Broker Terms of Service

Updated March 20th, 2021

CoverMy broker terms of service.

These terms of service (Terms) apply to your use of the Platform and are a legally binding agreement between you and CoverMy Pty Ltd t/as CoverMy.

Please read these Terms carefully before you access or use the Platform and keep a copy for future reference.

You will need to agree to these Terms if you are a Broker or User. By clicking "I agree" or accessing the Platform, you agree to these Terms. If you do not agree, you must immediately stop using the Platform.

In these Terms, a reference to “we”, “us” and “our” means CoverMy Pty Ltd ACN 645 593 193.

Agreement.

1. Your Account

1.1 Eligibility

1.1.1 To be eligible to open a Broker Account with us, you must:

a. be a Broker;

b. not be suffering an Insolvency Event;

c. be capable of entering into a legally binding contract; and

d. have entered into a Broker Referral Agreement with us.

1.1.2 To be eligible to get access to a Broker Account as a User:

a. the Broker Account holder must nominate you as a User; and

b. you must be Personnel of the Broker Account holder.

1.2 Registration

1.2.1 You must set up a Broker Account to access and use the Platform.

1.2.2 You can apply for a Broker Account on our Website.

1.2.3 When applying for a Broker Account, you must:

a. provide us with the full registered name of the business and any registered trading names;

b. specify whether the business is:

i. a sole trader;

ii. a company (and if so what type);

iii. a trust and the type of trust (i.e. discretionary trust, unit trust, managed investment scheme or self-managed superannuation fund );

iv. a partnership; or

v. an association;

c. provide us with an ACN, ABN or ARBN (if applicable);

d. provide us with the registered business address;

e. provide us with an email address;

f. provide us with a mobile phone number;

g. provide us with your AFS licence number or AFS licence authorised representative number;

h. be authorised, and warrant that you are authorised, to act on behalf of the business; and

i. warrant that the business is a Broker.

1.2.4 We may (in our complete discretion) require you to produce evidence that you are authorised to act on behalf of the business in accordance with clause 1.2.3 and you must provide us with any information we reasonably request for this purpose.

1.3 Log-in credentials

1.3.1 In setting up a Broker Account, you will be required to select a username and password.

1.3.2 You are responsible for keeping your log-in details secure and confidential and must not disclose them to any other person.

1.3.3 We will not be liable for any loss, cost, damage, or expense to you or any other person arising out of, or in connection with, your failure to maintain the security and confidentiality of your log-in details.

1.3.4 We are not responsible for any unauthorised access to, or use, of your Broker Account unless we have failed to take reasonable steps to prevent such access or use.

1.3.5 You are fully responsible for all activities carried out under or using your log-in details (whether or not authorised by you) and any loss, cost, damage, or expense to you or any other person that may arise as a result of that activity.

1.3.6 You must immediately notify us of any unauthorised use of your Broker Account log-in details or any other breaches of security.

1.4 Users

1.4.1 You can nominate one or more Users to have access to your Broker Account.

1.4.2 If you would like to nominate any Users, you must provide us with the information we require in relation to each User.

1.4.3 Once you have nominated your Users, we will send an invitation to each nominated User to register for access.

1.4.4 Each User must register for access by selecting a username and password and must agree to these Terms.

1.4.5 Each User is responsible for keeping their log-in details secure and confidential and must not disclose them to any other person.

1.4.6 We will not be liable for any loss, cost, damage, or expense to you, a User or any other person arising out of, or in connection with, a User’s failure to maintain the security and confidentiality of their log-in details.

1.4.7 We are not responsible for any unauthorised access to, or use of, a User’s log-in credentials unless we have failed to take reasonable steps to prevent such access or use.

1.4.8 Each User is fully responsible for all activities carried out under or using their log-in details (whether or not authorised by them or you) and any loss, cost, damage, or expense to you, the User or any other person that may arise as a result of that activity.

1.4.9 A User must immediately notify us of any unauthorised use of their log-in details or any other breaches of security.

1.5 Application

1.5.1 Each reference to “you” in these Terms includes any User unless specified otherwise or a provision can only apply the Broker as the holder of the Broker Account.

