Open Terms and Policies

Terms

EFFECTIVE 19 FEBRUARY 2020

Please read these Terms of Use. These Terms of Use, together with any conditions, notices and disclaimers contained elsewhere on our website (the “Website Terms”) govern your access and use of our website. By accessing and using this website you acknowledge and accept that you are bound by these Website Terms. These Website Terms apply to all users of our website, including consumers, and our business partners who access and use the Open Technology.

In these Website Terms any references to “us”, “we”, “our” or “Open” means Open Insurance Pty Ltd ABN 23 166 949 444 AFSL 451712, and any of its related bodies corporate. References to “you” or “your” includes your company and its related bodies corporate, and their employees and affiliates.

Any reference to:

• the Open Portal means the web-based system containing Open’s quoting, claims and policy administration user interfaces;
• the Open Technology Apps means the applications that Open offers to partners who have entered into an Authorised Representative Agreement or Distributor Agreement with Open; and
• the Open Platform means the APIs, SDKs, app keys, access tokens, and developer webpages that allow you to integrate with and use the Open Portal and the Open Apps, collectively, the Open Technology.

There may be other terms that apply to you. If you are an Authorised Representative or a referral partner of ours, you must also comply with:

• the terms of your agreement with us, such as our Authorised Representative Agreement, Distributor Agreement or Affiliate Agreement (Our Agreement); and
• the Open Terms & Conditions regarding the Open Technology.

If there is a conflict between these Website Terms and Our Agreement or the Open Terms & Conditions, the terms of Our Agreement will prevail.

The Open website

The information contained on this website may not be accurate or up to date in all respects. We do not warrant the accuracy or completeness of any information contained on this website. None of Open or any of its related companies, or their directors, accepts any liability for any reliance by any person on information contained on this website or in the Open Technology, or guarantees the performance of any particular financial product referred to in the Open Technology.

From time to time we may need to update these Website Terms and your continued use of this website means that you accept the updated Website Terms.

The information on this website is provided for Australian residents only, and where indicated, may be limited to specific states and territories of Australia. The law of New South Wales governs these Website Terms. On this website and in the Open Technology any currency references are references to Australian dollars unless otherwise specified.

This website may contain links to third party websites. Open and its related entities do not make any representations as to the content of any third party websites, and expressly disclaim that they operate any website other than this website and any other websites that are branded Open or Huddle Insurance.

Ownership of this website

All intellectual property on this website – including the Open trademarks and copyright in the information, text, graphics, services and other data – is owned by us and no part of this website may be reproduced, stored, modified, adapted, uploaded to another location or produced for display in any form without our prior written approval.

Information we provide

Open does not provide personal financial product advice. Any information provided to you by us is general information only, which when prepared, does not take into account your individual circumstances, objectives, financial situation or needs.

When considering any financial product available through the Open Technology, you should carefully read the relevant Product Disclosure Statement (“PDS”) to ensure the product is right for you. A copy of each PDS is available on this website.

The Insurer for general insurance products (unless otherwise specified) is the insurer specified in the PDS provided to you.

Your use of this website

You must not use our website in any of the following ways:

• Use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website.
• To accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without Open’s prior written permission.
• Use of high-volume, automated or systematic processes to obtain data or other information from this website.
• Compiling, repackaging or disseminating any information or data from this website.
• Accumulating data or information from this website whether or not using any automatic or manual process.
• Use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this website or any transaction or process conducted on or through this website.
• To use or reproduce any information or data from this web site other than as specifically permitted by these Website Terms.
• To incorporate into or store any information or data from this website in any other website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Website Terms.
• Combining or processing any data or information from this website with other data or information other than as specifically permitted by these Website Terms.
• Creating a link to this website from another website without Open’s prior written permission.
• Using this website other than as specifically permitted by these Website Terms.
• Any use of this website for an unlawful purpose or activity.
• Either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this website, or displaying in public, any part or content of this website without Open’s prior written permission or unless you have a non-excludable legal right to do so.

If you breach these Website Terms, you agree to indemnify us for any loss that we may suffer or any costs that may be incurred from your breach.

Any failure by us to exercise any right, power or remedy under these Website Terms shall not operate as a waiver of our rights.

Your Duty to Answer Honestly

Before you enter into, vary or renew this insurance policy with us, you have a duty to answer honestly and take reasonable care not to make any misrepresentations.

What does that mean?

This means you need to take reasonable care to provide honest, accurate and complete answers to any questions that we ask. This includes:

• checking the information we give you when you apply for, renew or change this policy; and
• letting us know if anything's changed or is inaccurate or incomplete.

If you don't correct the information, we'll take it that you agree with the information and that your answers are current, accurate and complete.

Why is this important?

We rely on your answers and information to decide whether we can insure you, on what terms and for what premium.

It's also important to understand that when you answer our questions, you're answering for yourself and anyone else to whom the questions apply.

If you aren't sure about the answers or the accuracy or completeness of the information, you should take the time to find out before giving a response.

If you don't take reasonable care in answering our questions or correcting the information, you may breach your duty. If that happens, your policy may be cancelled, or treated as if it never existed, and any claim may be denied or not paid in full.

If any question or information isn't clear to you and you need help, you can call us on 1300 811 224 or email help@beopen.com.

For information on what we do with your responses provided in your application please see our Privacy Policy.

Privacy

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and disclose the personal information you provide to us. You can also find information regarding how we handle your personal information in your Product Disclosure Statement.

You consent to the use, transfer and disclosure of personal information by us in accordance with our Privacy Policy, available on this website.

Registration and account security

Open users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on Open, or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will not use Open if you are under 17.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
• You will not transfer your account to anyone without first getting our written permission.

Verification

We will need to verify your identity before you can use certain parts of the Open Technology. Verification must be completed online and to the satisfaction of Open. Open may amend the verification requirements or require a user to complete additional verification at any time.

Commitment to community

In order to fix financial services, both we (at Open) and you (our customers) have to work hard to build new levels of trust and collaboration. Together, we’ll do this through our commitment to community.

We require all Open staff, partners and customers to commit to treating everyone in the Open community — regardless of their race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation, or age - with respect, and without judgement or bias.

Payments

If you make a payment using the Open Technology, you agree to payment terms relating to the specific product unless it is stated that other terms apply.

Termination

If you violate the letter or spirit of these Website Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Open Technology to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

How to make a complaint

If you have something you want to talk through or a complaint, we’ll always do our best to work with you to resolve it as quickly as possible.

We’ll do our best to help you with your concerns

Get in touch with one of our customer service consultants about your concerns, and they’ll do their best to resolve them. When you make your complaint please provide as much information as quickly as possible.

Call us on 1300 811 224 or email help@beopen.com about your concerns, and we’ll do our best to resolve them as quickly as possible. Please make sure to give us as much information as you can, so that we can best help you.

If we aren't able to resolve your concerns, we’ll escalate your complaint to our Customer Resolution Team. They’ll review your complaint and provide you with a response.

We’ll give you the contact details of the person looking after your complaint, and we’ll make sure to give you regular progress updates.

