In these terms and conditions, the terms we, us and our are a reference to the National Insurance Brokers’ Association of Australia, ACN 006 093 849, a public company limited by guarantee.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the NIBA website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
In order to be able to provide use the Membership section of the website, or any resource in the Membership section of the website, you must become a registered Member. To become a registered Member, you must lodge an application and be approved by us in accordance with the NIBA Membership Rules.
If your Membership is terminated for any reason, you must not use or attempt to use the Membership section of the website or any resource in the Membership section of the website.
Obligations in relation to information and content provision
In relation to any information or content which you provide to us using the website:
- you will ensure that your information and any content you provide using the website is up to date, accurate and not misleading;
- you warrant that your information and content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person; and
- you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your information and content so that we may use your information and content for the purposes in relation to which you provided the information or content, and for any other purpose set out in these terms and conditions.
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the NIBA website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the NIBA website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b)if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again;
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
You must ensure that your access to the NIBA website is not illegal or prohibited by laws which apply to you.
You must ensure that any data which you provide is supplied on the medium and in the format specified on the NIBA website.
You must take your own precautions to ensure that the process which you employ for accessing the NIBA website does not expose you to:
(a) any files, programs or program code designed to affix themselves to, bury themselves within or send instructions to, other files, computers, or other programs or program code in order to cause malfunctions, errors or destruction or corruption of data; or
(b) any computer program virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to, or disclosure, destruction or corruption of information or data.
For the removal of doubt, we do not accept responsibility for any interference or damage caused to you, your computer system or your data which arises in connection with your use of the NIBA website or any linked website.
Responsibility for the content of advertisements appearing on the NIBA website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
For security reasons, we may require you to re-authenticate details you have provided to us. For example, after a period of inactivity, we may require you to log into the Membership section of the website or re-enter payment details. We are not responsible for any information you may lose due to such security measures or technical limitations.
Payment functionality on the website (for example, to pay Membership fees or to register for eLearning courses) is provided by a third party service provider, and not us. Your use of any payment functionality is strictly at your own risk and we will not accept any responsibility for any harm, damage or loss to you (however described) where such harm, damage or loss is related to your use of a payment functionality.
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions.
Copyright in the NIBA website (including text, graphics, logos, icons, sound, video and software) is owned or licensed by us. You may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the NIBA website; or
- commercialise any information, products or services obtained from any part of the NIBA website;
without our written permission or unless otherwise provided in the NIBA Membership Rules. However, where downloading or printing functionality is provided by the website, you may store, reproduce or print (as applicable):
- course materials for the purposes of your personal study; and
- professional practice management materials for your employer’s or business’s internal business purposes.
The Copyright Act 1968 (Cth) may also grant you particular non-excludable usage rights in respect of the works on the NIBA website, and nothing in these terms and conditions attempts to exclude such rights.
You acknowledge that we own intellectual property rights in the database of which your content forms part.
We acknowledge that intellectual property rights in your content do not alter by virtue of these terms and conditions.
The NIBA website includes registered trademarks and trademarks owned by us (or our licensors) including, but not limited to, NIBA, the NIBA logo and the NIBA Associate logo, the Qualified Practising Insurance Broker logo, the Qualified Financial Services Representative logo, the Certified Professional Insurance Broker logo, the NIBA Fellow logo.
Unless otherwise provided in the NIBA Membership Rules, you must not use any of our trademarks or National Insurance Brokers Association:
- in or as the whole or part of your own trade marks or business name or company name;
- in connection with activities, products or services which are not ours, except as expressly authorised by us;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including the NIBA website).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to the NIBA website only for your personal use (which includes professional development). You are authorised to print a copy of any information contained on the NIBA website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the NIBA website.
You consent to us sending commercial electronic messages (including messages about the products and services of third parties) to electronic addresses which you have provided to us or for which you or any of your related bodies corporate are the relevant electronic account holder.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
When you provide payment details (for example, to pay Membership fees or to register for eLearning courses), those payment details are processed by a third party service provider. We make no warranty in respect of the strength or effectiveness of any security measures taken to protect your financial information and we are not responsible for any consequences of unauthorised access to the information you provide.
Termination of Access
Access to the NIBA website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Acceptance of terms and conditions