Legal
Terms and Conditions
1. Introduction and acceptance of terms
1.1 These Terms and Conditions (Terms) govern your access to and use of the Contega website at contega.com.au (Website) and the insurance broking and risk advisory services provided by Contega Pty Ltd (ABN 87 703 185 451) trading as Contega Risk Advisory (Contega, we, us, our).
1.2 By accessing or using the Website or our services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Website or our services.
1.3 These Terms should be read together with our Privacy Policy and our Financial Services Guide (FSG).
1.4 We may update these Terms from time to time by publishing the revised Terms on the Website. Continued use of the Website or our services after the effective date of the changes constitutes your acceptance of the revised Terms.
2. Definitions
In these Terms:
- AFCA means the Australian Financial Complaints Authority (ABN 80 172 906 462), or its successor body.
- Corporations Act means the Corporations Act 2001 (Cth).
- FSG means a financial services guide within the meaning of the Corporations Act.
- General Advice means financial product advice that does not take into account a person's particular objectives, financial situation or needs, within the meaning of the Corporations Act.
- Insurance Services means the insurance broking and risk advisory services provided by Contega.
- Licensee means Bellrock Advisory Pty Ltd (ABN 78 611 143 410), holder of Australian Financial Services Licence number 520 281, under whose licence Contega provides financial services.
- Personal Information has the meaning given in the Privacy Act 1988 (Cth).
3. Use of the Website
3.1 The content on the Website is general information only. It does not take into account your objectives, financial situation or needs and is not personal advice. You should consider whether any information is appropriate for you and obtain and read the relevant Product Disclosure Statement before making any decision about an insurance product.
3.2 You must not use the Website in any manner that breaches applicable law, interferes with its operation or security, or uses any automated tool (including robots, scrapers or crawlers) to access or copy content from it other than as expressly authorised.
3.3 We aim to keep the Website available but do not guarantee uninterrupted or error-free access.
4. Insurance broking services
4.1 AFSL disclosure and regulatory status
Contega provides insurance broking services as a Corporate Authorised Representative (CAR Number 001319809) of Bellrock Advisory Pty Ltd (ABN 78 611 143 410), which holds Australian Financial Services Licence number 520 281 (the Licensee). Contega is authorised by the Licensee to deal in and provide general advice on general insurance products. Contega does not hold its own Australian Financial Services Licence; it provides financial services under the Licensee's licence.
As an insurance broker, Contega acts on behalf of its clients (not on behalf of any insurer) when arranging and placing insurance products. Contega's duty is to act in the best interests of clients in relation to the financial services it provides.
4.2 Financial Services Guide
Contega will make available a Financial Services Guide issued under the Licensee's AFSL (No. 520 281). The FSG sets out information about Contega and the Licensee, the financial services offered, remuneration arrangements, and the complaints process. The current FSG is available on the Website and will be provided to you upon request.
4.3 Nature of advice
Unless Contega expressly states in writing that it is providing personal advice to you (being advice that takes into account your particular objectives, financial situation and needs), all financial product advice provided by Contega constitutes General Advice only.
General Advice does not take into account your individual circumstances, objectives, financial situation or needs. Before acting on any General Advice, you should consider whether it is appropriate for you, having regard to your own objectives, financial situation and needs. You should obtain and consider any relevant Product Disclosure Statement (PDS) before making any decision about a financial product.
Contega's Insurance Services are focused on commercial insurance. Contega does not provide advice in relation to life insurance, superannuation or any financial product outside the scope of its authority as a Corporate Authorised Representative of the Licensee.
4.4 Remuneration and commission disclosure
Contega may receive remuneration from insurers in the form of commissions, fees, volume bonuses or other payments in connection with the placement of insurance products. Details of remuneration arrangements will be disclosed in the FSG and, upon request, in a Statement of Advice (if personal advice is provided).
Commission is typically calculated as a percentage of the insurance premium (excluding applicable taxes and government charges). Contega will disclose the approximate amount or range of commission it expects to receive before placing any insurance product on your behalf.
The existence of commission arrangements does not affect the obligation of Contega to act in your best interests where required by law.
4.5 No guarantee of coverage
Contega's role is to assist you in identifying and placing appropriate insurance products with insurers. Contega does not guarantee that any particular insurance product will be available, that coverage will be granted, or that any claim will be paid.
The existence of an insurance policy depends on the terms and conditions of that policy as agreed between you (or the insured) and the relevant insurer. Contega is not a party to any insurance contract.
You are responsible for reviewing all insurance documentation, including the relevant PDS, the policy wording, and any endorsements or exclusions, to ensure that the coverage meets your needs.
