DOCUMENT CENTRE LICENCE TERMS
(a) Welcome to our Document Centre. The Insurer of ARAG Legal Expense Insurance products is HDI Global Specialty SE – Australia (ABN 58 129 395 544, AFS License number 458776) (Insurer). ARAG Services Australia Pty Ltd (ABN 14 627 823 198, AFS Licence number 513547) (ARAG) has been granted delegated authority by the Insurer to enter into, vary or cancel policies and handle claims for ARAG Legal Expense Insurance products on the Insurer’s behalf. All enquiries should be addressed to ARAG.
(b) These licence terms and conditions (together with the documents referred to in it) (“Terms”) apply to your use of our Document Centre and the documents downloaded from our Document Centre, so it is important that you read and understand them. If you use our Document Centre to download a document these Terms apply. Please feel free to contact us via email at email@example.com if you have any questions about these Terms.
(c) We reserve the right to change these Terms from time to time, and any updated or amended Terms will apply to your use of our Document Centre from the date on which the modified Terms are published on this website. It is your responsibility to read and understand these Terms, and to review any updated Terms when they become available.
(d) These Terms are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
2. YOUR ACCOUNT AND PROVISION OF DOCUMENTS
(a) To access our Document Centre, you must be a policyholder and open an online account by completing your registration details in the manner described on the website or as otherwise notified to you by us from time to time (“Account”).
(b) You are responsible for all usage of your Account including any use of your Account by others or any unauthorised use (other than as a direct result of ARAG or the Insurer’s actions). You must immediately advise us if you become aware of unauthorised use and although we will not be liable for any loss you suffer because of unauthorised use of your account, you will be liable for any loss we suffer, other than unauthorised use is as a direct result of ARAG or the Insurer’s actions. Your username and password for your Account must be kept confidential, and you must ensure that your registration details are true and accurate at all times.
(c) If you are no longer a policyholder or if we reasonably believe that you have not complied with these Terms at any time, we may immediately suspend, cancel or terminate your access to the Document Centre, or restrict your use of our website, and you agree that we may do so without prior notice to you and without liability to you or anyone else. Upon suspending, terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the website which is reserved for registered users including the Document Centre.
(d) Access to the Document Centre and its documents are provided by us to you as a policyholder at no additional cost.
(e) Documents may take the form of an example or template, which need to be reviewed and completed to meet your specific circumstances.
3. LICENCE AND RESTRICTIONS ON YOUR USE OF THE DOCUMENT CENTRE
(a) We grant to you a limited, non-exclusive, non-transferable, revocable and royalty-free right to use, adapt and reproduce the documents available via the Document Centre solely for your personal use or the use of your business and you shall not use these documents for any other purpose. Unless we give you permission in writing, you may not reproduce any of these documents or any part of these documents for sale or incorporation in any product or service intended for sale or supply to third parties.
(b) You acknowledge and agree that all intellectual property rights of any type in each of the documents of the Document Centre are owned by us and are not transferred to you.
(c) You represent and warrant to us that you will only use the documents downloaded from the Document Centre in accordance with these Terms.
(d) Your use of the documents is on the basis of these Terms and the disclaimers on the relevant pages of the documents.
4. NO ADVICE
(a) We are not a law firm and do not provide legal advice.
(b) To the extent permitted by law, neither ARAG nor the Insurer make any representation or warranty in respect of the accuracy, quality, standard or legal effect of any of the documents available via the Document Centre or their suitability for your use.
(c) The documents available from the Document Centre do not and are not intended to constitute legal, financial, taxation or any form of business or professional advice. No lawyer-client, advisory or fiduciary relationship is formed between you and ARAG, the Insurer or any persons involved in the preparation of the documents by virtue of the provision of any document to you.
(d) ARAG, the Insurer and any entity or person involved in the drafting of any of the documents, disclaim any liability for damages howsoever arising out of or in connection with the use, reference to or completion of any document by you.
(e) You should obtain legal, tax or other professional advice in respect of your use of any of the documents from the Document Centre before using such documents. You acknowledge that the suitability of a document varies for each person’s particular circumstances and has varying legal, tax and commercial implications.
(f) Your use or completion of the documents is solely at your risk.
5. OUR LIABILITY TO YOU
(a) We do not promise that the Document Centre (or your access to it) will be uninterrupted or error‑free. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability of access to the Document Centre.
(b) You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)) (“Australian Consumer Law”) and any other non-excludable term implied by law, the Document Centre and its documents are provided on an "as is" basis without warranties of any kind, either express or implied, and ARAG and the Insurer exclude all warranties, representations, and liability of any kind (including in negligence) in connection with your use or anyone else’s use of the Document Centre and the use, reference to or completion of any of the documents accessed by the Document Centre.
(c) ARAG and the Insurer exclude, to the maximum extent permitted by law including the Australian Consumer Law, any liability which may arise as a result of the use of the documents accessed by the Document Centre including any consequential, incidental, indirect or special loss.
(d) If the Australian Consumer Law applies and to the extent any of our liability cannot be excluded, our liability is limited, to the maximum extent permitted by law, (at our election) to:
(i) the supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.
(e) ARAG and the Insurer’s maximum liability to you for any matter which cannot otherwise be excluded or limited in accordance with these Terms, is limited to the total premium paid to us by you in respect of your policy in the 12 months preceding the claim except where no premium and charges are paid by you to us, in which case our liability is limited to $10.
6. YOUR LIABILITY TO US
(a) You are liable and solely responsible for:
(i) your use, reference to or completion of the documents including as to its suitability to your circumstances;
(ii) all decisions you make on legal matters;
(iii) your breach of anyone else’s intellectual property rights;
(iv) your breach of these Terms or any applicable law; and
(v) any claim, action, demand or proceedings instituted against us as a result of your use of our Document Centre.
(b) Except to the extent of any liabilities, costs, expenses (including legal fees) and loss caused or contributed to by us, you agree to indemnify us (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“ARAG Australia Parties”) and the Insurer from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the ARAG Australia Parties or the Insurer and arising in any way from any of the matters set out in (a) above.
(c) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
7. USE OF THE DOCUMENT CENTRE OUTSIDE OF AUSTRALIA
Neither ARAG nor the Insurer represent that the Document Centre or its documents are appropriate or available for use in countries outside Australia. If you choose to access the Document Centre from outside Australia, you are responsible for compliance with foreign and local laws.