Websurance Pty Ltd ACN 120 223 270
Terms of
Websurance Service
Last Updated: 20 January 2010
SUMMARY
Welcome to the Websurance Service, Websurance
IInsurers and Wholesale Brokers. Websurance offers provides
brokers with anthe
ability to have multiple Registered iInsurers and
Wholesale Brokers review their Placement Slips and the Websurance
Service allows brokers to evaluate Registered
Websurance
IInsurer and Wholesale Broker
responses efficiently within the required timeframe set by the broker and may effectively reduce the possibility of insurer
oversight.
The Websurance Service provides
a forum for Websurance Brokers to post Placement Slips and for Registered
Insurers and Wholesale Brokers to review Placement Slips
only. Websurance
does not guarantee any specific results
from your use of the service
and any Agreements to Insure are outside the scope of this service.
To use the Websurance Service you must agree to the
Websurance Terms of Service. Please read
these Terms of Service carefully, if you agree to be bound by these Terms of
Service, you will be able to use the Websurance Service after confirming your
agreement by clicking on the "Accept Terms" button. Please print and save a copy of these Terms
of Service for your records. If you do
not understand any portion of the Terms of Service or have questions, please
contact Websurance at info@websurance.com.au.
Terms of
Service
Websurance Service uses a number of Terms which are defined as set out
below:
"Activate" means the Placement Slip has been entered into the Websurance Insurer's
Current Placements however a response document has not been submitted yet but
presumed in preparation
"Agreement to Insure"
means an Agreement between a Websurance Insurer and a Websurance Broker to
insure as a result of the issue of a Placements Slip and a Response. Such an
Agreement is outside the scope of the Websurance Service.
"Broker
Accepted" means that an Agreement to
Insure has been created pursuant to the terms of the Placement Slip and the
Response and the Websurance Broker has accepted those termsthat
the Websurance Broker has provided its
acceptance of the offer made by the
Websurance Insurer.
“Insurer Confirmed” means a message sent by a Registered Websurance
Insurer to a Registered Websurance Broker
via the Websurance Service that a Broker’s acceptance of the Websurance
Insurer’s Terms of Placementoffer
has been accepted by the Registered Websurance
Insurer and that a policy will be issued according to the
Terms of Placement. A Registered Websurance
Insurer may elect to confirm a Brokers Placement
Slip via direct message to Registered the Websurance Broker
outside of the Websurance Service.
"Insurer
Declined" or “Decline”
means that a Websurance Insurer has rejected:
(a) the terms of a Placement Slip issued by a Websurance Broker, or
(b) the issue of a
Broker Accepted in accordance with clause 5.4.1; and
no Agreement to Insure is created.
"Placement Slip" means a
Websurance Broker issued a request for insurance completed with all terms
necessary for a Websurance Insurer to understand accurately and completely a
Websurance Broker's insurance requirements and all material facts about the
request for insurance. A Placement Slip
may include multiple electronic documents.
“Registered Insurance
Broker” means a Broker with an AFS
Licence, or an authorised representative of an AFS Licence Holder, and who is
registered and licensed with Australian Securities and Investments Commission
(ASIC).
"Registered Insurance
Company" or “Registered Insurer” means
an insurance company or underwriting agency that is registered with the Insurance
Council of Australia [www.insurancecouncil.com.au] or is registered to do business
in relevant jurisdiction and has executed an Agreement to participate in the
Websurance Service.
"Response" means a
Broker Accepted or a Insurer Declined sent or other communication sent from a
Websurance Registered Insurer to a Websurance
Broker within the acceptance criteria set out in the
terms of the Placement Slip or as provided by the Websurance Insurer.
“Terms
of Placement” means acceptance criteria and any other terms
specified in a Placement Slip and
Response.
"User"
means a Websurance Broker or a Websurance Insurer who is in good standing
pursuant to their Agreement permitting use of the Websurance Service.
"Visitor"
means a person who may view certain information on the Websurance Service but
may not post information on the Websurance Service or interact with Websurance
Brokers or Websurance Insurers using the Websurance Service.
"Websurance" means Websurance Pty Ltd ACN 120 223 270.
"Websurance
Account" means Websurance
Service user's records compiled from the use of the Websurance Service.
