The terms and conditions contained in this document and any conditions, notices and disclaimers contained elsewhere on our website (known collectively as the “Terms of Use”) govern your access and use of the Primacy Website found at www.pum.com.au and its sub-domains (which includes the Primacy Broker System and Service Ticket Management System) accessible from this website. Access and use of our websites is conditional upon your acceptance and compliance with the Terms of Use.

Ownership of the Website

Our Website and its contents (including all information, data, text, graphics, images, software, advertisements and other material on our website (“Content”)) are the property of Primacy Underwriting Management Pty Limited (ABN 87 070 058 212) and are subject to copyright under Australian law and through international treaties with other countries. You may use this Content for your personal reference only (not for any commercial or public use) and may download a single copy of the Content, keep a temporary copy in your computer’s cache and make a single hard copy, provided you keep intact all copyright and other proprietary notices. No other use, copying, reproduction, publishing, storage in a retrieval system, alteration or transmission in any form or by any means, in whole or part, of the Website or Content is permitted without prior written authorisation from Primacy.

All names, logos and trademarks are the property of Primacy or the third parties who have contributed to our website. Nothing on our website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Primacy or the relevant contributor. The name of Primacy and its agents or any of the trademarks and other intellectual property belonging to Primacy or its agents may not be used commercially or in advertising or publicity or used to identify a link to our website without the express prior written permission from Primacy Underwriting Management Pty Limited.

You must notify Primacy immediately if you become aware of any third party that is or may be infringing the intellectual property rights in our website. You must give Primacy all assistance in relation to any infringement proceedings. Primacy shall have sole control of the defence and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Primacy. If a court or Primacy determines that our website or Content have infringed or may infringe a third party’s intellectual property rights, Primacy shall have the right to alter, delete or modify our website or Content in order to avoid continuing infringement.

Information on Website

The information contained within this website and on any Primacy or Related Body Corporates’ products and services is of a general nature only.

Changes may occur in circumstances at any time which may affect the accuracy or completeness of the information so while Primacy has taken all reasonable care in producing our website, it accepts no responsibility for any loss, expense or liability which you may incur from using or relying on the contents, and you must not rely on any statement on our website without taking specialist advice.

Any legal rights and obligations which Primacy and you may have will be contained in the terms and conditions of the contract and policy issued to your client or available on our website when you on behalf of your client buy their policy online.

Usage of the Primacy Website

You must not use our website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Primacy, or that is prohibited by the Terms of Use. In particular it is a condition of your use of and/or access that you agree that you will not:

  1. use any device, software or routine which will or may interfere with the working or functioning of our website and will not post, publish, distribute or transmit any Content of any kind which contains a virus or other harmful component;
  2. make any unauthorised use of any materials or intellectual property found on our website;
  3. copy or provide to any other party any materials, Content or data found on our website other than as set out in the Terms of Use;
  4. copy and use any materials, Content or data found on our website for any other purpose than purchasing or endorsing or cancelling a Primacy product;
  5. use any method or means to copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the Content or our website, or monitor it in any way, unless expressly provided for in our website or expressly authorised in writing by Primacy;
  6. intentionally do anything which overburdens the infrastructure of our website;
  7. post, publish, distribute or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent Content of any kind, including without limitation any Content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations;
  8. post, publish, distribute or transmit, or disseminate any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from Primacy or relevant right holder;
  9. post, publish, distribute or transmit, or disseminate any unsolicited correspondence (including Emails) or spamming via our website;
  10. reverse engineer, reverse assemble, or otherwise attempt to identify the source code or other arithmetical formula for the infrastructure software or functions; and
  11. restrict or inhibit any other user from using or enjoying our website.

Primacy has no obligation whatsoever to monitor any user’s use of our website or to edit, delete or refuse to post any Content. However, Primacy reserves the right to monitor your or any user’s, use of our website and to edit, refuse to post or remove any Content whatsoever. Primacy reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of our website.

Indemnity to Primacy

You will indemnify Primacy for any liability incurred by Primacy for any loss, liabilities, costs, damages or other expenses howsoever incurred by Primacy in connection with, or arising directly or indirectly as a result of, your breach of these Terms of Use or your use of or access to our website.

Limitation of Liability

Except as provided by the Prescribed Terms, Primacy, its directors, employees, suppliers, or any third parties mentioned on our website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from:

  1. any use or access of, or any inability to use or access, our website, any third party link or any Content;
  2. any unauthorised access to or alterations of your transmissions or data; or
  3. any statements or conduct of any user of our website, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Primacy liability for breach of any Prescribed Terms is limited at the option of Primacy to the following:

  1. In the case of services supplied or offered by Primacy:
    1. The supply of the services again; or
    2. The payment of the cost of having services supplied again; and
  2. In the case of goods supplied or offered by Primacy:
    1. The replacement of the goods or the supply of equivalent goods;
    2. The repair of such goods;
    3. The payment of the cost of replacing the goods or acquiring equivalent goods; or
    4. The payment of the cost of having the goods repaired.

Availability of the Website

Primacy can not guarantee that our website or any other website with a link to its website will be free from viruses or that uninterrupted access will be available.

Access is offered only on an “as is” basis and Primacy may make any online access unavailable without any notice and where necessary in order to maintain or update the site.