CLUB MARINE LIMITED TERMS OF USE

The terms and conditions contained in this document and any conditions, notices and disclaimers contained elsewhere on our website (known collectively as the "Terms of Use") govern your access and use of the Club Marine website found at www.clubmarine.com.au and its sub-domains (including the Club Marine branded quoting service accessible from this website and at www.einsure.com.au) ("our website"). Your access and use of our website is conditional upon your acceptance and compliance with the Terms of Use.

Any insurance product you purchase online or via the call centre has its own terms and conditions that are found in the PDS (policy document) and any applicable Supplementary PDS.

For online purchases, consult the PDS and any applicable SPDS documents found on this website. Contact Club Marine for a copy of the relevant PDS and any applicable SPDS documents for purchases that are not made online.

Our website and its contents (including all information, data, text, graphics, images, software, advertisements and other material on our website ("Content")) are the property of Club Marine Limited (ABN 12 007 588 347) ("Club Marine") and are subject to copyright under Australian law and through international treaties with other countries. You may use this Content for your personal reference only (not for any commercial or public use) and may download a single copy of the Content, keep a temporary copy in your computer's cache and make a single hard copy, provided you keep intact all copyright and other proprietary notices. No other use, copying, reproduction, publishing, storage in a retrieval system, alteration or transmission in any form or by any means, in whole or part, of the website or Content is permitted without Club Marine’s prior written authorisation. 

All names, logos and trademarks are the property of Club Marine or the third parties who have contributed to our website. Nothing on our website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Club Marine or the relevant contributor. The name of Club Marine and its agents or any of the trademarks and other intellectual property belonging to Club Marine or its agents may not be used commercially or in advertising or publicity or used to identify a link to our website without the express prior written permission of Club Marine. 

You must notify Club Marine immediately if you become aware of any third party that is or may be infringing the intellectual property rights in our website. You must give Club Marine all assistance in relation to any infringement proceedings. Club Marine shall have sole control of the defence and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Club Marine. If a court or Club Marine determines that our website or Content have infringed or may infringe a third party's intellectual property rights, Club Marine shall have the right to alter, delete or modify our website or Content in order to avoid continuing infringement.

You must not use our website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Club Marine, or that is prohibited by the Terms of Use.

In particular it is a condition of your use of and/or access that you agree that you will not: 

1. use any device, software or routine which will or may interfere with the working or functioning of our website and will not post, publish, distribute or transmit any Content of any kind which contains a virus or other harmful component; 
2. make any unauthorised use of any materials or intellectual property found on our website; 
3. copy or provide to any other party any materials, Content or data found on our website other than as set out in the Terms of Use; 
4. copy and use any materials, Content or data found on our website for any other purpose than purchasing or endorsing or cancelling a Club Marine product; 
5. use any method or means to copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the Content or our website, or monitor it in any way, unless expressly provided for in our website or expressly authorised in writing by Club Marine;
6. intentionally do anything which overburdens the infrastructure of our website; 
7. post, publish, distribute or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent Content of any kind, including without limitation any Content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations; 
8. post, publish, distribute or transmit, or disseminate any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from Club Marine or relevant right holder; 
9. post, publish, distribute or transmit, or disseminate any unsolicited correspondence (including Emails) or spamming via our website; 
10. reverse engineer, reverse assemble, or otherwise attempt to identify the source code or other arithmetical formula for the infrastructure software or functions; 
11. restrict or inhibit any other user from using or enjoying our website. 

Club Marine has no obligation whatsoever to monitor any user's use of our website or to edit, delete or refuse to post any Content. However, Club Marine reserves the right to monitor your or any user's, use of our website and to edit, refuse to post or remove any Content whatsoever. Club Marine reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of our website.

If Club Marine provides the option to purchase any products or services via our website, then it will be done via the following process: 

1. you will manually enter the data requested for Club Marine to provide an electronic quote based on the information you provide. 
2. Club Marine will provide a quote for its products electronically and this will constitute Club Marine offer to you. Club Marine may save and retrieve any quote it issues. 
3. you may accept this offer by selecting the 'Buy Policy' button and providing valid information about the account or credit card that you will be using to pay for the product/service. The product/service you order must not be for commercial resale. Club Marine will then receive an electronic message which it will then act upon to issue you with the product (in its discretion). Club Marine reserves the right to reject any order it receives for any reason and orders are not binding on Club Marine until acceptance. You will be bound by the Terms of Use operating at the time you placed your order. 
4. a binding contract will only come into place when Club Marine receives your acceptance of the Club Marine Offer, accepts the order by displaying a confirmation of payment on your screen and also receives clear payment of the premium when a debit is made against the credit card or account nominated by you in the quote process. 
5. you should then receive a policy number. Please note that a binding contract is still in place even if you do not for some reason receive this policy number upon completion of the online transaction. 
6. you will receive confirmation of this transaction when Club Marine send you a PDS (Policy Document) and Schedule. 
7. contact Club Marine on 1300 002 582 if you do not receive a Policy number or PDS (Policy Document) and Schedule. 
8. Club Marine will treat all electronic instructions received online as valid and authentic. 
9. all policies issued via this online facility will be subject to Club Marine's usual underwriting criteria and guidelines. 
10. all PDS (Policy Documents) are available on the website. You should read and understand the relevant PDS (Policy Document) before purchasing any product online. 

