The Suncorp Group is comprised of Suncorp Group Limited (ABN 66 145 290 124) ("Suncorp Group") and its subsidiaries and related companies in Australia and New Zealand. In these terms, a reference to "we", "us" and "our" is a reference to each of the following companies of the Suncorp Group (as applicable in context):
- Australian Pensioners Insurance Agency Pty Limited (ABN 14 099 650 996, AR 239591) ("Apia");
- AAI Limited (ABN 48 005 297 807, AFSL 230859) ("AAI");
- AAI Limited (ABN 48 005 297 807, AFSL 230859) trading as GIO ("GIO"); and
- Suncorp-Metway Limited (ABN 66 010 831 722, AFSL 229882) ("Suncorp Bank").
These Apia Online Terms & Privacy Statement, together with the Suncorp Group Privacy Statement, are collectively known as our "Online Terms".
Read these Online Terms to understand how we:
- operate and regulate our online sites including our social media sites;
- operate online insurance quoting, purchase, policy management and claim management transactions; and
- handle your personal information when you interact with us online (see terms 24 to 30).
1. About Apia’s Funeral and Injury Insurance webpages on the Online Site(s)
Apia’s Funeral and Injury Insurance products are provided by TAL Life Limited ABN 70 050 109 450 AFSL 237848 (TAL Life) which is part of the TAL Dai-ichi Life Australia Pty Limited ABN 97 150 070 483 group of companies (TAL). TAL is not part of the Suncorp Group. TAL companies use the Apia brand under licence from the Suncorp Group. Apia is a distributor of products issued by TAL Life. The different entities of TAL and the Suncorp Group of companies are not responsible for, or liable in respect of, products and services provided by the other. The materials and information contained on the below webpages are provided by TAL.
Please refer to subsections 32.1 – 32.8 for the Online Terms applicable to the following webpages:
1.1. main Funeral and Injury Insurance webpage (www.apia.com.au/funeral-insurance including its related transactional domains and pages) (“Main FI Page”);
1.2. mobile device site (m.apia.com.au/funeral-insurance) (“FI Mobile Page”) which for the purposes of these Online Terms forms part of the Main FI Page; and
1.3. online quote system for Funeral and Injury Insurance product (“Online Quote System”).
TAL is responsible for the content on and output from the above webpages.
Benefit payable and obligations undertaken in relation to general insurance products issued by AAI are provided and undertaken solely by AAI. Benefits payable and obligations undertaken in relation to funeral and injury insurance products issued by TAL Life are provided and undertaken solely by TAL Life. Benefits payable and obligations undertaken in relation to health insurance products issued by nib are undertaken solely by nib.
2. About our online sites
2.1. We operate certain online sites (“Online Site” or “Online Sites”) including our:
2.1.1. main website (www.apia.com.au including its related transactional domains and pages) ("Main Site");
2.1.2. social media site(s) ("Social Media Site(s)") as operated from time to time; and
2.1.3. Apia Claims Assist Application ("Claims Assist App");
When providing financial services in Australia AAI acts as the issuer of Apia branded home, landlord, caravan, motorhome, boat and travel insurance and Motor Accident Injuries ("MAI") Insurance in the ACT. GIO issues Compulsory Third Party ("CTP") insurance in New South Wales. AAI holds Australian Financial Services Licence no. 230859.
Apia is an authorised representative of GIO, the issuer of NSW CTP insurance and AAI, the issuer of branded home, landlord, caravan, motorhome, boat, travel and ACT MAI Insurance.
Apia, AAI and GIO are members of the Suncorp Group of companies. The "Suncorp Group" refers to Suncorp Group Limited ABN 66 145 290 124 and its related companies. Except to the extent imposed by law, companies in the Suncorp Group do not guarantee and are not responsible or liable for the products, services, obligations or liabilities of the other companies in the Suncorp Group.
Apia health insurance is issued by nib health funds limited ABN 83 000 124 381 (nib) a registered private health insurer and is arranged by Apia as authorised agent of nib. nib is the issuer of health insurance products and provides all information about those on our Online Sites.
Suncorp-Metway Limited ABN 66 010 831 722, AFSL 229882 (‘Suncorp Bank) does not guarantee the benefits payable or assume any obligation or liability including the repayment of any premium under any general or life insurance product or in relation to repayment of capital or investment performance of any superannuation product. Investments in, or contributions to, life or general insurance products, or superannuation products are not bank deposits or other liabilities of Suncorp Bank. They are subject to investment risk, including possible delays in repayment and loss of income and principal invested. Entities within the Suncorp Group are not responsible or liability in respect of product or services provided by other entities in the Suncorp Group and do not guarantee the obligations or liabilities of those entities.
Please be aware that certain parts of our Main Site may additionally function as a Social Media Site. By this we mean that the information and content you submit to a social media section of our Main Site will be freely visible to other website users. Any social media sections of our Main Site will be either clear to you from their design, or we will otherwise inform you of their public nature. Any information or content you supply to our Social Media Site(s) will be treated by us in accordance with terms 10 and 28, and otherwise in accordance with these Online Terms (as relevant). If you obtain a quote, purchase insurance or administer your insurance on our Main Site, your transaction will be conducted over a secure internet connection - see term 28.3 for details.
2.2. We may operate an Online Site for its own benefit and/or for the benefit of one or more of its related bodies corporate, which collectively form the Suncorp Group in Australia and New Zealand.
2.3. Our Online Site (including any sub-pages, related transactional domains and pages, or other Suncorp-Group company branded online pages which include an authorised link to an Online Site) may include product advertising, services, information, text, graphics, materials, social media forums, applications, functions and promotions, unless disclaimed otherwise or where not permitted by law or by an online host site’s rules ("Site Content"). Your use of any of our Online Sites, including any Site Content, is governed by these Online Terms.
2.5. We own and operate the Main Site and the Claims App. These Online Sites include all web pages under or forming part of the domain name apia.com.au and insurancepromotions.com.au (as relevant). The relevant versions of the Claims App are designed for use on (i) Apple Incorporated's compatible electronic devices including iPhone, iPad and iPod Touch, (ii) electronic devices compatible with AndroidTM apps, such as available from the Google PlayTM Store or the SamsungTM app store.
2.7. As our Online Sites develop and as technology evolves, we will continue to strive to provide you with better online services. We encourage you to review these Online Terms as they will be updated from time to time.