If we can’t resolve your complaint

If you aren’t happy with our decision, or we’ve taken more than 30 days to respond to you from the date you first made your complaint, you may contact the Australian Financial Complaints Authority (AFCA) at:

• Phone: 1800 931 678
• Post: GPO Box 3 Melbourne VIC 3001
• Website: www.afca.org.au
• Email: info@afca.org.au

The AFCA service is provided to you free of charge. A decision by AFCA is binding on us but is not binding on you. You have the right to seek legal assistance.

Limitation of Liability

Neither Open, its sub-contractors, associates nor related companies or their directors shall be liable in any way for any loss or damage suffered by you through your use of the Open Technology, including but not limited to loss or damage arising in connection with:

• your use of the Open Technology;
• any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Open Technology;
• the information provided on or via the Open Technology;
• the interception, modification or misuse of information transmitted to us or transmitted to you;
• the functioning or non-availability of the Open Technology;
• the misuse of the Open Technology;
• claims by third parties in connection with the use of the Open Technology;
• any loss or unauthorised access to any data or information that you provide to us when using the Open Technology; and
• any loss arising from unauthorised transactions arising from the use of your Account Credentials or Account Information.

Our liability for negligence, breach of contract or contravention of any Australian law as a result of our failure to provide the Open Technology or any part of it, or for any problems associated with your use of the Open Technology (including any loss of data or information you provide to us when using the Open Technology), which cannot be lawfully excluded by Australian law, is limited, at our option and to the maximum extent permitted by Australian law, to resupplying the Open Technology or any part of it to you, or to paying for the resupply of the Open Technology or any part of it to you or paying you a maximum of AUD$1,000.

Other

If the whole or any part of a provision of these Website Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Website Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Privacy

This privacy policy describes how Open Insurance Pty Ltd, which trades as Huddle Insurance, as well as its related companies Open Insurance Technologies Pty Ltd, Open Technology Services AU Pty Ltd and Open Technology Company Pty Ltd manage your personal information, including if you apply to work for us.

Our commitment to protecting your privacy

We believe that the privacy and security of your personal information is very important. That’s why we strive to protect the personal information we collect, and manage it in accordance with this privacy policy and Australian law, including the Privacy Act 1988 (Cth).

What kinds of information do we collect?

Things you do and information you provide

Depending on how you interact with us, we may collect certain personal information belonging to you, either from you, or from someone else, in accordance with this privacy policy or otherwise as permitted by Australian law. The personal information we may collect includes:

• your name, date of birth, sex;
• Information about your financial position;
• your professional qualifications, past employment history, Australian residency status and proof of identity;
• contact details such as your address, telephone number, email and social media handle;
• information relevant to allow us to decide whether we can offer you insurance cover or another product or service, including:

• underwriting information like your insurance claims history and in the case of vehicle insurance, your driving history; and
• financial institution account details, like your payment card or bank account number;

• information obtained as part of the assessment, processing, defence or recovery action related to an insurance claim, for example personal information contained in an interview or police report;
• details of other insurance policies you hold or have held;
• sensitive information such as health information (for example, where such information is relevant to underwriting an insurance policy or processing a claim) or criminal history (for example where such history is relevant to underwriting an insurance policy or processing a claim);
• your location or activity including the IP address of your electronic device (or similar technology), and whether you’ve accessed one or more third party websites; and
• other information which we are permitted to collect under Australian law.

We may also collect relevant personal information from you when you interact with us, for example when you agree to receive insurance offers or marketing communications from us, when you purchase or amend a product or other service through us, or when you make an insurance claim or utilise another service through us. We also collect information about how you use our products or services, such as the types of content you view or engage with, or the frequency and duration of your activities.

If you do not provide us with the personal information that we need, depending on your interaction with us, we may not be able to offer or continue to allow you to hold a product or service with us, or we may not be able to process or settle a claim made against an insurance policy. It is up to you whether you choose to provide the personal information we reasonably request.

Device information and cookie use

We collect information, which may include personal information about you, from or about the electronic devices on which you install or use to access our products or services such as online customer login, depending on the permissions you’ve granted and otherwise in accordance with Australian law. Our collection of information may also be through cookies, which are little text files that can reside in your computer for a time period. We may also use other technologies to track electronic communications we send you.

We may associate the information we collect from your different electronic devices, to help us provide consistent or improved products and services across your devices. We may also use the information we collect to analyse statistical information, enquire into potential security issues, know when you’ve received something we sent and to generally manage our IT systems. Here are some examples of the electronic device information we may collect:

• information about the electronic device’s operating system, hardware version, settings, file and software names and types, battery and signal strength, and its identifiers;
• its location, including specific geographic location, such as may be available through GPS, Bluetooth or WiFi signals; and
• connection information such as the name of your telephone or internet service provider (ISP), browser type, language, time zone, mobile phone number and IP address.

Depending on your computer or internet browser, you may be able to amend your cookie settings including to better alert you to their presence, if you wish. Please note that we may not be able to offer you all of our products, services or online functions if cookies are restricted or switched off on your device. We may also disclose certain information that we collect from cookies or other information technology with third parties, such as Google Analytics.

Information from third-party partners

We collect your personal information directly from you when we can or where it is appropriate for us to do so. However, there may be occasions where we collect your personal information from someone else, including:

• our authorised representatives, distributors, referrers, agents, business partners, affiliates, insurers or related companies;
• our service providers or professional advisors;
• third parties for the purposes of assessing or managing a claim. For example from a witness to an incident related to the claim or from a law enforcement body like the police;
• people you have authorised us to deal with about your policy or claim;
• the Australian Financial Complaints Authority or another external dispute resolution body like a tribunal or court;
• the Insurance Reference Services, by accessing its database, or similar information sharing database if operating at law;
• a referee when we conduct an employment reference check
• a third party insurance or other service provider that will no longer provide you a product or service, if they give us an opportunity to potentially promote or offer you a replacement product or service; and
• any other person or organisation with your consent, or if we are permitted by Australian law to collect it without your consent.

Our communications with you

We may record and securely store telephone conversations, as well as electronic communications such as emails and online chat sessions, to provide a clear record of your communication with us.

How do we take care of your personal information?

We care about the security of your personal information and we take steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Some of the ways we do this are:

• confidentiality requirements and privacy training of our employees;
• security measures to control access to our systems and premises;
• only giving access to personal information to a person who is verified to be able to receive that information;
• ensuring third parties who collect or require your personal information meet our privacy obligations; and
• electronic security systems, such as firewalls and data encryption on our website.

We only keep your personal information for as long as we require it for our business purposes or otherwise as permitted under Australian law. When we no longer require your personal information, we’ll ensure that it is securely deleted, destroyed or de-identified.

How do we use your personal information?

