1. RACV Online
1.1. The Royal Automobile Club of Victoria (RACV) Ltd (ABN 44 004 060 833) (us, we, our) operates a number of websites. These include:
1.1.1. the main RACV website (racv.com.au) (the 'Website');
1.1.2. the free2go website;
1.1.3. social media site(s) (Social Media Sites) as operated by RACV from time to time;
1.1.4. My Membership Online
1.1.5. the RACV competition page
Throughout these terms and conditions, we will refer to the above sites collectively as the RACV Online Sites.
1.2. RACV Insurance (including home and car insurance) is issued by Insurance Manufacturers of Australia Pty Ltd ABN 93 004 208 804 AFS Licence 227678. Before making any decisions, please consider your own circumstances and the Product Disclosure Statement - for a copy call 13 RACV (13 7228) or go to racv.com.au.
1.3. RACV Business Insurance and RACV Farm Insurance is issued by Insurance Australia Limited ABN 11 000 016 722 AFS Licence No. 227681. Before making any decisions, please consider your own circumstances and the Product Disclosure Statement before buying - for a copy call 13 RACV (13 7228) or go to racv.com.au.
1.4. RACV Travel Insurance issued by Tokio Marine & Nichido Fire Insurance Co., Ltd (Tokio Marine & Nichido) ABN 80 000 438 291 AFSL 246548. This is general advice only. Please review the combined PDS and FSG available from racv.com.au or by phoning 13 13 29.
1.5. RACV Finance is subject to RACV lending criteria. Conditions, fees and charges apply. R.A.C.V. Finance Limited ABN 82 004 292 291 Australian Credit Licence No. 391488.
2. Conditions Of Use
2.1. Your use of the RACV Online Sites is governed by these terms and conditions and any additional terms and conditions posted on any of the RACV Online Sites from time to time ('Terms').
2.3. By participating and continuing to use the RACV Online Sites you indicate your consent and agreement to these Terms.
3. Completing a transaction on the RACV Online Sites
3.1. You can purchase various RACV products and services online as either:
3.1.1. a logged in user of the MMO (see section 5); or alternatively
3.1.2. as a visitor (or non-logged in member) to the RACV Online Sites.
3.2. To create a valid transaction with RACV via the RACV Online Sites you will need to follow the steps and comply with the Terms set out below.
3.3. All inquiries, applications, variations and other actions completed by you when using the RACV Online Sites are subject to and must comply with RACV’s normal acceptance criteria and are governed by RACV’s normal terms and conditions applying to each product or service.
3.4. Terms and conditions for insurance products can be found in the relevant product disclosure statement for the product or policy. Terms and conditions for other RACV products and services (such as Emergency Roadside Assist) can be accessed on the page of the Website relevant to the particular product (or can be requested by calling 13 RACV).
3.5. Your transaction on the RACV Online Site will not be complete until we have received and processed your confirmation. Your confirmation means any communication issued or transmitted by you to us (via the RACV Online Sites or other electronic means) containing your acceptance in relation to our offer or your confirmation of payment, whichever is applicable.
3.6. If, for whatever reason, we do not receive confirmation of payment, you acknowledge and agree that we are not liable to you in any way for loss or damage (however caused, directly arising out of, or indirectly in connection with the transmission of your confirmation to us.
4. Purchasing insurance policies
4.1. Where you use the RACV Online Sites to purchase RACV insurance products or services online:
4.1.1. you can take out an insurance policy using the RACV Online Sites by us making an electronic offer via the RACV Online Sites and you electronically communicating your acceptance of that offer via the RACV Online Sites to us;
4.1.2. we may act on and process all completed instructions that are transmitted or issued by you through the RACV Online Sites (an ‘Online Instruction’) without further consent from or reference to you; and
4.1.3. we may treat an Online Instruction as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting Online Instructions, or to verify the accuracy and completeness of Online Instructions.
4.2. Taking out an insurance policy (and creating an insurance contract) with RACV via the RACV Online Sites is a three-step process:
4.2.1. The first step is to create a quote for the RACV insurance product you have selected. Once you provide us with all required details, we will provide you with a quote, identified by a quote number. A quote is not a contract of insurance and does not provide you with any cover. It is meant to be a guide only. The quote and quote number will remain valid and accessible on the RACV Online Sites for up to 21 days;
4.2.2. If you want to use the RACV Online Sites to purchase the RACV insurance product in accordance with a quote provided to you, then the second step is to answer some further questions. We may ultimately decide not to offer insurance or to offer insurance at a different premium, excess, discount, payment option or with special conditions. Upon successful completion and acceptance by us of those questions we will give you a firm price for new business. You can then accept that price by selecting “Buy Now”.
