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2016 Optimum Insurance Services Pty Ltd ACN 114 808 623 ABN 62 114 808 623.

Disclaimer

The information contained in this site is current as at 12th January 2016. The information is only intended to be of a general nature and should not be relied upon by any part without obtaining full details of the product or service sought by calling Optimum Insurance Services Pty Ltd on 1300 739 861 or by Email service@optimuminsurance.com.au.

All product details, terms, conditions and other information are subject to change at any time without notice. Terms, conditions and fees apply to the various products and services are available on request.

Transactions made through this site will generally be acknowledged immediately but may not be processed until the next working day.

Optimum Insurance Services Pty Ltd will not be liable for any loss caused by unauthorised access or breach of security through this site and will not be liable for any loss or damage if a transaction is not effected or is delayed or is in error, for any reason.

Subject to any terms implied by law and which cannot be excluded, Optimum Insurance Services Pty Ltd accepts no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation in this site.

Optimum Insurance Services Pty Ltd do not guarantee the accuracy of information provided by third parties linked to this site and makes no representation of affiliation or endorsement of any goods or services associated with linked sites. Any links to sites maintained by any third party are provided for the reference and convenience of users only.

Terms and Conditions of the Optimum Insurance Website

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. Optimum Insurance Services Pty Ltd ("we" or "us") offers access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now.

1. Ownership

We, along with our product and information providers ("Providers"), own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site, but you may download, display and print one (1) copy of the materials presented on our site on a single computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site ("Marks") are our, and our Providers, registered and common law Marks. Your use of and access to our site does not grant you any licence or right to use any of the Marks. You will not use any automatic device, or manual process to monitor materials available through our site.

2. Use of Site

You may only use our site if you have capacity to enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your account information. You may only use our site to make legitimate reservations or purchases. You may not use our site to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand to post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

3. Privacy

Your use of our site is subject to our Privacy Statement. You acknowledge that you have read that privacy statement and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our privacy statement.

4. Links

Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any Web site, including any site controlled by you, to our site.

5. Warranty Disclaimer

We make no, and our providers make, no warranty of any kind regarding our site and/or any content, data, materials, information, products or services provided on our site, all of which are provided on an "as is" basis. We expressly disclaim any representation or warranty that our site will be error-free, secure or uninterrupted. We further disclaim any warranty as to the accuracy, completeness and timeliness of any content or information found on our site. We expressly disclaim and our providers expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and where permissible those arising by statute or otherwise in law or from a course of dealing or usage of trade.

6. Limitation of Liability

We will not be, and our providers will not be, responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to, use of or browsing in our site or your downloading of any content, information, materials, data, text, images, video or audio from our site or (b) any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with (i) any use of our site or content, data, materials or information found therein, (ii) any failure or delay (including without limitation the use of or inability to use any component of this site, or (iii) the performance or non performance by us or any provider, even if we have been or a provider has been advised of the possibility of damages to such parties or any other party. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.

7. Indemnification

You will defend and indemnify us and any Provider and each of our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our site.

8. General

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our site, following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms. Other terms and conditions may apply to your reservations, bookings and purchases of travel and other services through our site and to your use of other portions of our site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the State of New South Wales (AUS) will govern these terms and conditions, as well as your and our observance of them.

Copyright Notice

Any text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Optimum Insurance Services Pty Ltd materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Optimum Insurance Services Pty Ltd will not be held liable in any way to the User or to any third party or to any other person who may receive information in the distribution or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

 

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