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Terms of Use

1  Introduction and acceptance

These Terms of Use govern your access to and use of the StateCover Mutual Limited (“StateCover Mutual”, “we”, “us”, “our”) website and the digital platforms Taysols and Figtree accessible through it (the “Website”). The Website is operated by StateCover Mutual, a workers compensation insurer serving local government organisations in New South Wales, Australia.

By accessing or using this Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use this Website.

2  Definitions

“Content” means all information, data, text, graphics, images, documents, and other materials available on the Website.

“Member” means a local government organisation in NSW that holds a workers compensation insurance policy with StateCover Mutual.

“User” means any person who accesses or uses the Website, including Members and their authorised representatives.

3  Access to restricted areas

3.1  Access restrictions

Certain areas of the Website, including but not limited to the Figtree incident notification platform and Taysols performance reporting platform (SMART), are restricted to Members and their authorised representatives. To obtain access, an account needs to be created and authorisation approved, which can be granted by contacting memberservices@statecover.net.au.

3.2  Account creation

To access restricted areas on the Website, you must create an account. In doing so, you agree to:

  • Provide accurate, current and complete information during the registration process
  • Maintain and promptly update your account information when there are any material changes
  • Keep your login credentials confidential
  • Be responsible for all activities that occur under your account
  • Notify us immediately of any unauthorised access or security breach.

3.3  Authorised use

Whenever you access restricted areas on the Website as a representative of a Member, you represent and warrant that you are authorised to act on behalf of your Member organisation and to bind that organisation to these Terms of Use.

4  Use of the Website

4.1  Permitted use

You may use the Website for lawful purposes only, including:

  • Accessing information about StateCover Mutual and resources relevant to Members
  • Communicating with StateCover Mutual
  • Notifying incidents and workplace injuries
  • Retrieving and reviewing claims data
  • Uploading documents relevant to your organisation’s incidents and claims.

4.2  Prohibited conduct

You must not:

  • Use the Website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorised access to any restricted portion of the Website or any systems or networks connected to the Website
  • Upload or transmit any viruses, malware, or other malicious code
  • Interfere with or disrupt the Website or servers or networks connected to the Website
  • Use the Website to transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable material
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Copy, collect or harvest any information about other Users
  • Use automated systems or software to extract data from the Website without our express written permission.

5  Incident notification and document uploads

5.1  Accuracy of information

When reporting incidents or uploading documents through the Website, you must ensure that all information provided is accurate, current and complete, to the best of your knowledge.

5.2  Document upload requirements

You must ensure that you only upload documents through the Website that are:

  • Relevant to incidents, claims, or your relationship with StateCover Mutual
  • Free from viruses, malware, or other malicious code
  • Not infringing upon any third party’s confidentiality, intellectual property rights, privacy rights, or other rights
  • Appropriate and lawful.

5.3  Licence to uploaded documents and information

By uploading documents or submitting information through the Website, you grant StateCover Mutual a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted worldwide licence to use, store, reproduce, process and publish those documents and information for the purposes of providing services to you and fulfilling our obligations as your insurer.

6  Intellectual property rights

6.1  Ownership

All Content on the Website is the property of StateCover Mutual or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

6.2  Limited licence

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its Content solely for your personal use or for your internal business purposes as a Member. You agree not to use the Website and its Content for any other purpose without our prior approval in writing.

6.3  Restrictions

You must not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Content without our express written permission
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Use our name, logo, or trademarks without our prior written consent.

7  Privacy and data protection

7.1  Personal information

By using the Website, you consent to our collection, storage, use and disclosure of personal information in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference. We take reasonable steps to protect collected personal information from misuse, loss, unauthorised access, interference, modification and disclosure., We will not disclose your personal information for any purpose other than the purpose for which it was collected, except where permitted or required by applicable privacy laws.

7.2  Claims and incident data

Information provided through incident notification and claims processes will be handled in accordance with applicable privacy laws and our Privacy Policy.

We use and disclose this personal information for the purpose for which it was collected or as otherwise permitted or required by law. This information may be shared with relevant parties in the ordinary course of our business. For a full list of circumstances that we may disclose your personal information please view our Privacy Policy.

8  Third-party links and their content

The Website may contain links to third-party websites or resources. We provide these links for your convenience only. We do not control, endorse, or assume any responsibility for any third-party websites or their content. Your use of third-party websites is at your own risk and subject to the Terms of Use of those websites.

9  Disclaimers

9.1  No professional advice

Content on the Website is provided for general information purposes only and does not constitute professional, legal, financial, or medical advice. You should not rely on Website Content as a substitute for professional advice specific to your circumstances.

9.2  No warranty

The Website and all Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.3  Accuracy and completeness

While we endeavour to ensure that information on the Website is accurate and current, we do not warrant the accuracy, completeness, or timeliness of any Content. Information may change without notice.

9.4  Availability

We do not guarantee that the Website will always be available, or that it will be free from errors, viruses, or other harmful components. We reserve the right to suspend or terminate access to the Website at any time for maintenance, updates, or any other reason.

10  Limitation of liability

10.1  Exclusion of liability

To the maximum extent permitted by law, StateCover Mutual, its directors, officers, employees, and agents will not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from or relating to:

  • Your use of or inability to use the Website
  • Any errors, omissions, or inaccuracies in the Content
  • Any unauthorised access to or use of our servers or your personal information
  • Any interruption or cessation of the Website
  • Any viruses, malware or other malicious code transmitted through the Website
  • Any third-party content or conduct on the Website.

10.2  Indemnification

You agree to indemnify and hold harmless StateCover Mutual, its directors, officers, employees, and agents from any claims, losses, liabilities, damages, or expenses (including reasonable legal fees) arising from your use of the Website, breach of these Terms of Use, violation of any law or third‑party rights, or any documents or information you submit through the Website.

10.3  Australian consumer law

Nothing in these Terms of Use excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

11  Termination

11.1  Termination by us

We reserve the right to suspend or terminate your access to the whole of, or restricted areas in, the Website at any time, with or without notice, for any reason, including but not limited to:

  • Breach of these Terms of Use
  • Termination of your Member status
  • Suspected fraudulent, abusive, or illegal activity
  • Extended period of inactivity.

11.2  Effect of termination

Upon termination, your right to use the Website, or restricted areas in the Website, will immediately cease. Provisions of these Terms of Use that by their nature should survive termination will survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

12  Changes to Terms of Use

We reserve the right to modify these Terms of Use at any time. We will notify you of material changes by posting the updated Terms of Use on the Website with a revised effective date. Your continued use of the Website after such changes constitutes your acceptance of the modified Terms of Use.

13  Governing law and jurisdiction

These Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

14  General provisions

14.1  Entire agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and StateCover Mutual regarding your use of the Website.

14.2  Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3  Waiver

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

14.4  Assignment

You may not assign or transfer these Terms of Use without our prior written consent. We may assign or transfer these Terms of Use without restriction.

14.5  Force majeure

We will not be liable for any delay or failure to perform our obligations under these Terms of Use due to circumstances beyond our reasonable control.

15  Contact information

If you have any questions about these Terms of Use, please email enquiries@statecover.net.au.