3. Links to other third party websites or applications
3.1. An Online Site may contain links to other websites (including other social media websites) or applications which are owned or operated by third parties independent of us ("Third Party Sites"). We do not sponsor, endorse or approve of the operators of Third Party Sites, or material (including services, information, graphics, or data) which is located on such Third Party Sites ("Third Party Material").
3.2. An Online Site may contain or link to information about special offers, deals or promotions by persons not related to us ("Third Party Offers"). We do not sponsor, endorse or approve of any Third Party Offers or Third Party Material associated with these offers.
3.3. Subject to any applicable law which cannot be excluded, such as the Australian Consumer Law and Australian Securities and Investments Commissions Act 2001, we make no warranties or representations:
3.3.1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Sites; or
3.3.2. that Third Party Material does not infringe the intellectual property rights of any person.
3.4. We are not authorising the reproduction of Third Party Material by linking Site Content to Third Party Material.
3.5. When following a link on an Online Site, material at a Third Party Site may be displayed in your browser framed by Site Content. This material is also Third Party Material for the purpose of these Online Terms.
4. Main Site: product information and insurance purchase, renewal and cancellation
4.1. Main Site content
The Main Site contains both information of a general nature about us and our products and services, and also enables you to perform certain insurance-related transactions online for some insurance products and services.
4.2. Completing transactions on the Main Site
4.2.1. When entering into a transaction via the Main Site, whether it be the issuance of an insurance contract, a renewal payment, or a transaction relating to any other product or service, the transaction will not be completed until an "Electronic Instruction" (being any electronic instruction, information , message, request or communication issued or transmitted to us via the Main Site) containing the acceptance from you of our offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by us, and any specific steps or requirements as set out in this term 4, have been complied with.
4.2.2. You acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an Electronic Instruction, may not be received by us in accordance with this term 4 for reasons beyond either parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.
4.2.3. Subject to any rights you may have under any applicable law (including the Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth)), we are not liable to you for any loss or damage, including loss of business or profits or any indirect loss, incurred as a result of the transmission of an Electronic Instruction through the Main Site, or any failure to receive an Electronic Instruction for whatever reason.
4.3. Purchasing insurance policies
4.3.1. Where the Main Site enables you to purchase insurance products or services online:
a) the parties may enter into an insurance policy using the Main Site by us making an express electronic offer via the Main Site and you electronically communicating your acceptance of that offer via the Main Site to us. An offer made by us in this way through the Main Site may be conditional upon the provision by you of certain information and will be made in-line with our underwriting criteria. We reserve the right not to make an electronic offer to you in circumstances where eligibility criteria have not been met;
b) we may act on and process all completed Electronic Instructions transmitted or issued through the Main Site without further consent from or reference to you; and
c) we may treat an Electronic Instruction as authentic and 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.
4.3.2.Creating a binding insurance contract with us via the Main Site is a two-step process:
a) the first step is to create a quote for the insurance product you are interested in and have selected. Upon completion by you of all required details, the Main Site will provide you with a quote, identified by a quote number; and
b) if you wish to purchase insurance in accordance with a quote provided to you by us via the Main Site, then, upon completion by you of all required details, step two enables you to accept that quote and create a binding insurance agreement with a corresponding policy number.
4.3.3.When entering into a contract via the Main Site in accordance with these Online Terms, you will be taken to have communicated your acceptance to an offer of insurance from us only when:
a) the Electronic Instruction containing the acceptance from you enters and is recorded in our main database or the relevant Suncorp Group database (both collectively referred to in term 4 as "Relevant Database");
b) a record is created and stored in the Relevant Database;
c) a policy number is generated by the Relevant Database; and
d) we receive all required details of a current and valid payment card or current and valid financial institution account number (in either case a card/account which you are authorised to use and which is of a card/account type accepted by us), and to which we are able to charge/debit the premium.
4.3.4. Some insurance policies available through the Main Site may offer a deferred payment option. Where this option is available and selected by you, term 5.3 of these Online Terms will additionally apply.
4.3.5. If you elect to pay your premium by instalments then you may be able to select the particular day of each month (or other instalment period) on which your payment card or financial institution account number will be automatically charged/debited for the relevant payment. If you elect to pay your premium by instalments the additional terms and conditions applicable to that payment arrangement will be made available to you as part of your policy documents (whether by way of Product Disclosure Statement, Supplementary Product Disclosure Statement and/or policy certificate), as well any relevant insurance purchase or variation transaction.
4.3.6. A binding insurance contract is conditional on us being able to successfully charge against your nominated payment card or debit your financial institution account number, and us receiving payment of your applicable premium (either by a single payment or where permitted in instalments).
4.3.7. Where a transaction is entered into between us and you via the Main Site, a policy number will be issued via the Main Site. However, a binding insurance agreement is not conditional on the issuance or receipt by you of a policy number but is conditional upon us receiving your premium payment or your current and valid payment card (or financial institution account number) details and a valid policy commencement date election and if you elect to pay by instalments a valid direct debit day election. Therefore, the failure by you to receive a policy number via the Main Site does not invalidate or otherwise prejudice the existence of an insurance contract or transaction entered into using the Main Site.
4.3.8. The existence of a binding contract is not conditional on us issuing, or you receiving a paper confirmation of the transaction.
4.3.9. Should you not receive a policy number please contact us.
4.3.10. Where you only complete a quote on the Main Site and select an alternate payment option (meaning not a payment card payment online or a financial institution account debit payment or a ‘deferred payment option’ referred to in term 5.3), a binding insurance agreement is not created. Instead, you will need to make payment via an alternate option (such as paying by B-Pay, at an Australia Post Office, or making a payment card payment to us over the phone). When paying by an alternate payment option, a binding insurance agreement will only be created once we receive your full premium payment, or when we receive your first premium instalment if we have offered this payment option to you and you have agreed to pay us your premium by instalments.
4.3.11. For the avoidance of doubt, the terms and conditions in this term 4.3 only apply to certain applications for or purchases of insurance product conducted electronically by the Main Site and in circumstances where we make an express electronic offer to you. These terms do not apply where the purchase occurs by way of a written paper- based application or other non-electronic means.
4.4. Renewal payments
4.4.1. The Main Site may offer an online facility for renewal payment of certain insurance policies with selected payment cards.
4.4.2. The policy renewal notice will indicate whether online renewal payment is available.
4.4.3. When the renewal payment facility is available, an online renewal payment can be made by following the "Renew your Policy" link on the Main Site.