"Websurance
Broker" means a Registered
Insurance Broker who has registered with the Websurance Service, has obtained a
Websurance password and who has agreed to comply with the Websurance Terms and
Conditions, but does not include a Wholesale Broker..
"Websurance
Broker Registration Form" means the complete document submitted by a
Visitor to Websurance for review.
"Websurance
Insurer" means:
(a) a
Registered Insurance Company that has executed, and who is in compliance with,
the Websurance Service Agreement and has obtained a Websurance password;
and
(b) unless expressly specified otherwise, a
Wholesale Broker.
. Each Websurance
Insurer must select the Policy Class for each Websurance registration
“Websurance
Licence Fee” means the fees paid
by Websurance Insurers to participate in
the Websurance Service.
"Websurance
Privacy Policy" means the current privacy policy located at http://www.websurance.com.au/privacypolicy.aspx
"Websurance
Service" means the service located at www.websurance.com.au.
"Websurance
Transaction Fee" means the fees due to
Websurance for the use of the Websurance Service as
set out in clause A Websurance Insurer agrees to pay
the then current Websurance Transaction Fee 4. Unless otherwise expressly agreed
in writing by Websurance, the Websurance Insurer will remit the Websurance
Transaction Fee to Websurance. All
Websurance Transaction Fees are non-cancellable, and are non-refundable.
“Wholesale
Broker” means a broker who specialises in a certain field of insurance or
may have an arrangement with a Registered Insurer to the extent that the
Registered Insurer will only issue offers to insure for a particular policy
class via the Wholesale Broker. Some policy classes can
only be insured through a Wholesale Broker.
By using the Websurance Service, you are bound by
the Websurance Terms of Service, and all applicable laws and regulations,
whether you are a Websurance Broker or Websurance Insurer or a Visitor.
Except where expressly provided otherwise,
reference in these Terms of Service to a Websurance Insurer is a reference to a
Wholesale Broker, and the obligations and rights in those
terms attach to both Registered Insurance Companies and
Wholesale Brokers. Where reference is
made to a Wholesale Broker only (for example clause 3.10), then that reference
is limited to Wholesale Brokers to the exclusion of Registered Insurance
Companies.
1
SCOPE OF WEBSURANCE TRANSACTIONS
1.1
The Websurance Service
assists Websurance Brokers and Websurance Insurers to post Placement Slips,
find Placement Slips, evaluate Placement Slips and potentially enter into an
Agreement to Insure.
1.2
Websurance
Brokers may create Placement Slips and post Placement Slips on the Websurance
Service.
1.3
The Websurance Service
allows Websurance Insurers to evaluate Placement Slips from various Websurance
Brokers and determine which Placement Slips may be appropriate to pursue for
further information.
1.4
Websurance Insurers may
communicate with Websurance Brokers regarding any Placement Slip by submitting
follow up questions, or a modified Response for Broker Accepted or Insurer
Declined.
1.5
Websurance Insurers are not
required to Activate or issue any response to any Placement Slip and may choose
only to review Placement Slips without taking any further action.
1.6
Websurance Brokers agree
that not all Placement Slips will be reviewed, accepted or rejected by
Websurance Insurers and agrees that Websurance does not guarantee that any or
all Placement Slips posted by a Websurance Broker will lead to an Agreement to
Insure.
2
REGISTRATION
2.1
Application: Visitors wishing to become
Websurance Brokers or Websurance Insurers will have to apply to Websurance to
participate in the Websurance Service.
2.2
Broker Application Process: Websurance
Brokers may apply by completing the Websurance Broker Registration
Form located at http://www.websurance.com.au/register.aspx
2.3
Broker Application Information: The
Websurance Broker Registration Form will include all information reasonably
required from time to time by Websurance, and may include but not limited to,
confirmation of Websurance Broker's identity, AFS
Licence number confirmation of AFS Licensee or Authorised Representative, and
other relevant background information reasonably required to assess Broker
qualifications.
2.4
Requirement of Continuous Updating of Broker's Information: All Websurance Brokers agree
to immediately inform Websurance of any changes to any information submitted in
the Websurance Broker Registration Form that may occur during the period
Websurance Broker is registered with the Websurance Service.
