In short referred to as Shannons' "Online Terms".
Read these Online Terms to understand how Shannons:
- operates and regulates its online sites including its social media sites;
- operates any online insurance quoting, purchase and policy management transactions; and
- handles your personal information when you interact with us online (see terms 25 to 33).
1. About Shannons' Online Sites
1.1 Shannons Limited (ABN 91 099 692 636) ("Shannons", "we" or "us") operates Shannons online sites ("Online Site" or "Online Sites"), including our:
1.1.1 main website (www.shannons.com.au) ("Main Site");
1.1.2 Shannons Club website (www.shannons.com.au/club) ("Club Site");
1.1.3 main mobile device site (m.shannons.com.au) ("Mobile Site");
1.1.4 Shannons Club mobile device site (m.shannons.com.au/club) ("Club Mobile Site");
1.1.5 Shannons Claim Assistant application (“Claim Assistant app”);
1.1.6 Shannons Club landing website (http://www.shannonsclub.com.au) ("Landing Site"); and
1.1.7 social media site(s) ("Social Media Site" or "Social Media Sites") as operated from time to time.
The Main Site, Club Site, Mobile Site, Club Mobile Site, Claim Assistant app and the Landing Site are owned and operated by Shannons. Unless otherwise stated, Shannons' property insurance policies (car, motorcycle, building and contents) are issued by Australian Alliance Insurance Company Limited ABN 11 006 471 709 AFSL no. 235011 ("AAI") while Compulsory Third Party Personal Injury ("CTP") insurance policies are issued by GIO General Limited ABN 22 002 861 583 (GIO) AFSL no. 229873 ("GIO"). Shannons acts as agent and authorised representative of the relevant insurer described above in each instance. Shannons, AAI and GIO are members of the Suncorp Group.
Please be aware that certain parts of our Main Site, Club Site, Mobile Site, Club Mobile Site and/or Landing Site may additionally function as a Social Media Site. By this we mean that the information and content you submit to a social media section of our Main Site, Club Site, Mobile Site, Club Mobile Site and/or Landing Site will be freely visible to other website users. Any social media sections of our Main Site, Club Site Mobile Site, Club Mobile Site and/or Landing Site will be either clear to you from their design, or we will otherwise inform you of their public nature. Any information or content you supply to our Social Media Site(s) will be treated by Shannons in accordance with terms 10 and 28, and otherwise in accordance with these Online Terms (as relevant).
Shannons Main Site, as well as other Online Sites from time to time, contain information about public auctions, 'park and sell' or similar property sales activities (collectively referred to as "Auction Activities") carried out by Shannons Auctions Limited (ABN 83 099 655 497) ("Shannons Auctions"). Shannons Auctions is responsible for the advertising, management and conduct of Auction Activities and permits Shannons to host Auction Activities content on its Online Sites. Subject to any responsibilities implied by law and which cannot be excluded, Shannons Auctions, and its directors, employees, agents, contractors and related bodies corporate, 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 any Auction Activities on any Online Site, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
1.2 Shannons may operate an Online Site for its own benefit and/or for the benefit of one or more of its related bodies corporate, which collectively form the Suncorp Group of companies in Australia and New Zealand ("Suncorp Group").
1.5 Shannons owns and operates the Main Site, Club Site, Mobile Site, Club Mobile Site and the Landing Site. For the purposes of these Online Terms the Mobile Site forms part of the Main Site, and separately the Club Mobile Site forms part of the Club Site. These sites include all respective web pages under or forming part of the domain names: shannons.com.au, shannons.com.au/club, m.shannons.com.au, m.shannons.com.au/club and www.shannonsclub.com.au. Our Mobile Site and Club Mobile Site are each designed for use by portable electronic devices such as smart phones or tablet computers. Shannons disclaims that our Mobile Site and/or our Club Mobile Site may not operate, or may not operate fully, on some types of portable electronic devices. If you experience difficulty in accessing or using either of these sites, you should access our Main Site (www.shannons.com.au) or our Club Site (www.shannons.com.au/club) using a modern web browser on a personal computer with a screen diameter or 10 inches or greater. The relevant versions of the Claim Assistant app are designed for use on (i) Apple Incorporated's compatible electronic devices including iPhone, iPad and iPod Touch, (ii) electronic devices compatible with Android™ apps, such as those available from the Google Play™ Store or the Samsung™ app store.
2. Links to other websites
2.1 An Online Site may contain links to other websites (including other social media websites) which are owned or operated by third parties independent of Shannons ("Third Party Sites"). Shannons does not sponsor, endorse or approve of the operators of Third Party Sites, or material (including services, information, graphics, or data) which is located on such Third Party Sites ("Third Party Material").
2.2 An Online Site may contain or link to information about special offers, deals or promotions by persons not related to or part of Shannons ("Third Party Offers"). Shannons does not sponsor, endorse or approve of any Third Party Offers or Third Party Material associated with these offers.
2.3 Subject to any applicable law which cannot be excluded, Shannons makes no warranties or representations:
2.3.1 regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Sites; or
2.3.2 that Third Party Material does not infringe the intellectual property rights of any person.
2.4 Shannons is not authorising the reproduction of Third Party Material by linking Site Content to Third Party Material.
2.5 When following a link on an Online Site, material at a Third Party Site may be displayed in your browser framed by Site Content. This material is also Third Party Material for the purpose of these Online Terms.
3. Your privacy
3.1 Your privacy and security is important to Shannons. Read terms 25 to 33 for information (the 'Privacy Statement' component) about how Shannons handles the information you provide it when you use one of our Online Sites.
