These Website Terms of Use (Terms) apply when you access or use the Whitbread website and any form, tool, payment facility, quote or application portal that Whitbread identifies as being subject to these Terms (Website).
By accessing or using the Website, you agree to the provisions applying to general website use. Where the Website enables you to submit an application, give an instruction or complete a transaction, you may also be asked to actively accept these Terms and any declarations or additional terms applying to that activity.
In these Terms, “Whitbread”, “we”, “us” or “our” means Whitbread Associates Pty Ltd (ABN 69 005 490 228, AFSL 229 092) trading as Whitbread Insurance Brokers. “You” means the person accessing or using the Website and, where applicable, the person or entity on whose behalf that person acts.
Additional terms, declarations and notices may apply to a particular product, service, application, payment or other transaction. These will be made available at the relevant point and apply in addition to these Terms.
These Terms don’t contain all the terms of an insurance product and don’t replace an insurance contract or disclosure document. Before applying for or purchasing insurance, you should read the applicable Financial Services Guide (FSG), Product Disclosure Statement (PDS), Target Market Determination (TMD), policy wording, quote, schedule, endorsements, privacy information and any declarations presented to you.
If there’s an inconsistency about insurance cover, the applicable policy wording, schedule and endorsements prevail. If there’s an inconsistency about an application, payment or transaction, the specific terms, declarations or documents presented for that activity prevail to the extent of the inconsistency. These Terms do not amend an insurance contract.
Unless it’s expressly identified otherwise, information made available to the public through the Website is general information only. It hasn’t been prepared taking into account your objectives, financial situation or needs and isn’t personal advice or a recommendation that a product or service is suitable for you. If any Website content constitutes general financial product advice, you should consider whether it’s appropriate for your circumstances before acting on it.
Any personal advice will be provided separately by an appropriately authorised Whitbread representative and won’t arise merely because you access or use the Website. You should review the relevant information and product documents before making a decision.
You must use the Website lawfully and follow any instructions displayed during use. You’re responsible for reviewing the information, selections, calculations and documents shown before submitting an application, payment, instruction or other transaction.
If you use the Website for another person or entity, you confirm that you have current authority to act for them and to provide information, make declarations, give instructions and complete any transaction on their behalf. Whitbread or another relevant provider may ask for evidence of your identity, role, appointment, delegation or authority.
You must provide information that’s complete, accurate and not misleading and promptly correct any error or omission you identify. You shouldn’t assume that information retained from an earlier quote, policy, renewal, payment, application or interaction remains correct.
Where the Website allows you to request an insurance quote or submit an application, the request will be assessed using the information you provide and the eligibility and underwriting requirements applying to the relevant product. Submitting information or completing an application doesn’t guarantee that a quote or insurance will be offered. Further information may be requested, or an application may be referred for review or declined.
A quote is valid only for the period and subject to the conditions stated in the quote. Insurance cover begins only when the insurer or its authorised agent has agreed to provide cover and a schedule or other binding confirmation has been issued showing the commencement date, subject to the applicable policy and payment terms.
An application, indicative premium, automated acknowledgement, payment authorisation or debit doesn’t by itself confirm that cover has commenced. You should review the insured entity, property, commencement date, sums insured, excesses, limits, endorsements and other details shown in the final documents and contact Whitbread promptly if they don’t reflect the cover requested.
The Website may allow you to pay invoices, insurance premiums or other amounts through Whitbread or a third-party payment provider. Before making a payment, you should check that the amount, payment reference and recipient are correct and review any fees or charges shown.
By submitting payment details, you confirm that you’re authorised to use the selected payment method and authorise the relevant payment provider to process the payment. Third-party payment services may also be subject to separate terms and privacy information presented when you make the payment.
A payment receipt confirms only that the payment has been processed or received. It doesn’t by itself create, renew, vary or reinstate insurance cover. Any cancellation, adjustment or refund is governed by the applicable policy, invoice, payment terms and law.
Where you agree to receive documents, notices or other communications electronically, you’re responsible for providing an accurate email address, monitoring it and retaining copies of the documents supplied to you. You should contact Whitbread promptly if your details change or you have difficulty accessing a document.
Whitbread handles personal information in accordance with the privacy policy and any collection notice applying when the information is collected. Information may be disclosed to insurers, underwriting agents, technology and payment providers, claims service providers and other parties involved in providing the relevant product or service, as explained in the applicable privacy information.
You shouldn’t provide another person’s personal information unless you’re authorised to do so and have made any disclosure required to that person.
You must take reasonable steps to protect any device, login, link, one-time code or account used to access the Website and promptly notify Whitbread if you suspect unauthorised access or fraud.
You mustn’t use the Website unlawfully, impersonate another person, introduce malicious code, interfere with security or operation, test vulnerabilities without written permission, scrape content, automate submissions or attempt to obtain unauthorised access to information, systems or accounts.
We take reasonable steps to keep the Website available, secure and accurate, but we cannot guarantee uninterrupted or error-free operation. Access may be interrupted or suspended for maintenance, security, third-party outages or other operational reasons.
If you suspect an error in a quote, payment, document or confirmation, stop and contact Whitbread. Genuine administrative, typographical, calculation or system errors may be corrected, subject to applicable law and any rights created by a contract that’s already been validly formed.
If an application, payment or instruction is time-sensitive and you don’t receive confirmation that it’s been received or completed, you should contact Whitbread rather than assume it has been processed.
Some Website functions may be supplied or operated by third parties on Whitbread’s behalf. These Terms apply to those functions where Whitbread identifies them as being subject to these Terms. The third party’s own terms and privacy information may also apply where presented.
The Website may also contain links to websites, documents or services that aren’t operated by or on behalf of Whitbread. Unless we expressly state otherwise, Whitbread doesn’t control those third parties or their content, and a link doesn’t constitute an endorsement. You should review the terms and privacy policies applying to a third-party service before using it.
Unless otherwise stated, the Website and its content, design, branding, text, graphics, software and materials are owned by or licensed to Whitbread and are protected by intellectual property laws. You may access the Website and download documents made available to you for lawful personal or internal business use. You mustn’t reproduce, adapt, distribute or commercialise Website content except as permitted by law or with prior written permission.
Nothing in these Terms excludes, restricts or modifies a right, remedy, guarantee or liability that can’t lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, Whitbread isn’t responsible for loss arising solely from your unlawful or improper use of the Website, information you provide that’s incorrect or incomplete, unauthorised use of your access details that isn’t caused by Whitbread, or reliance on general Website information instead of the documents applying to a particular product or transaction. Any limitation in these Terms operates only to the extent that it’s lawful and reasonable in the circumstances.
If you have a complaint about Whitbread or the Website, contact Whitbread using the details in the applicable FSG or Whitbread Complaints Policy. A complaint concerning another provider’s conduct, decision, product administration or claims handling may be referred to that provider under the relevant complaints arrangements. The applicable FSG, PDS or complaints information will explain the internal and external dispute-resolution options that may be available, including the Australian Financial Complaints Authority.
We may update these Terms by publishing a revised version and effective date. A later version won’t retrospectively alter a contract or transaction already formed, except as permitted by that contract, a later agreement or law.
We may suspend or restrict access to all or part of the Website where reasonably necessary to protect users, systems or third parties, investigate suspected misuse, comply with law or respond to security or operational issues. Suspending Website access doesn’t itself cancel an insurance policy or another contract.
These Terms are governed by the laws of Victoria, Australia. This provision doesn’t remove any non-excludable right you may have to bring proceedings elsewhere.
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