Terms of Service.

1. Purpose

Antipodean Underwriting Pty Ltd (ABN 72 679 572 313) (“Antipodean Underwriting/We/Us/Our”) issues insurance policies as an agent of certain underwriters at Lloyd’s of London and Australian Prudential Regulation Authority approved insurers.

Antipodean Underwriting owns and operates this website, www.antipodeanunderwriting.com.au and www.rateau.au including any connected or associated pages, interior pages, (“the Website”).

These Terms of Service set out the terms and conditions to which you must agree to access the Website and conduct business with Antipodean Underwriting.

Please read the following terms of these Terms of Service carefully, as they are a legally binding agreement between Antipodean Underwriting and you in respect of any information, services or products made available by us to you on or through the Website.

2. The Website

Antipodean Underwriting has created the Website to assist Australian Insurance Brokers in securing insurance terms, quoting, binding and amending Policies offered by Antipodean Underwriting.

3. Use of the Website

All access to and use of this Website is subject to these Terms of Service. By accessing and using the Website you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you are not permitted to access and use this Website and you should immediately cease accessing and using the Website.

If you breach any provision of these Terms of Service then your right to access and use this Website will immediately cease.

This Website is only intended for use by Australian Insurance Brokers. You should note that this Website is frequently updated.

This Website includes online application forms that you can use to apply for insurance on behalf of your Clients. By submitting information to us in an electronic format, you agree that you are a person authorised to do so on behalf of the applicant and that you have read, understood and agree to be bound by Antipodean Underwriting’s Terms of Service.

4. Registration

The registration process for the Website requires insurance brokers accessing the Website to choose a username and password (your “User Login Details”). You must keep your User Login 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 Login Details and authorise us to act on any instructions that we receive in conjunction with your User Login Details.

You may be contacted after you have registered to use the Website to verify your identity and/or bank account details. We are authorised to keep your bank account details on file to be used to return premium when necessary.

You must not share or disclose User Login Details to anyone without our prior consent. You accept full responsibility and indemnify Antipodean Underwriting for any expenses, loss, damage, costs, demands or liabilities arising out of or in connection with any improper or unauthorised use of your User Login Details, unless you have notified us that the security of your User Login Details have been compromised, in which case, we may elect, at our sole discretion, to suspend your User Login Details.

If you become aware or suspect that the security of your User Login Details has otherwise been compromised, you must notify us and change your password immediately.

We may restrict, suspend, alter or terminate your access to the Website at any time without cause and without notice to you at our absolute discretion.

You acknowledge that you may be automatically logged out of the Website where there has been no communication with our systems for a period of time. Any actions that are only partly completed at the time of the log-out may be lost.

5. Permitted Use

You may only use the Website if you are, or you are employed by:

a licensed insurance broker or an employee of a licenced insurance broker;
the authorised representative or distributor of a licensed insurance broker or an employee of an authorised representative or distributor of a licensed insurance broker; or
employed by Antipodean Underwriting.

You must only access the Website to transact insurance business (ie; quoting and binding insurance) on behalf of your Client/s in accordance with the terms and conditions of the relevant Policy (the "Permitted Purpose").

You are not permitted to do anything that may affect the security of this Website or any information or material stored within it.

You agree not to:

use any automated tool (such as a spider, robot, aggregation tool or artificial intelligence) to access, copy or extract such information;
copy or disclose to any person, any Website content, other than as expressly permitted by these Terms of Service;
use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;
use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;
reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s source code, formulas or processes;
use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;
use, obtain or attempt to obtain from this Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or
publish or otherwise distribute any information received through this Website, otherwise than for the Permitted Purpose.

You agree that if you provide any information on this Website, that information will be true, accurate and complete and acknowledge that we will rely on that information for the purposes of providing terms and pricing for an Policy to your Client.

6. Unauthorised or Illegal Use

We may decide not to authorise or settle any transaction that you submit to us if we believe that the transaction is in violation of these Terms of Service or any other agreement that you have with us or that it exposes you, our other customers, our insurers or reinsurers to harm. Harm includes fraud and other criminal acts and breaches of trade or economic sanctions. If we reasonably suspect that your account has been used for an unauthorised, illegal or criminal purpose, you give us express authorisation to share information about you and your account and any of your transactions with law enforcement authorities.