4. Shannons' Main Site: product information and insurance purchase and renewal
4.1 Main Site content:
The Main Site:
4.1.1 contains information of a general nature about Shannons and Shannons' products and services;
4.1.2 enables certain persons to purchase and pay for some insurance products and services online;
4.1.3 enables certain persons to renew some insurance products and services online; and
4.2 Shannons' standard terms and conditions apply
All applications for insurance or other products made via this Website are subject to and must comply with Shannons' normal approval criteria, and are governed by the normal terms and conditions applying to each product or service requested. Click here to access Shannons' policy documents.
4.3 Shannons' product information, insurance purchase and renewal the Main Site
4.3.1 Transactions on the Main Site
126.96.36.199 When entering into a transaction via the Main Site, whether it be the issuance of an insurance contract, a renewal payment, or a transaction relating to any other product or service, the transaction will not be completed until an "Electronic Instruction" (being any electronic instruction, information, message, request or communication issued or transmitted to Shannons via the Main Site) containing the acceptance from you to Shannons' offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by Shannons, and any specific steps or requirements as set out in this term 4, have been complied with.
188.8.131.52 You acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an Electronic Instruction, may not be received by Shannons in accordance with this term 4 for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.
184.108.40.206 You further acknowledge that, to the extent permitted by law, Shannons is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the Main Site, or any failure to receive an Electronic Instruction for whatever reason.
4.3.2 Purchasing insurance policies
220.127.116.11 Where the Main Site enables you to purchase insurance products or services online:
18.104.22.168.1 the parties may enter into an insurance policy using the Main Site by Shannons making an electronic offer via the Main Site and you electronically communicating your acceptance of that offer via the Main Site to Shannons;
22.214.171.124.2 Shannons may act on and process all completed Electronic Instructions transmitted or issued through the Main Site without further consent from or reference to you; and
126.96.36.199.3 Shannons may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions.
188.8.131.52 Creating a binding insurance contract with Shannons via the Main Site is only available for existing customers through My Insurance and is a three-step process.
184.108.40.206.1 The first step is to register or login to Shannons' My Insurance (this is only accessible to existing Shannons policyholders).
220.127.116.11.2 The second step is to create a quote for the insurance product you are interested in and have selected. Upon completion by you of all required details, the Main Site will provide you with a quote, identified by a quote number. Your property insurance quote and quote number will remain valid for 12 months and will remain accessible for the same period either on your Shannons My Insurance Profile ("Insurance Profile") or by calling Shannons on 13 46 46. Your CTP quote and quote number will remain valid for 35 days and will remain accessible for 35 days by pressing the "Retrieve your quote" button on this Website (Note, CTP quotes are not presently available for viewing or transacting on your Insurance Profile). You can call Shannons on 13 46 46 to purchase a valid property or CTP quote.
18.104.22.168.3 If you wish to take out insurance in accordance with a quote provided to you by Shannons via the Main Site, then, upon completion by you of all required details, step three enables you to accept that quote and create a binding insurance agreement with a corresponding Shannons policy number.
22.214.171.124 When entering into a contract via the Main Site, you will be taken to have communicated your acceptance to an offer of insurance from Shannons only when:
126.96.36.199.1 the Electronic Instruction containing the acceptance from you enters and is recorded in the main Shannons' database or in the case of CTP insurance in the GIO database ("Relevant Database");
188.8.131.52.2 a record is created and stored in the Relevant Database;
184.108.40.206.3 a Shannons policy number is generated by the Relevant Database; and
220.127.116.11.4 Shannons receives all required details of a current and valid payment card which you are authorised to use, which is of a payment card type accepted by Shannons, and to which Shannons is able to charge the required premium.
18.104.22.168 If payment by instalments is offered to you and if you elect to pay your premium by instalments then you may be able to select the particular day of each month (or other instalment period) on which your credit card will be automatically charged for the relevant payment.
22.214.171.124 A binding insurance contract is conditional on Shannons being able to successfully charge against your nominated payment card and Shannons receiving payment of your applicable premium (either by a single payment or where permitted in instalments).
126.96.36.199 Where a transaction is entered into between Shannons and you via the Main Site, a policy number will be issued by Shannons via the Main Site. However, a binding insurance contract is not conditional on the receipt by you of a policy number. Therefore, the failure by you to receive a policy number via the Main Site does not invalidate or otherwise prejudice the existence of an insurance contract or transaction entered into using the Main Site.
188.8.131.52 Shannons may or may not issue a paper confirmation of the insurance policy. The existence of a binding contract is not conditional on Shannons issuing, or you receiving, a paper confirmation of the transaction.
184.108.40.206 You must contact Shannons immediately if you do not receive a policy number via the My Insurance self service function following your transaction.
4.3.3 Renewal Payments
220.127.116.11 The renewal payment for certain Shannons insurance policies can be made online with selected payment cards at the Main Site.
18.104.22.168 The policy renewal notice will indicate whether online renewal payment is available.
22.214.171.124 To make an online renewal payment, follow the "Quick Payment" link from the Main Site.
126.96.36.199 When making a payment for a policy renewal via the Main Site, you will be taken to have renewed that policy only when:
188.8.131.52.1 the Electronic Instruction containing the policy number, premium amount due and payment card details, and an instruction from you to renew the policy, enters and is recorded in the Relevant Database;
184.108.40.206.2 Shannons receives all required details of a current and valid payment card which you are authorised to use, which is of a payment card type accepted by Shannons, and to which Shannons is able to charge the renewal payment;
220.127.116.11.3 a record is created and stored in the Relevant Database;
18.104.22.168.4 a Shannons' receipt number is generated by the payment system; and
22.214.171.124.5 the Relevant Database is updated with information from the payment database.