4.2.3. Finally, you will be requested to select a payment method which may include nominating account details for premium deduction. If you are logged into the MMO, you may be able to select an account that you have previously used with RACV. If you are transacting via other RACV Online Sites you will need to provide us with valid payment details. You will then be provided with a corresponding RACV policy number, Policy Schedule and PDS. Alternatively, you can select ‘Pay Later’ and you can make your payment later or via an alternative method, such as by calling 13 RACV (13 7228), visiting an RACV Shop, BPAY or Australia Post.
4.3. When entering into an insurance contract via the RACV Online Sites, you will be taken to have communicated your acceptance to an offer of insurance from us when:
4.3.1. the Online Instruction containing your acceptance enters and is recorded in our system;
4.3.2. a record is created and stored in our system; and
4.3.3. a policy number is generated and provided by the system.
4.4. If you are making an online payment, payment will be complete when we receive all required details of a current and valid payment card or current and valid financial institution account number (in either case a card/account which you are authorised to use and which is of a card/account type accepted by RACV), and to which RACV is able to charge/debit the premium. You also have the option to pay your premium at an RACV retail outlet, by calling RACV and providing payment details over the phone or by sending a cheque for payment to RACV.
4.5. If you elect to pay your premium by instalments then you may be able to select the particular day of each month your payment will be deducted (after the first double instalment has been deducted) on which your payment card or financial institution account number will be automatically charged/debited for the relevant payment. If you elect to pay your premium by instalments the additional terms and conditions applicable to that payment arrangement will be made available to you as part of your policy documents (whether by way of Product Disclosure Statement, Supplementary Product Disclosure Statement and/or policy schedule), as well as any relevant insurance purchase or variation transaction.
4.6. Your insurance contract is only valid and binding, when we are able to either:
4.6.1. successfully charge against or direct debit your nominated credit card; or
4.6.2. direct debit from your nominated bank account; or
4.6.3. we otherwise receive payment of your applicable premium (either by a single payment or where permitted, in instalments).
4.7. Where a transaction is entered into between RACV and you via the RACV Online Sites, a policy number will be issued by RACV via the RACV Online Sites. However, a binding insurance agreement is not conditional on the issuance of a policy number but is conditional upon RACV receiving your premium payment or your current and valid payment card (or financial institution account number) details and a valid policy commencement date election (and if you elect to pay by instalments a valid direct debit day election.) This means that the failure by you to receive a policy number via the RACV Online Sites does not invalidate or otherwise prejudice the existence of an insurance contract or transaction entered into using the RACV Online Sites.
4.8. RACV will also issue a paper confirmation of the insurance policy. However, the existence of a binding contract is not conditional on RACV issuing, or you receiving, a paper confirmation of the transaction. Although we will always issue a paper confirmation, you are responsible for ensuring that you receive the paper confirmation and it is your responsibility to contact us if you don’t receive one.
4.9. Where you only complete a quote on an RACV Online Site a binding insurance agreement is not created at that time. You will need to convert the quote to a policy and then make your full premium payment or your first double instalment if we have offered this payment option to you and you have agreed to pay us your premium by instalments.
5. Using My Membership Online
MMO allows you to access your personal information and undertake certain transactions online – this may include purchasing an insurance policy, obtaining a certificate of currency for your policy, amending certain parts of your insurance policy, making a renewal payment or taking out a subscription for emergency roadside assist. Some of these transactions can be completed without logging into MMO (such as purchasing an insurance policy). Some transactions require you to be logged in (such as making modifications to your policy or cancelling your insurance).
5.1. Managing your membership on MMO
5.1.1. MMO allows you to view, manage and modify your RACV membership details and your RACV Motor and Home Insurance product details online.
5.1.2. MMO is only accessible to you if you have logged in. To log into MMO you will need to provide certain details that we request on the log-in, registration and/or authentication pages of the MMO.
5.1.3. You will only be able to log into MMO if you hold a current RACV product which entitles you to an RACV membership.
5.1.4. You must not provide details of your Login to any other person and you must not allow any other person to use your Login.
5.1.5. You must not use MMO to access anyone else’s information or to modify the details of any other person without their authority. Criminal penalties may apply if you do so.
5.1.7. You acknowledge and agree that where you use MMO to add, remove or modify certain details, covers, add-ons, features and other aspects of your RACV products and services, these changes may result in an additional premium, payment or sum being payable in relation to the modification. Where this is the case, we will always use our best endeavours to let you know, either at the time you amend your details, or as soon as possible thereafter.
5.2. Cancelling a policy
5.2.1. You may cancel your RACV insurance product using MMO and, provided you do not need to make a claim, we will refund the unexpired portion of any paid premium (less any cancellation processing fee we apply and less any government charges that we are required by law to keep).