If you leave the employment, then you are no longer permitted to access the Website using your previous employers User Login Details. You must register a new account and are not authorised to use the Website until we have issued you with new User Login Details.

7. Before Binding a Risk

Prior to binding a risk, you will be provided a non-binding quotation along with your Record of Answers. This quotation is based on the information and answers you and/or the Client have provided to us through the Website. You must ensure that you review the quotation, the Record of Answers and any other terms, conditions or endorsements that have been applied to the quotation and confirm that the details are complete and correct. You must also ensure that you read and understand the quote conditions before binding the risk.

The Record of Answers confirms the answers to the questions that you have entered into the online application form on the Website. Antipodean Underwriting uses the answers that you have entered on your Client’s behalf to make an assessment of the risk and calculate the terms being offered and the premium that is to be charged. Antipodean Underwriting does not accept any duty, obligation or liability that may arise out of the incorrect information that is provided to us.

Where you have submitted a Proposal Form to Antipodean Underwriting and we have entered answers into the Website on your behalf, prior to agreeing to purchase the policy you and your Client should review the Record of Answers and ensure that the answers are correct and align with the details provided in the Proposal Form.

Prior to binding a risk, you can view, download and/or email yourself a copy of the policy wording and associated endorsements together with the quotation. You should ensure that you and the Client review the policy wording and associated endorsements and are satisfied with not just the benefits of coverage but also the limitations and restrictions on coverage.

8. Binding a Risk

In order to bind a risk, you must follow the process specified online. You cannot bind on a non-binding indication outside of the Website, or whilst there are outstanding subjectivities.

Quotations which have been generated by the Website can only be closed and bound on the Website by clicking on the “Buy Now” button, unless we provide our express written consent otherwise. The purpose of the Website is to make binding business with us easier and reduce paperwork for our brokers.

Quotations which have been generated by us outside of the Website, that is, that an underwriter has sent to you by an email, must be closed outside of the Website, that is, by sending the underwriter binding instructions by email.

9. Payment of Premiums

You agree that you will collect the Premium and remit the Premium to Antipodean Underwriting within forty-five (45) days of the day which the policy was bound. You may, before remitting the Premium to us, deduct any Brokerage owed to you by Antipodean Underwriting.

If you charge a fee to your Client for your services in arranging the Policy, any such fee must be shown separately in your account to your Client.

If payment of the Premium is not received by us within 45 days of the day which the Policy was bound, Antipodean Underwriting may cancel the Policy by giving notice in accordance with the provisions of the Insurance Contracts Act 1984 (Cth).

If a Premium refund is payable when a Policy is varied, cancelled or voided, Antipodean Underwriting will pay the refund to the Client through you and you will have an obligation to pass the refund on to the Client.

An invoice will be issued for payment at the time the quotation is issued through the Website. The invoice will be issued to you, at the email address that you have provided to us. Hardcopies of invoices will not be provided unless specifically requested.

Payment must be made in accordance with the invoice. There is no requirement to issue us with a Closing.

We agree that we are on risk from the time the policy is bound on the Website, subject to receipt of the premium. We reserve the right to withhold claims payments until such time as the premium is received by us.

10. Business Procedures

All business will be transacted through the Website on an offer and acceptance basis. Antipodean Underwriting is under no obligation to offer terms for a Policy or the renewal of a Policy.

For any quotation provided by Antipodean Underwriting through the Website, cover can only be bound through the Website. Requests to Bind cover outside of the Website will not be entertained.

Cover will be bound only by following the instructions set out on the Website. Any instructions to bind cover outside of the Website for a quotation issued through the Website will be void, unless otherwise agreed in writing by us.

You agree that you will, as agent for the Client, accept any documents, correspondence or other material issued us, and that receipt by you is deemed receipt by the Client. You agree that you will promptly forward any documents or other information received from us to your Client.

All material supplied by Antipodean Underwriting to you must not be changed by you without our written consent.

