Terms and Conditions

Access to and use of the Domain Insure Website (“Website”) and the products and services available through the Website are subject to the following terms of use. ‘Our’, ‘Us’ and ‘We’ refers to Domain Insure Pty Ltd, ABN 19 619 826 096. The words ‘you’ and ‘your’ refer to users of this public Website.

By using the Website, you agree that your use of the Website is governed by:

(together, the “Conditions”).

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Website.

These terms and conditions of use were last updated in December 2017.

Your conduct

You must not:

  1. use the Website in breach of any applicable laws or regulations;
  2. use the Website (or Material obtained from the Website):
    • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
    • to impersonate any person or entity;
    • to solicit money, passwords or personal information from any person;
    • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
    • for any unlawful purpose;
  3. interfere with, disrupt, or create an undue burden on the Website;
  4. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. frame or mirror any part of the Website without our prior written authorisation;
  7. use code or other devices containing any reference to the Website to direct other persons to any other web page;
  8. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or
  9. delete any attributions or legal or proprietary notices on the Website.

Notifying us

If you think that the Website has been accessed or used by another user in breach of the Conditions, please email us at support@domain.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@domain.com.au.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Website.

The Website contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Website for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.

Third party websites, advertising and activities

In order to be able to obtain insurance quotes on the Website, we work with insurance partner(s). Please note that as part of obtaining an insurance quote, you will visit our insurance partner(s) site and this is a separate third party site and is governed by separate terms and conditions displayed on the site. Any insurance quote or policy provided will be provided by the relevant insurance provider underwriting the relevant Domain Insure insurance product.

By accessing and using the Website you acknowledge and agree that you interact with our insurance partner and that you access their site at your own risk.

You acknowledge and agree that Domain Insure will not take any responsibility, and will have no liability, for the actions or omissions of its insurance partner(s).

Any personal information provided to an insurance partner will be maintained by the insurance partner in accordance with its privacy policy. You acknowledge that this is outside the control of Domain Insure and that you provide such information to the insurance partner at your own risk.

Use of this site is limited to obtaining insurance quotes, obtaining other information relating to the price of insurance cover and conducting insurance related transactions or queries, in respect of insurance cover for you or a member of your immediate family, with their prior consent. You agree not to otherwise use this Website 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 obligation.

You must not link to the Website from any other website (or otherwise authorise any other person to link from a third party website to the Website) without our prior written consent.

The Website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Domain Insure Privacy Policy availableat domaininsure.com.au/policies/domain-insure-privacy-policy F orexample,the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at privacy@domain.com.au.

Disclaimer

You use the Website at your sole risk.

Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.

Limitation of liability

You use the Website at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Website that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

  1. in the case of services supplied or offered by us:
    • the re-supply of those services; or
    • the payment of the cost of having those services re-supplied; and
  2. in the case of goods supplied or offered by us:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of having the goods replaced; or
    • the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Website.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Conditions.

GST

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Website are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax Invoice means tax invoice as defined by the Act.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

“Conditions” means these terms and conditions, the Domain Insure Privacy Policy, the Domain Insure Tracking & Targeting Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on Website.

“Material” means text, illustrations, photos, audio, video, any combination of these or other material.

“Us”, “we” or “our” means Domain Insure Pty Ltd, ABN 19 619 826 096 and/or its related bodies corporate.