126.96.36.199 A binding insurance contract is conditional on Shannons being able to successfully charge against your nominated payment card and Shannons receiving payment of all applicable renewal amounts due for the policy (or policies) being renewed (either in a single payment or where permitted in instalments).
188.8.131.52 Shannons, at its discretion, may or may not issue a paper confirmation of the renewal payment. The existence of a valid payment is not conditional on Shannons issuing, or you receiving, a paper confirmation of the transaction.
5. Shannons' Main Site: payments
5.1 All payments for any insurance products, renewals, or other services purchased via the Main Website must be paid in full by clear funds by the due date specified in the relevant confirmation.
5.2 Unless expressly stated otherwise, all payments referred to in term 5.1 are to be made by selected payment cards at the time of purchase or renewal of the applicable Shannons policy or service. You must therefore provide to Shannons details of your current and valid payment card, including:
5.2.1 payment card type;
5.2.3 name on payment card;
5.2.3 payment card number; and
5.2.4 payment card's expiry date.
6. Shannons' "My Insurance" / Shannons' Claim Assistant
6.1 Shannons' "My Insurance"
Shannons My Insurance self service function enables you to view, manage certain Shannons insurance policies online. Certain changes to your policy are not permitted, including those that would have a financial impact (for example, require an additional premium to be paid). In addition to the overall Online Terms, terms 6.1 and 6.2 apply to the My Insurance self service function.
6.2 Accessing "My Insurance"
6.2.1 My Insurance is only accessible to you if you have "logged in" by providing certain details as requested by Shannons on the log-in, registration and/or authentication pages of My Insurance self service function, relating to you and/or one of your insurance policies currently held with Shannons. (collectively, this information is your "Login"). You will only be able to "log in", generate a Login, and use My Insurance if you hold at least one current Shannons insurance policy.
6.2.2 You must not provide details of your Login to any other person. You must not allow any other person to use your Login.
6.2.3 You must not use My Insurance to access or modify the details of another person without their authority. Criminal penalties may apply if you do so.
6.2.4 My Insurance may not allow all of the transaction types for CTP insurance that Shannons permits for property insurance. If you have a question or require assistance with your Shannons CTP policy please call us on 13 46 46.
6.3 Shannons' Claim Assistant
7. Shannons Club
7.1 Shannons Club is operated by Shannons and provides an online place where motoring enthusiasts can share their passion. In addition to the remainder of these Online Terms, the specific terms in this term 7 apply to the Club Site, Club Mobile Site and the Landing Site. The sites referred to in this term 7.1 also operate as Social Media Sites (refer to term 1.1).
7.2 Accessing Shannons Club
7.2.1 You must be natural person at least 16 years of age to register for Shannons Club membership. Membership is open to Australian and overseas residents.
7.2.2 Shannons Club does not presently allow corporate or business registration. See also term 7.3.6 which explains that commercial advertising of any type by a Club Member is prohibited.
7.2.3 There is no fee to become a Shannons Club Member. You do not need to be a Shannons customer to become a Club Member.
7.2.4 Shannons Club can be accessed on the Club Site and the Club Mobile Site. Access rights depend on whether you have registered to become a member ("Club Member"). Non Club Members are able to access limited content such as general news, auction news and Club Member profiles which are accessible to all site visitors.
7.2.5 Some parts and functions of Shannons Club are only accessible to you if you are a Club Member and have "logged in" by providing certain details as requested by Shannons on the registration, log-in and/or authentication pages of Shannons Club (collectively, this information is your "Login"). You will only be able to "log-in", generate a Login, and access Shannons Club as a Club Member if you have registered as a Club Member.
7.2.6 Shannons reserves to right to vary its Shannons Club Login requirements from time to time.
7.2.7 Shannons reserves the right to verify the authenticity of all Shannons Club membership applications to ensure compliance with these Online Terms.
7.2.8 You must not provide details of your Login to any other person. You must not allow any other person to use your Login. If you experience a problem logging in to Shannons Club, follow the prompts provided or contact Shannons for assistance.
7.2.9 By agreeing to become a Club Member you agree to receive marketing information from time to time in the future from Shannons or its related companies via mail, phone, email or sms about products and services you may be interested in. If you don't wish to receive this information, you can change your preference when you log into your Shannons Club account (see Account Settings). If you have previously opted out of these communications and the email address you nominated previously is the same as the email you nominate when registering for Shannons Club, we will continue to honour your earlier preference. However, please note that if you hold a product or service with one of our related companies, you will need to contact them to opt out of their direct marketing, since our systems don't allow us to make universal changes across brands.
7.2.10 Notwithstanding anything in term 7.2.9 Club Members agree that the Club Site and the Club Mobile Site will contain general promotional material from Shannons and may contain promotional material from other parties from time to time.
7.3 Uploading and managing user content to Shannons Club
7.3.1 Club Members can upload content to Shannons Club, including photographs, vehicle descriptions and motoring stories. Club Members must select an initial privacy setting at registration. That setting can be updated in accordance with the Club Member's personal preference.
7.3.2 Many parts of Shannons Club operate as a Social Media Site. Under these Online Terms, any user of a Social Media Site is a Social Media Site User and any content they submit is Social Media User Content. Refer to term 10 for additional information about how Shannons manages Social Media User Content.
7.3.3 Club Members acknowledge and accept that when uploading Social Media User Content they must exercise discretion as to what personal information or what information otherwise capable of identifying specific people, vehicles and/or their physical locations is uploaded for Club Member for public access. Shannons Club allows Club Members to restrict the users who can view a Club Member's profile and uploaded Social Media Site User Content. To the extent permitted by law, Shannons accepts no responsibility for any loss, damage, injury or grievance arising from or in any way involving a Club Member uploading Social Media User Content to Shannons Club. The remainder of these Online Terms apply at all times.
