General Liability
Policy.

These Definitions are applicable to this Policy wherever the words appear in italics and starting with a capital letter. These Definitions are subject to the terms, conditions, limits and exclusions of the Policy.

Advertising Liability means:

1. alibel, slander or defamation
2. binfringement of copyright or of title or slogan
3. cpiracy or unfair competition or idea misappropriation under an implied contract
4. dinvasion of privacy committed or alleged to have been committed during the Period of Insurance in any advertisement, publicity article, broadcast or telecast and arising out of the Insured's advertising activities or any advertising activities conducted on behalf of the Insured in the course of advertising the Products, goods or services.

Aircraft means any vessel, hovercraft, craft or thing designed to transport persons or property in or through the air or space.

Business means the business stated in the Schedule and shall include the activities of any canteen, social, sports, welfare, and/or child care organisation or first aid, medical, fire or ambulance services.

Excess means the first amount payable by the Insured in respect to each Occurrence and includes all Supplementary Payments.

Insured means each of the following to the extent set forth below:

1. athe Named Insured stated in the Schedule;
2. ball subsidiary companies (now or hereafter constituted) of the Named Insured whose place of incorporation is within Australia and whose business falls within the definition of the Named Insured's Business;
3. cany Director, Executive Officer, Employee or Partner of the Named Insured or of any company designated in paragraph b above but only while acting within the scope of their duties in such capacity;
4. dany principal in respect of the liability of such principal arising out of the performance by the Named Insured or by any company designated in paragraph b above of any contract or agreement for the performance of work for such principal, to the extent required by such contract or agreement;
5. eany incorporated or unincorporated association or organisation including their office bearers and members organised by the Insured (other than an Insured designated in definition 1 d) or their employees with the consent of the Insured for the purpose of providing canteen, social, sports, welfare and or child care organisations or first aid, medical, fire or ambulance services for such employees.

Insured's Products means anything, including any packaging or container thereof (after it has ceased to be in the possession or control of the Insured) manufactured, grown, extracted, produced, processed, assembled, constructed, erected, installed, repaired, serviced, treated, sold, supplied, resupplied or distributed by the Insured including all previously supplied products.

Period of Insurance means the duration of this Policy as stated in the Schedule incorporated into the Policy.

Personal Injury means:

1. abodily injury, death, sickness, disease, disability, shock, fright, mental anguish or mental injury;
2. bfalse arrest, false imprisonment and malicious prosecution;
3. clibel, slander, defamation of character (other than Advertising Liability);
4. dwrongful entry or wrongful eviction or other invasion of the right of private occupancy;
5. eassault and battery not committed by or at the direction of the Insured unless committed for the purpose of preventing or eliminating danger to persons or property; which occurs during the Period of Insurance.

Pollution Liability means Personal Injury or Property Damage arising from pollution or contamination of the atmosphere or of any water, land or other tangible property.

Products Liability means Personal Injury or Property Damage:

1. acaused by any defect, or the harmful nature of any of the Insured's Products;
2. bresulting from any defect or deficiency in any direction or advice given at any time, or intended to be given by the Insured concerning the use or storage of the Insured's Products.

Property Damage means:

1. aphysical injury to or destruction or loss of tangible property which occurs during the Period of Insurance and any loss of use of that property resulting therefrom; or
2. bloss of use of tangible property which has not been physically injured or destroyed or lost which is caused by physical injury to or destruction or loss of other tangible property which occurs during the Period of Insurance.

Public Liability means liability covered by this Policy but does not include Products Liability, Advertising Liability or Pollution Liability.

Occurrence means an event including continuous or repeated exposure to substantially the same general conditions, which causes Personal Injury, Property Damage or Advertising Liability which is not expected or intended from the standpoint of the Insured.

Medical Persons means medical doctors, medical nurses, dentists and first aid attendants.

Schedule means New Policy Schedule, Renewal Schedule or Endorsement Schedule issued by the Insurers.

This Policy applies in respect of Occurrences anywhere in the world but does not apply to or insure any liability or claims arising from or in respect of: 1. the Business carried on by the Insured at or from any premises situated outside Australia; or 2. any contract entered into by the Insured under the terms of which work is to be performed outside Australia, unless specifically noted in the Schedule.

Terrorism means an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

Tool of Trade means any vehicle which has a tool or plant forming part of or attached to or used in connection with it while such tool or plant is engaged on or about or in close proximity, but does not include vehicles whilst used for transport or haulage, excluding whilst at the worksite or about or in close proximity to the worksite.

