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");
- Suncorp Life & Superannuation Limited (ABN 87 073 979 530, AFSL 229 880) ("SLSL");
- Suncorp-Metway Limited (ABN 66 010 831 722, AFSL 229882) ("Suncorp Bank"); and
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 regulates 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 our online sites
1.1 We operate certain online sites including our:
1.1.1 main website (www.apia.com.au including its related transactional domains and pages) ("Main Site");
1.1.2 mobile device site (m.apia.com.au) ("Mobile Site") which for the purposes of these online terms forms part of the Main Site;
1.1.3 social media site(s) ("Social Media Site(s)") as operated from time to time; and
1.1.4 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. GIO issues compulsory third party ("CTP") insurance in New South Wales, including Driver Cover Plus. AAI holds Australian Financial Services Licence no. 230859.
Apia funeral and injury insurance are each issued by Suncorp Life & Superannuation Limited (ABN 87 073 979 530), AFSL 229 880 ("SLSL") under the Apia brand and are distributed by Suncorp Financial Services Pty Ltd ABN 50 010 844 621 ("SFS"), AFSL 229885. SLSL is the issuer of the funeral and injury insurance products and provides all information about those on our Online Sites. Apia does not provide any financial product advice in relation to the SLSL’s products.
Apia is an authorised representative of (a) SLSL, the issuer of funeral and injury insurance. (b) GIO, the issuer of CTP insurance and AAI, the issuer of branded home, landlord, caravan, motorhome, boat and travel insurance.
Apia, AAI, SLSL 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.
Benefits 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 SLSL are provided and undertaken solely by SLSL. Benefits payable and obligations undertaken in relation to health insurance products issued by nib are undertaken solely by nib.
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, Competition Site and/or Mobile 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, Competition Site and/or Mobile Site will be freely visible to other website users. Any social media sections of our Main Site, Competition Site and/or Mobile 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 9 and 27, 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 or our Mobile Site, your transaction will be conducted over a secure internet connection - see term 27.3 for details.
1.2 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.
1.3 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.
1.5 We own and operate the Main Site and the Mobile Site (which forms part of the Main Site), the Competition Site and the Claims App. These Online Sites include all web pages under or forming part of the domain name apia.com.au and m.apia.com.au and insurancepromotions.com.au (as relevant). Our Mobile Site is designed for use by portable electronic devices such as smart phones or tablet computers. We disclaim that our Mobile Site may not operate (or may not operate fully) on some types of portable electronic devices. If you experience difficulty in accessing or using our Mobile Site, you should access our Main Site (www.apia.com.au) using a modern web browser on a personal computer with a screen diameter or 10 inches or greater. 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.
1.7 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.
2. Links to other third party websites or applications
2.1 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").
2.2 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.
2.3 Subject to any applicable law which cannot be excluded, we make no warranties or representations:
2.3.1 regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Sites; or
2.3.2 that Third Party Material does not infringe the intellectual property rights of any person.
2.4 We are not authorising the reproduction of Third Party Material by linking Site Content to Third Party Material.
2.5 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.
3. Main Site: product information and insurance purchase and renewal
3.1 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 purchase and pay for some insurance products and services online.
3.2 Completing transactions on the Main Site
3.2.1 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 3, have been complied with.
3.2.2 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 3 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.
3.2.3 You further acknowledge that, to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the Main Site, or any failure to receive an Electronic Instruction for whatever reason.
3.3 Purchasing insurance policies
3.3.1 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 our absolute discretion. We reserve the right not to make an electronic offer to you, including 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 is 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.
3.3.2 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.
3.3.3 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 3 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.
3.3.4 Some insurance policies available through the Main Site may offer a deferred payment option. Where this option is available and selected by you, term 4.3 of these Online Terms will additionally apply.
3.3.5 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.
3.3.6 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).
3.3.7 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.
3.3.8 We may or may not issue a paper confirmation of the insurance policy. The existence of a binding contract is not conditional on us issuing, or you receiving, a paper confirmation of the transaction.
3.3.9 You are responsible for ensuring that you receive a policy number and should contact us if one is not received.
3.3.10 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 4.3), 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.
3.3.11 For the avoidance of doubt, the terms and conditions in this term 3.3 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.
3.4 Renewal payments
3.4.1 The Main Site may offer an online facility for renewal payment of certain insurance policies with selected payment cards.