7.3.4 Club Members are permitted to amend or delete certain Social Media User Content they upload. Where amendment or deletion is permitted, such options will be readily visible.
7.3.5 Shannons Club house rules
184.108.40.206 All Social Media Site User Content is moderated by Shannons. By Registering as a Club Member you agree to comply with these Online Terms (including term 10) and accept that any non-compliance may result in Shannons taking one or more of the following actions:
220.127.116.11 notifying you of your non-compliance;
18.104.22.168 editing non-compliant Social Media Site User Content;
22.214.171.124 removing non-compliant Social Media Site User Content;
126.96.36.199 notifying of you a 'strike' against your Club membership (upon the accumulation of three strikes Shannons reserves the right to permanently cancel your Club membership); and/or
188.8.131.52 immediately cancelling your Club membership for material non-compliance (as determined by Shannons).
7.3.6 A Club Member must not:
184.108.40.206 use the Shannons Club to in any way advertise goods or services offered for routine/repeat sale or by sale by a business of any type. This includes the commercial sale of vehicles or vehicle components, the commercial repair or restoration of vehicles or vehicle components, or the commercial sale of clothing or memorabilia.
220.127.116.11 use the Shannons Club in any other commercial manner, as that term is determined by Shannnons in the relevant circumstance.
18.104.22.168 Shannons will otherwise operate the Shannons Club in accordance with these Online Terms.
7.4 Private transactions
7.4.1 Notwithstanding term 7.3.6 Shannons accepts that Club Members may from time to time communicate directly with one another using the medium of Shannons Club in relation to the private sale or potential private sale of motor vehicles, motor vehicle components, motor memorabilia or other property or interests in property ("Private Transactions"). For the avoidance of doubt, Private Transactions include transactions that do not involve any financial consideration.
7.4.2 To the extent permitted by law, Shannons accepts no responsibility for any loss (whether direct, indirect, financial or otherwise), damage, injury, death, claim, grievance or dispute arising from or in any way involving a Private Transaction.
7.4.3 Club Members agree that Shannons is not a party to any Private Transaction and in no way warrants the existence of any property offered, its condition, fitness for use (for example, for registration, re-registration, repair, restoration, road use or otherwise) or the representation(s) made by any Club Member. Club Members agree to verify the authenticity and condition of any property related to a Private Transaction before proceeding.
7.4.4 Shannons does not act as an agent, broker or representative of any Club Member with respect to any Private Transaction.
7.4.5 Shannons is not responsible for the terms of any Private Transaction or for in any way mediating or resolving any dispute between Club Members.
7.4.6 Club Members participating in a Private Transaction agree to take reasonable precautions (and where appropriate seek expert advice and/or the advice of the relevant road traffic authority and/or information from the relevant vehicle securities register) before and during the conduct of the Private Transaction.
7.4.7 Shannons encourages Club Members to resolve any disputes in relation to a Private Transaction by way of good faith negotiation with one another, or otherwise by exercising their legal rights.
7.4.8 The Club Member agrees to indemnify Shannons (including for any legal costs Shannons incurs) in relation to any claim, demand or action against Shannons, or any cost Shannons incurs, arising from the Club Member's breach of these Online Terms or from any fraudulent, misleading, unfair or 'breach of bargain' conduct on their behalf in relation to a Private Transaction.
7.4.9 Shannons will investigate any reported inappropriate conduct and reserves the right to apply the Shannons Club house rules (term 7.3.5). The remainder of these Online Terms apply at all times.
7.5 Cancelling Shannons Club membership
7.5.1 Club Members can cancel their Shannons Club membership at any time by selecting "Cancel membership" under "Account Settings".
7.5.2 By cancelling their membership a Club Member acknowledges that their personal information and any uploaded Social Media User Content will be handled by Shannons in accordance with these Online Terms. Cancellation of membership will result in the Club Member no longer being able to log in to Shannons Club, or access any Social Media Site User Content which they have uploaded.
7.5.3 Term 20 of these Online Terms applies in full.
8. Valuation tools, calculators, games and other features
8.1 Our Online Sites may contain or make available various tools, calculation devices, software programs, games or other features which assist you in calculating the optimal insurance policy, premium, or level of excess for you. Our Online Sites may also contain other useful information.
8.2 Whilst Shannons has undertaken reasonable steps to ensure that any such features or information as described in term 8.1 are accurate and free from defect, Shannons does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an "as is" basis. The use by you of any of these features or any information provided is entirely at your own risk. The monetary figures used by these features in any calculations are estimates only and do not take account of your particular circumstances.
9. Standard terms and acceptance criteria apply
All applications for insurance or other products made via the Main Site or the Mobile Site are subject to and must comply with Shannons' normal acceptance criteria and are governed by the normal terms and conditions applying to each product or service requested. The terms and conditions of the insurance products Shannons offers (excluding CTP) are contained in our Product Disclosure Statements. These documents also explain important information about who Shannons is and who the insurer behind Shannons is for the relevant insurance product. See term 1 for further information. These documents can be accessed on the Main Site under the "Insurance" section.
10. Social media content you submit to our Social Media Sites
10.1 When a user of any of our Social Media Sites ("Social Media Site User") submits any personal information or materials via a Social Media Site including text, comments, recordings, images or otherwise ("Social Media Site User Content"), the Social Media Site User, unless Shannons advises otherwise , licenses and grants Shannons, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Social Media Site User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability. Shannons qualifies this term 10.1 by stating that any recruitment application or other correspondence, which is not provided by way of an open public forum or other public process will be treated by Shannons in accordance with the Privacy Statement component of these Online Terms, which begins at term 25.
