FAIRWEATHER TURNER  INSURANCE PORTAL Site: Terms of Use

1.                  General

(a)               These Terms of Use govern Your use of the FAIRWEATHER TURNER Insurance Portal including the functionality and information, text, graphics and other content and services accessible or provided to You on this site (the Site).

(b)               In these Terms of Use:

(i)                 FAIRWEATHER TURNER refers to FAIRWEATHER TURNER  ABN 99 002 709 622 and

(ii)               You (or Your) refers to you, being a user of the Site and, in the case of an individual accessing the Site for or on behalf of a company or other person, these Terms of Use will also apply to, and bind, that company or other person.  

(c)               In addition to the terms and conditions contained in these Terms of Use, other terms of use or conditions may apply to Your use of specific parts of the Site or to products and services offered via the Site. You will be bound by these additional terms and conditions, as applicable.

2.                  Access to the Site

2.1              Internet access and security

(a)               In order to access and use the Site, You must obtain (at Your cost) Your own access to the internet using:

(i)                 Microsoft Internet Explorer Version 6.0 or higher; or

(ii)               web services that conform to W3C standards and specifications notified by FAIRWEATHER TURNER.

(b)               You will be responsible for procuring (at Your cost) all hardware and software (and any associated services) necessary to connect to the internet and to access and use the Site.  To the extent permitted by law and other than as expressly stated in these Terms of Use, FAIRWEATHER TURNER does not warrant that any particular hardware or software will function satisfactorily or be compatible with the Site. You are responsible for ensuring that any hardware or software You use in accessing or using the Site is compatible with it.

(c)               You are responsible for the security and backing up of Your data. FAIRWEATHER TURNER will not be liable or responsible to You in any way if You fail to do so.

2.2              Passwords and access requirements

(a)               You must not disclose to any other person the password You use to access the Site or other security arrangements relating to the Site. You must keep such password and security arrangements secure and confidential.

(b)               You must immediately notify FAIRWEATHER TURNER and change Your password if Your password becomes known to any other person (other than FAIRWEATHER TURNER) without FAIRWEATHER TURNER's prior written consent.

(c)               You must:

(i)                 prevent any unauthorised operation, modification or use of the Site;

(ii)               do everything reasonably necessary to protect the Site from misuse; and

(iii)             comply with all security and access requirements specified by FAIRWEATHER TURNER in accessing and using the Site.

2.3              No guarantee of access

(a)               As access to the Site is dependent on connection to the internet and electronic services are subject to interruption, You acknowledge that FAIRWEATHER TURNER, to the extent permitted by law, does not and cannot guarantee, warrant or represent that access to the Site is, or will be, error free or uninterrupted. Access to the Site is offered on an "as is" and "as available" basis only, and the Site may (for example) be unavailable to You due to maintenance or computer or network malfunction. 

(b)               FAIRWEATHER TURNER may impose limits or restrictions on Your use of the Site.

2.4              Suspension and termination of access

(a)               FAIRWEATHER TURNER may, to the extent permitted by law and without any liability to You, block access to and/or suspend the operation of the Site either temporarily or permanently at any time and for any reason, without notice.

(b)               Without limiting any other rights FAIRWEATHER TURNER may have and without limiting any other provision in these Terms of Use, if FAIRWEATHER TURNER believes You are in breach of any of Your obligations under these Terms of Use, FAIRWEATHER TURNER may, in its absolute discretion, immediately suspend or cancel Your access to (including Your right to use) the Site without notice to You.

(c)               While FAIRWEATHER TURNER will use reasonable efforts to promptly restore access when it is reasonably satisfied that the cause of the suspension has been removed, FAIRWEATHER TURNER will not be liable or responsible to You in any way if there is any delay in restoring access to the Site when a suspension has been lifted.

3.                  Use of the Site

(a)               Subject to You complying with Your obligations under these Terms of Use, FAIRWEATHER TURNER grants to You a non-exclusive, non-transferable, revocable licence to access and use the Site strictly in accordance these Terms of Use and any other directions or guidelines provided by FAIRWEATHER TURNER from time to time (including any directions or guidelines available on the Site).

(b)               You agree to comply with all reasonable directions and instructions given by FAIRWEATHER TURNER from time to time in connection with access to and use of       the  Site. 

