Terms of Use

These words have the following meanings in these Terms of Use:

Allianz means Allianz Australia Limited and/or its related bodies corporate (as defined by the Corporations Act 2001 (Cth)).

Allianz Network means Allianz online systems and workbenches in Australia and New Zealand.

Company User means a company partnership, association, trust, governmental or local authority or agency or other entity authorised by Allianz to:

(a) use part of the Allianz Network, and

(b) nominate Users to Allianz to access to the Allianz Network.

User means an individual authorised by Allianz to use part of the Allianz Network.

The following terms govern a Company User and User’s online access to and use of any part of Allianz Network.

By accessing, browsing and/or using any part of the Allianz Network, the User and Company User acknowledge that they have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If the User or Company User does not agree to be bound by these terms, the User or Company must not seek access to or use the Allianz Network.

Allianz may vary these terms from time to time and the terms that are current at the time of accessing or using the Allianz Network will apply to that access or use by the User or Company User.

1. Provision of access to Allianz Network

(a) Allianz will provide the User or Company User with access to part of the Allianz Network through unique user ID(s) and password(s). Users may reset their own passwords, security questions and contact details online via the Allianz Network but all other changes must be effected by Allianz.

(b) Company Users: (1) will be provided with unique user IDs and passwords for up to the maximum number of Users permitted pursuant to prior agreement between Allianz and the Company User; (2) must ensure that no more than the agreed number of Users access and use the Allianz Network; (3) must take all reasonable steps to ensure that their Users comply with these terms; (4) must immediately notify Allianz when a User is no longer entitled to access and use the Allianz Network so that Allianz may cancel that unique user ID and password and issue a new unique user ID and password for any replacement User; and (5) are liable for the acts and omissions of their Users and all activity under their allocated unique user IDs and passwords.

(c) Once a unique user ID and password has been allocated to a User, they may not be transferred to any other person without Allianz's prior written approval.

(d) Each User acknowledges and agrees that: (1) Users must not share their unique user IDs and passwords and that it will keep its unique user ID and password secure and confidential; and (2) a unique user ID and password will expire after 90 days of inactivity, upon which a User will be required to apply for a new unique user ID and password to continue accessing and using the Allianz Network.

2. Service Levels

(a) Allianz may exercise its sole discretion in relation to any aspect of the Allianz Network (including its configuration) and the nature and manner of the technical support it provides in relation to the Allianz Network. For the avoidance of doubt, Allianz may vary any of these without prior notification to the User.

(b) Without limiting clause 8(a), Allianz shall not be responsible: (1) for failure to meet any level of service by it, its service providers or the Allianz Network; (2) for any errors or omissions by Allianz or relating to the Allianz Network; or (3) for any unavailability of, or inability to access, the Allianz Network, whether these arise through something within Allianz's reasonable control or otherwise, including faults due to telecommunications failures or faults, defective networks or internet connections, any computer program virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data ("Harmful Code"), defective equipment utilised by the User, the Company User or Allianz or incorrect operation by the User or Company User of its own access facilities

3. User and Company User's Facilities

(a) Unless otherwise agreed with Allianz, the User and Company User shall be responsible for providing, at its own cost, its own internal facilities (including terminal, software, modem and telecommunications facilities and internet access) necessary for accessing and using the Allianz Network. If Allianz does provide any material, software, hardware or any other facility or service, User and Company User will comply with these terms, any other conditions of use that Allianz may impose and any obligations Allianz may have to third parties, in respect of what has been provided and all references to "Allianz Network" in these terms will include what has been provided.

(b) Allianz shall, upon request from the User or Company User, supply its standard information and assistance to enable the User to assist and install its own connection to the Allianz Network.

