IMPORTANT NOTICE:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THEM AND THAT YOU AGREE TO BE BOUND BY THEM.
Claim Central Pty Limited ABN 61 102 685 343 and its related bodies corporate (We or Us) provide content on this website, including any portal or hidden page (Website) subject to the following terms and conditions (Terms) applicable to all visitors to the Website.
The Website consists of public areas with unrestricted access and private areas with restricted access, including the Wilbur Portal. Any reference to the Website is intended to apply to both areas.
We may periodically change these Terms. By accessing or using the Website, you signify your acceptance of any modified Terms.
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1. Ownership of Information on the Website – All content and functionality on any part of the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Us or our licensors. By accessing or using the Website, We grant you a limited licence to view and otherwise access content on the Website, but you are not authorised to use such content or source code for any other purposes, including reverse engineering or copying that content or source code, unless otherwise specified. All other rights are reserved, and, except as outlined these Terms or as otherwise permitted under law, no part of the Website and associated material may be reproduced or published in any form or by any means, electronic or mechanical, including photocopying, recording, or by information storage or retrieval system, without prior written permission from Us.
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2. Use of content – You agree to use the Website only for legitimate purposes. You agree not to interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any code, data or software on or associated with the Website.
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3. User Postings – You acknowledge and agree that We own and have the unrestricted right to use, publish, and We and any of our licensors may, otherwise exploit any and all information that you post or otherwise publish on the Website in postings, survey responses, and otherwise, and you hereby waive any claims against Us and any of our licensors for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such submissions. You covenant that you shall not post or otherwise publish on any part of this Website (including any portal or hidden page) any materials that: are threatening, defamatory, offensive, discriminatory or obscene; would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; infringe any of our intellectual property, privacy, or other rights or similar rights of any third parties; contain harmful code such as a computer virus or other destructive element; contain advertising; or constitute or contain false or misleading statements. We do not and cannot review all information posted to the Website by users and We are not responsible for such information. We reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason.
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4. Wilbur Portal – If you are a client accessing the Wilbur Portal you are required to create an account. You agree to keep your account details up-to-date via the Portal. You are solely responsible for all use of your Wilbur Portal account and maintaining the confidentiality of all passwords and information associated with your use of the Wilbur Portal. You acknowledge and agree that sharing of passwords and account usernames and information is at your own risk, and We and our licensors will not be liable for any loss or damage arising from or connected with your failure to comply with this security obligation. It is your responsibility to ensure the security of your username and password. We will be entitled to assume that anybody who uses the username and password has your full authority to do so and We accept no responsibility for misuse or unauthorised access. We may in our sole discretion, terminate or suspend your access to the Wilbur Portal for any breach or suspected breach of these Terms.
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5. Disclaimer– All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will We and any of our licensors, related partnerships or corporations, or partners, agents or employees, be liable to you or anyone else for any decision made or action taken or not taken in reliance on the information on the Website or for any consequential, special or similar damages or injury of whatsoever kind suffered or incurred by anyone arising out of access to or the use, reliance or misuse of or inability to use this Website or its contents or any failure by us to provide access to any websites or information updates, even if advised of the possibility of such damages.
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6. Third-party websites – We may provide links to third-party websites, and some of the content appearing to be on the Website is in fact supplied by third parties. We and any of our licensors do not endorse and have no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
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7. Security – While We take all reasonable steps to protect the security of the Website and communications within it, no data transmission over the Internet can be guaranteed to be totally secure. We cannot guarantee that the Website or any third-party website will be free from viruses or other harmful code, or that your access to the Website or any third-party website will be uninterrupted. We make no warranty (whether express or implied) regarding the efficacy of the Website’s security and cannot ensure the security of any information you transmit to or receive from us. Your use of the Website and transmission of any information to or from Us is at your own risk.
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8. Liability – You acknowledge and agree that We are not liable to you or any other person for any claim to any extent for loss or damage (including any type of consequential, incidental, special , exemplary or indirect damage or for any loss of profits, revenue or opportunity) caused by or arising out of: use or performance of the Website; delay or inability to use the Website or related services; the provision of or failure to provide services; errors, mistake or inaccuracies on the Website; you acting or failing to act on any information contained on or referred to in the Website, or any third party site; any fraud; any unauthorised access to or use of our servers; any interruption or cessation or transmission to or from the Website; any bugs, viruses, Trojan horses, or other harmful code or communications which may be transmitted to or through the Website to any third party; the quality or fitness for any purpose of any third party websites; and/or any information, goods, service and related graphics obtained through the Website.
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9. Indemnity – You fully indemnify and hold harmless, Us and our licensors and our and their officers, employees and agents from and against any loss, claim, liability, cost or expense incurred (including reasonable legal fees) by Us in respect of a third party claim arising from or in any way related to your use (or misuse) of the Website, your breach of these Terms, any applicable laws or any other terms and conditions which govern your use of this Website.
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10. Privacy – The privacy policy on the Website forms part of these Terms.
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11. Governing law and jurisdiction – These Terms are governed by and construed in accordance with the laws in the state of New South Wales. You submit to the exclusive jurisdiction of the courts in the state of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to the Terms. You waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may have now or in the future that any proceedings have been brought in an inconvenient forum, if that venue falls within the state of New South Wales.