2.5
Insurer Application Process: Websurance Insurers
may apply to Websurance to become a User by following http://www.websurance.com.au/register.aspx
2.6
Registered Insurer
Application Information: Registered Insurers wishing to become Users of
the Websurance Service must enter into a separate agreement with
Websurance. Such an agreement may
include but is not limited to confirmation of Websurance Insurers’ identity,
details of Insurance Council of Australia (ICA)
membership (and/or other relevant jurisdiction) and various other details to ensure
payment of Websurance License and Transaction Fees. Websurance Insurers must select the Policy Class for each
Websurance registration.
2.7
Wholesale Broker
Application Information: The Websurance Wholesale Broker
Registration Form will include all information reasonably required from time to
time by Websurance, and may include but not limited to, confirmation of
Websurance Broker's identity, AFS
Licence number confirmation of AFS Licensee or Authorised Representative, and
other relevant background information reasonably required to assess Wholesale Broker
qualifications. This may also include confirmation that the Wholesale Broker has the
facility to broker certain insurance business of the type referred to under the
Websurance Policy Class.
1.1
2.6
2.72.8
Websurance Evaluation of Broker
and Insurer Applications: Websurance may reject any
application from a Visitor in its sole discretion. Notwithstanding the foregoing,
Websurance shall at all times comply with all applicable laws and regulations
in its evaluation of all applications.
2.82.9
Acceptance of Application: Upon acceptance of an application by Websurance,
the Visitor will become a User and will be able to use the Websurance Service.
3
Terms applicable to WEBSURANCE BROKERS
3.1
A Websurance
Broker must ensure that if any information supplied in the Websurance Broker
Registration Form changes during the term of membership with the Websurance
Service, or is incorrect or becomes incorrect or incomplete, it is the
obligation of the Websurance Broker to immediately update the information and
ensure it is current.
3.2
A Websurance
Broker does not need to respond to questions from Websurance Insurers, but
where a Websurance Broker sees fit, they must respond accurately and
professionally to Websurance Insurers.
3.3
A Websurance
Broker must ensure that information posted in any Placement Slip is accurate. A Websurance Broker shall not post incomplete,
misleading, repetitive Placement Slips or any Placement Slip which is not
intended to result in an Agreement to Insure.
3.4
A Websurance
Broker must delete or otherwise withdraw all
Placement Slips that the Websurance Broker has posted that have expired or are
no longer active or which do not contain accurate and complete information as
soon as practicably possible.
3.5
Except for
when clause 5.4.1 applies, Uupon
acceptance, “("Broker
Accepted") by a Websurance Broker, a
policy will come into effect pursuant to the terms of the Placement
Slip and the “Response” between the
Websurance Broker and the Websurance InsurerTerms of
Placement. Websurance
Insurer may use the “Insurerance Confirmed“
feature of the Websurance Service to confirm issuance of policy or other
communication to the Websurance Broker in sole discretion of Websurance
Insurer.
3.6
If a policy comes into
effect pursuant to section 3.5, Websurance Broker must promptly complete all
further requirements related to that policy that may be imposed by the
Websurance Insurer.
3.7
A
Websurance Broker understands that the Websurance Service is monitored by
Websurance as set out in clause Websurance may monitor performance of the site and
can review any transaction and may delete any information posted on the
Websurance Service which Websurance in its sole discretion determines to be
inaccurate, or detrimental to the Websurance business.
1.1Websurance may terminate any Websurance Broker or
Websurance Insurer for non compliance with these terms of Service.Websurance
may monitor performance of the site and can review any transaction and may
delete any information posted on the Websurance Service which Websurance in its
sole discretion determines to be inaccurate, or detrimental to the Websurance
business.
3.71.1Websurance
may terminate any Websurance Broker or Websurance Insurer for non compliance
with these terms of Service.Websurance may monitor
performance of the site and can review any transaction and may delete any
information posted on the Websurance Service which Websurance in its sole
discretion determines to be inaccurate, or detrimental to the Websurance
business.
3.8
Websurance may
terminate any Websurance Broker or Websurance Insurer for non compliance with
these terms of Service. Broker or other third party.
3.9
Websurance Brokers agree that any Agreement to Insure is outside the
scope of this Websurance Service. However the Websurance Broker and Websurance
Insurer may at any time after an Agreement to Insure has been formed revise the
terms of the Agreement to Insure.