4.4.4. When making a payment for a policy renewal via the Main Site, you will be taken to have renewed that policy only when:
a) the Electronic Instruction containing the policy number, premium amount due and payment card details, and an instruction from you to renew the policy, enters and is recorded in the Relevant Database;
b) we receive all required details of a current and valid payment card which you are authorised to use, which is of a payment card type accepted by us, and to which we are able to charge the premium;
c) a record is created and stored in the Relevant Database;
d) a receipt number is generated by the Relevant Database; and
e) the Relevant Database is updated with information from the payment database.
4.4.5. A binding insurance contract is conditional on us being able to successfully charge against your nominated payment card and us receiving payment of all applicable renewal payment for the policy (or policies) being renewed (either in a single payment or where permitted in instalments).
4.4.6. The existence of a valid payment is not conditional on us issuing, or you receiving, a paper confirmation of the transaction.
4.5 Cancelling insurance policies
4.5.1. Where the Main Site enables you to cancel certain insurance products or services online, you may electronically communicate your request to cancel an insurance policy via the Apia Virtual Assistant;
4.5.2. To cancel an insurance contract via the Main Site you will need to follow the prompts within the Apia Insurance Virtual Assistant:
a) you need to request that your insurance policy be cancelled;
b) we will ask you to confirm the insurance policy that you wish to cancel, the reason for cancellation and the date of cancellation;
c) we will calculate and notify you if any unexpired portion of any paid premium is to be refunded to you and confirm the method of refund (being the last known payment details used or held on the insurance policy);
d) we will ask you to confirm the cancellation and you will be taken to have communicated your confirmation to cancel the selected insurance policy when the Electronic Instruction containing the confirmation from you enters and is recorded in the Relevant Database;
4.5.3. We may act on and process all completed Electronic Instructions transmitted or issued through the Main Site without further consent from or reference to you; and
4.5.4. We may treat an Electronic Instruction as authentic and 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.
4.5.5. We will send you confirmation of the cancellation of the insurance policy by your preferred method of communication, being either by mail or email.
4.5.6. Apia, may not be able to facilitate the cancellation of an insurance policy through the Main Site. The types of policies that can be cancelled on the Main Site may change from time to time, to take into account, system limitations, underwriting issues and elements of the cancellation process (including whether a refund of premium will be made). If you are not able to proceed with the cancellation, you will be directed to contact us for further assistance.
4.5.7. Should the method of payment of any refund be incorrect or not up to date, you will need to contact us or change your payment card details through the Main Site or GIO Online Services before cancelling the insurance policy.
5. Main Site: payments
5.1. All payments for any insurance products, renewals, amendments, claim excess payments or other services purchased via the Main Site, must be paid in full by clear funds by the due date specified in the relevant confirmation.
5.2. Except as specifically set out in term 5.3 below, and unless provided for otherwise, all payments referred to in term 5.1 are to be made by permitted payment cards (or permitted financial institution account debits, as relevant) at the time of purchase, renewal, amendment or claim excess payment (as the case may be) in relation to the applicable policy or service.
5.3. In the case of a payment card transaction, you must therefore provide to us details of your permitted current and valid payment card, including:
a) payment card type;
b) name on payment card;
c) payment card number;
d) card verification value (CVV); and
e) expiry date.
5.4. In the case of a financial institution account debit, you must provide to us details of your permitted current and valid financial institution account, including:
a) the name of your financial institution;
b) the full name of the account holder; and
c) the account number and its BSB number (bank/state/branch number).
5.5. When you purchase or renew some policies that are available through the Main Site (including through Apia Online Services, as applicable), you may be offered a deferred payment option. Where this option is available and selected by you, we will, in accordance with these Online Terms, and the relevant Product Disclosure Statement and terms and conditions of the applicable product or service, issue you with insurance cover (from the start date you select) and an account for the full insurance policy premium. Full payment must be made in relation to such insurance cover in accordance with the account payment notice sent to you, and Product Disclosure Statement and the terms and conditions of the applicable product or service, which will always apply. Failure to pay in accordance with these requirements will result in potential cancellation of insurance cover, as permitted by law.
5.6. If you pay your claim excess via Apia Online Services your payment will be processed in accordance with these Online Terms, the relevant Product Disclosure Statement and any other terms and conditions specific to the particular transaction.
6. Main Site: Apia Online Services and Claim online
6.1. Apia Online Services
Apia Online Services (which forms part of our Main Site) enables you to:
a) view certain details of certain Apia branded policies online and view participating products you hold across the Suncorp Group (“policy listing”)
b) manage and change certain details of certain Apia branded policies online (“policy management”)
c) perform certain insurance related transactions online; and
d) view and manage certain claim related information for Certain Apia Policies, and
e) access Apia Rewards if you hold an eligible Apia branded policy.
Please note Apia Online Services is not available for all Apia branded products and for some products there will be limited functionality.
Access to Apia Online Services is subject to term 6.2.1 and is only available for customers who hold at least one current Eligible Apia Insurance Policy.
An “Eligible Apia Insurance Policy” means Apia branded Motor and Vehicle, Home and/or Contents, and Landlord insurance. It is not available for Apia branded Third Party Property Damage Insurance, Third Party Fire and Theft Insurance, Travel Insurance, Apia Health Insurance, NSW CTP insurance, ACT MAI Insurance or certain life insurance products, however limited policy listing functionality may exist for these policies if customers hold a current Eligible Apia Insurance Policy and can access Apia Online Services as per term 6.2.
6.2. Accessing Apia Online Services
Customers who hold at least one current eligible Apia policy can use Apia Online Services. To access Apia Online Services you must log in by providing your details on the log-in, registration and/or Apia Online Services authentication pages, ("Login").
6.2.1. Apia Online Services is only accessible to you if you have "logged in" by providing certain details as requested by Apia on the log-in, registration and/or authentication pages of Apia, relating to you (this information is your "Login"). You will only be able to "log-in", generate a Login, and use Apia Online Services if you hold at least one current Eligible Apia Insurance policy for which Apia Online Services is available.
6.2.2. The username component of your Login will be a valid email address you select. You should select an email that only you have access to, since we may communicate with you using that address.
