Online Terms & Conditions
About our online site
1.1We operate certain online sites ("Online Site(s)"), including our:
1.11 main website () and mobile device site (m.woopa.com.au) ("Main Site");
2.1. Our Online Sites may include product advertising, services, information, text, graphics, materials, social media forums, applications, functions and promotions ("Site Content").
3. Links to other third-party sites or applications
3.1. An Online Site may contain links or references to other websites (including other social media websites) or applications which are independently owned or operated by third parties ("Third Party Sites"). When following a link on an Online Site, material at a Third-Party Site may be displayed in your browser framed by Site Content.
3.2. We are not responsible or liable for the content of Third-Party Sites. Your access to and use of those sites is at your own risk and may be subject to separate terms and information handling practices. Any links are provided for convenience only, and do not indicate any sponsorship, endorsement or recommendation by us.
4. Our standard terms and fees and charges
Terms and conditions apply to all products and services described in our Online Sites and may be varied at any time without notice (where permitted by law). Fees and charges for new users (or non-auto renewal subscribers) may also apply to products and services and may be varied at any time without notice except where notice is required under any law or code in which case, we will give you the required notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request.
5. Content you submit to our Social Media Sites
5.1. When a user of any of our Social Media Sites ("Social Media Site User") submits any personal information, content or materials via a Social Media Site including text, comments, recordings, images ("User Content"), unless otherwise advised by us, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability. We qualify this term 7 by stating that any recruitment application or related correspondence via a Social Media Site, but which is not provided by way of an open public forum or other public process, will be treated by us in accordance with Clause 25.4.
5.2. You agree that you are fully responsible for the User Content you submit. We will not be liable in any way for such User Content to the full extent permitted by law and will not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site user. We may screen and/or remove and/or request that the third-party operator of any Social Media Site remove any User Content without notice for any reason whatsoever. You warrant and agree that:
a) you will not submit any User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, or is unreasonably commercial (for example, a 'guerrilla marketing' attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;
(b) you will obtain prior consent to the submission of your User Content from all persons who appear in (for example, in photographs) or have any rights (including moral rights) in relation to such User Content;
(c) your User Content is your own original work and, to the extent that any rights in that work (including copyright) are not owned by you, you will obtain full prior consent from any person who has jointly created or has any rights in the User Content, to the uses and terms herein;
(d) your User Content will not contain viruses or cause injury or harm to any person or entity or device; and
(e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems.
5.3. Without limiting any other terms herein, you agree to indemnify us (and any of our related bodies corporate) for any loss or expense suffered in relation to any breach of the above terms.
5.4. You consent to any use of your User Content in accordance with term 7 which may otherwise infringe your moral rights pursuant to the Copyright Act 1968 or other applicable laws, including using and reproducing the User Content without attributing it to you, and making modifications or adaptations to the User Content.
Whilst reasonable steps have been undertaken to ensure that information on our Online Sites is free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of Site Content. All information is subject to change without notice. We do not guarantee that any Online Site or any Third-Party Site will be free from viruses, or that access to any Online Site or Third-Party Site will function as intended or be uninterrupted. You must take your own precautions to ensure that whatever you select for your use from the Online Sites is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
7. Limitation of liability
Subject to any responsibilities implied by law and which cannot be excluded, we, and our directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Site Content, User Content, Third Party Site content, third party services, or access (or lack of access) to an Online Site (or website operated by any member of the Suncorp Group) by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
8. Availability of an Online Site
8.1. We may impose limits or restrictions on the use you may make of an Online Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Online Terms, we may vary or withdraw an Online Site (of part thereof, including the products and services described) at any time and without notice to you.
8.2. Any cost associated with accessing an Online Site is your responsibility and is dependent on the internet or telecommunications service provider used.
9. Restrictions on use of an Online Site
Site Content is provided solely for bona fide personal or commercial customers, or their legitimate representatives. You agree that you will not, (either yourself or through any third party):
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our Online Sites, or any of the information, content or data contained within or accessible through any of our Online Sites, without our prior written permission;
(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through any of our Online Sites with information, content or data accessible via or sourced from any third party;
(c) use any information on or accessed through any of our Online Sites for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of our Online Sites or any transaction or process being conducted on or through it;
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to any of our Online Sites;
(f) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with any of our Online Sites; or
(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Online Sites without our prior written permission.
10. Third party providers
11. Copyright and trademarks
11.1. Site Content is owned or licensed by us and is protected by copyright laws in Australia and overseas.
11.2. Except where necessary for and incidental to viewing or using the Site Content via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no Site Content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.
11.3. The Online Sites include trademarks which are protected by law. We and our related bodies corporate reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.
12.1. Termination of these Online Terms
Unless otherwise stated in this term 12, these Online Terms and/or your access to our Online Site(s) may be terminated at any time by us. You may terminate your use of our Online Sites at any time. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.
12.2. Prohibition on access post termination
Upon termination of these Online Terms and your right to access to our Online Site(s), you must not directly or indirectly access or use any part of our Online Site(s) or any Site Content.
13. Changes to these Online Terms
These are the current Online Terms. We reserve the right at any time to vary these Online Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of an Online Site, by publishing the varied Online Terms on the Online Sites. We do not have to indicate on an Online Site that these Online Terms have changed, nor are we under any obligation to specifically contact or notify you of any variation to these Online Terms. You accept that we provide you with sufficient notice of any variation by making available the current version of the Online Terms on the Online Site you use. By your use of an Online Site after any variation, you are taken to have accepted the new Online Terms.
