UPDATED: AUGUST 15, 2023
Website Terms of Use for Coalition, Inc.
These Terms of Use (the “Terms”) govern your use and access to information and resources across websites operated by Coalition, Inc. and its subsidiaries or affiliates, including Coalition Insurance Solutions Pty Ltd ACN 657 140 791 (collectively, "Coalition", "we", "us", or "our”). Listed below, you can find the Terms for using Coalition’s websites.
This website and other websites operated or controlled by Coalition (collectively, the “Site(s)”) include content, text, information, advertising, data, audio/visual materials, and software (collectively, “Content”), as well as communication tools, access to email services (through Coalition), online directors, administrative services, download areas, discussion forums, search functionality, account management tools, access to certain content (e.g., industry forums, support pages, news, or other supported third-party content), certain diagnostic tools, and other information (collectively, the “Services”). The Services may themselves contain Content.
Acceptance of Terms:
By accessing the websites, any websites that link to these Terms, and any Content provided in the websites, you acknowledge and agree to be subject to these Terms which form an agreement between you and Coalition regarding your use of the Sites. Certain Content, transactions or other dealings with Coalition may also be subject to additional, separate terms and conditions, whether on a particular Site or in a separate written or electronic agreement between you and Coalition, including, but not limited to, Coalition’s insurance policy terms and conditions, Coalition’s Privacy Policy, Coalition’s Electronic Signature and Disclosures Policy, and any other Coalition policies referenced herein. Coalition’s obligations with respect to Content are solely as defined in such other agreements, and nothing in these Terms is intended to modify them.
BY ACCESSING AND/OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL THE REQUIREMENTS DESCRIBED HEREIN.
Website Content Disclaimer:
All Content available on the website, including (without limitation) any statements, representations and information is of a general nature only. We retain complete discretion regarding the type of Content which will be made available through the website. All designs, images and graphics included in the Content available on the website are used for illustrative and indicative purposes only, and we reserve the right to amend these without notice to you at any time. The Content should not be relied upon as the basis of any decision you make relating to our services or transaction you enter into, or propose to enter into, with us. You should undertake your own enquiries and seek independent advice before making any decisions regarding the Content. Whilst we will endeavor to keep this website and the Content up to date and accurate, we cannot guarantee that the website or Content will always be up to date or accurate.
Displayed Pricing and Errors:
Coalition makes commercially reasonable efforts to maintain price, availability and information on its Sites as accurately as possible. Prices for services on offer are subject to change without notice. All trials, specials and promotions (collectively, “Programs”) are governed by the specific terms of those Programs, may be limited to certain locations, states, provinces, or territories, and may be withdrawn at the discretion of Coalition. We make every effort to ensure the accuracy of pricing information displayed on our Sites. To the extent permitted under law, if an error is made and a service or product is listed at an incorrect price, Coalition shall maintain the right to refund or cancel an order placed at the incorrect price.
Account Registration; Username and Password:
If you access the Sites anonymously, you will not be required to create a username. However, in order to access some or all of the Services or Content, you will have to provide specific information required to create an account. You hereby represent and warrant that the information you provide to Coalition upon registration (including information provided through your linked Google or Facebook account, as applicable, or other third-party Linked Accounts, as defined below) (“Account Information”), and at all other times, will be true, accurate, current, and complete. Your Account Information also includes any information you provide to us during the insurance application or claims process. You hereby represent and warrant that you will ensure that your Account Information is kept accurate and up-to-date at all times.
All personal information associated with your Account Information or your use of the Services is collected, used, and disclosed in accordance with our Privacy Policy. If you are issued an account, you are responsible for the security of your account user ID or username(s), password(s) and any other registration or application information, and you are responsible for any use (authorized or not) of your accounts for the Sites, provided you have not notified Coalition of unauthorized use. Unauthorized access or use of such portions of the Services that require an account user ID and password is prohibited. You agree that you will notify Coalition immediately if you believe that a third-party has obtained your user ID or password, or if you become aware of any unauthorized activity regarding your accounts or other breach of security in connection with the Sites. Until you notify Coalition, you may be held liable of losses incurred by Coalition or any other user of the Sites due to unauthorized use of your account or Account Information. If you notify Coalition or Coalition has reasonable grounds to believe your account has been compromised, then Coalition may temporarily suspend or terminate your account, or otherwise restrict access to the Services or Content at any time, with or without notice.