1.6 Access and use

1.6.1 You may access and use the Platform only as permitted by these Terms.

1.6.2 To access and use the Platform, you must:

a. agree to, and warrant that you will at all times, use the Platform in accordance with these Terms;

b. warrant that you have read, and agree to, our Privacy Policy and Disclaimers;

c. consent to our Privacy Collection Statement; and

d. have, or have access to, an active Broker Account.

1.6.3 You must not authorise others to use your log-in credentials.

1.7 Broker’s obligations

As a holder of a Broker Account, you agree to:

1.7.1 not allow others to access or use your Broker Account;

1.7.2 only allow Users to access your Broker Account in accordance with these Terms;

1.7.3 not assign or otherwise transfer your Broker Account to any other person, unless otherwise agreed by us on request;

1.7.4 comply, and ensure its Users comply, with the Broker Referral Agreement;

1.7.5 fully cooperate with us in investigating any improper, unlawful or fraudulent access to, or use of, your Broker Account;

1.7.6 contact us immediately if you believe that your Broker Account may be subject to an unauthorised action or transaction or other type of fraudulent activity or security breach;

1.7.7 only open one Broker Account in the name of a given business;

1.7.8 not cause, or permit any damage to, or otherwise interfere with the Platform;

1.7.9 provide us with all reasonably required co-operation, assistance and access to such information we require under these Terms;

1.7.10 comply with all applicable laws in relation to your use of the Platform; and

1.7.11 carry out all of your obligations under these Terms in a timely and efficient manner.

1.8 User obligations

As a User of a Broker Account, you agree to:

1.8.1 not allow others to access or use the Broker Account using your log-in credentials;

1.8.2 comply with the Broker Referral Agreement;

1.8.3 fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of the Broker Account;

1.8.4 contact us immediately if you believe that your log-in credentials may have been comprised;

1.8.5 not open a Broker Account;

1.8.6 not cause or permit any damage to or otherwise interfere with the Platform;

1.8.7 provide us with all reasonably required co-operation, assistance and access to such information we require under these Terms;

1.8.8 comply with all applicable laws in relation to your use of the Platform; and

1.8.9 carry out all of your obligations under these Terms in a timely and efficient manner.

1.9 Closure, suspension and cancellation

1.9.1 We may, where we have reasonable cause to do so and without prior notice, immediately suspend or cancel a User’s access to your Broker Account, including but not limited to:

a. where we reasonably suspect or become aware that a User is in breach of these Terms;

b. where we consider it reasonably necessary to prevent fraud or limit or otherwise protect us against any legal, regulatory or commercial risk;

c. if a User provides any inaccurate or incomplete information to us, or we have reasonable grounds to suspect this may have occurred;

d. where you request that we suspend or cancel the User’s access to your Broker Account;

e. where the User ceases being Personnel of the Broker;

f. where requests are made by law enforcement or other government agencies;

g. where there is a discontinuance or material modification to our Platform (or any part thereof);

h. unexpected technical or security issues or problems arise; or

i. extended periods of inactivity.

1.9.2 We may, where we have reasonable cause to do so and without prior notice, immediately suspend or close your Broker Account, including, but not limited to:

a. where we reasonably suspect or become aware that you or any Users are in breach of these Terms;

b. where we reasonably consider any Broker Account activity to be suspicious;

c. where we consider it reasonably necessary to prevent fraud or limit or otherwise protect us against any legal, regulatory or commercial risk;

d. if you or your User(s) provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect this may have occurred;

e. where you fail to continue to meet the eligibility criteria in clause 1.1;

f. where requests are made by law enforcement or other government agencies;

g. where there is a discontinuance or material modification to our Platform (or any part thereof);

h. unexpected technical or security issues or problems arise; or

i. extended periods of inactivity.

1.9.3 Where we take action under clause 1.9.2;

a. any Quote requests by Customers but not yet accepted will be cancelled and withdrawn;

b. you will not have any access to new Quote requests from Customers;

c. you must only interact with Customers through the Platform in relation to Current Policies;

d. you may download a copy of your Broker Account records before your Broker Account is closed under clause 1.9.3g;

e. you may request us to provide you with a copy of your Broker Account records after your Broker Account was closed under clause 1.9.3g;

f. you must notify us when the last Current Policy expires;

g. once all Current Policies have expired, we may close your Broker Account; and

h. If we close the Account, these Terms will automatically terminate pursuant to clause 12.2.