If you use any third party (i.e. broker, agent etc.) to enter any transactional information on our website (including requesting a quote and accepting a quote), you will be bound by the actions of that third party with respect to the transaction, and will also be bound by these Terms of Use.

You are currently able to make payments online: for magazine subscriptions, for new business, for selected policy changes, for renewals. If you receive a renewal schedule which indicates that this payment option is available, you will be able to access payment functionality by visiting this site. The details of how to do this will appear on the Schedule. 

If you are paying a renewal premium online, your new policy will only be in place when Club Marine: 

1. receives electronically all details of the payment, including method of payment and correct policy details; and 
2. receives clear payment via your credit card or nominated account; and 
3. a record of the transaction is generated in the Club Marine system and a receipt number issued for the payment.

By placing any Content on our website you grant to Club Marine a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Content: 

1.  
2. use, copy, sublicence, redistribute, adapt, transmit, publish, broadcast, publicly perform or display; and 
   
3. sub-licence to any third parties the unrestricted right to exercise any of the rights granted in 1. above. 

This licence granted to Club Marine includes the right to exploit all proprietary rights in any such Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You consent to Club Marine, and any third party authorised by Club Marine, using your Content without attributing to you the authorship of the Content; inspecting or approving any use of the Content; and materially altering or distorting the Content. At the request and expense of Club Marine you will execute and deliver to Club Marine such instruments and take such other actions as may be required to carry out this grant of licence and consent.

Competition and Consumer Act (Cth) 2010 and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms ("Prescribed Terms"). Except as provided for by the Prescribed Terms: 

1. all Content (including information about goods and services) is provided on an "as is" basis without any warranties of any kind; 
2. to the maximum extent permissible by law, Club Marine expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose; 
3. Club Marine, and its directors and employees, does not warrant that your access to our website will be uninterrupted or that our website will operate error free, that any defects will be corrected or that our website and its servers are free of computer viruses and other harmful data, code, components or other material; 
4. Club Marine, and its directors and employees, does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of our website, or that it will give notice of such use, modification or alteration; 
5. Club Marine, and its directors and employees, does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content (including descriptions of any goods/services). The use of our website and the Content is at your own risk. Changes are periodically made to our website and may be made at any time; and 
6. if your use of our website or the Content results in the need for servicing or replacing equipment or data, Club Marine is not responsible for those costs.

Except as provided by the Prescribed Terms, Club Marine, its directors, employees, suppliers, or any third parties mentioned on our website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from: 

1. any use or access of, or any inability to use or access, our website, any third party link or any Content; 
2. any unauthorised access to or alterations of your transmissions or data; or
3. any statements or conduct of any user of our website, including any information and/or advice and any defamatory statements or offensive conduct. 

To the fullest extent permitted by law Club Marine liability for breach of any Prescribed Terms is limited at the option of Club Marine to the following:

1        In the case of services supplied or offered by Club Marine: 

1. The supply of the services again; or
   
   
2. The payment of the cost of having services supplied again;

 and 

2       In the case of goods supplied or offered by Club Marine: 

1. The replacement of the goods or the supply of equivalent goods; 
   
   
2. The repair of such goods; 
   
   
3. The payment of the cost of replacing the goods or acquiring equivalent goods; or
    
4. The payment of the cost of having the goods repaired.

This Website may contain links to other websites owned and operated by third parties who are not related bodies corporate of Club Marine ("Linked Websites"). The Linked Websites are not under the control of Club Marine and Club Marine is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites. Club Marine provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Club Marine. Your link to any such Linked Website is entirely at your own risk. Club Marine is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms of Use. If there is any inconsistency these Terms of Use prevail. 

Our website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply an endorsement or recommendation by Club Marine of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Club Marine accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such.

Club Marine may terminate your access to our website at any time without notice to you. If you violate any Terms of Use your right to use and access our website automatically terminates. 

Club Marine may also change the terms and conditions contained on this site at any time. Your continued access to and/or use of our website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms of Use and any amendments. You should visit this page periodically to review the Terms of Use. Should you object to any of the Terms of Use or any amendments your only recourse is to immediately discontinue your use of our website. In the event of termination you must immediately cease accessing and using our website and Content and (at Club Marine's option) return any hard copies of the Content to Club Marine or destroy any hard copies and any other electronic copies of the Content within your control or possession. Club Marine's limit of liability, your indemnity, licences granted by you and all limits on your use of our website survive termination.

All disputes arising out of this Agreement shall be dealt with in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales District Registry of the Federal Court of Australia. 

This site is controlled and operated by Club Marine from its offices in Australia. Club Marine makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.