Equipment and Software Management:
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Sites. Minimum systems requirements apply to the use of the Sites, and it is your responsibility to ensure your computer, mobile device or other operating system complies with these requirements in order to access the Sites. You agree that you are solely responsible for maintaining the security of your computer(s), mobile devices), and other related equipment and all personal and other data, including without limitation, encryption of data. You must take your own precautions to ensure that accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to data, hardware or software which arises in connection with your use of the website. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. Coalition is not responsible for back-up restoration of your information for any loss of or disablement of access to your information, including, without limitation, email, address book information or information provided through your linked Google or Facebook account, as applicable, or other third-party Linked Accounts. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Coalition servers in accordance with the terms of Coalition’s Privacy Policy for back-up and maintenance purposes without notice; and (b) block or remove unlawful content you store on or transmit to or from any Coalition server without notice. We will use reasonable endeavours to do so but cannot guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alternation or improper access.
Privacy Policy:
Coalition’s Privacy Policy (the “Privacy Policy”) governs your use of the Sites, and is incorporated in these Terms by reference. The Privacy Policy explains, among other things, what information is gathered from users of the Sites, how the information is used and retained, and ways users can restrict the use or disclosure of information we collect, use or disclose. Coalition may be required to cooperate with law enforcement or regulatory authorities in the investigation or inquiry of any criminal, civil or regulatory matters, which may include monitoring of the Coalition network consistent with applicable law. Information that you provide to a third party website that is linked to the Sites is governed by that third party website’s terms and policies and not these Terms or our Privacy Policy.
Limitations on Use; Linked Accounts and Third-Party Websites:
You acknowledge and agree that Coalition (1) some or all of the Content or Sites may be unavailable due to schedule outages and downtime, disaster recovery processes or due to circumstances beyond Coalition’s control and so far as Coalition is not directly responsible, it will not be liable for invalid destinations or transmission errors; and (2) does not guarantee your ability to access all Sites, Content or Services or that the Sites are secure or will meet your needs, and Coalition is not required to maintain any particular Content or features and functions of the Sites. Disruptions to the processes supporting the Sites beyond Coalition’s reasonable control may result in the Sites being unavailable from time to time and you acknowledge that you may not be able to access the Sites, Services or Content or any associated accounts or related services during such periods. Certain areas of the Sites may contain Content or Services from other users, and Coalition and its Licensors assume no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained therein from such other users. You also understand and agree that Coalition (and its third-party suppliers, vendors, and licensors) have no control over third-party networks or websites that you may access in the course of your use of the Sites.
A. Linking
Coalition may, now or in the future, allow you to link your account on the Site to your account(s) on third-party services, such as social networking sites ("Linked Accounts"). By linking to the Site, you represent that you have read and agree to be bound by the Terms. If you link your account on any of the Sites to a Linked Account, you are authorizing Coalition to store and use your access credentials to access your Linked Account on your behalf, as your agent, to integrate your experience with the Site with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests, or "likes" of the Linked Account, and/or pushing updates regarding your use of the Services out to your Linked Accounts. The information we receive when you link your account through a third party service depends on the settings, permissions, and privacy policy controlled by that Linked Account. Linking, accessing, or using a third party service through the Platform in this manner may be subject to additional terms and privacy policies established by the applicable third party, and it is your sole responsibility to comply with such third party terms and familiarize yourself with such privacy policies.