Vehicle means any type of machine on wheels or on caterpillar tracks made or intended to be propelled other than by manual or animal power.

Watercraft means any powered vessel, craft or thing made or intended to float on or in or travel on or through water.

The Insured named in the Schedule having made to the Insurers a written proposal which is deemed to be incorporated herein and having paid the premium stated in the Schedule then subject to the terms, conditions and exclusions contained in or endorsed on this Policy the Insurers will pay to or on behalf of the Insured all sums provided by the Policy which the Insured shall become legally liable to pay as compensation for:

1. Personal Injury; or

2. Property Damage; or

3. Advertising Liability

caused by an Occurrence within the Territorial Limits as stated herein in connection with the Insured's Business.

The limit of the Insurers’ liability in respect of any one Occurrence shall not exceed the Limit of Liability stated in the Schedule for Public Liability or Products Liability or Advertising Liability or Pollution Liability. All Personal Injury and Property Damage arising out of continuous or repeated exposure to substantially the same general conditions will be construed as arising out of one Occurrence. The total aggregate limit of the Insurers during any one Period of Insurance for all claims arising out of Products Liability including Advertising Liability and Pollution Liability shall not exceed the Limit of Liability stated in the Schedule.

The Insurers will pay in addition to the applicable Limit of Liability all expenses incurred defending in the name of and on behalf of the Insured any claim or suit against the Insured to recover compensation in respect of and/or arising out of Occurrences covered hereby. The Insurers will also pay in addition to the Limit of Liability expressed in the Schedule:

1. (a)for immediate medical and/or surgical aid made necessary by any Occurrence covered hereby;
2. (b)all expenses incurred by or with permission of the Insurers for investigation, negotiation and defence of claims and suits;
3. (c)all expenses incidental to the appeal from any judgement against the Insured, and all costs taxed against the Insured, in any suit for damages on account of any judgement in such suits;
4. (d)all expenses incurred by the Insurers or the Insured for representation of the Insured at any coroner’s inquest or court of criminal justice plus all expenses incidental to the appeal from any judgement.

In respect of any claim judgement award payment or settlement pursuant to or made in any country or territory which operates under the laws of the United States of America or Canada or any order made anywhere in the world to enforce such judgement award or settlement either in whole or in part then all costs and expenses incurred in respect of any such claim judgement award payment or settlement including the investigation and defence of such claim shall be part of and not in addition to the Limit of Liability provided by this Policy.

The Insurers shall not be liable to indemnify the Insured in respect of:

1. Employer's Liability

1. aliability for Personal Injury to any person arising out of, or sustained in the course of, the employment of such person in the Insured's service, or through the breach of any duty owed to that person, where the Insured:

1. 1is indemnified or entitled to be indemnified (either in whole or in part) in respect for claims for damages under a policy of insurance (which expression includes arrangements made by the Insured to provide accident insurance for the Insured's workers under a licence to self insure) arranged (whether required by law or not) in accordance with any workers’ compensation legislation or accident compensation legislation; or
2. 2would have been indemnified or entitled to be indemnified had the Insured arranged a policy of insurance as required by such legislation;

1. bliability for Personal Injury to any person arising out of, or sustained in the course of, the employment of such person in the Insured's service;
2. cliability for mental anguish suffered by any person arising out of, or in the course of, that persons employment by or service to the Insured;
3. dliability for Personal Injury arising out of the harassment, libel, slander, defamation or humiliation of, or discrimination against, any person while in the Insured's service or while employed by the Insured;
4. eliability of a type in respect of which indemnity previously would have been provided under a policy of insurance arranged in accordance with any workers’ compensation legislation or accident compensation legislation, but in respect of which indemnity has been withdrawn or reduced as a consequence of a change to the scope, terms, provisions, or requirements of such legislation made after the commencement of the current Period of Insurance; and
5. fany other liability imposed by the provisions of any workers compensation legislation or accident compensation legislation or industrial award, agreement or determination.

2. Motor Vehicles

liability to pay compensation for Personal Injury or Property Damage arising out of the ownership, possession, operation, use or legal control by the Insured of any Vehicle:

1. awhich is registered; or
2. bin respect of which insurance is required by virtue of any legislation relating to motor vehicles; or
3. cwhich is otherwise insured in respect of the same liability; Provided that this Exclusion does not apply to Vehicles whilst being operated or used by the Insured as
4. aTool of Trade solely on a contract site.

