1. About this Webpage
This AAMI Business Insurance webpage is owned and operated by Australian Associated
Motor Insurers Limited ABN 92 004 791 744 ("AAMI") under the domain
names "aami.com.au" and “insure.aami.com.au” ("AAMI Business Insurance Webpage").
These Terms of Use extend to all web pages under or forming part of the domain names “aami.com.au”
and “insure.aami.com.au” and any other AAMI-branded web pages which include an authorised link to
these Terms of Use.
Your use of the services, information, text, graphics, materials and other content
on the AAMI Business Insurance Webpage ("Material on this Webpage")
is governed by these Terms of Use and the associated
Security and Privacy Statement. By using the AAMI Business Insurance Webpage
you agree to be bound by these Terms of Use.
In addition to the Terms of Use contained in this document, other terms of use or
conditions may apply to your use of the AAMI Business Insurance Webpage, parts of
the AAMI Business Insurance Webpage, or to products and services offered via the
AAMI Business Insurance Webpage. You will be bound by these additional terms, as
applicable.
2. Links to other Websites
1) The AAMI Business Insurance Webpage may contain links to websites which are owned
or operated by third parties independent of AAMI ("Third Party Websites"). AAMI
does not sponsor, endorse or approve of the operators of Third Party Websites, or
material (including services, information, graphics, or data) which is located on
such Third Party Websites ("Third Party Material").
2) The AAMI Business Insurance Webpage may contain or link to information about
special offers, deals or promotions by persons not related to or part of AAMI ("Third
Party Offers"). AAMI does not sponsor, endorse, or approve of any Third Party Offers,
or Third Party Material associated with these offers.
3) Subject to any applicable law which cannot be excluded, AAMI makes no warranties
or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third
Party Material, or products or services available through Third Party Websites;
or
(b) that Third Party Material does not infringe the intellectual property rights
of any person.
4) AAMI Business Insurance is not authorising the reproduction of Third Party Material
by linking Material on this Website to Third Party Material.
3. Privacy
Your privacy and security is very important to AAMI. Certain data items are collected
and used by the AAMI Business Insurance Webpage in order to provide insurance estimates
and other online services. The AAMI Business Insurance Webpage will record and track
the use you make of it. The use of this data is subject to our Security and Privacy
Statement. Please read our
Security and Privacy Statement in full.
4. AAMI Business Insurance Webpage content
The AAMI Business Insurance Webpage:
1) contains information of a general nature about AAMI and AAMI's products and services; and
2) enables you to apply online to purchase up to $10 million in Public Liability
Cover for Market Stall and Trade Exhibitors as part of the AAMI Business Insurance
product.
5. Valuation Tools, Calculators, Games and Other features
1) The AAMI Business Insurance Webpage may contain or make available various tools,
calculation devices, software programs, games or other features which assist you
in calculating the optimal insurance policy, premium, or level of excess for you.
The AAMI Business Insurance Webpage may also contain other useful information.
2) Whilst AAMI has undertaken reasonable steps to ensure that any such features
or information as described in (1) above are accurate and free from defect, to the
extent permitted by law, which law cannot be excluded, AAMI does not warrant the
accuracy, adequacy, correctness or completeness of these features. These features
are provided on an "as is" basis. The monetary figures used by these features in
any calculations are estimates only and do not take account of your particular circumstances.
6. Applicability of AAMI's Standard Terms and Conditions
All applications for insurance or other products made via this AAMI Business Webpage
or otherwise are subject to and must comply with AAMI's normal approval criteria,
and are governed by the normal terms and conditions applying to each product or
service requested. Please note however that AAMI Business Insurance products are
not covered by AAMI's Customer Charter. Click
here to access AAMI Business Insurance policy documents.
7. AAMI Product Information and Insurance Purchase
1) Transactions on the AAMI Business Insurance Webpage
(a) When entering into a transaction via the AAMI Business Insurance Webpage, whether
it be the issuance of an insurance contract or a transaction relating to any other
product or service, the transaction will not be completed until an "Electronic Instruction"
(being any electronic instruction, information, message, request or communication
issued or transmitted to AAMI via the AAMI Business Insurance Webpage) containing
the acceptance from you to AAMI's offer, or the confirmation of payment from you,
whichever is applicable, has been received and processed by AAMI, and any specific
steps or requirements as set out in this clause 7, have been complied with.
(b) You acknowledge that the transmission of your acceptance or the confirmation
of any payment, made through an Electronic Instruction may not be received by AAMI
in accordance with this clause 7 for reasons beyond either parties' reasonable control
including, but not limited to, mechanical, software, computer, telecommunications,
or electronic failure, or the omission or failure of third party service providers
or systems.
