Terms and Conditions for Accessing Keystone’s Broker Portal

Introduction

Welcome to Keystone Broker Portal (the Platform), a service brought to you by Keystone Underwriting Pty Ltd (Keystone). The Platform is a service that allows intermediaries to carry out online transactions such as creating and issuing quotations via the internet.

If:

you are accessing the Platform for or on behalf of a company or other person; and Keystone and that person or company have agreed additional terms that apply to your use of the Platform, then,

if there is an inconsistency between these terms and conditions and any additional terms, the additional terms will apply to the extent of the inconsistency.

By accessing the Platform, you are deemed to have read and accepted these terms and conditions and any future amendments to these terms and conditions. If you do not agree to these terms and conditions (and/or any additional terms), you must stop using the Platform. You will be notified when the terms and conditions have been amended.

If you are an individual accessing the Platform for or on behalf of a company or other person, these terms and conditions will also bind that company or other person, except to the extent of any inconsistency with any additional terms.

The Platform and the products and services provided through it are provided for use by Australian residents only.

In using the Platform you acknowledge that the information obtained from the Platform for any client is factual information only and is not intended to imply any recommendation or opinion.  You must not represent to any person that either Keystone or the Platform has given any financial product advice to you.

Hours of Operation

Except as specified below, the Platform is available for use 24/7 however, note that any referrals requiring authorisation from the underwriter will only be actioned within business hours (9am -5pm EST) between Monday to Friday.

User Access ID

Keystone will give you a User Access ID in order for you to access the Platform.

You must maintain the confidentiality of the User Access ID at all times and must ensure that your User Access ID is not revealed or disclosed in any manner whatsoever to any person. Sharing of the User Access ID is strictly prohibited.

You must notify Keystone immediately of any misuse or unauthorised use of your User Access ID.

You are responsible for all transactions effected by the use of the Platform with your User Access ID, whether or not such use was authorised, and you will bear all charges, losses or damages arising from any use of your User Access ID.

User's Responsibilities

You are responsible for providing the hardware and software necessary for you to access the Platform.

You are responsible for ensuring that the hardware and software you use to access the Platform are compatible and suitable for communicating with the Platform. To the extent permitted by law and other than as expressly stated in these terms and conditions, Keystone does not warrant that any particular hardware or software will function satisfactorily or be compatible with the Platform.

You must not use the Platform for any unlawful purpose or in any manner inconsistent with these terms and conditions. You must also comply with all security and access requirements which we notify you of from time to time in relation to the Platform.

You are also prohibited from violating or attempting to violate the security of the Platform including, without limitation:

1. accessing data or logging into a server or account which you are not authorised to access; or
2. attempting to hack, probe, scan or test the vulnerability of a Platform or network to breach security or authentication measure without proper authorisation; or
3. attempting to interfere with the service to any user, host or network, via means of submitting a virus to the Platform, overloading or spamming; or
4. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You must use the information retrieved, stored or transmitted through the Platform for its prescribed purpose. Keystone may report any unauthorised use of confidential personal information that does not originate from you to the Police.

You must ensure that all information submitted through the Platform is complete, accurate, true, correct and consistent with the supporting documents. Failure to do so may result in delays in processing or rejection of the information submitted. You are liable for all costs incurred due to false or incorrect information submitted.

You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform.

Except to the extent permitted by non-excludable laws, you must not decompile, decipher, disassemble, reverse engineer or otherwise decrypt or attempt to discover the source code or other arithmetical formula in respect of any software underlying any of the infrastructure or processes associated with the Platform.

You are responsible for the security and backing up of your data. Keystone will not be liable or responsible to you in respect of any loss of, or damage to, data.

Intellectual Property

Subject to you complying with these terms and conditions, Keystone grants to you a non-exclusive, non-transferable, revocable licence to access and use the Platform for the sole purpose of obtaining quotations and applying for insurance policies issued by Keystone strictly in accordance with these terms and conditions and any other directions or guidelines provided by Keystone from time to time.