6.2.3. If you hold a policy for which Apia Online Services is available, and that policy is held in a company, trust or similar single entity name (rather than a person’s first and surname), you will need to call Apia on 13 50 50 to register for Apia Online Services. We can do this for you in a few minutes, since our online registration page doesn’t currently cater for certain policy name types.
6.2.4. You must not provide details of your Login to any other person. You must not allow any other person to use your Login.
6.2.5. You must not use Apia Online Services to access or modify the details of another person’s insurance claim without their clear authority. Criminal penalties may apply if you do so.
6.2.6. To access Apia's online tool you may be required to verify your identity by entering a one time password sent via SMS to the mobile phone number associated with your current eligible Apia insurance policy (the mobile phone number). A one-time password is randomly generated password that is used to authenticate a transaction or your "log-in" attempt, and is only valid for single use.
6.2.7. There are time limits and limits on attempts made to enter the one-time password in to the password field. if there are any errors in one-time password field, you may not be able to access Apia's online tool.
6.2.8. We do not charge you a fee for sending a one-time password to your Mobile Phone Number. However, your mobile phone service provider may impose fees and charges, including fees and charges for sending and receiving SMS messages. The payment of any such fees and charges is the responsibility of the mobile phone account holder.
6.2.9. To use the one-time password verification, you must keep the Mobile Phone Number associated with your current Eligible Apia Insurance policy current. If the mobile phone number is associated with your current Eligible Apia Insurance policy is incorrect, you may not be able to use the one-time password verification and be unable to access Apia's online tool. If the Mobile Phone Number is also used by other people, they may receive, or be able to access your one-time password.
6.3. Loading your policy details into Apia Online Services
You may, in relation to any of your current Apia insurance policies which are accessible via the functionality of Apia Online Services, include details of those policies in Apia Online Services and associate such policies with your Login (each such policy then being a "Loaded Policy").
6.4. Amending your policy using Apia Online Services
During the term of your policy, and using Apia Online Services, you may have the option of adding, removing or amending certain covers, accessories, modifications and other aspects of your Loaded Policy. Any such amendment to your Loaded Policy may result in an additional premium or sum being payable in respect of the amendment. You will be advised if this is the case. Any additional premium must be paid for in accordance with term 5 before the modification to your Loaded Policy takes effect.
6.5. Termination of Apia Online Services access
Term 20 of these Online Terms applies in full.
6.6. Viewing your claims in Apia Online Services
When you register for Apia Online Services you will be asked to provide your details listed on your Apia policy. Once you have registered, you will be required to add your eligible Apia policy details to view accessible records for that policy. If you hold multiple Apia Online Services Eligible Policies, you can add multiple policy details and will be able to use your single Login to view accessible information from each of those policies, so long as we have permitted your policies eligible to be linked under the same Apia customer identity.
6.7. Permitted transactions using Apia Online Services
During an active claim displayed within Apia Online Services, you may have the option of changing a vehicle damage assessment booking time, paying your claim excess or completing another permitted transaction. In the case of a claim excess payment term 5 applies. Apia Online Services can take up to 5 business days to update your claim excess payment status.
6.8. Accessing Apia Rewards
Apia Online Services allows access to Apia Rewards for eligible customers. The Apia Rewards Platform is being operated on our behalf by Think Wink Pty Ltd ABN 59 640 766 310.
Additional Terms and Conditions apply to the use of Apia Rewards, including in relation to the collection and handling of your personal information associated with the Rewards Platform. Full Apia Rewards Terms & Conditions can be accessed here. When you access Apia Rewards you agree to the Terms and Conditions.
6.9. Claim online
Claim online (which forms part of our Main Site) enables you to lodge a claim online for certain Apia policy types. Claim online is only for holders of eligible Apia branded policies. Claim online is not available for the following claim types: Third Party Property Damage (all vehicle types), Travel, Health Insurance, NSW CTP, ACT MAI Insurance and certain life insurance products. It is not available for Apia policy types such as Boat Insurance, Travel Insurance, Funeral Insurance, Injury Insurance, NSW CTP or ACT MAI Insurance. Terms 6.9 to 6.13 are relevant only to those Apia policies for which the relevant Claim online functionality is available. In addition to the remainder of these Online Terms, terms 6.9 to 6.13 apply to Claim online.
6.10. Accessing Claim online
6.10.1. Claim online is only accessible to you once you have provided certain details as requested by Apia via the Claim online application. You will only be able to use Claim online if you hold an Apia insurance policy for which Claim online is available.
6.10.2. You will be required to supply a valid email address to lodge your claim using Claim online. This email address will also be used to register you for Claim Assist, if you have not already registered for that application. You should select an email that only you have access to, since we may communicate with you using that address.
6.11. Lodging a claim
When you lodge a claim online, we will confirm what next steps will occur and the time they will occur in. Following the lodgement of your claim, we will tell you whether your claim has been accepted, and whether you will need to pay your policy excess. Should you require immediate assistance, you can call us on 13 50 50 at anytime – 24 hours a day, seven days a week.
6.12. No automatic update of personal information
Please be aware that personal information such as your name, address and vehicle’s details, which you enter into Claim online will NOT automatically update on our record of your Apia policy. If you would like to update your policy’s details, please call us on 13 50 50 or send us an email to email@example.com
6.13. Termination of Claim online access
Term 20 of these Online Terms applies in full.
7. Apia Claims Assist Application
8. Valuation tools, calculators, games and other features
8.1. Our Online Sites may contain or make available various tools, calculation devices, software programs, games or other features which may assist you in calculating such things as the optimal insurance policy, premium or level of excess. Our Online Sites may also contain other useful information, such as information about the insurance industry.
8.2. Whilst we have undertaken reasonable steps to ensure that any such features or information as described in term 8.1 are accurate and free from defect, we do not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an "as is" basis. The use by you of any of these features or any information provided is entirely at your own risk. The monetary figures used by these features in any calculations are estimates only and do not take account of your particular circumstances.
9. Our standard terms and acceptance criteria apply
All enquiries or applications for insurance (including variations of cover) or other products made via any of our Online Sites are subject to and must comply with our normal acceptance criteria and unless otherwise specified and are governed by the normal terms and conditions applying to each product or service requested. Except for statutory products like NSW CTP and ACT MAI Insurance, the terms and conditions of the products which we issue or provide (as relevant) are contained on our Main Site.
