Berkley Insurance Company trading as Berkley Insurance Australia Terms & Conditions of Use
This website has been prepared solely for the purpose of providing information about us and the services and products we offer. This website has been compiled by us in good faith. However, no representation is made as to the completeness or the accuracy of the information it contains. We reserve the right to add, modify or delete any information on this website at any time.
Acceptance of Terms
By using this website, you acknowledge your agreement to the following terms and conditions, without limitation or qualification. Please read these terms carefully. These Terms and Conditions of Use may be changed, modified, supplemented, or updated at any time, with or without advance notice. You agree to be bound by any such modifications. It is your responsibility to periodically review the most current terms and conditions. If you do not agree with these Terms and Conditions of Use, you should immediately stop using this website.
This website is owned and operated by Berkley Insurance Company ABN 53 126 559 706 trading as Berkley Insurance Australia (“Berkley”, “we”, “us’ or “our”) a member of the W. R. Berkley Corporation enterprise of affiliated companies (collectively, the “Company”).
The following terms and conditions apply to all users of this website, though we may choose to add to or supersede certain provisions herein with other provisions located in other parts of this website. You further acknowledge that the current Terms and Conditions of Use, Privacy Policy, and other policies posted on this website constitute the entire agreement between you and us in connection with your use of this website, and the content and software herein. You represent and warrant that any information you provide via the website or electronic mail is true and accurate to the best of your knowledge. You acknowledge that the information you may enter into any on-line application is material to any decision by us to issue a policy, and that any decision to issue a policy would be made in reliance upon the sufficiency and accuracy of the information entered into the application.
Disclaimer
To the fullest extent permissible pursuant to applicable law, the materials and software on this website are provided on an “as is” or “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website’s functions will be uninterrupted, non-infringing or error-free, that any such defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
All information on this website, including all surveys, benchmark reports, educational materials, risk reports, and/or actuarial analysis reports, is for general informational purposes only, and is not offered as legal, accounting, financial or other professional advice.
The descriptions of our products and services on this website, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions and are provided solely for general information purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available on request.
While Berkley uses reasonable efforts to include accurate and up-to-date information on this website, errors and omissions sometimes do occur. Berkley does not warrant or make any representations regarding the use, or the results of the use, of any materials on this website in terms of their correctness, accuracy, reliability, or otherwise. Planning tools on this website, including online quoting and rating systems, loss run reports, and/or calculators, are available only as a convenience to users and are not intended to generate advice or recommendations upon which a user may rely. Berkley does not warrant or make any representations regarding the correctness, accuracy or reliability of the results generated by such tools, and makes no guarantee that the result shown will be achieved. These tools and calculators are not part of any planning report for which you have paid a fee, even if they utilise data derived from or contained in such a report.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, you understand and agree that under no circumstances, including, but not limited to, negligence, shall we or the Company be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if we or an authorised representative of us or the Company have been advised of the possibility of such damages. Berkley and the Company assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing of this website or you downloading of any materials, data, text, images, video, or audio from this website. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you in full, but shall do to the full extent permissible by the relevant law.
You agree to indemnify, defend, and hold harmless Berkley and the Company from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this website or any violation of these Terms and Conditions of Use. If you cause a technical disruption to this website or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Berkley reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Berkley in the defence of such matter.
Third Party Content
This website may contain hyperlinks to other websites which are not owned or maintained by us. Berkley is not responsible for the content or privacy practices of such websites. These hyperlinks are provided solely for your convenience, and do not imply our approval or endorsement of such sites or the content therein. Berkley does not control such websites, and assumes no responsibility for their content or accuracy, even though Berkley’s name or logo may appear on certain pages of such third party sites. Berkley accepts no liability for any information, products, advertisements, content, services, or software accessible through such third party websites or for any action you may take as a result of linking to any such website. We recommend that you carefully read the privacy policies and user agreements of these sites, which will solely govern your use thereof.
