1 |
Zstream Access and Use |
1.1 |
These Terms and Conditions apply to your use of Zstream. If you do not agree to these Terms and Conditions you cannot use Zstream. |
1.2 |
The content on Zstream is made available by Zurich Financial Services Australia Limited (ABN 11 008 423 372) and its associated companies including Zurich Australian Insurance Limited (ABN 13 000 296 640, AFS Licence No. 232507) (referred to in these Terms and Conditions as "Zurich", "we" and "us"). |
1.3 |
All information on Zstream relating to any products or services is only for the information of persons within Australia. If you are providing advice to a person outside Australia:
(a) | you must ensure that person does not rely upon any advertising, information or other material available on Zstream; and |
(b) | you must ensure that person does not complete any application or accept or make any offer available on or accessible via Zstream. |
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1.4 |
You may only use Zstream if you are, or are employed by: (a) a licensed broker, (b) the authorised representative of a licensed broker, (c) an authorised CTP client, or (d) Zurich. |
1.5 |
You must only access Zstream to transact insurance business (including the provision of information to enable us to formulate a quotation for insurance cover, the acceptance of a Zurich quotation and obtaining information in respect of a client's insurance policy placed by us as a result of such acceptance) on the terms and conditions of the applicable Zurich wording for your Clients who have authorised you to do so ("Permitted Purpose").
You must only access Zstream for the Permitted Purpose and in accordance with any instructions or directions posted on Zstream from time to time. You may be personally liable for penalties under privacy laws and other relevant laws with respect to access to and use of Zstream and the information obtained from it, including information relating to green slips or sourced from the RMS. Some information relating to green slips or sourced from the RMS is restricted data under Part 6 of the Crimes Act 1900 (NSW) and unauthorised access, modification or impairment to or of such information or Zstream is an offence under that Part.
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1.6 |
You must only access information relating to your account and customers or, for historic purposes, for information that previously related to your account or customers. |
1.7 |
Zstream provides access to confidential information. We may require proof to our satisfaction of your authority to act on behalf of any person to provide or continue to provide access to information or Zstream. |
1.8 |
You may not be authorised to access all parts of Zstream. You agree not to access or use parts of Zstream which you know, or ought reasonably to know, you are not authorised to access or use. |
1.9 |
Save where we confirm to you that we will act on your instructions, we reserve the right not to act on any instruction which is inconsistent with these Terms and Conditions, the Act or the law and we will not be liable for any loss or damage in connection with our failure to act upon or delay in acting upon your instructions for any reason. |
1.10 |
You must not undertake, or permit to be undertaken, any activity which may compromise the security or integrity of Zstream. |
1.11 |
We may vary these Terms and Conditions at any time in our discretion provided the changes apply prospectively and you agree to comply with those changes that we notify you of from time to time (which may be by way of a notice on Zstream or by any other means of communication). |
2 |
Registration and Log-in |
2.1 |
The registration process for Zstream requires individuals accessing Zstream to choose a password and two security questions and answers around the time such individuals have been a user name by us (the "User Identification Details"). You must keep your User Identification Details confidential and secure against any improper or unauthorised use. You are responsible for any action or instruction carried out in conjunction with your User Identification Details and authorise us to act on any instructions that we receive in conjunction with your User Identification Details. |
2.2 |
If more than one staff member requires access to Zstream, you or your employer must notify Zurich and obtain User Identification Details for such additional staff members. You must not share or disclose User Identification Details to anyone without our prior consent. |
2.3 |
You accept full responsibility and indemnify Zurich for any expenses, loss, damage, costs, demands or liabilities ("Loss") arising out of or in connection with the use, (including any improper or unauthorised use) of your User Identification Details. This does not apply where:
(a) | you have previously notified us in accordance with these Terms and Conditions that the security of your User Identification Details has been breached; or |
(b) | you have not been in any way responsible for an improper or unauthorised use of those details. |
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2.4 |
If you become aware or suspect that:
(a) | your User Identification Details (or any part of them) have been lost, stolen or misused; |
(b) | any person other than yourself has obtained knowledge of your User Identification Details (or any part of them); |
(c) | any person is accessing Zstream using your User Identification Details (or any part of them) without your authorisation; or |
(d) | the security of your User Identification Details has otherwise been compromised, you must: |
(e) | notify us immediately by telephoning the Zurich e-Business team on 02 9995 2195 (or any other number that we advise from time to time); and |
(f) | change your password and security questions and answers immediately. |
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2.5 |
We may restrict, suspend, alter, or terminate your access to Zstream or any service available in Zstream, or not act on your instructions via Zstream in relation to any service available in Zstream if you materially breach these terms:
(a) | and the breach cannot be remedied; or |
