COVERMY CUSTOMER TERMS OF USE.
These customer terms of use (Terms) apply to your use of the Platform and are a legally binding agreement between you and CoverMy Pty Ltd t/as CoverMy.
Please read these Terms carefully before you access or use the Platform and keep a copy for future reference.
By clicking "I agree" or accessing the Platform, you agree to these Terms. If you do not agree, you must immediately stop using the Platform.
In these Terms, a reference to "we", "us" and "our" means CoverMy Pty Ltd ACN 645 593 193.
AGREEMENT.
To be eligible to open an Account with us, you must:
1.1.1 be an individual who is at least 18 years old;
1.1.2 be a permanent resident in Australia or an Australian citizen;
1.1.3 not be suffering an Insolvency Event;
1.1.4 be capable of entering into a legally binding contract;
1.1.5 have an Australian residential address; and
1.1.6 have a valid email address and Australian mobile number.
There are two different Accounts that can be opened:
1.2.1 an Individual Account; and
1.2.2 a Business Account.
1.3.1 You will need to set up an Account to access and use the Platform.
1.3.2 You can apply for an Account on our Website.
1.3.3 You can only set up one Account per individual or business.
1.3.5 Each Account requires a unique email address.
1.3.6 If you are applying for an Individual Account, then you must provide us with the following details:
a) your full name;
b) your residential address;
c) your email address; and
d) your Australian mobile number;
1.3.7 If you are applying for a Business Account, you must:
a. provide us with the full registered name of the business and any registered trading names;
b. specify whether the business is:
i. a proprietary company;
ii. an unlisted public company;
iii. a listed public company;
iv. a foreign registered company;
v. a trust and the type of trust (ie discretionary trust, unit trust, managed investment scheme or self-managed superannuation fund );
vi. a partnership; or
vii. an association;
c. provide us with an ACN, ABN or ARBN (if applicable);
d. provide us with the registered business address;
e. provide us with an email address;
f. provide us with a mobile phone number; and
g. be authorised, and warrant that you are authorised, to act on behalf of the business.
1.3.8 We may (in our complete discretion) require you to produce evidence that you are authorised to act on behalf of the business in accordance with clause 1.3.7 and you must provide us with any information we reasonably request for this purpose.
1.4.1 In setting up an Account, you will be required to select a username and password.
1.4.2 You are responsible for keeping your log-in details secure and confidential and must not disclose them to any other person.
1.4.3 We will not be liable for any loss, cost, damage, or expense to you or any other person arising out of, or in connection with, your failure to maintain the security and confidentiality of your log-in details.
1.4.4 We are not responsible for any unauthorised access to, or use of, your Account unless we have failed to take reasonable steps to prevent such access or use.
1.4.5 You are fully responsible for all activities carried out under or using your log-in details (whether or not authorised by you) and any loss, cost, damage, or expense to you or any other person that may arise as a result of that activity.
1.4.6 You must immediately notify us of any unauthorised use of your log-in details or any other breaches of security.
1.5 Access and use
1.5.1 You may access and use the Platform only as permitted by these Terms.
1.5.2 To access and use the Platform, you must:
a. agree and warrant to use the Platform in accordance with these Terms;
b. warrant that you have read, and agree to, our Privacy Policy and Disclaimers;
c. consent to our Privacy Collection Statement; and
d. have an active Account.
1.5.3 You may not authorise others to use your Account, and you may not assign or otherwise transfer your Account to any other person, unless otherwise agreed by us on request.
As a holder of an Account, you agree to:
1.6.1 not allow others to access or use your Account;
1.6.2 fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of your Account;
1.6.3 contact us immediately if you believe that your Account may be subject to an unauthorised action or transaction or other type of fraudulent activity or security breach;
1.6.4 only open one Account in the name of a given individual or business;
1.6.5 not cause or permit any damage to or otherwise interfere with the Platform;
1.6.6 to provide us with all reasonably required co-operation, assistance and access to such information we require under these Terms;
1.6.7 you will comply with all applicable laws in relation to your use of the Platform; and
1.6.8 you will carry out all your obligations under these Terms in a timely and efficient manner.