1.9.4 We will not be liable to you, Users or any third party for any suspension or closure of a Broker Account.

1.10 Notices in relation to your account

1.10.1 We may send notices, notifications and other important information to you via your nominated email, SMS and/or your Broker Account.

1.10.2 You agree that if we provide notices to you in relation to your Broker Account, these Terms or any other matter via your email, SMS and/or Account, such notice constitutes written notice under these Terms.

1.11 Communications

1.11.1 All communications between you and us will be electronic, whether via email and/or SMS.

2. Quotes

2.1 Quotes

2.1.1 Once a Broker Account has been set up, you or your User(s) can review Customers’ Profiles for the purpose of providing Quotes to Customers.

2.1.2 You can provide a Quote to a Customer based on the Customer’s Profile by selecting that option in the Platform.

2.1.3 Once a Quote has been provided, Customers will be able to review the Quote, communicate with you in relation to the Quote and accept the Quote.

2.1.4 If there is insufficient information in a Customer’s Profile, you may request further information from the Customer to provide a Quote.

2.2 Results

2.2.1 Quotes will be presented to Customers in the Platform.

2.2.2 You acknowledge and agree that:

a. Quotes are not reviewed, ranked, ordered or rated by us. We simply display the Quotes as and when they are uploaded to the Platform;

b. the Platform is not a comparison site and it simply facilitates a marketplace for you to provide Quotes to Customers and interact with Customers in relation to Quotes;

c. the Platform enables Customers to filter Quotes based on their own preferences using a set list of parameters. Any results list flowing from Customers filtering Quotes is fully driven by the Customer and does not in any way, shape or form reflect our opinion or recommendation as to which Quote is more favourable or better suits the Customer’s financial circumstances, needs or preferences and we have no such opinion and make no such recommendation.

d. as part of a Quote, you may provide the Platform enables you to send Customers Advice, Broker Agreements and/or Regulatory Documents, We are not responsible for, do not have any control over and do not endorse the content of any of these documents. We simply make publish these documents via the Platform so Customers can access them. You are solely responsible for the content of these documents;

e. any financial advice provided by you in relation to any Quotes or any financial services in relation to insurance or other financial products are provided by you and you are solely responsibility for this; and

f. all information we provide on the Platform is factual information only and it does not take into account any of Customers’ personal information, circumstances, needs or preferences.

2.2.3 You may include an expiration date for a Quote. If the Quote expires and the Customer would like to receive a new Quote, you may provide a new Quote to the Customer in accordance with clause 2.1.

2.3 Acceptance

2.3.1 In the Platform, a Customer can instruct you to proceed with a Quote.

2.3.2 You acknowledge and agree that we are not involved with any acceptance of a Quote by the Customer or the resulting issue of a Policy and that at such activities must be performed by you outside the Platform.

2.3.3 Once a Customer selects and agrees to your Quote, all interactions between you and the Customer must occur via, and will be recorded in, the Platform,

3. Messages

3.1.1 You may message a Customer directly by selecting this option in the Platform.

3.1.2 You acknowledge and agree that we are not responsible for, have no control over and do not endorse any message you send to a Customer via the message functionality.

4. Queries

4.1 Platform

You may refer any questions about the features of, operation or issues with the Platform to us using the contact details on our Website.

4.2 Quotes

You must address any Customer enquiries relating to Quotes (including any query related to a Broker Agreement, Regulatory Document and Advice) via the Platform in a timely manner and in accordance with the applicable laws. We cannot and will not answer any queries in relation to Quotes, Broker Agreements, Regulatory Documents or Advice.

4.3 Current Policies

You must address any Customer enquiries relating to Policies (including Current Policies) via the Platform in a timely manner and in accordance with the applicable laws. We cannot and will not answer any queries in relation to Policies.

5. Claims

5.1 Making a claim

5.1.1 A Customer may instruct you to make a claim on their behalf under a Policy by selecting that option in the Platform.

5.1.2 You acknowledge and agree that we are not involved with any claim made under a Policy. The Platform merely facilitates a Customer instructing you to commence a claim.