We will use your personal information for the purposes we collected it, as well as for relevant purposes which are permitted under Australian law. The purposes for which we may use your personal information include:

• handling your enquiries about a product, service or claim;
• considering your application for a product or service;
• pricing an insurance policy (including deciding what excess to offer and ascertaining if any discounts apply);
• providing, including communicating with you about, a product or service you’ve purchased from or through us;
• handling and processing claims, including permitted legal action;
• recovery activity;
• receiving and appropriately responding to complaints;
• managing our business operations (including our information technology infrastructure, websites, and statistical and maintenance purposes) and research and development;
• where permitted by law, communicating with you about our marketing offers, trade promotions or loyalty programs, or those of our business partners, as well as conducting market research. You can contact us at any time to ask us to unsubscribe you from these communications, or unsubscribe by following the link in the relevant communication;
• auditing, quality assurance and training;
• improving our products and services, including data analytics;
• considering your application to work, consult, contract or intern with us;
• considering whether we can offer you a replacement product for service when a third party insurance or other service provider will no longer provide you that product or service, and they give us an opportunity to potentially promote or offer you a replacement product or service; or
• any other purposes communicated to you at the time we collect your personal information or otherwise as permitted under Australian law.

When can we disclose your personal information to others?

We may disclose your personal information for the purposes for which we have collected it or for related permitted purposes or purposes otherwise permitted or compelled under Australian privacy law.

Here are some of the ways we may disclose your personal information:

• to our claim service providers, like car or home repairers and fulfilment providers;
• if we are required to by a court order, subpoena or other legal process;
• you have consented to us sharing it with a third-party for a particular purpose;
• If an insurance broker or other representative, who is acting on your behalf, has asked us for it;
• where it is necessary for a third party to assist us in providing our products and services, for example, the insurer, reinsurers, insurance intermediaries, insurance reference bureaus, lawyers, accountants, loss adjusters and others involved in the provision of products and services or claims handling processes;
• if we need to communicate with a financier of insured property;
• where it is reasonable for us to make enquiries into a claim made against our product or service. This includes making (or responding to) enquiries into such a claim with a law enforcement body like the police;
• if we can no longer offer you a product or service and we disclose relevant personal information to a third party insurance or other service provider that may be able to promote or offer you a replacement product or service; or
• for any other purposes which are within reasonable expectations or otherwise permitted under Australian law.

Some examples of these third parties that we may share your personal information with are:

• our authorised representatives, distributors, referrers, agents, business partners, affiliates;
• our insurers or underwriters;
• other third party insurance or service providers, but only to the extent explained in this Privacy Policy or otherwise permitted by Australian law;
• Insurance Reference Services (a member-based organisation supporting Australian general insurance company members with understanding policyholder claims history);
• our service providers;
• our professional advisers; or
• a witness of the claimed incident or someone else relevant to our reasonable enquiries into a claim, including a police officer.

Third-parties will only be provided with access to your information as is reasonably necessary or otherwise as permitted under Australian law.

Sharing outside of Australia

If your personal information is collected or supplied to an organisation outside of Australia we will ensure it will be held, used or disclosed only in accordance with Australian privacy law, including the Privacy Act 1988 (Cth). We may disclose personal information outside of Australia, including to countries in the European Union such as Ireland and Poland. We may otherwise store your information in cloud or other types of networked or electronic systems. As electronic or networked systems can be accessed from various countries via an internet connection, it is not always practicable to know in which country your information may be held. If your information is held in this way, disclosures may occur in overseas countries. If this occurs, we will ensure that it will be held, used or disclosed only in accordance with the law.

‍

When we update this privacy policy

From time to time we may need to update this privacy policy. We will show our updated policy on our website. Your continued use of our products and services after we update our privacy policy means that you accept the changed content.

How can I access or correct information about me?

We will always give you access to your personal information unless there is a legal reason why we won’t. You can ask us to access or correct your personal information that we hold by contacting us by:

Email:

Huddle Insurance: privacy@huddle.com.au

Open: privacy@beopen.com

Call:

Huddle Insurance: 1300 777 200

Open: 1300 811 224

We will give you access to your information in the form you want it where it’s reasonable and practical. Normally your access request will be free of charge. In certain circumstances we may charge you a small fee to cover our costs of providing you access. If we need to do so, we’ll always check with you first.

If we can’t give you access, we will tell you in writing and tell you the reason why. If you have a concern, you can contact us or make a complaint by following the information in our letter, or see the section below for how to contact us.

If you have a question or complaint about your privacy

If you have a question or complaint about how your personal information has been collected or managed, please let us know. We will have a look into it for you and respond to you. You can contact us by:

Chat:

Huddle Insurance: @ huddle.com.au

Open: @ beopen.com

Email:

Huddle Insurance: privacy@huddle.com.au

Open: help@beopen.com

Phone:

Huddle Insurance: 1300 777 200

Open: 1300 811 224

If we cannot resolve your privacy complaint, we will provide you with information about how you can refer it for external review to the Office of the Australian Information Commissioner (OIAC), or for certain privacy complaints, to the Australian Financial Complaints Authority (AFCA).

The effective date of this privacy policy is 15 December 2022.

‍

Open Terms and Conditions

EFFECTIVE 1 APRIL 2020

Introduction

These Open terms & conditions, together with the Documentation and any conditions, notices and disclaimers contained elsewhere on the Open Technology (the Open Terms & Conditions) describe your rights and responsibilities when using the Open Technology. By accessing and using the Open Technology you acknowledge and accept that you are bound by the Open Terms & Conditions.

Where applicable, the Open Terms & Conditions must be read in conjunction with the separate agreement between you and us, such as our:

• Authorised Representative Agreement;
• Distributor Agreement;
• Referrer Agreement;
• Broker Terms of Trade; or
• an insurance Intermediary Agreement,

(Primary Agreement).

If there is a conflict between the Open Terms & Conditions and the Primary Agreement, the terms of the Primary Agreement will prevail.

Definitions

Definitions set out in the Primary Agreement apply to the Open Terms & Conditions, as do the following definitions.

Authorised Users means your employees who are authorised by you to use the account and credentials associated with the Open Technology.

Broker means an insurance broker that has entered into a Primary Agreement with us.

Documentation means any documentation or written instructions we provide to you in relation to the Open Technology.

Insurer means an insurer that has entered into a Primary Agreement with us.

Open Apps means the applications that Open offers to some Partners, Brokers or Insurers..

Open Broker Portal means the web-based computer system containing Open’s quoting, claims and policy administration partner and broker interfaces.

Open Platform means the APIs (application programming interfaces), SDKs (software development kits), app keys, access tokens, and developer webpages that allow you to integrate with and use the Open Broker Portal, Open Portal and the Open Apps,

Open Portal means the web-based system containing Open’s quoting, claims and policy administration customer interfaces.

Open Technology means, collectively, the Open Broker Portal, the Open Portal, Open Apps and Open Platform.

Partner means a third party business that has entered into a Primary Agreement with us (other than an Insurer).

Services are references to the services we have authorised you to provide in the Primary Agreement.

Us, we, our or Open means Open Insurance Pty Ltd ABN 23 166 949 444 AFSL 451712, and any of its related bodies corporate or business partners.

you or your means the party who has entered into a Primary Agreement with us.

The basics

Changes to the Open Terms & Conditions

As our business evolves, we may change these Open Terms & Conditions. If we make a material change to these Open Terms & Conditions, we will provide you with reasonable notice. You can review the most current version of the Open Terms & Conditions by visiting www.beopen.com/terms.