Ownership of Information
With the exception of personal data (which shall be maintained in accordance with our Privacy Policy), any information you transmit to us via this website, by electronic mail, direct entry, submission, or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become our property. Such information may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Berkley shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Berkley may modify or discontinue any of the materials, content, or software, or any portion thereof, that appears on this website at our discretion, with or without notice. Berkley will not be liable to you or any third party for the effects of any such modification or discontinuance.
Consent to Communicate Electronically
By utilising or providing your contact details through our website, you are consenting to receive communications from us electronically. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorised third parties. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users who do not wish to be contacted electronically may revoke this consent by clicking on the unsubscribe link provided in the footer of any such communication.
Restrictions on the Use of Materials
Except where otherwise indicated, all materials and software contained in this website, as well as their collection, arrangement, and assembly, are the copyrighted property of us or the Company and are protected by applicable Australian, U.S. and international copyright laws. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with our express written consent. You may download material displayed on this website for your personal use only; provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.
You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without our prior written permission. Berkley neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
You are prohibited from: (i) using this website for any unlawful, unauthorised, fraudulent, or malicious purpose; (ii) using this site in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) interfering with another person’s use and enjoyment of this website; (iv) using data mining, robots, or similar data gathering and extraction tools with respect to any portion of the website; (v) gaining unauthorised access to accounts, computer systems, or networks connected to any server or systems; or (vi) accessing materials, systems, data, or information not intended by us to be accessible to you or through any means not intentionally made available by us.
In addition, in using this website, you agree you will not: (i) upload or transmit any material that is unlawful, malicious, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (ii) create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (iv) upload or introduce files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another; (v) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; (vi) violate any applicable local, state, national, or international law or regulation; (vii) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; or (viii) harvest or otherwise collect information about others, including e-mail addresses.
We reserve the right to take any lawful action deemed appropriate in response to any actual or suspected violations of these terms, including but not limited to the suspension or termination of the user’s access to the website and/or account. Berkley may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by our Privacy Policy, we reserve the right to disclose any information that is deemed necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law. We also reserve the right to edit, remove, or refuse to post any materials or information, in whole or in part, at our sole discretion.
Trademarks
All trademarks, service marks, trade names, logos, and icons are proprietary to us or the Company. This proprietary information includes, but is not limited to, the website’s domain name, logos, page headers, graphics, button and icons. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without our prior written authorisation or as otherwise provided herein, is strictly prohibited.
Proprietary Software
Any software accessible through this website is our property, or the property of outside suppliers and licenced to us, and is protected by applicable U.S. and Australian intellectual property laws and/or international treaties. Use of this software other than to utilise and navigate this website for its intended functions is prohibited, and you agree not to access this website’s content by any means other than the interface we have provided. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software. Berkley does not authorise the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in violation of any applicable export laws and regulations.
Passwords and Security
Berkley requests that you do not send any information that you consider to be confidential or proprietary through this website or by email. You acknowledge that there is a risk that information provided through the website may be accessed by unauthorised third parties because such information is not encrypted (except where explicitly indicated otherwise). Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Users may provide confidential or proprietary information where this website specifically asks for such information and in the secure manner provided. In these circumstances, only will such information be encrypted, and any such information received will be handled in accordance with our Privacy Policy.
You acknowledge that you must have an authorised username and password to access portions of this site. You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers or otherwise conceal your identity from us for any purpose. You authorise us to process any and all account transactions initiated through the use of your username and password. For your protection and the protection of our other customers and website users, you may not share your username or passwords with any other person for the purpose of facilitating their access and unauthorised use of this website. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are responsible for any unauthorised activities, charges, damages, and/or liabilities made through the use of your username and password. In no event will Berkley or the Company be liable for the unauthorised use or misuse of your username and password. If you do share your account information with anyone, we will consider their activities to have been authorised by you.
You agree to (a) immediately notify us of any unauthorised use or your account or any other breach of security of which you become aware, (b) change your password immediately if you suspect that your account was accessed by someone else or your password has been compromised and (c) exit completely from your account at the end of each online session. We will not be liable for any losses that you may incur as a result of someone using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party resulting from someone else’s use of your account or password. You may not use anyone else’s account at any time, with or without the permission of the account holder.
