Terms and Conditions

Terms and Conditions

Governing the use of this website

and its contents

Governing the use of this

website and its contents.

Touch base with us online

Last changed on 8th June 2021

Last changed on 8th June 2021

Touch base with us online

Terms and Conditions

The terms and conditions contained below and any conditions, notices and disclaimers contained elsewhere on our website (known collectively as the “Terms of Use”) govern your access and use of the Horsell Duffy Langley Website (www.hdlbrokers.com.au) and its sub-domains (including the Client Service Area accessible from this website) (“our website”). Your access and use of our website is conditional upon your acceptance and compliance with the Terms of Use.

Please note that if we provide online capabilities to purchase insurance products, any insurance product you purchase online has its own terms and conditions that are found in the PDS (policy document).

Therefore, for any online purchases, please consult the PDS documents which will be available on this website.

Ownership of website

  • Our Website and its contents (including all information, data, text, graphics, images, software, advertisements and other material on our website (“Content”)) are the property of Horsell Duffy Langley and are subject to copyright under Australian law and through international treaties with other countries.
  • You may use this Content for your personal reference only (not for any commercial or public use) and may download a single copy of the Content, keep a temporary copy in your computer’s cache and make a single hard copy, provided you keep intact all copyright and other proprietary notices.
  • No other use, copying, reproduction, publishing, storage in a retrieval system, alteration or transmission in any form or by any means, in whole or part, of the Website or Content is permitted without Horsell Duffy Langley’s prior written authorisation.
  • All names, logos and trademarks are the property of Horsell Duffy Langley or the third parties who have contributed to our website. Nothing on our website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Horsell Duffy Langley or the relevant contributor.
  • The name of Horsell Duffy Langley and its agents or any of the trademarks and other intellectual property belonging to Horsell Duffy Langley or its agents may not be used commercially or in advertising or publicity or used to identify a link to our website without the express prior written permission of Horsell Duffy Langley, or except as set out in the “Linking to the Horsell Duffy Langley website and usage of the Horsell Duffy Langley logo”.
  • You must notify Horsell Duffy Langley immediately if you become aware of any third party that is or may be infringing the intellectual property rights in our website. You must give Horsell Duffy Langley all assistance in relation to any infringement proceedings. Horsell Duffy Langley shall have sole control of the defence and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Horsell Duffy Langley.
  • If a court or Horsell Duffy Langley determines that our website or Content have infringed or may infringe a third party’s intellectual property rights, Horsell Duffy Langley shall have the right to alter, delete or modify our website or Content in order to avoid continuing infringement.

Information on website

  • The information contained within this website and on any Horsell Duffy Langley or Related Body Corporates’ products and services is of a general nature only. Changes may occur in circumstances at any time which may affect the accuracy or completeness of the information so while Horsell Duffy Langley has taken all reasonable care in producing our website, it accepts no responsibility for any loss, expense or liability which you may incur from using or relying on the contents, and you must not rely on any statement on our website without taking specialist advice.
  • Any legal rights and obligations which Horsell Duffy Langley and you may have will be contained in the terms and conditions of the contract and policy issued to you or available on our website when you buy your policy online.

Privacy

  • You agree that you have read Horsell Duffy Langley Privacy Statement and agree that those terms form part of the Terms of Use.
  • You accept that if you transact online or provide your personal information via our Website that it will be dealt with in accordance with the Horsell Duffy Langley Privacy Statement.
  • All information and data provided by you will be handled in accordance with our Security Policy.

