Terms and conditions for the use of the Acci Aid Website and Application
This website and application (“herein both referred to as Application“) is owned and operated by Acci Aid (ABN 71 621 019 341). In these Terms of Use, “we”, “our” and “us” means Acci Aid.
1. Introduction
1.1 All access to and use of this Application is subject to these terms and conditions (“Terms of Use”). By accessing and using this Application you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to access and use this Application and you should immediately cease accessing and using this Application.
1.2 If you breach any provision of these Terms of Use then your right to access and use this Application will immediately cease.
1.3 This Application is intended for use by Australian residents only, aged 18 years and over. You should note that this Application is frequently updated. Services may be withdrawn at any time, without notice.
1.4 We may amend these Terms of Use at any time and so we recommend that you refer to these Terms of Use each time you use this Application. The amended Terms of Use will be effective from the date they are posted on this Application. Your continued use of this Application will constitute your acceptance of the amended Terms of Use.
1.5 We are not affiliated with any insurance company. We are strictly an accident management company that assists you in obtaining a repairer, rental company and any other services offered on this Application.
2. Privacy Policy
2.1 We take your privacy seriously. Please visit our Privacy Policy to find out how we use the information that you provide to us. Your use of this Application is at all times subject to the provisions of our Privacy Policy.
3. Third party services
3.1 The services provided by use of this Application are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any service before doing so.
3.2 We will provide the information that you submit to us via this Application to the Third Parties who will make contact with you to provide you with the services.
3.3 We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any services you obtain after using this Application or for any acts, omissions, errors or defaults of any third party in connection with that service.
3.4 The services supplied by use of this Application is available only to Australian residents and is subject to availability in the State and Suburb in which you reside.
3.5 By submitting your personal details through this Application, you are able to make an offer to obtain a service from a third party provider. That offer may be accepted or rejected. The contract for the service will only be concluded once your offer has been accepted by the relevant third party provider. If your offer is accepted then the service will be provided to you, subject to the third party provider’s terms and conditions.
4. The Acci Aid service and how we are paid
4.1 The accident management service that we provide by use of this Application includes organising a repairer and rental car company after you are involved in a motor vehicle collision. The services provided (including repairing your damaged vehicle and the hire of a replacement rental vehicle) are all provided by third parties.
4.2 Our service is free for you to use. We receive payment from the third party service providers when you use our service to obtain the services of a third party.
4.3 You will never be liable to pay us for the use of our services.
5. Permitted use
5.1 You are only permitted to use this Application for personal use, subject to your compliance with these Terms of Use.
5.2 You are not permitted to do anything that may affect the security of this Application or any information or material stored within it.
5.3 You agree not to:
(a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;
(b) copy or disclose to any person, any Application content, other than as expressly permitted by these Terms of Use;
(c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Application content;
(d) use any method or process to consolidate or combine any Application content with any other content, data, information, images or material;
(e) reverse engineer, disassemble or otherwise attempt to construct or identify this Application's source code, formulas or processes;
(f) post, distribute or send any ‘spamming material’ or any other form of bulk communication.
5.4 You are not permitted to use this Application in any unlawful or fraudulent manner.
5.5 You agree that if you provide any information on this Application, that information will be true, accurate and complete.
6. Non Binding
6.1 Acci Aid is not able to bind any third party provider or ensure that any third party provider provides any service to you. Accordingly, nothing on this Application amounts to an offer by us or any third party provider to: (a) provide any service to you; or (b) enter into any contract with you.
7. Exclusions of liability
7.1 We use our best endeavours ensure that you are provided with the best quality services from the Third Parties, however your access to this Application and any action you carry out with any third parties that we supply your information to is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
7.2 We do not give any warranty that the Application is free from viruses or anything else which may have a harmful effect on any technology.
7.3 We aim to provide uninterrupted access to this Application but we give no warranty as to the uninterrupted availability of this Application. We reserve the right to suspend, restrict or terminate your access to this Application at any time.
7.4 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
(a) your use of, reliance upon or inability to use this Application or content;
(b) the deletion with or without notice or cause of any of your data or information stored on this Application;
(c) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Application at any time;
(d) the removal from this Application of any content or communications sent or posted by you on or via this Application;
(e) any circumstance that is outside of our reasonable control; and
(f) any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.
7.5 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.
8. Indemnity
8.1 You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms of Use or your use of this Application.
9. Contact us
9.1 If you have any questions concerning this Application or the services we provide, please contact us.
10. General
10.1 If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
10.2 You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.
10.3 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Application and supersedes any prior agreements (including any previous terms of use of this Website).