(c) You further acknowledge that, to the extent permitted by law, AAMI is not liable
to you in any way for any loss or damage at all and however caused, arising directly
or indirectly in connection with the transmission of an Electronic Instruction through
the AAMI Business Insurance Webpage, or any failure to receive an Electronic Instruction
for whatever reason.
2) Purchasing insurance policies
(a) Where the AAMI Business Insurance Webpage enables you to purchase insurance
products or services online:
(i) the parties may enter into an insurance policy using the AAMI Business Insurance
Webpage by AAMI making an electronic offer via the AAMI Business Insurance Webpage
and you electronically communicating your acceptance of that offer via the AAMI
Business Insurance Webpage to AAMI;
(ii) AAMI may act on and process all completed Electronic Instructions transmitted
or issued through the AAMI Business Insurance Webpage without further consent from
or reference to you; and
(iii) AAMI may treat an Electronic Instruction as authentic and is under no obligation
to investigate the authenticity or authority of persons issuing or transmitting
such Electronic Instructions, or to verify the accuracy and completeness of such
Electronic Instructions.
(b) Creating a binding insurance contract with AAMI via the AAMI Business Insurance
Webpage involves the completion by you of all required details in the application.
You can then accept the premium quoted and create a binding insurance agreement
with a corresponding AAMI policy number.
(c) When entering into a contract via the AAMI Business Insurance Webpage, you will
be taken to have communicated your acceptance to an offer of insurance from AAMI
and a binding insurance contract will be created when:
(i) the Electronic Instruction containing the acceptance from you enters and is
recorded in the main AAMI database;
(ii) a record is created and stored in the AAMI database;
(iii) an AAMI policy number is generated by the AAMI database; and
(iv) AAMI receives all required details of a current and valid credit card which
you are authorised to use, which is of a credit card type accepted by AAMI, and
to which AAMI is able to charge the premium.
(d) A binding insurance contract is conditional on AAMI being able to successfully
charge against your nominated credit card and AAMI receiving payment of your applicable
premium.
(e) Where a transaction is entered into between AAMI and you via the AAMI Business
Insurance Webpage, a policy number will be issued by AAMI via the AAMI Business
Insurance Webpage. However, a binding insurance contract is not conditional on the
receipt by you of a policy number. Therefore, the failure by you to receive a policy
number via the AAMI Business Insurance Webpage does not invalidate or otherwise
prejudice the existence of an insurance contract or transaction entered into using
the AAMI Business Insurance Webpage.
(f) AAMI may or may not issue a paper confirmation of the insurance policy. The
existence of a binding contract is not conditional on AAMI issuing, or you receiving,
a paper confirmation of the transaction.
(g) You must contact AAMI immediately if you do not receive a policy number via
the AAMI Business Insurance Webpage following your transaction.
8. Payments
All payments for any insurance products or other services purchased via the AAMI
Business Insurance Webpage are to be made by selected credit cards at the time of
purchase of the applicable AAMI policy or service. You must therefore provide to
AAMI details of your current and valid credit card, including:
1) Credit card type;
2) Name on credit card;
3) Credit card number; and
4) Expiry date.
9. Warranties
Whilst reasonable steps have been undertaken to ensure that information is free
from error, to the extent permitted by law, which law cannot be excluded, AAMI
does not warrant the accuracy, adequacy or completeness of Material on the AAMI
Business Insurance Webpage. All information is subject to change without notice.
AAMI does not guarantee that the AAMI Business Insurance Webpage or Third Party
Websites will be free from viruses, or that access to the AAMI Business Insurance
Webpage or Third Party Websites will function as intended or be uninterrupted. All
terms implied by law, except those that cannot be lawfully excluded, are excluded.
10. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, AAMI,
and its directors, employees, agents and contractors, are not liable to you for
any losses, damages, liabilities, claims and expenses (including but not limited
to legal costs and defence or settlement costs) whatsoever, whether direct, indirect
or consequential, arising out of or referable to Material on the AAMI Business Insurance
Webpage, to Third Party Material, third party services, or to access of the AAMI
Business Insurance Webpage by you, howsoever caused, whether in contract, tort including
negligence, statute or otherwise.
11. Indemnity
You indemnify AAMI in respect of any liability incurred by AAMI for any loss, cost,
damage or expense, howsoever caused, suffered by AAMI as a result of your breach
of these Terms of Use.
12. No Investment Advice
The AAMI Business Insurance Webpage does not purport to provide you with personal
financial or investment advice of any kind. The information available via the AAMI
Business Insurance Webpage does not take account of your particular financial or
insurance position or requirements. AAMI Business Insurance suggests that you call
13 22 44 and speak to an AAMI Business Insurance representative before acting upon
Material on the AAMI Business Insurance Webpage or Third Party Material.