11. Confidentiality

You acknowledge and agree that:

only some of your or your Client’s policies may be viewable through the Website;
information about your Client’s information accessible through the Website is confidential and you must treat it as such;
any prices or premium calculations viewable through the Website will only be used for the Permitted Purpose; and
you will not provide confidential information particular to one Client to any other Client.

12. Updates

We reserve the right to amend our Terms of Service from time to time to ensure we properly manage and can continue to deliver the Website to you. Any amended Terms of Service will be posted on the Website and will be made available to you to view each and every time that you access the Website.

13. Severance

If any provision of these Terms is found to be void, invalid, or unenforceable, that provision must be read down to the extent necessary to make it valid or enforceable. If this is not possible, the provision will be severed without affecting the validity of the remaining Terms of Service.

14. Jurisdiction

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any objection to legal proceedings being brought in these courts.

If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with the laws of your jurisdiction.

15. Indemnity

To the extent permitted by law, you agree to indemnify Antipodean Underwriting for any liability, demands, proceedings, costs and expenses arising out of:

any breach of these Terms of Service by you;
the negligence, dishonest or unlawful conduct by you, employees or agents; or
the fraudulent, illegal, negligent or unauthorised use or disclosure of your User Login Details.

16. Limitation of Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your use of our Website and/or the inaccessibility of, interruption to or outage of the Website and/or any loss or corruption of data.

17. Warranties and Disclaimers

Antipodean Underwriting will use reasonable endeavours to provide access to the Website during normal business hours (AEST) on business days in New South Wales (excluding public holidays) and will strive to make the Website available up to 24 hours per day, outside of scheduled system maintenance. Antipodean Underwriting does not give any guarantee or warranty in relation to the availability or accessibility of the Website.

Your use of the Website is at your own risk. To the extent permissible by law, Antipodean Underwriting excludes all warranties in relation to the information available from the Website and disclaims all liability arising out of or in consequence of:

any computer virus, communications failure, Internet access difficulties or malfunction in equipment or software affecting the Website or any information or material available on the Website;
any delay in the operation of the Website or any of the services or information available through it;
disruption, unavailability or termination of access to the Website or any of the services or information available in the Website; and
unauthorised access, by any means or any breach of security, to the Website.

Antipodean Underwriting makes no warranty that the use or operation of the Website or any aspect of the Website, will be uninterrupted or error-free or that the Website or any of the products and services available on the Website or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.

Antipodean Underwriting does not endorse the views or recommendations of third parties that may be accessible or referred to on the Website.

18. Copyright

The content of this site including the design, text and graphics in addition to the software utilised, is the property of Antipodean and is protected by the national and international laws of Copyright. All software utilised in the site is the property of Antipodean or of its software suppliers and is protected by the national and international laws of Copyright. Any use, including the modification, distribution, transmission or reproduction thereof is strictly prohibited, save where express consent has been given by Antipodean Underwriting.

19. Definitions

Antipodean Underwriting, we, us or our means Antipodean Underwriting Pty Ltd ABN 72 679 572 313, or Level 57, 25 Martin Place, Sydney, in the State of New South Wales, Australia 2000.
Brokerage means your commission (ie; the percentage of the base premium) payable by Antipodean Underwriting as agreed between your Insurance Brokerage and Antipodean Underwriting for arranging a Policy for your Client.
Client means the policyholder and insureds, for whom you are authorised to represent as their agent (Insurance Broker) and for whom, you are seeking terms.
Closing means a document sent by an insurance broker to an underwriter confirming and finalising an insurance cover arranged by the broker for a Client.
Policy means an insurance policy, and/or any associated services, such as risk mitigation services.
Permitted Purpose means your legitimate reason for accessing the Website to transact insurance business (ie; quoting and binding insurance) on behalf of your Client/s in accordance with the terms and conditions of the relevant Policy.
Premium means the price of insurance cover for a specified risk for a specified period of time and includes all applicable taxes and charges.
Record of Answers means the record of all of the answers that you have entered into the Website in order to obtain a Quotation for and on behalf of your Client.
Terms of Service means the terms and conditions of service set out in this document.
Website means www.antipodeanunderwriting.com.au and/or www.rateau.au
User Login Details means your user name and password, or any other criteria that enables you to login to the Website.
You, your or yourself means you as agent or insurance broker for and on behalf of a policyholder, or prospective Client.

