Terms and Conditions
This website is operated by Pacific International Insurance Pty Ltd, ABN 83 169 311 193 (“Pacific”). Your access to or use of this website constitutes your agreement to be bound by these terms and conditions. Pacific may vary these terms and conditions at any time, acting reasonably, by posting amended terms on this website. The amended terms will automatically apply from the date of posting. If you decline to accept these Terms and Conditions, you must exit this website immediately.
You acknowledge that you are bound by these terms and conditions each time you or any other person accesses or uses this website on your behalf, regardless of the means by which the website is accessed, and whether such access is authorised or not.
Use of the Website
You must comply with all laws in connection with your use of this website.
You must not do any of the following:
- data mine or conduct automated searches on this website;
- transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website;
- use this website or any information made available through this website to send unsolicited emails or other messages without Pacific’s express consent;
- use any automatic device or manual process to monitor or copy any part of this website;
- incorporate any of the content on this website with any other material, including advertising or promotional material;
- create http links from this website to any other website on the internet, or frame or mirror this website; or
- tamper with or make unauthorised modifications to this website or the content of this website.
This website may contain bulletin board services, chat areas, news groups, forums, feedback areas and or other facilities designed to enable you to communicate with other users of the website (the “Communication Services”). You agree to use the Communication Service only for its permitted purpose and in accordance with all laws.
By way of example and not as limitation, you agree that when using a Communication Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or inseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- advertise or offer to sell or buy any goods for any business purpose unless this is the intended purpose of the Communication Service;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted and remove any materials in our sole discretion. We reserve the right to terminate your access to the Communication Services at any time without notice for any reason whatsoever.
Disclaimers
Information made available via this website
Information made available via this website is submitted by a range of different parties. You should note that we do not control, endorse, check or approve all information made available via this website. Additionally, information made available via this website is not necessarily the most recent or up to date information. For various reasons, delays may occur before this website is updated. Accordingly, we warn you that information made available via this website may be illegal, false, inaccurate, misleading, harmful or offensive and you accept this risk.
Links to other websites
We are not responsible for the content of any linked site. We provide links to third party websites merely as a convenience to you and the inclusion of such link does not imply any endorsement of such linked site by us.
System related losses and access issues
We warn you that access to this website may be interfered with or affected by numerous factors, many of which are outside of our control (including, without limitation, malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Accordingly, we do not warrant that the website or your access to it will be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this website.
No Warranty and Exclusion of Implied Warranties
Subject to the following clause, you use this website and purchase Products and Services via the website at your own risk. To the extent permitted by law, this website is provided to you on an “as is” and “as available” basis and we do not make any warranties whatsoever (express or implied) concerning the operation of this website or the Products and Services made available via the website.
To the extent permitted by law, we exclude all express or implied warranties, guarantees and conditions under statute or general law in connection with this website and its Products and Services. However, in some instances these warranties and guarantees cannot be excluded. Where such express or implied warranties, guarantees and conditions cannot be excluded our liability for breach is limited to the following remedies (the choice of which is to be at our sole discretion):
- in the case of goods one or more of the following;
- 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 repaired.
- in the case of services one or more of the following:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
NB: This clause does not affect any rights you may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not lawfully be excluded or modified under this contract.
Indemnity
To the full extent permitted under the law, you are liable for and indemnify Pacific, its directors, employees and agents from all liabilities, actions, demands, loss, damage (including any consequential, indirect or economic loss or damage), costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by Pacific, its directors, employees and agents directly or indirectly in connection with:
- your use of this website;
- your use of the Products or Services;
- your breach of these terms and conditions.
You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts and omissions.
Exclusion of Consequential Loss
Pacific will not be liable to you for any special, indirect, consequential or economic loss or damage of any nature.
Withdrawal or Suspension of Service
Our website, or your access to the website and its Products and Services, may be withdrawn or suspended for any reason without notice, including (without limitation) the following:
- if there is an interruption to, or fault in, any applicable computer or telecommunications system or service;
- if you breach any of these terms and conditions;
- if you use a service in a manner inconsistent with its intended purpose;
- if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, denial of service or similar event; for maintenance or security purposes; or if P no longer wishes to provide a service or maintain this website.
Intellectual Property
© Pacific International Insurance Pty Ltd – All rights reserved.
Pacific owns or is a licensee of all copyright and other intellectual property in this website and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks (“the Content”). You must not modify, copy, reproduce, republish, frame or create derivative works, upload to a third party, post, transmit or distribute the Content in any way except for your own personal, non-commercial use or information, or unless expressly authorised by Pacific.
All trademarks appearing on this website are the property of their respective owners.
Applicable Law
This website is provided for use by Australian residents only. Your use of this website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia, N.S.W. Registry). This website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Pacific makes no representations that the content of this website complies with the laws, including intellectual property laws, of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the website or where anything you publish or upload can be accessed.
Defined Terms
In these terms and conditions “Products and Services” means the products and services made available via the website including, without limitation.