AUSTRALIA

Terms of Use  

By accessing and using this website and/or online quotation tool (including any linked pages) (Online Resources) you agree to be bound by the following terms of use (Terms). If you do not agree to these Terms, do not use these Online Resources.   

This Website is owned and operated by Liberty Specialty Markets a trading name of Liberty Mutual Insurance Company, Australia Branch (ABN 61 086 083 605) Incorporated in Massachusetts, USA. Liberty is part of the Liberty Mutual Group.   

In Australia, Liberty is an insurer authorised by the Australian Prudential Regulation Authority to carry on general insurance business.    

The expressions "you", "your" and "yours" when used herein include any company or business with which you are associated and on behalf of which you use this Site.    

Liberty reserves the right to change these Terms at any time. Amendments will take effect when posted on this Website.    

Authority  

When you use this Website you warrant that you are a General Insurance Broker with an Australian Financial Services Licence and you have current and valid authority to act as agent for the individual or company for which you are seeking a quote and/or a contract of insurance from this Website.  

You also warrant that the individual or company for which you are seeking a quote and/or a contract of insurance is located within Australia.  

Insurance  

All insurance is subject to the full terms, conditions, limitations and exclusions contained in the policy provided when the insurance is issued.    

Responsibility For Usernames And Use Of This Website  

You are responsible for your access to and use of this Website through your allocated username and password, provided to you in connection with your employment at the time of allocation. If you are no longer employed by the entity who employed you are the time of allocation, you must not use this website until your access credentials are altered upon notification to Liberty.  

You are responsible for any unauthorised access to this Website resulting out of any delay in requesting Liberty to update or change your allocated username and password.  

You must comply with all laws and regulatory requirements that relate to the use of, or any services offered on, this Website, including any laws relating to the transfer of personal data. By using this Website you acknowledge that you have obtained the appropriate consent from any individual or business before supplying that information to Liberty through this Website. You acknowledge that Liberty may collect the personal information and business information you provide Liberty through this Website and Liberty may disclose the individual’s personal information or business information to its employees and related entities and service providers.  

Security  

It is your responsibility to protect client information when you use this Website by:  

   1. Ensuring your computer has up-to-date anti-virus software and internet security protection programs in place;  

   2. Never disclosing your website access credentials to anyone including other employees of, or contractor engaged by, organisation or any Liberty representative;  

       and  

   3. Reporting any anomalies arising or in connection with your use of this website to your Liberty Relationship Manager as soon as possible.  

When you use this Website or access information, a Secure Socket Layer (SSL) is used. SSL encrypts the information you send through this Website. If you would like further information from Liberty about this, please contact your Liberty Relationship Manager.  

Liberty accepts no liability in respect of unauthorised access to the information you provide when you use this website.  

Warranty Disclaimer  

To the extent permitted under applicable law, this Website is provided "as is" and "as available" and without warranties of any kind. To the fullest extent permissible under applicable law, Liberty specifically disclaims all warranties, directly or indirectly, express or implied, arising from or in connection with services provided on, or accessible from this Website. Without limitation, Liberty expressly disclaims the warranties of merchantability, fitness for a particular purpose, and non-infringement. If, under applicable law, Liberty is not permitted to exclude such provisions but is entitled to limit its liability, then Liberty limits its liability to the maximum extent permitted under applicable law.  

Liberty makes no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this Website or the content or services provided on, or accessible from, this Website. Liberty does not warrant that the operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components.  

Liberty assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use or browsing of this Website or your downloading of any materials, data, text, images, video, or audio from this Website or which may be sustained in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.  

Limitation Of Liability  

To the fullest extent permitted under applicable law, in no event will Liberty or its related companies and associated entities be liable for any direct, indirect, special, incidental, exemplary, punitive or consequential damages arising out of or in connection with the use or inability to use this Website (or the content or services provided on, or accessible from, this Website), or otherwise, even if Liberty has been advised on the possibility of such damages. Neither Liberty, nor its related companies, will be liable for the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, or suitability of the content or services provided on, or accessible from, this Website.    

