Terms of Use

The following terms govern your access and use of AWP's online secure Partner Travel Portal system (AWP System). If you are accessing and using the AWP System as an authorised user of a company, partnership, association, trust, governmental or local authority or agency or other entity (each a Company), these terms are also binding on the Company. User refers to you and the Company (if any), unless the context dictates otherwise. AWP refers to AWP Australia Pty Ltd and its related bodies corporate as defined by the Corporations Act 2001 (Cth).

By accessing, browsing and/or using the AWP System, the User acknowledges that the User has read, understood and agrees to be bound by these terms and to comply with all applicable laws and regulations. If the User does not agree to these terms, the User must not use the AWP System and immediately log off.

AWP may vary these terms from time to time and the terms that are current at the time of accessing or using the AWP System will apply to that access or use.

1. Provision of access to AWP System

   (a) AWP will provide the User with access to the AWP System through a unique user ID and password. All changes to User passwords, contact details and authorisations must be approved and effected by AWP.

   (b) Company Users: (1) will be provided with unique user IDs and passwords for up to the maximum number of authorised users permitted pursuant to prior agreement between AWP and the Company User; (2) must ensure that no more than the agreed number of authorised users access and use the AWP System; (3) must take all reasonable steps to ensure that their authorised users comply with these terms; (4) must notify AWP when an authorised user is no longer entitled to access and use the AWP System so that AWP may cancel that unique user ID and password and issue a new unique user ID and password for a replacement User, where applicable; and (5) are liable for the acts and omissions of their authorised users and all activity under their allocated unique user IDs and passwords.

   (c) Once a unique user ID and password has been allocated to a User, they may not be transferred to any other person without AWP's prior written approval.

   (d) Each User acknowledges and agrees that: (1) Users must not share their unique user IDs and passwords and that it will keep its unique user ID and password secure and confidential; and (2) a unique user ID and password will expire after 90 days of inactivity, upon which a User will be required to apply for a new unique user ID and password to continue accessing and using the AWP System; (3) Users will comply with any applicable laws including the Privacy Act 1988, and will also comply with the Privacy Policy set out in this Site Disclaimer.

2. Service Levels

   (a) AWP may exercise its sole discretion in relation to any aspect of the AWP System (including its configuration) and the nature and manner of the technical support it provides in relation to the AWP System.

   (b) Without limiting clause 8(a), AWP shall not be responsible: (1) for failure to meet any level of service by it, its service providers or the AWP System; (2) for any errors or omissions by AWP or relating to the AWP System; or (3) for any unavailability of, or inability to access, or outages of the AWP System, whether these arise through something within AWP’s reasonable control or otherwise, including faults due to telecommunications failures or faults, defective networks or internet connections, any computer program virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data ("Harmful Code"), defective equipment utilised by the User or AWP or incorrect operation by the User of its own access facilities.

3. User's Facilities

   (a) Unless otherwise agreed with AWP, User shall be responsible for providing, at its own cost, its own internal facilities (including terminal, software, modem and telecommunications facilities and internet access) necessary for accessing and using the AWP System. If AWP does provide any material, software, hardware or any other facility or service, User will comply with these terms, any other conditions of use that AWP may impose and any obligations AWP may have to third parties, in respect of what has been provided and all references to "AWP System" in these terms will include what has been provided.

   (b) AWP shall, upon request from the User, supply such information and assistance as is reasonably required by the User to enable the User to prepare and install its own connection to the AWP System.

   (c) Notwithstanding sub-clause (b) above, AWP accepts no responsibility for any deficiency in the User's connection to the AWP System.

4. Data and Intellectual Property Rights

   Notwithstanding any prior agreements between the User and AWP, the parties acknowledge and agree that all rights (including all intellectual property rights), title and interest in the Data will be owned by AWP and will vest in AWP on their creation. User acknowledges and agrees that except where expressly stated in these terms, nothing in these terms grants or transfers to the User any rights (including all intellectual property rights), title or interest that may vest in all or any part of the AWP Network, which will remain owned by AWP or its licensors or service provider, are protected by law and are unaffected by these terms. AWP reserves all rights not granted under these terms.

