Disclaimer

1. Ownership
1.1 Please read this legal statement carefully before using this Web Site. This Web Site is owned and operated by Winley Insurance Group Pty Ltd ACN 138 133 285 (Winley Insurance Group) solely for the purpose of providing information to users about Winley Insurance Group, and its Content.

2. Acceptance
2.1 By allowing you to access the Web Site, Winley Insurance Group grants to you a licence on the terms below. Your use of, or access to this Web Site is conditional upon your acceptance and compliance with the Terms of Use.

2.2 By continuing to use, or access this Web Site, you agree to be bound by the Terms of Use. Do not use this Web Site if you do not agree to these Terms of Use.

2.3 Without implying any licence to do so, if you pass on any information contained in this Web Site to a third party, you agree to draw the attention of that third party to the Terms of Use.

2.4 You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of Winley Insurance Group.

2.5 Since you are bound by these Terms of Use, you should periodically refer to them.

3. Termination
3.1 This licence commences upon your accessing the Web Site and is granted until terminated, suspended, or limited by Winley Insurance Group. In the event of termination, you are no longer authorised to access the Web Site, but all restrictions imposed on you by the Terms of Use will survive termination. Termination under this clause will not affect any rights or remedies, which Winley Insurance Group may otherwise have under these Terms of Use or at law.

4. Limitation of Terms of Use
4.1 These Terms of Use are in no way limited or altered by any other terms or conditions on this Web Site or any other agreement you may have with Winley Insurance Group for products, services or otherwise. The following exclusions and limitations apply only to the extent permitted by law, and are subject to the Non Excludable Rights. Winley Insurance Group excludes all other conditions and warranties implied by custom, law or statute. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted in this document are reserved.

5. Currency
5.1 The Content on this Web Site and Terms of Use are current at the date of publication but may be subject to change. You should be aware that Content current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, so that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.

6. Right to amend Terms of Use and Content
6.1 Winley Insurance Group may at any time vary revise, add, amend, modify, or delete any part of these Terms of Use or the Content by publishing the variations on the Web Site without prior notice. You accept that by doing this, Winley Insurance Group has provided you with sufficient notice of the variation. Your continued use of this Web Site after the changes constitutes your acceptance of the variations. Winley Insurance Group will make reasonable efforts to bring any changes to the attention of its users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the Web Site.

Terms of Use

7. Reliance on information
7.1 This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which Winley Insurance Group apologises. In particular, you should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.

7.2 Visitors using the information from the Web Site do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Web Site which has not been stated expressly in these Terms of Use. Winley Insurance Group strongly advises you to seek independent professional advice before acting on any Content from this Web Site. Insurance coverage will vary from insurance policy to insurance policy, and as such, you should not rely on any general description of an insurance policy as detailed on this web site, and instead, in all cases, you should read the full terms and conditions of the relevant policy to ensure you understand the extent of the insurance coverage, and that that coverage is appropriate for you.

8. No warranties or representations
8.1 This information is published for information only, without assuming a duty of care. You acknowledge that you have not relied on any representation made by Winley Insurance Group which has not been stated expressly in these Terms of Use. Winley Insurance Group does not give any express or implied representation or warranty as to:

(1) reliability;
(2) completeness;
(3) suitability;
(4) availability;
(5) accuracy;
(6) correctness;
(7) currency;
(8) timeliness;
(9) merchantability;
(10) quality;
(11) security;
(12) accessibility;
(13) fitness for any particular purpose;
(14) Content;
(15) security of your computer in accessing this Web Site;
(16) lack of computer viruses or other harmful components;
(17) uptime;
(18) title;
(19) integrity of data; and
(20) correction of defects.

8.2 Unless expressly stated otherwise, general information about Winley Insurance Group products and services:
(1) does not constitute an offer or inducement to enter into a legally binding contract; and
(2) does not form part of the terms and conditions for products and services.

8.3 Winley Insurance Group does not warrant that access to this Web Site will be uninterrupted, the services offered on the Web Site will be error-free or that this Web Site and its servers are free of computer viruses and other harmful data, code, components or other material. Winley Insurance Group recommends that prior to using any downloaded file, you carry out an appropriate virus check. Winley Insurance Group reserves the right to change or discontinue any feature on this Web Site, hours of availability and equipment or software required for access.

9. Limitation of liability
9.1 You indemnify Winley Insurance Group to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. The cause of the Loss includes but is not limited to:

(1) use or inability to use this Web Site;
(2) access or inability to access this Web Site;
(3) reliance on any Content;
(4) the transmission of any computer virus;
(5) Winley Insurance Group negligence;
(6) a breach of your computer’s security;
(7) any breach of the Terms of Use;
(8) any unauthorised access to, modification or alteration of Content;
(9) any material or data sent or received or not sent or received;
(10) any transactions entered into through this Web Site;
(11) any infringement of another’s rights, including intellectual property rights;
(12) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
(13) any Content sent by any third party using and/or included in this Web Site;
(14) any service available from this Web Site; and
(15) delays, interruptions, inaccuracies, errors, omissions or cessation of services.

9.2 In relation to Non Excludable Rights, any liability incurred by Winley Insurance Group in relation to the use of this Web Site or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded, is limited to the extent possible, at Winley Insurance Group’s option, to: the supply of the goods or services again;

9.3 Except as provided for by the Non Excludable Rights, you (and not Winley Insurance Group) assume the entire cost of any necessary verification, maintenance, repair or correction of any relevant Content.

