TERMS OF USE AND ACCESS

Privacy Policy

eSentry Underwriting Pty Ltd is regulated by Australian Security and Investments Commission (ASIC) and also bound by the Privacy Act and Australian Privacy Principles.

At eSentry we strive to provide the best possible solutions to our clients needs. To maintain this, we need to make sure we use personal information as efficiently as possible. It is important to us that clients feel confident that the personal information they supply to eSentry will only be used to entrusted identities who have these similar standards in place and who will also treat this personal information with the appropriate degree of privacy.

Terms of Use and Access

Permission to use the eSentry system is conditional upon you, agreeing to the terms set out below. Access to data, information, material and services provided by eSentry is only offered to you on the condition that you read and accept all the terms and conditions of access. By proceeding to login to the Service, you will be deemed to have accepted the following terms. If you do not wish to accept the terms, you must not login and you may not use the Service. We advise you to print or keep a copy of these Terms of Use for your reference.

For the purposes of the Terms of Use as the context may apply "eSentry", "us", "we", and "our" means eSentry Underwriting Pty Ltd ABN 46 141 852 842 and its related bodies corporate, collectively and individually, as the context requires

1. Your use of the Service

The Service is provided to authorised users to conduct business with eSentry. You must only use the Service to access authorised content and applications. You agree to use the Service in a professional, proper and ethical manner and not for any illegal or unlawful purpose. You agree to use the Service in the manner instructed by us from time to time. You agree not to use, or attempt to use, the Service in any manner which may cause or be calculated to cause injury or loss to eSentry. You agree not to use, reproduce, adapt, recompile, decompile, distribute or transmit in any form by any process any information, data, link or material contained on this Service for any purpose other than that stated above.

2. Termination, Revocation and Suspension

We may suspend or revoke your access to the Service if you breach these Terms of Use or at any time without notice and without giving any reason. We reserve the right to suspend your access to the Service due to technical or other problems associated with the Service. Either party may also terminate this Agreement in that party's absolute discretion immediately on written notice to the other party. We reserve the right to terminate the Service at any time at our absolute discretion.

3. Security, Privacy and web site use monitoring

eSentry has put in place mechanisms to reduce the risk of Viruses entering and damaging the eSentry online environment. As part of these protections you are responsible for:

  1. installing adequate Virus protection onto the computer equipment you use to access the eSentry online environment; and
  2. managing the Virus protection updates to a standard similar to the eSentry online environment (ie. Virus signature updates set to occur daily).

By using eSentry to access the online Service and our web site, including logging in, reading, browsing, uploading or downloading information, our computer system may record information such as the date and time of your visit, the pages and functions accessed, and any information downloaded we also record your IP location and unique IP identity. This information may be used for statistical, reporting, web site/application administration and maintenance purposes only. This collection and use of information is in addition to that described in the eSentry Privacy Policy.

4. Usernames and passwords

This web site is accessible only through the use of usernames and passwords. You are responsible for:

  • maintaining the security and confidentiality of your password;
  • all activities undertaken using your username and password;
  • notifying eSentry immediately if you lose your username or password or suspect the confidentiality of your username and password has been compromised; and
  • destroying your username and password immediately if access is revoked.

You must not:

  • by-pass or attempt to by-pass any of the security devices incorporated into the web site;
  • use a username or password other than your own; or
  • disclose your username or password to anyone.
If you are no longer entitled to use your username and password allocated to you, your access shall be immediately revoked.

5. Confidentiality

You agree to take, or cause to be taken, such reasonable precautions as may be necessary to maintain the confidentiality of and prevent the unauthorised disclosure of the Service, the web site and any material that appears on this web site.

6. Intellectual property notice

You acknowledge that copyright is reserved to us and all rights are reserved. We either own the intellectual property rights in the underlying HTML, PHP, text, logos, images, audio clips, video, clips and any other content material that appears on or in this web site, or we have obtained the permission of the owner of the intellectual property to use it on or in this Service. Except where necessary to comply with these Terms of Use or as a permitted use under the Copyright Act 1968(Cth) or other applicable law, no material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, for any commercial purpose without the specific written consent of eSentry.

7. Our liability

Except as expressly stated in these Terms of Use, all warranties, representations or conditions relating to the Service, or the fitness of the Service for any particular purpose, or to the merchantability of the Service, or to any other aspect of the Service, or as to the information contained in the Service (whether express or implied and whether arising in contract, at common law or under statute) are to the maximum extent permitted by law expressly excluded. You agree and acknowledge that:

  1. eSentry's liability, and the liability of any of eSentry's employees or directors under any statutory right or any condition or warranty implied by any state Fair Trading Act, the Australian Consumer Law or the ASIC Act, which cannot be excluded is, to the extent permitted by law, in the case of any services, limited to the supply of the services again or the payment of the cost of having the services supplied again.
  2. services supplied again. The Service is, to the extent permitted by law, provided "as is, as available", without any warranty of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of the Service and that the Service will be interrupted or error free.
  3. Neither eSentry nor its directors and employees can accept liability for any errors or omissions and make no representations as to the accuracy or completeness of any information contained in the Service.
  4. eSentry, to the extent permitted by law, is not liable to you for any incidental, indirect, special, consequential or economic loss or damage (including loss of profits or opportunities and exemplary and punitive damages) whether arising from negligence or otherwise which is incurred by you as a result of any error, omission or misrepresentation in relation to this Service.
  5. Without limitation to paragraph (d) above, eSentry is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this Service. You must take your own precautions to ensure that whatever you select for your use from this web site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. Other than stated above, we will not be liable for the cost of procurement of substitute goods, services or technology and in no event will our liability to you exceed $100.

8. Indemnity

By using or accessing this web site, to the extent permitted by law, you agree to indemnify eSentry from and against all claims, liability, demands, proceedings, costs and expenses (including legal fees on a solicitor to client basis) arising out of or in respect of loss of or damage caused to eSentry arising out of any breach of these terms and conditions; the negligence, dishonest or unlawful conduct by you or your officers, employees or agents and the fraudulent, illegal, negligent or unauthorised use or disclosure of the username or password or Service.

9. Links to other web-sites

You acknowledge that you cannot make any hyperlinks to this Service without our prior written consent.

10. Australian residents only

This web site is for access and use by Australian residents only and these Terms of Use are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or this web site.

11. Variation or Withdrawal of the Services

The nature and extent of the Services and the information, data or material contained on this web site can be varied by us at any time without notice. eSentry will be free to restructure, change, develop or modify the Service at our sole and absolute discretion. We reserve the right to vary these Terms of Use and Privacy Policy at any time by publishing varied provisions on this web site. You accept and agree that by doing this we have provided you with sufficient notice of the variation.

12. General

These Terms of Use embody the entire understanding of an agreement between the parties as to the Service. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting the Service are merged in and superseded by this document and shall be of no force or effect whatsoever and no party shall be liable to any other party in respect of such matters.

All notices and communications required or permitted to be given under these Terms of Use shall be made in writing and sent by mail, by fax to the address or fax number of the other party as may be notified from time to time, or by electronic communication to the information system of the recipient party as may be notified from time to time.

A notice will be treated as having been received at the time of delivery, on the third business day after posting, if sent by fax, when transmitted to the correct fax number, if sent by electronic communication, when the electronic communication enters the information system of the recipient.