Website Terms of Use
Effective Date – October 30, 2024
This website is owned and operated by Willis Australia Limited (ABN 90 000 321 237; AFSL 240600) trading as Zest Insurance (
WTW, we, us
or
our
).
In accessing or using this website (including any Live Chat referred to below), you agree to be bound by these terms and conditions (
Terms of Use
) and represent and warrant that you have read and accepted the Terms of Use. We may change these Terms of Use at any time without notice to you and any such amendment will be effective immediately. Your use of this website after any amendment to the Terms of Use constitutes agreement by you to comply with and be bound by the amended Terms of Use. You should read these Terms of Use from time to time to consider if any changes have been made, having regard to the Effective Date listed at the top of this page.
General Advice Warning
The information on this website is general in nature and should not be relied on as advice (personal, taxation or otherwise) because we have not considered your personal objectives, financial situation or needs. Before acting on any advice or deciding if a particular product is right for you, you should consider your own objectives, financial situation or needs as well as any Product Disclosure Statement (
PDS
), Target Market Determination (
TMD
) and full policy terms and conditions available from us on request. All representations on this website in relation to the insurance products arranged by WTW are subject to full policy terms and conditions.
Insurance Brokers Code of Practice
The
is a voluntary code created by the National Insurance Brokers Association (NIBA), the peak representative body for the intermediated insurance industry in Australia.
WTW is a member of NIBA and subscribes to the Code. The Code sets out the minimum service standards you can expect when you use an insurance broker and outlines what you need to do in the unlikely event you have a complaint to make.
Disclosure Obligations
You must comply with your legal duty of disclosure as set out in the Insurance Contracts Act 1984 (Cth) (ICA). The duty of disclosure requires you to disclose anything that you know, or could reasonably be expected to know, that may affect the insurer’s decision whether to insure you and, if so, on what terms. You do not need to tell the insurers anything that reduces the risk insured, or is common knowledge, or the insurer knows or should know as an insurer, or the insurer waives your duty to tell them about. In the case of consumer contracts (as defined by the ICA) you have a duty to take reasonable care not to make a misrepresentation.
The applicable duty of disclosure applies up until the insurer agrees to insure you and equally at renewal or when extending, varying or reinstating a contract of insurance. Failure to make appropriate disclosure or a failure to take reasonable care not to make a misrepresentation, may allow insurers to cancel the contract of insurance or reduce the amount payable if you make a claim, or both. If the failure was fraudulent, the insurer may refuse to pay a claim or treat the insurance contract as if it never existed.
We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. If you have any doubts about the duty of disclosure or your obligations to disclosure accurate information, you should contact us on
.
Privacy
The WTW Privacy Policy for Clients Insureds and Claimants (
WTW Privacy Policy
) describes how WTW handles Personal Information (as that term is defined in the Privacy Act 1988 (Cth) (
Privacy Act
) about you which WTW collects in connection with the services we provide you. It also explains certain legal rights you have in connection with your Personal Information which is handled by WTW. This Privacy Policy may be revised from time to time to reflect changes in law or changes in WTW’s business operation.
You agree that by accessing or using this website, your use of this website and any services provided by WTW to you, including any application for or purchase of insurance is subject to the WTW Privacy Policy.
If you choose not to provide us with your Personal Information, this may affect our ability to offer you a product or service.
Buying Insurance Online
Only Australian residents are eligible to buy insurance online through us for Australian-based risks. You must also be at least 18 years old and/or possess the legal authority to form a legally binding contract under applicable law.
How can I apply for insurance
You can apply for an insurance quote online by completing an application and submitting the requested information on our quote pages (
Quote Application
). If we have the required information, we may issue you with a quote on behalf of one or more insurers.
All applications for insurance made on this website are subject to the insurers’ approval criteria and normal underwriting terms and conditions apply.
If you decide you would like to purchase an insurance policy online after we issue you with a quote, and that option is made available to you, you must provide us with any further information and confirmations requested before submitting a request to purchase the insurance policy (
Request to Purchase
). You must provide an email address to us in order to Request to Purchase.