Upon linking to the Site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use Coalition’s name solely for providing an underlined, textual link from the Linked Account to Coalition’s Site. Without specific, written consent from Coalition, you are not permitted to link to an internal or subsidiary page of the Site that is located one or several pages down from the Home Page (“deep link”), or bring up present content of the Site within another website (“frame”).
The inclusion of any Linked Accounts or content from the Sites does not imply endorsement of the Linked Account or its content by Coalition. In no event shall Coalition or licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s website, including Linked Accounts, or the information or material accessed through such websites or links. Linking or access and use of any third party websites linked to or from any of the Sites is entirely at your own risk and is solely governed by the terms and polices applicable to said third party websites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party websites prior to linking accounts to the Sites.
B. Third-Party Websites
Any of the Sites may contain links to third-party websites, applications, advertisers, services, special offers, or other events or activities (“Third-Party Services”) that are not owned or controlled by Coalition. These Third-Party Services are provided "AS IS" and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. In most cases, Coalition is not affiliated with those Third-Party Services, does not endorse them, has no control over them, and assumes no responsibility and/or liability for the content, privacy policies, or practices of any Third-Party Service.
If you access any Third-Party Services from our Site, you do so at your own risk and such access is subject to all applicable local, state, provincial, national and international laws and regulations. By using the Third-Party Services, you expressly release us (and our owners, directors, officers, employees, agents, affiliates, successors, assigns, and/or licensors) from any and all liability arising from your use of any Third-Party Services to the extent that any liability is not caused or contributed to by Coalition. Accordingly, we encourage you to be aware when you have left our Site and to read the terms and conditions and privacy policy of each Third-Party Services that you visit.
C. Overseas access:
The website may be accessed throughout Australia and overseas. We make no representations that the Content or the website complies with the laws of any country outside Australia. If You access the website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the website.
Acceptable Use:
You may not use the Services or any aspect or feature thereof, in a manner that is illegal or in any way that might harm, damage, or disparage any other party. You also agree not to misuse our Services, or not to use our Services in a manner that is inconsistent with the Terms. Each party will: (a) review and comply with these Terms and Privacy Policy; and (b) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, regulatory requirements, and international sanctions, including those promulgated by the US Office of Foreign Assets Control (OFAC). Further you, agree that you will: (c) provide accurate information to us in connection with the Services and update it as necessary; and (d) act reasonably when interacting with us. You also agree to immediately notify us if you become aware of any unauthorized use of the Services, or a security breach or other illegal activity in connection with the Platform or Services, generally.
If you or anyone using your account to access the Site or Content, violates these Terms, is objectionable or unlawful, or interferes with, disrupts or degrades Coalition or other user’s use of the Services then, without limiting any other remedy Coalition may have, Coalition (acting reasonably) may suspend, restrict or terminate your access to any Site or Content (and to take any other action Coalition deems appropriate to protect Coalition, our users and our products and services).
