Terms of Business
Website Terms of Use
The terms 'Mitti', 'we', 'us' and 'our' refer to Mitti Insurance Pty Ltd (ABN 56 640 574 385 AFSL 528433). The terms 'you' and 'your' refer to the website user.
Your access and use of this website constitutes your agreement to these Terms of Use.
"This website" means all webpages located on the mitti.com.au domain name and its related sub-domains.
By using the Mitti website, you consent to Mitti collecting and managing information about you in accordance with our Privacy Policy. Please read our Privacy Policy for details
Website Disclosure
The advice on this website is general in nature and has been prepared without taking into account your objectives, financial situation or needs. You must decide whether or not it is appropriate, in light of your own circumstances, to act on this advice. You should ensure you obtain and consider the policy wording or Product Disclosure Statement for the policy before you commit to purchase.
The Mitti Website
- contains information of a general nature about Mitti and Mitti’s products and services;
- enables you to purchase and pay for insurance products and services online; and
- enables you to view, manage and change your Mitti insurance policies online.
Mitti's Insurance Quote and Insurance Application Service
The Quote service and the Insurance Application service, Mitti is offered solely to assist you to buy or decide to buy insurance from us.
You are not authorised to, and you agree not to, use high-volume, automated or systematic processes to obtain quotes or make insurance applications, or to make an excessive number of requests to the services.
You also agree not to use, copy, compile, repackage or disseminate any information obtained from the Quote service or the Insurance Application service for any purpose other than your personal, non-commercial purposes without Mitti’s prior written consent, and you specifically agree that you will not use, or obtain with an intention to use, such information for the purpose of discovering the business logic of either service or creating a tool that predicts the operation of either service.
If you contravene the above paragraph, Mitti reserves the right to terminate your access to these services at its sole discretion, without prejudice to any other rights that it may have.
You acknowledge that the business logic (including the relative importance of each rating criterion and the pricing algorithms) used to implement the services are trade secrets of Mitti and/or its underwriters and/or its reinsurers and that Mitti would suffer significant harm if such business logic were to be derived and subsequently used or disclosed, in breach of these Terms of Use.
The Mitti logos may not be used or reproduced without the prior written consent of Mitti Insurance Pty Ltd.
Permitted Activities
This website may only be used for the following permitted activities:
- The Mitti website offers certain permitted transactions for certain Mitti products (Permitted Transactions).
For example, you may be permitted to request an insurance quote, or purchase, vary or renew an insurance policy, or notify or lodge an insurance claim. When a Permitted Transaction is offered on the Mitti website, that transaction will not be completed until Mitti receives a valid electronic instruction from you to this Mitti website.
In the case of insurance cover inception, variation or renewal, a valid electronic instruction must contain your agreement to the relevant Permitted Transaction and in the case of a required premium payment Mitti must receive a valid confirmation of payment for the requested transaction unless we have offered and you have elected a deferred premium payment option.
When renewing the Policy, we will send you notification of whether the insurer is prepared to negotiate to renew the policy and if so, on what terms, at least 14 days before the expiry date of your policy. Unless we require a new proposal or declaration from you to determine your premium or decide to offer renewal (we will tell you by email if this is the case), the renewal notice will show the premium for the new period of insurance, and may also include notice of any changes to the terms of your policy If you wish to take up this renewal offer and you are happy the information is accurate and you have no disclosure to make to insurers under your duty of disclosure, you will not have to do anything and if we do not hear from you by the expiry of your current period of insurance, we will automatically deduct/charge the renewal premium from your account/credit card. If you do not wish to take up the renewal offer you must contact us before expiry to advise us of this. When you receive a renewal offer, you must tell us before expiry if the information contained in it is incorrect or incomplete and make such additional disclosure to us as is required pursuant to your duty of disclosure (refer to the Product Disclosure Statement). We will then consider the additional information and whether and on what terms we are able to arrange for renewal. If we are not able to automatically renew your policy we will send you an email notification for you to either complete your renewal online or to contact us. Please ensure you keep us updated on any changes to your email address.
Any Permitted Transaction that involves a deferred payment option remains contingent on successful payment of the correct requested amount, by the time and in the manner that is requested by Mitti. Failure to provide valid payment under a deferred payment option may lead to cancellation of insurance cover by Mitti, in accordance with the Insurance Contracts Act 1984 or otherwise under relevant law.