6. Representations, warranties and no advice

6.1 Your warranties

By entering into these Terms and accessing the Platform, you represent and warrant that:

6.1.1 all information provided, and to be provided, in accordance with these Terms is accurate, complete and current;

6.1.2 you will use the Platform in accordance with these Terms;

6.1.3 you have not relied on any representation or statement by or on behalf of us to provide any Quote, effect any Policy or make a claim under a Policy, and you have done so based solely on your own expertise and assessment;

6.1.4 you have capacity, power and authority to enter into these Terms and fully perform all of the duties and obligations referred to in these Terms;

6.1.5 you acknowledges that we have relied on your representations and warranties to:

a. if you are a Broker Account holder, open your Broker Account and provide User(s) with access to the Platform; and

b. if you are an User, provide you with access to the Broker Account.

6.1.6 if you are a Broker Account holder, you are a Broker.

6.2 No Warranty

6.2.1 You expressly understand and agree that except as otherwise set out in these Terms, the Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement.

6.2.2 We make no warranty that:

a. the Platform will be uninterrupted, timely, secure, or error-free;

b. the results that may be obtained from the use of the Platform will be accurate or reliable;

c. any errors or defects in the Platform will be corrected; or

d. the Platform will meet all of your requirements.

6.2.3 Although considerable effort is expended to make the Platform and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.

6.2.4 You acknowledge and agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.

6.2.5 This clause 6.2 will apply to the maximum extent permitted by applicable law.

6.2.6 Nothing in these Terms is intended to affect your statutory rights.

6.3 Financial services

In using the Platform, you acknowledge and agree that we are not providing any financial services to your Customers, including but not limited to financial product advice in relation to any Quote or Policy. You are solely responsible for ensuring that a Quote or Policy meets your Customer’s financial circumstances, needs and preferences.

6.4 Beta Features

From time to time, we may offer new features or tools with which you may experiment with on the Platform. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.

7. Fees and charges

7.1 Fees

The Broker Account holder will pay the fees specified in the Broker Referral Agreement. No other fees or charges will charged by us to you for using the Platform and/or any feature of the Platform.

7.2 Changes

7.2.1 We reserve the right to amend these Terms pursuant to clause 14 and impose and/or vary any fees or charges for accessing the Platform and/or any of the features of the Platform without your consent by giving you at least 20 days’ written notice in compliance with the law.

7.2.2 Any changes will only apply to any requests or actions (as applicable) made on the Platform after the changes.

7.2.3 If you are unhappy with any of the changes, you may terminate these Terms in accordance with clause 12.2.

8. Recipient Created Tax Invoices

The Broker Account holder will issue recipient created tax invoices in accordance with the Broker Referral Agreement.

9. Indemnity and Liability

9.1 Your indemnity

You indemnify us against, and must pay on demand, all amounts in respect of any action, claim, demand, loss, liability, and expense (including legal costs) of any nature and arising under any theory of liability (including tort, contract, statute or equity), that is incurred by us in connection with:

9.1.1 your breach of these Terms, including a breach of any representations or warranties made by you;

9.1.2 your negligent or wrongful act or omission in connection with these Terms; and

9.1.3 if you are a Broker Account holder, any breach of these Terms (including a breach of any representation or warranty made) by a User or any negligent or wrongful act or omission by any User in connection with these Terms.

9.2 Liability Cap

To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with these Terms shall not exceed the Liability Cap at any given time, regardless of whether the liability arises under any breach of contract, tort (including negligence), statute, equity, contract or any other cause of action.

9.3 Consequential loss

Neither the Broker, nor us are liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, lost opportunity cost, loss of enjoyment.

10. Privacy

10.1 Privacy Policy

10.1.1 We will collect, store, use and disclose your personal information in accordance with our Privacy Policy.

10.1.2 You must read our Privacy Policy and provide the Privacy Collection Statement before first accessing the Platform.

10.1.3 We may change the Privacy Policy or Privacy Collection Statement from time to time by publishing an updated version on the Platform when you next access the Broker Account. You will need to agree to the updated Privacy Policy or Privacy Collection Statement before you can access the Broker Account and access any functionality in the Broker Account.

10.1.4 You must comply with all applicable laws relating to collection, use, storage and disclosure of Customers’ information, including but not limited to the Privacy Act 1998 (Cth). If required under the applicable law, you must provide Customers with your privacy policy and obtain their consent to your privacy collection statement.

11. Intellectual Property

11.1 Intellectual Property rights

11.1.1 You acknowledge and agree that the Platform contains proprietary and confidential information that is protected by law.

11.1.2 Except as expressly authorised by us in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, in whole or in part.