Your continued use of the Open Technology constitutes your binding acceptance of the most current version of the Open Terms & Conditions

Your use of the Open Technology

You must, and must ensure that your Authorised Users, only use the Open Technology in accordance with the Open Terms & Conditions or any other written authorisation we give you.

You are responsible for configuring your information technology, computer programs and platform to access and use the Open Technology.

The Primary Agreement sets out provisions relating to information, data, security and privacy (amongst other things) that you also need to follow when using or interacting with the Open Technology.

You must not, and must not permit any of your Authorised Users or any third party, to:

• copy, reproduce, reverse engineer, translate, adapt, vary or modify the Open Technology;
• submit to the Open Technology any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
• lease, licence, rent, assign or otherwise make available the Open Technology in any form to any other person;
• imbed the SDK in any open source software;
• replicate, or attempt to replicate, the Open Technology or to compete with Open;
• attempt to derive source code, trade secrets or know-how of the Open Technology;
• extract, export or otherwise scrape the Open Technology for use other than for the purposes of providing the Services; or
• access or use the Open Technology in a manner that:
• is in violation of any law or regulation;
• compromises, breaks or circumvents any of our technical processes or security measures;
• creates a security vulnerability to Open or other Open Technology users;
• tests the vulnerability of our systems or networks; or
• exceeds any rate limits we set from time to time (without our prior written approval), or constitutes excessive or abusive usage.

You must and must ensure that your Authorised Users:

• only use the Open Technology for the purposes of providing the Services or any other use approved by us in writing;
• keep the Open Technology, the Documentation, and any related coding or materials, confidential and secure;
• restrict access to the Open Technology to your employees, agents, or service providers who must access it in order to perform the Services, and who are subject to confidentiality obligations the same as or more restrictive than those contained in the Open Terms & Conditions; and
• only use the SDK on domains and applications that we have expressly agreed in writing that you can use it.

Account and authentication

You must, and must ensure that your Authorised Users, only access (or attempt to access) the Open Technology by the means described in the Documentation.

We may provide you with an account and associated credentials in order to use the Open Technology. We may also provide you with credentials to use the APIs (API Keys).

You must not disclose any credentials to any other person or entity, other than your Authorised Users and must not allow any other person to use your API Keys or other credentials.

You must not, and must ensure that your Authorised Users do not, misrepresent or mask your identity when using the Open Technology.

You are responsible for:

• the information you provide in connection with your account and credentials;
• maintaining the confidentiality and security of your account and associated credentials; and
• any use of your account(s).

Account and authentication

You agree that we may monitor your use of the Open Technology to improve the Open Technology and Open’s other products and services, and to verify your compliance with the Open Terms & Conditions and any other agreements we have with you.

You must not interfere in any way with this monitoring. We may use any technical means to overcome this interference.

Changes to the Open Platform

Open is constantly evolving, so we need the flexibility to make changes to our SDK, APIs and other aspects of the Open Platform.

We reserve the right to make updates to the Open Platform from time to time, and at our sole discretion. We will provide you with reasonable notice of any such updates and any Documentation you will need in order to update your systems and processes.

Updates may adversely affect the manner in which your domain accesses or communicates with previous versions of the Open Platform. You must implement and use the most current version of the Open Platform and make any changes to your domain that are required as a result of such an update, at your sole cost and expense.

Your continued access or use of the Open Platform following an update or modification will constitute binding acceptance of the update.

We will continue to provide support for the most recent prior version of the Open Platform for a reasonable period, at our sole discretion.

Changes to the Open Platform

Open is constantly evolving, so we need the flexibility to make changes to our SDK, APIs and other aspects of the Open Platform.

We reserve the right to make updates to the Open Platform from time to time, and at our sole discretion. We will provide you with reasonable notice of any such updates and any Documentation you will need in order to update your systems and processes.

Updates may adversely affect the manner in which your domain accesses or communicates with previous versions of the Open Platform. You must implement and use the most current version of the Open Platform and make any changes to your domain that are required as a result of such an update, at your sole cost and expense.

Your continued access or use of the Open Platform following an update or modification will constitute binding acceptance of the update.

We will continue to provide support for the most recent prior version of the Open Platform for a reasonable period, at our sole discretion.

Maintenance and downtime

We may suspend or withdraw or restrict the availability of all or any part of the Open Technology for business or for routine or emergency maintenance. We will try to give you reasonable notice of any suspension or withdrawal.

Open Source Software

Some of the software required by or included in the Open Platform may be offered under an open source licence. Your use of any open source software is governed by the relevant open source software licence. Any open source software will be listed in the Documentation and clearly identified as open source software.

Feedback and suggestions

The more suggestions our business partners make, the better the Open Technology becomes. If you send us any feedback or suggestions regarding the Open Technology or Documentation there is a chance we will use it, so you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you.

If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.

Suspension of access to the Open Technology

We may suspend your access to Open Technology, without notice, if we believe you are in violation of these Open Terms & Conditions or the Primary Agreement.

If your authorisation under the Primary Agreement is suspended, then your access to the Open Technology is also automatically suspended.

Termination of licence

We may terminate your access to the Open Technology, without notice, if we believe you are in violation of the Open Terms & Conditions or the Primary Agreement.

If the Primary Agreement is terminated pursuant to its terms, your access to the Open Technology will also automatically be terminated.

Security and access

No promise is made that the Open Technology, or any content or features on it, will be available uninterrupted or error-free, or is immune from unauthorised access.

We may suspend or withdraw or restrict the availability of all or any part of the Open Technology for business or for routine or emergency maintenance. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the Open Technology through your internet connection are aware of the Open Terms & Conditions and other applicable terms and conditions, and that they comply with them.

You acknowledge that no data transmission over the internet can be guaranteed to be secure. We are not responsible for any interception or interruption of any communications through the internet or networks or systems outside our control. You are responsible for maintaining the security of your networks, servers, applications and data transmissions.

We will not have any responsibility in respect of any loss, destruction, alteration or disclosure of your data or content entered on to the Open Technology, which is caused by any third party.

Limitation of Liability

We make no warranties, and we disclaim all warranties, express or implied, including warranties of non-infringement, merchantability and fitness for a particular purpose.

We also disclaim all representations and warranties, express or implied, that the Open Technology satisfies all of your requirements, or will be uninterrupted, error-free or free from harmful components.

Open and its personnel will not be liable in any way for any loss or damage suffered by you through your use of the Open Technology, including but not limited to loss or damage arising in connection with:

• your use of the Open Technology;
• any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Open Technology;
• the information provided on or via the Open Technology;
• the interception, modification or misuse of information transmitted to us or transmitted to you;
• the functioning or non-availability of the Open Technology;
• the misuse of the Open Technology;
• claims by third parties in connection with the use of the Open Technology;
• any loss or unauthorised access to any data or information that you provide to us when using the Open Technology; and
• any loss arising from unauthorised transactions arising from the use of your account credentials or account information.

Our liability for negligence, breach of contract or contravention of any Australian law as a result of our failure to provide the Open Technology or any part of it, or for any problems associated with your use of the Open Technology (including any loss of data or information you provide to us when using the Open Technology), which cannot be lawfully excluded by Australian law, is limited, at our option and to the maximum extent permitted by Australian law, to resupplying the Open Technology or any part of it to you, or to paying for the resupply of the Open Technology or any part of it to you or paying you a maximum of AUD$1,000.