Your usage of the HDL Website

  • You must not use our website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Horsell Duffy Langley, or that is prohibited by the Terms of Use. In particular it is a condition of your use of and/or access that you agree that you will not:
    1. use any device, software or routine which will or may interfere with the working or functioning of our website and will not post, publish, distribute or transmit any Content of any kind which contains a virus or other harmful component;
    2. make any unauthorised use of any materials or intellectual property found on our website;
    3. copy or provide to any other party any materials, Content or data found on our website other than as set out in the Terms of Use;
    4. copy and use any materials, Content or data found on our website for any other purpose than purchasing or endorsing or cancelling an Horsell Duffy Langley product;
    5. use any method or means to copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the Content or our website, or monitor it in any way, unless expressly provided for in our website or expressly authorised in writing by Horsell Duffy Langley;
    6. intentionally do anything which overburdens the infrastructure of our website;
    7. post, publish, distribute or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent Content of any kind, including without limitation any Content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations;
    8. post, publish, distribute or transmit, or disseminate any Content of any kind which violates or infringes upon the rights of any other person, including Content which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from Horsell Duffy Langley or relevant right holder;
    9. post, publish, distribute or transmit, or disseminate any unsolicited correspondence (including Emails) or spamming via our website;
    10. reverse engineer, reverse assemble, or otherwise attempt to identify the source code or other arithmetical formula for the infrastructure software or functions;
    11. restrict or inhibit any other user from using or enjoying our website.
  • Horsell Duffy Langley has no obligation whatsoever to monitor any user’s use of our website or to edit, delete or refuse to post any Content. However Horsell Duffy Langley reserves the right to monitor you or any users, use of our website and to edit, refuse to post or remove any Content whatsoever.
  • Horsell Duffy Langley reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of our website.

Online transactions

  • If Horsell Duffy Langley provide the option to purchase any products or services via our website, then it will be done via the following process: 
    1. you will manually enter the data requested for Horsell Duffy Langley to provide an electronic quote based on the information you provide.
    2. Horsell Duffy Langley will provide a quote for its products electronically and this will constitute Horsell Duffy Langley offer to you. Horsell Duffy Langley may save and retrieve any quote it issues.
    3. you may accept this offer by selecting the ‘Purchase Policy’ button and providing valid information about the account or credit card that you will be using to pay for the product/service. The product/service you order must not be for commercial resale. Horsell Duffy Langley will then receive an electronic message which it will then act upon to issue you with the product (in its discretion). Horsell Duffy Langley reserves the right to reject any order it receives for any reason and orders are not binding on Horsell Duffy Langley until acceptance. You will be bound by the Terms of Use operating at the time you placed your order.
    4. a binding contract will only come into place when Horsell Duffy Langley receives your acceptance of the Horsell Duffy Langley Offer, accepts the order by displaying a confirmation of payment on your screen and also receives clear payment of the premium when a debit is made against the credit card or account nominated by you in the quote process.
    5. you should then receive a policy number. Please note that a binding contract is still in place even if you do not for some reason receive this policy number upon completion of the online transaction.
    6. you will receive confirmation of this transaction when Horsell Duffy Langley send you a PDS (Policy Document) and Schedule.
    7. please contact Horsell Duffy Langley if you do not receive a Policy number or PDS (Policy Document) and Schedule.
    8. please note that Horsell Duffy Langley will treat all electronic instructions received online as valid and authentic.
    9. all policies issued via this online facility will be subject to all Horsell Duffy Langley’ usual underwriting criteria and guidelines.
    10. all PDS (Policy Documents) are available on the website. You should read and understand the relevant PDS (Policy Document) before purchasing any product online.
    11. Please note that if you use any third party (i.e. broker, agent etc.) to enter any transactional information on our website (including requesting a quote and accepting a quote), you will be bound by the actions of that third party with respect to the transaction, and will also be bound by these Terms of Use.

Payments online

  • In some instances You may be able to make payments online for new business or renewals if you receive a schedule/invoice which indicates that this payment option is available.
  • The details of how to do this will appear on the schedule/invoice.
  • If you are paying a renewal premium online, your new policy will only be in place when Horsell Duffy Langley: 
    1. receives electronically all details of the payment, including method of payment and correct policy details; and
    2. receives clear payment via your credit card or nominated account; and
    3. a record of the transaction is generated in the Horsell Duffy Langley system and a receipt number issued for the payment.

Disclaimer

  • Competition and Consumer Act (Cth) 2010 and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”).
  • Except as provided for by the Prescribed Terms: 
    1. all Content (including information about goods and services) is provided on an “as is” basis without any warranties of any kind;
    2. to the maximum extent permissible by law, Horsell Duffy Langley expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
    3. Horsell Duffy Langley, and its directors and employees, does not warrant that your access to our website will be uninterrupted or that our website will operate error free, that any defects will be corrected or that our website and its servers are free of computer viruses and other harmful data, code, components or other material;
    4. Horsell Duffy Langley, and its directors and employees, does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of our website, or that it will give notice of such use, modification or alteration;
    5. Horsell Duffy Langley, and its directors and employees, does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content (including descriptions of any goods/services). The use of our website and the Content is at your own risk. Changes are periodically made to our website and may be made at any time; and
    6. if your use of our website or the Content results in the need for servicing or replacing equipment or data, Horsell Duffy Langley is not responsible for those costs.