We will let you know if your Request to Purchase has been accepted by the insurer by providing you with a confirmation email, including a transaction reference number (
Confirmation Email
). Your Request to Purchase has not been accepted if you do not receive a Confirmation Email. If your Request to Purchase has not been accepted, you can contact us on
or alternatively, we may contact you on the details you provided in the Quote Application.
We will assume that any electronic instruction is authentic and have no obligation to authenticate the person issuing or transmitting the electronic instructions or to verify the accuracy or completeness of the electronic instructions. We may act on the electronic instructions set or received through this website without any reference to you.
All Quote Applications made on this website are subject to the following disclosure obligations, the insurers’ approval process and full policy terms and conditions.
Electronic Transactions
When entering into a transaction via this website, whether for the purchase of an insurance policy, a renewal payment, or any other product or service, the transaction will not be completed until an “Electronic Instruction” (any Confirmation Email, electronic instruction, information, message, request, or communication issued or transmitted to us via the this website) containing your acceptance of our offer to arrange insurance or your payment confirmation (as applicable) has been received and processed by us, and any specific steps or requirements set out in these Terms of Use have been complied with.
You acknowledge that the transmission of your acceptance or payment confirmation via an Electronic Instruction may not be received by us due to reasons beyond either party’s reasonable control, including, but not limited to, mechanical, software, computer, telecommunications, or electronic failures, or omissions or failures of third-party service providers or systems. You further acknowledge that, to the extent permitted by law, we are not liable to you for any loss or damage arising directly or indirectly in connection with the transmission of an Electronic Instruction through this, or any failure to receive an Electronic Instruction for any reason.
How can I pay for an insurance policy purchased online?
You can pay via Visa, Mastercard, American Express, JCB, EFTPOS
Automatic renewal of your insurance policy
30 days prior to your policy’s expiration, you will receive emails and prompts in your MyAccount page to confirm details.
If details are confirmed, you will receive new pricing (if applicable) and policy information. Renewal will be automatic if there are payment details on the site.
If payment is not made then your policy will be cancelled within 30 days of your renewal date passing.
If for whatever reason, we are not able to renew your policy you will be notified and your coverage will cease at the end of your term.
Important Notices
WTW draws your attention to certain important notices that may relate to your policies of insurance.
Average/Co-insurance Clauses (Underinsurance)
Many policies that cover loss of or damage to property contain what is called an "average” or “co-insurance clause" which may reduce the amount of a claim payable under the policy. An “average” or “co-insurance” clause provides that where the value declared by the insured or the sum insured under the policy is less than the full value of the interest insured, the insurer is only liable to pay a proportion of the loss or damage.
If your policy contains an “average” or “co-insurance” clause, please read it carefully to see how it affects the amount of cover under the policy. If property is under-insured, a claim may be reduced in proportion to the amount of under-insurance.
It is important that you insure for the full value of your property if you do not want an "average” or “co-insurance clause" to apply. We recommend that you supply us with a copy of your most recent insurance valuation(s) in respect of Buildings, Contents, Plant and Machinery and have these valuations updated so they remain current.
Interests of third parties
Many policies do not cover the interests of third parties (e.g. co-owners, lessors and mortgagees) whose interest is not noted on the policy. If you require the interest of any third party to be covered, please let us know, so that we can ask the insurer to note that party’s interest on the policy.
Recovery rights/hold harmless/waiver of subrogation
Many policies exclude or limit the insurer's liability if you have entered, or enter into an agreement that excludes or limits your rights of recovery against third parties whose acts, errors, omissions or other conduct have caused or contributed to your loss or liability. These are often called "hold harmless" agreements.
If you have entered into, or are considering entering into such an agreement, please let us know, so that we can advise whether such an exclusion exists in your policy(s), or we can ask for clarification from the insurer(s). WTW is unable to provide you with legal advice and you may wish to obtain your own independent legal advice on your contractual obligations.
Claims Made policies
Some kinds of liability policies (such as Professional Indemnity, Directors’ and Officers’ Liability, Trustees Liability and Commercial Builders Structural Defects) are issued on a "claims made" basis. This means that (subject to the other terms of the policy) the policy only covers claims first made against you and notified to the insurer during the period of insurance.
