And now for the boring stuff…
Terms of Service
Please read the following Terms and Conditions carefully. The meanings of capitalised terms are set out in clause 19, and the interpretation provisions in clause 20 apply.
1. Our agreement
1.1 These Terms and Conditions set out the terms of a contract between you and us that applies when you engage us to provide Services. All Services are provided by Fair Go Insurance Research ABN 78 537 550 697 (FGIR). By engaging our Services, you agree to these Terms and Conditions, and we accept your engagement on that basis.
1.2 You warrant and confirm that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms and Conditions, and fulfil the obligations and warranties required in these Terms and Conditions when you engage our Services.
1.3 We may amend these Terms and Conditions by uploading a new version to the Website. If we upload a new version of these Terms and Conditions to the Website, that new version will apply to any Services you engage after that new version of these Terms and Conditions appears on the Website, and you should review these Terms and Conditions regularly on this basis.
2. Providing your Personal Information
2.1 FGIR collects Personal Information which may include but is not limited to your name, address, date of birth, contact details, insurance history, employment information, marital status, driving history, property and vehicle details and other information necessary for insurance quotes.
2.2 We collect your Personal Information directly from you with your consent. If you provide us with information about another person (such as your spouse, children, additional drivers, or other household members who may be covered under the insurance policy), you must first obtain their consent to share their Personal Information with us and inform them about these Terms and Conditions. By providing such information, you warrant that you have obtained the necessary consent from each such person.
3. Use and disclosure of Personal Information
3.1 We use your Personal Information to:
(a) provide our Services to you;
(b) seek your feedback on our Services; and
(c) communicate with you about our Services, including sending renewal reminders.
3.2 We input only the Personal Information necessary to obtain quotes from Selected Insurance Providers. We do not share your contact details with Selected Insurance Providers.
3.3 We may also disclose your Personal Information:
(a) where required or authorised by law;
(b) with your consent for purposes directly related to providing our Services; or
(c) as otherwise necessary for the provision of our Services to you.
3.4 Your Personal Information is retained to enable us to provide our Services and to comply with our legal obligations. We take reasonable precautions to protect your Personal Information against unlawful use, unauthorised access, modification or disclosure.
3.5 We do not sell, license or otherwise disclose your Personal Information to third parties unless such disclosure is for the purposes set out in these Terms and Conditions.
3.6 If we believe or suspect that the security of your Personal Information has been compromised, we may attempt to notify you electronically so that you can take steps to protect yourself from harm.
4. Consequence of not providing Personal Information
4.1 If you do not wish for your Personal Information to be collected as described in these Terms and Conditions, we may not be able to provide our Services to you.
4.2 You may request to limit the Personal Information you provide, however this may affect the accuracy and comprehensiveness of our research results.
5. Pricing
5.1 The fees for our Services are as quoted on the Website and confirmed at the time you engage our Services.
5.2 Discounts and payment plans may be available as outlined on the Website and confirmed at the time you engage our Services.
6. Payment
6.1 Payment for our Services is due in full before we commence research and is payable by bank transfer. All fees are quoted in Australian dollars and all payments must be made in Australian dollars.
6.2 We will provide you with our research results within 14 business days of receiving payment and all required information from you, including your current insurance details and Certificate of Currency.
7. GST
7.1 Any fees or other consideration payable or to be provided for a supply made under or in connection with these Terms and Conditions, unless specifically described in these Terms and Conditions, is stated inclusive of GST (if applicable).
8. Service amendments
8.1 You may request changes to the information you have provided for our research Services before we commence research. Once we have commenced research, no changes can be made to the scope of Services.
8.2 Changes may include updates to your personal information, insurance requirements, or coverage preferences, provided such changes are made before we commence research.
8.3 Any requested changes must be confirmed in writing and accepted by us before we commence research. Once we have commenced research following receipt of payment and your information, no changes to the scope of Services can be made. If you need to provide additional or corrected information after research has commenced, this may require a new engagement for additional Services.
8.4 For the purposes of this clause 8, research is considered to have commenced when we first access any insurance provider's website or system to obtain quotes as part of the Services.
9. Cancellation by you
9.1 You may cancel the Services at any time. Refund eligibility will be determined according to the provisions set out in this clause 9.
9.2 If you cancel the Services:
(a) before we commence research, you will receive a full refund of all fees paid; or
(b) after we have commenced research, no refund will be provided.
9.3 For the purposes of this clause 9, research is considered to have commenced when we first access any insurance provider's website or system to obtain quotes as part of the Services.
9.4 A cancellation will only be effective when we receive written confirmation of the cancellation via email to hello@fgir.com.au.
9.5 No partial refunds or credit will be given for the Services.
10. Cancellation by us
10.1 We may cancel our Services:
(a) by giving you reasonable written notice if we are unable to provide the Services due to circumstances beyond our reasonable control;
(b) if we determine that due to force majeure, government restrictions, technology failures, insurance provider system outages, or other events outside our reasonable control, we cannot provide the Services as a complete research package; or
(c) if you fail to provide complete and accurate information necessary for us to conduct our research, or if you breach these Terms and Conditions.
10.2 If we cancel our Services under clause 10.1:
(a) for reasons under clause 10.1(a) or 10.1(b), you will receive a full refund of all fees paid; or
(b) for reasons under clause 10.1(c), no refund will be provided.
10.3 You will not be entitled to any compensation, expenses, or damages (direct or consequential) resulting from cancellation by us, except as required by law or where caused by our negligent or wrongful conduct.