General legal stuff

If the whole or any part of a provision of the Open Terms & Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.

The remainder of the Open Terms & Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

You and we agree that the Open Terms & Conditions are governed by the laws of New South Wales, Australia and that the courts of New South Wales, Australia have exclusive jurisdiction.

The provisions of clauses relating to Warranties, Indemnities, Liability, Intellectual Property, Information Data and Security, Privacy, Notices, Waiver, Contra Proferentum and other miscellaneous provisions in the Primary Agreement apply in addition to the provisions set out here.

‍

Terms

EFFECTIVE 26 APRIL 2023

Please read these Terms of Use. These Terms of Use, together with any conditions, notices and disclaimers contained elsewhere on our website (the “Website Terms”) govern your access and use of our website. By accessing and using this website you acknowledge and accept that you are bound by these Website Terms. These Website Terms apply to all users of our website, including consumers, and our business partners who access and use the Open Technology.

In these Website Terms any references to “us”, “we”, “our” or “Open” means Open Insurance Limited, NZBN 94 290 481 447 97, FSPR no. 1001603, and any of its related bodies corporate. References to “you” or “your” includes your company and its related bodies corporate, and their employees and affiliates.

Any reference to:

• the “Open Portal” means the web-based system containing Open’s quoting, claims and policy administration user interfaces;
• the “Open Technology Apps” means the applications that Open offers to partners who have entered into a distribution or referral agreement with Open; and
• the “Open Platform” means the APIs, SDKs, app keys, access tokens, and developer web pages that allow you to integrate with and use the Open Portal and the Open Apps, collectively, the “Open Technology”.

There may be other terms that apply to you. If you are a distributor or a referral partner of ours, you must also comply with:

• the terms of your agreement with us, such as our distributor agreement or referrer agreement (“Our Agreement”); and
• the Open Terms & Conditions regarding the Open Technology.

If there is a conflict between these Website Terms and Our Agreement or the Open Terms & Conditions, the terms of Our Agreement will prevail.

The Open Website

The information contained on this website may not be accurate or up to date in all respects. We do not warrant the accuracy or completeness of any information contained on this website. None of Open or any of its related companies, or their directors, accepts any liability for any reliance by any person on information contained on this website or in the Open Technology, or guarantees the performance of any particular financial product referred to in the Open Technology.

From time to time we may need to update these Website Terms and your continued use of this website means that you accept the updated Website Terms

The information on this website is provided for New Zealand residents only. The content and terms of this Website is governed by New Zealand law. On this website and in the Open Technology any currency references are references to New Zealand dollars unless otherwise specified.

This website may contain links to third party websites. Open and its related entities do not make any representations as to the content of any third party websites, and expressly disclaim that they operate any website other than this website and any other websites that are branded Open or Huddle Insurance.

Ownership of this website

All intellectual property on this website – including the Open trademarks and copyright in the information, text, graphics, services and other data – is owned by us and no part of this website may be reproduced, stored, modified, adapted, uploaded to another location or produced for display in any form without our prior written approval.

Information we provide

Open does not provide personal financial product advice. Any information provided to you by us is general information only, which when prepared, does not take into account your individual circumstances, objectives, financial situation or needs.

When considering any financial product available through the Open Technology, you should carefully read the relevant policy wording to ensure the product is right for you. A copy of each current policy is available on this website or on the relevant insurance promoter’s website.

The Insurer for general insurance products (unless otherwise specified) is the insurer specified in the policy wording provided to you.

Your use of this website

You must not use our website in any of the following ways:

• Use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website.
• To accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without Open’s prior written permission.
• Use of high-volume, automated or systematic processes to obtain data or other information from this website.
• Compiling, repackaging or disseminating any information or data from this website.
• Accumulating data or information from this website whether or not using any automatic or manual process.
• Use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this website or any transaction or process conducted on or through this website.
• To use or reproduce any information or data from this website other than as specifically permitted by these Website Terms.
• To incorporate into or store any information or data from this website in any other website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Website Terms.
• Combining or processing any data or information from this website with other data or information other than as specifically permitted by these Website Terms.
• Creating a link to this website from another website without Open’s prior written permission.
• Using this website other than as specifically permitted by these Website Terms.
• Any use of this website for an unlawful purpose or activity.
• Either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this website, or displaying in public, any part or content of this website without Open’s prior written permission or unless you have a non-excludable legal right to do so.

If you breach these Website Terms, you agree to indemnify us for any loss that we may suffer or any costs that may be incurred from your breach.

Any failure by us to exercise any right, power or remedy under these Website Terms shall not operate as a waiver of our rights.

Your use of this website

We would like you to be aware of the following, when you apply for insurance under these Website Terms.

The information you give us will be used to confirm if we can offer you insurance, and if so on what terms, and to help with any claim you may make.

The answers you provide to the questions we ask are your legal disclosure, and must cover all people who may drive your vehicle, use your property or who live at your house or are otherwise to be covered under the policy. If the policy is to be for a company or trust, this includes any director, shareholder or trustee.

It’s your responsibility to answer the questions truthfully, accurately and completely and let us know immediately if your answers change. Otherwise, your claim may not be paid or your cover may be cancelled.

If any question or information isn't clear to you and you need help, you can visit huddle.com.au/help to arrange to speak to one of our friendly team members.

For information on what we do with your responses provided in your application please see our Privacy Policy.

Privacy

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and disclose the personal information you provide to us.

You consent to the use, transfer and disclosure of personal information by us in accordance with our Privacy Policy, available on this website.

Registration and account security

Open users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on Open or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will not use Open if you are under 17.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
• You will not transfer your account to anyone without first getting our written permission.

Verification

We will need to verify your identity before you can use certain parts of the Open Technology. Verification must be completed online and to the satisfaction of Open. Open may amend the verification requirements or require a user to complete additional verification at any time.

Commitment to community

In order to fix financial services, both we (at Open) and you (our customers) have to work hard to build new levels of trust and collaboration. Together, we’ll do this through our commitment to community.

We require all Open staff, partners and customers to commit to treating everyone in the Open community — regardless of their race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation, or age - with respect, and without judgement or bias.

Payments and insurance cover commencement

If you make a payment using the Open Technology, you agree to payment terms relating to the specific product unless it is stated that other terms apply. Any insurance cover purchased by you commences from the time and date stated on the Certificate of Insurance issued.

Termination

If you violate the letter or spirit of these Website Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Open Technology to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

How to make a complaint

If you have something you want to talk through or a complaint, we’ll always do our best to work with you to resolve it as quickly as possible.

We’ll do our best to help you with your concerns

Get in touch with one of our customer service consultants about your concerns, and they’ll do their best to resolve them. When you make your complaint please provide as much information as quickly as possible.

Call us on 04 886 1888 or email help@beopen.com about your concerns, and we’ll do our best to resolve them as quickly as possible. Please make sure to give us as much information as you can, so that we can best help you.

