Terms and Conditions

This website is owned and operated by Topsail Travel Insurance which will be referred to as"We", "our" and "us" in this Terms of Use. Byusing this site, you agree to the Terms of Use of this website ("thewebsite"), which is set out on this website page. Your access to and useof all information on the website including purchase of our product/s isprovided subject to the following Terms of Use.

You provide your consent and agreement to theseterms of use as well as our Privacy Statement by accessing and using thewebsite. If you do not agree with these Terms of Use or Privacy Statement youmust not use this website. We reserve the right to amend this Notice atany time and your use of the website following any amendments will representyour agreement to be bound by these Terms of Use as amended. We thereforerecommend that each time you access our website you read these Terms of Use.

Site Access

When you visit our website, we give you alimited licence to access and use our information for personal use. You arepermitted to download a copy of the information on this website to yourcomputer for your personal use only provided that you do not delete or changeany copyright symbol, trademark or other proprietary notice. Your use of ourcontent in any other way infringes our intellectual property rights. Except aspermitted under the Copyright Act 1968 (Cth), you are not permitted to copy,reproduce, republish, distribute or display any of the information on thiswebsite without our prior written permission.

The licence to access and use the informationon our website does not include the right to use any data mining robots orother extraction tools. The licence also does not permit you to metatag ormirror our website without our prior written permission. We reserve the rightto serve you with notice if we become aware of your metatag or mirroring of ourwebsite.

Availability ofWebsite

Topsail Travel Insurance cannot guarantee the website, orany other websites this website contains a hyperlink to, will haveuninterrupted access and will be constantly available.
Access to the website is only on an "asis" basis and online access to the website may be disrupted for reasonsnot limited to but including site maintenance at any time.

Disclaimers

Whilst we have taken all due care in providingthe information on our website, we do not provide any warranty, either expressor implied, including without limitation warranties of title or impliedwarranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any conditionor warranty which would otherwise be implied into these terms of use isexcluded.

Limitation of Liability

  • anyerror, omission or misrepresentation in relation to this site;
  • anyuse and access or inability to use or access the website;
  • anycontent; and
  • anystatements or conduct of any user of the website, not limited to but includingany information and/or advice and any defamatory statements or offensiveconduct.

Topsail Travel Insurance is not liable or responsible toyou or any third party if interference with or damage to your computer systemsoccurs in connection with your use of the website. This is not limited to butincluding any unauthorized access to or alterations of your transmissions ordata. You must take your own precautions to ensure that whatever you select foryour use from the website is free of viruses or anything else that may causeinterference with or damage to the operations of your computer systems;including any virus, worm, Trojan horse and/or malware.

Hyperlinks

This website may from time to time containhyperlinks to other websites. Such links are provided for convenience only andwe take no responsibility for the content and maintenance of or privacycompliance by any linked website. Any hyperlink on our website to anotherwebsite does not imply our endorsement, support, or sponsorship of the operatorof that website nor of the information and/or products which they provide.

Topsail Travel Insurance is not responsible for any sitesyou may access via links provided on the website and as such is not liable toyou for any loss, damage, expense or costs (including consequential loss) you incur by accessing or attempting to access these sites.

Linking our website is not permitted. Wereserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

The copyright to all content on this websiteincluding applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website areeither owned by us or we have a licence to use them. Your access to our websitedoes not license you to use those marks in any commercial way without our prior written permission.

Indemnity

By accessing our website, you agree toindemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use ofour website.

Jurisdiction

These Terms of Use are to be governed by and construed in accordance with the laws of Queensland and any claim made byeither party against the other which in any way arises out of these Terms ofUse will be heard in Queensland and you agree to submit to the jurisdiction ofthose Courts.

If any provision in these Terms of Use isinvalid under any law the provision will be limited, narrowed, construed oraltered as necessary to render it valid but only to the extent necessary toachieve such validity. If necessary the invalid provision will be deleted fromthese terms of use and the remaining provisions will remain in full force andeffect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. Informationyou transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is setout in our separate Privacy Statement.

Security

We strive to ensure the security, integrity andprivacy of personal information submitted to our site, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us orfrom our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

CollectingInformation from Users

IP Addresses – Our web servers gather your IP address to assist with the diagnosis of problems or support issues with ourservices. Information is gathered in aggregate only and cannot be traced to an individual user.

Cookies and Applets – We use cookies to provideyou with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access.

This aggregate, non-personal information iscollated and provided to us to assist in analysing the usage of the site.

Website Content

The Content displayed on this website is for the use by Australian citizens and permanent residents seeking to purchase international and domestic travel insurance.

This information is not intended to be a complete description of all terms, conditions and exclusions applicable to Topsail Travel Insurance or the services offered by us.