Under the Insurance Contracts Act, if your policy is a "claims made" policy, and if you give notice in writing to the insurer of facts that might give rise to a claim against you as soon as is reasonably practicable after you become aware of those facts but before the period of insurance expires, the policy will cover (subject to the other terms of the policy) any subsequent claim against you that arises from those facts, even if that claim is not made until after the period of insurance has expired.
In order to ensure that any entitlement to indemnity under the policy is protected, you must therefore report all incidents that may give rise to a claim against you to your insurers without delay after such incidents first come to your attention and prior to the expiration of the period of insurance.
If your policy is a "claims made" policy, and if it has a "retroactive date", it will not cover any claim that arises from any act, error, omission or conduct that occurred before that retroactive date.
Making claims
It is important that you notify us of any claim or potential claim or circumstance that may give rise to a claim under your various policies. It is your responsibility to notify these circumstances to us. Failure to adhere to the notification requirements particularly timing, as set out in the policy or other coverage document, may entitle insurer(s) to deny your claim. In presenting a claim, it is your responsibility to disclose all facts which are material to the claim. We recommend you follow the general procedures outlined below in the event of a claim:
Cooling off period rights
For certain policies covering personal or domestic property (e.g. motor, home buildings and contents, travel, sickness and accident and consumer credit insurance), you may have a right under the Corporations Act 2001 (Cth) to return your policy during any applicable cooling off period. The policy will usually set out the right but some may not. You can ask us if it applies.
The period can be no less than 14 days from entry into the policy but it may be longer at the insurer's option. The right does not apply if you have exercised a right under the policy (e.g. made a claim).
The amount of premium refunded will vary for each insurer. They are permitted (unless the policy states otherwise) to deduct:
Even if your policy does not contain a cooling off period, you still may have cancellation rights under your policy. If you want to cancel your policy, please contact us so we can assist.
The premium
Payment of premium is required on receipt of invoice(s). This is an important part of the transaction and often there are strict payment requirements imposed by insurers. It is important to note, WTW will not be responsible for any consequences that may arise from any delay or failure by you to pay us the amount payable on receipt of invoice(s).
We try to tell you the correct amount of premium and statutory charges that apply to your insurance. In the event that we misstate that amount (either because we have made an unintentional error or because a third party has misstated the amount), we reserve the right to correct the amount. By instructing us to arrange insurance for you, you agree, where permitted by law, that you shall not hold us responsible for any loss that you may suffer as a result of any such misstatement.
About using this website
Restrictions
You agree that when using this website, you will not:
Live Chat
Our live chat facility (Live Chat) is operated and maintained by inGenious AI Pty Ltd. Live Chat enables our advisors to provide general information about our products and to provide help and assistance in navigating our website.
We will not provide you with personal advice or make any recommendations to you using Live Chat. Please do not provide any Personal Information, Sensitive Information (as that term is defined in the Privacy Act) or confidential information over Live Chat. If we require this information to assist you, we will contact you by other means.
If you provide any Personal Information or Sensitive Information, we will collect, use, store and disclose this in accordance with the WTW Privacy Policy and these Terms of Use. We may disclose to inGenious AI Pty Ltd any information you provide over Live Chat.
We will retain records (transcripts) of conversations held via Live Chat. If you require a copy of the transcript of your chat, please request this via Live Chat at the end of your chat session or contact us by email or phone to request a copy.
Disclaimers
We do not warrant the accuracy, adequacy or completeness of any information contained in this website however we will use our reasonable endeavors to ensure the information on this website is up to date. Please contact us on
if you do find an error on this website.
Whilst we do take reasonable steps to provide a safe and reliable service, there are some risks in using the internet. We do not guarantee that this website will be free from viruses and do not accept responsibility for any harmful computer code that may be introduced onto your system by using this website. We do not guarantee that access to this website (including Live Chat) will be uninterrupted and accept no responsibility for any interruption.
We may terminate your access to this website at any time, without notice and you may not be authorised to access the website after such time, however the limitation of liability and indemnity provisions of these Terms of Use survive termination and will continue to apply. Any licenses or other rights you provided to us will also survive termination.