3. Aircraft and Watercraft

liability to pay compensation for Personal Injury or Property Damage arising from the ownership, maintenance, possession, operation, use or legal control by the Insured of:

1. aany Aircraft; or
2. bany Watercraft or vessel exceeding eight (8) metres in length.

4. Property in Physical or Legal Control

liability to pay compensation for Property Damage to:

1. aproperty owned by the Insured;
2. bproperty leased, rented or in the physical or legal control of the Insured. This exclusion shall not apply to liability for Property Damage to premises which are leased or rented by the Insured for the purpose of the Insured's Business.

5. Faulty Workmanship

any liability for the cost of re-performing, completing, correcting or improving any work done or undertaken by the Insured.

6. Damage to Insured's Products

liability to pay compensation for:

1. aphysical injury to or destruction or loss of the Insured's Products or any part of those Products arising out of them or any part of them;
2. bloss of use of any tangible property caused by physical injury to or destruction or loss of the Insured's Products or any part of those Products arising out of them or any part of them.

7. Product Recall and Repair

liability to pay compensation for damages claimed for the withdrawal, inspection, repair, replacement or loss of use of the Insured's Products.

8. Aircraft Products

any liability arising out of the selling, leasing, hiring or manufacture and/or supply of parts and/or products that are used with the Insured's knowledge in Aircraft or any aerial device.

9. Contractual Liability

liability to pay compensation for Personal Injury, Property Damage or Advertising Liability where the liability has been assumed solely under an agreement unless such liability:

1. awould have attached in the absence of such agreement; or
2. bis usual to the Insured’s occupation or trade; or
3. cis assumed by the Insured under a warranty of fitness or quality, or is implied by law, in respect of the Insured's Products.

10. Professional Liability

liability to pay compensation for the rendering of or failure to render professional advice or service by the Insured or error or omission connected therewith, but this Exclusion does not apply to the rendering or failure to render professional medical advice by medical persons employed by the Insured to provide first aid and other medical services on the Insured's premises.

11. Libel and Slander

any liability to pay compensation arising out of the publication or utterance of a libel or slander:

1. amade prior to the Policy commencing on the date stated in the Schedule; or
2. bmade at the direction of the Insured with the knowledge of the falsity thereof.

12. Fines and Punitive Damages

any liability for fines, penalties, liquidated damages and punitive aggravated or exemplary or multiple damages.

13. Pollution

1. aliability to pay compensation for Personal Injury or Property Damage caused by or arising directly or indirectly out of the actual, alleged or threatened discharge, dispersal, release or escape of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon any property, land, the atmosphere or any watercourse or body of water (including groundwater) but this exclusion does not apply if the actual discharge, dispersal, release or escape:

1. 1is neither reasonably expected nor intended by the Insured; and
2. 2is the consequence of a sudden and instantaneous cause which takes place at a clearly identifiable point in time during the Period of Insurance;

1. bliability for any costs or expenses incurred in the preventing, removing, nullifying, or cleaning up any discharge, dispersal, release or escape as described in a above, unless such costs or expenses are consequent upon an unexpected, unintended sudden and instantaneous cause which takes place at a clearly identifiable point in time during the Period of Insurance and results in Personal Injury or Property Damage neither of which is otherwise excluded by this Policy; Provided that the total aggregate liability of the Insurers during any one Period of Insurance in respect of all claims arising out of such Personal Injury or Property Damage or such costs or expenses shall not exceed the Limit of Liability stated in the Schedule.

Notwithstanding the forgoing, however, in respect of any claim, judgement, award, payment or settlement made in any country or territory which operates under the laws of the United States of America or Canada or any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part then this Policy does not cover any legal liability for:

1. aPersonal Injury or Property Damage or loss of use of property directly or indirectly caused by seepage pollution or contamination;
2. bthe cost of removing nullifying or cleaning up seeping polluting or contaminating substances;
3. cfines or penalties in connection therewith.

14. Asbestos

liability to pay compensation for Personal Injury or Property Damage caused by or arising directly or indirectly out of or in connection with any mining, handling, processing, manufacture, sale, transportation, distribution, storage or use of asbestos, asbestos products or asbestos contained in any products or any installation, removal or treatment of asbestos material.

15. Nuclear

liability to pay compensation for Personal Injury or Property Damage of whatsoever nature directly or indirectly caused or contributed to by or arising from ionising radiation, or contamination by radioactivity from nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exclusion combustion shall include any self-sustaining process of nuclear fission.

