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MAIB Website Terms and Conditions

Website Terms and Conditions

MAIB Website Terms and Conditions

1. Introduction

1.1 These terms and conditions apply to the use and access of the Motor Accidents Insurance Board (MAIB) website, including to your use of the MAIB’s online services platform (referred to in these terms and conditions as this website).
1.2 By using and accessing this website, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, please do not access this website.
1.3 The MAIB may change these terms and conditions at any time by publishing variations on this website, so we encourage you to check this page from time to time. Your continued use of this website will be deemed acceptance of these terms and conditions as amended.

2. Website Information

2.1 The MAIB endeavours to take reasonable care to ensure that information and material published on this website is free from error and kept up-to-date. However, to the extent permitted by law, the MAIB does not make any warranties in relation to the accuracy, currency, reliability or completeness of any content that is published on this website, whether or not that content was published by the MAIB or third party website users.
2.2 Information and material made available on this website is provided in good faith but is for general informational purposes only. You should not rely on this information unless you have independently verified it.
2.3 Website information, views, comments and materials do not necessarily reflect the MAIB’s views unless expressly stated otherwise.
2.4 The MAIB reserves the right to remove any information and material uploaded to this website at the MAIB’s sole discretion and without prior notice.

3. Use of the website

3.1 It is a condition of your use of this website that you will not use this website for any purposes that are prohibited by these terms and conditions. In particular, you agree not to:

  • make available, transmit or otherwise electronically communicate information, material or media using this website that you do not have a right to make available, transmit or communicate;
  • use this website to defame, harass, stalk, threaten or otherwise offend any person;
  • impersonate any other person or entity; or
  • breach any laws or regulations which are applicable to your use of this website in your jurisdiction.

3.2 If you submit, post, transmit to or otherwise upload any comments, information, images, or other media through the website (Material):

  • you represent and warrant that:
    1. the Material is current, complete and accurate and you will promptly update such Material to maintain its completeness and accuracy;
    2. you own or are authorised to provide the Material; and
    3. the Material does not infringe the intellectual property rights of others or breach any laws;
  • you grant to the MAIB an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce and adapt that Material, including by any and all means and media (whether now known or existing in the future) (Licence);
  • you promise you have the right to grant the Licence and you promise that the MAIB’s use of the Material in accordance with that Licence will not infringe the rights of any person;
  • you agree that the MAIB will not be responsible or liable to any third party for the Material, or accuracy of the Material or any other any content posted by any other user of our website;
  • you agree not to take any action against the MAIB based on or in any way related to Material that you or some other person posting Material to this website has uploaded or otherwise made available; and
  • subject to the MAIB’s Personal Information Protection Policy, and at our complete discretion, the MAIB may deal with all or any part of that Material in any manner in connection with processing your claim or the provision of our services to you.

3.3 The MAIB may request you to provide proof of identity through your use of our online services platform for verification purposes and you agree to promptly comply with any such request that is made.

4. Third Party website links

4.1 This website may contain links to third party websites. The MAIB has no control over the content of any linked website and it is your responsibility to satisfy yourself as to the accuracy, currency and reliability of third party web content.
4.2 Despite any link to third party websites on or through this website, the MAIB does not endorse the content or material contained in any third party website, unless expressly stated otherwise.
4.3 You acknowledge that any website access is dependent on third parties like telecommunication providers and internet service providers and that the MAIB does not guarantee the secure or continuous connection or access by you in respect of this website. However, the MAIB will take all reasonable steps to protect all information collected by the MAIB through this website from misuse, loss, unauthorised access, modification or disclosure.

5. Cookies

5.1 This website uses cookies. Cookies are small amounts of information in the form of text files which we store on your computer. Cookies allow the MAIB to monitor usage of the website, improve the website’s usability and to personalise the content for you.
5.2 If you do not wish for the MAIB to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information about how to do this please consult the “Help” section of your browser. Please note that if you choose to reject cookies, you may not be able to use all of the features of this website (including the ability to lodge a claim or other information online).

6. Personal Information

We may collect your personal information when you use our website. Any personal information that we collect is handled in accordance with our Personal Information Protection Policy. If you would like to know more or would like a copy of our Personal Information Protection Policy, please see http://www.maib.tas.gov.au/privacy-of-information/.

7. Liability and complying with laws

7.1 To the extent permitted by law, neither the MAIB, nor any of its affiliates, will be liable for any direct, indirect, incidental, consequential, special, exemplary or other damages (including for loss of profits, goodwill, information, data or other intangible losses) that you or others may suffer arising out of:

  • access to or use of this website;
  • the use or inability to use our online services platform;
  • loss of connection or network,
  • loss of data or information of any type;
  • unauthorised access or alterations of your transmissions to or from this website or our online services platform;
  • activities resulting from the loss or misuse of your user ID, password or other access mechanism;
  • statements or conduct of any third party including any content, material on, or linked to any third party websites.

7.2 Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.
7.3 Every effort is made to keep our website and online services platform up and running smoothly. However, we take no responsibility for, and will not be liable for, the website or online services platform being temporarily unavailable due to technical issues beyond our control.

8. Intellectual Property

8.1 The MAIB holds the copyright in the content of this website and the online services platform. The MAIB grants you a limited licence to download content from this website and the online services platform for personal use only. You are not permitted to reproduce or alter the website’s content, or any copy of it, for any purpose without the prior express written consent of the MAIB.
8.2 All trade marks and logos displayed on our website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws.
8.3 If you wish to make any other use of the material on this website, you must obtain the MAIB’s written permission before doing so.

9. Professional Advice

The content of this website has been compiled for general information purposes only and does not include any legal, financial or other professional or non-professional advice and may not take into account your personal circumstances. You should seek independent advice from a qualified advisor before acting on the content in this website, or any websites linked to this website.

10. Breach of terms and conditions

If you fail to comply with or otherwise breach these terms and conditions, the MAIB may in its sole discretion take such action as is reasonably necessary to prevent your continued access to this website.

11. Jurisdiction

The law applicable to the use of this website and to these terms and conditions is the law of Tasmania, Australia, and the parties submit to the exclusive jurisdiction of the courts of Tasmania in relation to any matters arising under these terms and conditions, or in relation to this website.

12. Invalidity

If any part of these terms and conditions are for any reason declared invalid or unenforceable, the validity of the remaining portion is not affected and the remaining portion is to remain in full effect as if these terms and conditions had been signed with the invalid portion removed.