TERMS OF USE
Chubb Insurance Australia Limited
ABN 23 001 642 020, AFSL 239687
Effective as at 1 November 2016
Terms and conditions that apply to Our Website
Your Use of Our Website
Chubb (Chubb, Our, Us or We) agrees to provide You as the user with access to Our website subject to these Terms of Use, (You, Your or Yourself). These Terms of Use constitute a legally binding agreement between You and Us and govern Your use of Our website. By Your use of Our website You agree to be bound by these Terms of Use and You also agree that Your use of the website and any of Our platforms will be taken to be acceptance by You of these Terms of Use as amended from time to time.
The agreement created under these Terms of Use regarding use of Our website includes market facing technology access constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing in respect to the granting by Us of any access to You to our websites by way of market facing technology. Nothing in these Terms of Use or in the conduct of business through Our website shall create, or be deemed to create, a partnership or the relationship of employer and employee between You and Us. These Terms of Use shall be interpreted and construed in accordance with the laws applicable in New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
Amendments to Our Terms and Conditions
We reserve the right, at Our absolute discretion, to update or revise these Terms of Use from time to time with immediate effect and without the need to provide reasons. Where possible, We will give such notice by posting updated Terms of Use on Our website and using Our reasonable efforts to draw them to Your attention. Your continued use of Our website following the posting of any changes to the Terms of Use constitutes Your acceptance of those changes.
International Use
We make no representation that the products and services described on this website are appropriate or available for use in locations outside Australia or in all States and Territories of Australia. Those who choose to access Our website from other locations are responsible for compliance with local laws. Overseas residents may contact Chubb for further assistance regarding the availability of the products and services described on this website.
Product or Services
The information appearing on this site, save for when it is described as a quotation, schedule, PDS policy wording or other disclosure material, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract. Before acquiring a product or service from Chubb, You should consider whether the product or service is right for You.
Our products and services will be updated from time to time on Our website. All applications for any products or services provided through the website are subject to a separate approval process. Chubb may provide You with access to Our services and products as applicable from time to time subject to Your business needs and separate arrangements with Us. We do Our best to provide exclusive quotes to Our brokers, but We cannot guarantee this to You, or other brokers.
Withdrawal of products and services
The products and services described in the website may be withdrawn or varied by Us at any time without notice. All information regarding the products and services described on the website can be withdrawn or varied without notice to You. While every care is taken in producing the information on the website, We do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.
User Accounts
Chubb may create user accounts for You with password protection to access certain parts of this website. You agree to keep confidential any password provided to You by Chubb from time to time. Chubb reserves the right to audit the use of its website and Your use through user accounts and passwords. Subject to any separate agreement with Us whereby We provide You with authority to bind or issue policies of insurance on Our behalf, We may through the website give You access to submit proposals for insurance and enable You to give Us instructions to bind that insurance through the Website. When submitting a proposal for and buying that insurance, You do so as Your client's agent, not as Chubb's agent.
You acknowledge that:
- We may disable access to the website for any period in Our discretion, including to enable repairs and maintenance of the Websites and on termination of these Terms of Use; and
- We do not give any warranties regarding the website's performance and We shall not be liable to You for any breakdown or malfunctioning of the website. If You become aware of or suspect any such breakdown or malfunction You will alert Us as soon as is reasonably possible.
You also acknowledge that We are entitled to terminate Your access at any time and that such termination may be without any prior notice. If We provide You with a User Account, You agree:
- not disclose to any other person Your user name or password;
- to keep confidential any of Our underwriting guides or other documentation provided by Us to You, as may be amended from time to time;
- to uphold Your duty to input data accurately and truthfully;
- to ensure You remain sufficiently trained, qualified and authorised as applicable, to advise Your clients, issue binding instructions, and administer the type of policies issues by Us.
This website provides information about the various financial products and services offered by Chubb and its related bodies corporate, as applicable from time to time.
Termination and variation
We may terminate or vary Your user accounts as We determine without the need to provide reasons or advance notice, particularly where there is any unauthorised use of Our website. On termination, We may without notice to You disable all Your user accounts.
We will however use reasonable endeavours to notify You of any intended updates or upgrades to Our website which We believe are necessary and that may affect Your access to Our website. In some instances, We may not be able to provide You with notice where urgent modifications or updates may in Our sole discretion need to be made to protect, remedy or secure Our website. We may notify You by posting updated Terms of Use on Our website and Use reasonable efforts to draw them to Your attention. Your continued use of the website will be acceptance of those changes and agreement by You that those changes form part of the Terms of Use current at that time.
Commercial Use of site information
The information and material in this website is provided solely for Chubb retail or wholesale customers and Our intermediaries only. You agree that You will not (either Yourself or through any third party):
- (a) Use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on this site, or any of the information, content or data contained within or accessible through this site, without the prior written permission of Chubb;
- (b) Use any Automated Process to aggregate or combine information, content or data contained within or accessible through this site with information, content or data accessible via or sourced from any third party;
- Use any information on or accessed through this site for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
- (d) Use any device, software, process or routine to interfere or attempt to interfere with the proper working of this site or any transaction or process being conducted on or through it;
- (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this site;
- (f) 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 this site; or
- (g) copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from this site without the prior written permission of Chubb.