16. War

liability to pay compensation for Personal Injury or Property Damage directly or indirectly caused by or in consequence of war, invasion, act of foreign enemy, sabotage or warlike operations, hostilities (with or without the declaration of war), civil war, rebellion, insurrection, military or usurped power.

17. Advertising Liability

liability to pay compensation for Advertising Liability arising from:

1. aoffences committed prior to the inception date of this Policy;
2. boffences made at the direction of the Insured with knowledge of the illegality or falsity thereof;
3. cbreach of contract, other than misappropriation of advertising ideas under an implied contract;
4. dincorrect description of the price of the Products, goods or services;
5. einfringement of trade mark, service mark or trade name by use thereof as the trade mark, service mark or trade name of the Products, goods or services sold, offered for sale or advertised, but this exception does not apply to titles or slogans;
6. ffailure of the Products, goods or services to conform with advertised performance, quality, fitness or durability;
7. gany Insured whose business is advertising, broadcasting, publishing or telecasting.

18. Cyber Liability

liability arising out of business conducted or transacted via the internet intranet extranet or via the Insured's own website intranet site web address or via transmission of electronic mail or documents by electronic means where the liability of the Insured would have attached in the absence of the fact that the Insured’s Business is conducted in the aforesaid manner it is understood and agreed that this Exclusion does not apply and that the onus of proof rests with the Insured and not the Insurers in this regard.

19. Terrorism

liability for loss, injury, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. This exclusion also excludes any liability for loss, injury, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of Terrorism. If the Insurers allege that by reason of this exclusion any liability for loss, injury, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured.

20. Date Change Exclusion

liability or damages for any loss, destruction or damage, any consequential loss, any liability or any legal or defence costs or expenses of whatsoever nature directly or indirectly caused by or contributed to by or arising from or in anyway connected with the failure or inability of any computer or computer equipment (whether owned or operated by the Insured or not) correctly to:

1. arecognise and/or respond to a date or time as its true correct or intended calendar date or time and/or
2. bcapture save or retain and/or manipulate interpret instruct or process any data and/or information and/or command or instruction as a result of treating any date otherwise than its true or correct calendar date and/or
3. ccapture save retain or process any data as a result of the operation of any command which has been programmed into any computer software being a command which causes the loss of or distortion of data or inability to save retain or correctly to process such data on or after any date For the purposes of this Exclusion:
4. athe word failure shall include any unintended consequences of processing any date or time
5. bthe word computer shall include i. any computer data processing or storing equipment ii. any electronic or mechanical equipment linked to a computer or similar device iii. any computer software source code or programme language iv. any central processing unit integrated circuit microcontroller or microchip v. anything which relies on anything in (i) – (iv) above for any part of its operation.

21. Pathogenic Organism Exclusion

liability for loss of destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from any pathogenic organism, which shall include but not be limited to mould or fungi or its spores bacteria yeasts mildew algae mycotoxins or any other metabolic products enzymes or protein secreted by the above whether toxic or otherwise.

22. North American Companies

liability arising from or in connection with any company domiciled or registered in the United States of America or Canada or their territories or possessions.

23. Tobacco

liability for Personal Injury sustained due to the inhalation or ingestion of or exposure to tobacco or tobacco smoke or any ingredient or additive present in any articles, items or goods which contain or include tobacco.

23. The Excess

the amount of the Excess stated in the Schedule. The Excess applies inclusive of the Supplementary Payments.

1. Claims Control

It is a condition precedent to liability under this Policy that notice in writing shall be given as soon as possible to the Insurers of every Occurrence, claim, writ, summons, impending proceedings, impending prosecution and/or inquest in respect of which there may arise a liability under this Policy. The Insured shall not without the Insurers’ consent in writing make any admission, offer, promise or payment in connection with any Occurrence or claim and if the Insurers so desire they shall be entitled to take over and conduct in the Insured's name the defence or settlement of any claim and the Insurers may make such investigation, negotiation and settlement of any claim or suit as they deem expedient. The Insured shall use the best endeavours to preserve any property, products, appliances, plant or other things which might prove necessary or useful by way of evidence in connection with any claim and so far as may be reasonably practicable no alteration or repair shall be effected without the Insurers’ consent until the Insurers shall have had the opportunity of inspection. The Insurers shall be entitled to prosecute in the Insured's name at the Insurers’ own expense and for the Insurers’ own benefit any claim for indemnity for damages or otherwise. The Insurers shall have full discretion in the conduct of any proceedings in connection with any claim and the Insured shall give all information and assistance as the Insurers may require in the prosecution, defence or settlement of any claim. In the event of an Occurrence, the Insured shall promptly take at the Insured's expense all reasonable steps to prevent other Personal Injury or Property Damage arising out of the same or similar conditions, but such expense shall not be recoverable under this Policy. The Insurers shall be entitled to attend any inquest in respect of which there may arise liability under this Policy.