You will indemnify Liberty and keep it fully indemnified against all liabilities, losses, actions, claims, proceedings, costs and damages (including any damages or compensation paid by Liberty on the advice of its legal advisers to compromise or settle any claim) and all legal costs or other expenses arising from your breach of these Terms or out of or in the course of any claim by a third party based on any facts which if substantiated would constitute such a breach of these terms.  

External Sites  

Within this Website, you may see links or references to other Websites (External Sites). When you click on one of those links, you may be transferred to another website that is not under Liberty's control. Liberty is not required to maintain or update the links. Liberty does not endorse, and is not responsible for, the content (including software downloads), performance, accessibility, and privacy practices of any External Sites linked to this Website. The External Sites are for reference only. Liberty encourages you to read the copyright, privacy and other legal statements including terms of use of these External Sites as their policies may differ from ours. You are solely responsible for any interaction you may have with such External Sites.    

Liberty makes no warranties and accepts no liability in relation to material contained on External Sites.    

Links to this Website should not be made without the permission of Liberty. Please direct your linking request to: asiapacific@libertyglobalgroup.com.  

What Information Does Liberty Collect When You Interact With Liberty Online?  

Browsing This Website  

For statistical and maintenance purposes, Liberty tracks users of, and visitors to, its various onlineelectronic resources (including websites and quotation tools) (Online Resources). Liberty does this so we can continually evaluate the performance of such Online Resources. Liberty also tracks user transactions, for example, where a user makes a submission, requests a quote or seeks to bind a policy. The information collected includes:  

   1. the number of users visiting the Website and the number of pages viewed;    

   2. the date and time the user visits the Website;  

   3. the path taken through this Website; and  

   4. all details related to your browser type.  

Enquiries, Notes and Requests  

Liberty collects any information submitted through its Online Resources when making an enquiry, submitting notes or any request. Liberty may ask for personal information relating to its products or services or for contact purposes. Any information provided to Liberty through these forms is used for the purposes outlined.    

Privacy  

When you transact with Liberty through this Website, our commitment to the protection and privacy of your personal information is a priority. This means handling your personal information in a responsible manner in accordance with the Privacy Act.If you are providing personal information to Liberty on behalf of another individual, Liberty relies on you to provide Liberty’s Privacy Notice to them. If you have not done this, you must tell us before you provide the relevant data.  

Liberty’s Privacy Policy can further explains how Liberty may collect, use and disclose any information that you may provide via this Website. If you have any enquiries, concerns or complaints about your privacy rights, the information practices of this Website, potential breaches, access to and correction of your personal information Liberty holds, or other privacy matters related to this Website, please direct them to Liberty’s Privacy Officer, at privacy.officer.ap@libertyglobalgroup.com.  

Governing Law and Forum  

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any controversy or dispute will be submitted, and by using this website you are deemed irrevocably to consent, to the personal jurisdiction of the courts of New South Wales, Australia.  

No failure or delay by Liberty in exercising any right or remedy provided by law under or pursuant to these Terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.  

Liberty’s rights and remedies under or pursuant to these Terms are cumulative, may be exercised as often as Liberty considers appropriate and are in addition to Liberty's rights and remedies under general law.    

Copyright and Trademark Information  

All textual, graphical, and other content (Content) appearing on this Website is the property of Liberty, its related companies, or their respective licensors. All copyrights and other intellectual property rights in the Content of this Website are reserved to Liberty and its licensors. The Website and its Content are provided for lawful purposes only.  

   

You may use the Website's Content only as Liberty expressly permits. None of the Content on this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that: (1) you are permitted to print one copy only of each page of this Website solely to facilitate your making contact with members of the Liberty Mutual Group and (2) authorised insurance brokers may use the Website's Content for their internal business purposes. Any copying or other unauthorised use of the website's Content other than as expressly permitted by Liberty is a violation of these Terms of Use and will infringe the rights of Liberty and its licensors under international treaty and Australian law.  

All of Liberty Mutual Group’s Devices, including the trademarks set out below, are all registered trademarks of Liberty Mutual Insurance Company. All brand, product, service, and process names appearing on this Website are trademarks of Liberty, its related companies, or as otherwise expressly specified. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Liberty. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right under any patent, copyright, trademark, or other intellectual property right of Liberty or any third party, except as expressly granted herein.  

   

 

Liberty Australia Terms & Conditions as at June 2019