10.2 Users agree that they are fully responsible for the Social Media Site User Content they submit. Shannons shall not be liable in any way for such Social Media Site User Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site User. Shannons may screen and/or remove and/or request that the third party operator of any social media site or website remove any Social Media Site User Content without notice for any reason whatsoever. Social Media Site Users warrant and agree that: (a) they will not submit any Social Media Site User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, or is unreasonably commercial (for example, a 'guerrilla marketing' attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication; (b) they will obtain prior consent to the submission of their Social Media Site User Content from all persons who appear in (for example, in photographs) or have any rights in relation to any property that appears in or forms part of their Social Media Site User Content; (c) their Social Media Site User Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the Social Media Site User, they will obtain full prior consent from any person who has jointly created or has any rights in the Social Media Site User Content, to the uses and terms herein; (d) their Social Media Site User Content shall not contain viruses or cause injury or harm to any person or entity or device; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems.
10.3 Without limiting any other terms herein, the Social Media Site User agrees to indemnify Shannons (and any of its related bodies corporate) for any loss or expense Shannons and/or any of its related bodies corporate may suffer in relation to any breach of the above terms.
10.4 Social Media Site Users consent to any use of their Social Media Site User Content in accordance with term 10 which may otherwise infringe their moral rights pursuant to the Copyright Act 1968, including Shannons or its affiliates and sub-licensees using and reproducing that Social Media Site User Content without attributing it to the Social Media Site User, or making modifications or adaptations to the Social Media Site User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media. Social Media Site Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Social Media Site User Content. The Social Media Site User agrees to indemnify Shannons (and any of its related bodies corporate) against all costs and claims by third parties arising from a breach of this warranty.
11.1 Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted Fby law, which law cannot be excluded, Shannons does not warrant the accuracy, adequacy or completeness of Site Content or any Online Site User Content or any Social Media Site User Content, on any of its Online Sites. All information is subject to change without notice. Shannons does not guarantee that any Online Site or any Third Party Site will be free from viruses, or that access to any Online Site or Third Party Site will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
12. Limitation of liability
12.1 Subject to any responsibilities implied by law and which cannot be excluded, Shannons, and its directors, employees, agents, contractors and related bodies corporate, 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 any Site Content, Online Site User Content, Social Media Site User Content, Third Party Material, third party services, or to access (or lack of access) to an Online Site (or website operated by any member of the Suncorp Group) by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. Refer to term 1 for the limitation of liability applicable to Shannons Auctions.
13.1 You indemnify Shannons (and any of its related bodies corporate) in respect of any liability incurred by Shannons (or any of its related bodies corporate) for any loss, cost, damage or expense, howsoever caused, suffered by Shannons (or any of its related bodies corporate) as a result of your breach of these Online Terms or your use of any of our Online Sites.
14. No advice unless stated
14.1 Unless expressly stated otherwise:
14.1.1 no Online Site purports to provide you with financial product or investment advice; and
14.1.2 the information available via an Online Site does not take account of your particular financial or insurance position or requirements.
Shannons suggests that you consider whether you require independent advice before acting upon any Site Content or any information found on a Third Party Site.
15. Availability of an Online Site
15.1 Since electronic services are subject to interruption or breakdown, access to an Online Site is offered on an "as is" and "as available" basis only.
15.2 Shannons may impose limits or restrictions on the use you may make of an Online Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Online Terms, Shannons may withdraw an Online Site (of part thereof) at any time and without notice to you.
15.3 Any cost associated with accessing an Online Site is the user's responsibility and is dependent on the internet or telecommunications service provider used.
16. Restrictions on use of an Online Site
The Site Content contained on any Online Site is provided solely for bona fide personal or commercial customers only. By accessing, viewing or otherwise using any of Shannons' Online Sites, you agree to abide by the terms and conditions of use contained in this term and term 17.
You agree that you will not, (either yourself or through any third party):
16.1 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 any of our Online Sites, or any of the information, content or data contained within or accessible through any of our Online Sites, without Shannons' prior written permission;
16.2 use any Automated Process to aggregate or combine information, content or data contained within or accessible through any of our Online Sites with information, content or data accessible via or sourced from any third party;
16.3 use any information on or accessed through any of our Online Sites for any commercial purpose(including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
16.4 use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of our Online Sites or any transaction or process being conducted on or through it;
16.5 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to any of our Online Sites;
16.6 reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the soFftware underlying the infrastructure and processes associated with any of our Online Sites; or
16.7 copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Online Sites without Shannons' prior written permission.
17. No use of any Online Site for unrelated persons
You must only use our Online Sites (as permitted by their design) to:
17.1 obtain insurance quotes;
17.2 obtain other information relating to the price of insurance cover from Shannons;
17.3 conduct insurance related transactions (including using any self-service function to manage your insurance policy) or queries;
in respect of insurance cover for you or a member of your immediate family (with their prior consent) or for a commercial enterprise for which you seek bona fide insurance cover.
You agree not to otherwise use any of our Online Sites to obtain insurance quotes, or to obtain other information relating to the price of insurance cover from Shannons or conduct insurance-related transactions or queries.
You also agree to indemnify Shannons in respect of any liability incurred by Shannons for any loss, cost, damage or expense, howsoever caused, suffered by Shannons as a result of your breach of this term 17.
18. Third party providers
19. Copyright and trademarks
19.1 Copyright in the Material on an Online Site is owned or licensed by Shannons.
19.2 Except where necessary for and incidental to viewing or using the Site Content on an Online Site via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no Site Content on an Online Site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, 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 Shannons.
19.3 Shannons and each of its related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. The Shannons' chequered flag and shield image and the chequered flag image with the words insurance and auction sales are both registered trademarks of AAI. AAI additionally reserves its rights in relation to the marks: Shannons Club, Shannons Garage, Shannons My Garage. Shannons holds the registered trademark Share the Passion and regularly uses the phrase Insurance for Motoring Enthusiasts in trade and commerce.