Without limiting the general policy stated above, you agree NOT to use the Sites (including Linked Accounts to the Sites), or any Content or Services, to do any of the following without our express written consent:
create an account for anyone other than a natural person (unless you are a company, organization, legal entity, or a brand and represent that company, organization, legal entity, or brand);
defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person, or engage in any other predatory behavior, including without limitation, sending unwelcome communications to others, or advocates or incites violence, criminal conduct or the violation of law or the rights of Coalition, its Licensors, employees or any third party;
interfere with the rights to privacy of another user of this Website or any other person;
use or attempt to use another's account or create a false identity;
infringes or misappropriates Coalition’s or a third party’s intellectual property, confidentiality, or other rights;
duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms;
decompile, disassemble, uses reverse engineering, decipher, or otherwise attempts to derive the source code for the computer systems and other technology that operates the Sites or Services, or that is available through the Services, or any part thereof;
utilize or copy information, content, or any data you view on or obtain from the Services or Content for commercial purposes;
adapt, modify, or create derivative works based on the Services or technology underlying the Services, in whole or part;
rent, lease, loan, trade, or sell/resell any information on the Services, in whole or in part;
use the communication systems provided by the Services for any commercial solicitation purposes, including to send unsolicited or unauthorized advertisements, spam, or chain letters;
sell, sponsor, or otherwise monetize any service or functionality in the Services;
post any material that is obscene or indecent;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Services (whether ours or our licensors');
remove, cover, or otherwise obscure any form of advertisement included on the Services;
collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
compiles, uses, downloads or otherwise copies any other users' or third party's usage information (whether such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
infringe or misappropriate Coalition’s or a third party’s brand, logos, or trademarks or other intellectual property, confidentiality, or other rights;
accesses (or attempts to access) any of the Content or Services by any means other than through the interface that is provided by Coalition. You specifically agree not to access (or attempt to access) any of the Sites through any manual or automated system or software, devices, scripts “robots,” “offline readers,” “bots,” bots, web crawlers, or other means, or processes to access, "scrape", "crawl", "cache", or "spider" any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance, or functionality for any competitive purpose;
engage in "framing", "mirroring", or otherwise simulating the appearance or function of the website;
attempt to or actually access the Services by any means other than through the interfaces provided by us, which includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs through or on the Services;
interfere, disrupt, or game the Services (or the servers and networks connected to the Services), whether via malicious software or otherwise, and including, but not limited to any servers or networks connected to the Services, or the underlying software;
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; or
Otherwise violates any local, state, federal, provincial or International law or regulation.
Additional access and use restrictions may appear elsewhere on the Sites. In particular, forums, blogs or similar community-focused Sites or Services may attach their own standards of conduct as is appropriate for the intended audience. By accessing or using our Services, you confirm that: (x) you can form a binding contract with us; and (y) you are 18 years old or older, as the Services and Content are not intended for minors. If it comes to our attention through reliable means that a registered user in Australia is under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
Consent to Monitoring; Enforcement and Termination:
While Coalition is under no obligation to monitor the Sites, you agree that Coalition may monitor the Sites periodically to (1) comply with any applicable laws, rules, regulations or governmental requests; (2) to operate the Sites and Services properly and/or efficiently; (3) to assist those using the Sites, Content or Services; or (4) to protect itself and its users. During your use of the website, we may issue to and request from your computer blocks of data known as “cookies”. By using this website, you authorise us to issue such cookies to your device. Please see our Privacy Policy for more details about how we use cookies.
Coalition’s policy is to investigate violations of these Terms and terminate repeat infringers. We will investigate any violations of these Terms and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in any such violations.
Coalition, acting reasonably, may temporarily suspend or disable the Sites or your access to the Sites (or any part of the Sites, including access to Content) in accordance with these Terms or permanently cease operating the Sites. Coalition must provide notice of such termination unless Coalition considers it appropriate to not provide notice in the circumstances.
You may terminate these Terms in the event of material breach by Coalition (which is incapable of remedy), by ceasing your use of the Sites or Content.
You expressly agree that in the case of a termination for cause, you will not have any opportunity to cure.
Upon termination by Coalition (or your cancellation of your insurance policy with Coalition), you must promptly destroy all materials objected from the Site or Services, excluding those documents or records that you are required by applicable law or regulation to maintain. These Terms shall survive any termination of your access to the Services, including the Site or Content. All restrictions imposed on you, licenses granted by you, disclaimers and limitations of liability set out in these Terms will survive termination.
License to Access the Services:
Subject to these Terms and our policies, including policies made available to you within the Services, which are owned by Coalition or its licensors, we grant you a limited, non-transferable, non-exclusive, and freely revocable permission to access and use our Services.
Using our Services does not confer upon you any ownership interest in any aspect of the Services or the Sites or any intellectual property rights in our Services, the Sites or the Content contained therein, which shall remain with us and our respective licensors. Any unauthorized use is in violation of these Terms and automatically terminates the permission or license granted by Coalition for your use of the Services and may also violate applicable laws. Coalition reserves all of our rights in respect of such violations, including our rights to pursue any available legal or equitable remedy and seek recovery from you for the expense of so doing.
