Jardine Lloyd Thompson

Swimming Australia – Insurance Programme

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TERMS & CONDITIONS OF USE

Welcome to the Swimming Australia National Insurance Program web site (“the Web site”). Please take a moment to read carefully the following Web site Terms & Conditions of Use (“Terms of Use”) before using the web site.

By using or visiting the Web site, you expressly agree to be bound by these Terms of Use and the associated Privacy Policy and to follow all applicable laws and regulations governing the Web site. Jardine Lloyd Thompson Pty Ltd reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Web site. Please check this page of the Web site periodically. Your continued use of the Web site following any changes to these Terms of Use will be deemed acceptance of those changes.

In the event of your violation of these Terms of Use, JLT may take appropriate legal action against you.

About the Web site

This Web site is owned and operated by JLT (ABN 69 009 098 864 and AFSL 226827) for the JLT Swimming Australia National Insurance Program.

In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of the Web site, parts of the Web site, or to products and services offered via the Web site. You will be bound by these additional terms, as applicable.

The Web site is created to provide you with general information and provide you with direct access to the Personal Injury Product Disclosure Statement (PDS). If you have any difficulties in accessing the PDS please contact us by telephone on 1300 130 373.

Personal Use of Materials

JLT authorises you to print, copy, re-produce and download materials on the Web site, subject to the material not being modified in any manner. JLT expressly authorises you to access, view and print the Personal Injury PDS available on the Web site.

With the exception of any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of the Web site may be reproduced without the written permission of JLT.

Where you download material (including software) from the Web site, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (“Software”) will be licensed to you by JLT. You are expressly prohibited from selling, distributing, compiling, reverse engineering or otherwise dealing with the Software in such a manner.

Commercial use of Materials

Printing, copying, downloading, reproduction or distribution of material from the Web site for commercial use of any kind is expressly prohibited without JLT’s prior written consent. JLT expressly authorises you to access, view and print the Personal Injury PDS available on the Web site.

Information on the Web site

This Web site has been prepared from information believed to be accurate and reliable at the time it was sourced. JLT at all times will use reasonable efforts to update the Web site on a regular basis, however JLT at no time makes any representation as to the accuracy, currency or completeness of any information on the Web site. All information and services on the Web site are provided on an “as is” basis, without any express or implied warranty and you agree that your use of the information and/or services are entirely at your own risk.

Login and PIN

In the event that you are provided with a PIN to access parts of the Web site, you are responsible for ensuring that the PIN and login details are kept secure and confidential and further that use of this aspect of the Web site is for authorised purposes only.

Links to third party Web sites

The Web site may provide the service of access to other Web sites on the internet via hyperlinks located on this Web site (“Linked Sites”). At all times JLT uses reasonable measures to review the Linked Sites, however JLT is not responsible for the accuracy, legality, and decency of material or copyright compliance of these Linked Sites. JLT does not sponsor, endorse, or approve the operators of Linked Sites, or the Linked material which may be found at these Web sites. You must ensure that you read all relevant terms and conditions applicable to the use of the Linked sites, including any other JLT operated sites.

Completing transactions over the Web site

When entering into a transaction via the Web site JLT may act on and process all completed electronic instructions transmitted or issued through the Web site without further consent from or reference to you and JLT 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.

Warranties

Every effort has been made to ensure that information is free from error, however JLT does not warrant the accuracy, adequacy or completeness of material on the Web site. All information is subject to change without notice. JLT does not guarantee that the Web site or third party Web sites will be free from any virus, or that access to the Web site or third party Web sites will be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, JLT and its related entities, and its directors, employees, agents and contractors, are not liable to you for any loss, damage, liability, claim and expense (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 Web site, to third party material, third party services, or to access of the Web site by you, howsoever caused, whether in contract, tort, including negligence, statute or otherwise.

Indemnity

At all times you shall indemnify JLT and its related entities, in respect of any liability incurred by JLT for any loss or damage, however caused, suffered by JLT as a result of your breach of any of the Web site Terms of Use, or your use of the Web site.

No Investment or Personal advice

At no time does the Web site purport to provide you with investment, financial or personal advice of any kind. At no time does the information available via the Web site take into consideration your individual financial, insurance or personal requirements. JLT recommends that you seek independent legal advice prior to acting upon material contained on both the Web site or any third party Web site.

Availability of the Web site

Electronic services can be subject to both interruption and breakdown from time-to-time. Access to the Web site is offered on a strict “as is” basis and “as available” basis only. It is your responsibility to ensure you have alternative contingency arrangements in place to enable you to conduct insurance or other transactions by other means should the Web site be unavailable at any time and for any reason.

JLT is entitled to impose limits or restrictions on the use you make of the Web site. JLT may at any time withdraw the Web site and without notice to you.

Outsourcing to third party Providers

Parts of the Web site, or the provision of other services offered via the Web site may be outsourced to third party Providers. The Terms of Use apply equally to any and/or all outsourced services, unless you are alternatively notified.

Copyright

Copyright in the material on the Web site is at all times owned or licensed by JLT. Except where necessary for and incidental to viewing the material on the Web site, or as permitted under the Copyright Act 1968 (Cth), or other relevant laws, no material on the Web site may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form whatsoever by any method whatsoever without the prior written consent of JLT.

Termination

JLT Terms of Use and your access to the Web site may be terminated by JLT at any time without any prior notice being given to you. Restrictions, licences granted by you, disclaimers and limitations of liability shall survive any such termination, upon which any access you have to the Web site will be thus terminated.

Jurisdiction

This agreement is construed according to and is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in and of New South Wales in relation to any matters arising under this agreement or in relation to the Web site.