11.1.3 We grant you a personal, non-transferable and non-exclusive right and licence to use the Platform in accordance with these Terms.

11.1.4 You agree not to modify the Platform in any manner or form, or to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorised access to the Platform.

11.1.5 You agree not to access the Platform by any means other than through the Website or App or any other interface that is provided by us for use in accessing the Platform.

11.1.6 You acknowledge and agree that any use of the Platform not specifically permitted under these Terms is strictly prohibited.

12. Term and Termination

12.1 Term

These Terms commence on the date you agree to them and will continue until terminated by you, or us in accordance with this clause 12.2.

12.2 Termination

12.2.1 Either you or we may terminate these Terms immediately by notice via the Platform.

12.2.2 These Terms will automatically terminate if the Broker Referral Agreement is terminated.

12.2.3 If these Terms are terminated then the following will apply depending on whether you are the Broker Account holder and any Customer has any Current Policies:

a. if you are the Broker Account holder and your Customers do not hold any Current Policies;

i. you and your Users cannot submit any new Quotes;

ii. any Quotes, which have been provided but not yet agreed to or accepted by Customers, will be cancelled and withdrawn;

iii. you and your User must only interact with Customers in relation to Current Policies;

iv. you may download a copy of any Account records before your Broker Account is closed under clause 1.9.2;

v. you may request us to provide you with a copy of any Broker Account records after your Account was closed under clause 1.9.2; and

vi. the Broker Account will be closed.

b. If you are a User and your Customers do not hold any Current Policies:

i. you cannot submit any new Quotes;

ii. any Quotes, which have not been provided but not yet agreed to or accepted by Customers, will be cancelled and withdrawn;

iii. your access to the Broker Account will be cancelled; and

iv. you may request a copy of any records relating to your interactions with Customers in the Platform and we will provide a copy to you if the Broker Account holder consents to this.

c. if you are the Broker Account holder and your Customers hold at least one Current Policy;

i. your Broker Account will be suspended;

ii. you and your Users cannot submit any new Quotes;

iii. any Quotes, which have been provided but not yet agreed or accepted by Customers, will be cancelled and withdrawn;

iv. you and your Users must only interact with Customers in relation to Current Policies;

v. you may download a copy of any Account records before your Broker Account is closed under clause 1.9.2;

vi. you may request us to provide you with a copy of any Broker Account records after your Broker Account was closed under clause 1.9.2; and

vii. you must notify us when your last Current Policy expires and we will close your Account.

d. If you are a User and your Customers hold at least any Current Policies:

i. you cannot submit any new Quotes;

ii. any Quotes, which have not been provided but not yet agreed to or accepted by Customers, will be cancelled and withdrawn;

iii. your access to the Broker Account will be cancelled;

iv. you will not be able to interact with Customers in relation to Current Policies but the Broker Account holder or other Users may be able to do so; and

v. you may request a copy of any records relating to your interactions with Customers in the Platform and we will provide a copy to you if the Broker Account holder consents to this;

e. you must notify us when your last Current Policy expires and we will close your Broker Account.

f. We will keep a copy of any information or data relating to the Broker Account in compliance with the law.

13. Assignment

13.1.1 We may transfer, or assign, our rights under these Terms without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.

13.1.2 You must not transfer or assign your Broker Account, your User access or any rights and obligations under these Terms unless you obtain our prior written consent.

14. Changes to these Terms

14.1.1 We reserve the right to modify, update or otherwise alter these Terms.

14.1.2 We will notify you of any changes to the Terms, including any changes to fees and charges, by displaying the updated terms the first time you access the Platform after the change. Any changes will apply to any requestions or actions on the Platform after the change.

14.1.3 If you are unhappy with any of the changes, you may terminate these Terms in accordance with clause 12.2.

15. Complaints

Customers

15.1.1 You must address all disputes or complaints in relation to a Quote, Policy or any interaction or communication in the Platform in a timely manner and in accordance with the applicable laws.

Platform

15.1.2 If you have any disputes or complaints in relation to the Platform, please contact us using the contact details on the Website.

16. General

16.1.1 These Terms are governed by the law in force in the State of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that place.

