Gardian reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.
We reserve the right to withdraw or amend the Website and any Good or Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (Linked Sites), which are not operated by Gardian. Gardian has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
(a) Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Website; corrupt data; cause annoyance to other users;
(iv) maliciously interrupt the provision of Goods and Services from the Website;
(v) infringe upon the rights of any other person's proprietary rights;
(vi) send any unsolicited advertising or promotional material (spam); or
(vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
(b) Gardian will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
The intellectual property rights in all software, the Goods and Services and Website content (including photographic images) made available to you on or through this Website remain the property of Gardian or its licensors and are protected by copyright laws and treaties around the world. Gardian and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law, Gardian hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This disclaimer does not affect Gardian's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Gardian and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Gardian.
You agree to indemnify, defend and hold harmless Gardian, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
(a) Our privacy policies, which set out how we will use your information, can be found at:
(i) General Privacy Policy - https://www.gardian.com.au/en/legal/privacy-policy
(ii) Insurance Privacy Policy: https://www.gardian.com.au/en/legal/terms-of-service
(iii) Financial Planning Privacy Policy: https://www.gardian.com.au/en/mackay-financial-planning
(b) By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. Our complaints handling procedure can be found at https://www.gardian.com.au/en/legal/complaints-and-disputes