19.4 Third party trademarks are trademarks of the respective third parties.
20.1 Termination of these Online Terms
Unless otherwise stated in this term 20, these Online Terms and/or your access to our Online Site(s) may be terminated at any time by Shannons. You may terminate your use of our Online Sites at anytime. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of Shannons, will survive any termination. Upon termination, you must not directly or indirectly access or use the relevant Online Site(s) or any Site Content on the relevant Online Site(s).
20.2 Termination of access to the Self Service Site
Shannons reserves the right to terminate your access to the Self Service Site at any time upon notice to you. You may terminate your access to Shannons' My Insurance at any time upon notice to Shannons, which notice must be given to Shannons either by email or telephone (the email and telephone number will be noted on the Main Site and may change from time and time). However, such termination will not be effective until notice of that termination is received, processed and acknowledged by Shannons.
20.3 Prohibition on access post termination
Upon termination of these Online Terms and/or your right to access to our Online Site(s), you must not directly or indirectly access or use any part of our Online Site(s) or any Site Content.
21. Acceptance of and changes to these Online Terms
21.1 You acknowledge and accept that your use of an Online Site indicates your acceptance of these Online Terms.
22. Shannons' complaints resolution process
22.1 If you are dissatisfied with your dealings with Shannons in relation to your use of an Online Site please let us know by emailing us at email@example.com.
22.2 We will review your email and contact you with a reply or to ask you for further information, if it's required. If you make a complaint and it is about a Shannons insurance policy or insurance claim, you may have additional rights of appeal, such as under Shannons' formal complaint handling process. We will tell you if that is the case. See the "How we resolve your complaints" brochure on our Main Site for more information about how Shannons resolves complaints.
23.1 An Online Site may be viewed and interacted with by anyone in the world, however age limits may apply to certain Site Content, including in relation to the issue of insurance products or membership of Shannons Club.
23.2 Shannons only offers its insurance products for sale within Australia.
23.3 The law applicable to an Online Site (including Shannons' operation of any Social Media Site), and to any complaints arising from an Online Site is the law of the State of Queensland Australia, unless the complaint relates to an insurance contract in which case relevant state or federal law will apply. By using any of our Online Sites, and except for an insurance contract dispute, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia, and appeal therefrom.
23.4 Should any term or part of these Online Terms 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.
23.5 You may not rely on the words or conduct of Shannons as a waiver of any right unless the waiver is in writing. In this term "conduct" includes delay in the exercise of any right. "Right" means any right of Shannons arising under or in connection with these Online Terms or otherwise, and includes the right to rely on this term. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
24. Linking to any of our Online Sites
Unauthorised linking to any part of an Online Site (including any part of a Social Media Site or website operated by a related body corporate that is part of the Suncorp Group) is expressly prohibited. Please contact us if you would like to link to any party of our Online Site(s). Only written permission from us will constitute authorisation of a link.
25. Our Online Terms Privacy Statement starts here
25.2 These Online Terms explain Shannons' policy for handling personal information which you may provide to us as you access and/or use an Online Site. Shannons encourages you to review these Online Terms periodically as they may be updated from time to time.
25.3 In addition to the provisions of these Online Terms there may also be additional privacy provisions that apply to your use of an Online Site or as a result of your membership (or your application for membership) of a third party social media website that hosts a Shannons' Social Media Site. Should you decide to register for or participate in a promotion or other activity, or purchase a product or service from Shannons, you will be bound by the relevant terms of that promotion, activity, product or service.
25.4 When interacting with Shannons about Shannons Auctions' Auction Activities, Shannons collects and handles your personal information under this Privacy Statement. Shannons is authorised by Shannons Auctions to provide information, Auction Activities services to buyers and sellers (including potential buyers and sellers) in relation to Auction Activities.
26. Your Security and Privacy
26.1 Shannons understands that you, as a visitor or user of an Online Site, are concerned about the security and privacy of information we may gain about you online. Shannons is committed to respecting your privacy and, at all times, complies with its obligations under Australian privacy law.
26.2 Shannons values the personal information you provide us and will take reasonable precautions to prevent unauthorised access to that information.
26.3 Notwithstanding any other term in these Online Terms, you agree and freely acknowledge that when you submit comments, recordings, images or other personal content, for public display on an Online Site, that content may be available for anyone in the world to read and/or view and/or comment on and potentially download. See terms 10 and 28 for further information about the public display of your content.
27. Sending electronic messages to Shannons
27.1 Unless otherwise stated, when you send Shannons an electronic message (whether email or otherwise), the content of your message and any email or machine address is retained by us for only as long as it takes to respond to your inquiry or provide you with what you've requested, unless you provide us with your permission to retain that information for longer or where we believe there is a legal reason to retain the information for a longer period.
27.2 Unless otherwise stated, when you post a public comment or upload other public data to an Online Site, that information may be displayed by Shannons publically in accordance with terms 10, 26 and 28. Your information may also be retained by Shannons where we believe there is a legal reason to retain it for a longer period.
28. Information collected and how we use it
28.1 General Information
28.1.1 The information we will collect about you will depend on how you use an Online Site.
28.1.2 If you use an Online Site to read, browse or download information, our computer system may record information such as the date and time of your visit, the pages accessed and any information downloaded. This information may be used for statistical, reporting, site/application administration and maintenance purposes only.
28.1.3 An Online Site may offer interactive facilities including tools, games and other online features. If you use any interactive facilities, we may, but generally do not, capture any personal information which you may enter when using these tools.