3.4.2 The policy renewal notice will indicate whether online renewal payment is available.
3.4.3 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.
3.4.4 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.
3.4.5 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).
3.4.6 We, at are discretion, may or may not issue a paper confirmation of the renewal payment. The existence of a valid payment is not conditional on us issuing, or you receiving, a paper confirmation of the transaction.
4. Main Site: payments
4.1 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.
4.2 Except as specifically set out in term 4.3 below, and unless provided for otherwise, all payments referred to in term 4.1 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.
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.
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).
4.3 When you purchase or renew some policies that are available through the Main Site (including through My Apia Insurance, 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.
4.4 If you pay your claim excess via My Apia Insurance 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. If you fail to pay your applicable claim excess, whether via My Apia Insurance or through another payment method we offer, we may not provide you with the cover or policy benefit you have claimed for. Refer to the relevant Product Disclosure Statement and your policy certificate for more information about your claim excess.
5. Main Site: My Apia Insurance and Claim online
5.1 Accessing My Apia Insurance
My Apia Insurance (which forms part of our Main Site) enables you to view, manage and change certain details of your Apia policy online. Please note My Apia Insurance is not available, or not fully available, for all Apia policy/product types. Specifically, it is not available for CTP insurance (although the Main Site provides access to a separate CTP quote retrieval facility), funeral insurance or injury insurance or health insurance - you will need to contact the relevant product issuer in relation to these products if you wish to transact or require information about these covers you hold.
Terms 5.1 to 5.4 are relevant only to those Apia policies for which the relevant My Apia Insurance functionality is available. In addition to the remainder of these Online Terms, terms 5.1 to 5.4 apply to My Apia Insurance.
5.1.1 Some parts of My Apia Insurance are 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 My Apia Insurance, relating to you and/or one of your insurance policies currently held with Apia (collectively, this information is your "Login"). You will only be able to "log-in", generate a Login, and use My Apia Insurance if you hold at least one current Apia insurance policy for which My Apia Insurance is available.
5.1.2 You must not provide details of your Login to any other person. You must not allow any other person to use your Login. Your My Apia Insurance Login is entirely separate to any Login you use to access My Apia Insurance.
5.1.3 You must not use My Apia Insurance to access or modify the details of another person or their insurance policy without their clear authority. Criminal penalties may apply if you do so.
5.2 Loading your policy details into My Apia Insurance
You may, in relation to any of your current Apia insurance policies which are accessible via the functionality of My Apia Insurance, include details of those policies in My Apia Insurance and associate such policies with your Login (each such policy then being a "Loaded Policy").
5.3 Amending your policy using My Apia Insurance
During the term of your policy, and using My Apia Insurance, 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 19 before the modification to your Loaded Policy takes effect.
5.4 Termination of My Apia Insurance access
Term 19 of these Online Terms applies in full.
5.5 My Apia Insurance
My Apia Insurance (which forms part of our Main Site) enables you to view and manage certain claim related information for certain eligible Apia policy types. Please note My Apia Insurance is only available for Comprehensive Car Insurance, Comprehensive Boat Insurance, Comprehensive Caravan Insurance, Onsite Caravan Insurance, Motorhome Insurance, Motorhome Contents Insurance, Home and Contents Insurance, Apartment Insurance, Village Insurance, Assisted Living Residence Insurance and Landlord Insurance. It is not available for all Apia policy types such as Third Party Property Damage Insurance (cars, motorcycles and boats), Third Party Fire and Theft Insurance (cars, motorcycles and boats), Travel Insurance, Funeral Insurance, Injury Assistance Insurance or Compulsory Third Party (CTP) Insurance. If you would like information about claims you have made under those products, please call Apia on 13 50 50 anytime. My Apia Insurance is not available for health insurance, please contact the insurer for information about health insurance claims. The terms 5.5 to 5.9 are relevant only to those Apia policies for which the relevant My Apia Insurance functionality is available. In addition to the remainder of these Online Terms, the specific terms in these terms 5.5 to 5.9 apply to My Apia Insurance. Access to My Apia Insurance is for Apia policyholders only.
5.6 Accessing My Apia Insurance
5.6.1 My Apia Insurance 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 My Apia Insurance if you hold at least one current Apia insurance policy for which My Apia Insurance is available.
5.6.2 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.
