Terms of Use

Terms and Conditions

These terms and conditions (“Terms”) (together with any documents referred to within) govern your dealings and/or communications with Commercial Insurance Australia Pty Ltd trading as Strata Fair (“Strata Fair”). Please read these Terms carefully prior to commencing any dealings and/or communications with Strata Fair.

Your duty of disclosure

Before you enter into a contract of general insurance with an insurer you have a duty under the Insurance Contracts Act 1984, to disclose to the insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer’s decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty to disclose those matters to the insurer before you renew, extend, vary or reinstate a contract of general insurance.

Your duty, however, does not require disclosure of any matter:

If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce their liability under the contract in respect of a claim or may cancel the contract. If, however, your non-disclosure is fraudulent, the insurer may also have the option of voiding the contract.

Financial Services Guide

Our Financial Services Guide (“FSG”) sets out the services that we offer you. It is designed to assist you in deciding whether to use any of the services we provide and contains important information about:

You can locate a copy of our FSG on our website at the following URL: https://cdn.stratafair.com.au/stratafair-fsg.pdf

Subrogation (Recovery) Agreements

Before you enter into a contract of general insurance with an insurer, the Insurance Contracts Act 1984 stipulates that the insurer must advise you of any provisions in your policy affecting the preservation of their rights of subrogation. As your insurer has given us such advice, your policy of insurance provides that you will not be able to recover under it if you enter into or have entered into any agreement which excludes or limits your rights of recovery from other parties. Therefore, you must not have agreed to and must not agree to give away any of your rights which may affect your insurer’s right to recover under subrogation from other parties.

Liability for Goods and Services Tax (GST)

As the service of providing general insurance services is caught by A New Tax System (Goods and Services Tax) Act 1999, we are required to charge you Goods and Services Tax (“GST” ) on a proportional basis for any insurance services provided by or via us after 30 June, 2000. If this charge requires amendment, we will recover from (or reimburse) you for any difference.

Australian Financial Complaints Authority

If you should have any concern, complaint or dispute about the service we have provided you, then you may contact us and tell us about it on 1300 108 509 or email help@stratafair.com.au. If your complaint is not satisfactorily resolved within 24 hours, please contact our Complaints Manager/Officer by phone on 1300 881 741, by email at info@inglisinsurancegroup.com.au, or put your complaint in writing to Inglis Insurance Group, PO Box 740, Chatswood NSW 2057. The Complaints Manager/Officer will attempt to resolve the matter satisfactorily within 21 days. If the issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA): Website: www.afca.org.au; Email: info@afca.org.au; Telephone: 1800 931 678 or in writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001.

Non-refundable Broker Fee

The charges detailed on your tax invoice include a broker fee earned by Strata Fair for the placement of your insurance policy and services provided. In the event of cancellation of your insurance policy or if our services are no longer required after our payment terms and/or applicable cooling off period have expired, our broker fee is non-refundable.

Payment Terms

Payment terms are 14 days from the inception date of the policy. If we do not receive payment within this time, we will contact you and serve you a cancellation notice and we will provide a further 7 days for you to forward payment before cancelling the policy.

Renewal Advice

You must advise us before the renewal date should you wish to renew your insurance policy.

Variations in Cover

You must advise us throughout the policy year if there are any changes in your business that might affect the policy in place. You should also advise us if you require any endorsements or changes to your cover.

PROVISION OF SERVICES

We make no guarantee that we are able to assist with every enquiry made to Strata Fair, whether the enquiry is made through our website or by any other means. This website, stratafair.com.au (“Website”) is owned and maintained by Strata Fair. The Website outlines a limited list of services which Strata Fair provides. Please note, the Website does not include an exhaustive list of the services Strata Fair does and does not provide to clients. Strata Fair reserves the right to refuse to provide you a quote for insurance for any reason whatsoever. If we believe we are unable to assist you based on the information you have provided, we are under no obligation to provide you with a quote for insurance or to provide any services to you. If Strata Fair believes your exchanges with us are rude, abusive, racist and/or discriminatory, we reserve the right to refuse to provide you services. Under such circumstances, Strata Fair may refuse to provide you with a quote for insurance and/or end all communications between us and you.

Severability

In the event that any Terms or provisions herein shall be determined to be illegal, invalid, or unenforceable in whole or in part for any reason whatsoever such illegality, unenforceability or invalidity shall not affect the enforceability or validity of the remaining Terms or provisions or parts thereof which shall continue to be binding and enforceable.

Changes to these terms

Strata Fair may revise these Terms at any time. You should review from time to time the current (at the time of publishing) Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on our Website.

Governing Law

Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia and the Australian courts will have exclusive jurisdiction over any claim arising from these Terms, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

Website Use

By using our Website, you are deemed to have understood, and confirm that you accept these Terms and that you will abide by them. If you are using this Website as a representative of your employer, you represent to us that you have the full and unfettered legal right and authority to accept these terms on behalf of, and bind, your employer and references to “you” in these Terms will be deemed to refer to your employer. If you do not agree to these Terms, please refrain from using our Website. Use of our Website includes accessing or browsing our Website. Where any information contained on this Website is available for download or copying, these Terms apply to such information as may be downloaded or copied.