(c) Notwithstanding sub-clause (b) above, Allianz accepts no responsibility for any deficiency in the User’s or Company User’s connection to the Allianz Network

4. Data and Intellectual Property Rights

Notwithstanding any prior agreements between the User, Company User and Allianz, the parties acknowledge and agree that all rights (including all intellectual property rights), title and interest in the Data will be owned by Allianz and will vest in Allianz on their creation. User and Company User acknowledge and agree that except where expressly stated in these terms, nothing in these terms grants or transfers to the User or Company User any rights (including all intellectual property rights), title or interest that may vest in all or any part of the Allianz Network, which will remain owned by Allianz or its licensors or service provider, are protected by law and are unaffected by these terms. Allianz reserves all rights not granted under these terms.

5. Use of the Allianz Network

(a) Users may access and use the Allianz Network (and any part of the Allianz Network) solely for the purposes of pursuing or engaging in business transactions between the User or the Company User (if any) and Allianz ("Purpose") and for no other purposes.

(b) Except as set forth in these terms or expressly permitted by the Allianz Network (for example commission statement CSV or Excel files that can be downloaded from some parts of the Allianz Network to enable Users to modify commission statements for their own internal use), a User and Company User may not copy or reproduce all or any part of the Allianz Network or the Data in any form or by any means, including information storage and retrieval systems, recordings and retransmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display, without Allianz's prior written permission. Other than as required by law, User or Company User may not disclose, disseminate or distribute all or any part of the Allianz Network or the Data to any other person. The User or Company User may not publicly use or reproduce excerpts from any part of the Allianz Network or any Data without Allianz's prior written consent. User and Company User shall use all copies, reproductions and reprints in accordance with these terms

(c) While accessing and using the Allianz Network, the User and Company User must not use the Allianz Network in any manner, perform any action or undertake any activity that does or has the potential to mislead, deceive, defraud or cause harm or damage to the Allianz Network, Allianz or any other person, or for any illegal, offensive, discriminatory, harassing or abusive purpose.

(d) Each User and Company User undertakes to notify Allianz as soon as possible after it becomes aware of any failure, or manifest, obvious or suspected fault, error or malfunction, of all or any part of the Allianz Network or the Data.

(e) Each User and Company User represents and warrants that all Data supplied by it to Allianz are, and will be, complete, true and accurate in all respects.

(f) The information in the Allianz Network and all Data has been obtained from sources that Allianz believes to be reliable (including from Users and Company Users) and are provided for information purposes only. Users and Company Users should make their own independent assessment and obtain their own professional advice on their obligations and compliance requirements under applicable laws, regulations and industry codes. The information in the Allianz Network is current as at its publication date and may change from time to time. Allianz has no obligation to advise Users or Company Users of any such changes and it is the User and Company User’s responsibility to check the Allianz Network or with Allianz for the most current version of the information.


6. Security and Restrictions

(a) Security Precautions. Each User and Company User agrees that it: (1) will install software and protections, to the extent available, to ensure that only Users have access to the Allianz Network and the Data; and (2) has installed appropriate security, Harmful Code and firewall protection. Each User or Company User must notify Allianz promptly if it becomes aware of any unauthorised use of its user ID(s), password(s), the Allianz Network and/or the Data.

(b) Prohibited Uses. Users and Company Users will NOT:

• Copy all or any part of the Data or Allianz Network for any unapproved purpose;
• Reverse engineer, decompile, disassemble, translate or convert Allianz provided intellectual property rights or software to human readable (source code) form (except as may be permitted under copyright law);
• Circumvent any encrypted data or gain access to data that it is not authorised to access; and/or
• Use the Allianz Network in any manner which violates these terms or any applicable laws.

7. Monitoring/Audit

Each User and Company User acknowledges that Allianz may monitor online activity by Users and Company Users. In addition, each Company User must also inform all its Users that Allianz may monitor their online activity. Upon request, each User and Company User agrees to provide Allianz with reasonable evidence of compliance with these terms. Allianz or its nominee may audit a User or Company User, to verify the User or Companies User’s compliance with these terms, during the User or Company User’s regular business hours. The User and Company User agree to provide Allianz and/or its nominee with all assistance and co-operation that they may reasonably require to conduct and complete such audits.