Whenever you make an enquiry or application for one of our insurance products (which is or will be Consumer Insurance Contract as defined by the Insurance Contracts Act 1984), you have a duty to us under the Insurance Contracts Act to take reasonable care not to make a misrepresentation before you enter a contract of insurance with us. To make sure that you meet this duty to us, it is important that you answer all questions truthfully and accurately. If you do not, we may be able to reduce or refuse to pay a claim or cancel your policy, or both. If your failure is fraudulent, we may be able to refuse to pay a claim and treat the contract as if it never existed.
10. Social media content you submit to our Social Media Sites
10.1. When a user of any of our Social Media Sites ("Social Media Site User") submits any personal information or materials via a Social Media Site including text, comments, recordings, images or otherwise ("Social Media Site User Content"), the Social Media Site User, unless we advise otherwise , licenses and grants us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Social Media Site User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability. We qualify this term 10.1 by stating that any recruitment application or related correspondence, which is not provided by way of an open public forum or other public process, will be treated by us in accordance with Clause 28.4.
10.2. Users agree that they are fully responsible for the Social Media Site User Content they submit. We shall not be liable in any way for such Social Media Site User Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site User. We may screen and/or remove and/or request that the third party operator of any social media site or website remove any Social Media Site User Content without notice for any reason whatsoever. Social Media Site Users warrant and agree that: (a) they will not submit any Social Media Site User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, or is unreasonably commercial (for example, a ‘guerrilla marketing’ attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication; (b) they will obtain prior consent to the submission of their Social Media Site User Content from all persons who appear in (for example, in photographs) or have any rights in relation to any property that appears in or forms part of their Social Media Site User Content; (c) their Social Media Site User Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the Social Media Site User, they will obtain full prior consent from any person who has jointly created or has any rights in the Social Media Site User Content, to the uses and terms herein; (d) their Social Media Site User Content shall not contain viruses or cause injury or harm to any person or entity or device; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems.
10.3. Without limiting any other terms herein, the Social Media Site User agrees to indemnify us (including any of our related bodies corporate) for any loss or expense we and/or any of our related bodies corporate may suffer in relation to any breach of the above terms.
10.4. Social Media Site Users consent to any use of their Social Media Site User Content in accordance with term 10 which may otherwise infringe their moral rights pursuant to the
Copyright Act 1968, including us or our affiliates and sub-licensees using and reproducing that Social Media Site User Content without attributing it to the Social Media Site User, or making modifications or adaptations to the Social Media Site User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media.
Social Media Site Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Social Media Site User Content. The Social Media Site User agrees to indemnify us (and any of our related bodies corporate) against all costs and claims by third parties arising from a breach of this warranty.
Whilst reasonable steps have been undertaken to ensure that information is free from error, subject to any applicable law which cannot be excluded (including warranties under the Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth)), Apia does not warrant the accuracy, adequacy or completeness of Site Content or any Online Site User Content or any Social Media Site User Content, on any of its Online Sites.
12. Limitation of liability
Subject to any rights you may have under any applicable law (including the Australian Consumer Law and Australian Securities and Investments Commission Act 2001 (Cth)), we do not accept any legal responsibility for any loss or damage, including loss of business or profits or any other indirect loss arising out of or referable to any Site Content, Online Site User Content, Social Media Site User Content, Third Party Material, third party services, or to access (or lack of access) to our Online Site (or website operated by any member of the Suncorp Group) by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
You indemnify us (and any of our related bodies corporate) against any loss, cost, damage, expense and liability suffered or incurred by us (or any of our related bodies corporate) as a result of your breach of these Online Terms, except to the extent caused or contributed to by our negligence.
14. No advice / Risk Management Products / Standard Pacific
14.1. Unless specifically disclaimed, no Online Site purports to provide you with financial product or investment advice of any kind. The information available via an Online Site does not take account of your particular financial or insurance position or requirements. We suggest that you seek independent advice before acting upon any Site Content or any information found on a Third Party Site. Depending on your circumstances, you should also consider whether other types of advice may be relevant to your situation, including but not limited to independent legal, accounting or financial planning advice.
14.2. Any risk management products featured on our Online Sites (for example, foreign exchange or interest rate management products) involve risks when using such products. You should seek expert advice before using such products so you are fully informed of the risks involved.
15. Availability of an Online Site
15.1. Since electronic services are subject to interruption or breakdown, access to an Online Site is offered on an "as is" and "as available" basis only.
15.2. We may impose limits or restrictions on the use you may make of an Online Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Online Terms, we may withdraw an Online Site (or part thereof) at any time and without notice to you.
15.3. Any cost associated with accessing an Online Site is the user’s responsibility and is dependent on the internet or telecommunications service provider used.
16. Restrictions on use of an Online Site
The Site Content contained on any Online Site is provided solely for bona fide personal or commercial customers only. By accessing, viewing or otherwise using any of our Online Sites, you agree to abide by the terms and conditions of use contained in this term and term 17.
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 any of our Online Sites, or any of the information, content or data contained within or accessible through any of our Online Sites, without our prior written permission;
b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through any of our Online Sites with information, content or data accessible via or sourced from any third party;
c) use any information on or accessed through any of our Online Sites 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 any of our Online Sites 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 any of our Online Sites;
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 any of our Online Sites; or
g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Online Sites without our prior written permission.
17. No use of any Online Site for unrelated persons
You must only use our Online Sites (as permitted by their design) to:
a) obtain insurance quotes;
b) obtain other information relating to the price of insurance cover from us;
c) conduct insurance related transactions (including using any self-service function to manage your insurance product or claim) 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.
You agree not to otherwise use any of our Online Sites to obtain insurance quotes, or to obtain other information relating to the price of insurance cover from us or conduct insurance-related transactions or queries.
You also agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage or expense, howsoever caused, suffered by us as a result of your breach of this term 17
18. Third party providers
19. Copyright and trademarks
19.1. Copyright in the Material on an Online Site is owned or licensed by us.
19.2. Except where necessary for and incidental to viewing or using the Site Content on an Online Site via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no Site Content on an Online Site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of us.
19.3. We and each of our related bodies corporate separately reserve their intellectual property rights and all other legal rights with respect to their trademarks, whether registered or otherwise.
19.4. Third party trademarks are trademarks of the respective third parties.
20.1. Termination of these Online Terms
Unless otherwise stated in this term 20, your access to our Online Site(s) may be terminated at any time by us. You may terminate your use of our Online Sites at anytime for breach of these Online Terms or where we reasonably suspect fraudulent activity. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on our liability, will survive any termination. Upon termination you must not directly or indirectly access or use the relevant Online Site(s) or any Site Content on the relevant Online Site(s).
