Genworth website terms and conditions of use
Please read these terms carefully before using this site.
Please read these terms carefully. If you do not agree with any of these terms or conditions, do not access or otherwise use this website or any information contained on this website. Your access and use of this website constitutes your agreement to abide by each of the terms and conditions set forth below.
Subject to the terms and conditions set forth in this Agreement, Genworth grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Genworth authorises you to view and download the information ('Materials') at this Site only for your individual use, unless otherwise expressly specified in these terms. This authorisation is not a transfer of title in the Materials and copies of the Materials and, unless otherwise expressly specified in these terms, is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not adapt nor modify the Materials in any way or reproduce or publicly display, perform, distribute, or create derivate works or otherwise use them for any public or commercial purpose (other than for your own benefit); and 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
In relation to the Marketing Resource Centre section of the Site (‘Marketing Resource Centre’), Genworth may, on request, authorise certain users of this Site to: 1) view and download the Materials contained in the Marketing Resource Centre for use in connection with their business; 2) to adapt and modify the Materials; 3) reproduce and publicly display the Materials; and 4) create derivative works using the Materials; provided that the Materials are reproduced exactly and that such use is otherwise in accordance with these Terms. Genworth reserves the right to revoke this consent to use Materials contained in the Marketing Resource Centre at any time in its sole discretion.
The information on this Site is not an offer by or on behalf of Genworth or its affiliates to sell or solicit an offer to buy any security or insurance product.
References to ratings
Any financial strength or credit ratings of Genworth or any of its Affiliates, which may be provided on this Site, are determined by ratings agencies. They do not, and are not intended to, constitute the provision of financial product advice by Genworth or any of its Affiliates in relation to any financial product including, without limitation, any securities of, or other financial products issued by, Genworth or any of its Affiliates. The ratings are subject to change from time to time. You should seek your own professional advice before relying on any ratings referred to on this website.
No professional advice
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer's specific circumstances.
All information, opinions and advice available on this Site should be evaluated in consultation with a legal, accounting, tax, investment or other financial specialist.
This Site, including all Materials, is copyrighted and protected by worldwide copyright, trade mark and intellectual property laws and treaty provisions. You agree to comply with all such laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein or where necessary for viewing the documents or information on the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, Genworth does not grant any express or implied right to you under any patents, trademarks, copyright or trade secret information 'Genworth', 'Genworth Financial' and the 'Genworth' logo are service marks/trademarks of Genworth Financial, Inc and are used pursuant to a licence.
You expressly understand and agree that: (1) your use of this Site and the services and materials provided at the Site are at your sole risk, and (2) the materials may contain inaccuracies and typographical errors. Genworth, its affiliates and the providers do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on the material or any opinion, advice, statement, memorandum, or information shall be at your sole risk.
Genworth, its affiliates and the providers (as to their materials only) reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Site. We use reasonable efforts to provide you with accurate information. We reserve the right, however, to make corrections and/or changes should this information prove to be inaccurate. Genworth, its affiliates and the providers (as to their materials only) may make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site at any time without notice.
To the extent permitted by law, this Site, the services, information and materials on the Site as well as any software made available on the Site, are provided 'as is' without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms will apply and, to the extent permitted by law, the liability of Genworth for the breach of any such term will be limited, at the option of Genworth, to any one or more of the following:
- In the case of goods, the repair or replacement of the goods or payment for cost of repair or replacement; or
- In the case of services, resupply of the services or payment of the cost of the resupply
Limitation of Liability
You understand and agree that, to the extent permitted by law, Genworth, its affiliates and the providers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages, costs or loss of products, use, data or other intangible losses, even if we have been advised of the possibilities of those damages, resulting from: (i) your use of or inability to use the Site, the services, or materials, or (ii) obtaining substitute products and/or services, or (iii) the use of any data, information, products or services obtained from transactions entered into through the website, or (iv) any statement or conduct of any third party, or (v) any other matter related to the Site, the services or materials.
Third party sites
External links to the site
Unless otherwise expressly specified in these terms, all links to the Site must be approved in writing by Genworth, except that Genworth consents to links in which: (i) the link is a text-only link containing only the name 'Genworth Mortgage Insurance Australia Limited', (ii) the link 'points' only to www.genworth.com.au and not to deeper pages: (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a 'frame' on the linked website; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are endorsed by, affiliated or associated with or sponsored by Genworth nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of Genworth or its Affiliates, nor passes off Genworth or its Affiliates' documents or information as those of another party; and (v) the content does not contain any material that is offensive or distasteful or contravenes any law. Genworth reserves the right to revoke this consent to link at any time in its sole discretion.