4.6 Duty to take reasonable care not to make a misrepresentation
Under the Insurance Contracts Act 1984 (Cth), you have a duty to take reasonable care not to make a misrepresentation to an insurer before entering into a contract of insurance, renewing a contract, or varying the terms of a contract of insurance.
If you fail to comply with this duty, the insurer may be entitled to reduce the amount it pays on a claim, refuse to pay a claim, or avoid the contract of insurance entirely.
Your duty to take reasonable care applies when you first take out a policy, when you renew a policy and when you vary a policy. Please contact us if you are unsure about your disclosure obligations.
4.7 Claims handling
Contega may assist you in lodging and managing insurance claims with insurers as part of its insurance broking services. Claims management services are provided as a courtesy and do not constitute a guarantee of the outcome of any claim.
All claims must be lodged in accordance with the requirements of the relevant insurance policy and within any applicable time limits. You are responsible for complying with all claims notification and claims management requirements of the relevant policy.
Where Contega provides claims management services, it does so as agent for the insured. Contega does not act as agent for the insurer in connection with claims handling.
4.8 Cooling-off rights
If you are a retail client (within the meaning of the Corporations Act), you may have a right to return a financial product within a cooling-off period. Cooling-off rights depend on the type of financial product and the applicable legislation. Contega will inform you of any applicable cooling-off rights before or at the time of placing any insurance product on your behalf.
4.9 Complaints
Complaints about our services may be made under our Complaints and Disputes Policy, to the Licensee's complaints process at Bellrock Advisory Pty Ltd (ABN 78 611 143 410, AFSL 520 281), or to AFCA at www.afca.org.au or 1800 931 678. Time limits apply to making a complaint with AFCA.
4.10 Regulatory compliance
Contega's Insurance Services are subject to, and Contega complies with, all applicable requirements of the Corporations Act and relevant ASIC instruments and regulatory guides; the Insurance Contracts Act 1984 (Cth); the Australian Securities and Investments Commission Act 2001 (Cth); the Insurance Brokers Code of Practice; the Privacy Act 1988 (Cth) and Australian Privacy Principles; and all other applicable Commonwealth and State legislation and regulatory requirements.
5. Confidentiality
Each party will keep confidential the other party's confidential information, use it only for the purposes of these Terms, and disclose it only to employees, officers, contractors and professional advisers who need to know it and are bound by confidentiality obligations, or as required by law.
6. Privacy
We collect, hold, use and disclose Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy.
7. Intellectual property
All intellectual property rights in the Website and its content (including text, graphics, logos and design) are owned by Contega, the Cohabit Group or their licensors. You must not reproduce, republish or commercially exploit any Website content without our prior written consent.
8. Warranties and Australian Consumer Law
8.1 Except as expressly stated in these Terms, the Website is provided on an "as is" and "as available" basis, without any warranty of any kind, to the maximum extent permitted by law.
8.2 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, condition or warranty, implied or conferred by the Australian Consumer Law, to the extent that such exclusion, restriction or modification would be void or unenforceable under applicable law. To the extent permitted by law, our liability for a breach of a non-excludable guarantee, condition or warranty in the case of services is limited to resupplying the services or paying the cost of having the services resupplied.
9. Limitation of liability
9.1 To the maximum extent permitted by law, we will not be liable to you or any other person for any economic loss, loss of revenue, loss of profits, loss of opportunity, loss of data or any other indirect or consequential loss arising in connection with the Website or these Terms.
9.2 Nothing in these Terms limits or excludes our liability for fraud, criminal conduct or wilful misconduct, or any liability that cannot be excluded by law.
10. Dispute resolution
10.1 If a dispute arises in connection with these Terms, the party raising the dispute must give written notice to the other party identifying the nature of the dispute in reasonable detail, and the parties must endeavour in good faith to resolve it within 20 business days.
10.2 If the dispute is not resolved within that period, either party may refer it to mediation conducted in Sydney, New South Wales by a mediator agreed between the parties or, failing agreement within 5 business days, appointed by the President of the Law Society of New South Wales.
10.3 Nothing in this clause limits a retail client's right to lodge a complaint with AFCA, or prevents either party from seeking urgent relief from a court.
11. General
11.1 These Terms are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales.
11.2 If any provision of these Terms is held to be invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force and effect.
11.3 A failure or delay in exercising any right under these Terms does not operate as a waiver of that right.
11.4 Notices to Contega must be in writing and sent to insurance@contega.com.au or to Level 9, 32 York Street, Sydney NSW 2000.