The content displayed on this website it self does not constitute an offer or an intention to enter into a legally binding contract with you, except where you obtain a quote, answer the questions relating to the insurance and purchase an insurance policy online.

The content displayed on this website does not form any part of the terms of use of an insurance policy, the Product Disclosure Statement or any subsequent insurance contract which is entered into between us and you.

Online Applications

All applications for insurance made via thewebsite must comply with Topsail Travel Insurance's normal approval criteria and are governed by the normal terms of use applying to each insurance policy and the Product Disclosure Statement.

The insurance quoting system provided on thewebsite is offered solely to assist you in deciding to purchase insurance from us.
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You are not authorised to use high-volume, systematic or automated process to obtain quotations.

You must not compile, repackage or disseminatefor commercial purposes any information obtained by your use of the insurancequoting system provided on the website.

We reserve the right to terminate your accessto these services at our sole discretion for not limited to but including submitting excessive requests for these services.

Purchasing Insurance Policies

You may enter into an insurance policy by us making an electronic offer of insurance to you and you electronically communicating your acceptance of that offer.

We may treat any electronic instructions asauthentic and we are under no obligation to investigate the authenticity orauthority of persons issuing or transmitting such electronic transmissions, orto verify the accuracy and completeness of such electronic transmissions.

A binding insurance contract is created with usin a two-step process:

You may enter into an insurance policy by usmaking an electronic offer of insurance to you and you electronically communicating your acceptance of that offer.

We may treat any electronic instructions as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic transmissions, or to verify the accuracy and completeness of such electronic transmissions.

A binding insurance contract is created with usin a two-step process:

  • Create a quote for theinsurance product you are interested in and have selected. We will provide you with a quote, identified by a quote number, when you have completed all necessary details. This quote will remain valid and accessible on our website for 7 days; and
  • If,in accordance with the quote provided by us following you completing all necessary details, you wish to purchase insurance step two enables you toaccept that quote and create a binding insurance agreement with a corresponding Topsail Travel Insurance policy number.

When entering into a contract of insurance withus via our website you will be taken to have communicated your acceptance to an offer of insurance only when:

  • The electronic instruction containing your acceptance enters and is recorded in our database;
  • A record is created and stored in our database;
  • We receive all required details of a current and valid payment card and to which we are able to charge the premium.

    A binding insurance contract is conditional on us being able to successfully charge against your nominated payment card and us receiving payment of your applicable premium.

    The policy will be valid for the period youhave nominated as shown on the Certificate of Insurance.

    Policy delivery

    After we receive the required payment for your insurance policy, we will email a Certificate of Insurance and Product Disclosure Statement to you via the email address you have nominated within one business day.

    You will not be mailed a hard copy of Insurance Certificate or Product Disclosure Statement; except in the case of where you specifically request a hard copy be posted to you.

    Policy renewals /extensions

    Our website may offer an online facility forextension or renewal payment of certain Go Insurance policies with selectedpayment cards.
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    When making a payment for a policy renewal orextension via our website, you will be taken to have renewed / extended that policy only when:

    • The electronic instruction containing the policy number, premium amount due and payment card details as well as an instruction from you to renew / extend thepolicy, enters and is recorded into our database;
    • We receive all required details of a current and valid payment card which you are authorised to use, which is a payment card accepted by us and to which we are able to charge the premium;
    • A record is created and stored in our database;
    • A receipt number is generated by our database; and
    • Our database is updated with information from the payment database.

    A binding insurance contract is conditional onus being able to successfully charge against your nominated payment card and payment of all applicable renewal / extension amounts due for the policy being renewed / extended being received by us.

    Following receipt by us of the renewal /extension payment, we will issue you a receipt for payment and a new Certificate of Insurance, if a new policy is created.

    Cooling Off period

    If you decide you do not want the insurance policy you have purchased, you are entitled to a full refund of any premiumpaid provided you request this within 14 days of purchase, your trip has not commenced and you do not need to make any claims against the policy.

    Where you seek a refund under the Cooling Off provisions of the policy, we will reimburse your payment card for the amount initially debited for the purchase of the policy.

    Payments

    All payments for any insurance products, renewals, policy amendments or other services purchased through our website(including additional premium or other payments which arise from policy amendments) must be paid in full by clear funds in order for the transaction to be complete and a binding insurance contract be entered into with us.

    Unless otherwise agreed by us, all payments are to be made by permitted payment cards at the time of purchase, renewal, or policy amendments (as the case may be) of our applicable policy or service.