3.10
Websurance Brokers acknowledge and agree that a
Wholesale Broker is not a Registered Insurer, but acts as an intermediary for
certain policy classes and Registered Insurers. Some policy classes can only be
insured with Registered Insurers by going through a Wholesale Broker. A Wholesale
Broker may Decline the issue of a Broker Accepted under clause 5.4.1 if the
Websurance Broker has not complied with the Terms of Placement (for example, by
signing a Wholesale Broker’s agreement).
3.103.11
All monetary values set
out in any communication made on the
Websurance Service are in Australian dollars unless otherwise expressly stated.
3.113.12
All times set out in any communication
made on the Websurance Service are in local standard time unless other
expressly stated.
4
Websurance TRANSACTION Fee
4.1
Subject
to clause 4.5, Aa
Websurance Insurer agrees to pay the then current
Websurance Transaction Fee which becomes payable when a Broker Accepted is sent by a Websurance
Broker.
4.2
The current
Websurance Transaction Fee for Websurance Insurers (excluding Wholesale Brokers)
is AUD$44 dollars (inclusive of GST). For Wholesale Brokers
it is to be determined at the time of registration
4.3
Websurance
reserves all rights to change the Websurance Transaction Fee at any time.
4.4
Prior to the
imposition of any revised Service Fee, Websurance will enable a Websurance
Insurer to opt out of the Websurance Service.
4.5
The Websurance Transaction Fee does not apply in
the circumstances set out in clause 5.4.1.
5
Terms applicable to Websurance Insurers
5.1
A Websurance
Insurer must ensure that if any information supplied to Websurance during the
term of membership with the Websurance Service, changes or is incorrect or
becomes incorrect or incomplete, it is the role of the Websurance Insurer to
update the information, and ensure it is current.
5.2
A Websurance
Insurer may contact Websurance Brokers in relation to any Placement Slip.
5.3
A Websurance
Insurer is under no obligation to respond to any or all Placement Slips on the Websurance Service.
5.4
Subject
to clause 5.4.1, Iif a
Websurance Broker issues a response which is a Broker Accepted, Websurance
Insurer agrees that a policy has been issuedto
issue a policy based on the offer made by the
Websurance Insurer and set by the Tterms
of the Placement
Slip and the Response. Websurance
Insurers agree to complete all documentation required by the Websurance Broker
to finalise the transaction.
5.4.1
Websurance Insurer may
Decline a Broker Accepted
response if it falls outside the terms and conditions of the Websurance Insurer
Response.
5.5
A Websurance
Insurer must promptly complete all Websurance Broker's requirements to
implement any agreements to insure which result from the Websurance Insurer’s
use of the Websurance Service.
5.6
A
Websurance Insurer understands that the Websurance Service is monitored by
Websurance as set out in clause Websurance may monitor performance of the site and
can review any transaction and may delete any information posted on the
Websurance Service which Websurance in its sole discretion determines to be
inaccurate, or detrimental to the Websurance business.
5.6Websurance may terminate any Websurance Broker or
Websurance Insurer for non compliance with these terms of Service.Websurance
may monitor performance of the site and can review any transaction and may
delete any information posted on the Websurance Service which Websurance in its
sole discretion determines to be inaccurate, or detrimental to the Websurance
business.
5.6Websurance
may terminate any Websurance Broker or Websurance Insurer for non compliance
with these terms of Service.Websurance may monitor
performance of the site and can review any transaction and may delete any
information posted on the Websurance Service which Websurance in its sole
discretion determines to be inaccurate, or detrimental to the Websurance
business.
5.7
Websurance may
terminate any Websurance Broker or Websurance Insurer for non compliance with
these terms of Service.InsurerBroker
or other third party.
5.8
Websurance Insurers agree that any Agreement to Insure is outside the
scope of this Websurance Service. However the Websurance Insurer and Websurance
Broker may at any time after an Agreement to Insure has been formed revise the
terms of the Agreement to Insure.
6
TERM
6.1
Websurance
Brokers and Websurance Insurers shall be allowed to use the Websurance Service
provided that they are not in default of any of the Websurance Terms of
Service.
6.2
Websurance Brokers and Websurance Insurers may cease to be a member of
the Websurance Service at any time by sending an email to Websurance at info@websurance.com.au
7
ACCURACY OF INFORMATION
7.1
Websurance
bears no responsibility for any accuracy or completeness of any information
posted on the Websurance Service by Websurance Brokers or Websurance
Insurers.