- By using the Mitti website, you agree that any attempted electronic instruction or attempted confirmation of payment may not occur for reasonable reasons outside of Mitti’s or your control, such as hardware or software failure, a telecommunications interruption or failure, or delay by a third party service provider. To the extent permitted by law, you agree that Mitti is not liable to you or anyone else in such circumstances.
- Time of new insurance cover commencement or amendment. By obtaining an insurance quote using the Mitti website you agree that no insurance cover is provided by Mitti. If you request to make a Permitted Transaction that involves the purchase of a new Mitti policy or variation of an existing Mitti policy, you agree that any new or varied insurance cover, to which Mitti agrees, will only start at the relevant time explained in these Mitti website terms of use. For example, if Mitti receives a valid confirmation of payment of a customer’s new Mitti Small Business Package Insurance policy at 1:00 pm AEST on 1 June 2020, then cover will only commence at that time, on that day.
- Mitti may provide you with a facility on this Mitti website to agree to direct debit payment, whether once-off or recurring, for example from your financial institution’s savings account or your payment card. Mitti does not allow all account or payment card types. You must ensure that you have clear authority to use such payment method to enter into an agreement with Mitti as to automated direct debit.
- Mitti may offer you other payment options for the purchase of insurance on the Mitti website. If offered, those options are subject to any relevant terms and conditions, including any stated within the relevant Product Disclosure Statement (PDS) / policy wording or Certificate of Insurance, or on the Mitti website.
- Any quote request or insurance purchase or variation request, made on the Mitti website, is subject to Mitti’s relevant insurance underwriting criteria and applicable PDS / policy wording. You should locate and read the relevant PDS / policy wording for the insurance product you are interested in, before obtaining a quote for it or purchasing cover.
- Temporary browsing as a genuine customer, or for personal non-commercial interest
Prohibited Activities
- Use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website
- To accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without Mitti's prior written permission
- Use of high-volume, automated or systematic processes to obtain data or other information from this website
- Compiling, repackaging or disseminating any information or data from this website
- Accumulating data or information from this website whether or not using any automatic or manual process
- Use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this website or any transaction or process conducted on or through this website
- To use or reproduce any information or data from this website other than as specifically permitted by these Terms of Use
- To incorporate into or store any information or data from this website in any other website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Terms of Use
- Combining or processing any data or information from this website with other data or information other than as specifically permitted by these Terms of Use
- Creating a link to this website from another website without Mitti's prior written permission
- Using this website other than as specifically permitted by these Terms of Use or for any other purpose other than as a legitimate customer of ours
- Any use of this website for any unlawful purpose or activity
- Take any action which may disrupt access to, cause damage to, or interfere with, the proper operation of our website
- Either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this website, or displaying in public, any part or content of this website without Mitti's prior written permission or unless you have a non-excludable legal right to do so.
If you breach these Terms of Use, you agree to indemnify us for any loss that we may suffer or any costs that may be incurred from your breach.
Any failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights.
Other Important Information
Limitation of Liability
In relation to the Mitti website, you acknowledge and accept that:
- to the maximum extent permitted by law, Mitti excludes all warranties, conditions and other terms implied by law or otherwise;
- Mitti takes reasonable care in making material, content and information available on the Mitti website but does not warrant that it is complete, accurate or reliable;
- the Mitti website may include inaccuracies and errors from time to time, and it is your responsibility to verify that material, content and information available on the AU website is correct and up to date;
- the availability of the Mitti website may be interrupted or unavailable at any time; and
- to the maximum extent permitted by law, Mitti disclaims all liability for any loss directly or indirectly incurred from your use or reliance of the Mitti website or any material, content or information published or made available on the Mitti website.
Intellectual Property
Mitti is the owner or licensee of the Mitti website, and any and all materials and content published on the Mitti website. You may only display such materials and content, and print one copy of such materials and content, for your personal or non-commercial use within your organisation. No other rights are granted in respect of these works. These works are protected by copyright and other intellectual property laws around the world. Mitti reserves all such rights.
You must not reproduce, distribute, broadcast, publish, modify, sell or license any material or content from the Mitti website to any third party without Mitti’s prior written consent.
Material that you upload to a public section of the Mitti website
Any material or content that you upload to a public section of the Mitti website (for example, a social media feed) is considered non-confidential and non-proprietary. You agree that Mitti may use such material or content for any purpose. We may disclose your identity to any person who claims that such content or material constitutes a violation of their intellectual property rights, or a breach of their confidential information or privacy rights. We may remove any material or content that you upload to the Mitti website at any time without notice, in our discretion.