16.1.2 Any failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

16.1.3 If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.

16.1.4 Unless stated otherwise, all amounts in these Terms are exclusive of GST (if any).

16.1.5 No party will be liable to the other party for any failure to perform its obligations under these Terms during the time and to the extent that such performance is prevented by a Force Majeure Event. The party subject to a Force Majeure Event (the non-performing party) must notify the other party of the relevant details as soon as practicable after the Force Majeure Event occurs and endeavour to mitigate and remedy the effect of the Force Majeure Event and minimise the impact of the event on the other party.

17. Definitions

In these Terms, unless the context indicates otherwise:

Advice means any document under which a Broker or a User provides financial product advice within the meaning of the Corporations Act 2001 (Cth).

AFS means Australian Financial Services.

App means the CoverMy App that may be downloaded from AppleStore or GooglePlay.

Associated Entities means any related body corporate (within the meaning of the Corporations Act 2001 (Cth)) of the Broker that is to be covered by these Terms.

Broker means an insurance broker who is an AFS licensee or representative of an AFS licensee who carries on a business of providing personal advice and acting on behalf of insureds to place insurance.

Broker Account means an account we have created for you as a Broker to use the Platform.

Broker Agreement means any terms of engagement provided by a Broker in connection with a Quote.

Broker Referral Agreement means a referral agreement between a Broker and CoverMy that cover the commercials negotiated between the Broker and MyCover in relation to lead referral generation via the Platform.

CoverMy means CoverMy Pty Ltd t/as CoverMy ACN 645 593 193.

Customer means an individual or a business who has registered on the Platform and has an account.

Customer’s Profile means the questions about the Customer’s specific insurance needs that is detailed in the Platform.

Current Policy means any Policy that a Customer has purchased from the Broker or User via the Platform and which has not been terminated, cancelled or otherwise expired.

Disclaimers means the disclaimers and warnings published on our Website.

Financial Services Guide has the meaning given to that term under the Corporations Act 2001 (Cth).

Force Majeure Event means an event or circumstance beyond the reasonable control of any party (including a natural event or disaster, pandemic, act of war, revolution, strikes, lockouts and acts of government) which makes it impossible, impracticable or illegal for a party to perform its obligations under these Terms, but does not include lack of funds for any reason.

GST means Goods and Services Tax.

Insolvency Event means:

a. being an insolvent under administration or insolvent (each as defined in the Corporations Act);

b. having a controller (as defined in the Corporations Act) appointed;

c. any step being taken by a mortgagee to take possession, or dispose, of the whole or any part of a party's assets, operations or business;

d. any step being taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator, a statutory manager or other like person in respect of the whole or any part of the party's assets or business;

e. any step being taken which could result in being subject to any arrangement, assignment or composition, protected from creditors under any statute or dissolved (other than to carry out a reconstruction while solvent);

f. being otherwise unable to pay debts when they fall due;

g. having something with the same or a similar effect happen under the laws of any jurisdiction; or

h. ceasing to carry on business.

Insurer means the insurer of your Policy.

Liability Cap means [insert dollar amount or calculation method].

Personnel means in respect of a party, any director, officer, employee, contractor or agent of the Broker or Associated Entity.

Platform means the proprietary digital platform developed by us to provide Customers with access to Brokers for the purpose of obtaining Quotes and using other functionality which is accessible from the Website.

Policy means a general insurance policy.

Privacy Collection Statement means our privacy collection statement accessible at https://www.covermy.com.au/privacy-collection-statement.

Privacy Policy means our privacy policy accessible at https://www.covermy.com.au/privacy .

Product Disclosure Statement has the meaning given to that term in the Corporations Act 2001 (Cth).

Quote means an insurance quote provided by a Broker for a Policy based on the Customer’s Profile.

Regulatory Document means any or all of the following:

a. Financial Services Guide;

b. Product Disclosure Statement;

c. Statement of Advice;

d. Fee Disclosure Statement; or

e. Any other prescribed disclosure document a person must provide under the Corporations Act 2001 (Cth).

Statement of Advice has the meaning given to that term in the Corporations Act 2001 (Cth).

Terms means this agreement, together with any other documents incorporated by reference, including the Privacy Collection Statement, Privacy Policy and Disclaimers.

User means any Personnel of the Broker or Associated Entity who has:

a. been nominated by the Broker Account holder to have access; and

a. registered for access to the Platform in accordance with these Terms; and

whose access has not been cancelled in accordance with these Terms.

Website means CoverMy’s website accessible from this link https://www.covermy.com.au/.

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