Terms of Use | AJG Australia

The terms and conditions contained in this document and any terms and conditions, notices and disclaimers contained elsewhere on Gallagher's Website (known collectively as the "Terms of Use") govern your access and use of the Website and the purchase of Products and Services through the Website. 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

(a) If you purchase Products on the Website or otherwise through us, then the relevant Product will have its own 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.

(b) Our Terms of Business Agreement (as varied from time to time by us, in accordance with its terms) governs the way will provide our Services to you, and forms part of these Terms of Use. To the extent of any inconsistency between the Terms of Business Agreement and the terms set out in this document, the Terms of Business Agreement will prevail.

(c) All applications for Products are subject to and must comply with our approval criteria and any applicable underwriting guidelines.

(d) 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 12(a).

2. PRIVACY

(a) Both parties agree to comply with the Privacy Act 1988 (Cth).

(b) 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:

(i) we may disclose Personal Information to third parties (including without limitation to insurers, agents, loss adjustors, risk managers, underwriting agencies and insurance brokers) and/or Gallagher's related companies, where this is reasonably required to perform our services to you, or is for service or activities related to those services, and where such parties may be located in the United States of America, United Kingdom, New Zealand, Singapore or India; and

(ii) where you require insurance in order to be a member of a professional association, we may disclose to Personal Information to that association consisting of your name and confirmation you have a current policy of insurance

(c) 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 Gallagher 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.

(d) You agree to indemnify Gallagher 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 2.

3. YOUR GENERAL OBLIGATIONS

(a) 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.

(b) 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.

(d) We will rely on the accuracy and completeness of the information you provide to us. We do not independently verify the information you provide.

(e) Duty not to misrepresent - There are specific duties that apply to you when you enter into, vary or extend a consumer insurance contract which is obtained wholly or predominantly for your personal, domestic or household purposes e.g domestic car, house, travel or accident & illness insurance. You have a duty to take reasonable care not to make a misrepresentation to the insurer when answering questions that the insurer will ask you and providing the insurer with information. Before you enter into, vary or extend a consumer insurance contract, the insurer will ask you questions that are relevant to the insurer's decision to insure you and on what terms.

You must take reasonable care not to make a misrepresentation to the insurer when answering those questions. A misrepresentation includes a statement that is in any way false, misleading, dishonest or which does not fairly reflect the truth. It is important that you answer these questions fully and accurately, to the best of your knowledge.

(f) Before you enter into an insurance contract with an insurer, which is not a consumer insurance contract, you have a duty under the Insurance Contracts Act 1984 (Cth) 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.

4. ADVICE WARNING

Any advice we provide you on this Website 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 or Target Market Determination before making any decision about whether to acquire the Product.

5. REMUNERATION AND FEES

(a) Payment of our remuneration and Fees is set out in the Terms of Business Agreement.

(b) 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.

6. ONLINE TRANSACTIONS

(a) 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 Gallagher, and any applicable requirements set out in clause 5 have been complied with.

(b) You acknowledge and agree that:

(i) 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;

(ii) we may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you;

(iii) 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

(iv) 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.

7. PURCHASING AND QUOTATIONS

(a) Where our Website enables you to purchase or renew Products online:

(i) you must enter all data requested for Gallagher to provide an electronic quote based on the information you provide;

(ii) we will provide a quote for the relevant Product electronically and this will constitute our offer to you;

(iii) 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;

(iv) 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;

(v) please contact us if you do not receive a policy number, PDS or schedule.

(b) Any quotation we provide you for Products is valid only for a period of thirty (30) days from the date that we provide it.

(d) Any refunds that become payable to you will only be paid back to the account you originally paid with.

8. CREDIT CARD AUTHORITY AND DIRECT DEBIT AUTHORITY

(a) If you elect to pay us 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.

(b) 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 sub-clause (a) above. If there are insufficient funds you may be charged a fee and/or interest by your financial institution.