Unauthorised Use of Our Website
You may only use the website for authorised purposes which are to (a) obtain an insurance quote, schedule, PDS and policy wording or obtain other information relating to the price of insurance cover from Chubb; (b) conduct insurance related transactions (including using any self-service function to manage Your insurance policy) or queries, in respect of insurance cover for You or a member of Your immediate family (with their prior consent) or for a commercial enterprise for which You seek bona fide insurance cover; or (c) obtain any other information relating to any of the Chubb's products or services for a bona fide purpose. You agree that any use of the Website, except for the authorised purposes is prohibited. You also agree to indemnify Chubb in respect of any liability incurred by Chubb for any loss, cost damage or expense, howsoever caused, suffered by Chubb or its related bodies corporate as a result of Your unauthorised use of Our website.
Terms, conditions, fees , charges and commission
Terms and conditions apply to all products and services described in this site and may be varied by Us at any time without notice. Fees and charges also apply to all products and services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions, fees and charges are available from Us on request. Any commission payable by Us to You will be Our standard commission rates unless otherwise specified as agreed between Us and You from time to time. You agree to keep confidential commission rates paid to you.
Third party sites
Our website may link You to other sites on the Internet. These other sites are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the website by Us or any association with its operators.
Accessing those sites is Your decision and to the fullest extent permitted in law We are not responsible or liable in any way for Your use of those linked sites or any loss or damage incurred arising out of or in connection with Your use of them; and the content or practices of those websites operated by third parties that are linked to Our website.
Security
Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but We endeavour to use Our reasonable efforts to protect the personal information of Our users. We use a variety of physical and electronic security measures, including restricting physical access to Our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, Chubb will not be responsible for any unauthorised access to that information. If You are not comfortable sending any information over the Internet, please contact Us to discuss alternative methods for providing any information. Any personal information You give Us will be dealt with in accordance with Our privacy policy.
Provision of Advice
Chubb does not provide on the website any investment, legal, financial or taxation advice as to the suitability of the products and services described in this website for Your particular needs. Any advice given is general advice only. It does not take into account Your investment objectives, financial situation and particular needs. You should assess whether the advice is appropriate to Your individual investment objectives, financial situation and particular needs before making an investment decision on the basis of the general advice. You should either assess the advice Yourself or seek the help of an independent adviser.
Insurance policies
Except where specified, the information provided on this website does not form part of any insurance policy or Product Disclosure Statement issued by Chubb. Through the website You can, on behalf of Your clients, submit a proposal for insurance and You may also give an instruction to Us through the website to bind that insurance. When submitting a proposal for and buying that insurance, You do so as Your client's agent, not Our agent. Business conducted through the websites may also be governed by the terms of any Broker Agreement entered into between Chubb and Yourself
Liability
Chubb does not accept any responsibility or liability whatsoever arising from or in connection with Your use of this website and We exclude all implied conditions, warranties and terms, expect those that cannot be excluded in law (Non-excludable Condition), such as certain warranties under the Competition and Consumer Act 2010 (Cth) as amended from time to time. Except in relation to Our liability to You for breach of a Non-excludable Condition, to the extent permitted at law We exclude all Our liability under these Terms of Use for any and all breaches (of any kind, however described), whether in contract or in tort, including in negligence, indirect or consequential loss, loss of profits, loss of revenue, loss of data and loss of business opportunity. Chubb is not responsible for any loss, damage, cost or expense incurred by You as a result of any error, omission or misrepresentation in relation to this website.
Our liability in relation to the breach of a Non-excludable Condition, is limited, at Our option, to any one of supplying, replacing or
repairing, or paying the cost of supplying, repairing, or replacing the goods or supplying again, or paying the cost of supplying again,
the services in respect of which the breach occurred.
You agree to take Your own precautions to ensure that whatever You select for Your use from this website is free of viruses or anything
else (such as worms or Trojan horses) that may interfere with or damage the operations of Your computer systems.
Indemnity
You agree to indemnify Us and Our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified where such loss or liability was caused by (a) Your breach of Your obligations under these Terms of Use; or (b) Your wilful, unlawful or negligent act or omission.
Confidential Information and Privacy
Chubb's Privacy Policy set out or commitment to the protection of our customer's personal information. You may obtain a copy of Our privacy policy on this website.
You must not disclose any of Our confidential information disclosed to You, but You may use that confidential information solely for the purposes of using the services supplied from the website. Our confidential information includes all confidential data and information (including trade secrets and confidential know how) and data and information labelled confidential, relating to Us, to Our suppliers or customers or to a corporation related to Us under the Corporations Act 2001 (Cth) as amended from time to time.
Intellectual Property Rights
You acknowledge that Your use of the website shall not confer upon You any right, title or interest in the website or the content on it or in intellectual property rights related to it. Except where otherwise stated, We own or have licence rights in all intellectual property rights in the content contained on this website. For non-commercial purposes only, You may download a single copy of this website and where necessary for its use as a reference, make a single hard copy. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this website may otherwise be copied, reproduced, adapted or transmitted in any form by any process without Our written consent.
Waiver
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
Contact Us
Chubb Insurance Australia Limited
ABN 23 001 642 020 - AFSL 239687
Registered Office: Grosvenor Place, Level 38, 225 George Street, Sydney NSW 2000 Australia
Telephone: (02) 9335 3200 Facsimile: (02) 9335 3411
Website: www.chubb.com/au