11. Governing law
11.1 These Terms of Use and your access to and use of this Website is governed by and will be interpreted in accordance with the laws of New South Wales, Australia.
11.2 Each of you and us submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia in connection with these Terms of Use and your access to and use of this Website.
Acci Aid’s Privacy Policy
Our privacy commitment
Acci Aid is committed to protecting the privacy of your personal information. This policy explains how Acci Aid manages the personal information that we collect, use and disclose and how to contact us if you have any further queries about our management of your personal information.
Acci Aid is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth) (and applicable State and Territory health privacy legislation), which regulate how we may collect, use, disclose and store personal information, and how individuals may access and correct personal information held about them.
Please contact us if you have any questions regarding Acci Aid’s Privacy Policy or would like us to send you a copy of this policy using the details provided below.
How does Acci Aid collect and hold your personal information?
We will only collect personal information about you by lawful and fair means. We usually collect personal information directly from you (or from someone you’ve authorised to deal with us on your behalf), for example when:
· you enquire about service we provide;
· you apply for a service available through Acci Aid;
· you contact us by telephone, via mail, e-mail or online;
· you visit our website (including when you request our service through the website);
· You visit our application (including when you request our service through the website);
· we supply any other services to you; or
We may collect personal information:
· from other companies, such as other companies that provide comparison services, if you have been referred to us by them;
· from marketing and similar lists we obtain from third parties;
· from third parties to enhance the quality of the personal information that we hold.
If we collect personal information about you from a third party, we will only do so using fair and lawful means and if we or the third party have received your consent to the disclosure.
If you provide us with personal information about another person (such as a family member), it’s important that you let the person know we have collected their information and that they can ask to access and correct the information we hold about them.
What kinds of personal information does Acci Aid collect and hold?
The kinds of personal information that we collect and hold about you will depend on the circumstances in which it is being collected, including whether we collect the information from you as a customer, participating provider, contractor, stakeholder, job applicant or in some other capacity.
If you request a service offered by our participating providers, we may collect your name, address, email address, telephone number, date of birth and any other information that we need to be able to provide you with the quote. For example, if you wish to obtain the services of a repairer after you are involved in a car accident, we’ll ask you for basic information about the accident circumstances, your motor vehicle insurance information, who you think is liable for the car accident, whether or not you need a replacement vehicle while your vehicle Is being repaired, and other related information including your need for a replacement vehicle. With this information we’ll be able to provide you with a service that meet your needs. The information we collect will vary depending on the service you’re interested in. If you decide to apply for a service through us, we’ll ask you for additional information so that we can complete your request.
At the time we collect your personal information, we’ll display this privacy policy or a collection notice so that you can understand the personal information that we’re collecting in the particular circumstances and how we’ll manage that information.
If you deal with us in some other capacity (for example, as a participating provider, a supplier or a stakeholder), we may collect your name, contact details and any other information you choose to provide to us.
Any personal information that you provide via our Application is collected and stored by Acci Aid.
To provide some of our services, we may need to collect and hold your sensitive information (such as medical or certain lifestyle information). We will only collect sensitive information about you with your consent.
Some of the products offered by our participating providers can cover more than one person (for example, if you are not the owner of the vehicle involved in the car accident). If you provide us with information about the owner of the vehicle involved in the car accident, you must obtain that person’s permission to give us the information and inform them of this policy.
If we are not able to collect your personal information, or if you provide us with incorrect or incomplete information, we may not be able to provide you with our products or services or do business with you or the organisation with which you are connected.
How does Acci Aid use your personal information?
We collect, hold, use and disclose personal information so that we can:
· provide you with our services;
· assess your eligibility for the services that you’re interested in;
· verify your identity and manage any enquiries or complaints you have after you’ve used our services;
· let you know about other products, services or promotional offers that we think may be of interest to you;
· ensure we comply with the requirements of our participating providers;
· conduct research and analysis to improve our understanding of your interests in relation to our services, including improving our data analytics capability to provide our customers with better and more efficient services;
· develop insights from our interactions with our customers to enhance our services and the way we deliver them so that we can keep on meeting the needs of our customers;
· analyse your interactions and use of our online services to understand the effectiveness of our marketing initiatives;
· maintain and improve our customer service by monitoring our service for quality control, quality and training purposes;
· consider job applicants for current and future employment;
· manage our relationships with our participating providers, suppliers and stakeholders;
· manage our internal business, in particular financial management, reporting and accounting; and
· meet our regulatory and legal obligations.
We may also use your information for other purposes required or authorised by or under law, including purposes for which you have provided your consent.
