Marine Insurance Australia Pty Ltd (“MIA”) terms and conditions of website use
1. Acceptance of terms
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2. The service
2.1 The website may provide communication tools such as email and online enquiry forms, and/or other message or communication facilities ("the Services") designed to enable you to contact us.
3. Accessing our website
3.1 Access to our website is provided on a temporary basis. We reserve the right to terminate your access to any or all of the website and/or the Services at any time without notice for any reason including without limitation breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the website/Services.
3.2 You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
4. Reliance on information shown on our website
You acknowledge that commentary, newsletters and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a visitor to our website, or by anyone who may be informed by any of its contents, to the extent permitted by law. We reserve the right to decline to contract with you in relation to products and services advertised on our website.
5. Links to third party websites
The website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that MIA is not responsible for the content, security or availability of any such sites.
6. International use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.
7. Intellectual property rights
7.1 The website and its content including without limitation the website design, text, graphics, information, logos, photographs, images, moving images, sound, illustrations and all software and source codes connected with the website and the Services (the “Content”) are protected by copyright, trademarks, patents and other intellectual property rights and laws. All such rights are reserved. In accessing the website you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be modified, downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
7.2 You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
7.3 If you print off, copy or download any part of our website or any of its Content in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Acceptable use
8.1 In using the website and/or the Services you agree not to:
8.1.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
8.1.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
8.1.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
8.1.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
8.1.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
8.1.6 make available or upload files that contain a virus, worm, trojan or corrupt, malicious or technologically harmful material that may damage the operation of the computer or property of another;
8.1.7 collect or store personal information about others, including email addresses;
8.1.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
8.1.9 impersonate any person or entity for the purpose of misleading others;
8.1.10 violate any applicable laws or regulations;
8.1.11 use the website/Services in any manner that could damage, disable, overburden or impair the website/Services or interfere with any other party’s use and enjoyment of the website/Services;
8.1.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
8.1.13 attempt to gain unauthorised access to any of the website Services or Content, other accounts, servers, databases, computer systems or networks connected to the website/Services through hacking, password mining or any other means;
8.1.14 establish a link from our website to either (a) a website owned or operated by you if this link is done in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or (b) any website not owned or operated by you.
You agree to indemnify and hold MIA harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against MIA by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MIA in consequence of your breach of these Terms and Conditions.
10. Disclaimers and limitation of liability
10.1 Use of the website/Services is at your own risk. The website/Services are provided without any guarantee, representation or endorsement made and without warranty of any kind whether express or implied to the extent permitted by law.
10.2 To the extent permitted by law, MIA will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits, goodwill, contracts, or savings) incurred by any user or in connection with the website or the use of the website/Services, any website linked to it or any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.3 MIA makes no warranty that the website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the website/Services will be uninterrupted or error free, that defects will be corrected or that the website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of MIA for death or personal injury as a result of the negligence of MIA, nor our liability for fraudulent misrepresentation in respect of a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12. Governing law
These Terms and Conditions shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts in relation to any claim arising from, or relating to, our website.