28.2 Personal information submitted to an Online Site
28.2.1 When a user of an Online Site ("Online Site User"), including any Social Media Site User referred to in term 10 above, submits any personal information via an Online Site, whether in the form of text, comments, recordings, images or otherwise ("Online Site User Content") (for the avoidance of doubt, Online Site User Content includes Social Media Site User Content, as far as is relevant in the circumstances), the Online Site User consents to that personal information being collected by Shannons and used and disclosed for any purpose permitted by these Online Terms, and otherwise as permitted by relevant privacy laws in Australia.
28.2.2 We may collect an Online Site User's personal information and use it for identifying you, establishing your requirements and providing products or services, setting up and managing our products and services, assessing and managing a claim and understanding your needs and improving our products and services through research, product development and training.
28.2.3 Shannons is part of the Suncorp Group and we may disclose an Online Site User's personal information to all related companies within this Group. The other Suncorp Group companies use and disclose an Online Site User's personal information for the purposes described above in relation to any products and services they may provide to them. Other companies in the Suncorp Group may also use an Online Site User's personal information for the purposes of providing products and services to other customers, including investigating their claims (but we will not disclose an Online Site User's personal information to any other customer without their consent).
28.2.4 We may disclose an Online Site User's personal information to and/or collect their personal information from other companies within the Group; any joint ventures where authorised or required; information technology providers, such as hardware/software vendors and programmers; customer or market research organisations; intermediaries such as their agent, adviser, broker, a representative acting on their behalf, other Australian Financial Services Licensees, or our own authorised representatives and agents; policy holders, where they are an insured person, but not the policy holder; government, law enforcement or statutory bodies; Financial Ombudsman Service; other insurers, financial institutions, insurance and claims reference agencies, credit agencies, loss assessors, financiers, and investigative service providers; in the case of a relationship with a corporate partner such as a bank or credit union, the corporate partner and any new incoming insurer; legal, accounting, finance and other professional advisers hospitals, medical and health professionals; administration or business management services; printers, mail service and delivery providers and imaging and document management services.
28.2.5 In the case of personal information which is provided to Shannons for public display by a Social Media Site User (this includes any 'tweet' you send to Shannons on Twitter, which we may "re-tweet" to other Twitter users), Shannons may display that information to other Online Site Users or otherwise display the Online Site User Content for any purpose in any media (including, but not limited to, commercial brochures and/or other advertising material). See also term 10 for what other uses and/or disclosures Shannons may make of a Social Media Site User's personal information and what limits it imposes.
28.2.6 Shannons may collect personal information belonging to an Online Site User, such as their name, email address or social media site alias, in order to provide them with the interaction or outcome they have requested. This may require Shannons to disclose an Online Site User's personal information to one or more third parties, including but not limited to agents or external service providers.
28.3 Security of personal information submitted to our Main Site, Mobile Site, Club Site or Club Mobile Site
All personal information you provide to our Main Site or our Mobile Site over the internet while inquiring about or obtaining an insurance quotation is passed through a secure, encrypted connection. The secure connection is over a protocol called secure sockets layer (SSL). Shannons uses a strong form of SSL encryption (128-bit), which provides a very high level of protection against unauthorised access in order to prevent unauthorised persons from reading the information you send to Shannons while it is in transit over the internet. Once your personal information has been received at our Main Site or our Mobile Site, we take all reasonable precautions to securely pass that information to the Shannons' mainframe computer or the GIO mainframe computer in the case of CTP insurance. Neither Shannons' mainframe computer nor the GIO mainframe computer is directly accessible through the internet. No details you provide to us are stored on a web server. The personal information you provide to our Club Site or Mobile Club Site is encrypted (AES-128 bit key) during its transfer and stored on a secure server operated by our service provider. Your Shannons Club password remains encrypted at all times.
29. Entering a promotion via an Online Site: collection and use of information
29.1 If you decide to enter a promotion that is made available or otherwise advertised on an Online Site you will need to agree to that promotion's separate terms and conditions, which will be drawn to your attention as part of the entry process.
29.2 If a promotion's terms and conditions include opting into the promoter's marketing communications, you can change your mind and unsubscribe (subject to any specific restrictions for the relevant promotion) by contacting the promoter on the contact details provided in their promotional terms.
30. Your privacy rights and complaint resolution
30.1 If Shannons has collected your personal information through your use of a an Online Site, then you have a right to access, update or correct that personal information, with some limitations as permitted by Australian law. You also have the right to make a complaint about your privacy. You should direct any information access/correction request or privacy concern relating to your use of an Online Site by emailing us at firstname.lastname@example.org or by writing to us at:
321 Warrigal Road, Cheltenham, Victoria 3192
30.2 We will review your correspondence and contact you with a reply or to ask you for further information, if it's required. If you make a complaint about your privacy you may have additional rights of appeal, such as under Shannons' formal dispute resolution process. We will tell you if that is the case. See the "Insurance" section on our Main Site for more information about how Shannons resolves privacy complaints.
31. Third Party Sites (including third party social media sites)
Our Online Sites may contain links to Third Party Sites (see term 2.1). Third Party Sites should contain their own privacy statements and those third parties are responsible for informing you about their security and privacy practices.
33. The personal information of other people
33.1 You agree to obtain the prior consent of any other person whose personal information (whether in the form of words, images, recordings or otherwise) you submit to Shannons via an Online Site, including any Social Media Site. We will collect this information from you in good faith and take reasonable precautions to ensure it is handled in accordance with relevant Australian privacy laws. If you are not sure whether the other person would agree with you providing their personal information to Shannons, please exercise caution and DO NOT provide it to us.