Portions of this website, which must be accessed using a username or password and/or other security device, may contain proprietary and confidential information owned by us. This may include, but is not limited to, information included in web-based seminars, industry data, and technical and marketing information (denoted as “Confidential Information”). By accessing confidential information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with us. You will not alter, decompile, disassemble, reverse engineer, or otherwise modify confidential information you receive.
Privacy Policy
Our Privacy Policy describes our collection, use, and protection of non-public personal information obtained from users of this website. This Privacy Policy will help you to understand how we secure and protect the information we collect, and we urge you to read it.
The Company has put in place reasonable physical, electronic and managerial procedures to prevent unauthorised access, modification, disclosure or loss of your personal information. However, we cannot assure you that your personal information will not be the subject to unauthorised access.
Online Privacy
Certain information is automatically collected when you visit our website. We may collect information to track the number of visitors to the website and the way that visitors navigate the website. The information collected may include the date and time you accessed the website, the pages you visited and images you accessed, as well as your device IP address, operating system, browser type and type of device.
Data may be gathered using cookies and other similar technologies. A “cookie” is a piece of data that a web server may place on your device when you visit a website. Cookies are commonly used by websites to improve the user experience. Our cookies do not gather personal information.
We may use cookies on this website for a number of purposes – for example, to maintain continuity during a user session, to gather data about the usage of our website for research and other purposes or to store your preferences for certain kinds of information and marketing offers.
You can decide if and how your device will deal with cookies by configuring your preferences or options in your browser. If you choose to reject cookies, you may not be able to use certain features of our website. This information does not include your name, e-mail address, or any other personal information.
We may also collect IP addresses as part of our efforts to maintain and improve this website. IP addresses are usually identified and logged automatically whenever a visitor accesses the website as well as the page(s) visited.
Online Advertising
The Company uses Google AdWords Remarketing to advertise across the Internet. AdWords Remarketing will display ads tailored to you based upon what part of the website you visited by placing a cookie on your device. This cookie does not identify you or provide access to your device.
This allows Berkley to tailor marketing to suit your needs and display ads that are relevant to you.
If you do not wish to participate in Google AdWords Remarketing, you can opt out by visiting: https://adssettings.google.com/authenticated?hl=en
Jurisdictional Issues
Except as expressly stated herein, the information contained on this website is not an offer to sell or a solicitation of an offer to buy any security, insurance product, or other product or service by us. No security, insurance product or other product or service is offered or will be sold by us or, if sold by such entity, will be effective in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction.
Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Unless otherwise expressly set forth herein, we make no representation that the materials on this website are appropriate or available for use in any location. Due to various insurance and other regulatory restrictions, certain products and services described on this website may vary by jurisdiction and may not be available in or suitable for all jurisdictions.
Safe Harbor Statement: This website may from time to time contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (U.S.), which provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of Berkley reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. Please refer to W. R. Berkley Corporation’s filings with the U.S. Securities and Exchange Commission, including the most recent Forms 10-K and 10-Q, and any Forms 8-K since the most recent Form 10-K, for further information on such uncertainties and inherent risks and the “safe harbor” under the Private Securities Litigation Reform Act of 1995.
Choice of Law
These Terms and Conditions of Use are governed and interpreted in accordance with the laws of New South Wales and you consent to the exclusive jurisdiction of the Australian courts, unless such law cannot be applied in a particular jurisdiction under prevailing applicable law. Unless a dispute would be governed by the arbitration clause below, you agree to submit to the personal and exclusive jurisdiction of the Australian courts. If any provision herein is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Agreement to Arbitrate
Any controversy or claim arising out of or relating to these Terms and Conditions of Use or use of this website shall be settled by binding arbitration through the Australian Disputes Centre or such similar organisation as the Parties may agree, except that, to the extent you have in any manner violated or threatened to violate our or the Company’s intellectual property rights, we may seek injunctive or other appropriate relief in Australia, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in Australia and that any action to enforce this arbitration provision will be brought in Australian courts. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, as may be necessary to protect the rights or property of you or us pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear its cost.
Updates
Berkley reserves the right to change these Terms and Conditions of Use at any time.