Duty of disclosure
Before you enter into an insurance policy, you have a duty to tell us anything that you know or could reasonably be expected to know, may affect our decision to insure you and on what terms.
You have this duty until we agree to insure you.
You have the same duty before we renew, extend, vary or reinstate an insurance policy.
You do not need to tell us anything that:
- reduces the risk We insure you for; or
- is common knowledge; or
- We know or should know as an insurer; or
- We waive your duty to tell us about.
If you do not tell us anything you are required to, we may cancel your contract of insurance or reduce the amount that we will pay you if you make a claim, or both.
If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.
TCA Insurance Services Pty Ltd Website Terms & Conditions
The TCA Insurance Services Pty Ltd Website Terms & Conditions apply to the TravelCard website (including all information, text, graphics and other data) contained under the domain name www.travelcard.com.au
In these Terms & Conditions:
- “we”, “us” or “our” refers to TCA Insurance Services Pty Ltd; and
- “you” or “your” refers to the person accessing our website.
Access and Use of our Website
Our website enables you to make certain transactions online, whether this relates to you purchasing a policy of insurance or making a payment. These transactions will not be complete until we have received and processed your confirmation. Your confirmation means any communication issued or transmitted by you to us via our website or other electronic means, containing your acceptance in relation to our offer, or your confirmation of payment, whichever is applicable. Your confirmation of any payment may not be received by us for reasons inclusive of mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of other providers or systems, which are outside of the control of either party. You acknowledge that we are not liable to you in any way for loss or damage at all and however caused, directly or indirectly arising out of our failure to receive your confirmation where such failure is outside our control.
Information about our Products
We only provide general information on our website about our products and services. If you are considering purchasing one of our products it is important that you carefully read the Product Disclosure Statement (PDS) so that you can consider whether the product is suitable for you.
Information on our Website
We endeavour to ensure the accuracy, adequacy, and completeness of information on our website, however we cannot guarantee this, and all information is subject to change or amendment without notice to you. We cannot guarantee that our website, or websites of those linked to our website, will be free from viruses or will function as intended or uninterrupted.
The law applicable to our website and to disputes arising out of our website is the law of the state of New South Wales, Australia.
Subject to the following paragraph, we and our directors, employees, agents and contractors are not liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in any way connected with use of (or inability to use) this website by you, howsoever caused, whether in contract, tort (including but not limited to negligence), equity, under statute, or otherwise, whether or not such loss or damage was foreseeable. Nothing in these Terms & Conditions excludes, restricts or modifies any right, remedy or guarantee imposed by any legislation that cannot lawfully be excluded, including those provided under the Australian Consumer Law.
Our website may contain links to other websites that are owned and operated by entities that are independent of us. We:
- do not approve, sponsor or endorse these websites or the information, services, text, graphics or data contained on those websites;
- do not accept responsibility for any inaccuracy in information or representations made on those websites; and
- disclaim liability for, and you release us from any liability for, any loss that may be suffered as a result of using those linked websites
Purchasing Travel Insurance
You can purchase our insurance products online and our provision of those insurance products is governed by separate terms and conditions applying to each product requested.
You must follow the application, confirmation and payment processes contained within the website for the insurance to be valid. A decision whether to make an offer of insurance is entirely at our discretion.
You agree that you will not, either directly or via any third party:
- use our website for any other purpose, other than as a legitimate customer. You may not, for example, use our website to obtain information about our insurance policies, including pricing, to assist in developing or offering a competing product;
- take any action which may disrupt access to, cause damage, or interfere with, the proper operation of our website;
- take any action that includes the use of any data scraping or accumulation tool, robot or spider to compile disseminate, extract, process, monitor, or copy any web pages from our website inclusive of any information, data, graphics or content contained within our website, without our prior written consent;
- take any action that places an unusually large load on the infrastructure of, or bandwidth connecting to, our website;
- take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas, connected with our website software; or
- copy, reproduce, alter, modify, or display in public any part or content from our website, without our prior written consent