In relation to the Marketing Resource Centre, Genworth may, on request, authorise certain users of the Site to link to pages other than www.genworth.com.au which may be contained in that section. Genworth reserves the right to revoke this consent to link at any time in its sole discretion.
There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Genworth and its Affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not Genworth or its Affiliates, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
Information provided by you
In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if Genworth or any Affiliate has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Genworth, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that Genworth will not be liable to you or any third party if Genworth terminates your access to the Site, and the Services or Materials thereon, for any reason.
Except for the information you submit during the registration process or during the use of any other service offered through this Site (the 'Permitted Information'), Genworth Financial, Inc. and its Affiliates do not want you to, and you should not, send any confidential or proprietary information to Genworth Financial, Inc. or its Affiliates via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Genworth Financial, Inc. or its Affiliates other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to Genworth Financial, Inc. or its Affiliates, you grant to Genworth Financial, Inc. and its Affiliates an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that Genworth Financial, Inc. and its Affiliates are free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to Genworth Financial, Inc. or its Affiliates. You further recognise that Genworth Financial, Inc. and its Affiliates do not want you to, and you warrant that you shall not, provide any information or materials to Genworth Financial, Inc. or its Affiliates that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Commercial electronic messages
If you express interest in products or services through your use of this website, you consent to Genworth sending commercial electronic messages (including messages about Genworth products and services and the products and services of third parties) to electronic addresses which you have provided to Genworth or for which you or your employer (or your employer's related bodies corporate) are the relevant electronic account holder.
Notices from Genworth and its Affiliates to you regarding your use of the Site, the Services and Materials will be made by e-mail or regular mail, in the sole discretion of Genworth or the applicable Affiliate, unless otherwise required by law or contract.
Genworth reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound. Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, the Services and Materials after any changes to these Terms and Conditions of Use are posted will be considered acceptance of the changes.
Genworth may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. Genworth may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. Genworth may terminate the authorisation, rights and license given above.
The Terms and Conditions of Use constitute the entire agreement between Genworth, its Affiliates and you in connection with your use of this Site, the Services and the Materials. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use will survive.
The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with Genworth and its Affiliates.
International users and choice of law
This Site is controlled, operated and administered by Genworth from its offices within Australia. Genworth makes no representation that materials at this Site are appropriate or available for use at other locations outside Australia and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside Australia, you are responsible for compliance with all local laws.
This Agreement constitutes the entire agreement between Genworth and you with respect to your use of this Site.
These Terms and Conditions of Use shall be governed by the laws of New South Wales, Australia.
Requirement of written agreement
The purchase or sale of insurance and/or securities between Genworth and its customers are governed by written policies or contracts. The terms of these policies or contracts are binding on the parties. No other representation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies or contracts.
The material on this website is for informational purposes only and it covers a variety of topics on insurance and other financial products and services. Although some of the information involves tax, legal, accounting or similar issues, neither Genworth, its Affiliates nor any of their respective affiliated companies offering the products or services nor their agents or affiliates are in the business of offering such advice. In addition, advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on this website and how they may affect your particular situation.
This Site is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. By offering this Site and information, or any products or services via this Site, no distribution or solicitation is made by Genworth or its affiliates to any person to use this Site, or such information, products or services in jurisdictions where the provision of this Site and such information, products and services is prohibited by law.
The products and services described on this website:
- are available only to consumers in Australia unless otherwise specifically noted; and
- are subject to all applicable laws and regulations.
The financial obligations of individual products or policies are the sole responsibility of the underwriting company. Neither Genworth nor any affiliates of the underwriting company are legally responsible for product/policy obligations.
The information contained on this website is inherently limited in scope and may change without notice. The information also does not contain all of the applicable terms, conditions, limitations or exclusions of the products or services described.
Except as otherwise noted on this website, all copyright in the contents of this website belong to Genworth, its affiliates and licensors. All rights are reserved. To the extent permitted by law, no part of the materials on this website, including website text, graphics and html code may be reproduced or transmitted in any form by any means without the express written consent of Genworth.
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