Important Notices

20. Claims Made Policy

Policies issued by Antipodean Underwriting provide coverage on a claims made and notified basis. This means that the policy only covers claims first made against you during the insurance period and notified to Antipodean Underwriting in writing during the insurance period. The policy does not provide cover for any claims made against you during the insurance period if at any time prior to the commencement of the insurance period you were aware of facts which might give rise to those claims being made against you.

Section 40(3) of the Insurance Contracts Act 1984 (Cth) provides that where the insured gives notice in writing to the insurer during the insurance period of facts that might give rise to a claim against the insured, the insurer cannot refuse to pay a claim which arises out of those facts, by reason only that the claim is made after the insurance period has expired.

21. Your Duty of Disclosure

Section 21 of the Insurance Contracts Act 1984 (Cth) provides that before you enter into a contract of general insurance with an insurer, you have a duty to disclose to the insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer’s decision whether to accept the risk of the insurance and, if so, upon what terms. You have the same duty to disclose those matters to the insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty, however, does not require disclosure of matter:

that diminishes the risk to be undertaken by the insurer;
that is of common knowledge;
that your insurer knows, or in the ordinary course of its business, ought to know; or
as to which compliance with your duty of disclosure is waived by the insurer.

22. Non-Disclosure

If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability under the contract in respect of a claim or may cancel the contract. If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from its beginning.

23. Retroactive Liability

Policies issued by Antipodean Underwriting are limited by a retroactive date. Where a retroactive date applies, it will be specified in the policy schedule. This means that the policy does not cover any civil liability arising from your conduct of the professional business prior to the retroactive date.

24. Alteration to Risk And Deregistration

The policy requires you to notify the insurer within thirty days of any material change in the nature of the professional business, or any act of insolvency or bankruptcy of the insured. The policy requires you to give immediate notice of the cancellation, suspension, termination or imposition of conditions in respect of the insured’s statutory registration. Claims arising following the cancellation, suspension or termination of the insured’s statutory registration are excluded from indemnity under the policy.

25. Limited Liability

The policy provides that if a payment greater than the limit of indemnity is required to dispose of a claim, the insurer’s liability for costs and expenses will be limited to the proportion that the limit of indemnity bears to the payment required to dispose of the claim.

26. Privacy Statement

Antipodean Underwriting is bound by the obligations of the Privacy Act 1988 (Cth) (as amended) regarding the collection, use, disclosure and handling of personal information. We will protect the privacy of your personal information. We collect personal information about you to enable us to provide you with relevant products and services, to assess your application for insurance and, if a contract is entered, to enable us to provide, administer, and manage your policy, and to investigate and handle any claims under your policy. We may disclose your information to third parties (who may be located overseas), such as the insurer, lawyers, claims adjusters, and others appointed by Antipodean Underwriting or by the insurer to assist us and them in providing relevant products and services. We may also disclose your information to people listed as co-insured on your policy and to your agents. By providing your personal information to us, you consent to us making these disclosures.

If you do not provide all or part of the information required, we may not be able to provide you with our products and services, consider your application for insurance, administer your policy, assess or handle claims under your policy, or you may breach your Duty of Disclosure.

When you provide us with personal information about other individuals, we rely upon you to have made them aware of that disclosure, and of the terms of the Antipodean Underwriting Privacy Policy, and to obtain their consent. For a copy of the Antipodean Underwriting Privacy Statement or to request access to or update the personal information, contact the Privacy Officer at Antipodean Underwriting by email: enquiries@antipodeanunderwriting.com.au.

27. Contact

For any questions regarding these Terms of Service, please contact:

Antipodean Underwriting Pty Ltd
Level 57, 25 Martin Place
Sydney NSW 2000
Email: enquiries@antipodeanunderwriting.com.au
Phone: 02 9238 2152