Any legal rights and obligations which Insuranceline and you may have will be contained in the terms and conditions of the contract and/or policy issued to you, which may incorporate the terms of a product or financial services disclosure document. Insuranceline currently offers products and services named on the Website.
12. All product information displayed on the Website is subject to policy terms and conditions (including eligibility criteria, exclusions and limitations) which are set out in the relevant product disclosure document, and it is your responsibility to read and consider fully these terms and conditions before making any decision to acquire, continue to hold, vary, or to dispose of, any Insuranceline product. A copy of each PDS and/or Policy Wording is available on this website or by contacting us.
13. Certain information on the Website may include the views or recommendations of third parties, which do not necessarily reflect our views, or indicate our commitment to a particular course of action.
14. From time to time, Insuranceline may publish wellbeing, health, fitness, financial and other tips and other information for the benefit of users of the Website. These materials are intended for information purposes only, are summaries, and are not substitutes for legal or other professional (such as medical, taxation or financial planning) advice. To the fullest extent permitted by law, reliance on the contents is at your own risk, and you should always seek professional advice before acting on any of the information.
15. The information on the Website is subject to change, amendment, update or removal without notice. Where possible, we will maintain your access to certain documents you may require in future, such as disclosure documents that are no longer in use but were current at the time you were provided with a financial service or acquired an insurance product. If you were provided with a disclosure document (such as a Product Disclosure Statement or Financial Services Guide) by way of hyperlink and did not save a copy of this document at the time that you received it, and are unable to access it on this Website in future, please contact us to arrange another copy.
16. Financial services (as that term is defined in the Corporations Act 2001 (Cth)) provided on the Website are provided by Insuranceline. You can download Insuranceline’s Financial Services Guide from www.insuranceline.com.au/financial-services-guide. If you would like a copy emailed or posted to you, please call or write to us using the contact information provided on the Website.
17. By using the Website you acknowledge that any financial product advice that is provided to you is general in nature only and has been prepared without taking into account your objectives, financial situation, or needs (‘general advice’), and you understand that because of that, before acting on it you should consider the appropriateness of the advice having regard to those factors, and if necessary to seek advice that is tailored to your circumstances from a qualified professional.
18. You understand that before making any decision to acquire or to continue to hold any of the products that are promoted and distributed on the Website you should carefully consider the terms and conditions in detail, and you agree that you will not make any application for any insurance product until and unless you have obtained and read the Product Disclosure Statement for that product. You can find Product Disclosure Statements for the products promoted by Insuranceline at www.insuranceline.com.au/pds, or you can request free copies by contacting Insuranceline using the contact details provided on the Website.
19. Calculators and other devices which may assist you in selecting insurance for your objectives, financial situation and needs that are or may be provided on this website from time to time only provide general advice. Assumptions and limitations apply to the figures that they produce. Use of these calculators and other devices is at your own risk and you should always consider whether the figures that they produce are appropriate for you, having regard to your objectives, financial situation, and needs.
20. Insuranceline is required by law to provide certain disclosure documents to persons who are acquiring financial services or financial products, and the insurers are required to issue certain communications to holders of financial products. To the extent permissible by law, all disclosure documents (such as Product Disclosure Statements and Insurance’s Financial Services Guide) made available on this Website, and communications arising from your use of this Website, will be in electronic form and will be provided to you:
21. By accessing and using this Website, you agree to disclosure and communication in the manner described above unless you expressly inform us that you require disclosure documents and communications to be provided to you in hard copy or by post. You may revoke your agreement to electronic disclosure and communication by letting Insuranceline know that you wish to receive disclosure and communication by using the contact details below:
Post: Reply Paid GPO Box 5380, Sydney NSW 2001
Phone: 1800 999 804
22. You acknowledge that in order to receive, read and retain electronic disclosure documents and communications from Insuranceline, you must:
23. You understand that you should save or print (or otherwise retain) copies of the disclosure documents and communications that we send to you, and you understand that while some documents can be provided to you again there may be costs involved in replacing certain documents, such as policy documents.
24. Insuranceline may allow you to undertake certain transactions on the Website (Online Transactions). These may include, but are not necessarily limited to: preparing “quotes” for insurance; applying for new policies; managing existing policies such as by updating personal details and contact information, nominating beneficiaries, and nominating payment preferences; making payments; and requesting certificates of insurance.
25. Parts of the Website are accessible to you by entering a user name and password. Together, these identifiers are known as your “user ID” (UID). You must keep your UID confidential and secure against improper or unauthorised use at all times, and must not share your UID with any other person. You are responsible for any action, omission or instruction carried out in conjunction with your UID and you authorise Insuranceline to act on any instructions received by a person operating the Website using your UID. If the confidentiality or security of your UID is compromised, you must inform Insuranceline immediately so that any transactions that have occurred since the confidentiality or security of your UID was compromised can be verified as having been properly instructed by you, and reset your UID immediately.
26. An Online Transaction only occurs when our servers receive your application or instruction and a record of your application or instruction is created in our systems, and we issue you with a policy or confirm that we have fulfilled your instruction. You will receive confirmation of the Online Transaction when either a confirmation is displayed to you on the Website, or we write to you (including electronically) or telephone you to notify you that the instruction has been fulfilled or in the case of an application for insurance that your application has been accepted. You should not consider the Online Transaction to have been fulfilled until and unless you receive such confirmation from us. This is because in some cases our servers may not receive or record your application or instruction; we may decline your application or instruction; or we may offer you alternative terms that you will need to specifically agree to before a policy of insurance can be issued.