The insurers, products and services that may be referred to on this website are not representative of all insurers, products and services available in the market. The website may include information about past performance of insurers, which may not be indicative of future performance. Insurers referred to on this website will have commercial relationships with WTW and WTW will receive a commission that is a percentage of the premium if you purchase an insurance product on this website.
This website may be linked to other websites and if so, such links are provided for your convenience only. You should not construe any link to an external site as an endorsement. WTW makes no representation about the accuracy of any information contained on other websites and are not responsible for any loss, damage, cost or expense you incur in access or attempting to access other websites. You must obtain our prior written permission to link to this website.
If WTW are required to provide you with any other disclosures required by law that are not contained within these Terms of Use, they will be provided separately, which may include on the website or if you make a purchase, in your insurance documentation.
Intellectual Property
WTW owns the copyright in the information and material on this website or has the right to use it under a license or agreement. We also own certain registered trademarks which may appear on this website. Except as permitted by the Copyright Act 1968 (Cth) or other applicable law, you are prohibited from using, copying or reproducing all or part of this website however you may print or download a copy for your personal, non-commercial use.
NSW Stamp Duty Exemption
From 1 January 2018, the NSW Government amended the Duties Act 1997 (NSW) (the
NSW Duties Act
) to provide a stamp duty exemption for eligible small businesses on certain insurance products (the
Exemption
).
As at the Effective Date listed at the top of this page, the Exemption will apply to the following insurance products:
If an insurance policy covers multiple types of insurance, the insurer will be required to apportion the policy’s premium among the different types of insurance and duty will not be calculated on the premiums related to the exempt types of insurance.
The entity and all affiliates and connected entities must meet following requirements in order to classify as an eligible small businesses:
If you are unsure if the definition of small business applies to you for the purposes of determining your eligibility for the Exemption, please refer to the
or obtain qualified tax advice. WTW cannot provide you with tax advice, such as whether you are eligible for the Exemption. It is your responsibility to determine if you are eligible for the Exemption.
If you believe you are eligible for the Exemption, it is your responsibility as the insured to provide an acceptable form of small business declaration to your insurer or broker on behalf of the insurer by following the instructions provided to you from time to time. The insurer will rely on this declaration in applying the Exemption. If you claim the Exemption and are not entitled to it, you may be required by the insurer to pay an amount equal to the duty, together with any interest or tax payable. The insurer may recover this amount as a debt if it is not paid and you may be liable for penalties under relevant laws. Neither WTW nor your insurer is responsible or liable for incorrect or dishonest declarations.
A new declaration is required for each renewal period in order to satisfy legislative requirements.
Electronic communication and use of information
You acknowledge that in providing us your email address, you consent to receiving documentation relating to the insurance products purchased on this website (for example, your tax invoice, policy schedule and policy wording) electronically. We also assume that you have consented to any renewal and other insurance documentation being sent to this email address unless you tell us otherwise by contacting us on
.
WTW and its Related Bodies Corporate may use information provided by you and/or collected through this website, which may be in combination with other data, for the purpose of market research, developing products and services and data analytics purposes. Collection and use of any Personal Information will be in accordance with the WTW Privacy Policy.
Complaints
Should you have any complaint about our services please raise the matter in the first instance with your insurance broker or professional advisor.
Alternatively, you may contact our Complaints Officer:
We will acknowledge your complaint within one business day of receipt and advise you who the contact for handling your complaint is. We aim to resolve complaints within 30 days of receipt but if your complaint is complex and may take more than 30 days to resolve, we will keep you informed on the progress and when we expect to provide our final response. Should you not be happy with the response to your complaint you have the right to take your complaint to the Australian Financial Complaints Authority.
Jurisdiction
The information on this website is provided to Australian residents only. The law of NSW applies to the use of this website and any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the New South Wales courts.
Severability
If any part of these Terms of Use it is or becomes invalid, unlawful or unenforceable, it will be read down or interpreted and enforced to the extent permissible or if this is not possible, it will be severed and the remainder of these Terms of Use will remain unaffected.
System requirements
We recommend using up to date browser versions to get the best of this website.
WTW contact details
If you encounter any technical issues when using this website or have any suggestions on how we can improve our services, please contact us on
.