5.6.3 If you hold a policy for which My Apia Insurance 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 My Apia Insurance. We can do this for you in a few minutes, since our online registration page doesn’t currently cater for certain policy name types.
5.6.4 You must not provide details of your Login to any other person. You must not allow any other person to use your Login.
5.6.5 You must not use My Apia Insurance to access or modify the details of another person’s insurance claim without their clear authority. Criminal penalties may apply if you do so.
5.7 Viewing your claims in My Apia Insurance
When you register for My Apia Insurance you will be asked to nominate a current Apia insurance policy for which My Apia Insurance is available. Once you have registered, you will be able to view accessible claim records under that policy. If you hold multiple policies for which My Apia Insurance is available, you will be able to use your single Login to view accessible claims from each of those policies, so long as we have permitted your policies to be linked under the same Apia client number.
5.8 Permitted transactions using My Apia Insurance
During an active claim displayed within My Apia Insurance, 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 4 applies. My Apia Insurance can take up to 5 business days to update your claim excess payment status.
5.9 Termination of My Apia Insurance Access
Term 19 of these Online Terms applies in full.
5.10 Claim online
Claim online (which forms part of our Main Site) enables you lodge a claim online for certain Apia policy types. Claim online is only for holders of eligible Apia policies. Claim online is not available for the following claim types: Third Party Property Damage (all vehicle types), Travel, Health Insurance, Funeral, Injury and Compulsory Third Party (CTP). It is not available for Apia policy types such as Boat Insurance, Travel Insurance, Funeral Insurance, Injury Insurance or CTP Insurance. If you would like information about making a claim, please call Apia on 13 50 50 at anytime. Terms 5.10 to 5.14 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 5.10 to 5.14 apply to Claim online.
5.11 Accessing Claim online
5.11.1 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.
5.11.2 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.
5.12 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.
5.13 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
5.14 Termination of Claim online access
Term 19 of these Online Terms applies in full.
6. Apia Claims Assist Application
7. Valuation tools, calculators, games and other features
7.1 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.
7.2 Whilst we have undertaken reasonable steps to ensure that any such features or information as described in term 7.1 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.
8. 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 are governed by the normal terms and conditions applying to each product or service requested. Except for statutory products like CTP, 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, you must answer any questions we ask honestly and completely. We reserve the right to reduce or deny any claim you make under our policy and/or cancel that policy, if the information you provide us is not honest and complete. If any of our products requires that you comply with a duty of disclosure, we will inform you of this in the application/sale transaction and this will be made clear in the relevant Product Disclosure Statement if applicable. We reserve the right to reduce or deny any claim you make under an applicable policy and/or cancel the applicable policy, if the duty of disclosure has not been complied with.
9. Social media content you submit to our Social Media Sites
9.1 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 9.1 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 27.4.
9.2 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.
9.3 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.
9.4 Social Media Site Users consent to any use of their Social Media Site User Content in accordance with term 9 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, to the extent permitted by law, which law cannot be excluded, we do 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. All information is subject to change without notice. We do not guarantee that any Online Site or any Third Party Site will be free from viruses, or that access to any Online Site or Third Party Site will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
11. Limitation of liability
Subject to any responsibilities implied by law and which cannot be excluded, we, and our 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 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 an 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) in respect of any liability incurred by us (or any of our related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by us (or any of our related bodies corporate) as a result of your breach of these Online Terms or your use of any of our Online Sites.
13. No advice / Risk Management Products / Standard Pacific
13.1 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.
13.2 Any risk management products features on our Online Sites (for example, foreign exchange or interest rate management products) involve risks when using such products. You should seek expect advice before using such products so you are fully informed of the risks involved.
14. Availability of an Online Site
14.1 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.
14.2 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 (of part thereof) at any time and without notice to you.
14.3 Any cost associated with accessing an Online Site is the user’s responsibility and is dependent on the internet or telecommunications service provider used.
15. 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 16.
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.
16. 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 16.
17. Third party providers
18. Copyright and trademarks
18.1 Copyright in the Material on an Online Site is owned or licensed by us.
18.2 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.
18.3 We and each of our related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. "Apia", "Apia beyond 50", "Apia Australian Pensioners Insurance Agency", "Apia" Australian continent logo, "Wise Move Apia", "Rewarding Experience Apia" are each registered trademarks. "Apia Drive Less Pay Less" is an accepted trademark pending registration.