11. Nature of Services
11.1 FGIR provides insurance comparison research Services only and does not provide financial advice, recommendations, or take into account your personal objectives, financial situation or needs.
11.2 Nothing in these Terms and Conditions creates an agency, advisory, or fiduciary relationship between FGIR and you.
12. Research limitations
12.1 You acknowledge and agree that:
(a) our research is general only, and is not based on your personal circumstances in any way;
(b) our research is limited to the information available from the insurers in the market from whom we are able to obtain policy documents and pricing (where applicable), and results may be incomplete or inaccurate;
(c) we do not compare all insurers or products in the market;
(d) our research results will only include insurers who agree to provide a quote based on your specific circumstances. Insurers may decline to provide a quote or be excluded from the results for reasons including, but not limited to, geographical restrictions, property characteristics, existing policy holdings with that insurer, or their underwriting criteria;
(e) we are not responsible for pricing changes that occur after we provide our research;
(f) all decisions about insurance coverage, including choice of insurer, level of coverage, and policy features, are entirely your responsibility, and our research is only a tool for gathering general pricing and policy information in one place;
(g) you must read all relevant Product Disclosure Statements before making any insurance decisions and verify all information directly with insurers; and
(h) you are responsible for providing complete and accurate information necessary for our research Services.
13. Limitation of liability
13.1 To the maximum extent permitted by law and subject to the Australian Consumer Law, we exclude all liability for any loss or damage arising from your use of our research results, including but not limited to:
(a) loss of profit, revenue, goodwill, savings, or data;
(b) loss of or damage to reputation;
(c) loss under or in relation to any insurance contract;
(d) loss suffered or incurred by any third party;
(e) all indirect, special, exemplary, punitive or consequential loss; and
(f) any other loss that does not arise naturally from our provision of research Services.
14. Australian Consumer Law
14.1 If you acquire as a Consumer:
(a) goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; and
(b) other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee (other than: (i) a Consumer Guarantee as to title, encumbrances or undisturbed possession of goods conferred by the Australian Consumer Law; or (ii) where to do so would otherwise cause all or part of this clause to be void) to (at our option): (A) in relation to goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (B) in relation to services, re-supplying the services or paying the cost of having the services re-supplied.
14.2 We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and the parties agree it is fair and reasonable in all the circumstances for our liability to be so limited.
15. Claims & complaints
15.1 If you have a complaint about our Services, please inform us at the time so that they can attempt to rectify the matter. If satisfaction is not reached through these means, we ask that you put any further complaint in writing to us within 30 days of the date we provided our research results to you.
16. Intellectual Property
16.1 FGIR owns the Intellectual Property Rights in the research results, comparison charts, methodology and any other documents delivered to you as part of our Services. The information we provide to you is confidential and is for your personal use only. You must not reproduce, copy, communicate, publish, distribute, sell, or disclose our research results, comparison charts, methodology, or any part thereof to third parties without our prior written consent.
17. Applicable law
17.1 The laws of Queensland, Australia govern these Terms and Conditions.
18. Severability
18.1 If all or any part of these Terms and Conditions is illegal, unenforceable, or invalid, it is to be treated as removed from the Terms and Conditions. However, the remainder of the relevant clause and these Terms and Conditions are not altered.
19. Definitions
19.1 In these Terms and Conditions:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth).
(b) Certificate of Currency means your current insurance policy certificate or similar document showing your existing insurance coverage details, or if you do not have current insurance, written confirmation that no current insurance exists.
(c) Consumer has the meaning given to that term in section 3 of the Australian Consumer Law.
(d) Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.
(e) Intellectual Property Rights means all intellectual property rights which may subsist anywhere in the world (including Australia), now or in the future, including patents, copyright, designs, know how, trade marks and any right to have confidential information kept confidential, and any application or right to apply for registration or any of these rights, whether or not such rights are capable of being registered.
(f) Personal Information means information or an opinion about an identified individual, or someone who is reasonably identifiable, whether it is true or not, and whether it is in a material form or not.
(g) Selected Insurance Providers means the insurance companies and underwriters that FGIR obtains quotes from as part of the Services, as listed on the Website.
(h) Services means the insurance comparison research services provided by FGIR as described in these Terms and Conditions, including research and comparison of car insurance and home and contents insurance products available in the Australian market.
(i) Terms and Conditions means this document titled 'Terms & Conditions' (including any schedules or annexures).
(j) Website means the website for FGIR, located at fgir.com.au (as may be updated or replaced from time to time).
(k) we, us, our, FGIR and Fair Go Insurance Research means Fair Go Insurance Research (ABN 78 537 550 697).
(l) you, your and Customer means a person that engages our Services to which these Terms and Conditions apply.
20. Interpretation
20.1 In these Terms and Conditions, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, this document;
(c) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(d) another grammatical form of a defined word or expression has a corresponding meaning;
(e) a reference to A$, $A, dollar or $ is to Australian currency;
(f) a reference to time is to Queensland, Australia time (being the time zone where FGIR is located), unless otherwise specified for clients located in different time zones; and
(g) the meaning of general words is not limited by specific examples introduced by 'including', 'for example' or similar expression.
Acknowledgement
By using our services, you acknowledge, understand and agree that you have read and understood these Terms and Conditions and agree to engage Fair Go Insurance Research ABN 78 537 550 697 to provide insurance comparison research Services as described above and that you are 18 years or older.
Sorry nothing fun here!