The contents of the Platform including the information, specifications, materials, programs developed by Keystone, text, graphics and logos are protected by copyright, trademark and other forms of intellectual property rights and these rights are owned by, licensed to or controlled by Keystone.

Except to the extent that you are expressly permitted to do so by these terms and conditions or by non-excludable laws, or where it is necessary for viewing the content of the Platform on a web browser, you may not reproduce, distribute, adapt, modify, republish, display, broadcast, store, transmit or create derivative works from, any part of parts of the Platform in any manner or by any means without prior written permission from Keystone.

You must use the Platform in a manner that will not infringe these intellectual property rights.

The Platform may contain links to non-Keystone websites (Linked Websites). Such links are provided for convenience only and may not remain current or be maintained. Unless otherwise stated on the Platform, Keystone has no relationship with the owners of the Linked Websites, has no control over or rights in the Linked Websites, makes no representations about the Linked Websites and, to the extent permitted by law, accepts no responsibility or liability for the content on, or operation of, those websites.

Suspension or Withdrawal of Platform

In addition to Keystone's other rights, it may, to the extent permitted by law and without any liability to you, block access to and/or suspend the operation of the Platform either temporarily or permanently at any time and for any reason. This includes suspending the Platform for maintenance as and when necessary. Keystone will try to notify you of the Platform's unavailability by posting a message on this website, but is not contractually required to do so. Keystone is not responsible for any damage or loss resulting from the unavailability of the Platform.

In addition to Keystone's other rights, it may immediately suspend or cancel your access to the Platform where incomplete, inaccurate, untrue, incorrect or inconsistent information is furnished, or where Keystone believes that you have breached any of the terms and conditions.

While Keystone will use reasonable efforts to promptly restore access to the Platform when it is reasonably satisfied that the cause of the suspension has been removed, Keystone will not be liable or responsible to you in any way if there is any delay in restoring access to the Platform.

Privacy

By using the Platform, you understand and agree that Keystone may use and disclose the personal information provided by you on the terms and for the purposes (including marketing) set out in Keystone's privacy statement available at www.keystoneunderwriting.com.au.

If you wish to opt out of receiving marketing material Keystone sends or wish to access or correct the personal information Keystone has collected or disclosed about you, then please contact Keystone's Privacy Officer at:

The Privacy Officer
Keystone Underwriting Australia Pty Ltd
104/266-268 Bay Road
Cheltenham
VIC 3192

Keystone may recover from you its reasonable cost of providing such access.

When you give Keystone personal information about other individuals, Keystone relies on you to have made or make them aware that you will or may provide their information to Keystone and the terms on which and purposes for which Keystone may use and disclose the personal information. If the personal information is sensitive information, Keystone relies on you to obtain the individuals' consent to Keystone's use and disclosure. If you have not done or will not do either of these things, you must tell Keystone before you provide the relevant information.

You consent to Keystone sending commercial electronic messages (including messages about Keystone's products and services and the products and services of third parties) to electronic addresses which you have provided to Keystone or for which you or any of your related bodies corporate are the relevant electronic account holder.

Complaints

You acknowledge that as the Platform is provided to you the Intermediary on a no advice basis, any complaint you receive from your client as a result of your using this Platform will be dealt with in accordance with your complaint resolution procedures.

As the Intermediary you have a right to complain about any aspect of your dealings with the Platform, and to have that complaint dealt with in accordance with Keystone’s complaint resolution procedures. All complaints are handled fairly, honestly and in a timely manner in accordance with the General Insurance Code of Practice

If you wish to make a complaint, please contact:

The Complaints Officer
Keystone Underwriting Australia Pty Ltd
104/266-268 Bay Road
Cheltenham
VIC 3192
Phone: 1300 946 530
Email: complaints@ksua.com.au

Disclaimers

You acknowledge that, to the extent permitted by law, Keystone does not warrant, represent or guarantee that access to the Platform will be uninterrupted or free from errors, that any identified defect will be corrected or that the information on the Platform is free from virus or other malicious, destructive or corrupting code, agent, program or macros.

