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.
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.
By purchasing an insurance policy from Us:
Buying A Policy Through the Website
Creating a binding policy of insurance through the Website is a two step process. A binding policy of insurance is only created when the two step process is complete. Step one is to enter your details and request a quote.You will be required to set up an Evari Account. If our underwriting guidelines allow Us, We will issue a quote to you. If you wish to accept the quote and want to purchase a policy, you will proceed to step two, policy purchase. We will ask you for further information and then provide you with an offer to purchase a policy (“Offer”). The policy purchase will be complete when We have received and provided confirmation of your acceptance of our Offer. Receipt and confirmation of your acceptance of an Offer occurs only when:
We will treat all electronic instructions transmitted or issued through the Website as authentic and We will be under no obligation to investigate the authenticity of the electronic instructions transmitted or issued. We may act on electronic instructions sent and received through the Website without further consent or reference to you.
Credit/Debit Card Payments
When you purchase our products, you will be paying through Stripe, our payment processing provider. By providing your credit/debit card details to Us either through the Website, over the telephone or otherwise, you will be agreeing to Us instructing Stripe to:
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.
You must not use the Evari Account of another person to view or change the details of the insurance policy associated with their account unless you have their express authority to do so.
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.
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.
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.
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
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.
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, the Website, Evari Account or goods or services supplied including any Loss arising from:
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.
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.
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
*Please refer to the Approved PowerPass customer Discount Terms and Conditions.
^ Pause Feature available for Legal Liability cover paid monthly in advance. You get the proportion of money paid for the pause period in the current month as a credit the next month. You need to continue to pay a month in advance which may mean you need to pay any difference between the amount of the current month’s credit and the premium. If you pause and a payment is overdue your policy will be cancelled if the overdue amount remains unpaid 30 days after the due date.