Website Terms of Use

General

This website, www.cloverinsure.com.au, (“Website”) is operated by Clover Insurance Pty Ltd ABN 19 653 550 371, AFSL 538528 and its related bodies corporate (as defined under the Corporations Act 2001 (Cth) (“Clover”, “we”, “us”, and “our”). This Website includes information, tools and links related to our online services and accounts for our members (together, the “Services”).

By accessing and using this Website and our Services, you agree to comply with these terms and conditions, including our Privacy Policy available at www.cloverinsure.com.au/privacy (together, the “Terms of Use”). We note that the Privacy Policy sets out the information which we may gather about you through your use of the Website and the ways in which we will or may use that information. Please review the Privacy Policy before accepting these Terms of Use.   

You acknowledge that we may make changes to these Terms of Use from time to time. Since you are bound by these Terms of Use, you should review them periodically. Your continued use of this Website following any changes constitutes your acceptance of such changes. If you do not agree to any variation of these Terms of Use, you should immediately cease using this Website and our Services.

These Terms of Use replace any other Terms of Use published for this Website to date. 

Insurance products and general disclaimer

This Website contains information of a general nature about us and insurance products (“Products”). Full details of any Products are contained in the applicable policy documentation made available through your insurance broker.

We do not represent or give any warranty of reliability, accuracy, currency or completeness of any of the Products’ information supplied to us by insurance brokers, insurers or other third parties and we do not accept any responsibility for loss, claim or damage which you may suffer as a result of any errors or omissions in the Products’ information provided (unless any liability cannot be excluded by law).

Further, this Website does not, and does not purport to, provide you with financial product or investment advice of any kind. The information available on this Website does not take account of your individual objectives, financial position or needs. We suggest that you seek independent advice before acting upon any information found on our Website or any website made available by a third party.  However, if information contained within the Website includes statements, estimates and projections with respect to anticipated future performance or events. Any such statements, estimates and projections are given as opinions only and reflect various assumptions by us which may or may not prove to be correct. No representations or warranties are made as to the validity of those assumptions or the accuracy of those statements, estimates or projections.

Use of this Website and Services

When using this Website and/or the Services, you agree that you will not (either through yourself or via a third party):

1. use the Website and/or Services in a way that breaches, or that may breach any law or regulation;
2. use the Website and/or Services in a way that may cause us to be in breach of any law or regulation;
3. use the Website and/or Services in a way that may damage the good name or business reputation of us or any third party;
4. be abusive, defamatory, discriminatory, obscene, threatening or otherwise offensive or provide content which is any of these things;
5. harass stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
6. send unsolicited communications;
7. use the Website and/or Services in a manner which imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this Website;
8. copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, modify, or create derivative works from any part of this Website and/or the Services;
9. distribute a computer virus or any malicious code or program that may interfere with the proper working of this Website; or
10. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any web pages on any of this Website.

System integrity

When using this Website, you must not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity conducted at this Website.

Intellectual property

You acknowledge that all copyright in the software, design, text, graphics, and material located on this Website (“Website Material”) is owned by or licensed to us. This Website also contains registered trade marks which are protected under law. You must not use any of the trade marks appearing on this Website or our name and logo (including any trade marks, names or logos of our related bodies corporate) without our prior written consent, or the prior written consent of the relevant third party.

We grant you a non-exclusive and revocable licence to store an instance of the content of this Website (in an unaltered form) for the sole purpose of viewing the content in your use of this Website and our Services in accordance with these Terms of Use.

Unless otherwise set out under these Terms of Use, nothing under these Terms of Use grants either you or Clover a right to the other’s intellectual property.

How we use your data

You agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence (including the right to grant sub-licences) to use any content you provide or data and information generated through your use of this Website and the Services for the purposes of Clover’s continual development and improvement of the Website and the Services.

Third Party Sites and Material

This Website may contain links to external websites or applications which are owned or operated by third parties independent of us (“Third Party Sites”). Such Third Party Sites include material (including services, systems, information, graphics, or data) (“Third Party Material”), which we have not reviewed and for which we accept no responsibility.

