Terms of Use

1. Acceptance of Terms

By accessing or using the Tank Insurance website (tankinsurance.com.au), including any tools, features, or services provided through the website (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you and Tank Insurance Pty Ltd (ABN 83 667 323 579), a Corporate Authorised Representative (No. 1305231) of Metrix Connect Pty Ltd (ABN 55 742 327 931 | AFSL No. 525491) ("Tank Insurance", "we", "us", or "our").

2. Services Description

Tank Insurance provides insurance broking services and, through this website, offers various tools and resources including but not limited to:

• The Free SWMS (Safe Work Method Statement) Template Generator
• Educational content and resources
• Quote request forms
• Other business tools and calculators

3. No Professional Advice

The information, tools, and templates provided through the Services are for general informational purposes only and do not constitute professional legal, safety, workplace health and safety (WHS), financial, or other professional advice.

Specifically, in relation to the SWMS Generator and any similar tools:

• The templates generated are starting points only and must be customised for your specific workplace, tasks, and circumstances
• You must have any generated documents reviewed by a qualified WHS professional, safety advisor, or other competent person before relying on them
• The templates do not guarantee compliance with any legislation, regulation, code of practice, or industry standard
• You are solely responsible for ensuring that any document you create or use meets all applicable legal and regulatory requirements

You should always seek independent professional advice appropriate to your specific circumstances before making any decisions or taking any actions based on information or documents obtained through the Services.

4. Your Responsibilities

When using the Services, you agree that:

• You will use the Services only for lawful purposes and in accordance with these Terms
• You are responsible for the accuracy and completeness of any information you provide
• You will review, verify, and customise any templates or documents generated through the Services before use
• You will not rely solely on any template, tool, or information provided through the Services without obtaining appropriate professional advice
• You will comply with all applicable laws, regulations, and industry standards relevant to your use of any documents generated through the Services
• You will ensure that workers are consulted during the customisation and implementation of any workplace safety documents

5. Limitation of Liability

To the maximum extent permitted by law:

• Tank Insurance, its directors, officers, employees, agents, and affiliates accept no liability whatsoever for any loss, damage, cost, expense, injury, death, regulatory penalty, fine, claim, or liability of any kind (whether direct, indirect, consequential, special, incidental, punitive, or exemplary) arising out of or in connection with:
  • Your use of, or inability to use, the Services
  • Any information, content, templates, or documents obtained through the Services
  • Any reliance placed on information, templates, or documents obtained through the Services
  • Any errors, omissions, or inaccuracies in the Services or any content provided through the Services
  • Any third-party claims arising from your use of any documents generated through the Services
• This limitation of liability applies regardless of the legal theory upon which such liability is based, including negligence, breach of contract, breach of warranty, strict liability, or any other legal theory
• In no event shall the total liability of Tank Insurance to you for all claims arising out of or relating to these Terms or the Services exceed $0 AUD

Without limiting the foregoing, Tank Insurance specifically excludes liability for:

• Loss of profits, revenue, business, goodwill, or anticipated savings
• Loss of data or data corruption
• Business interruption
• Regulatory investigations, penalties, fines, or enforcement actions
• Personal injury or death
• Workers' compensation claims
• Claims by employees, contractors, or other third parties
• Any indirect, special, incidental, or consequential damages

6. Australian Consumer Law

Certain legislation, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, may imply warranties, conditions, or guarantees that cannot be excluded, restricted, or modified, or can only be limited to a certain extent ("Non-Excludable Rights").

Nothing in these Terms excludes, restricts, or modifies any Non-Excludable Right. However, to the extent permitted by law:

• All other warranties, terms, conditions, and guarantees (whether express, implied, statutory, or otherwise) are excluded
• Our liability for breach of any Non-Excludable Right is limited, at our option, to:
  • In the case of goods: the replacement or repair of the goods, or the payment of the cost of replacing or repairing the goods
  • In the case of services: the supply of the services again, or payment of the cost of having the services supplied again

The Services provided through this website, including the SWMS Generator, are provided free of charge and without consideration. To the extent that this affects the application of consumer guarantees, you acknowledge that no consumer guarantees may apply.

7. Indemnification

You agree to indemnify, defend, and hold harmless Tank Insurance, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of, or access to, the Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any use, distribution, or reliance on any template, document, or content generated through or obtained from the Services
• Any claim by any third party (including employees, contractors, regulators, or other persons) arising from or relating to any document you create, modify, or use based on the Services
• Any workplace incident, injury, or regulatory action arising in connection with any document created using the Services

This indemnification obligation will survive the termination of these Terms and your use of the Services.

8. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, is the property of Tank Insurance or its content suppliers and is protected by Australian and international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to:

• Access and use the Services for your personal or internal business purposes
• Download and use templates generated through the Services for your own lawful business purposes

You may not:

• Reproduce, distribute, or publicly display any content from this website without our prior written consent
• Use our trademarks, logos, or branding without our prior written consent
• Resell, sublicense, or commercially exploit any templates or tools provided through the Services
• Modify, adapt, or create derivative works from our content for commercial distribution

9. Third-Party Links

The Services may contain links to third-party websites or resources. These links are provided for convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk.

10. Privacy

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this website. Your continued use of the Services after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

12. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for any disputes arising out of or relating to these Terms or the Services.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the website, constitute the entire agreement between you and Tank Insurance regarding your use of the Services and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Phone: (02) 9000 1155
• Address: 100 Harris Street, Pyrmont NSW 2009