Evari Terms of Use

Each access to and use of this Website and the products and services available through this Website are subject to these terms of use. By accessing and using this Website you agree to be bound by these Terms of Use (“agreement”).

If you do not agree to any of these terms then you should immediately cease accessing and using the Website.

‍’Website’ means www.evari.insure and the whole or any part of the web pages incorporated in this website (including the layout of the website; individual elements of the website design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of the website).

'Us' and 'We' refers to Evari Insure Pty Ltd, ABN 49 615 973 487, AFSL No: 494857 of PO Box 7923 Cloisters Square, Perth, WA 6850 (Australia) its officers, directors, employed and contracted staff, agents, contractors and representatives and ‘Our’ has a similar meaning.

The words 'you' and 'your' refer to users of this Website.

‘Loss’ means any direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, costs (including legal costs) claims or demands, liabilities including without limitation lost profits, lost goodwill, lost or stolen programs or other data, or lost or misdirected orders.

Website Disclaimer

We do not guarantee that the Website will be accessible at all times, or that access to and use of the Website will be uninterrupted, secure, timely or error free.

Whilst We attempt to ensure the accuracy of all information and data provided on or available via our Website, we cannot however guarantee its accuracy, reliability or completeness.

We reserve the right to modify vary or amend the content of the Website from time to time without prior notification.

We may from time to time modify or vary or amend these terms by posting changes to these terms on the Website.  Your use of the Website after the changes will be deemed acceptance of the current terms.

Electronic Documents

When obtaining a quote and buying insurance on this Website, you agree to accessing Our terms of use, privacy policy and policy wording via a link on our Website.

By purchasing an insurance policy through this Website:

  1. you agree that We will provide or make available, and you will receive or access, your insurance documents and tax payment receipts electronically (including but not limited to this includes policy related communications, renewal notices, endorsements and cancellations).
  2. in relation to your policy documents, you agree that We will make your policy available and you will receive and access your policy documents in your Evari dashboard. This means to access your policy documents you must click the ‘View Policy’ icon in your Evari dashboard.You agree that We will only provide your policy documents by making them available to you in the Evari dashboard.

 

Your Responsibilities

You must only use the Website in accordance with these terms of use and at all times in accordance with all laws applicable to You. You must not use the Website to post any content which is illegal, obscene, defamatory, or which infringes the rights of another person (including, without limitation, any unauthorised use of content which is the copyright of another person or which contains confidential information of another person).

You agree to indemnify us in respect of any Loss which we may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to this agreement, the use of the Website, your purchase of goods or services through the website (or any part of it) or through us, or any breach by you of this agreement..

It is your responsibility to inform us of any changes to your email address, keep your email account active and capable of receiving new emails. To do this, ensure that your email account has sufficient space for new emails and that your email server and spam blocking software do not block our emails. We are not responsible for problems arising from emails sent to an inactive or out-of-date email account, unless we are solely negligent for using an incorrect email address.

Jurisdiction

The Website is published and intended for use in Australia only.

Trademarks and Copyright

Except where otherwise indicated, all materials, documents, information, data, images, logos, trade names, brand names, trade symbols, slogans, services marks and trademarks (IP) that we provide to you or which are contained on the Website are the intellectual property owned by or licensed to Us.

Except as required for the purpose of accessing or using the Website, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Website (or any related documents or materials) without our prior written consent.

You must not use any IP which appears or is used on the Website (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such IP.

You must not create a link to any part of the Website (other than solely for your private and non-commercial purposes) without our prior written consent.

 

Third-Party Sites

Our Website may contain links to other internet websites that are not maintained by Us (‘Sites’). These links are provided solely for your convenience. We make no warranties or representations about the accuracy, reliability, sustainability, content of, any products or services offered by, or the intellectual property compliance of, other Sites.  We do not accept any responsibility or liability for the conduct or content of those other Sites.

 

Virus Warning

We do not warrant that any data (including any file) obtained through the Website is free from computer viruses, malware, malicious software, program devices or other faults or defects.  It is your responsibility to ensure that you use appropriate virus scanning software.  We will not be liable for any Loss caused (whether negligently or otherwise) by any virus, malware, malicious software, program device or other faults or defects transmitted through the Website.

Collection of Information and Privacy

The terms of Our privacy policy are incorporated into this agreement and are available on our Website at www.evari.insure/privacypolicy.

Complaints and Disputes -

Should you wish to make a complaint please refer to our complaints and disputes policy which is available for viewing on our Website by going to www.evari.insure/complaints.

No Warranties

Except for those which are expressly specified in this agreement, all warranties, conditions and representations (including those that are implied) relating to the Website any information on the Website, and any goods or services that may be ordered or are ordered through the Website (including but not limited to the suitability of the content of this Website for any purpose, its completeness, currency or accuracy, fitness for a particular purpose, title and non-infringement) are, to the maximum extent permitted by law, excluded.

Notwithstanding the above, these terms and conditions do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred to you, or implied by, the Australian Consumer Law or any other applicable legislation. If We breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited, at our option to any one or more of the following:

a) In the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and

b) In the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.

 

Limitation and Exclusion of Liability

Subject to the paragraph above, to the maximum extent permitted by law, we exclude liability for any Loss however caused and under any theory of liability (including through negligence), arising from out of or in connection with or in relation to this agreement or the Website, or goods or services supplied including any Loss arising from:

  1. the use of the Website, or the inability to use the Website by You or any other party; or
  2. any failure of the Website or performance, error, omission, interruption, defect, delay in operation or transmission;
  3. unauthorised use of your user name or password;
  4. your reliance on information contained on the Website or otherwise provided by Us to You (including any action taken by you as a result of such information);
  5. any failure by Us to provide information about, or take or accept any request for insurance or other services;
  6. any failure by us to receive any order request or other message (whether placed by email, telephone, facsimile, post or electronically via the website) sent by You (or by any other person on your behalf) or any corruption of any such order or message;
  7. interception of, or any other unauthorised dealing with, any electronic order or other electronic message sent by You or by any other person on your behalf;
  8. inaccuracy or incompleteness of any information contained on the website;
  9. temporary or permanent unavailability of the website or any goods or services advertised on it;
  10. defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
  11. line or system failure; or
  12. the introduction of a computer virus, software, other program device or other technical sabotage,

even if We are advised of the possibility or likelihood of such Loss.

Further, the content of the Website does not constitute advice and should not be relied upon in making or refraining from making any decision.  

If any advice is given it is general in nature only and you should consider if it meets your needs.  You should read the policy wording before you buy to decide if the product is right for you.

Governing Law

This agreement is governed by and construed in accordance with the laws in force in the state of Western Australia, Australia.  

You submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or the Website.


Entire Agreement

These terms and conditions incorporate the entire understanding between you and us with respect to the subject matter of this agreement and supersedes all prior oral and written communications and proposals.


© Copyright Evari Services Australia Pty Ltd ABN 55 624 972 550
Evari Insure Pty Ltd ABN 49 615 973 487, AFSL 494857 acts as agent under a binding authority for certain underwriters at Lloyds and the Australian branch of Allied World Assurance Company, Ltd ABN 54 163 304 907Any advice provided is general advice only and you should consider if it suits your needs. Any testimonials are based on individual circumstances. Please read the policy wording available on this website before you buy to decide if the product is right for you. All product information displayed on this website is subject to policy terms and conditions (including eligibility criteria, exclusions and limitations). Your use of this website is subject to the website Terms of Use.