    To effect a payment via our website you must provide details of your permitted current and valid payment card, including:

    • Paymentcard type;
    • Name on payment card;
    • Payment card number;
    • Card verification value (CVV); and
    • Expiry date

    (Please note that no payment card details are collected or stored anywhere in our website or database)

    Once we receive full payment (in accordance with these Website Terms of Use) for the applicable insurance policy, policy renewal or policy amendment, we will issue you a receipt for the payment and a Product Disclosure Statement for the relevant policy (or Policy Endorsement incases of policy amendment).

    Currency

    Our website only transacts in Australian Dollars (AUD).If you have any question or concerns regarding the Website Terms of use, please contact us.

    Once you have lodged the claim

    • You may be asked to obtain estimates for repairing any damage; and/or
    • to obtain quotations for the replacement of any items lost or destroyed.
    • Any estimates or quotations should be sent to your claims contact to inspect and/or investigate. Except in an emergency or to prevent any further damage, repair instructions should not be given without our prior agreement.
    • When you are satisfied with the repairs, the invoice should be paid by you and the receipted invoices should then be forwarded to the Claims for payment to you.
    • For more information regarding the claims process, please see the Product Disclosure Statement that was provided with your documentation or available in the Document Hub section of our website.

    Yacht / Motorboat claims procedure for all policies starting after 1st January, 2019

    • By Email: claims@topsailinsurance.com.au
    • By Post: The Catalina Anchorage, 1/235 Spit Road, Mosman. NSW 2088
    • By Telephone: Sydney: 02 9188 78 28 Perth: 08 6102 8861
    • DAMAGE CLAIM - Please complete and return the claim form when notifying us of your claim Damage Claim Form.
    • THEFT CLAIM - Please complete and return the claim form when notifying us of your claim Theft Claim Form.
    • The claim form should be returned to Topsail, fully completed, as soon as possible whether or not you intend to make a formal claim
    • We will pass this information on to The Argenta Group who will deal with your claim and contact you directly.
    • If you prefer to send it directly to Argenta then please send it to:  2121AUAClaims@argentagroup.com

    Amlin Yacht / Motorboat claims procedure for all policies starting before 31st December, 2018

    • By Email: boatclaims@msamlin.com
    • By Post: MS Amlin 11 Tower View, West Malling. Kent UK ME19 4UY
    • By Telephone: +44(0) 1732 223610
    • If you require URGENT assistance outside of office hours please call +44 (0) 208 502 6999
    • This number will be available between the hours of 5pm and 10pm GMT on weekdays and between 8am and 10pm GMT on weekends and bank holidays. Out of these hours there is a voicemail facility which is monitored regularly
    • For more information regarding the Amlin claims process, please visit page 8 of the Amlin Product Disclosure Statement
    • DAMAGE CLAIM - Please complete and return the claim form when notifying us of your claim Damage Claim Form.
    • THEFT CLAIM - Please complete and return the claim form when notifying us of your claim Theft Claim Form.

    Helpful Claims Advice

    • When loss or damage occurs you should act as if uninsured. This may seem unusual advice but it is most important that in the event of any incident involving your vessel, you must take all reasonable steps to minimise the loss.

    Own Damage

    • Take immediate action to safeguard and protect any property from further damage or deterioration (this may include first aid to the engine).
    • Enlist help (professional if necessary) if immediately required to safeguard and protect your boat and equipment.
    • Try to agree a realistic charge or fee if a tow is required before acceptance.
    • Retain and look after all broken/torn/damaged items for inspection.

    Damaged by a Third Party

    • If racing, protest the Third Party if they did not accept a penalty. Obtain witness(es) statements.
    • Obtain details of boat type/class/number/name/club and any witness(es) details in addition to the name(s) and address(es) of the helm and boat owner.
    • Road Accidents - obtain details of the driver, vehicle and insurer and any witness(es), and/or call the Police to the scene. If possible write down all the details and make a sketch of the site.

    Damage to Third Parties

    • If a Third Party wishes to hold you liable for damage, provide them with our details, your name, policy number and boat details. You should acknowledge any correspondence and pass it on to us immediately.
    • Do not make any admission of liability and do not make any offer of payment.

    Theft/Vandalism

    • Any theft or malicious damage should be reported to the Police promptly.
    • Keep a note of the Police Crime Reference Number.
    • We will also need the serial numbers of any engines, tenders etc.
    • Notify your club and local harbour master with full details of the theft/vandalism.
    • This Helpful Claims Advice section is intended to provide some guidance should you have to submit a claim under your policy. It does not form part of any policy wording or give any indication of acceptance of a claim

    Useful Information

    • Please remember that the repair contract is between you and the contractor. Any instructions regarding either repair or replacement must come from you. However you must seek our agreement in the first place.
    • The claim may be subject to deductions in addition to any policy excess and the clauses in your policy wording should be read carefully so that you are fully aware of these (e.g. sails, covers and outboard motors).

    Looking for a document? You’ll find it here.

    Document Hub