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Copyright & Disclaimer 1. About this Website This website is owned and operated by Australian Life Underwriters and Claims Association (ALUCA) and is referred to as the ALUCA Website. Your use of the services, information, text, graphics, materials and other content on the ALUCA Website ("Material on this Website") is governed by these Terms of Use. By using this website you agree to be bound by these Terms of Use. 2. Links to other websites (a) The ALUCA Website may contain links to websites which are owned or operated by third parties independent of ALUCA ("Third Party Websites"). ALUCA does not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites ("Third Party Material"). (b) The ALUCA Website may contain or link to information about special offers, deals or promotions by persons not related to or part of ALUCA. ("Third Party Offers"). ALUCA does not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers. (c) Subject to any applicable law which cannot be excluded, ALUCA makes no warranties or representations: (1) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or (2) that Third Party Material does not infringe the intellectual property rights of any person. (d) ALUCA is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material. 3. Privacy Your privacy and security is very important to ALUCA. Certain data items are collected and used by the ALUCA Website in order to provide services to ALUCA members. The ALUCA Website may record and track the use you make of this website. The use of this data is subject to our Privacy Statement. Please read our Privacy Statement 4. Tools, calculators, games and other features (a) The ALUCA Website may contain or make available various tools, calculation devices, software programs, games or other features which assist members. The ALUCA Website may also contain other useful information. (b) Whilst ALUCA has undertaken reasonable steps to ensure that any such features or information as described in (a) above are accurate and free from defect, to the extent permitted by law, which law can not be excluded, ALUCA does not warrant the accuracy, adequacy, correctness or completeness of these features. These features are provided on an "as is" basis. The monetary figures used by these features in any calculations are estimates only and do not take account of your particular circumstances 5. Warranties Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by law, which law can not be excluded, ALUCA does not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. ALUCA does not guarantee that the ALUCA Website or Third Party Websites will be free from viruses, or that access to the ALUCA Website or Third Party Websites will function as intended or be uninterrupted. All terms implied by law, except those that can not be lawfully excluded, are excluded. 6. Limitation of Liability Subject to any responsibilities implied by law and which cannot be excluded, ALUCA, and its committee, employees, agents and contractors, 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 Material on this Website, to Third Party Material, third party services, or to access of the ALUCA Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. 7. Indemnity You indemnify ALUCA in respect of any liability incurred by ALUCA for any loss, cost, damage, or expense howsoever caused, or suffered by ALUCA as a result of your breach of these ALUCA Website Terms of Use. 8. Availability of the ALUCA Website (a) As electronic services are subject to interruption or breakdown, access to the ALUCA Website is offered on an "as is" and "as available" basis only. (b) ALUCA may impose limits or restrictions on the use you may make of the ALUCA Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, ALUCA may withdraw the ALUCA Website at any time and without notice to you. 9. Restrictions on use of the ALUCA Website 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 the ALUCA Website, or any of the information, content or data contained within or accessible through the ALUCA Website, without ALUCA's prior written permission; (b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the ALUCA Website with information, content or data accessible via or sourced from any third party; (c) use any information on or accessed through the ALUCA Website for any commercial purpose 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 the ALUCA Website 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 the ALUCA Website; (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 the ALUCA Website; or (g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the ALUCA Website without ALUCA's prior written permission. 10. Third party providers to ALUCA Parts of this ALUCA Website, or the provision of services offered via this ALUCA Website, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use. 11. Copyright and Trademarks (a) Copyright in the Material on this Website is owned or licensed by ALUCA. (b) Except where necessary for and incidental to personally viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the specific written consent of ALUCA. (c) "ALUCA" is a trade mark of Australian Life Underwriters and Claims Association. Third party trade marks are trade marks of the respective third parties. 12. Termination These Terms of Use and your access to the ALUCA Website may be terminated at any time by either party without notice to the other. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of ALUCA, will survive any termination. Upon termination, you must not directly or indirectly access or use the ALUCA Website or any Material on this Website. 13. Acceptance and changes to Terms of Use (a) You acknowledge and accept that your use of the ALUCA Website indicates your acceptance of these Terms of Use and the Privacy Statement. (b) These are the current Terms of Use. They replace any other terms of use for the ALUCA Website published on the ALUCA Website to date. ALUCA may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the ALUCA Website, by publishing the varied Terms of Use on the ALUCA Website. ALUCA will indicate on the ALUCA Website that these terms of use have changed, however, ALUCA is under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, ALUCA has provided you with sufficient notice of the variation. By your use of the ALUCA Website after any variation, you are taken to have accepted the new Terms of Use. 14. General (a) The law applicable to the ALUCA Website and to disputes arising out of the ALUCA Website is the law of the State of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and appeal therefrom. (b) Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement. (c) You may not rely on the words or conduct of ALUCA as a waiver of any right unless the waiver is in writing. In this clause, "conduct" includes delay in the exercise of any right. "Right" means any right of ALUCA arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel. 15. Linking to ALUCA Please contact ALUCA if you would like to link to any part of the ALUCA Website.
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