8
Mistakes in Broker Accepted or Response
communication
8.1
If a Websurance
Broker accepts a Response in error, it is the Websurance Broker's
responsibility to contact the Websurance Insurer and correct the mistake. Websurance will co-operate and provide
contact details.
8.2
If a Websurance Insurer issues a Response in error, it is the Websurance
Insurers' responsibility to contact the Websurance Insurer Broker
to correct the mistake. Websurance will co-operate and provide
contact details.
8.3
Websurance
accepts no liability whatsoever resulting from an unintended or incorrect
issuance of a Placement Slip, or acceptance of a Response.
9
Websurance Privacy Policy
9.1
The Websurance
Privacy Policy is located at http://www.websurance.com.au/privacypolicy.aspx and incorporated into these Terms of Service and
shall apply to all communications made pursuant to the Websurance Service.
9.2
Websurance's
privacy policy allows, amongst other things, Websurance to use any and all
information collected pursuant to the Websurance Service for its business
purposes including but not limited to the creation of Websurance reports
including but not limited to a report that details the whole transaction from
beginning to end that will be issued to the broker and the insurer once the
business is accepted. Websurance may
also collect statistics such as the number of particular transactions for a
particular policy class and then relative to the insurer, the number of
transactions Activated and Confirmed,
9.3
All Websurance
Brokers and Websurance Insurers agree to comply with the Websurance Privacy
Policy.
10
PASSWORD
10.1
After
successful application to become a Websurance Broker or Websurance Insurer,
Websurance Brokers and Websurance Insurers will be issued with a password.
Websurance Brokers and Websurance Insurers are entirely responsible for maintaining
the confidentiality of the password. Websurance Brokers and Websurance Insurers
agree not to intentionally misuse the Websurance Account or the password of any
other user of the Websurance Service at any time or to disclose the password to
any third party.
10.2
Websurance
Brokers and Websurance Insurers agree to notify Websurance immediately if it is
suspected that there has been any unauthorised use of a Websurance Account or
access to a Websurance password. Websurance Brokers and Websurance Insurers are
solely responsible for any and all use of passwords and Websurance Accounts.
11
Regulation and Monitoring the Websurance
Site
11.2
Websurance may
terminate any Websurance Broker or Websurance Insurer for non compliance with
these terms of Service.
12
PROHIBITED ACTIVITY ON WEBSURANCE SITE
12.1
The following
is a partial list of the kind of activity that is prohibited on the Websurance
Website. Websurance reserves the right
to investigate and take appropriate legal action against anyone who, in
Websurance's sole discretion, violates this provision, including without
limitation, reporting Users to law enforcement authorities. Prohibited activity
includes, but is not limited to, any activity in the sole discretion of
Websurance that is:
12.1.1 in breach of any law or regulation or may be considered to be criminal or tortious activity;
12.1.2 an unauthorised commercial activity, or use of the Websurance Services, including but not limited to transmitting any commercial messages, chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the Websurance Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
12.1.3 consists of spamming or spam like behaviour.
12.1.4 interfering with, disrupting, or creating an undue burden on the Websurance Services or the networks or services connected to the Websurance Services;
12.1.5 selling or otherwise transferring Websurance membership; or
12.1.6 using any information obtained from the Websurance Services in order to harass, abuse, or harm another person.
12.2
If a Websurance
Broker or Websurance Insurer becomes aware of misuse of the Websurance Services
by any person, Websurance requests Users to contact Websurance at info@websurance.com.au.
13
Proprietary Rights in Content on
Websurance.com and Websurance Services
13.1
Websurance or
Websurance's licensors own all rights, title and interest in any content posted
by Websurance on the Websurance site including
but not limited to its copyright material and its trademarks.
13.2
Except as
otherwise expressly authorised by a User, Websurance does not claim any
ownership rights in the text, information, files, images, works of authorship,
or any other materials that Users create, upload, display or publish using, or
to, the Websurance Services.
14
User Disputes
14.1
Websurance
Brokers and Websurance Insurers are solely responsible for their interactions
with other Users of the Websurance Service.