10. Governing law
10.1 Unless expressly agreed otherwise, the products and services described in this Web Site are available only to Australian residents and international persons acceptable to Winley Insurance Group.

10.2 Unless expressly stated to the contrary, all matters relating to this Web Site are governed by and are to be construed according to the laws applicable in the State of Western Australia and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and Australia.

10.3 Winley Insurance Group has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Winley Insurance Group considers (in its discretion) that the action is necessary or desirable.

11. Links
11.1 Content displayed on this Web Site and links on or from this Web Site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Winley Insurance Group of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.

11.2 Winley Insurance Group does not authorise the reproduction of third party Content by linking this Web Site to third party Content.

11.3 Winley Insurance Group makes no representation or warranty regarding Third Party Sites or any hyperlink contained in linked Third Party Sites:

(1) relating to third party Content;
(2) that Winley Insurance Group does not make for its own Web Site (see above: ‘No warranties or representations’); or
(3) that third party Content does not infringe the intellectual property rights of any person.

11.4 Accordingly Winley Insurance Group accepts no liability for Loss of any kind arising from third party Content or use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk.

11.5 You may link to the Web Site for non-commercial purposes. If you are interested in linking to the Web Site for commercial purposes, or becoming otherwise affiliated with Winley Insurance Group, please contact Winley Insurance Group.

11.6 You agree not to carry on any activity in relation to the Web Site which might involve Winley Insurance Group in liability. If you do engage in any such activity, you agree to grant Winley Insurance Group an unlimited indemnity with respect to your conduct. You expressly acknowledge and agree that Winley Insurance Group does not exert control over users of the Web Site (including individuals referred to on the Web Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

12. Waiver
12.1 If you breach any of these Terms of Use, and Winley Insurance Group has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of Winley Insurance Group’s legal rights. Any waiver of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by Winley Insurance Group.

13. Feedback, questions or problems
13.1 Winley Insurance Group welcomes any feedback you may have regarding the Web Site or these Terms of Use. If you have any questions, or queries, suggestions, problems, or if you become aware of any use of the Web Site that you think does not comply with these Terms of Use please send an This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
13.2 When you send Winley Insurance Group any feedback, suggestions, ideas or other materials in relation to or via this Web Site, you agree that Winley Insurance Group can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to Winley Insurance Group’s obligations in its Privacy Statement.

14. Intellectual Property
14.1 You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

15. Copyright
15.1 Copyright in the information contained in this Web Site subsists under the Copyright Act 1968 and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all Content is owned or licensed by Winley Insurance Group. Your access to or use of this Web Site does not constitute or create a licence or any other right to use Winley Insurance Group’s name, trade dress, trade marks, copyrights or any other intellectual property.

16. Restricted use
16.1 Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Winley Insurance Group or its subsidiaries, be directly or indirectly:

(1) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
(2) performed in public;
(3) incorporated into any other web site;
(4) used for any commercial purpose;
(5) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanic al, including photocopying, recording, taping or by storage in an information retrieval system;
(6) used in any manner or for any purpose which is unlawful;
(7) used in any manner which violates any right of Winley Insurance Group;
(8) used in any manner which is prohibited by the Terms of Use; or
(9) affected with a virus or other harmful component in any form or by any means in whole or in part by any process.

17. Obligations
17.1 You must:
(1) ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and
(2) ensure your employees, subcontractors and other agents (if any) who have authorised access to the Web Site are made aware of the Terms of Use.

18. Permitted use
18.1 Provided that the ownership of the Content by Winley Insurance Group is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

(1) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use;
(2) if you are an Internet service and/or access provider, supply the Content to your subscriber;
(3) access and display these pages on a computer or a monitor;
(4) hold a temporary copy in the computer’s cache;
(5) make a single permanent copy for your personal non commercial reference;

19. Third party copyright
19.1 Some of the copyright in the Content is included on the Web Site under a licence from third parties, such as processes used in constructing or accessing this Web Site. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Web Site) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.

20. Trademarks
20.1 All names, logos and trademarks (both registered and unregistered) are the property of Winley Insurance Group, or the third parties who have contributed to this Web Site. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval.

20.2 Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Web Site without the express written permission of Winley Insurance Group, the relevant affiliate, or contributor.

20.3 Some of the logos listed below may be available to you to place on your own web site as a hyperlink to the relevant Winley Insurance Group Web Site, but that use requires the express written authorisation of Winley Insurance Group, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

21. Definitions
21.1 In this Disclaimer:

(1) Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Web Site, obtained or able to be viewed by accessing any part of this Web Site (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;

(2) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Winley Insurance Group Web Site;

(3) Winley Insurance Group means Winley Insurance Group Pty Ltd ACN 138 133 285, its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001 of Australia;

(4) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Web Site. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;

(5) Non Excludable Rights means the rights and remedies conferred by the Trade Practices Act 1974 and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Content of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms of Use;

(6) Terms of Use means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Web Site;

(7) Third Party Sites means sites and resources located on servers maintained by others over whom Winley Insurance Group has no control; and

(8) Web Site means those web pages contained within the domain and any subdomains.