(c)               You must:

(i)                 ensure that Your access to, and use of, the Site is not illegal or prohibited by applicable laws; and 

(ii)               in accessing and using the Site, act in accordance with all applicable laws.

(d)              You must only input information and data into the Site which is accurate, complete and up-to-date.

(e)               You must not:

(i)                 use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;

(ii)               take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; or

(iii)             except to the extent You are expressly permitted to do so by non-excludable laws, decompile, decipher, disassemble, reverse engineer or otherwise decrypt or attempt to discover the source code or other arithmetical formula in respect of any software underlying any of the infrastructure or processes associated with the Site.

4.                  Content on the Site

4.1              No warranty regarding content

Whilst FAIRWEATHER TURNER has made reasonable efforts to ensure that content on the Site is free from errors, FAIRWEATHER TURNER does not:

(a)               guarantee the  accuracy, adequacy or completeness of the content; or

(b)               warrant that the content or operation of the Site is error or virus free.

4.2              FAIRWEATHER TURNER may alter content and infrastructure

FAIRWEATHER TURNER may alter or vary the format, functionality and content of the Site (including modifying any of the software, hardware or processes comprised in, or associated with, the Site) at any time and in any respect without notice to You.  You agree and acknowledge that such alterations or variations may require You to make changes to (among other things) the hardware, software or services which You use in accessing or using the Site (and You will be responsible for making such changes, at Your cost).

4.3              Copyright and Trade Marks

(a)               Copyright in the information, text, graphics and other content on the Site is owned or licensed by FAIRWEATHER TURNER.

(b)               Except to the extent You are expressly permitted to do so by this Terms of Use or by non-excludable laws or where it is necessary for viewing the content of the Site on a web browser, You must not copy, reproduce, adapt, enhance modify, store, distribute, transmit, publicly display or create derivative works from any part of any content from the Site without FAIRWEATHER TURNER's prior written permission.

(c)               The Site includes trade marks of FAIRWEATHER TURNER and third parties. You must not use any trade marks of FAIRWEATHER TURNER (including the FAIRWEATHER TURNER name and logo) without FAIRWEATHER TURNER's prior written authorisation.  

(d)              Except for the licence granted to You under clause 3 above, nothing in these Terms of Use transfers or grants any intellectual property rights in the Site or in any information, text, graphics and other content on the Site.

4.4              Links to other web sites    

(a)               The Site may contain links to non-FAIRWEATHER TURNER web sites (Linked Web Sites). Such links are provided for convenience only and may not remain current or be maintained.  Links to Linked Web Sites should not be construed as any endorsement, approval, recommendation or preference of the owners or operators of the Linked Web Sites, or for any information, products or services referred to on those other Linked Web Sites.

(b)               Unless stated otherwise on the Site, FAIRWEATHER TURNER:

(i)                 has no relationship with the owners of the Linked Web Sites;

(ii)               has no control over or rights in the Linked Web Sites;

(iii)             makes no representations about the Linked Web Sites; and

(iv)             to the extent permitted by law, FAIRWEATHER TURNER accepts no responsibility or liability for the content on, or operation of, those Linked Web Sites.

5.                  Limitation of Liability

(a)               Except for any rights You may have under the Trade Practices Act 1974 (Cth) or other legislation which cannot be excluded or limited, to the extent permitted by applicable law:

(i)                 except as expressly provided otherwise in these Terms of Use, all representations, warranties and other terms (whether express, implied, statutory or otherwise) arising out of or relating to the Site or these Terms of Use, are expressly excluded;

(ii)               FAIRWEATHER TURNER is not liable to You or anyone else for any loss or damage (however, caused, including through negligence, and whether direct or indirect) arising in connection with access to, or use of, the Site or a Linked Web Site. Without limiting this clause, FAIRWEATHER TURNER:

(A)             is not liable to the You or anyone else for loss or damage to records or data;

(B)               is not liable if interference with or damage to Your computer Sites occurs in connection with use of the Site or a Linked Web Site, even if advised of the possibility of the such interference or damage, in relation to the use of the Site or a Linked Web Site;

(C)              is not liable  for losses or damages of third parties claimed against You; and

(D)             is not liable for loss of profits, revenue, goodwill, savings or business opportunities (actual or anticipated) incurred by You.