5. Use of the Allianz System

   (a) Users may access and use the AWP System (and any part of the AWP System) solely for the purposes of pursuing or engaging in business transactions between the User or the User's Company (if any) and AWP and for no other purposes.

   (b) Except as set forth in these terms or expressly permitted by the AWP System, User may not copy or reproduce all or any part of the AWP System or the Data in any form or by any means, including information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display, without AWP’s prior written permission. Other than as required by law, User may not disclose, disseminate or distribute all or any part of the AWP System or the Data to any other person. The User may not communicate, publicly use or reprint excerpts from any part of the AWP System or any Data without AWP's prior written consent. User shall use all copies, reproductions and reprints in accordance with these terms.

   (c) While accessing and using the AWP System, the User must not use the AWP System in any manner, perform any action or undertake any activity that does or has the potential to mislead, deceive, defraud or cause harm or damage to the AWP System, AWP or any other person.

   (d) Each User undertakes to notify AWP as soon as possible after it becomes aware of any failure, or manifest, obvious or suspected fault, error or malfunction, of all or any part of the AWP System or the Data.

   (e) Each User represents and warrants that all Data supplied by it to AWP are, and will be, complete, true and accurate in all respects.

   (f) The information in the AWP System and all Data have been obtained from sources that AWP believes to be reliable (including from Users) and are provided for information purposes only. Users should make their own independent assessment and obtain their own professional advice on their obligations and compliance requirements under applicable laws, regulations and industry codes. The information in the AWP System is current as at their publication date and may change from time to time. AWP has no obligation to advise Users of any such changes and it is the User's responsibility to check the AWP System or with AWP for the most current version of the information.

6. Security and Restrictions

   (a) Security Precautions. Each User agrees that it: (1) will install software, to the extent available, to ensure that only authorized users have access to the AWP System and the Data; and (2) has installed appropriate security, Harmful Code and firewall protection. Each User must notify AWP promptly if it becomes aware of any unauthorised use of its user ID(s), password(s), the AWP System and/or the Data.

   (b) Prohibited Uses. Users will NOT:

   • Copy all or any part of the Data or AWP System for any unapproved purpose;
   • Reverse engineer, decompile, disassemble, translate or convert AWP provided intellectual property rights or software to human readable (source code) form (except as may be permitted under copyright law);
   • Circumvent any encrypted data or gain access to data that it is not authorised to access; and/or
   • Use the AWP System in any manner which violates these terms or any applicable laws.

7. Monitoring/Audit

   Each User acknowledges that AWP may monitor on-line activity by Users. In addition, each Company User must also inform all its authorised users that AWP may monitor their on-line activity. Upon request, each User agrees to provide AWP with reasonable evidence of compliance with these terms. AWP or its nominee may audit a User, to verify the User's compliance with these terms, during the User's regular business hours. User agrees to provide AWP and/or its nominee with all assistance and co-operation that they may reasonably require to conduct and complete such audits.

8. Warranty Disclaimer

   (a) Warranty Disclaimer. The AWP System and all Data are provided on an "as is" basis. To the extent permitted by law and subject to any statutory guarantees or warranties including the Australian Consumer Law and as provided in clause (b) below, AWP and its licensors and service providers do not make any representations or warranties in relation to the AWP System and the Data, including any representations or warranties that all or any part of the AWP System or Data will: (1) meet User requirements; (2) always be available or accessible; (3) be uninterrupted or error free; (4) be free of all faults or defects; (5) be free of all Harmful Code; (6) be complete, true and accurate; and (7) not breach any third party rights (including any intellectual property rights) including those parts of the AWP System that are or may be developed using open source software. AWP expressly disclaims and excludes any liability to any User for any of these events where permitted by law.