34. These Online Terms are dated 2 April 2013
Shannons Customer Feedback Promotion
Terms and Conditions
1. The promoter of the Shannons Customer Feedback Promotion ("Competition") is Suncorp Insurance Services Ltd (ABN 79 000 746 092) of Suncorp Centre, Level 18, 36 Wickham Tce, Brisbane, Qld 4000.
2. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions.
3. The period of this Competition begins at 12:00:00am (AEST) on 7 May 2012 and ends at 11:59:59pm (AEST) on 6 September 2012 ("Competition Period"). The Competition Period is made up of two separate prize draw periods ("Prize Draw Periods"), which are:
Prize Draw Period 1: 12:00:00am (AEST) 7 May 2012 to 11:59:59pm (AEST) on 6 July 2012;
Prize Draw Period 2: 12:00:00am (AEST) 7 July 2012 to 11:59:59pm (AEST) on 6 September 2012.
4. Entry is open to current and former customers of Shannons Ltd ("Shannons"), who have made a claim on their motor or home insurance policy AND have been requested by their insurance provider to provide feedback ("Feedback") on their claim experience via their mobile phone number during the Competition Period.
5. One entry per customer, upon completion of the Feedback, will go into the relevant Prize Draw Period draw to win a $1,000 cash prize. A total of two prize draws will be held, one for each Prize Draw Period, on the dates set out in clause 14.
6. Customers enter their Feedback by replying by SMS to the sender of the Promoter's SMS/MMS (which will result in an instant automated phone survery, at no further cost) or by calling a designated 1800 number after receipt of the Promoter's SMS/MMS. The entry cost is the individual Entrant's standard SMS charge on their mobile network for one SMS (inclusive of any GST as billed by their service provider).
7. Employees (and their Immediate Family Members) of the Promoter, or any related body corporate of the Promoter including the entity set out in clause 4, as well as any agency associated with this Promotion are ineligible to enter. Immediate Family Members means any of the following: spouse, ex-spouse, de-facto, ex-de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
8. A successful entrant is referred to in these Terms and Conditions as an Entrant. To enter the Competition an Entrant must successfully enter their Feedback within the Competition Period, but no later than 11:59:59pm (AEST) on 6 September 2012. An incomplete entry will be deemed invalid and removed from the relevant draw.
9. An Entrant must provide the Promoter with their contact telephone (mobile number or landline number) when requested during the Feedback survey.
10. In addition to the specific conditions explained in clauses 6, 8 and 9 the Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in any telecommunications service or equipment. Entries into the Competition will be deemed accepted at the time of receipt by the Promoter and not at the time of submission by the Entrant.
11. The Promoter may, at its absolute discretion, declare any entry made by an Entrant invalid if the Entrant tampers with the entry process, benefits from such tampering or submits an entry that is illegible, incomplete or not in accordance with these Terms and Conditions.
12. The Promoter reserves the right, at any time, to verify the validity of entries and each Entrant (including each Entrant's identity and association pursuant to clause 7) and to disqualify any Entrant who has breached the entry criteria explained in these Terms and Conditions and/or to conduct a re-draw of the prize. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. This is not a game of skill. The single prize winner from each Prize Draw Period will be selected by Feedback ASAP Pty Ltd (on behalf of the Promoter) at random through an automatic selection process.
14. The prize draws will be conducted by Feedback ASAP Pty Ltd at Level 12, 380 St Kilda Road 3004 on the following dates: 9 July 2012 (Prize Draw Period 1) and 7 September 2012 (Prize Draw Period 2) at approximately midday (AEST) on each occasion.
15. The winner of each Prize Draw Period will be notified by telephone and SMS within 7 days of the draw. The winners' names will also be published in The Australian newspaper on the 23 July 2012 (Prize Draw Period 1) and 21 September 2012 (Prize Draw Period 2). If a prize winner(s) is located in the ACT, that winner(s) will be notified by mail.
16. The Promoter's decision is final and no correspondence will be entered into.
17. The first valid entry drawn for each Prize Draw Period will win $1,000 (Australian dollars) which will be awarded in the form of a VISA Gift Card within 14 days of the winner being notified. The VISA Gift Card will be posted to the winner by registered mail, at the Promoter's cost and is valid for 12 months from the date of card issue. The VISA Gift Card is subject to its terms of issue and may not be accepted by all retailers. The Promoter accepts no liability for a defective Gift Card however, if necessary, will provide reasonable assistance to a winner to ensure a replacement Visa Gift Card is provided.
18. The total value of the prize pool is $2,000 Australian dollars.
19. The prizes are not transferable or exchangeable and cannot be taken in any other form.
20. Subject to the unclaimed prize draw clause 21, if for any reason a winner does not take possession of their prize by the time stipulated by the Promoter, then the prize will be forfeited.
21. If a prize is still unclaimed after three calendar months of the original prize draw, the Promoter will conduct a further draw for the prize. Dates for these draws would be 8 October 2012 (for Prize Period 1), and 7 December 2012 (for Prize Draw 2) at the same time of day and address as the original draw. Each winner of an unclaimed prize draw will be notified by telephone and SMS within 7 days of the draw. If the winner(s) is located in the ACT that winner(s) will be notified by mail. The winner of an unclaimed prize draw will also be published in The Australian newspaper on 1 November 2012 (for Prize Period 1) and 21 December 2012 (for Prize Period 2).
22. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, at its sole discretion, to the fullest extent permitted by law to: (a) disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
23. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or entrant; or (e) in any way related to use of the prize.
24. This Competition is authorised under: NSW permit no. LTPS/12/03600 and ACT permit no. TP 12/01668
25. Any Entrant (who the Promoter automatically enters into the Competition when they provide Feedback) who wishes to not participate in the Competition can email email@example.com and request for their entry to be removed from the relevant draw.