If we aren't able to resolve your concerns, we’ll escalate your complaint to our Customer Resolution Team. They’ll review your complaint and provide you with a response.

We’ll give you the contact details of the person looking after your complaint, and we’ll make sure to give you regular progress updates.

If we can’t resolve your complaint

If you aren’t happy with our decision, or we’ve taken more than two months to respond to you from the date you first made your complaint, you may contact the Insurance and Financial Services Ombudsman (IFSO) at:

• Phone: 0800 888 202
• Post: PO Box 10-845, Wellington 6143, New Zealand
• Website: www.ifso.nz
• Email: info@ifso.nz

IFSO’s services are provided to you free of charge. A decision by IFSO is binding on us. You have the right to seek legal assistance.

Limitation of Liability

Neither Open, its subcontractors, associates nor related companies or their directors shall be liable in any way for any loss or damage suffered by you through your use of the Open Technology, including but not limited to loss or damage arising in connection with:

• your use of the Open Technology;
• any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Open Technology;
• the information provided on or via the Open Technology;
• the interception, modification or misuse of information transmitted to us or transmitted to you;
• the functioning or non-availability of the Open Technology;
• the misuse of the Open Technology;
• claims by third parties in connection with the use of the Open Technology;
• any loss or unauthorised access to any data or information that you provide to us when using the Open Technology; or
• any loss arising from unauthorised transactions arising from the use of your account credentials or account information.

Our liability for negligence, breach of contract or contravention of any New Zealand law as a result of our failure to provide the Open Technology or any part of it, or for any problems associated with your use of the Open Technology (including any loss of data or information you provide to us when using the Open Technology), which cannot be lawfully excluded by New Zealand law, is limited, at our option and to the maximum extent permitted by New Zealand law, to resupplying the Open Technology or any part of it to you, or to paying for the resupply of the Open Technology or any part of it to you or paying you a maximum of NZD $1,000.

Other

If the whole or any part of a provision of these Website Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Website Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Privacy

This privacy policy describes how Open Insurance Ltd, which trades as Huddle Insurance, manages your personal information, including if you apply to work for us.

Our commitment to protecting your privacy

We believe that the privacy and security of your personal information is very important. That’s why we strive to protect the personal information we collect, and manage it in accordance with this privacy policy and New Zealand law, including the Privacy Act 2020. Personal information means information that can reasonably identify you, such as your contact details or insurance-related information.

What kinds of information do we collect?

Things you do and information you provide

Depending on how you interact with us, we may collect certain personal information belonging to you, either from you, or from someone else, in accordance with this privacy policy or otherwise as permitted by New Zealand law. Unless it would be inappropriate or unsafe, where you provide us with personal information about any other person, you confirm that you have the consent of that person to give such information and to authorise the use, storage and disclosure of that information in accordance with this privacy policy. The personal information we may collect includes:

• your name, date of birth, gender;
• Information about your financial position;
• your professional qualifications, past employment history, New Zealand residency status, right to work in NZ and proof of identity;
• contact details such as your address, telephone number, email and social media handle;
• information relevant to allow us to decide whether we can offer you insurance cover or another product or service, including:

• underwriting information like your insurance claims history and in the case of vehicle insurance, your driving history; and
• financial institution account details, like your payment card or bank account number;

• information obtained as part of the assessment, processing, defence or recovery action related to an insurance claim, for example personal information contained in an interview or police report;
• details of other insurance policies you hold or have held;
• sensitive information such as health information (for example, where such information is relevant to underwriting an insurance policy or processing a claim) or criminal history (for example where such history is relevant to underwriting an insurance policy or processing a claim);
• your location or activity including the IP address of your electronic device (or similar technology), and whether you’ve accessed one or more third party websites; and
• other information which we are permitted to collect under New Zealand law.

We may also collect relevant personal information from you when you interact with us, for example when you agree to receive insurance offers or marketing communications from us, when you purchase or amend a product or other service through us, or when you make an insurance claim or utilise another service through us. We also collect information about how you use our products or services, such as the types of content you view or engage with, or the frequency and duration of your activities.

If you do not provide us with the personal information that we need, depending on your interaction with us, we may not be able to offer or continue to allow you to hold a product or service with us, or we may not be able to process or settle a claim made against an insurance policy. It is up to you whether you choose to provide the personal information we reasonably request.

Device information and cookie use

We collect information, which may include personal information about you, from or about the electronic devices on which you install or use to access our products or services such as online customer login, depending on the permissions you’ve granted and otherwise in accordance with New Zealand law. Our collection of information may also be through cookies, which are little text files that can reside in your computer for a time period. We may also use other technologies to track electronic communications we send you.

We may associate the information we collect from your different electronic devices, to help us provide consistent or improved products and services across your devices. We may also use the information we collect to analyse statistical information, enquire into potential security issues, know when you’ve received something we sent and to generally manage our IT systems. Here are some examples of the electronic device information we may collect:

• information about the electronic device’s operating system, hardware version, settings, file and software names and types, battery and signal strength, and its identifiers;
• its location, including specific geographic location, such as may be available through GPS, Bluetooth or WiFi signals; and
• connection information such as the name of your telephone or internet service provider (ISP), browser type, language, time zone, mobile phone number and IP address.

Depending on your computer or internet browser, you may be able to amend your cookie settings including to better alert you to their presence, if you wish. Please note that we may not be able to offer you all of our products, services or online functions if cookies are restricted or switched off on your device. We may also disclose certain information that we collect from cookies or other information technology with third parties, such as Google Analytics.

Information from third-party partners

We collect your personal information directly from you when we can or where it is appropriate for us to do so. However, there may be occasions where we collect your personal information from someone else, including:

• our authorised representatives, distributors, referrers, agents, business partners, affiliates, insurers or related companies;
• our service providers or professional advisors;
• third parties for the purposes of assessing or managing a claim. For example from a witness to an incident related to the claim or from a law enforcement body like the police;
• people you have authorised us to deal with about your policy or claim;
• the Insurance & Financial Services Ombudsman Scheme or another external dispute resolution body like a tribunal or court;
• The Insurance Claims Register, by accessing its database, or similar information sharing database if operating at law;
• a referee when we conduct an employment reference check; and
• any other person or organisation with your consent, or if we are permitted by New Zealand law to collect it without your consent.

Our communications with you

We may record and securely store telephone conversations, as well as electronic communications such as emails and online chat sessions, to provide a clear record of your communication with us.

How do we take care of your personal information?

We care about the security of your personal information and we take steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Some of the ways we do this are:

• confidentiality requirements and privacy training of our employees;
• security measures to control access to our systems and premises;
• only giving access to personal information to a person who is verified to be able to receive that information;
• ensuring third parties who collect or require your personal information meet our privacy obligations; and
• electronic security systems, such as firewalls and data encryption on our website.

We only keep your personal information for as long as we require it for our business purposes or otherwise as permitted under New Zealand law. When we no longer require your personal information, we’ll ensure that it is securely deleted, destroyed or de-identified.

How do we use your personal information?