5.2.2. The exact amount of any refund due to you will be unknown at the time you cancel your policy. You will need to provide us with an address to which you would like any refund cheque sent. Please note that refund cheques will be issued in the name of all insureds.
5.2.3. Where the policy is held in joint names, any of the co-insured parties may cancel the policy and RACV accepts no responsibility where a policy is cancelled by only one insured under a policy held in joint names.
6. Other Payments and Transactions on the RACV Online Sites
6.1. All payments (including payments for insurance products, renewals, modifications or other services purchased via any RACV Online Site, including MMO) must be paid in full by clear funds by the due date specified in the relevant confirmation.
6.2. All payments must be made by PayPal or permitted payment cards (or permitted financial institution account debits, as relevant) at the time of purchase, renewal or amendment (as the case may be) of the applicable policy or service.
6.3. In the case of a payment card transaction, you must therefore provide us with details of your permitted current and valid payment card, including:
6.3.1. payment card type;
6.3.2. name on payment card;
6.3.3. payment card number;
6.3.4. card verification value (CVV); and
6.3.5. expiry date.
6.4. In the case of a financial institution account debit, you must provide us with details of your permitted current and valid financial institution account, including:
6.4.1. the name of your financial institution;
6.4.2. the full name of the account holder; and
6.4.3. the account number; and
6.4.4. its BSB number (bank/state/branch number).
6.5. Insurance Renewal payments
6.5.1. The RACV Online Sites may let you make renewal payment of certain RACV insurance policies with selected payment cards or PayPal.
6.5.2. Your policy renewal notice will indicate whether online renewal payment is available.
6.5.3. When the renewal payment facility is available, an online renewal payment can be made by following the prompts on the RACV Online Sites.
6.5.4. When making a payment for a policy renewal via the RACV Online Sites, you will be taken to have renewed that policy only when:
a) the Online Instruction containing the policy number, premium amount due and payment card details, and an instruction from you to renew the policy, enters and is recorded in our system;
b) we receive all required details of a current and valid payment card which you are authorised to use, which is of a payment card type accepted by RACV, and to which RACV is able to charge the premium;
i. a record is created and stored in our system;
ii. an RACV receipt number is generated by our system; and
iii. our system is updated with information from the payment system.
6.5.5. A binding insurance contract is conditional on RACV being able to successfully charge against your PayPal account or nominated payment card or bank account and RACV receiving payment of all applicable renewal amounts due for the policy (or policies) being renewed (either in a single payment or where permitted in instalments).
6.5.6. The existence of a valid payment is not conditional on us issuing, or you receiving, a paper confirmation of the transaction. A receipt number will be displayed in MMO. Alternatively, if you elect not to pay through RACV Online Sites and instead pay at an RACV Shop or by calling 13 RACV (13 7228) you can request a receipt when you make your payment.
7. Calculators, games and other features of the RACV Online Sites
7.1. The RACV Online Sites may contain or offer tools, calculators, games, software programs or other features to assist you in choosing the right RACV product or service.
7.2. While RACV has taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.
7.3. Any figures used by these features in calculations are estimates only and may not take account of your particular circumstances.
8. Copyright, trademarks and other Intellectual Property
8.1. What you can do: All the material on the RACV Online Sites is subject to the copyright of RACV or its third party licensors. You must not reproduce any of the material contained on the RACV Online Sites except that you may:
8.1.1. download a copy of the RACV Online Sites to the local hard drive of the computer used to access the site; and
8.1.2. print extracts (hard copies) of the RACV Online Sites, but only for your personal use.
8.2. What you cannot do:
8.2.1. copy , reproduce, alter, modify or display in public any of the material on this RACV Online Sites or otherwise incorporate into or store in any other websites, electronic retrieval system, publication or other work in any form; or
8.2.2. provide a link to the RACV Online Sites from another website without RACV's prior written consent.
8.3. The RACV logo is a registered trademark of RACV. Other trademarks may be displayed on the RACV Online Sites from time to time. These may belong to RACV or to third parties. Nothing displayed on the RACV Online Sites should be construed as granting any licence or right of use of any logo or trademark displayed on the RACV Online Sites, without the express written permission of the relevant owner.
9.1. You must not use the RACV Online Sites for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations and codes of conduct.
9.2. In particular, you agree not to:
9.2.1. use the RACV Online Sites for any other purpose, other than as a legitimate customer or for a non-commercial purpose;
9.2.2. use the RACV Online Sites to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
9.2.3. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
9.2.4. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the RACV Online Sites;
9.2.5. impersonate any person or entity; or
9.2.6. upload, post, email, transmit or otherwise make available using the RACV Online Sites any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
9.2.7. do anything which might disrupt access to or cause damage to or interference with the RACV Online Sites, including using ‘robots’ or other automated ‘form completion’ tools;
9.2.8. take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas connected with the RACV Online Sites and software.
