Terms of Use

Effective as at [31st October 2023]

 

“This website” means all webpages located on the www.swanninsurance.com.au and https://portal.swanninsurance.com.au/#/sign-in domain name.

 

This website is the website of Insurance Australia Limited, trading as Swann Insurance, and its related entities.

 

Your access and use of this website constitutes your agreement to these Terms of Use. These Terms of Use include terms that limit our liability for certain types of loss or damage and permit us to disclose your personal information to third parties (in accordance with our Privacy Policy). Your access and use of this website is governed by these Terms of Use and the Privacy Policy. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use and the Privacy Policy.

 

We may update these Terms of Use on this website from time to time. If we do so, we will notify you in such manner as we consider reasonably appropriate, including by making the revised version available on this website. We will clearly state the date these Terms of Use were last changed. Please review these Terms of Use periodically for changes.

1. User Content

Any and all information (other than personal information which is subject to our Privacy Policy), including data, text, files, graphics and any and all other material that you post to this website is referred to as “User Content.” By posting User Content on or through this website, you expressly warrant that:

  • you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
  • you hold the requisite rights and/or permissions to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
  • we bear no responsibility, legal or otherwise, for that User Content.

2. Liability

EXCEPT FOR ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW (IN WHICH CASE THAT LIABILITY IS LIMITED TO THE MINIMUM ALLOWABLE BY LAW), WE EXCLUDE LIABILITY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY ANY PERSON ARISING DIRECTLY OR INDIRECTLY FROM THEIR:

  • USE OR RELIANCE ON ANY MATERIAL (INCLUDING THIRD PARTY MATERIAL) ON THIS WEBSITE; OR
  • ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE.

Nothing in these Terms of Use restrict, excludes, modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth) or the Australian Securities Investments Commission Act 2001 (Cth).

For the avoidance of doubt, this clause does not modify or otherwise affect our liability under any insurance policies we may enter into with you, including those administered via the customer portal.

3. Acknowledgement

By using this website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, and any guidelines and policies referred to in these Terms of Use. If you do not consent to these Terms of Use, then we require that you cease using this website immediately. You acknowledge that these Terms of Use reflect a reasonable and fair allocation of the risk between us and you.

4. Privacy

We are bound by, and comply with, the Privacy Act 1988 (Cth) (including the Australian Privacy Principles). Our Privacy Policy governs how we collect, use and disclose personal information. We will take reasonable precautions to prevent unauthorised access to any such information you may post to this website.

Collection of your personal information

There are many aspects of this website which can be viewed without providing personal information, however in order to create a user profile and account, you are required to submit personally identifiable information. This may include but is not limited to a unique username and password, or the provision of personal information in the recovery of your lost password.

Sharing of your personal information

We may occasionally engage third parties to host this website. We will take all reasonable steps to ensure that such third parties or other third parties we engage from time to time comply with the Australian Privacy Principles.

Use of your personal information

We collect information inclusive of, but not limited to, browser type, version and language, operating system, pages viewed while browsing this website and website page access times when you interact with this website. This information is used internally solely for the purpose of gauging website visitor traffic, trends and delivering personalised content to you while you are at this website.

Accessing your personal information

You have a right to access your personal information. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.

5. Prohibited User Content

You must not post User Content on this website that:

  • is offensive and /or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the posting or transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and / or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

We reserve the right at all times to, acting reasonably, remove any content.

6. Access to your online account

We may suspend the availability of all or any part of the customer portal for users from time to time, including for the purposes of routine maintenance or in the event of technical difficulties. Scheduled maintenance typically occurs during off-peak times to minimise disruption to you.

7. Disabling access to your online account

We may also disable (in whole or part) your access to the customer portal from time to time. Where your access to the customer portal is disabled, including in the event we suspect that there is fraudulent activity, we will use reasonable endeavours to notify you. If you contact us and provide the required identification details, we will use reasonable endeavours to reactivate your access to the customer portal.

8. Terminating access to your online account

We reserve the right to terminate your access to the customer portal at any time:

  • where you breach these Terms of Use. If we terminate your access due to breach of these Terms of Use, we will use reasonable endeavours to notify you that your access has been revoked; or
  • for any reason. If we terminate your access without cause, then we will use reasonable endeavours to provide you with at least 30 days’ notice prior to terminating your access.

You may terminate your access to the customer portal at any time by contacting us and giving us notice to that effect along with sufficient information to enable us to identify your Login.

Where your access to the customer portal is terminated by us or by you, you must immediately cease using the customer portal and not directly or indirectly access or use the customer portal further.

9. Contact Us

We will provide account support (“Support”) to you via the following methods:

Email:

info@swanninsurance.com.au

Mail:

Swann Insurance
PO Box 14459
Melbourne, Victoria, 8001

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the non -exclusive jurisdiction of the Courts of the State of Victoria.

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