WEBSITE TERMS AND CONDITIONS OF USE
This amount is provided for illustrative purposes only and does not guarantee that every client will achieve the same result.
Insurance payouts vary depending on individual circumstances, including but not limited to the extent of storm damage, policy terms, insurer acceptance, property condition, and other relevant factors.
No guarantee is made that you will receive any specific settlement amount, cash payout, or roof replacement.
Past results are not a reliable indicator of future outcomes.
Easy Hail Claim Pty Ltd does not provide legal, financial, or insurance advice.
You should carefully assess your own situation and seek independent advice if necessary.
By engaging our services, you acknowledge and accept that results may vary.
1. About the Website
Welcome to www.easyhailclaim.com.au (the "Website"). The Website
provides Insurance Claim Management and free roof inspections (the "Services").
The Website is operated by Easy Hail Claim PTY LTD (ABN 77651461684). Access to and use of the Website, or any of
its associated Products or Services, is provided by Easy Hail Claim PTY LTD. Please read these terms and
conditions (the "Terms") carefully. By using, browsing and/or reading the Website, you agree to be bound by the
Terms. If you do not agree, you must cease using the Website or any Services immediately.
Easy Hail Claim PTY LTD reserves the right to review and update the Terms at any time. Changes take immediate
effect upon publication. We recommend you keep a copy for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept them by clicking to agree where this option
is provided by Easy Hail Claim PTY LTD in the user interface.
3. Registration to Use the Services
To access the Services, you must register for an account through the Website (the "Account").
During registration or continued use, you may be required to provide personal information including:
- Email address
- Mailing address
- Telephone number
You warrant that all information provided is accurate, correct, and up to date.
Upon successful registration, you become a registered member of the Website ("Member") and agree to the Terms.
You may not use the Services or accept the Terms if you are not of legal age or are barred under relevant laws.
4. Your Obligations as a Member
- You will only use the Services as permitted by law and the Terms.
- You are responsible for the confidentiality of your password and email.
- You must notify us of any unauthorized use or breach of security.
- You may only use the Website for purposes related to the Services provided by Easy Hail Claim PTY LTD.
- You will not use the Website for unauthorized commercial activities or spam.
- Commercial advertisements, affiliate links, or solicitations may be removed without notice.
- Automated use of the Website or Services is prohibited.
5. Payment
Where applicable, payment for Services ("Services Fee") can be made via:
- Electronic Funds Transfer (EFT)
- Credit Card
- Cash
All payments are made using [insert payment provider]. By paying, you agree to their terms and conditions.
If your payment is declined or returned, you are responsible for any associated fees.
Easy Hail Claim PTY LTD reserves the right to vary the Services Fee at any time.
6. Refund Policy
Refunds are only issued if Easy Hail Claim PTY LTD cannot provide the Services, or at management's discretion
under reasonable circumstances ("Refund").
7. Copyright and Intellectual Property
All Website content is protected by copyright laws. Unless otherwise stated, all rights are owned by Easy Hail
Claim PTY LTD or its contributors.
You are granted a limited license to:
- Use the Website as per the Terms
- Copy and store Website material in cache memory
- Print Website pages for personal, non-commercial use
No other rights are granted. You may not reproduce, republish, transmit, or adapt any content without prior
written permission, except where allowed by law or the Terms.
8. Privacy
Your privacy is important to us. Information collected via the Website or Services is subject to our Privacy Policy.
9. General Disclaimer
Nothing in the Terms excludes consumer guarantees under Australian law.
To the extent permitted by law:
- All non-express terms are excluded.
- Easy Hail Claim PTY LTD is not liable for indirect, incidental, or consequential damages.
Use of the Website and Services is at your own risk. Everything is provided "as is" and "as available."
We are not responsible for:
- Technical failures or data loss
- Third-party content accuracy
- Costs arising from your use of the Website
- External links or resources
10. Limitation of Liability
Our total liability is limited to resupplying the Services to you.
We are not liable for any direct or indirect loss beyond this, to the extent permitted by law.
Limitation of liability
Easy Hail Claim PTY LTD's total liability arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity, under statute or otherwise,
will not exceed the resupply of the Services to you.
You expressly understand and agree that Easy Hail Claim PTY LTD, its affiliates, employees, agents, contributors
and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Easy Hail Claim PTY LTD as set out below.
If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing Easy Hail Claim PTY LTD with 1 day's notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Easy Hail Claim PTY LTD has made this
option available to you.
Your notice should be sent, in writing, to Easy Hail Claim PTY LTD via the 'Contact Us' link on our homepage.
Easy Hail Claim PTY LTD may at any time terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Easy Hail Claim PTY LTD is required to do so by law;
- the provision of the Services to you is, in the opinion of Easy Hail Claim PTY LTD, no longer commercially
viable.
Subject to local applicable laws, Easy Hail Claim PTY LTD reserves the right to discontinue or cancel your
membership at any time and may suspend or deny your access to all or any portion of the Website or Services
without notice if you breach any provision of the Terms, applicable law, or your conduct impacts Easy Hail Claim
PTY LTD’s name, reputation, or violates the rights of another party.
Indemnity
You agree to indemnify Easy Hail Claim PTY LTD, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on
a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do
so; and/or
- any breach of the Terms.
Dispute Resolution
Compulsory
If a dispute arises out of or relates to the Terms, neither party may commence Tribunal or Court proceedings
unless the following steps have been followed (except where urgent interlocutory relief is sought).
Notice
A party claiming a dispute ('Dispute') must give written notice to the other party outlining the nature of the
dispute, the desired outcome, and the action required to settle it.
Resolution
- Within 90 days of receiving the Notice, both parties must attempt in good faith to resolve the Dispute by
negotiation or other mutually agreed means;
- If unresolved after 14 days, both parties must agree on a mediator or request one be appointed by the
President of QCAT or their nominee;
- Both parties share equally the mediator's fees, reasonable expenses, and venue costs, and each pays their
own associated costs;
- Mediation will take place in Brisbane, Australia.
Confidential
All communication during the dispute resolution is confidential and considered "without prejudice" negotiations
under applicable evidence laws.
Termination of Mediation
If 7 days pass after mediation begins and the Dispute is not resolved, either party may request the mediator to
terminate the process, and the mediator must do so.
Venue and Jurisdiction
The Services are intended for Australian residents. In the event of a dispute, you agree the exclusive venue for
resolution is the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia, and any disputes shall be interpreted and enforced
under those laws without reference to conflict of laws principles. These Terms bind both parties and their
successors or assigns.
Independent Legal Advice
Both parties confirm that they find the Terms fair and reasonable, have had the opportunity to seek independent
legal advice, and do not consider the Terms contrary to public policy due to inequality, bargaining power, or
restraint of trade.
Severance
If any part of the Terms is deemed void or unenforceable by a competent court, that part will be severed, and the
remaining provisions will remain in effect.
Approved by
Signature: MATT MALOUF
Full Name: Matt Malouf
Date: 30/6/21