We will use your personal information for the purposes we collected it, or for a directly related purpose or purposes otherwise permitted or compelled under New Zealand law. The purposes for which we may use your personal information include:

• handling your enquiries about a product, service or claim;
• considering your application for a product or service;
• pricing an insurance policy (including deciding what excess to offer and ascertaining if any discounts apply);
• providing, including communicating with you about, a product or service you’ve purchased from or through us;
• handling and processing claims, including permitted legal action;
• recovery activity;
• receiving and appropriately responding to complaints;
• managing our business operations (including our information technology infrastructure, websites, and statistical and maintenance purposes) and research and development;
• where permitted by law, communicating with you about our marketing offers, trade promotions or loyalty programs, or those of our business partners, as well as conducting market research. You can contact us at any time to ask us to unsubscribe you from these communications, or unsubscribe by following the link in the relevant communication;
• auditing, quality assurance and training;
• improving our products and services, including data analytics;
• considering your application to work, consult, contract or intern with us; or
• any other purposes communicated to you at the time we collect your personal information or otherwise as permitted under New Zealand law.

When can we disclose your personal information to others?

We may disclose your personal information for the purposes for which we have collected it or for a directly related purpose or purposes otherwise permitted or compelled under New Zealand privacy law.

Here are some of the ways we may disclose your personal information:

• if we are required to by a court order, subpoena or other legal process;
• you have consented to us sharing it with a third-party for a particular purpose;
• if an insurance broker or other representative, who is acting on your behalf, has asked us for it;
• where it is necessary for a third party to assist us in providing our products and services, for example, the insurer, reinsurers, insurance intermediaries, insurance claims registers, lawyers, accountants, loss adjusters and others involved in the provision of products and services or claims handling processes;
• if we need to communicate with a financier of insured property;
• where it is reasonable for us to make enquiries into a claim made against our product or service. This includes making (or responding to) enquiries into such a claim with a law enforcement body like the police or other government agency; or
• for any other purposes which are within reasonable expectations or otherwise permitted under New Zealand law.

Some examples of these third parties that we may share your personal information, including insurance policy related information, with are:

• our claim services providers, like car or home repairers and fulfilment providers;
• any persons acting on your behalf;
• our authorised representatives, distributors, referrers, agents, business partners and affiliates;
• our insurers or underwriters;
• Insurance Claims Register (a member-based organisation supporting New Zealand general insurance company members with understanding policyholder claims history);
• our service providers;
• our professional advisers; or
• a witness of the claimed incident or someone else relevant to our reasonable enquiries into a claim, including a police officer.

Third-parties will only be provided with access to your information as is reasonably necessary or otherwise as permitted under New Zealand law.

By providing your personal information to us, you authorise us to disclose your personal information including policy-related information to the above entities and you consent to those entities using that information for the purposes of improving their product offerings.

Sharing outside of New Zealand

If your personal information is collected by or supplied to a company or someone else outside of New Zealand, we will ensure it will be collected and managed in accordance with New Zealand privacy law (including the Privacy Act 2020) or under a legal system which affords, overall, comparable privacy protections. We consider that the Australian legal system does this.

We may store your information in cloud or other types of networked or electronic systems. As electronic or networked systems can be accessed from various countries via an internet connection, it is not always practicable to know in which country your information may be held. If your information is held in this way, disclosures may occur in overseas countries. If this occurs, we will ensure that it will be held, used or disclosed only in accordance with the law.

When we update this privacy policy

From time to time we may need to update this privacy policy. We will show our updated policy on our website. Your continued use of our products and services after we update our privacy policy means that you accept the changed content.

How can I access or correct information about me?

We will always give you access to your personal information unless there is a legal reason why we won’t. You can ask us to access or correct your personal information that we hold by contacting us by:

Email:

Huddle Insurance: privacy@huddle.com.au

Open: privacy@beopen.com

Call:

Huddle Insurance: 03 568 0642

Open: 04 886 1888

We will give you access to your information in the form you want it where it’s reasonable and practical. Normally your access request will be free of charge. In certain circumstances we may charge you a small fee to cover our costs of providing you access. If we need to do so, we’ll always check with you first.

If we can’t give you access, we will tell you in writing and tell you the reason why. If you have a concern, you can contact us or make a complaint by following the information in our letter, or see the section below for how to contact us.

If you have a question or complaint about your privacy

If you have a question or complaint about how your personal information has been collected or managed, please let us know. We will have a look into it for you and respond to you. You can contact us by:

Email:

Huddle Insurance: privacy@huddle.com.au

Open: privacy@beopen.com

Call:

Huddle Insurance: 03 568 0642

Open: 04 886 1888

If we cannot resolve your privacy complaint, we will provide you with information about how you can refer it for external review to the Privacy Commissioner.

‍

This privacy policy applies from 19 April 2022.

‍

Open Terms and Conditions

EFFECTIVE 19 APRIL 2022

Introduction

These Open terms & conditions, together with the Documentation and any conditions, notices and disclaimers contained elsewhere on the Open Technology (the Open Terms & Conditions) describe your rights and responsibilities when using the Open Technology. By accessing and using the Open Technology you acknowledge and accept that you are bound by the Open Terms & Conditions.

Where applicable, the Open Terms & Conditions must be read in conjunction with the separate agreement between you and us, such as our:

• Distributor Agreement;
• Referrer Agreement;
• Broker Terms of Trade; or
• an insurance Intermediary Agreement,

(Primary Agreement).

If there is a conflict between the Open Terms & Conditions and the Primary Agreement, the terms of the Primary Agreement will prevail.

Definitions

Definitions set out in the Primary Agreement apply to the Open Terms & Conditions, as do the following definitions.

Authorised Users means your employees who are authorised by you to use the account and credentials associated with the Open Technology.

Broker means an insurance broker that has entered into a Primary Agreement with us.

Documentation means any documentation or written instructions we provide to you in relation to the Open Technology.

Insurer means an insurer that has entered into a Primary Agreement with us.

Open Apps means the applications that Open offers to some Partners, Brokers or Insurers.

Open Broker Portal means the web-based computer system containing Open’s quoting, claims and policy administration partner and broker interfaces.

Open Platform means the APIs (application programming interfaces), SDKs (software development kits), app keys, access tokens, and developer webpages that allow you to integrate with and use the Open Broker Portal, Open Portal and the Open Apps,

Open Portal means the web-based system containing Open’s quoting, claims and policy administration customer interfaces.

Open Technology means, collectively, the Open Broker Portal, the Open Portal, Open Apps and Open Platform.

Partner means a third party business that has entered into a Primary Agreement with us (other than an Insurer).

Services are references to the services we have authorised you to provide in the Primary Agreement.

Us, we, our or Open means Open Insurance Limited, NZBN 94 290 481 447 97, FSPR no. 1001603, and any of its related bodies corporate or business partners.

you or your means the party who has entered into a Primary Agreement with us.

The basics

Changes to the Open Terms & Conditions

As our business evolves, we may change these Open Terms & Conditions. If we make a material change to these Open Terms & Conditions, we will provide you with reasonable notice. You can review the most current version of the Open Terms & Conditions by visiting www.beopen.com/terms

Your continued use of the Open Technology constitutes your binding acceptance of the most current version of the Open Terms & Conditions.