20.2. Termination of access to Apia Online Services
We reserve the right to terminate your access to Apia online Services any time upon notice to you for breach of these Online Terms, where we reasonably suspect fraudulent activity associated with your account, or you have not accessed your account for 4 years. You are not permitted to use Apia online Services if you are no longer a policyholder, active claimant or nominated representative under the relevant Apia insurance policy. You agree to fully indemnify us for any cost, loss or damage arising from your deliberate or negligent acts while using Apia online Services if you are no longer a policyholder, active claimant or nominated representative under the relevant Apia insurance policy, or from your breach of these Online Terms. You may terminate your access to Apia Online Services at any time by calling 13 50 50 or by emailing firstname.lastname@example.org and providing sufficient identifying information along with your request. However, such termination will not be effective until notice of that termination is received and processed by Apia. Upon termination for any reason of these Online Terms and/or your access to Apia Online Services you must not directly or indirectly access or use Apia Online Services or any Apia Online Services functionality or services. The limitation of liability expressed in term 20.1 also applies to the termination of Apia Online Services access.
20.3. Termination of access to Claim online
We reserve the right to terminate your access to Claim online any time upon notice to you for breach of these Online Terms, where we reasonably suspect fraudulent activity associated with your account, or you have not accessed your account for 4 years. You are not permitted to use Claim online if you are no longer a policyholder, active claimant or nominated representative under the relevant Apia insurance policy. You agree to fully indemnify us for any cost, loss or damage arising from your deliberate or negligent acts while using Claim online if you are no longer a policyholder, active claimant or nominated representative under the relevant Apia insurance policy, or from your breach of these Online Terms. You may terminate your access to Claim online at any time upon notice to us. That notice must be given to us either by calling us on 13 50 50 or by emailing email@example.com and providing sufficient identifying information along with your request. However, such termination will not be effective until notice of that termination is received, processed and acknowledged by us. The limitation of liability expressed in term 20.1 also applies to the termination of Claim online access.
21. Acceptance of and changes to these Online Terms
21.2. You accept that Apia has provided you with sufficient notice of the variation by making available the current version of the Online Terms on the Online Site you use. By your use of an Online Site after any variation, you are taken to have accepted the new Online Terms. We won’t change the terms while you are on an Online Site, but each time you attend the Online Site you agree to the Online Terms afresh.
22. Our complaints resolution process
22.1. If you are dissatisfied with your dealings with us in relation to your use of an Online Site please let us know by emailing us at firstname.lastname@example.org
22.2. We will review your email and contact you with a reply or to ask you for further information, if it’s required. If you make a complaint and it is about an Apia insurance policy or insurance claim, you may have additional rights of appeal, such as under Apia's formal dispute resolution process. We will tell you if that is the case. See your PDS for details about how we resolve complaints.
23.1. An Online Site may be viewed and interacted with by anyone in the world, however age limits may apply to certain Site Content (including the sale or issue of any insurance product), promotions or offers.
23.2. We only offer our insurance products for sale within Australia. The information, products and services provided on our Online Sites may be limited to residents of certain States and Territories of Australia only. The information provided on our Online Sites may not satisfy the law of other countries. Overseas residents may contact the Suncorp Group by email for assistance regarding the availability of products and services described on our Online Sites.
23.3. The law applicable to an Online Site (including our operation of any Social Media Site), and to any complaints arising from an Online Site is the law of the State of Queensland, Australia. By using any of our Online Sites you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, unless the complaint relates to an insurance contract in which case relevant state or federal law will apply.
23.4. Should any term or part of these Online Terms be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
23.5. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this term "conduct" includes delay in the exercise of any right. "Right" means any of our rights which arises under or in connection with these Online Terms or otherwise, and
23.6. includes the right to rely on this term. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
23.7. The products, services and promotions featured on our Online Sites may be withdrawn or varied at any time, without notice, within the limits of Australian law.
24. Linking to any of our Online Sites
Unauthorised linking to any part of an Online Site (including any part of a Social Media Site or website operated by a related body corporate that is part of the Suncorp Group) is expressly prohibited. Please contact us if you would like to link to any part of our Online Site(s). Only written permission from us will constitute authorisation of a link.
25. Our Online Privacy Statement starts here
25.1. By using an Online Site you accept that any personal information we collect about you will be handled according to terms 25 to 31 of these Online Terms as well as:
- where you acquire a product or service from us or we collect your personal information, any relevant Privacy Statement which we provide you. Read our privacy statements
25.2. In addition to these Online Terms there may also be additional privacy provisions that apply to your use of an Online Site or as a result of your membership (or your application for membership) of a third party social media website that hosts our Social Media Site. Should you decide to register for or participate in a promotion or other activity, or purchase a product or service from us, you will be bound by the relevant terms of that promotion, activity, product or service.
26. Your online privacy
26.1. Notwithstanding any other term in these Online Terms, you agree and freely acknowledge that when you submit comments, recordings, images or other personal content, for public display on an Online Site, that content may be available for anyone in the world to read and/or view and/or comment on and potentially download. See terms 10 and 28 for further information about the public display of your content.
26.2. Our Main Site uses the services of the firm Adobe to monitor website use. The Adobe tool does not collect any personal information while you use our site(s) and the reports it provides to us are of aggregated information only. These reports help us to maintain, administer and improve these sites.
27. Posting public content
27.1. Unless otherwise stated, when you post a public comment or upload other public data to an Online Site, that information may be displayed by us publicly in accordance with terms 10, 26 and 28. Your information may also be retained by us where there is a legal reason to retain it for a longer period.
28. Information collected and how we use it
28.1. General Information
28.1.1. The information we will collect about you will depend on how you use an Online Site.
28.1.2. If you use an Online Site to read, browse or download information, our computer system may record information such as the date and time of your visit, the pages accessed and any information downloaded. This information may be used for statistical, reporting, site/application administration and maintenance purposes.
28.1.3. An Online Site may offer interactive facilities including tools, games and other online features. If you use any interactive facilities, we may, but generally do not, capture any personal information which you may enter when using these tools.