13. Availability of AAMI Business Insurance Webpage
1) As electronic services are subject to interruption or breakdown, access to the
AAMI Business Insurance Webpage is offered on an "as is" and "as available' basis
only.
2) AAMI may impose limits or restrictions on the use you may make of the AAMI Business
Insurance Webpage. Further, for security, technical, maintenance, legal or regulatory
reasons, or due to any breach of these Terms of Use, AAMI may withdraw the AAMI
Business Insurance Webpage at any time and without notice to you.
14. No use of AAMI Business Insurance Webpage for unrelated persons
You must only use the AAMI Business Insurance Webpage to:
1) obtain information relating to the price of insurance cover from AAMI; or
2) conduct insurance related queries, in respect of insurance cover for you, a member
of your immediate family (with their prior consent), or in relation to your business.
You agree that you will not (either yourself or through any third party) use any
information on or accessed through the AAMI Business Insurance Webpage for any commercial
purpose or otherwise (either directly or indirectly) for profit or gain.
You also agree to indemnify AAMI in respect of any liability incurred by AAMI for
any loss, cost damage or expense, howsoever caused, suffered by AAMI as a result
of your breach of this clause 14.
15. Third party providers to AAMI
Parts of the AAMI Business Insurance Webpage, or the provision of services offered
via the AAMI Business Insurance Webpage, may be outsourced to third party providers.
These Terms of Use apply to any outsourced services, unless you are otherwise notified
of any alternate terms of use.
16. Copyright and Trademarks
1) Copyright in the Material on the AAMI Business Insurance Webpage and AAMI's main
website is owned or licensed by AAMI.
2) Except where necessary for and incidental to personally viewing the Material
on the AAMI Business Insurance Webpage or the AAMI Business Insurance Webpage via
your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable
laws, no Material on the AAMI Business Insurance Webpage or the AAMI Business Insurance
Webpage may be reproduced (for any period of time), stored in an electronic or other
retrieval system, modified, adapted, uploaded to a third party location, framed,
performed in public or transmitted in any form by any process whatsoever without
the specific written consent of AAMI.
3) "AAMI", "AAMI Lifetime", "AAMI Business Insurance", "Business@Home""Flexi-Premiums"
and "Lucky you're with AAMI" are all trademarks of AAMI. "Just Car Insurance" is
a registered trademark of Just Car Insurance Agency Pty Ltd. Third party trademarks
are trademarks of the respective third parties.
17. Termination
These Terms of Use and your access to the AAMI Business Insurance Webpage may be
terminated at any time by either party without notice to the other. However, all
restrictions, licences granted by you, and all disclaimers and exclusions of and
limitations on liability of AAMI, will survive any termination. Upon termination,
you must not directly or indirectly access or use the AAMI Business Insurance Webpage
or any Material on the AAMI Business Insurance Webpage.
18. Acceptance and changes to terms of use
1) You acknowledge and accept that your use of the AAMI Business Insurance Webpage
indicates your acceptance of these Terms of Use and the Security and Privacy Statement.
2) These are the current Terms of Use. They replace any other terms of use for the
AAMI Business Insurance Webpage. AAMI may at any time vary the Terms of Use for
security, legal or regulatory reasons, or to reflect updates or changes to the services
or functionality of the AAMI Business Insurance Webpage, by publishing the varied
Terms of Use on the AAMI Business Insurance Webpage. AAMI will indicate on the AAMI
Business Insurance Webpage that these terms of use have changed, however, AAMI is
under no obligation to specifically contact or notify you of any variation to these
Terms of Use. You accept that by doing this, AAMI has provided you with sufficient
notice of the variation. By your use of the AAMI Business Insurance Webpage after
any variation, you are taken to have accepted the new Terms of Use.
19. General
1) The law applicable to the AAMI Business Insurance Webpage and to disputes arising
out of the AAMI Business Insurance Webpage is the law of the State of Victoria,
Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts
of Victoria, Australia, and appeal therefrom.
2) Should any clause or part thereof of these Terms of Use be found to be void,
unenforceable or invalid, then it is severed from this agreement, leaving the remainder
in full force and effect, provided that the severance has not altered the basic
nature of this agreement.
3) You may not rely on the words or conduct of AAMI as a waiver of any right unless
the waiver is in writing.
In this clause, "conduct" includes delay in the exercise of any right. "Right" means
any right of AAMI arising under or in connection with these Terms of Use or otherwise,
and includes the right to rely on this clause. "Waiver" includes an election between
rights and remedies, and conduct which might otherwise give rise to an estoppel.
20. Linking to AAMI
Please contact AAMI if you would like to link to any part of the
AAMI Business Insurance Webpage or any other part of AAMI's website
Please note that our website Terms Of Use were last changed on 6th April
2009.
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