18.4 Third party trademarks are trademarks of the respective third parties.
19.1 Termination of these Online Terms
Unless otherwise stated in this term 19, these Online Terms and/or 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. 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).
19.2 Termination of access to My Apia Insurance
Apia reserves the right to terminate your access to My Apia Insurance at any time upon notice to you. You must terminate your access and/or use of My Apia Insurance if you are no longer a policyholder under the relevant My Apia Insurance accessible insurance policy. You agree to fully indemnify Apia for any cost, loss or damage, however caused, arising from your continued use of My Apia Insurance if you are no longer a policyholder. You may terminate your access to My Apia Insurance at any time upon notice to Apia, which notice must be given to Apia either 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, processed and acknowledged by Apia. Upon termination for any reason of these Online Terms and/or your access to My Apia Insurance you must not directly or indirectly access or use My Apia Insurance or any My Apia Insurance functionality or services. The limitation of liability expressed in term 19.1 also applies to the termination of My Apia Insurance access.
19.3 Termination of access to My Apia Insurance
We reserve the right to terminate your access to My Apia Insurance at any time upon notice to you. You must terminate your access and/or use of My Apia Insurance if you are no longer a policyholder under the relevant Apia insurance policy. You agree to fully indemnify us for any cost, loss or damage, however caused, arising from your continued use of My Apia Insurance if you are no longer a policyholder. You may terminate your access to My Apia Insurance at any time upon notice to us. That notice must be given to us either by calling us on 13 50 50 or 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 19.1 also applies to the termination of My Apia Insurance.
19.4 Termination of access to Claim online
We reserve the right to terminate your access to Claim online at any time upon notice to you. You must terminate your access and/or use of Claim online if you are no longer a policyholder under the relevant Apia insurance policy. You agree to fully indemnify us for any cost, loss or damage, however caused, arising from your continued use of Claim online if you are no longer a policyholder. 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 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, processed and acknowledged by us. The limitation of liability expressed in term 19.1 also applies to the termination of Claim online access.
20. Acceptance of and changes to these Online Terms
21. Our complaints resolution process
21.1 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 email@example.com
21.2 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.
22.1 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.
22.2 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.
22.3 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.
22.4 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.
22.5 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 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.
22.6 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.
23. 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.
24. Our Online Privacy Statement starts here
24.1 By using an Online Site you accept that any personal information we collect about you will be handled according to terms 24 to 30 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. Our privacy statements, can be found here
24.2 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.
25. Your online privacy
25.1 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 9 and 27 for further information about the public display of your content.
25.2 Our Main Site and Mobile Site use 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.
26. Posting public content
26.1 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 9, 25 and 27. Your information may also be retained by us where there is a legal reason to retain it for a longer period.
27. Information collected and how we use it
27.1 General Information
29.1.1 The information we will collect about you will depend on how you use an Online Site.
29.1.2 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.
29.1.3 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.
27.2 Personal information submitted to an Online Site
27.2.1 When you as a user of an Online Site ("Online Site User"), including any Social Media Site User referred to in term 9 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.
27.2.2 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.
27.2.5 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, which we may "re-tweet" to other Twitter 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 9 for what other uses and/or disclosures we may make of a Social Media Site User’s personal information and what limits it imposes.
27.2.6 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.
27.2.8 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.
27.2.9 Where practical we will collect your personal information directly from you.
27.3 Security of personal information submitted to our Main Site
27.3.1 All personal information you provide to our Main Site, Mobile 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, Mobile 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.
27.3.2 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.
27.3.3 If you are not comfortable with sending any information over the internet, please contact us to discuss alternative methods.
27.4 Recruitment information
27.4.1 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.
27.4.2 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.
27.4.3 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.
27.4.4 In relation to the collection of personal information regarding references, we will not approach any referees without your specific permission or knowledge.
27.4.5 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.
27.4.6 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.
27.4.7 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.
28. Third Party Sites (including third party social media sites)
28.1 Our Online Sites may contain links to Third Party Sites (see term 2.1). Third Party Sites should contain their own privacy statements and those third parties are responsible for informing you about their security and privacy practices.
29. Your privacy rights and complaint resolution
29.1 If we have collected your personal information through your use of a 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.
29.2 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.
29.3 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.
30.1 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.
These Online Terms are dated 2 June 2014