1. Purpose
These terms form the basis upon which you may use this website www.insuropedia.com.
2. Parties
The parties to these terms are:
2.1. Claim Solutions Pty Ltd ACN 091 028 072 T/A Insuropedia ("us", "we", and "our"); and
2.2. an end user, anyone who uses our site ("you").
3. Background
3.1. Insuropedia is a free, international, knowledge base. The aim of Insuropedia website (www.insuropedia.com) is to clarify the written word, minimise the disparity between intention & interpretation and encourage uniformity in the application of Insurance Policies ("the site").
3.2. We provide this site for your personal use, to use the online knowledge base.
3.3. In consideration for providing you with a licence to use the site, you agree to only use the site in accordance with these terms.
4. Licence
4.1. We grant you a personal licence to use our site strictly on these terms and on the basis of our privacy policy.
4.2. Your licence is only to use the site for its intended purpose of online knowledge base - you may contribute or review content (subject to these terms) ("approved use").
4.3. A condition of this licence is that we may contact you by email for the purposes outlined in our privacy policy.
4.4. You must ensure that:
4.4.1. all information you provide us in registering to use the site is true and correct, and is at all times kept up to date; and
4.4.2. you comply with all applicable laws.
5. Restrictions
You must not use the site to:
5.1. abuse, menace, harass, intimidate or stalk anyone;
5.2. break the law or allow another person to break the law;
5.3. damage property including intellectual property;
5.4. injure anyone;
5.5. mislead or deceive anyone including the creation of ‘spoof' websites;
5.6. facilitate the commission of a tort, or breach of contract;
5.7. allow for the misuse of anyone's confidential information;
5.8. misuse or allow for the misuse of anyone's personal information, sensitive information or health information, as defined by the Privacy Act 1988;
5.9. facilitate or engage in any act or omission which is in contravention of the laws regarding Spam including the Spam Act 2003;
5.10. interfere with someone else's computer without their permission;
5.11. allow a minor to view or access material which is inappropriate (or not classified for minors) for minors including pornography;
5.12. send or distribute any virus, worm, trojan or other malicious code;
5.13. send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates;
5.14. interfere with the proper operation of a website, newsgroup, forum or chatroom;
5.15. use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data;
5.16. operate a service such as a mail server or proxy server, without proper controls to prevent the use of the service by unauthorised third parties for the transmission of data;
5.17. control or contribute to a Denial of Service attack;
5.18. send, display or publish material which:
5.18.1. is obscene or offensive;
5.18.2. is defamatory or potentially defamatory;
5.18.3. would contravene anyone's intellectual property rights;
5.18.4. is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification; and
despite anything to the contrary you must not do anything to procure another person to do any of the things prohibited under these terms.
6. Intellectual property
6.1. Any intellectual property created while using the site vests solely with the person who created it - but you grant us an unlimited, royalty free licence to use and display anything which you create or post on the site.
6.2. You may not use any of our intellectual property (including our name, logo or content) without our prior written approval.
7. Acknowledgements
7.1. You acknowledge that:
7.1.1. the persons who contribute articles are not employed by us, and are not our agents, partners, joint venturers or authorised representatives - they are independent;
7.1.2. we do not endorse or warrant the content of any articles;
7.1.3. any agreement (other than these terms) you enter into with an insurer is directly between you and the insurer and is not with us;
7.1.4. to the extent permitted by law we do not warrant that the content of the site is current or error free;
7.1.5. the site is only to be used as a guide and is not to be relied upon as advice about insurance products;
7.1.6. the worksheets provided on the site are not intended to be professional advice, the accuracy of the information they provide may be affected by factors such as policy wording and incorrect data input. These worksheets should not be relied upon as advice, and should only be used as an indicative guide - you should obtain professional advice from a qualified adviser.
7.2. You must accept use of the site from us subject to these acknowledgements, and none of them constitutes a defect in the site.
7.3. You release us from all losses and claims in respect of, or out of, such matters you acknowledge or their consequences.
8. Limitation of liability and indemnity
8.1. Except for any express warranties in these terms and, to the extent permitted by law, we disclaim all express and implied warranties in relation to this site and any service on it.
8.2. In the case of any breach of these terms, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
8.2.1. if the breach or negligence relates to goods -
• replacement of any goods involved or the supply of equivalent goods;
• the repair of such goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
8.2.2. if the breach relates to services -
• supplying of the services again; and
• the payment of the cost (for the period of the breach) of having the services supplied again.
8.3. In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income that you or anyone else may suffer.
8.4. You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
8.4.1. any act or omission;
8.4.2. any breach of any law;
8.4.3. any breach of these terms;
8.4.4. any unauthorised use of a service -
by you or anyone using the site.
9. Privacy
9.1. We may deal with your personal information in accordance with our privacy policy at http://www.insuropedia.com/PrivacyPolicy as amended from time to time.
9.2. We may use your personal information for promotional and marketing purposes until you request to opt out of receiving such information.
9.3. You also consent to us sending you email to advise you of changes to the site or to market the site or our services to you.
10. Termination
10.1. We may terminate your licence to use the site at anytime:
10.1.1. where you breach these terms; or
10.1.2. for any other reason we deem appropriate.
10.2. In addition to any other right of termination we may terminate your licence to use our site at anytime where we wish to discontinue our site or redevelop our site.
11. General
11.1. If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
11.2. This agreement and any customer contract is governed exclusively by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.
11.3. No right under a these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
11.4. Headings and footnotes are only for convenience. They are to be ignored when interpreting the agreement.
11.5. A reference to the singular includes the plural and vice versa.
11.6. Where one thing is said to include one or more other things, it is not limited to those other things.
11.7. There is no significance in the use of gender-specific language.
11.8. A "person" includes any entity which can sue and be sued.
11.9. A "person" includes any legal successor to or representative of that person.
11.10. A reference to a law includes any amendment or replacement of that law.