Copyright Notice; Intellectual Property and Submitted Materials Policies:
A. Copyright
As between you and Coalition, all content made available through the Services, and specifically, the entire Contents, features and functionality of the Site and Services (including, text, graphics, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the design selection and compilation of that content into one, coherent website) is the property of Coalition and protected by United States and international copyright laws and treaties. All individual articles, columns, and other elements making up the Site and the Services are also copyrighted works. You may view any Content on the Website for the purposes of accessing our Sites or Services in accordance with these Terms however you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Website without obtaining our prior written consent. Reproduction of the content of any of the Services without the written permission of Coalition is prohibited. Coalition has the right to terminate the account of repeat copyright infringers in appropriate circumstances.
B. Trademarks and Service Marks
The Coalition name, logos, trademarks, service marks, trade names, trade dress, service names, design marks, and slogans associated with our Site or Services are trademarks, service marks, registered trademarks or registered service marks (collectively, “Marks'') owned by or licensed to Coalition and may not be used in any manner without the prior written consent of Coalition. You also acquire no rights by implication, estoppel or otherwise in the Marks used in our Site or the Services, other than the limited right to use the Site, Content, and Services in accordance with these Terms. All goodwill generated from the use of Coalition’s Marks will insure to our exclusive benefit.
C. Intellectual Property and Submitted Materials
Coalition expects that its users will from time to time use the Sites or Services to submit suggestions or comments about Coalition’s products or Services, including the Content or Sites. If you decide to transmit, upload, post or submit any creative feedback, ideas or materials using the Sites (collectively, “Submitted Materials”), you represent and warrant that: (i) such Submitted Materials are not confidential, secret or proprietary belonging to someone else; (ii) such Submitted Materials do not violate these Terms; (iii) no other party has rights in the Submitted Materials, in whole or in part and that the use by Coalition of Submitted Materials will not infringe on the rights (including intellectual property rights) of any third party; and (iv) the Submitted materials are not damaging to Coalition’s servers and does not include any harmful code, viruses or trojans. Coalition will use reasonable endeavours to back up its Sites but you are responsible for backing up your Submitted Materials. Coalition is not responsible for back-up or restoration of Submitted Materials or for any loss of or disablement of access to your Submitted Materials via the Sites.
D. General Rules
When using our Services, you agree to abide by all applicable copyright, trademark, and other laws regarding the proprietary rights applicable to your use of our Site or Services. Users of the Services may be permitted to download certain material posted on our Site or Services (e.g., white papers, blog postings or reports). When using downloadable materials, all copyright, trademark and other proprietary notices must be kept intact and remain in effect unless otherwise approved in writing by Coalition.
If you are blocked by Coalition from accessing the Services (including our blocking of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any rights not expressly granted herein are reserved by Coalition.
Disclaimer of Warranties:
To the maximum extent permitted by applicable law, the Service is available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITES AND CONTENT IS PROVIDED BY COALITION ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COALITION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (b) COALITION DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COALITION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
LINKS FROM OR TO WEBSITES OUTSIDE OF OUR SITE OR PLATFORM ARE MEANT FOR CONVENIENCE ONLY. LINKING, ACCESSING, OR USING A THIRD PARTY SERVICE THROUGH THE PLATFORM IN THIS MANNER MAY BE SUBJECT TO ADDITIONAL TERMS AND PRIVACY POLICIES ESTABLISHED BY THE APPLICABLE THIRD PARTY, AND IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH SUCH THIRD PARTY TERMS AND FAMILIARIZE YOURSELF WITH SUCH PRIVACY POLICIES. COALITION WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES IN CONNECTION WITH LINKING TO THE EXTENT THAT ANY LIABILITY IS NOT CAUSED OR CONTRIBUTED TO BY COALITION. COALITION ALSO DOES NOT: (a) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SITE OR PLATFORM; (b) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR ADEQUACY OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO OUR SITE OR PLATFORM; OR (c) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEBSITE, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SITE.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COALITION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COALITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COALITION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COALITION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED AUSTRALIAN DOLLARS (AUD$100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity & Release:
Notwithstanding any other provisions herein, to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Persons (collectively, the Indemnified Persons) from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accounting fees) (collectively, Loss) arising from: (i) your use of the Sites, including without limitation, your Submitted Material; (ii) your violation of these Terms; and (iii) your violation of any third-party right, including without limitation any copyright, property, publicity, or privacy right; including all actions taken under your account. These indemnity obligations will survive termination of your relationship with Coalition or your ceasing to use the Sites or Services. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit, or proceeding. Your liability to defend, indemnify or hold harmless the Loss of an Indemnified Person will be proportionately reduced to the extent caused or contributed to by an Indemnified Person.