(b)               To the extent permitted by law, FAIRWEATHER TURNER's liability for any claim arising directly or indirectly from a breach of any non-excludable term or condition implied by statute (except for a breach of section 69 of the Trade Practices Act 1974 (Cth)) is limited, at FAIRWEATHER TURNER's option, to one or more of the following:

(i)                 if the breach relates to the supply of goods: the replFAIRWEATHER TURNERment of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or

(ii)               if the breach relates to the supply of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

(c)               To the extent permitted by law, You agree that You:

(i)                 will not make any claim, or bring any action or proceeding (in negligence or otherwise) in connection with these Terms of Use or the Site against FAIRWEATHER TURNER; and

(ii)               waive any right which You may have, now or in the future, to make any such claim, or bring any such action or proceeding.

(d)              Without limiting any other provision in these Terms of Use, FAIRWEATHER TURNER will not be liable to You for or in respect of any failure or delay by FAIRWEATHER TURNER to provide access to the Site or to perform any of its obligations under these Terms of Use where such failure or delay is the direct or indirect result of an occurrence or omission that is beyond FAIRWEATHER TURNER's reasonable control (and FAIRWEATHER TURNER's obligations will be suspended during the period of such occurrence or omission). Occurrences or omissions beyond FAIRWEATHER TURNER's reasonable control are deemed to include (without limitation) any failure or delay of any of FAIRWEATHER TURNER's suppliers, service providers or sub-contractors. 

6.                  Indemnity

You indemnify FAIRWEATHER TURNER and keep FAIRWEATHER TURNER indemnified at all times against any loss or damage arising from or in connection with any breach of these Terms of Use by You or with any unauthorised use of the Site by You or anyone who has obtained access to the Site through You (or as a result of Your access to the Site).

Clauses 5 and 6 will survive cancellation by FAIRWEATHER TURNER of Your rights to access and use the Site.

7.                  Variation

FAIRWEATHER TURNER may at any time vary these Terms of Use by publishing the varied Terms of Use on the Site and You acknowledge that this is sufficient notice of the variation. FAIRWEATHER TURNER is under no obligation to specifically notify You of any variation.  By using the Site after any variation, You are taken to have accepted the new Terms of Use.

8.                  Receiving commercial electronic messages

(a)               You consent to FAIRWEATHER TURNER sending commercial electronic messages (including messages about FAIRWEATHER TURNER's products and services and the products and services of any third party) to electronic addresses which You have provided to FAIRWEATHER TURNER or for which You or any of your related bodies corporate are the relevant electronic account holder (both Your addresses). In these Terms of Use, "commercial electronic message" and "relevant electronic account holder" have the meanings given to those terms in the Spam Act 2003 (Cth) and "related body corporate" is as defined in the Corporations Act 2001 (Cth).

(b)               You agree and acknowledge that FAIRWEATHER TURNER is not required to include a functional unsubscribe facility (in the form described in section 18(1)(c) to (g) (inclusive) of the Spam Act 2003 (Cth)) in commercial electronic messages which are sent to Your addresses by or on behalf of FAIRWEATHER TURNER (including commercial electronic messages automatically generated by the Site).

9.                  Cookies       

"Cookies" are a standard for storing small pieces of data on a web client (ie the web browser on Your computer). Any web server forming part of the Site may:

(a)               store one or more cookies in Your browser; or

(b)               request Your browser to transmit the data to the Web server.

The Site may store cookies on Your web client in order to better serve You upon subsequent visits to the Site.   

By using cookies, web sites can track information about visitors' usage of the site, provide customised content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.  Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing You to either accept or reject it.  However, if You disable the receipt of cookies in Your web browser, the Site may not function as intended.

10.              Assignment

You must not assign or transfer any of Your rights under these Terms of Use to anyone else.  FAIRWEATHER TURNER may assign or transfer any or all of its rights (and may novate any or all of its obligations) under these Terms of Use to another entity without Your consent (but to the extent Your consent is required, You prospectively give such consent).

11.              Entire Agreement

These Terms of Use comprise the full and entire agreement covering Your use of the Site and cancel and supersede any prior contracts, arrangements, representations or understandings (except where You and FAIRWEATHER TURNER expressly agree, or have agreed, to the contrary in a particular contract).

12.              Invalid Terms

Any provision of these Terms of Use  which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms of Use enforceable, unless this would materially change the intended effect.

13.              Jurisdiction

(a)               These Terms of Use are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use of the Site.

(b)               The Site and the products and services discussed on it are provided for use by Australian residents only.