8. Warranty Disclaimer

(a) Warranty Disclaimer. The Allianz Network and all Data are provided on an "as is" basis. To the extent permitted by law, Allianz and its licensors and service providers do not make any representations or warranties in relation to the Allianz Network and the Data, including any representations or warranties that all or any part of the Allianz Network or Data will: (1) meet User or Company User’s requirements; (2) always be available or accessible; (3) be uninterrupted or error free; (4) be free of all faults or defects; (5) be free of all Harmful Code; (6) be complete, true and accurate; and (7) not breach any third party rights (including any intellectual property rights) including those parts of the Allianz Network that are or may be developed using open source software. Allianz expressly disclaims and excludes any liability to any User or Company User for any of these events.

(b) Disclaimer of all other warranties. This clause does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010(Cth)) where to do so would: (1) contravene that statute; or (2) cause any part of this clause to be void. Allianz excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ("Non-excludable Condition"). Allianz's liability to a User or Company User for breach of any express provision of these terms or any Non-excludable Condition (other than an implied warranty of title) or in relation, in any way, to the User or Company User’s access to and use of the Allianz Network and/or Data, is limited, at Allianz's option, to refunding the price of the goods or services in respect of which the breach or claim occurred or to providing, replacing or repairing those goods or providing those services again (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which Allianz's liability is not limited under these terms).

9. Limitation of liability

To the extent permitted by law, Allianz, its related bodies corporate and their respective officers, employees and agents, its licensors and service providers shall not be liable for direct, consequential, indirect, special or incidental damages or any damages for lost profits, business failure or property or equipment loss or damage, arising out of the access to or use of all or any part of the Allianz Network or Data, whether or not they have been advised of the possibility of such damages.

10. Cancellation of Allianz Network or access to Allianz Network

Subject to the terms of any other written agreement between Allianz, the User, or Company User the User and Company User acknowledge that Allianz may, at its sole discretion and at any time, without liability, substitute or terminate all or any part of the Allianz Network and/or terminate a User or Company User’s right to access and use all or any part of the Allianz Network and/or Data. Allianz may also require the User or Company User to return to Allianz any , software, hardware, materials and Data supplied by Allianz and all records and copies of the same. Allianz will use reasonable endeavours to provide the User or Company User with notice of such substitution or termination..

11. Miscellaneous

(a) Applicable Law. These terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflict of law principles. The parties agree to submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.

(b) User Confidential Information. User and Company User agrees to keep confidential any information communicated to the User or Company User by Allianz in connection with these terms or as a result of the User or Company User’s access to and use of the Allianz Network and/or Data. This obligation of confidence shall not apply to any information that: (1) is in the public domain at the time of its communication; (2) the User or Company User can demonstrate was independently developed by the User or Company User; (3) enters the public domain through no fault of User or Company User; or (4) is in User or Company User’s possession free of any obligation of confidence to Allianz. Additionally, User or Company User may disclose such information to the extent required by law or a competent regulatory body.

(c) Further actions. Each party must use its best efforts to do all things necessary or desirable to give full effect to these terms.

12. Privacy and data security

(a) The User and Company User must when accessing or using the Allianz Network comply with all privacy laws including the Privacy Act 1988 (Cth), State and Territory privacy laws, workers compensation and health and medical records laws that cover privacy obligations (Privacy Laws). This includes complying with Privacy Laws in relation to the collection, use, storage and disclosure of personal information. User and Company User must indemnify Allianz its related bodies corporate and their respective officers, employees and agents against all losses, liabilities, legal costs and other expenses incurred by Allianz in connection with an application, proceeding or claim against Allianz arising directly or indirectly as a result of or in connection with User or Company User’s failure to comply with its obligations under Privacy Laws and/or breaching its obligations under this clause 12.

(b) User and Company User must immediately notify Allianz on becoming aware of any data breach which has affected or which may potentially affect the security of personal information held by Allianz or on the Allianz Network.