Subject to any applicable law which cannot be excluded, Clover makes no warranties or representations:

1. regarding the accuracy, merchantability, quality, or fitness for purpose of any Third Party Material or products or services made available through the Third Party Websites;
2. that any Third Party Material does not infringe the intellectual property rights of any person;
3. that Clover is authorising the reproduction of any Third Party Material by linking this Website to the Third Party Material; or
4. that linking the Website to any Third Party Sites implies any approval or endorsement by us of such Third Party Site, the products or services provided by them, or any association with its operators.

Third Party Software

Unless otherwise indicated, software or downloads available via links from the Website are Third Party Material. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, we accept no liability in respect of such third party products and we provide no warranty and gives no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

Privacy

We are committed to protecting your privacy. Please read our Privacy Policy for information about how we collect, use, and disclose the personal information you provide to us.

Warranties

While we have made every effort to ensure that content made available by us on the Website is free from error, we make no representation, guarantee or warranty in relation to the accuracy, adequacy or completeness of the content on this Website or our Services. Clover excludes all guarantees and warranties of any kind, express or implied (however this does not include any Non-excludable Guarantee for which we are liable: See the section below titled “Limitation of liability).  We also do not represent, warrant or guarantee that your access to this Website or our Services, or to any Third Party Site or third party services will be free from viruses, uninterrupted, or error-free.

If you discover an error or have reason to believe that unauthorised access of the Website or use of the Services has occurred, please inform us via the ‘Contact Us’ page so we can take steps to correct errors or respond to the unauthorised use or access.

Limitation of liability

To the maximum extent permitted by law, Clover and its directors, employees, agents, contractors and related bodies corporate, are not liable to you, whether in contract, tort including negligence, statute or otherwise, 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 in connection to this Website, any content on this Website, any Third Party Material or services, access (or lack of access) to this Website by you, or damage caused by a virus or other technologically harmful material that may affect your computer equipment, computer programs, data and proprietary material, however caused.

Nothing under these Terms of Use exclude any implied condition, warranty, right or guarantee if that exclusion would contravene any statute (including the Australian Consumer Law) or cause any part of these Terms of Use to be void (“Non-excludable Guarantee”). Our total liability to you for a breach of any such Non-excludable Guarantee is limited at our option to:

• the supplying of the Services again; or
• the payment of the cost of having the Services supplied again.

Indemnity

You indemnify us (and any of our related bodies corporate) from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct or use of the Website or our Services, your breach of provisions of these Terms and Conditions, or your breach of any rights of third parties.

Availability of our website

We reserve the right at any time to modify or discontinue this Website and/or the Services (either temporarily or permanently), in whole or in part, for the purposes of technical maintenance, upgrades, or legal or regulatory reasons.  Where practicable, we will endeavour to provide you with notice of discontinuance.

Any cost associated with accessing this Website is your responsibility.

Termination

These Terms of Use and/or your access to this Website and/or Services may be terminated or suspended at any time by us where we believe (acting reasonably) that you have breached any of these Terms of Use or you have infringed the rights of a third party (including intellectual property rights). We will endeavour to provide you with notice of any such termination or suspension however that may not always be possible in the circumstances. You may terminate your use of this Website at any time. However, all disclaimers and limitations on liability by us will survive any termination.

Entire agreement

Unless otherwise agreed in writing, these Terms of Use (and to the extent relevant the Privacy Policy and the PAS Terms) state all the express terms of the agreement between you and Clover in respect of the subject matter of these Terms. It supersedes all prior discussions, negotiations, understandings and agreements in respect of the subject matter of these Terms.

Waiver

Neither party may rely on the other party’s words or conduct as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver. A “Waiver” includes an election between rights and remedies and conduct which might otherwise give rise to an estoppel.

Invalidity and enforceability

Should any term or part of these Terms of Use be found to be void, unenforceable or invalid, then that term 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.

Governing law

The law applicable to this Website is the law of New South Wales, Australia. By using this Website, you irrevocably submit to the jurisdiction of the courts of the state of New South Wales, Australia.

The information on this website is provided for Australian residents only, and where indicated, may be limited to specific states and territories of Australia.

Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use.

These are the current Terms of Use. They replace any other Terms of Use for the Website published on the Website to date. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation, however we will also use reasonable efforts to advise you of any pending or actual variation. If you do not agree to any variation to these Terms of Use, you should immediately cease using the Website.

We reserve any rights not expressly granted in these Terms of Use.

These Terms of Use are last updated on 8 August 2022