(b) | the breach can be remedied, but you fail to remedy the breach within 30 days' of our written notice to you of that breach. |
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In addition to the above, we may also stop making Zstream available:
(i) | on 30 days' prior notice to you; |
(ii) | temporarily for maintenance and support purposes, in which case we may not provide prior notice to you; or |
(iii) | as necessary to comply with our legal or regulatory obligations, or to respond to any reasonably based concern in relation to you or your usage or any person on whose behalf you act, in which case we may not provide prior notice to you. |
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2.6 |
You acknowledge that you may be automatically logged out of Zstream where there has been no communication to our systems for 20 or more minutes. Any actions that are only partly completed at the time of the log-out may be lost. |
2.7 |
You acknowledge and agree that:
(a) | Only some of your or your customers' Zurich policies will be viewable online; |
(b) | Information about Clients' information accessible through Zstream is confidential and you must treat it as such. You must only access information about your or your Clients' quotations and policies ("Authorised Client Information"); |
(c) | If for any reason you gain access to information other than Authorised Client Information ("Non-client Information"), you must notify Zurich immediately and not retain or use the Non-client Information for any purpose or disclose it to any other person; and |
(d) | You agree to indemnify Zurich for any expenses, loss, damage, cost demands or liabilities arising out of or in connection with your failure to comply with your obligations under these Terms and Conditions. |
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5 |
Disclaimers |
5.1 |
Zurich will use reasonable endeavours to provide access to Zstream between the hours of 7 am and 9 pm (AEST) on business days in New South Wales (excluding public holidays) and will strive to make it available up to 24 hours per day outside of scheduled system maintenance. However, subject to law, Zurich does not give any guarantee, warranty or representation in relation to the availability or accessibility of Zstream or any of the services available in Zstream and may restrict or suspend access to Zstream by one or more users at any time in its absolute discretion, including for unscheduled maintenance. |
5.2 |
Use of Zstream is at your own risk. To the extent permissible by law, Zurich excludes all warranties in relation to the information available from Zstream, including all terms implied by statute, general law or custom and disclaims all liability arising out of or consequent on any:
(a) | any computer virus, communications failure, Internet access difficulties or malfunction in equipment or software affecting Zstream or your access to Zstream or any information or material available in it; |
(b) | any delay in the operation of Zstream or any of the services or information available through Zstream; |
(c) | disruption, unavailability or termination of access to Zstream or any of the services or information available in Zstream; and |
(d) | unauthorised access, by any means or any breach of security, to Zstream. |
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5.3 |
If any goods or services supplied through Zstream are not used for personal domestic or household use, then, subject to section 64A of Schedule 2 of the Consumer and Competition Act 2010 (Cth) and section 12EC of the Australian Securities and Investment Commission Act 1989 (Cth), our liability is restricted to:
(a) | in the case of goods, replacing or repairing the goods or the cost of replacing or repairing the goods; or |
(b) | in the case of services, re-supplying the services or the cost of resupplying the services. |
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5.4 |
Zurich makes no warranty that the use or operation of Zstream or any aspect of Zstream, will be uninterrupted or error-free or that Zstream or any of the services available on Zstream or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law. |
5.5 |
Any information on Zstream was believed to be accurate and reliable at the time it was sourced. Zurich accepts responsibility for policy documentation issued by Zurich and contained in Zurich generated documentation other than manifest errors. However, we do not otherwise accept any responsibility for errors in, or omissions from, the information on Zstream. Subject to any law, neither we nor our associated companies make any representation as to the reliability, accuracy or completeness of the information on Zstream. You should notify us promptly if any of Zstream contains any inaccurate or out of date information about you or your clients. Zurich does not endorse any views or recommendations of third parties included or referred to in any of the information on Zstream. |
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Subject to law, Zurich does not accept any responsibility, or owe any duty of care, to any person acting, or refraining from acting, as a result of any information or material on Zstream. |
10 |
General |
10.1 |
You agree not to attempt to disturb or damage in any way any code, data or software associated with Zstream or to otherwise adversely affect the operation of Zstream. |
10.2 |
Zurich may impose fees for use of Zstream at any stage in the future. |
10.3 |
Any reference to currency on Zstream is a reference to Australian Dollars unless otherwise specified. |
10.4 |
These Terms and Conditions and your use of Zstream are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. |
10.5 |
Any provision or any part of any provision of these Terms and Conditions that is or becomes invalid, illegal or unenforceable for any reason shall be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions of these Terms and Conditions. |
10.6 |
We may assign our rights and obligations under these Terms and Conditions to any related body corporate at any time without notice however this agreement is personal to you and you cannot assign, novate, sell or otherwise transfer to another person your rights or obligations under these Terms and Conditions. |