   (b) Disclaimer of all other warranties. This clause does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would: (1) contravene that statute; or (2) cause any part of this clause to be void. AWP excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ("Non-excludable Condition"). AWP 's liability to a User for breach of any express provision of these terms or any Non-excludable Condition (other than an implied warranty of title) or in relation, in any way, to the User's access to and use of the AWP System and/or Data, is limited, at AWP 's option, to refunding the price of the goods or services in respect of which the breach or claim occurred or to providing, replacing or repairing those goods or providing those services AWPin (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which AWP 's liability is not limited under these terms).

9. Limitation of liability

   AWP, its licensors and service providers shall not, but subject always to any statutory right to damages or other relief granted by the Australian Consumer Law, be liable for direct, consequential, indirect, special or incidental damages or any damages for lost profits, business failure or property or equipment loss or damage, arising out of the access to or use of all or any part of the AWP System or Data, whether or not they have been advised of the possibility of such damages.

10. Cancellation of AWP System or access to AWP System

    Subject to the terms of any other written agreement between AWP and the User, the User acknowledges that AWP may, at its sole discretion and at any time and for its convenience, and subject to any rights or remedies granted by the ACL, without liability, substitute or terminate all or any part of the AWP System and/or terminate a User's right to access and use all or any part of the AWP System and/or Data. AWP may also require the User to return to AWP any software, hardware, materials and Data supplied by AWP and all records and copies of the same. AWP will use reasonable endeavours to provide the User with notice of such substitution or termination.

11. Miscellaneous

    (a) Applicable Law. These terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without reference to its conflict of law principles. The parties agree to submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.

    (b) User Confidential Information. User agrees to keep confidential any information communicated to the User by AWP in connection with these terms or as a result of the User's access to and use of the AWP System and/or Data. This obligation of confidence shall not apply to any information that: (1) is in the public domain at the time of its communication; (2) is independently developed by the User; (3) enters the public domain through no fault of User; or (4) is in User's possession free of any obligation of confidence to AWP. Additionally, User may disclose such information to the extent required by law or a competent regulatory body.

    (c) Further actions. Each party must use its best efforts to do all things necessary or desirable to give full effect to these terms.

12. Privacy

    Privacy is important to us. All Users of this site must comply with the Privacy Act 1988. By using this Portal, Users agree as follows:-

    By providing personal information including that of third parties such as customers, you (the User) confirm you have provided a copy of the Allianz Worldwide Partners Privacy Policy (whether via the PDS or otherwise) to the third party and confirm that you have obtained the third party’s consent for us to collect, use, and disclose their personal information in accordance with that Privacy Policy. Amongst other things, we collect, use, and disclose personal information to arrange and provide the services and for associated administrative purposes such as to process and investigate claims, handle disputes, and for loss recovery. We also collect and use it for ancillary purposes such as product development, marketing, research, data analytics, IT systems testing and maintenance, and for certain other purposes if we have obtained consent. The personal information we collect may be disclosed to third parties (some of whom may be situated in other countries such as France, India, or Thailand) who assist us in carrying out the above business activities and functions. These third parties include our service providers (such as data handling and storage providers) and business partners, legal and other professional advisers, and our related and group companies including Allianz. You agree that while overseas providers will often be subject to confidentiality or privacy obligations, they may not always follow the particular requirements of Australian privacy laws. Those persons providing their personal information can seek access to and ask us to correct their personal information (but not the personal information of others without the other person’s express consent or unless they are dependants under 16 years of age) by contacting us. In cases where we do not agree to give access, we will provide reasons.

    If you or third parties providing their personal information have questions or a complaint about privacy, please contact us at: The Privacy Officer, Allianz Worldwide Partners, PO Box 162, Toowong, Queensland, 4066. You can also contact the Privacy Commissioner at the Office of The Australian Information Commissioner, GPO Box 2999, Canberra, ACT 2601.

    For more information about our handling of personal information, please see our full privacy policy available on request or view it on the web at www.allianz-assistance.com.au under the Privacy & Security tab.

    If you or a customer do not agree to the above or will not provide us with personal information, we may not be able to provide you or the customer with our services or may not be able to process the customer’s claim.