27. All material available through the Website is owned by or licensed to us, and is protected by intellectual property rights. You accept full responsibility and indemnify us for any expense, loss or liability that we incur as a result of any use by you of the material on the Website that is not expressly authorised by us.
28. You may view, copy, print and distribute material in electronic or other forms only for your bona-fide personal and non-commercial use or purposes.
29. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions of Use, no material on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, transmitted or incorporated in any form by any process without our specific written consent.
30. You agree not to access, download or otherwise use any material on this website in any way not expressly authorised by us.
31. 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.
32. You are not authorised to establish a link to the Website or use a logo owned by us or trademark without our prior express written permission. Should you wish to place a link to any part of the Website you must first seek approval from us. If we agree to your proposed link you must comply with any terms and conditions imposed by us as a condition of that agreement. If the nature or content of your website breaches any applicable laws or if you cease to comply with the terms and conditions of our agreement we reserve the right to terminate the link immediately.
33. This Website contains links to other websites that are owned, operated or controlled by third parties (Linked Sites). The inclusion of any link is for your convenience only and does not indicate a relationship between us and the third party or any recommendation or endorsement of the site or organisation by us. In particular, we do not endorse any views, recommendations, content, use, products or services included or referred to in any of the information contained on any Linked Site, and subject to any law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, or fitness for purpose of information or products or services available through Linked Sites, or that Linked Sites do not infringe the intellectual property rights of any person.
34. Use of links to Linked Sites is at your own risk. We do not control and are not responsible for any information or material found on those Linked Sites. It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator or the organisation that is responsible for the website.
35. Unless otherwise indicated products available on Linked Sites are third party products. These products may be subject to license agreements between you and the relevant product owner. To the extent permitted by law, we do not accept any liability in respect of such third party products, and we do not provide any warranty or give any endorsement in respect of such products or any party connected with them.
36. You acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these Linked Sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on the Linked Sites.
37. TAL may receive payments from owners and operators of Linked Sites in relation to products or services supplied by that organisation as a result of you using links to those websites.
38. You agree that you will not use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of the Website or any transaction or process being conducted on or through it. Data can include but is not limited to personal information, corporate information and financial information such as credit cards, and UIDs.
39. You will also not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to any of the Website. It is an offence to intercept, divert, hamper, impersonate, modify data/configurations or collect data from our systems unless you are authorised to do so.
40. In using this Website you agree that you will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission. You agree not to use any process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party. You agree not to use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website, or copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.
42. The Website uses “cookies” to track your visits, activity, and data inputs, and to make some parts of the Website useable to you. You can decide whether and how cookies will be accepted in your browser settings, however you acknowledge that some parts of the Website and some services may not be useable by you if you do not accept cookies, such as quote creations and applications.
44. Use of this Website is at your own risk. We make no warranty that the use or operation of the Website or any aspect of the Website, or any of the services available on the Website or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law. Nor do we warrant the accuracy or completeness of the information on the Website or accept any responsibility or liability arising in any way (including by reason of negligence) for errors in, or omissions from the information on the Website.
45. The different entities of the TAL Group are not responsible for, or liable in respect of, products and services provided by other TAL Group entities.
46. Subject to any responsibilities under law and which cannot be excluded, the materials on this Website are provided “as is” and without warranty of any kind (either express or implied), and no member of the TAL Group will be liable for any losses, damages, liabilities, claims and expenses whatsoever arising out of or referable to the Website, or your use of or access to it, whether in contract, tort, statute or otherwise.
47. We do not warrant that the Website or its contents will be error and/or omission free or provided uninterrupted. Nor will we be liable for errors and/or omissions or interruptions to the Website or for loss or damage suffered as a result of reliance on any information or document available on this Website, except where that liability cannot be excluded by law.
48. You indemnify the all members of the TAL Group for any expenses, loss, damage, costs, demands or liabilities arising out of or in connection with the use, including without limitation any improper or unauthorised use, of your UID, except where you have notified us in accordance with these Terms and Conditions of Use that the confidentiality of security of your UID has been compromised.
49. To the fullest extent permissible by law, all members of the TAL Group specifically disclaim any and all liability that may arise for direct, indirect, incidental, consequential, loss of profit or special damages that may arise from the access to and/or use of the Website or any Linked Site, including in relation to the accuracy, reliability, currency or completeness of any material contained on the Website.
50. You acknowledge and agree that you access and use this Website at your own risk.
51. We apply a range of security controls to protect the Website from unauthorised access, use and interference. However, you should be aware that the World Wide Web is an unsecured public network that gives rise to a potential risk that your transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.
52. We do not warrant or represent that the Website or its contents, or any Linked Sites, will not cause damage, or is free from any computer viruses, disabling codes, worms or any other defects or errors. We accept no liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to this Website or its use. You should take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
53. These Terms and Conditions of Use, your agreement to these Terms and Conditions of Use, and your access to the Website may be terminated at any time. However, in that event, all disclaimers and limitations of liability of all members of the TAL Group, any obligations undertaken by or licences granted by you, and any restrictions, will survive such termination.
54. If you use of the Website is terminated, you will no longer be authorised to access or use the Website and you must not directly or indirectly access the Website.
55. Should any term or part of these Terms and Conditions of Use be found to be void or unenforceable, then those parts are to be severed from the other terms, leaving the remainder in full force and effect, provided that such severance does not alter the fundamental nature of the total Terms and Conditions of Use.
56. Use of this Website and the provision of services by us, and any matter arising in relation to it, is governed by and subject to the law in force in the state of New South Wales, Australia.
57. You irrevocably submit to the jurisdiction of the courts of the state of New South Wales, Australia.