1.7 Closure, suspension and cancellation
a. where we reasonably suspect or become aware that you are in breach of these Terms;
b. where we reasonably consider Account activity to be suspicious;
c. where we consider it reasonably necessary to prevent fraud or limit or otherwise protect us against any legal, regulatory or commercial risk;
d. if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have;
e. you fail to continue to meet the eligibility criteria in clause 1.1;
f. where requests are made by law enforcement or other government agencies;
g. there is a discontinuance or material modification to our Platform (or any part thereof);
h. unexpected technical or security issues or problems arise; or
i. extended periods of inactivity.
1.7.2 Where we take action under clause 1.7.1:
a. any Quotes requested but not yet accepted will be cancelled and withdrawn;
b. you must not make any new Quote requests;
c. you must only interact with Brokers in relation to Current Policies;
d. you may download a copy of any Account records before your Account is closed under clause 1.7.1;
e. you may request us to provide you with a copy of any Account records after your Account was closed under clause 1.7.1;
f. you must notify us when your last Current Policy expires;
g. once all Current Policies expire, we may close your Account; and
h. If we close your Account, these Terms will automatically terminate pursuant to clause 13.2.
1.7.3 We will not be liable to you, a Broker or any third party for any suspension or closure of your Account.
1.8 Notices in relation to your account
1.8.1 We may send notices, notifications and other important information to you via your nominated email, SMS and/or your Account.
1.8.2 You agree that if we provide notices to you in relation to your Account, these Terms or any other matter via your email, SMS and/or Account, such notice constitutes written notice under these Terms.
1.9 Communications
1.9.1 All communications between you and us will be electronic, whether via email, SMS and/or your Account.
1.9.2 You may opt out of receiving communications via SMS via the Platform.
Once your Account has been set up, you will need to complete your Profile before you can submit a request for Brokers to provide a Quote under clause 3.
3.1.1 Once you have completed your Profile, you can request a Quote from Broker at any time.
3.1.2 You can submit a request for Quotes by selecting that option in the Platform.
3.1.3 Once your request has been placed, Brokers will provide you with Quotes.
3.1.4 If there is insufficient information in your Profile, Brokers may request further information from you to provide a Quote.
3.2 Results
3.2.1 Quotes will be presented in the Platform for you.
3.2.2 You acknowledge and agree that:
a. Quotes are not reviewed, ranked, ordered or rated by us. We simply display the Quotes as and when they are uploaded to the Platform;
b. the Platform is not a comparison site and it simply facilitates a marketplace for you to access Quotes directly from Brokers;
c. the Platform enables users to filter Quotes based on their own preferences using a set list of parameters. Any results list flowing from you filtering of Quotes is fully driven by you and does not in any way, shape or form reflect our opinion or recommendation as to which Quote is more favourable or better suits your financial circumstances, needs or preferences and we have no such opinion and make no such recommendation.
d. as part of a Quote, the Broker may provide you with Advice, Broker Agreements and / or Regulatory Documents for your consideration. We are not responsible for, do not have any control over and do not endorse the content of any of these documents. We simply provide you with access to these documents via the Platform; and
e. we do not provide any financial advice in relation to any Quotes or any financial services in relation to insurance or other financial products. All information we provide on the Platform is factual information only and it does not take into account any of your personal information, circumstances, needs or preferences.
3.2.3 A Quote may be valid for a set period of time. If any Quote expires, you can submit a new request for Quotes from Brokers under clause 3.1
3.3 Acceptance
3.3.1 In the Platform, you can instruct a Broker to proceed with a Quote.
3.3.2 You acknowledge and agree that we are not involved with any acceptance of a Quote by you or the resulting issue of a Policy and that at such activities are performed by the Broker outside the Platform.