28.2. Personal information submitted to an Online Site
28.2.1. When you as a user of an Online Site ("Online Site User"), including any Social Media Site User referred to in term 10 above, submits any personal information via an Online Site, whether in the form of text, comments, recordings, images or otherwise ("Online Site User Content") (for the avoidance of doubt, Online Site User Content includes Social Media Site User Content, as far as is relevant in the circumstances), you consent to that personal information being collected by us and used and disclosed for any purpose permitted by these Online Terms, and otherwise as permitted by relevant privacy laws in Australia.
28.2.2. You agree to obtain the prior consent of any other person whose personal information (whether in the form of words, images, recordings or otherwise) you submit to us via an Online Site, including any Social Media Site. We will collect this information from you in good faith and take reasonable precautions to ensure it is handled in accordance with relevant Australian privacy laws. If you are not sure whether the other person would agree with you providing their personal information to us, please exercise caution and DO NOT provide it to us.
28.2.4. We also collect, hold, use and disclose personal information about individuals when they interact with us in a range of other ways. These may be individuals who are not customers or they may be customers who are interacting with us in a different way.
28.2.6. In the case of personal information which is provided to us for public display by a Social Media Site User (this includes any ‘tweet’ you send to us on Twitter/X, which we may "re-tweet" to other Twitter/X users), we may display that information to other Online Site Users or otherwise display the Online Site User Content for any purpose in any media (including, but not limited to, commercial brochures and/or other advertising material). See also term 10 for what other uses and/or disclosures we may make of a Social Media Site User’s personal information and what limits it imposes. 28.2.8. We may collect personal information belonging to an Online Site User, such as their name, email address or social media site alias, in order to provide them with the interaction or outcome they have requested. This may require us to disclose an Online Site User’s personal information to one or more third parties, including but not limited to agents or external service providers.
28.2.8. If you decide to enter a promotion that is made available or otherwise advertised on an Online Site you will need to agree to that promotion's separate terms and conditions, which will be drawn to your attention as part of the entry process.
28.2.9. Where practical we will collect your personal information directly from you.
28.3. Security of personal information submitted to our Main Site
28.3.1. All personal information you provide to our Main Site and/or our Competition Site over the internet while inquiring about or obtaining an insurance quotation, or entering a promotion (as relevant) is passed through a secure, encrypted connection. The secure connection is over a protocol called secure sockets layer (SSL). We use a minimum of 128-bit encryption, which provides a very high level of protection against unauthorised access in order to prevent unauthorised persons from reading the information you send to us while it is in transit over the internet. Once your personal information has been received at our Main Site and/or our Competition Site (as relevant), we take all reasonable precautions to securely pass that information to our mainframe computer or to another member of the Suncorp Group on our behalf, or in the case of a promotion, to our secure promotion database. These mainframe computers are not directly accessible through the internet, nor is our promotion database. No details you provide to us are stored on a web server.
28.3.2. When you make an online payment on one of our Online Sites your payment card number will be passed in a secure manner between our Online Site and one or more third party providers, such as the issuer of your payment card. Your payment card number will be recorded in a mainframe computer operated by us or by another member of the Suncorp Group on our behalf, and will not be transmitted over the internet to payment card providers or payment providers. Neither we nor any payment provider we allow will store your payment card details on any web server. If your payment card number is stored it will only be for us or our financial institution’s record keeping purposes (or otherwise as required by law), and then it will be stored with an even higher level of encryption.
28.3.3. If you are not comfortable with sending any information over the internet, please contact us to discuss alternative methods.
28.4. Recruitment information
28.4.1. As part of our recruitment process, we will gather information on your background, including personal information that you include on your application or resume, such as your name, mailing address, telephone number, email address, career history, details of any competency tests or other information relating to your career.
28.4.2. In some circumstances, we may also collect sensitive information about you such as information about your membership of a professional or trade association or trade union; security clearance or any criminal record(s) or charges you may have had filed against you. When we need to collect this type of information, we will obtain your consent. If it is provided to us by way of your initial application, then your consent for us collecting it will be inferred.
28.4.3. There may be occasions when we obtain personal information about you from a third party; for example, when receiving the results of a psychological or competency test or assessment centre results. When we need to collect this type of information, we will obtain your consent prior to you taking part in the exercise.
28.4.4. In relation to the collection of personal information regarding references, we will not approach any referees without your specific permission or knowledge.
28.4.5. Please be aware, if you do not provide us with the information we require, we may be limited in the Suncorp Group’s ability to consider you for employment.
28.4.6. Unless permitted by law, we will only use your personal information collected in relation to recruitment for the primary purpose of employment with the Suncorp Group.
28.4.7. Should we engage third party contractors or vendors to perform recruitment services for us, which involve handling your personal information, we will take reasonable steps to prohibit these parties from using your personal information except for the purposes for which it was supplied.
29. Third Party Sites (including third party social media sites)
29.1. Our Online Sites may contain links to Third Party Sites (see term 3.1). Third Party Sites should contain their own privacy statements and those third parties are responsible for informing you about their security and privacy practices.
30. Your privacy rights and complaint resolution
30.1. If we have collected your personal information through your use of an Online Site, then you have a right to access, update or correct that personal information You also have the right to make a complaint about your privacy. Click here to find out the contact points should you have an information access or correction request or privacy concern relating to your use of an Online Site.
30.2. We will review your correspondence or request and contact you with a reply or to ask you for further information, if required. We respect your legal right to access and correct your personal information and will respond to your request within a reasonable time. We will ordinarily not charge you a fee to access your personal information, however in some circumstances we may elect to charge you a reasonable fee for access, as permitted by law.
30.3. If you make a complaint about your privacy you may have additional rights of appeal, such as under our formal dispute resolution process. We will tell you if that is the case. See the "Making a Privacy Complaint" part of our main website for more information about how we resolve privacy complaints.
31.1. Our Online Sites use "cookies" as a fundamental part of their interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A "cookie" is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
32. About Apia’s online sites – Funeral and Injury Insurance webpages only
32.1. Funeral and Injury Insurance webpages (FI Pages)
32.1.1. These subsections 32.1 to 32.8 only apply to the following webpages on the Online Site(s):
a) main Funeral and Injury Insurance webpage (www.apia.com.au/funeral-insurance including its related transactional domains and pages) (“Main FI Page”);
b) mobile device site (m.apia.com.au/funeral-insurance) (“FI Mobile Page”) which for the purposes of these Online Terms forms part of the Main FI Page; and
c) online quote system for Funeral and Injury Insurance product (“Online Quote System”).