Access to our website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some parts of our Website, or our entire Website. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

Disclaimer

The Website does not include an exhaustive list of the services Strata Fair does and does not provide. The information on this Website is provided by us for general information purposes only and is made available "AS IS" without any representation or warranty, either expressed or implied, being given as to the accuracy, completeness, timeliness, reliability or otherwise of its content. No responsibility is accepted by us for any errors or omissions or any inaccurate information on this Website. The material posted on this Website, including any regulatory announcement, is not intended to amount to or provide, nor does it amount to, constitute or comprise, investment, financial, legal or other advice on any particular matter and no action should be taken or omitted to be taken in reliance on the information contained on this Website. Advice should always be sought from a suitably qualified professional in relation to any particular matter or circumstance. To the fullest extent permitted by law, we expressly exclude, and accept no liability for any loss or damage which may be suffered by you, or any third party, and/or which may arise from the use, or the inability to use, this Website (or any website linked to it) or the use of, or any reliance placed on, any information contained on this Website (or any website linked to it), including, but not limited to direct, indirect, consequential or other loss or damage, loss of data, loss of income, profits, contracts or opportunity, loss of goodwill or claims by third parties and whether caused by tort (including negligence), breach of contract or otherwise, even if such loss or damage was reasonably foreseeable by us. We cannot guarantee that this Website will be available at all times or that it will be free from delays, interruptions and errors; the exclusions in the previous paragraph will extend to any claims relating to the functionality or availability or otherwise of this Website at any time or for any period. Strata Fair is making the information available on this Website as a public service and for general information purposes only, we do not intend by doing so to either directly or indirectly solicit any business or to make any offer or invitation to subscribe for, to buy or sell, or to solicit any offer or invitation to subscribe for, to buy or sell, securities or other financial instruments from or to any person, in any jurisdiction, nor is the information to be considered, nor is it to be used to provide or form the basis for, investment advice. The information on this Website is not intended for distribution in or into, or for use by any person or entity in any jurisdiction where any such distribution or use would be contrary to any local law, order, directive or regulation. You should acquaint yourself with any local laws, order, directives or regulations that might apply to the use of this Website.

Changes to our website

We do not guarantee that our Website, or any content on it, will be free from errors or omissions. While we aim to update our Website regularly, we are under no obligation to do so and as the information contained on it is inherently subject to change without notice it may be out of date at any given time. You should therefore not act, or refrain from acting, on the basis of any information contained on, or obtained from, or from any publications or links to other websites provided on this Website. You should always obtain appropriate advice where necessary from a suitably qualified professional in relation to any particular matter or circumstance.

Copyright and other intellectual property rights

The information, announcements, content, graphics, text, sound, images, trademarks, service marks, loops and all other materials contained on this Website (the “Materials”), including but not limited to the homepage and all other pages and publications, are protected by copyright, database right, trademark and other proprietary rights. The Materials are owned and controlled by Strata Fair or the party credited as the provider of the Materials, except as otherwise indicated. No person may copy the Materials (except for one copy for personal use only, provided that all copyright and other notices contained therein are left intact), republish, redistribute, transmit, alter, edit or otherwise exploit them, in any manner for any purpose, without the express written permission of Strata Fair [or our licensors]. You agree not to reproduce, duplicate copy, republish, redistribute, transmit, alter, edit re-sell or otherwise exploit any part of our Website in contravention of the provisions of these Terms, if you do so your right to use our Website will cease immediately and you must, at our option, either return or destroy any copies of the Materials you have made. Strata Fair and/or any other owners of the Materials retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property right or proprietary interest of Strata Fair or any third party. All other trademarks, service marks or logos contained on this Website are the property of their respective owners. For further details of trademarks of Strata Fair please contact Strata Fair. The use of automated systems or software that is used to extract data or information from this Website for commercial use is prohibited.

Uploading material to our website

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must ensure it means reasonable content standards. You warrant and represent that any such contribution complies with those standards, and you indemnify us for any breach of that warranty and representation. Where you post or upload any material to our Website such material will be considered by us to be non-confidential and non-proprietary and, as such, we will have the right to use, copy, distribute, sell and disclose any such material to third parties for any purpose whatsoever, including for commercial gain. We also reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to, and shall, remove any material or post you make on our Website if, in our absolute opinion, it does not comply with the content standards and acceptable use policy.

PROHIBITED USES OF OUR WEBSITE

You may use our Website only for lawful purposes. You may not use our Website in any way that breaches any applicable local, national or international law, order, directive, regulation or any similar restriction or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose, intent or effect nor to send, knowingly receive, upload, download, use or re-use any material. Neither may you use our Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (commonly known as "spam") or to knowingly transmit any data, or to send or upload any material that contains viruses, trojans, worms, logic bombs, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware in any adverse way.

SUSPENSION AND TERMINATION

Failure to comply with our standards for use of the website constitutes a material breach of these Terms following which we may withdraw your right to use our Website and/or remove any post or material uploaded by you to our Website (in both cases either temporarily or permanently). We may also take such further or other action as we deem necessary or appropriate, including, by way of example only, issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, all reasonable administrative and legal costs) resulting from your breach and we may disclose such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of our content standards and acceptable use policy. The responses which we might take and which we have highlighted are not limited, and we may take any other action that we reasonably deem necessary or appropriate.

VIRUSES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. You also agree that you will not access without authority, nor interfere with, damage or disrupt any part of our Website or any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment, network or software owned or used by any third party. We do not warrant that our Website will be secure or free from bugs or viruses and we accept no liability for any damage that might result from the transmission or any bugs or viruses via our Website. It is your responsibility to ensure that your information technology, programs and equipment are properly configured to enable you to access our Website and that they have appropriate and up to date virus protection software installed.

THIRD PARTY WEBSITES

This Website contains hypertext links to other websites that are owned or operated by parties other than Strata Fair and are included for your convenience only. Strata Fair has no control over, and is not responsible for the content or availability of any such third party websites. Inclusion on this Website of a hypertext link or other link does not imply any recommendation or endorsement of the material or content on such websites by Strata Fair, nor any association with their operators. Strata Fair will not be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or fees (including legal fees) caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on such external websites.