Your use of the Open Technology

You must, and must ensure that your Authorised Users, only use the Open Technology in accordance with the Open Terms & Conditions or any other written authorisation we give you.

You are responsible for configuring your information technology, computer programs and platform to access and use the Open Technology.

The Primary Agreement sets out provisions relating to information, data, security and privacy (amongst other things) that you also need to follow when using or interacting with the Open Technology.

You must not, and must not permit any of your Authorised Users or any third party, to:

• copy, reproduce, reverse engineer, translate, adapt, vary or modify the Open Technology;
• submit to the Open Technology any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
• lease, licence, rent, assign or otherwise make available the Open Technology in any form to any other person;
• imbed the SDK in any open source software;
• replicate, or attempt to replicate, the Open Technology or to compete with Open;
• attempt to derive source code, trade secrets or know-how of the Open Technology;
• extract, export or otherwise scrape the Open Technology for use other than for the purposes of providing the Services; or
• access or use the Open Technology in a manner that:
• is in violation of any law or regulation;
• compromises, breaks or circumvents any of our technical processes or security measures;
• creates a security vulnerability to Open or other Open Technology users;
• tests the vulnerability of our systems or networks; or
• exceeds any rate limits we set from time to time (without our prior written approval), or constitutes excessive or abusive usage.

You must and must ensure that your Authorised Users:

• only use the Open Technology for the purposes of providing the Services or any other use approved by us in writing;
• keep the Open Technology, the Documentation, and any related coding or materials, confidential and secure;
• restrict access to the Open Technology to your employees, agents, or service providers who must access it in order to perform the Services, and who are subject to confidentiality obligations the same as or more restrictive than those contained in the Open Terms & Conditions; and
• only use the SDK on domains and applications that we have expressly agreed in writing that you can use it.

Account and authentication

You must, and must ensure that your Authorised Users, only access (or attempt to access) the Open Technology by the means described in the Documentation.

We may provide you with an account and associated credentials in order to use the Open Technology. We may also provide you with credentials to use the APIs (API Keys).

You must not disclose any credentials to any other person or entity, other than your Authorised Users and must not allow any other person to use your API Keys or other credentials.

You must not, and must ensure that your Authorised Users do not, misrepresent or mask your identity when using the Open Technology.

You are responsible for:

• the information you provide in connection with your account and credentials;
• maintaining the confidentiality and security of your account and associated credentials; and
• any use of your account(s).

Account and authentication

You agree that we may monitor your use of the Open Technology to improve the Open Technology and Open’s other products and services, and to verify your compliance with the Open Terms & Conditions and any other agreements we have with you.

You must not interfere in any way with this monitoring. We may use any technical means to overcome this interference.

Changes to the Open Platform

Open is constantly evolving, so we need the flexibility to make changes to our SDK, APIs and other aspects of the Open Platform.

We reserve the right to make updates to the Open Platform from time to time, and at our sole discretion. We will provide you with reasonable notice of any such updates and any Documentation you will need in order to update your systems and processes.

Updates may adversely affect the manner in which your domain accesses or communicates with previous versions of the Open Platform. You must implement and use the most current version of the Open Platform and make any changes to your domain that are required as a result of such an update, at your sole cost and expense.

Your continued access or use of the Open Platform following an update or modification will constitute binding acceptance of the update.

We will continue to provide support for the most recent prior version of the Open Platform for a reasonable period, at our sole discretion.

Maintenance and downtime

We may suspend or withdraw or restrict the availability of all or any part of the Open Technology for business or for routine or emergency maintenance. We will try to give you reasonable notice of any suspension or withdrawal.

Open Source Software

Some of the software required by or included in the Open Platform may be offered under an open source licence. Your use of any open source software is governed by the relevant open source software licence. Any open source software will be listed in the Documentation and clearly identified as open source software.

Feedback and suggestions

The more suggestions our business partners make, the better the Open Technology becomes. If you send us any feedback or suggestions regarding the Open Technology or Documentation there is a chance we will use it, so you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free licence to use any such feedback or suggestions for any purpose without any obligation or compensation to you.

If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.

Suspension of access to the Open Technology

We may suspend your access to Open Technology, without notice, if we believe you are in violation of these Open Terms & Conditions or the Primary Agreement.

If your authorisation under the Primary Agreement is suspended, then your access to the Open Technology is also automatically suspended.

Termination of licence

We may terminate your access to the Open Technology, without notice, if we believe you are in violation of the Open Terms & Conditions or the Primary Agreement.

If the Primary Agreement is terminated pursuant to its terms, your access to the Open Technology will also automatically be terminated.

Security and access

No promise is made that the Open Technology, or any content or features on it, will be available uninterrupted or error-free, or is immune from unauthorised access.

We may suspend or withdraw or restrict the availability of all or any part of the Open Technology for business or for routine or emergency maintenance. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the Open Technology through your internet connection are aware of the Open Terms & Conditions and other applicable terms and conditions, and that they comply with them.

You acknowledge that no data transmission over the internet can be guaranteed to be secure. We are not responsible for any interception or interruption of any communications through the internet or networks or systems outside our control. You are responsible for maintaining the security of your networks, servers, applications and data transmissions.

We will not have any responsibility in respect of any loss, destruction, alteration or disclosure of your data or content entered on to the Open Technology, which is caused by any third party.

Limitation of Liability

We make no warranties, and we disclaim all warranties, express or implied, including warranties of non-infringement, merchantability and fitness for a particular purpose.

We also disclaim all representations and warranties, express or implied, that the Open Technology satisfies all of your requirements, or will be uninterrupted, error-free or free from harmful components.

Open and its personnel will not be liable in any way for any loss or damage suffered by you through your use of the Open Technology, including but not limited to loss or damage arising in connection with:

• your use of the Open Technology;
• any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the Open Technology;
• the information provided on or via the Open Technology;
• the interception, modification or misuse of information transmitted to us or transmitted to you;
• the functioning or non-availability of the Open Technology;
• the misuse of the Open Technology;
• claims by third parties in connection with the use of the Open Technology;
• any loss or unauthorised access to any data or information that you provide to us when using the Open Technology; and
• any loss arising from unauthorised transactions arising from the use of your account credentials or account information.

Our liability for negligence, breach of contract or contravention of any New Zealand law as a result of our failure to provide the Open Technology or any part of it, or for any problems associated with your use of the Open Technology (including any loss of data or information you provide to us when using the Open Technology), which cannot be lawfully excluded by New Zealand law, is limited, at our option and to the maximum extent permitted by New Zealand law, to resupplying the Open Technology or any part of it to you, or to paying for the resupply of the Open Technology or any part of it to you or paying you a maximum of NZD $1,000.

General legal stuff

If the whole or any part of a provision of the Open Terms & Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.

The remainder of the Open Terms & Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

You and we agree that the Open Terms & Conditions are governed by the laws of New Zealand and that the courts of New Zealand have exclusive jurisdiction.

The provisions of clauses relating to warranties, indemnities, liability, intellectual property, information data and security, privacy, notices, waiver, contra proferentem and other miscellaneous provisions in the Primary Agreement apply in addition to the provisions set out here.