Terms & Conditions
Your use of this web site and those of any LMI companies’ websites and their products are expressly conditioned upon the following terms and conditions.
(i) this website, including its look, feel, format, and content; and
(ii) the products and/or services as described in this website.
Any modifications will take effect when posted to the website. Therefore, each time you access the website, you need to review the Legal Terms upon which access and use of this website is conditional. By your continuing use of the website after changes are posted, you will be deemed to have accepted such changes.
This website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this website.
LMI Group makes no representation that the information, opinions, advice or other content on the website (collectively, "Content") is appropriate or that the products and services referred to, are available outside Australia. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Not all of the products & services described on this website may be available in all geographic areas and furthermore you may not be eligible for them.
The website may provide a general description of certain types of insurance products, coverage and services available through many policies, industry-specific risk management or assessment advice, information, loss statistics, training materials and podcasts.. While the utmost care has been taken in the preparation of the website, it should not be used or relied upon as a substitute for detailed advice or as the basis for a business, financial or insurance decision. Any descriptions of insurance products, coverage and services available through insurance policies are not part of an insurance contract or policy, and do not amend, revise or alter the terms of any policy issued through, or services provided by, the relevant insurer or underwriting agency. Podcasts are made available through the website solely for training purposes.
The views expressed by contributors and advertisers are not necessarily those of the LMI Group, and the user accepts that LMI Group cannot be held responsible for any loss occasioned to any person acting or refraining from action as a result of the material included in this website or reproduced from it.
Scope of Use
You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this website, or the design or layout of the website or individual sections of it, in any form or media. The systematic retrieval of data from the website is also prohibited.
Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Internet privacy statement at Section 4 in these Legal Terms. You agree not to submit or transmit any emails or materials through the website that:
(i) are defamatory, threatening, obscene or harassing;
(ii) contain a virus, worm, Trojan horse or any other harmful component;
(iii) incorporate copyrighted or other proprietary material of any third party without that party's permission; or
(iv) otherwise violate any applicable laws.
LMI Group and its member companies shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Legal Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the website without the prior written consent of LMI Group and its member companies is strictly prohibited.
Copyrights & Trademarks
The website is protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions and other laws. Unless otherwise indicated, the Content, including, but not limited to, graphic images, buttons, layout, trademarks, service marks, logos, (other than those of insurers, underwriting agencies) text, and other materials contained in this website are the exclusive property of LMI Group and its member companies or its third party licensors; Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this website without the prior written permission of LMI Group and its member companies. You may not use a part of this Web Site on any other website, without LMI Group and its member companies's prior written consent.
A number of our online services include 'bulletin board-type' facilities enabling some subscribers to post messages or other materials that will be accessible only to other registered subscribers of their choice. As we may provide these services, LMI Group and its member companies takes special precautions to respect the intellectual property of others, and we ask that our subscribers do the same. If you believe that the website displays copyrighted material that infringes on your legal rights, and you want us to remove or disable the infringing materials, please provide LMI Group and its member companies's copyright agent with the information listed below.
Our designated agent for notice of claims of copyright infringement on the website is accessible via email to: vic@LMIGroup.com. The following information must be submitted so that we may properly address any notice of complaint:
- Identification of the copyrighted work claimed to be infringed.
- Identification of the material claimed to be infringing together with "information reasonably sufficient to permit the service provider to locate the material." Specifically, a complete URL (or URLs in the case of multiple works) must be provided.
- Your address, telephone number, and email address.
- A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorised by "the copyright owner, its agent, or the law".
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; plus a physical or electronic signature of the complaining party.
- Any notification that fails to comply with the provisions above may not, at our sole discretion, be considered sufficient notice and may not be deemed to confer upon LMI Group actual knowledge of facts or circumstances from which infringing material or acts are evident.
Our Use of Personal & Non-Personal Information
We collect two kinds of information about our website users: personal and non-personal information.
Personal information is information that can identify an individual personally, such as name, address or policy information. We collect personal information only when it is voluntarily offered and solely for purposes that are clearly identified on the website. For example, if you choose to make contact with the websites of www.LMIGroup.com, www.ContinuityCoach.com or www.BIcalculator.com, the information that is collected online is used only to facilitate your requests, process any transactions you might initiate, or update your account information.
We may personalise your user experience by using information about your interests to recommend other services or sites that might be of interest to you. We may also monitor user traffic patterns and site usage to help provide enhancements to its services. We may use the information it collects to notify you about new services or special offers. Further, by providing information or materials to this website, you grant to LMI Group an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request, except as may otherwise be restricted by these Legal Terms.
Without limiting the generality of the previous paragraph, we reserve the right, in connection with (i) a request or investigation by any governmental body or governmental agency, or (ii) our efforts to investigate, prevent or take other action regarding illegal activities, suspected fraud, potential threats to public safety, material violations of these Legal Terms, and pursuant to law, to reveal any information collected through this website regarding users of our services.
Links to other sites
You may not link to this website without LMI Group and its member companies’ written permission. If you are interested in linking to this website, please contact vic@LMIGroup.com.
Governing Law, Location & Miscellaneous
These Legal Terms shall be governed in all respects by the laws of the State of Victoria, Australia, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Legal Terms, the Legal Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
The website is operated by LMI Group and its member companies, from its offices in Camberwell, Victoria, Australia.
The website, and any content, are provided to you on an 'as is', 'as available' basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which policy coach expressly disclaims. LMI Group and its member companies do not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the content, and will not be liable or otherwise responsible for any failure or delay in updating the web site or any content. We have no duty to update the content of the web site. The LMI Group and its member companies make no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the web site and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by LMI Group on this website.
If any part of this warranty is not permitted by law in your jurisdiction, only that portion shall be ignored but all other terms and conditions of these terms and conditions shall apply.
Member Companies of the LMI Group
Separate Agreements & Termination
You may have other agreements with LMI Group and its member companies. Those agreements are separate and in addition to these Legal Terms. These Legal Terms do not modify, revise or amend the terms of any other agreements you may have with LMI Group and its member companies.
LMI Group and its member companies may terminate the right of any user to access the website at any time, with or without cause, at LMI Group and its member companies’ absolute discretion and without notice. Any statement in the Legal Terms or elsewhere on the website of specific grounds for termination of a user’s right to access the website shall in no manner limit LMI Group and its member companies’ absolute right to terminate any user’s access to the website.
No Professional Advice, Limitation of Liability & Arbitration
The information available on the website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not offered as legal, accounting or other professional advice. This website is not intended for use by minors.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
Limitation of Liability
Your use of the content is at your own risk. LMI Group and its member companies specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the content (even if LMI Group and its member companies has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the web site or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorised access to the web site or the content. This limitation of liability may be different in connection with specific products and services offered by LMI Group and its member companies. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any LMI Group and its member companies’ confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Legal Terms or this website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the Institute of Australian Arbitrators & Mediators. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Melbourne, Australia.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.