(Collectively referred to as “FI Pages”)
32.2. Funeral and Injury Insurance Product Issuer
32.2.1. Apia Funeral and Injury Insurance (“FI Insurance”) is issued by TAL Life Limited ABN 70 050 109 450 AFSL 237848 (TAL Life) under the Apia brand. Apia is part of the Suncorp Group Limited ABN 66 145 290 124 (“Suncorp Group”). TAL Life is part of the TAL Dai-ichi Life Australia Pty Limited ABN 97 150 070 483 group of companies (“TAL”). TAL is responsible for content and output of the above FI Pages. Any quotation in relation to FI Insurance is provided by TAL. TAL is authorised to use the Apia brand. The Suncorp Group is a distributor of FI Insurance provided by TAL. The different entities of TAL and Suncorp Group are not responsible for, or liable in respect of, products and services provided by the other.
32.3. General Advice
32.3.1. Any advice on the FI Pages in connection with FI Insurance is general in nature and does not take into account your individual needs, objectives or financial situation. Before acting on the advice, you should obtain a copy of the relevant product disclosure statement (“PDS”) and consider the PDS carefully before deciding whether or not to acquire the product. The PDS contains important information which will help you understand the relevant insurance product, including what's covered and what's not covered and can help you decide whether the product is appropriate for you.
32.3.2. Apia does not provide any financial product advice in relation to FI Insurance. Any advice provided in connection with FI Insurance is general in nature and is provided by Platform Ventures Pty Ltd ABN 35 626 745 177 AFS Representative Number 001266101 (“PV”). PV is part of the Suncorp Group and is an authorised representative of TAL Direct Pty Limited ABN 39 084 666 017, AFSL 243260 (“TAL Direct”). When you speak to a representative on the phone or via webchat about FI Insurance you are speaking to a representative of TAL Direct.
32.4. FI Insurance Material
32.4.1. To the fullest extent permissible by law the materials on the FI Pages in connection with FI Insurance (“FI Materials”) are provided as is and without warranty of any kind (either express or implied). TAL does not warrant that the FI Materials, the FI Pages or its contents will be error and/or omission free or provided uninterrupted.
32.4.2. To the fullest extent permissible by law, TAL specifically disclaims and excludes any and all liability that may arise for direct, indirect, incidental, consequential, loss of profit or special damages that may arise from the access to, reliance on and/or use of the FI Pages or the contents thereof except to the extent that the loss of profit or special damages are caused by TAL's negligence, fraud or wilful misconduct or that of its officer, employee, contractor or agent.
32.5. Intellectual Property Rights and Copyright
32.5.1. All FI Materials available through the FI Pages is owned by or licensed to TAL and is protected by intellectual property rights. You agree not to access, download or otherwise use any FI Materials on the FI Pages in any way not expressly authorised by TAL. You accept full responsibility and indemnify TAL for any expense, loss or liability that TAL incurs as a result of any use by you of the FI Materials on the FI Pages that is not expressly authorised by TAL except to the extent that the expense, loss or liability is caused by TAL's negligence, fraud or wilful misconduct or that of its officer, employee, contractor or agent.
32.5.2. Copyright in the FI Pages, including any downloadable content and any document created from or through the FI Pages is owned by TAL. The FI Materials (or any part thereof) may not be reproduced, communicated or used in any way without the prior written permission of TAL, unless expressly permitted under these terms or under the Copyright Act 1968 (Cth).
32.6. Your Information
32.7. Complaints in relation to Life and Income Protection Product.
If you are dissatisfied with any aspect of your relationship with TAL including their products and services and wish to make a complaint, please contact them on 1300 209 088 or contact the Customer Services team at email@example.com. You can also view the TAL Complaints Policy here.
32.8.1. clauses 32.8.2-32.8.11 are subject to any applicable obligations or limitations set by law, including, but not limited to the Australian Consumer Law, and the ASIC Act.
32.8.2. Use of the FI Pages is at your own risk.
32.8.3. TAL makes no warranty that the use or operation of the Life Pages, or any of the services available on the Life Pages or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law and provided TAL has taken all reasonable steps to ensure the content of the Life Pages accurately reflect product terms or information in relation to life insurance products or other product information prepared by TAL for the Life Pages.
32.8.4. Subject to any responsibilities implied by law and which cannot be excluded, TAL, and its directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any FI Page content third party services, or to access FI Pages by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise except to the extent that the loss, damage, liability, claim or expense is caused by TAL's negligence, fraud or wilful misconduct or that of its officer, employee, contractor or agent
32.8.5. Links from the FI Pages to other pages on any other website are provided for your convenience only and do not constitute a recommendation or endorsement by TAL of the content of those pages. Use of these links is at your own risk. TAL does not control and is not responsible for any information or material found on those linked pages, nor the timeliness or completeness of any information or material found on those linked pages. TAL does not control and is not responsible for any website of which they form a part and TAL does not endorse any views or recommendations of third parties included or referred to in any of the information on the FI Pages.
32.8.6. TAL accepts no responsibility for the accuracy, reliability, currency or completeness, and TAL does not endorse any material on the FI Pages that has been provided by third parties. Except to the extent that any liability under any law cannot be excluded, liability for this material is excluded by this clause.
32.8.7. TAL does not warrant that the FI Pages, or its contents, or any third party websites that the FI Pages link to, will be free from viruses.
32.8.8. TAL also assumes no responsibility and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing on the FI Pages or you downloading of any material, data, text, images, video or audio from the FI Pages except to the extent that the damage, is caused by TAL's negligence, fraud or wilful misconduct or that of its officer, employee, contractor or agent.
32.8.9. You agree that if TAL is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links and publications provided via the FI Pages except where under the product terms or by law TAL is required to provide notice by other means, in which case TAL will provide notice by the means the law requires.
32.8.10. Nothing in these terms prevents any party or any person who is entitled to the benefit of these terms, taking action to enforce their rights under these terms.
a) You agree that except where the law otherwise requires (see (b) below), TAL may amend these terms at any time by posting the amended terms on the FI Pages and take effect immediately upon publication on the FI Pages and that, your use of the FI Pages constitutes your acceptance of the terms of the FI Pages, as amended by TAL from time to time.
b) However, where the law requires notice of changes to product terms to holders of TAL products or potential holders of TAL products, TAL will of course comply with the legal requirements for providing such notice.