2. Discharge of Liabilities

The Insurers may at any time pay to the Insured in respect of all claims against the Insured arising directly or indirectly from the one source or original cause the amount of the liability or such other amount specified in respect thereof (after deduction of any sum or sums already paid by the Insurers which sum or sums would reduce the amount of the Insurers’ unfulfilled liability in respect thereof) or any lesser sum for which the claim or claims can be settled and upon such payment the Insurers shall relinquish conduct or control of and be under no further liability under the Policy in connection with such claim or claims except for costs charges or expenses in respect of the period prior to the date of such payment (whether or not pursuant to an order made subsequently) or incurred by the Insurers or by the Insured with the Insurers’ written consent prior to the date of such payments.

3. Reasonable Care

The Insured shall:

1. atake all reasonable precautions to:

1. 1prevent Personal Injury and Property Damage;
2. 2prevent the manufacture, sale or supply of defective products; and
3. 3comply and ensure that the Insured's workers, servant and agents comply with all statutory obligations, by-laws or regulations imposed by any public authority in respect thereof for the safety of persons and property;

1. bat the Insured's own expense take reasonable action to trace, recall or modify any products containing any defect or deficiency which defect or deficiency the Insured has knowledge of or has reason to suspect.

4. Cross Liabilities

Where more than one party comprises the Insured each of the parties shall be considered as a separate and distinct unit and the word Insured shall be considered as applying to each party in the same manner as if a separate policy had been issued to each of the said parties provided that nothing in this clause shall result in the increase of the Insurers’ Limit of Liability in respect of any Occurrence or Period of Insurance.

5. Alteration of Risk

Any alteration in any material fact or otherwise regarding construction methods or procedures or any other information contained in or omitted from any underwriting information supplied to the Insurers shall not prejudice this Policy which shall be held covered subject to immediate notification to the Insurers as soon as the alteration or omission becomes known to the Insured, and then subject to any variation in the terms and conditions which may be agreed between the Insured and the Insurers.

6. Subrogation

In the event of payment under this Policy to or on behalf of the Insured, the Insurers shall be subrogated to all the Insured's rights of recovery against all persons and organisations and the Insured shall execute and deliver instruments and papers and do all that is necessary to assist in the exercise of such rights.

7. Other Insurance

If the Insured makes a claim under this Policy in respect of an Occurrence recoverable under this Policy which Occurrence is or may be covered in whole or in part by any other Insurance, then the Insured must advise the Insurers of the full details of such other Insurance when making a claim under this Policy. Subject to the Insurance Contracts Act, 1984, the Insurers reserve the right to seek contribution from the other insurer(s).

8. Insurance Arranged By Principal

If the Insured enters into an agreement with any other party (who for the purpose of this clause is called the "Principal") pursuant to which the Principal has agreed to provide a policy of insurance which is intended to indemnify the Insured for any loss or liability arising out of the performance of the said agreement then the Insurers will (subject to the terms and conditions of this Policy) only indemnify the Insured for loss or liability not covered by the policy of insurance provided by the Principal.

9. Cancellation

The Named Insured may cancel this Policy by giving thirty (30) days’ notice in writing to the Insurers. After cancellation by the Insured the premium for the period to cancellation shall be adjusted on a pro- rata basis plus ten per cent (10%) of the premium for the unexpired period. The Insurers may cancel this Policy in any of the circumstances set out in the Insurance Contracts Act, 1984. When the premium is subject to adjustment, cancellation will not affect the Insured's obligation to supply such information as the Insurers may require for the adjustment of the premium. Cancellation will not affect the Insured's obligations to pay the amount of adjustment applicable up to the date of cancellation.

10. Inspection and Premium Adjustment

The Insurers shall be permitted but not obligated to inspect the Insured's property and operations at any time. Neither the Insurers’ right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured or others, to determine or warrant that such property or operations are safe. The Insurers may examine and audit the Insured's books and records at any time during the Period of Insurance and extensions thereof and within three (3) years after the final termination of this Policy as far as they relate to the subject matter insured. If the first or renewal premium for the Policy or part thereof shall have been calculated on estimates furnished by the Insured, then the Insured shall keep an accurate record containing all particulars relative thereto and shall at all times allow the Insurers to inspect such records. The Named Insured shall within thirty (30) days after the expiry of each Period of Insurance furnish to the Insurers such particulars and information as the Insurers may require. The premium for such period shall thereupon be adjusted and any difference paid or allowed to the Insured as the case may be subject to receipt and retention of any minimum premium charged by the Insurers.