Websurance reserves the right, but has no obligation, to monitor
disputes between Websurance Brokers and Websurance Insurers and other Users of
the Websurance Service.
15
Disputes
15.1
If Websurance
Brokers and Websurance Insurers have any dispute about or involving the
Websurance Services which relates to Websurance itself, Websurance Brokers and
Websurance Insurers agree that the dispute shall be governed by the laws of the
State of New South Wales, Australia, without regard to conflict of law
provisions and Websurance Brokers and Websurance Insurers agree to exclusive
personal jurisdiction and venue in the state and federal courts of Australia
located in Sydney, New South Wales.
15.2
Either
Websurance or Websurance Brokers and Websurance Insurers may demand that any
dispute between Websurance and Websurance Brokers and Websurance Insurers about
or involving the Websurance Services must be settled by independent arbitration
utilising the dispute resolution procedures as determined from time to time by
Websurance at its sole discretion, provided that the foregoing shall not
prevent Websurance from seeking injunctive relief in a court of competent
jurisdiction.
16
Disclaimers
16.1
Websurance
takes no responsibility for the ACCURACY of any information supplied by any
third party, including but not limited to Websurance Brokers, Websurance
Insurers, third party advertisements which may be posted on the Websurance
SERVICE, nor does it take any responsibility for the goods or services provided
by any third party including but not limited to Websurance Brokers and
Websurance Insurers.
16.1.1 Websurance is not responsible for the conduct, whether online or offline, of any user of the Websurance Services.
16.1.2 Websurance is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, information posted on the Websurance Service.
16.1.3 Websurance is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the Websurance Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Websurance Services.
16.1.4 Under no circumstances shall Websurance be responsible for any loss or damage, including economic loss due to failure of any Agreement to Insure to issue, personal injury or death, resulting from use of the Websurance Services, attendance or participation in a Websurance event or promotion, from any Websurance Content posted on or through the Websurance Services, or from the conduct of any Users of the Websurance Services, whether online or offline.
16.1.5 The Websurance Services are provided "as is" and as available and Websurance expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
16.1.6 The Websurance Service provides a forum only for Websurance Brokers to post Placement Slips and for Websurance Insurers to review Placement Slips. Websurance does not warrant any other result from the use of the Websurance Service.
17
Limitation on Liability
17.1
IN NO EVENT SHALL WEBSURANCE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF Websurance HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, WEBSURANCE’S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEBSURANCE FOR THE WEBSURANCE
SERVICES DURING THE TERM OF YOUR USE OF THE WEBSURANCE WEBSITE.
18
Indemnity
18.1
Websurance
Brokers and Websurance Insurers agree to indemnify and hold Websurance, its
subsidiaries, and affiliates, and their respective directors, officers, agents,
sponsors, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable legal fees, made by any third party due to or
arising out of your use of the Websurance Services in violation of these Terms
of Service or arising from a breach of these Terms of Service or any breach of
Websurance Brokers and Websurance Insurers representations and warranties set
forth above or if any content that Websurance Brokers and Websurance Insurers
post on the Websurance Service or through the Websurance Services which causes
Websurance to be liable to another.
19
Other
19.1
This Agreement
is accepted upon Websurance Brokers and Websurance Insurers use of the
Websurance Service and is further affirmed by Websurance Brokers and Websurance
Insurers becoming a User. The failure of Websurance to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. Websurance, websurance.asia,
websurance.com.au, websurance.org, websurance.mobi, websurance.co.nz,
websurance.net.au, websurance.biz, websurance.info, websurance.us,
websurance.co.in are
proprietary to Websurance. This Agreement
operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
20
Modifications to these Terms of Service
20.1
Websurance may
modify these Terms of Service from time to time and such modification shall be
effective upon posting by Websurance on the Websurance Service. Websurance
Brokers and Websurance Insurers agree to be bound to any changes to this
Agreement when Websurance Brokers and Websurance Insurers use the Websurance
Services after any such modification is posted.
20.2
Portions of the
Websurance site may be operated by Websurance but subject to additional terms
of service or may be operated by third parties who offer their own terms of service. In either case Websurance Brokers and
Websurance Insurers may be required to agree to further terms of service to
proceed with those sections of the Websurance site.
20.3
Websurance may
be contacted at: info@websurance.com.au with any
questions regarding this Agreement.