Read these Online Terms to understand how AAI operates and regulates its “Essentials by AAI” online site.
1. About the Essentials by AAI online site
1.1 AAI Limited ABN 48 005 297 807, AFSL 230859 (“AAI”, “we” or “us”) operates the Essentials by AAI website (www.essentialsbyaai.com.au including its related transactional domains and pages) (“Online Site”).
When providing financial services in Australia, AAI Limited ABN 48 005 297 807 (AAI) acts as the issuer of Essentials by AAI Contents and Car Insurance, and holds Australian Financial Services Licence no. 230859.
1.2 Our Online Site (including any sub-pages, related transactional domains and pages, or other Essentials by AAI-branded online pages which include an authorised link to the Online Site) may include product advertising, services, information, text, graphics, materials, social media forums, applications, functions and promotions, unless disclaimed otherwise or where not permitted by law or by an online host site’s rules (“Site Content”). Your use of our Online Site, including any Site Content, is governed by these Online Terms.
1.4 AAI owns and operates the Online Site which includes all web pages under or forming part of the domain name essentialsbyaai.com.au. Our Online Site can be accessed using portable electronic devices such as smart phones or tablet computers. AAI disclaims that our Online Site may not operate (or may not operate fully) on some types of portable electronic devices. If you experience difficulty in accessing or using our Online Site via a portable electronic device you should access our Online Site (www.essentialsbyaai.com.au) using a modern web browser on a personal computer with a screen diameter or 10 inches or greater.
1.6 As the Essentials by AAI Online Site develops and as technology evolves, AAI will continue to strive to provide you with better online services. AAI encourages you to review these Online Terms as they will be updated from time to time.
2. Links to third party websites or applications
2.1 Our Online Site may contain links to other websites (including other social media websites) or applications which are owned or operated by third parties independent of AAI (“Third Party Sites”). AAI does not sponsor, endorse or approve of the operators of Third Party Sites, or material (including services, information, graphics, or data) which is located on such Third Party Sites (“Third Party Material”).
2.2 Our Online Site may contain or link to information about special offers, deals or promotions by persons not related to or part of AAI (“Third Party Offers”). AAI does not sponsor, endorse or approve of any Third Party Offers or Third Party Material associated with these offers.
2.3 Subject to any applicable law which cannot be excluded, AAI makes no warranties or representations:
2.3.1 regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Sites; or
2.3.2 that Third Party Material does not infringe the intellectual property rights of any person.
2.4 AAI is not authorising the reproduction of Third Party Material by linking Site Content to Third Party Material.
2.5 When following a link on our Online Site, material at a Third Party Site may be displayed in your browser framed by Site Content. This material is also Third Party Material for the purpose of these Online Terms.
3. AAI’s standard terms and acceptance criteria apply
All enquiries made via our Online Site are subject to and must comply with AAI’s normal acceptance criteria and are governed by the normal terms and conditions applying to the relevant product or service requested. The terms and conditions of the Essentials by AAI Contents and Car Insurance AAI offers are contained in the Product Disclosure Statement. This document can be accessed on the Online Site. Whenever you make an enquiry in relation to the Essentials by AAI insurance product you must answer any questions we ask truthfully and accurately. If you give us information that is not true and accurate, we may be able to reduce or refuse a claim or cancel your policy, or both. If your failure is fraudulent, we may be able to refuse to pay a claim and treat the contract as if it never existed. The Target Market Determination is also available.
Whilst reasonable steps have been taken to ensure that information is free from error, to the extent permitted by law, which law cannot be excluded, AAI does not warrant the accuracy, adequacy or completeness of Site Content on its Online Site. All information is subject to change without notice. AAI does not guarantee that our Online Site or any Third Party Site will be free from viruses, or that access to our Online Site or Third Party Site will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
5. Limitation of liability
Subject to any responsibilities implied by law and which cannot be excluded, AAI, and its directors, employees, agents, contractors and related bodies corporate, 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 any Site Content, Online Site user content (including text, comments or otherwise), Third Party Material, third party services, or to access (or lack of access) to our Online Site (or website operated by any member of the Suncorp Group) by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
You indemnify AAI (and any of its related bodies corporate) in respect of any liability incurred by AAI (or any of its related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by AAI (or any of its related bodies corporate) as a result of your breach of these Online Terms or your use of any of our Online Site.
7. No advice
Our Online Site does not purport to provide you with financial product or investment advice of any kind. The information available via our Online Site does not take account of your particular financial or insurance position or requirements. AAI suggests that you seek independent advice before acting upon any Site Content or any information found on a Third Party Site.
8. Availability of our Online Site
8.1 Since electronic services are subject to interruption or breakdown, access to our Online Site is offered on an “as is” and “as available” basis only.
8.2 AAI may impose limits or restrictions on the use you may make of our Online Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Online Terms, AAI may withdraw our Online Site (of part thereof) at any time and without notice to you.
8.3 Any cost associated with accessing our Online Site is the user’s responsibility and is dependent on the internet or telecommunications service provider used.
9. Restrictions on use of our Online Site
The Site Content contained on our Online Site is provided solely for bona fide personal customers only. By accessing, viewing or otherwise using AAI’s Online Site, you agree to abide by the terms and conditions of use contained in this term and term 10.