Limitation of liability

  • Except as provided by the Prescribed Terms, Horsell Duffy Langley, its directors, employees, suppliers, or any third parties mentioned on our website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from: 
    1. any use or access of, or any inability to use or access, our website, any third party link or any Content;
    2. any unauthorised access to or alterations of your transmissions or data; or
    3. any statements or conduct of any user of our website, including any information and/or advice and any defamatory statements or offensive conduct. 
  • To the fullest extent permitted by law Horsell Duffy Langley liability for breach of any Prescribed Terms is limited at the option of Horsell Duffy Langley to the following: 
    1. In the case of services supplied or offered by Horsell Duffy Langley:
      • The supply of the services again; or
      • The payment of the cost of having services supplied again; and
    2. In the case of goods supplied or offered by Horsell Duffy Langley:
      • The replacement of the goods or the supply of equivalent goods;
      • The repair of such goods;
      • The payment of the cost of replacing the goods or acquiring equivalent goods; or
      • The payment of the cost of having the goods repaired.

Availability of the website

  • Horsell Duffy Langley can not guarantee that our website or any other website with a link to its website will be free from viruses or that uninterrupted access will be available.
  • Access is offered only on an “as is” basis and Horsell Duffy Langley may make any online access unavailable without any notice.

Links to other Sites and Third Party Advertising

  • This Website may contain links to other websites owned and operated by third parties who are not related bodies corporate of Horsell Duffy Langley (“Linked Websites”).
  • The Linked Websites are not under the control of Horsell Duffy Langley and Horsell Duffy Langley is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
  • Horsell Duffy Langley provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Horsell Duffy Langley.
  • Your link to any such Linked Website is entirely at your own risk.
  • Horsell Duffy Langley is not a party to any transaction between you and a Linked Website.
  • Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms of Use.
  • If there is any inconsistency these Terms of Use prevail.
  • Our website also contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites).
  • The display of such advertising does not in any way imply an endorsement or recommendation by Horsell Duffy Langley of the relevant advertiser, its products or services or any such Linked Website.
  • You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
  • To the extent permitted by law Horsell Duffy Langley accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

Your Indemnity to Horsell Duffy Langley

  • You will indemnify Horsell Duffy Langley for any liability incurred by Horsell Duffy Langley for any loss, liabilities, costs, damages or other expenses howsoever incurred by Horsell Duffy Langley in connection with, or arising directly or indirectly as a result of, your breach of these Terms of Use or your use of or access to our website.

Taxes

  • Certain taxes and government charges may be payable in relation to the use of our website.
  • Horsell Duffy Langley has no responsibility for such taxes or other government charges.
  • Despite the foregoing paragraph, unless stated otherwise, charges referred to for use of any goods or services provided by Horsell Duffy Langley are inclusive of any goods and services tax imposed under Australian law, unless otherwise stated on our website.

Parental Consent and Age Limits

  • Horsell Duffy Langley requires that children under 18 years old consult with their parents before providing any data about themselves, their purchasing profile, or their families.
  • If you place an order via our website, you warrant to Horsell Duffy Langley that you are 18 or more years of age and that you are authorised and able to make payment in the manner stipulated by you or if you are under 18 that you are authorised by your parents or guardian to enter into the contract.
  • In addition, Horsell Duffy Langley encourages parents to monitor their children’s Web activity and children to obtain permission before logging on to our website.

Applicable Law

  • All disputes arising out of this Agreement shall be dealt with in accordance with the laws of New South Wales, Australia.
  • You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales District Registry of the Federal Court of Australia.
  • This site is controlled and operated by Horsell Duffy Langley from its offices in Australia.
  • Horsell Duffy Langley makes no representation that materials in the site are appropriate or available for use in other locations.
  • Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

Miscellaneous

  • If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
  • All rights not expressly granted are reserved.

Contact us

If you have any query relating to our Terms and Conditions, please contact us during business hours on:

Telephone:
+612 9252 6095

Email:
info@hdlbrokers.com.au

Alternatively, you can contact us via:

Horsell Duffy Langley
Level 3,
205 Clarence Street
Sydney NSW 2000

Telephone
1300 565 622