3.3.3 Once you select and agree to a Quote from a Broker, all interactions with the Broker must occur via, and will be recorded in, the Platform,
You may message a Broker directly by selecting this option in the Platform. You acknowledge and agree that we are not responsible for, have no control over and do not endorse any response a Broker may provide via the message functionality.
5. Queries
5.1 Platform
You may refer any questions about the features of, operation or issues with the Platform to us using the contact details on our Website.
5.2 Quotes
You must refer any of your enquiries relating to Quotes (including Broker Agreement, Regulatory Documents and Advice) to the relevant Broker via the Platform. We cannot answer any queries in relation to Quotes, Broker Agreement, Regulatory Documents or Advice.
5.3 Current Policies
You must refer any of your enquiries relating to Policies to the relevant Broker via the Platform. We cannot answer any queries in relation to Policies.
6. Claims
6.1 Making a claim
6.1.1 You may instruct your Broker to make a claim on your behalf under a Policy by selecting that option in the Platform.
6.1.2 You acknowledge and agree that we are not involved with any claim made under a Policy. The Platform merely facilitates you instructing the Broker to commence a claim.
7. Licence
7.1.1 Subject to these Terms and your compliance with them, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform. We reserve all rights, title and interest not expressly granted under this licence to the fullest extent possible under law.
7.1.2 Any use of the Platform not specifically permitted under these Terms is strictly prohibited.
8. Representations, warranties and no advice
8.1 Your warranties
By entering into these Terms and accessing the Platform, you represent and warrant that:
8.1.1 all information provided, and to be provided, in accordance with these Terms is accurate, complete and current;
8.1.2 you will use the Platform in accordance with these Terms;
8.1.3 you have not relied on any representation or statement by or on behalf of us to select any Quote or effect any Policy, and you have done so based solely on your own assessment and/or independent financial advice (including advice from the Broker); and
8.1.4 you have the capacity, power and authority to enter into these Terms and fully perform all of the duties and obligations referred to in these Terms.
8.1.5 You acknowledge that we have relied on your representations and warranties to open your Account and provide you with access to the Platform.
8.2.1 You expressly understand and agree that except as otherwise set out in these Terms, the Platform is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
8.2.2 We make no warranty that the Platform will:
a. be uninterrupted, timely, secure, or error-free;
b. the results that may be obtained from the use of the Platform will be accurate or reliable;
c. that any errors or defects in the Platform will be corrected; or
d. will meet all of your requirements.
8.2.3 Although considerable effort is expended to make the Platform and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.
8.2.4 You acknowledge and agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
8.2.5 This clause 8.2 will apply to the maximum extent permitted by applicable law.
8.2.6 Nothing in these Terms is intended to affect your statutory rights.
In providing the Platform, you acknowledge and agree that we are not providing any financial product advice in relation to any Quote or Policy. You are responsible for ensuring that a Quote or Policy meets your financial circumstances, needs and preferences and, if you are unsure, you should obtain your own independent advice from a professional adviser, including but not limited to a Broker.
8.4 Beta Features
From time to time, we may offer new features or tools with which you may experiment with on the Platform. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.
9. Fees and charges
9.1 Fees
You will not be charged any fees for using the Platform and/or any feature of the Platform.
9.2.1 We reserve the right to amend these Terms under clause 15 and impose and/or vary any fees or charges for accessing the Platform and/or any of the features of the Platform without your consent by giving you at least 20 days' written notice in compliance with the law.
9.2.2 Any changes will only apply to any requests or actions (as applicable) made on the Platform after the changes.
9.2.3 If you are unhappy with any of the changes, you may terminate these Terms in accordance with clause 13.2.
9.3 Referral fee
9.3.2 If a Financial Service Guide is provided to you, the details of any remuneration paid to us will be specified in that document.