14. Your Online Privacy
14.1. Notwithstanding any other term in these Online Terms, you agree and freely acknowledge that when you submit comments, recordings, images or other personal content, for public display on an Online Site, that content may be available for anyone in the world to read and/or view and/or comment on and potentially download. See terms 7 and 25 for further information about the public display of your content.
14.2. Our Main Site uses the services of the firm Adobe to monitor website use. The Adobe Site Catalyst tool does not collect any personally identifiable information while you use our site(s) and the reports it provides us are of aggregated information only. These reports help us to maintain, administer and improve these sites.
15. Information collected and how we use it
15.1. General Information
15.1.1. The information we will collect about you will depend on how you use an Online Site.
15.1.2. If you use an Online Site to read, browse or download information, our computer system may record information such as the date and time of your visit, the pages accessed and any information downloaded. This information may be used for statistical, reporting, site/application administration and maintenance purposes.
15.1.3. An Online Site may offer interactive facilities including tools, games and other online features. If you use any interactive facilities, we may capture any personal information which you may enter when using these tools.
15.2. Personal information submitted to an Online Site
15.2.1. When you as a user of an Online Site ("Online Site User"), including any Social Media Site User referred to in term 7 above, submits any personal information via an Online Site you consent to that personal information being collected by us and used and disclosed for any purpose permitted by these Online Terms, and otherwise as permitted by relevant privacy laws in Australia and/or New Zealand.
15.2.2. You agree to obtain the prior consent of any other person whose personal information (whether in the form of words, images, recordings or otherwise) you submit to us via an Online Site, including any Social Media Site. We will collect this information from you in good faith and take reasonable precautions to ensure it is handled in accordance with relevant Australian privacy laws. If you are not sure whether the other person would agree with you providing their personal information to us, please exercise caution and DO NOT provide it to us.
15.2.4. We also collect, hold, use and disclose personal information about individuals when they interact with us in a range of other ways. These may be individuals who are not customers or they may be customers who are interacting with us in a different way. You may be one of these people. For example, you may: interact with us via a Social Media Site; make an online enquiry; be a witness in a customer's claim; or be a claimant on another customer policy. We have Privacy Statements that detail the information you need to know about our privacy practices and how we may deal with your personal information when you interact with us in these other ways.
15.2.5. We may collect your personal information (such as your name, email address or Social Media Site alias) in order to provide you with an interaction or outcome you have requested. This may require us to disclose your personal information to one or more third parties, including but not limited to agents or external service providers.
15.2.7. If you decide to enter a promotion that is made available or otherwise advertised on an Online Site you will need to agree to that promotion's separate terms and conditions, which will be drawn to your attention as part of the entry process.
15.2.8. Where practical we will collect your personal information directly from you by email, letter, phone, in person .
15.3. Security of personal information submitted to our Main Site
15.3.1. All personal information you provide to our Main Site over the internet while inquiring about our products or obtaining a quotation, or entering a promotion (as relevant) is passed through a secure, encrypted connection. The secure connection is over a protocol called secure sockets layer (SSL). We use a minimum 128- bit encryption, which provides a very high level of protection against unauthorised access in order to prevent unauthorised persons from reading the information while it is in transit over the internet. Once your personal information has been received at our Main Site, we take all reasonable precautions to securely pass that information to our mainframe computer or to another member of the Nebula Data on our behalf, or in the case of a promotion, to our secure promotion database. These mainframe computers are not directly accessible through the internet, nor is our promotion database. No details you provide to us are stored on a web server.
15.3.2. When you make an online payment for an insurance product on one of our Online Sites your payment card number will be passed in a secure manner between our Online Site and one or more third party providers, such as the issuer of your payment card. Your payment card number will be recorded in a mainframe computer operated by us or by another member of the Suncorp Group on our behalf. If your payment card number is stored it will only be for our own or a financial institution's record keeping purposes (or otherwise as required by law).
16 Renewal payments
16.1.1. The Main Site may offer an online facility for renewal payment of certain subscription merchant service plan policies with selected payment cards.
16.1.2. The policy renewal notice will indicate whether online renewal payment is available.
16.1.3. When the renewal payment facility is available, an online renewal payment can be made by following the online instructions on the Main Site.
16.1.4. When making a payment for a policy renewal via the Main Site, you will be taken to have renewed that policy only when:
(a) the Electronic Instruction containing the invoice number, premium amount due and payment card details, and an instruction from you to renew the subscription plan, enters and is recorded in the Relevant Database;
(b) we receive all required details of a current and valid payment card which you are authorised to use, which is of a payment card type accepted by us, and to which we are able to charge the premium;
(c) a record is created and stored in the Relevant Database;
(d) a receipt number is generated by the Relevant Database; and
(e) the Relevant Database is updated with information from the payment database
17. Main Site: service purchase transaction payments
17.1. All payments for any subscription plan policy transactions via the Main Site must be paid in full by clear funds by the due date specified in the relevant confirmation.
17.2. All payments referred to in term 17.1 above are to be made by permitted payment cards (or permitted financial institution account debits, as relevant) at the time of the relevant transaction in relation to the applicable policy or service. In the case of a payment card transaction, you must therefore provide us with details of your permitted current and valid payment card, including:
(a) payment card type;
(b) name on payment card;
(c) payment card number;
(d) card verification value (CVV); and
(e) expiry date.
In the case of a financial institution account debit, you must provide to us with details of your permitted current and valid financial institution account, including:
(a) the full name of the account holder; and
(b) the account number and its BSB number (bank/state/branch number).