You agree that you will not (either yourself or through any third party):
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process“) to process, monitor, copy or extract any web pages on our Online Site, or any of the information, content or data contained within or accessible through our Online Site, without AAI’s prior written permission;
(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through our Online Site with information, content or data accessible via or sourced from any third party;
(c) use any information on or accessed through our Online Site for any commercial purpose(including but not limited to market research, the provision of pricing estimates or ‘shadow shopping’) or otherwise (either directly or indirectly) for profit or gain;
(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of our Online Site or any transaction or process being conducted on or through it;
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to our Online Site;
(f) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with our Online Site; or
(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Online Site without AAI’s prior written permission.
10. No use of our Online Site for unrelated persons
You must only use our Online Site (as permitted by their design) to:
(a) obtain information about the Essentials by AAI product;
(b) obtain information relating to the price of insurance cover under the Essentials by AAI product;
(c) conduct insurance related queries,
in respect of insurance cover for you or a member of your immediate family (with their prior consent) for which you seek bona fide insurance cover.
You agree not to otherwise use our Online Site to obtain other information relating to the price of insurance cover under the Essentials by AAI product or conduct insurance-related queries.
You also agree to indemnify AAI in respect of any liability incurred by AAI for any loss, cost, damage or expense, howsoever caused, suffered by AAI as a result of your breach of this term 10.
11. Third party providers
12. Copyright and trademarks
12.1 Copyright in the Material on our Online Site is owned or licensed by AAI.
12.2 Except where necessary for and incidental to viewing or using the Site Content on our Online Site via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no Site Content on our Online Site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, 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 AAI.
12.3 AAI and each of its related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. “Essentials by AAI”, “Essentials Insurance by AAI” and “AAI” are each registered trademarks of AAI.
12.4 Third party trademarks are trademarks of the respective third parties.
13.1 Termination of these Online Terms
Unless otherwise stated in this term 13, these Online Terms and/or your access to our Online Site may be terminated at any time by AAI. You may terminate your use of our Online Site at anytime. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of AAI, will survive any termination. Upon termination you must not directly or indirectly access or use the relevant Online Site or any Site Content on the Online Site.
13.2 Prohibition on access post termination
Upon termination of these Online Terms and your right to access to our Online Site, you must not directly or indirectly access or use any part of our Online Site or any Site Content.
14. Acceptance of and changes to these Online Terms
14.1 You acknowledge and accept that your use of our Online Site indicates your acceptance of these Online Terms.
15. AAI’s complaints resolution process
15.1 If you are dissatisfied with your dealings with AAI in relation to your use of our Online Site please let us know by emailing us at email@example.com.
15.2 We will review your email and contact you with a reply or to ask you for further information, if it’s required.
15.3 If you make a complaint and it is about an Essentials by AAI insurance policy or insurance claim, you may have additional rights of appeal, such as under AAI’s formal dispute resolution process. We will tell you if that is the case.
15.4 See the “Consumer Appeals” section on our Online Site for more information about how AAI resolves complaints.
16.1 Our Online Site may be viewed and interacted with by anyone in the world, however age limits may apply to certain Site Content (including the sale or issue of any insurance product), promotions or offers.
16.2 AAI only offers its insurance products for sale within Australia.
16.3 The law applicable to our Online Site and to any complaints arising from our Online Site is the law of the State of Queensland, Australia. By using our Online Site you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, unless the complaint relates to an insurance contract in which case relevant state or federal law will apply. By using our Online Site, and except for an insurance contract dispute, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, and appeal therefrom.
16.4 Should any term or part of these Online Terms 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.
16.5 You may not rely on the words or conduct of AAI as a waiver of any right unless the waiver is in writing. In this term “conduct” includes delay in the exercise of any right. “Right” means any right of AAI arising under or in connection with these Online Terms or otherwise, and includes the right to rely on this term. “Waiver” includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
17. Linking to our Online Site
Unauthorised linking to any part of our Online Site (including any part of website operated by a related body corporate that is part of the Suncorp Group) is expressly prohibited. Please contact us if you would like to link to any part of our Online Site. Only written permission from us will constitute authorisation of a link.
Your privacy and security is important to AAI. Any personal information AAI collects about you will be handled according to:
- where you acquire a product or service from us or we collect your personal information, our Privacy Statement which we provide you. Our privacy statement can be found here.
19.1 Our Online Site uses “cookies” as a fundamental part of its interaction with your internet browser. Cookies enable AAI to provide you with a superior, customer-oriented service. A “cookie” is a small text file placed on your computer by our web server. A cookie can later be retrieved by AAI’s website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
19.2 If you wish to make full use of our Online Site, it is recommended that you accept cookies. Cookies may also be used to collect and use information for a range of purposes, including: to maintain and improve the operation of internet sites across the Suncorp Group; to track user preferences and product requirements to customise Suncorp Group internet sites, and improve advertising relevance. We may also have an arrangement with third parties who may use our cookies to improve our advertising relevance to you on their sites.
These Online Terms are dated 24 August 2015.