Except for any rights you may have under the Competition and Consumer Act 2010 (Cth) or other legislation which cannot be excluded or limited or as expressly provided otherwise in these terms and conditions, all representations, warranties and other terms (whether express, implied, statutory or otherwise) arising out of or in relation to the Platform or these terms and conditions, are expressly excluded.

Keystone may alter or vary the format, functionality and content of the Platform (including modifying any of the software, hardware or processes associated with the Platform) at any time without notice to you. You agree and acknowledge that such alterations or variations may require you to make changes to the hardware, software or services which you use in accessing or using the Platform, and you will be responsible for making such changes at your cost.

You acknowledge that if you disable the receipt of cookies on your web browser, the Platform may not function as intended.

This clause will survive cancellation by Keystone of your rights to access and use the Platform.

Exclusion of Liability

Except for any rights you may have under the Competition and Consumer Act 2010 (Cth) or other legislation which cannot be excluded or limited, to the extent permitted by applicable law, Keystone is in no event liable to you or any other person for:

1. any damages, loss or expense (whether arising from breach of contract, breach of statute, tort (including without limitation negligence) or otherwise) arising from or in connection with:
   1. any loss of or any inability to retrieve any data or information however caused and including non-deliveries, misuses, misdeliveries as a result of any interruption, suspension or termination of access to the Platform;
   2. any failure, malfunction, defect, error, omission or interruption in (or any delay in transmission to) the Platform or any IT Platform, server or connection used by you to access the Platform;
   3. any computer virus or other malicious, destructive or corrupting code, programs or macro that may affect the computer equipment, program or other property which you use; or
   4. any inaccuracy in the information or resources that you provide in using the Platform; or
2. any:
   1. loss of profits or loss of business opportunity;
   2. liability in respect of third parties; or
   3. special, indirect or consequential loss or damage,
      which may be suffered or incurred in connection with the Platform or these terms and conditions, whether arising from breach of contract, breach of statute, tort (including without limitation negligence) or otherwise.

To the extent permitted by law, the liability of Keystone in respect of the Platform or under these terms and conditions is limited, at Keystone's option, to:

1. if the breach relates to the supply of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods or the payment of the cost of replacing the goods, acquiring equivalent goods or having the goods repaired; or
2. if the breach relates to the supply of services, the supplying of the services again or the payment of the cost of having the services supplied again.

Without limiting any other provision in these terms and conditions, Keystonewill not be liable to you for any failure or delay by Keystone to provide access to the Platform or to perform any of its obligations under these terms and conditions where such failure or delay is the direct or indirect result of any circumstances beyond Keystone’s reasonable control (and Keystone’s obligations will be suspended for the duration of such circumstances). Circumstances beyond Keystone’s reasonable control are deemed to include, without limitation, any failure or delay of any of Keystone’s agents, representatives, suppliers, service providers or subcontractors.

This clause will survive cancellation by Keystone of your rights to access and use the Platform.

Indemnity

You agree to indemnify Keystone against all liability, losses, damages, costs and expenses, including, without limitation, reasonable legal and other advisors’ fees, alleging or resulting from any breach of these terms and conditions by you or any unauthorised use of the Platform by you or anyone who has obtained access to the Platform through you.

This clause will survive cancellation by Keystone of your rights to access and use the Platform.

Variation

Keystone may change the contents of these terms and conditions at any time by notifying you or by publishing the varied terms and conditions on this website or the Platform and you acknowledge that this is sufficient notice of the variation. The changes will take effect on the date specified in the notice. If you continue to use the Platform after the specified date, you will be considered to have accepted the changes.

Assignment

You must not assign or transfer any of your rights under these terms and conditions to any other person. Keystone may assign or transfer any or all of its rights and novate any or all of its obligations under these terms and conditions to another entity without your consent.

Jurisdiction

These terms and conditions are governed by the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.