9.3.3 You can also contact the Broker for more details about any remuneration paid to us under clause 9.3.1.
10. Indemnity and Liability
You indemnify us against, and must pay on demand, all amounts in respect of any action, claim, demand, loss, liability, and expense (including legal costs) of any nature and arising under any theory of liability (including tort, contract, statute or equity), that is incurred by us in connection with:
10.1.1 your breach of these Terms, including a breach of any representations or warranties made by you; and
10.1.2 your negligent or wrongful act or omission in connection with these Terms.
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with these Terms shall not exceed the Liability Cap at any given time, regardless of whether the liability arises under any breach of contract, tort (including negligence), statute, equity, contract or any other cause of action.
Neither you, nor us are liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, lost opportunity cost, loss of enjoyment.
11.1 Privacy Policy
11.1.1 We will collect, store, use and disclose your personal information in accordance with our Privacy Policy.
11.1.2 You must read our Privacy Policy and provide the Privacy Collection Statement before you first access the Platform.
11.1.3 We may change the Privacy Policy or Privacy Collection Statement from time to time by publishing an updated version on the Platform when you next log-in to your Account. You will need to agree to the updated Privacy Policy or Privacy Collection Statement before you can access your Account and submit any requests.
11.1.4 A Broker may also provide you with a copy of their Privacy Policy and Privacy Collection Statement. You must read the Broker's Privacy Policy and provide the Privacy Collection Statement as required by the Broker.
12. Intellectual Property
12.1 Intellectual Property rights
12.1.1 You acknowledge and agree that the Platform contains proprietary and confidential information that is protected by law.
12.1.2 Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, in whole or in part.
12.1.3 We grant you a personal, non-transferable and non-exclusive right and licence to use the Platform in accordance with these Terms.
12.1.4 You agree not to modify the Platform in any manner or form, or to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorised access to the Platform.
12.1.5 You agree not to access the Platform by any means other than through the Website or App or any other interface that is provided by us for use in accessing the Platform.
These Terms commence on the date you agree to them and will continue until terminated by you, or us in accordance with this clause 13.2.
13.2.1 Either you or we may terminate these Terms immediately by notice via the Platform.
13.2.2 If these Terms are terminated then the following will apply depending on whether you have any Current Policies:
a. if you do not have any Current Policies;
i. you cannot submit any new Quote requests;
ii. any submitted Quotes requests, which have not been agreed will be cancelled and withdrawn;
iii. you must only interact with Brokers in relation to Current Policies;
iv. you may download a copy of any Account records before your Account is closed under clause 1.7.1
v. you may request us to provide you with a copy of any Account records after your Account was closed under clause 1.7.1;
vi. your Account will be closed;
b. if you do have at least one Current Policy;
i. your Account will be suspended;
ii. you cannot submit any new Quote requests;
iii. any submitted Quote requests, which have not been agreed will be cancelled and withdrawn;
iv. you must only interact with Brokers in relation to Current Policies;
v. you may download a copy of any Account records before your Account is closed under clause 1.7.1;
vi. you may request us to provide you with a copy of any Account records after your Account was closed under clause 1.7.1; and
vii. you must notify us when your last Current Policy expires and will close your Account.
c. We will keep a copy of any information or data relating to your Account in compliance with the law.
14.1.1 We may transfer, or assign, our rights under these Terms without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.
15.1.1 We reserve the right to modify, update or otherwise alter these Terms.
15.1.2 We will notify you of any changes to the Terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your Account after the change. Any changes will apply to any requestions or actions on the Platform after the change.
15.1.3 If you are unhappy with any of the changes, you may terminate these Terms in accordance with clause 13.2.
16.1 Policy
If you have any disputes or complaints in relation to a Quote, Policy or any interaction or communication in the Platform, please contact your Broker or the Insurer.
16.2 Platform
If you have any disputes or complaints in relation to the Platform, please contact us using the contact details on the Website.
17.1.1 These Terms are governed by the law in force in the State of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that place.