Material that you download from the Mitti website
You may download any available documents from the Mitti website for informational purposes only. Use of these documents may be affected by factors outside our control, including limitations of your computer or its software.
Any advice provided on the Mitti website
Any advice on the Mitti website has been prepared without taking into account your objectives, financial situation or needs. You must decide whether or not it’s appropriate, in light of your own circumstances, to act on any such advice. You should obtain and consider the relevant Product Disclosure Statement/Policy Wording for the product you’re interested in, before you make any decision to buy it.
Links on the Mitti website
The Mitti website may contain links to other websites and resources operated, controlled or created by third parties. If you use these links, you will leave the Mitti website. These links are provided for convenience and information purposes only. Mitti does not endorse, approve or recommend any third-party website, their goods or services, or the information and material on such third-party websites.
Mitti accepts no responsibility for any liability, losses, damages, costs or expenses resulting from your use or access of any third-party websites. Your use of any third-party website and any purchase of any goods or services from such third-party website is entirely at your own risk.
Linking to the Mitti website
Before linking to the Mitti website, you must obtain Mitti’s written consent.
Breaches of these Mitti website terms of use
We will determine, in our discretion, whether you have breached these Mitti website terms of use. If we consider you have breached them, we may take any action we deem appropriate including to:
- suspend or terminate your right to use the Mitti website;
- commence legal proceedings against you for reimbursements of costs we have incurred as a result of your breach report on an indemnity basis;
- take further legal action against you; and
- notify relevant law enforcement authorities and disclose your identity to them.
Governing law and jurisdiction
These terms and any dispute arising in connection with them are governed by, and construed in accordance with, the laws of the State of New South Wales, Australia. By using the Mitti website you agree that the courts of New South Wales, Australia will have non-exclusive jurisdiction to determine disputes arising under or in connection with these Mitti website terms of use and submit to the jurisdiction of such courts and permitted appeal therefrom.
Privacy – our commitment to you
We are committed to protecting your privacy. The privacy section of your Product Disclosure Statement explains how we collect, use and disclose the personal information you provide to us. Additional information on how we handle your personal information is available in our Privacy Policy.
How to contact us
If you have any comments or questions about material that appears on the Mitti website or would like to request consent, where required under these Mitti website terms of use, please contact [email protected]
Mitti Terms of Use
These Mitti Terms of Use apply to your access and use of Mitti’s online platforms and operate concurrently with the Terms of Use. To the extent of any inconsistency, with regard to your access and use of Mitti, these Mitti Terms of Use prevail.
Mitti enables you to view and manage details relating to certain insurance policies you hold with us.
Accessing Mitti
You must not share or allow any other person to use your Login. You must only use your Login and may only use Mitti to view or manage information relating to your insurance policies and risk management tools.
Where you hold a policy or access to Mitti jointly with another person, each of you will need to become Registered however your individual Logins will enable each of you to view or manage details relating to that jointly held policy. In the case of joint policies, any transaction performed on Mitti by one policyholder will be deemed an authorised transaction performed by all policyholders.
You will remain Registered where you use your Login at least once in a two-year period. Should you not use your Login to access Mitti for a period of two years, or other period of time we determine, you will be deemed an "Inactive User" and your access to Mitti may be terminated.
Electronic transactions
You may use Mitti to perform certain transactions online.
Any transactions performed on Mitti will not be complete until we receive and process your "Confirmation". Your Confirmation means any communication issued or transmitted by you to us via Mitti or other electronic means which contains your acceptance in relation to our offer, or your confirmation of payment, whichever applies.
Your Confirmation may not be received by us for various reasons and you acknowledge that we are not liable to you in any way for loss or damage, howsoever caused, directly or indirectly, in connection with the transmission of your Confirmation.
Terminating access to Mitti
We reserve the right to terminate your access to Mitti at any time for any reason. We will endeavour to notify you if this occurs. You may terminate your access to Mitti at any time by contacting us and giving us notice to that effect along with sufficient information to enable us to identify your Login.
Where your access to Mitti is terminated by us, by you or as a result of you becoming an Inactive User, you must immediately cease using Mitti and not directly or indirectly access or use Mitti further.
© 2023 Mitti Insurance
Mitti Insurance Pty Ltd (Mitti) (ABN 56 640 574 385, AFSL 528433)