Australia Terms and Policies

EFFECTIVE 19 FEBRUARY 2020

Terms

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

Call us on +61 7 5230 8449 to discuss your concerns, and we'll do our best to resolve them as quickly as possible. Alternatively, you can reach us by emailing complaints@au.beopen.com.

Please provide as much information as possible so we can assist you effectively.

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 handling your complaint and provide 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: 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.