Websurance Pty Ltd ACN 120 223 270

Terms of Websurance Service

Last Updated: 20 January 2010

 

SUMMARY

Welcome to the Websurance Service, Australia's first Internet service allowing insurance brokers to post insurance Placement Slips for review by Registered Insurers and Wholesale Brokers.  Websurance provides brokers with the ability to have multiple Registered Insurers and Wholesale Brokers review their Placement Slips and the Websurance Service allows brokers to evaluate Registered Insurer and Wholesale Broker responses efficiently within the required timeframe set by the broker and may effectively reduce the possibility of 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/Submit" 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 the Websurance Broker has provided its acceptance of the offer made by the Websurance Insurer. 

“Insurer Confirmed” means a message sent by a Websurance Insurer to a Websurance Broker via the Websurance Service that a Broker’s acceptance of the Websurance Insurer’s offer has been accepted by the Websurance Insurer and that a policy will be issued according to the Terms of Placement. A Websurance Insurer may elect to confirm a Brokers Placement Slip via direct message to 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 Insurer to a Websurance Broker.

“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.

“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 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:

(a)             submitting an offer via the “Submit an Offer” option;

(b)             asking follow up questions via the “Post a Message” option, or

(c)             submitting a Response. 

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..

 

2.8  Websurance Evaluation of 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.

2.9  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, upon acceptance ("Broker Accepted") by a Websurance Broker, a policy will come into effect pursuant to the Terms of Placement.  Websurance Insurer may use the “Insurer 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 11.1.  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. and  Websurance Broker agrees that Placement Slips or other posting by a Websurance Broker may be deleted for any reason in the sole discretion of Websurance without any penalty or liability to Websurance, a Websurance Insurer 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).

3.11       All monetary values set out in any communication made on the Websurance Service are in Australian dollars unless otherwise expressly stated.

3.12       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, a 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. A Websurance Insurer may only submit an offer to insure by using the “Submit an Offer” option. This ensures the Websurance Broker is aware an offer has been made by then providing them with an “Accept Terms” or “Decline Terms” option. A Websurance Insurer must not submit an offer using the “Post a Message” option.

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, if a Websurance Broker issues a response which is a Broker Accepted, Websurance Insurer agrees to issue a policy based on the offer made by the Websurance Insurer and set by the Terms of Placement. 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.

5.7  Websurance may terminate any Websurance Broker or Websurance Insurer for non compliance with these terms of Service. and Websurance Insurer agrees that any posting by a Websurance Insurer may be deleted for any reason in the sole discretion of Websurance without any penalty or liability to Websurance, a Websurance Broker 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 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  

11.1       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.

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.