Insurance Quotes and Coverages:
All quotes generated by Coalition are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided in our Services are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Coalition whether on Coalition's Sites, or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province/territory; and additional minimum coverage limits may be available in your state, province, or territory. The scope, limits, exclusions, premiums, and other aspects of the insurance coverages will be subject to the terms and conditions of the actual insurance agreement/policy that is issued to an insured.
Online Quoting Tool
Online Quoting Tool is Coalition's application process and insurance coverage suggestion engine. The information provided by Coalition's Online Quoting Tool is not and should not be construed as insurance advice. Coalition is not liable for any inaccurate, missing, or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits, and retentions are completely and solely the responsibility of the insured. Coalition may at our sole discretion change the Online Quoting Tool’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the Online Quoting Tool. Accordingly, you are encouraged to view and/or download your actual policy documentation prior to making any purchase decision.
Changes to the Sites and these Terms:
Coalition reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to the user of the Sites) by posting such revisions to the page located in this section (or successor Sites). Coalition will use reasonable endeavours to provide notice to you on the Sites of any material changes and you agree to visit the Sites periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services or access the Content after the date on which the Terms have changed, Coalition will treat your use of the Services and Content as acceptance of the updated Terms, with prospective effect.
These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and where applicable, (ii) any separate written or electronic agreement between you and Coalition, consistent the entire and exclusive and final statement of the agreement between you and Coalition with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Coalition with respect to such subject matter, excluding any insurance policy issued to you. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law and Jurisdiction:
These Terms and your use of the Sites and Services are governed in all respects by the laws of New South Wales, Australia, without giving effect to any principles of conflicts of laws. Any dispute concerning the Services or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in New South Wales, Australia.
Electronic Communication:
By using the Services, you agree to have all records, including the insurance policy, provided to you in electronic form and sent to your primary email address. This consent, unless withdrawn, applies to all transactions between you and Coalition. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at [email protected] with the following subject line: “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal, and whether you want (a) all communications to be in paper form, and (b) your insurance policy to be sent to you in paper form.
Disclosure:
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property, or safety.
Publicity:
By agreeing to these Terms, you agree that Coalition shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's homepage, to display your logo on the Coalition Platform, and to otherwise refer to you in print or electronic form for marketing or reference purposes. You may contact us at [email protected] to request references, logos, or hyperlinks to your website be removed. We will comply with such requests in our reasonable discretion.
Entire Agreement, Waiver and Severability of Terms:
These Terms, together with the Privacy Policy, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements that may conflict with or purport to modify any aspect of these Terms. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contacting Coalition:
In the event that you have questions or wish to contact us about these Terms, please address your communication to: [email protected]. Alternatively, you can send written communication to us at:
Coalition Insurance Solutions Pty Ltd (ACN 657 140 791)
Level 16, 80 Collins Street, South Tower
Melbourne VIC 3000 Australia
Coalition, Inc.
548 Market Street, #94729
San Francisco, CA 94104
(833) 866-1337
Attention: Legal Department