11. Insurance Contracts Act

Nothing contained in this Policy shall be construed to reduce or waive either the Insured's or the Insurers’ privileges, rights or remedies available under the Insurance Contracts Act, 1984 as amended.

12. Headings

The headings in this Policy are for ease of reference only and shall not be deemed any part of the context or to affect the interpretation of this Policy.

13. Service of Suit

The Insurers hereon agrees that in the event of a dispute arising under this Policy, the Insurers and the Insured hereby submit to the jurisdiction of any competent court in Australia. Such dispute shall be determined in accordance with the law and practice applicable in such court. Any summons, notice or process to be served upon the Insurers may be served upon the solicitors named in the Schedule who have authority to accept service and to enter an appearance on the Insurers’ behalf, and who is directed at the request of the Insured to give a written undertaking to the Insured that they will enter an appearance on the Insurers’ behalf. If a suit is instituted against any one of the Insurers all Insurers hereon will abide by the final decision of such Court or any competent Appellate Court.

14. Goods and Services Tax

Where the Insurers makes a payment under this Policy for the acquisition of goods, services or other supply the Insurers will reduce the amount of the payment by the amount of any input tax credit the Insured is, or will be, or would have been entitled to under a New System (Goods and Services Tax) Act 1999 in relation to that acquisition, whether or not that acquisition is actually made. Where the Insurers make a payment under this Policy as compensation instead of payment for the acquisition of goods, services or other supply the Insurers will reduce the amount of payment by the amount of any input tax credit that the Insured would have been entitled to under a New Tax System (Goods and Services Tax) Act 1999 had the payment been applied to acquire such goods, services or other supply.

If you have any concerns or wish to make a complaint in relation to this Policy, our services or your insurance claim, please let us know and we will attempt to resolve your concerns in accordance with our Internal Dispute Resolution procedure.

1.Internal dispute resolution

Please contact us in the first instance:

We will acknowledge receipt of your complaint and do our utmost to resolve the complaint to your satisfaction within 10 business days.

2.Escalation to Lloyd’s

If we cannot resolve your complaint to your satisfaction, we will escalate your matter to Lloyd’s Australia who will determine whether it will be reviewed by their office or the Lloyd’s UK Complaints team. Lloyd’s contact details are:

A final decision will be provided to you within 30 calendar days of the date on which you first made the complaint, unless certain exceptions apply.

3.External dispute resolution — AFCA

You may refer your complaint to the Australian Financial Complaints Authority (AFCA) if your complaint is not resolved to your satisfaction within 30 calendar days of the date on which you first made the complaint, or at any time. AFCA can be contacted as follows:

Your complaint must be referred to AFCA within 2 years of the final decision, unless AFCA considers special circumstances apply. If your complaint is not eligible for consideration by AFCA, you may be referred to the Financial Ombudsman Service (UK) or you can seek independent legal advice. You can also access any other external dispute resolution or other options that may be available to you.

The underwriters accepting this insurance agree that:

1. (i)if a dispute arises under this insurance, this insurance will be subject to Australian law and practice and the underwriters will submit to the jurisdiction of any competent Court in the Commonwealth of Australia;
2. (ii)service of any originating process upon the Lloyd’s Underwriters may be effected upon:

who has authority to accept service on the underwriters’ behalf;

If a suit is instituted against “Certain Underwriters at Lloyd’s subscribing this policy”, it is binding on all Lloyd’s Underwriters participating on this insurance as if they had each been individually named as a defendant.

We may store your information on a computer and use it for administration risk assessment research and statistical purposes marketing purposes within our group and for crime prevention (see further details below) We will only disclose your personal details to third parties if it is necessary for the performance of your contract with us In order to assess the terms of the insurance contract or administer claims that arise we may need to collect data that the Data Protection Legislation defines as sensitive such as medical history or criminal convictions By proceeding with this contract you will signify your consent to such information being processed by us or our agents We will keep your information secure at all times In certain circumstances for example for systems administration purposes we may have to transfer your information to another country which may be a country outside the European Economic Area EEA By proceeding with your insurance application we will assume you are agreeable for us to transfer your information to a country outside the EEA