(c) If you elect to pay us by direct debit, then you hereby request and authorise us to debit and charge (through the "Bulk Electronic Clearing System") the bank account nominated by you, to pay the relevant amount, and on the terms of the Direct Debit Service Request Agreement.

(d) You must ensure at all times that all of your credit card and/or bank details (including account details) with us are kept up to date.

9. BINDER

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

10. WARRANTIES AND OUR LIABILITY

(a) 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.

(b) 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.

(c) This Website may contain links to other websites owned and operated by third parties who are not us or our related bodies corporate ("LinkedWebsites"). 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.

(d) 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:

(i) delays to, interruptions of or cessation of transmission to or from the Website;

(ii) the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;

(iii) any unauthorised access of or breach of security to this Website, for whatever reason;

(iv) any failure or delay in effecting any transaction attempted to be processed through this Website, for whatever reason; and/or

(v) any error, faults, omission, inaccuracies or misrepresentation in relation to this Website or its content.

(e) 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.

11.WEBSITE

11.1 Ownership

(a) The material on the Website is copyright of Gallagher. Gallagher reserves all Intellectual Property Rights in the Website and material contained in it.

(b) Subject to clause 11.1(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.

(i) upload, repost or republish material from the Website (including to any other site on the World Wide Web);

(ii) "frame" the material on the Website with other material on any other World Wide Web site;

(iii) sell, rent or sub-license material from the Website;

(iv) show any material from the Website in public;

(v) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;

(vi) edit or otherwise modify any material on the Website; or

(vii) redistribute material from the Website.

11.2 Acceptable use

You must not:

(a) 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;

(b) 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;

(c) 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 Gallagher's express written consent;

(d) use the Website to transmit or send unsolicited commercial communications; or

(e) use the Website for any purposes related to marketing without Gallagher's express written consent.

11.3 User Content

(a) 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.

(b) You represent and warrant in relation to User Content You provide, that:

(i) you are authorised to provide the User Content;

(ii) the User Content is not false, misleading or defamatory;

(iii) the User Content does not contain any obscene or discriminatory language;

(iv) you are the sole author of the User Content and owner of the Intellectual Property Rights of the User Content;

(v) the User Content does not infringe any Intellectual Property Right of a third party;

(vi) 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

(vii) the User Content does not infringe any law, statute or regulation (including but not limited to any unfair competition, anti-discrimination or false advertising).

12. TERMINATION

(a) The Terms of Use 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.

(b) Where you terminate under clause 12(a), you must cease using the Website and your account will be cancelled on termination.

(c) 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.

(d) 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).

(e) You acknowledge that the insurer (or us on their behalf) may cancel your insurance policy in accordance with the Insurance Contracts Act 1984 (Cth).

(f) On cancellation of any insurance policy, whether by you, us or the insurer:

(i) 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;

(ii) 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.

(g) Clauses 2, 10, 12, 13, 14 survive the expiry or the termination of these Terms of Use.

13. MISCELLANEOUS

(a) 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 complaints@ajg.com.au, or writing to Level 16, 100 Arthur Street, North Sydney, NSW 2060.

(b) 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.

(c) 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.

(d) 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.

14. DEFINITIONS

In these Terms of Use:

(a) "Fees" means the premium, taxes and other relevant charges in respect of the relevant Product and Services, and our commission and fees;

(b) "Gallagher", "us", "our" or "we" means Arthur J. Gallagher & Co (AUS) Limited (ABN 34 005 543 920);

(c) "Intellectual Property" means all copyright, trademarks, designs, confidential information, patents, invention and discoveries;

(d) "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;

(e) "Products" means the insurance products that may be purchased on the Website

(f) "Services" means insurance broking or other services we may provide you (including the sale of the Products) through the Website;

(g) "User Content" means any material, including without limitation text, images, audio material, video material , that you submit to the Website, for whatever purpose;

(h) "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; and

(i) "Website" means www.ajg.com/au and its sub-domains.