Terms of Use for Zurich Refund Portal (“Portal”)

The Portal is operated by Codex Digital Pty Ltd ABN 74 615 565 716 on behalf of Zurich Australian Insurance Limited ABN 13 000 296 640, AFSL 232507, 118 Mount St, North Sydney NSW 2060 (“Zurich”) and its related bodies corporate. All references in these Terms of Use (“Terms”) to “Zurich”, “we”, “us”, or “our” include a reference to Zurich and its related bodies corporate and its and their authorised agents or service providers.

Except where otherwise specified, "you" and "your" in these Terms refer to a registered individual user.

The Remediation Portal allows you to complete a form to access remediation in respect of, as applicable, the delivery of no claim bonus discount entitlements and the application of excess-free windscreen endorsement. For brokers, it will also enable brokers to input customer data.

For more information about the remediation, please contact Zurich on 1800 204 552 between 8:30am to 5:30pm, Monday to Friday AEST (excluding national public holidays).

1. Your use of the Portal

When you register for the Portal, you are agreeing to be bound by the following Terms, and any terms set out in our Privacy Policy. Please ensure you understand these terms before you register for and use the Portal.

By using or accessing the Portal or the materials on, or via this Portal (for example, forms) (“materials”), including any materials you print from it, you acknowledge that you have read and accepted these Terms.

You agree to be fully responsible and liable for your use of the Portal and any materials accessible on or via the Portal that you upload.

The materials available on the Portal are provided for the use of customers and brokers to whom the remediation extends, who are invited to use this service by Zurich.

It is your responsibility to ensure that you have current and updated anti-virus software installed and working on your device. Zurich takes no responsibility for any loss, damage, claim or expense that may be caused to you because you do not have adequate anti-virus software installed on your device when accessing any of the materials on or via the Portal.

2. Logging into the Portal

Zurich will provide you with a Username.

Customers will need to answer three questions on the first page of the Portal (refund ID, registration and make of vehicle) and will then be emailed a one-time access code to their registered email address. Each time a customer logs in they will need to repeat this process.

Brokers will need to set up their own password on first accessing the Portal. To maintain security, a broker must keep its Username and Password confidential and store them separately at all times. Each time a broker logs into the Portal they will need to enter their password and will then be emailed a one-time access code to their registered email address.

Once access is granted, all actions taken will be deemed to be made by you or within your authority unless you notify us that the security of your Username or Password has been compromised.

If you believe that your Username and/or Password has been compromised, please contact Zurich immediately on 1800 204 552.

3. Limitation of liability

Zurich will take all reasonable steps to ensure the material provided on the Portal is accurate and up to date at the relevant date. However, to the maximum extent permitted by law, Zurich does not give any guarantee, warranty, or representation, in relation to:

(a) the availability or accessibility of the Portal or any of the materials on the Portal; and
(b) the accuracy, completeness, or suitability, of the materials for your intended use.

To the extent permitted by law, neither Zurich nor any of its third-party service providers will be liable for any loss or damage suffered or incurred directly or indirectly in connection with:

(i) any person relying on information provided by, or omitted from, the materials;
(ii) any computer virus, communications failure, internet access difficulties, or malfunction in equipment or software affecting the Portal, your access to the Portal, or any of the materials on the Portal;
(iii) any delay in the operation of the Portal; or
(iv) disruption, unavailability, or termination of access to the Portal or any of the materials on the Portal.

However, for any liability which cannot be lawfully excluded as it is under this clause 3, Zurich’s liability is limited to:

(1) in the case of services, resupplying or paying the cost of resupplying the services; and
(2) in the case of goods, repairing, replacing, or paying the cost of repairing or replacing, those goods.

Nothing in these Terms is intended to exclude the application of the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

4. Security of information

Zurich takes reasonable steps to preserve the security of cookie and information provided by you. If your browser is suitably configured, it will advise you whether the information you are sending to us will be secure (encrypted) or not secure(unencrypted). If secure transmission is indicated, Zurich currently uses "TLS1.2 with 168 bit 3DES encryption".

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. Accordingly, although Zurich strives to protect such information, Zurich cannot ensure or warrant the security of any information transmitted using the Portal.

5. Use and disclosure of personal information

Zurich will only use and disclose information about you or information in accordance with our Privacy Policy which can be accessed here: https://www.zurich.com.au/important-information/privacy.html.

Your use of the Portal will constitute your consent to the collection, use, storage and disclosure of your personal information (including health and other sensitive information) as described in our Privacy Policy. In particular:

• you consent to the collection, use, storage and disclosure of your personal information (including health and other sensitive information) as described in Zurich’s Privacy Policy; and
• you acknowledge that Zurich needs to collect your personal information (including health and other sensitive information) in order to process your application or provide you with the products or services you require and that Zurich will be unable to process your application or provide you with the products or services you require without this consent.

6. Change of terms and changes to the Portal

These are the current Terms for the Portal. Zurich may change these Terms on notice to you (which may be by way of notice on the Portal or by any other means of communication). By continuing to use the Portal after notification of those changes you agree to those changes.

Zurich has the right to remove or edit any material posted by Zurich on the Portal at any time and without notice.

7. Denial of access

Zurich reserves the right to restrict, suspend, alter, or terminate your access to the Portal, particular account details, or any materials on the Portal if:

(a) you materially breach these Terms and that breach cannot be remedied or the breach can be remedied but you fail to remedy the breach within 30 days’ of our written notice to you of that breach; and
(b) you fail to keep your Username and Password secure; or
(c) in Zurich's reasonable opinion, there are concerns regarding security or unauthorised access.

In addition to the above, Zurich may also stop making the Portal available:

(i) on 30 days’ prior notice to you;
(ii) temporarily for maintenance and support purposes, in which case Zurich may not provide prior notice to you; or
(iii) as necessary to comply with our legal or regulatory obligations, or respond to any reasonable concern in relation to you, in which case we may not provide prior notice to you.

All disclaimers and limitations of liability by Zurich will survive termination or suspension.

8. Internet access and electronic communications

While Zurich has put in place certain security systems on the Portal, Zurich is unable to guarantee in all circumstances that the Portal, or the information contained on the Portal, will not be subject to unauthorised access. Zurich will not be liable for any loss, damage, claim or expense arising from any unauthorised access to the Portal, or the information (including your records) contained in the Portal except:

(i) in cases where the unauthorised access has been due to the negligence of Zurich; or
(ii) where the unauthorised access has occurred after you have notified us in accordance with these Terms that the security of your Username or Password has been compromised, and we have failed to take reasonable steps to secure your account within a reasonable time period.

Whilst Zurich may request that you indicate your preferences for receipt of email or other electronic communications, Zurich reserves the right to communicate to you any business critical information or other information that Zurich is required by law to communicate to you.

9. Ownership, copyrights and trademarks

The Portal is owned by Zurich. Copyright in the Portal is owned by or licensed to Zurich unless otherwise indicated.

The Portal also contains a number of trademarks, logos and symbols which are either owned by Zurich or used with the permission of the owners. You are entitled to use the information in the Site for your personal reference only.

Except as permitted by the Copyright Act 1968 (Cth) or other applicable laws, or these Terms, no material on the Portal may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Zurich.

10. Disclaimer

All information and material contained in the Portal has been prepared without taking into account any individual’s particular financial needs, circumstances or objectives and should not be offered as financial or investment advice. It is not a substitute for consideration of financial needs and strategies, financial planning effort. Zurich recommends that you seek independent legal, financial and/or taxation advice, which takes into account your particular circumstances before considering or acting on this material further.

Publication date – 6 November 2024