9.3. RACV retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
10.1. RACV makes no representation in relation to and does not warrant that functions available on the RACV Online Sites will be uninterrupted or error free, that defects will be corrected, or that the RACV Online Sites or the server that makes it available are free of viruses or bugs.
10.2. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.1. Use of any personal data that you provide to us is governed by our Privacy Charter.
12.1. Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on the RACV Online Sites, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any advertising material published on the RACV Online Sites.
13. Linking to the RACV Online Sites
13.1. If you wish to establish a link to the RACV Online Sites you must, in the first instance, use the Contact Us link at the top of the page and provide the following information:
13.1.1. the URL of the RACV Online Sites that you seek to establish a link from;
13.1.2. a brief description of your website; and
13.1.3. the reason that you wish to establish a link.
13.2. If RACV agrees to your proposed link, you must comply with any terms and conditions imposed by RACV as a condition of such agreement. If the nature and/or content of your RACV Online Sites changes in any significant way, you must contact RACV and provide a new description of your RACV Online Sites.
14. Contributed material
14.1. If you wish to submit Material to the RACV Online Sites (particularly the Social Media Sites), you agree to do so on the additional terms and conditions set out in this clause 14.
14.2. When you submit user contributed material, including text, images and photos ('Material') to the RACV online sites, unless RACV advises otherwise , you license and grant RACV, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Material for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.
14.3. In particular, RACV reserves the right to do any of the following:
14.3.1. select Material to be displayed on the RACV Online Sites;
14.3.2. remove any Material at any time;
14.3.3. amend, alter, edit or delete any Material you submit without any right of attribution to you; and
14.3.4. use any photos submitted as Material in any way that RACV sees fit.
14.4. In submitting Material, you:
14.4.1. warrant that any Material you submit is your own work and that you own all intellectual property rights in it; and
14.4.2. warrant that any Material you submit for publication or which is published on any RACV Online Site.
14.5. When contributing Material to the RACV Online Sites, you must not include:
14.5.1. information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs;
14.5.2. personal information, or the personal details of others such as phone numbers, mail or email addresses;
14.5.3. offensive or otherwise unsuitable images of a sexual or other inappropriate nature;
14.5.4. gratuitous swearing, profanity or spiteful remarks;
14.5.5. spamming, flaming or typing in ALL CAPS;
14.5.6. reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use;
14.5.7. false or misleading or deceptive information; or
14.5.8. misinformation or rumour.
15.1. The information contained on the RACV Online Sites is for general information purposes only. You must not rely on any statement contained in the RACV Online Sites without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained on the RACV Online Sites, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
15.2. In particular, we make no representations or warranties and exclude all liability:
15.2.1. in relation to any of the material of the RACV Online Sites (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
15.2.2. in relation to any material of any other websites referred to or accessed by a hyperlink through the RACV Online Sites ('Third Party Websites'). We do not endorse or approve the material of any Third Party Website, nor will we have any liability in connection with any Third Party Website howsoever arising; or
15.2.3. that the RACV Online Sites or any of its material is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using the RACV Online Sites.
16. Liability and indemnity
16.1. You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on the RACV Online Sites.
16.2. RACV does not exclude any rights and remedies available to you in terms of the Australian Competition and Consumer Law (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the RACV Online Sites which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
16.3. To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
16.3.1. in the case of services supplied or offered by us:
a) the re-supply of those services; or
b) the payment of the cost of having those services re-supplied; and
16.3.2. in the case of goods supplied or offered by us:
a) the replacement of the goods or the supply of equivalent goods; or
b) the repair of the goods;
c) the payment of the cost of having the goods replaced; or
d) the payment of the cost of having the goods repaired.
16.4. You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:
16.4.1. the use of or access to, or any inability to use or access, the RACV Online Sites or any material on the RACV Online Sites;
16.4.2. unauthorised access to or alterations of your transmissions or data; or
16.4.3. statements or conduct of any third party on the RACV Online Sites.
16.4.4. any goods purchased through the RACV Online Sites.
17.1. Variations: These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.
17.2. Severability: If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
17.3. Waiver: The failure or delay of the RACV to exercise or enforce any right in these terms does not waive the RACV's right to enforce that right.
17.4. Applicable law: The information on the RACV Online Sites is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
17.5. Ownership: All contents of the RACV Online Sites are copyright © 2011 Royal Automobile Club of Victoria (RACV) Ltd (ABN 44 004 060 833) and/or our licensors. All rights reserved.