Use of QBE LMI's Web Site
This Web Site is owned and operated by QBE Lenders' Mortgage Insurance Limited (ABN 70 000 511 071) ("QBE LMI") under the domain name www.qbelmi.com ("Web Site"). The Web Site is operated on behalf of QBE LMI and its related bodies corporate (together called "QBE").
Unless expressly agreed otherwise, the Web Site is provided and may be used for informational purposes by Australian and New Zealand residents only.
Acceptance and changes to terms and conditions of use
By using this Web Site, or downloading materials from this Web Site, you agree to the terms and conditions of use set forth in this notice without limitation or qualification.
These terms and conditions of use may be revised at any time by updating this posting, and will be effective as of the date of such posting. Your continued use of the Web Site after any changes to this posting will be considered acceptance of those changes. This text was last revised on 9 April 2009.
Restrictions on use of QBE LMI's Website
As a condition of your use of QBE LMI's Web Site or any web applications contained on this Web Site, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with the terms and conditions contained on this Web Site.
Specifically, you agree not to:
- use this Web Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
- disseminate (by email or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
- use any address harvesting software or automated scripting tool software;
- engage in chain letters unsolicited emailing or spamming via QBE LMI's tools; impersonate any person or entity;
- use (upload, post, e-mail, transmit) QBE LMI's web applications and Web Site materials in ways that you do not have a right to under any applicable law or contractual obligation; or
- interrupt or attempt to interrupt the operation of this Web Site in any way.
- Except as otherwise expressly permitted by QBE LMI, no materials from this Web Site or any Web Site owned, operated, licensed or controlled by QBE LMI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Web Site for your use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Web Site for public or commercial purposes, including the text, images, audio, and video without QBE LMI's written permission.
Disclaimer and Limitation of Liability
No part of these terms and conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed on QBE LMI or other members of the QBE Group by any applicable law (including the Trade Practices Act 1974 (Cth)) if to do so would contravene such law or make any part of these terms and conditions of use void.
Exclusion and limitation
To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these terms and conditions of use. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of QBE LMI for the breach of any such term will be limited, at the option of QBE LMI, to any one or more of the following:
- in the case of goods, repair or replacement of the goods or payment for the cost of repair or replacement;
- in the case of services, resupply of the services or payment for the cost of the resupply of the services.
Liability of QBE LMI and other members of the QBE Group (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Web Site
In no circumstances will QBE LMI, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Web Site be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Web Site or any linked Web Site, even if QBE LMI or a QBE LMI authorised representative has been expressly advised of the possibility of such damage.
QBE LMI excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Web Site or any linked Web Site, even if QBE LMI or a QBE LMI authorised representative has been expressly advised of the possibility of such damage.
Damage and viruses
QBE LMI will not be liable for any damage to, or viruses that may infect, your computer equipment or other property as a result of access to, use of, or browsing this Web Site or your downloading of any data, text, images, video, or audio material from this Web Site.
QBE LMI does not warrant that the functions contained in the Web Site materials will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. QBE LMI does not warrant or make any representations regarding the use or the results of the use of the materials on this Web Site in terms of their correctness, accuracy, reliability, or otherwise. QBE LMI does not warrant the reliability of any advice, opinion, statement or other information displayed on this Web Site. The information and descriptions contained on this Web Site are not intended to be complete descriptions of all terms, exclusions and conditions applicable to QBE LMI's products and services, but are provided solely for general informational purposes. QBE LMI reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. QBE LMI neither warrants nor represents that your use of materials displayed on this Web Site will not infringe any rights of third parties not owned by or affiliated with QBE LMI.
Third party Web Sites
This Web Site may be linked to other web sites that are not maintained by QBE LMI. QBE LMI is not responsible for the content of those web sites. If you use these web sites, you will leave this Web Site. If you do decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The inclusion of any link to such web sites does not imply approval or endorsement by QBE LMI of such web sites or the content thereof.
Trademarks and Copyright
'QBE LMI' and all associated trade marks, services marks, trade names, logos, and icons are proprietary to QBE LMI or other members of the QBE Group, unless otherwise noted. Nothing contained on this Web Site should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trade mark displayed on this Web Site without the written permission of QBE LMI or such third party that may own the trademarks displayed on this Web Site. Your use of the trade marks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited.
Images displayed on this Web Site are either the property of, or used with permission by, the QBE Group. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted herein. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Privacy and QBE LMI's Use of Information
When you provide us with your registration information (includes personal information) we retain and use this information for the purpose of providing you information about QBE LMI. We may share your details with others in the QBE Group and sometimes with organisations who conduct our online marketing activities. For further information contact QBE LMI'S privacy officer firstname.lastname@example.org
Browsing the Web Site
Our web server and Online Business Tools also collect information about:
- the number of visitors to the Web Site;
- the date, time and duration of visits;
- how visitors have navigated through the Web Site;
- the applications visitors used on the Web Site; and
- whether visitors have transmitted our information on to third parties.
This data is obtained when people browse the Web Site or use any of QBE LMI's Online Business Tools or Web applications. It does not however include details that would identify any individual visitors to our Web Site.
QBE LMI preserves the right at all times to lawfully monitor, record and disclose any personal information to satisfy applicable laws and regulations.
QBE LMI product information
Except as specifically stated in these terms and conditions of use, the information contained on this Web Site:
- is not an offer to sell or a solicitation to buy any security, insurance product or other product or service; and
- does not form part of the terms for QBE LMI supplying to you any products and services of the QBE Group.
No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some QBE LMI products and services may not be available in all jurisdictions.
This Web Site is controlled, operated and administered by QBE LMI from its offices in Australia. QBE LMI makes no representation that materials on this Web Site are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Web Site from a location outside of Australia, you are responsible for compliance with all applicable local laws. These terms and conditions of use shall be governed by the laws of the State of New South Wales. You agree that the appropriate state or federal court in New South Wales will have the exclusive jurisdiction to resolve all disputes arising from this Web Site or these terms and conditions of use, and you consent to personal jurisdiction in such forum.
Entire agreement and severance
These terms and conditions of use constitute the entire agreement between QBE LMI and you with respect to your use of this Web Site. Part or all of any provision in these terms and conditions of use that is illegal or unenforceable, will be severed from these terms and conditions of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to effect the original intent of these terms and conditions of use.
© 2008 QBE Lenders' Mortgage Insurance Limited