In what circumstances will Acci Aid disclose your personal information?
If you decide to apply for a particular service through Acci Aid, we’ll share your information with the product provider so that we can complete our service. We’ll send your personal information directly to the service provider so that you can obtain the service directly with the provider. If the provider contacts you directly, they may provide us with information collected from you for the purposes described in this policy.
We use service providers to help us conduct our day to day business activities. We take steps to ensure that all our service providers agree to protect the privacy and security of your personal information, and that they only use it for the purposes in this policy, or any collection notice that we provide to you at the time we collect your personal information.
These service providers generally help us by:
· keeping records related to the services we provide
· providing us with our office management software, such as email;
· providing us with software that supports communication between our IT systems, including Australian-hosted cloud services; and
· supporting our electronic direct marketing activities, such as sending our marketing emails.
Some of the service providers are located overseas. This means we may disclose personal information to overseas providers.
Direct marketing
We use personal information to inform you about services offered by Acci Aid and our business partners, which we think may be of interest to you. When we contact you it may be by mail, telephone, email, SMS or social media. Information about how to opt-out of receiving marketing material from us is set out below.
If you want to know how we obtained your personal information, please contact us using the details provided below.
How can you opt out of receiving direct marketing?
You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for direct marketing purposes, or you do not wish to be contacted in any of the above ways, by contacting us. In some circumstances we may need to contact you to obtain additional information, to verify your identity or to clarify your request.
Use of Government Identifiers
Depending on the service you’ve asked that we provide, we may collect government-related identifiers, such as a driver’s licence number. We collect such details only where it is lawful to do so. We do not use government-related identifiers as our own identifier of individuals.
Data quality and Security
We may store your information in hardcopy and/or in electronic form. We will take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.
This may include a range of systems and communication security measures, as well as the secure storage of hard copy documents. In addition, access to your personal information will be restricted to those properly authorised to have access.
We rely on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date. If you believe that your personal information is inaccurate, incomplete, out of date, and irrelevant or misleading, please contact us using the details provided below and we’ll correct that information within 30 days of receiving any information we need to make the change.
Before we correct your personal information, we’ll need to verify and confirm your identity. If someone makes the request on your behalf, we will require your prior written consent or we will contact you directly to collect your consent.
If we don’t agree that the information needs to be corrected, we’ll write to let you know why. If that occurs, you can ask us to include a statement with the information that says you believe it’s inaccurate, incomplete, out of date, irrelevant or misleading.
Application usage and Cookies
Our application is professionally hosted and operates in a secure environment. It is hosted by a company operating in China. You should however be aware that there is always an inherent risk in transmitting your personal information via the Internet.
How you can access or correct your personal information
You can request access to the personal information we hold about you by contacting us using the details provided below. Within about 2 business days of receiving your request, we will let you know if we need additional information to process your request and how long we’ll take.
You can expect to have access to the information within 30 days of providing us with the information we need to find your personal information. Before we make your personal information available to you, we’ll need to verify and confirm your identity. If someone makes the request on your behalf, we will require your prior written consent or we will contact you directly to collect your consent.
In some circumstances we may refuse to give you access to some or all information you have requested. For example, where we have been unable to verify and confirm your identity, if providing access would have an unreasonable impact on the privacy of others; or giving access would reveal evaluative information in connection with a commercially sensitive decision-making process.
If we deny or restrict access to the information you have requested, we will give you written reasons for this decision when we respond to your request.
In most cases, access to your personal information will be provided free of charge. There may be circumstances where, because of the nature of your request, we might need to charge a fee to cover the time we’ll need to spend collating your personal information or putting it in a format that we’re able to send it to you (whether at your request or to maintain the security of the information). We will let you know before we start working on your request so that you can make an informed decision.
How you can make a privacy complaint
Please contact us using the details provided below if you have any concerns or complaints about the manner in which we have collected or handled your personal information. We will investigate your complaint and you can expect a response from us in writing within 30 days. If after our initial assessment of your complaint we decide that we need more information or that we’ll need more time to respond to you, we’ll let you know within a few days of receiving your complaint.
If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.
How to contact us
If you:
· have queries, concerns or complaints about the manner in which your personal information has been collected or handled by AcciAid;
· would like to request a hard copy of this privacy policy or discuss any issues relating to this policy or privacy matters generally; or
· would like to request access to or correction of the personal information we hold about you;
Please contact us in relation to any Privacy queries:
Email: privacy@acciaid.com.au
Copyright © 2020 AcciAid
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. All Rights Reserved.
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