Your's, Our's and Their's
1. Your Duty of Disclosure
Before you enter into a contract of general insurance with an insurer, you have a duty under the Insurance Contracts Act 1984 to disclose to the insurer every matter that you know or could reasonably be expected to know, is relevant to the insurer’s decision whether to accept the risk of insurance, and if so, on what terms. The same duty arises on renewal, extension, variation or reinstatement of the contract. Disclosure of matters such as cancellation or premium increase by insurer/s, past claims, physical risk, criminal convictions and insolvency will be especially important. However, disclosure is not limited to these matters, nor limited to the questions asked, nor limited to the named insured and therefore full disclosure including past business or private insurance is required.
If you fail to comply with your duty of disclosure, even innocently, the insurer may be entitled to reduce its liability in respect of a claim or may cancel the contract. If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from inception.
2. Average Clause - Underinsurance
Personal Insurance e.g. home and contents policies, and Business Insurance e.g. fire, business interruption, industrial special risks policies often contain an Average Clause. Such clauses enable the insurer to reduce your claim settlement in proportion to the amount of any underinsurance. Therefore, you should always insure for full value which may be replacement, indemnity or market value depending on the cover arranged.
3. Cooling off Period for Retail Clients (as defined in the Corporations Act 2001)
You may be entitled to a minimum 14 day cooling-off period during which you may return the insurance policy and receive a refund of the premium paid subject to the Corporations Act and the terms and conditions of the policy. Please read and check your policy and schedule carefully to ensure that cover meets with your requirements. If the cover does not satisfy your needs, please contact us urgently to request cancellation within the cooling-off period.
4. Change of your Risk and Change of your Circumstances
Advise us immediately of any changes to the risk covered or your circumstances. Some examples of such changes are: change of location, risk, activity, insured names, values to be insured, fire or burglary protection.
5. Insured Name and Interests of Other Parties
Always ensure you advise us of every interested entity so that each can be properly advised to the insurer and noted as insured and/or for their respective rights and interests. Most policies will exclude indemnity to parties unless their interest is noted on the policy.
6. Copyright and intellectual property rights
Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
- altering or modifying any of the code or the material on the Site;
- causing any of the material on the Site to be framed or embedded in another website;
- creating derivative works from the content of the Site; or
- using the Site for commercial purposes.
8. Your Content
If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
9. Third Party Information
The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
10. Third Party links and websites
This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
11. Reservation of rights
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
12. Delays and outages
We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
13. Limitation of liability
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
17. Exclusion of competitors
You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
19. Further assurances
Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
Your use of the Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
For any questions or notices, please contact our Privacy Officer at:
East West Insurance Brokers Pty. Ltd. ABN 83 010 630 092
19 Rosedale Street
Coopers Plains QLD 4108
Phone 1800 809 132 | 07 3323 9500