17.1.2 Any failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
17.1.3 If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
17.1.4 Unless stated otherwise, all amounts in these Terms are exclusive of GST (if any).
17.1.5 No party will be liable to the other party for any failure to perform its obligations under these Terms during the time and to the extent that such performance is prevented by a Force Majeure Event. The party subject to a Force Majeure Event (the non-performing party) must notify the other party of the relevant details as soon as practicable after the Force Majeure Event occurs and endeavour to mitigate and remedy the effect of the Force Majeure Event and minimise the impact of the event on the other party.
In these Terms, unless the context indicates otherwise:
Account means the account we have created for you to use the Platform.
Advice means any document under which a Broker provides financial product advice within the meaning of the Corporations Act 2001 (Cth).
AFS means Australian Financial Services.
App means the CoverMy App that may be downloaded from AppleStore or GooglePlay.
Broker means an insurance broker who is an AFS licensee or representative of an AFS licensee.
Broker Agreement means any terms of engagement provided by a Broker in connection with a Quote.
Business Account means an Account set up in the name of a business, which may be:
a. A sole trader;
b. A proprietary limited company;
c. An unlisted public company;
d. A listed public company;
e. A foreign registered company;
f. A partnership;
g. A trust; or
h. An association.
CoverMy means CoverMy Pty Ltd t/as CoverMy ABN 645 593 193.
Current Policy means any Policy that you have purchased from the Broker via the Platform and which has not been terminated, cancelled or otherwise expired.
Disclaimers means the disclaimers and warnings published on our Website.
Financial Services Guide has the meaning given to that term under the Corporations Act 2001 (Cth).
Force Majeure Event means an event or circumstance beyond the reasonable control of any party (including a natural event or disaster, pandemic, act of war, revolution, strikes, lockouts and acts of government) which makes it impossible, impracticable or illegal for a party to perform its obligations under these Terms, but does not include lack of funds for any reason.
Individual Account means an Account set up in the name of an individual person.
Insolvency Event means:
a. being an insolvent under administration or insolvent (each as defined in the Corporations Act);
b. having a controller (as defined in the Corporations Act) appointed;
c. any step being taken by a mortgagee to take possession, or dispose, of the whole or any part of a party's assets, operations or business;
d. any step being taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator, a statutory manager or other like person in respect of the whole or any part of the party's assets or business;
e. any step being taken which could result in being subject to any arrangement, assignment or composition, protected from creditors under any statute or dissolved (other than to carry out a reconstruction while solvent);
f. being otherwise unable to pay debts when they fall due;
g. having something with the same or a similar effect happen under the laws of any jurisdiction; or
h. ceasing to carry on business.
Insurer means the insurer of your Policy.
Liability Cap means [insert dollar amount or calculation method].
Platform means the proprietary digital platform developed by us to provide users with access to Brokers for the purpose of obtaining Quotes and other functionality, which is accessible from the Website.
Policy means a general insurance policy.
Privacy Collection Statement means our Privacy Collection Statement accessible at https://www.covermy.com.au/privacy-collection-statement.
Privacy Policy means our privacy policy accessible at https://www.covermy.com.au/privacy .
Product Disclosure Statement has the meaning given to that term in the Corporations Act 2001 (Cth).
Profile means the questions about your specific insurance needs that is detailed in the Platform.
Quote means an insurance quote provided by a Broker for a Policy based on your Profile.
Regulatory Document means any or all of the following:
a. Financial Services Guide;
b. Product Disclosure Statement;
c. Statement of Advice;
d. Fee Disclosure Statement; or
e. Any other prescribed disclosure document a person must provide under the Corporations Act 2001 (Cth).
Statement of Advice has the meaning given to that term in the Corporations Act 2001 (Cth).
Terms means this agreement, together with any other documents incorporated by reference, including the Privacy Collection Statement, Privacy Policy and Disclaimers.
Website means CoverMy's website accessible from this link https://www.covermy.com.au/.
