Our Products

As a client- focused brokerage, Scott Winton is dedicated to serving the best interests of our clients through the provision of ethical and professional insurance broking services.
We make it a priority to look at each and every need and tailor an insurance program to suit. Regardless of what type of insurance you’re after, whether it’s for Property, Professional, Business/Office, Domestic, Liability or Specialist Industries, our dynamic team will deliver the solution you’re looking for.

Our products include:


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About us
About us

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it’s the Scott Winton approach to business

 

It’s about personalised service, genuine commitment and being there 24/7. It’s about tailored solutions, thinking outside the box and family values. Being big enough to offer our clients the expertise of a large organisation but small enough to show we care. It’s about knowing our clients so well, that we tell them what they need, before they realise it themselves. It’s about providing them with the peace of mind to go about their daily business, knowing we’ve got their backs – no matter what. It’s about knowing that if we don’t take care of our clients needs – someone else will. It’s about giving back to the community and to those in need. It’s also about giving that little bit extra. And it’s that little bit extra that has earned us our reputation, and enabled us to achieve phenomenal growth while still maintaining exceptional client retention. It’s also that little bit extra that has earned us numerous accolades and made Scott Winton the success it is today.

 

Ron Tatarka – Managing Director


Client Satisfaction

At Scott Winton we believe that a happy customer is more valuable than any advertising campaign. It’s this approach to customer service that has enabled us to achieve exceptional growth over the years. One of the principle ways we gauge client satisfaction is the rate of client retention and the number of personal referrals our business gets each year. We do not spend money on expensive marketing campaigns. The new business referrals we get from existing clients keep our Account Managers busy enough. And we’re pleased to say, our figures speak for themselves.

Support

For our Clients
We take the time to educate all clients on the importance of obtaining “replacement” valuations, the benefits of survey reports and the value of purchasing cover based on the policy conditions rather than price. We provide education to key personnel through face-to-face meetings, interactions over the telephone and annual reviews. We have seen the benefit of this process, in that the organisations now check their coverage rather than assume that because they have taken out insurance all contingencies are covered.


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claims

Claims
Our dedicated Claims Team are bound by industry service standards and governing principles. However, we go way beyond the industry standards, and we do not baulk if the insurer initially responds with a ‘decline’. We work tirelessly to obtain satisfactory outcomes. Once a claim has been settled, a survey is sent to our clients to review our service. This gives them a chance to provide feedback and allow us to continually work on improving our Claims Service.

claim forms

Claims Forms

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our awards

our awards
award
our awards
Insurance Business Hotlist of 2014
Ron Tatarka is one of the first to make the list this year and has also been
nominated for 2014 Broker of the Year Award.

 

Insurance Business Magazine
Ron is ranked number 1 in Australia’s Top 30 Elite Brokers.
As well as Ron, we also employ the 2nd and 13th ranked Elite Brokers.

 

Insurance Business Magazine
Ranked number 5, Top 10 Brokerages in Australia, 2014.
Ranked number 8, 2013.

 

Australian Insurance Industry Awards (ANZIIF)
Medium Broker of the Year. Finalist 2013 and 2014.

 

Australian Insurance Industry Awards (ANZIIF)
Small Broker of the Year. Finalist 2011, 2012.

 

Young Guns 2014
Awarded to Avi Tatarka, Scott Winton.

 

BRW “Fast 100”
3 consecutive years.


Scott Winton Insurance Brokers is an award winning insurance brokerage with offices in both Melbourne and Sydney. Established in 1992, we’ve earned a reputation for integrity, expertise and support. We’re a client-focused broker whose clients range from small enterprises to large corporations. Ron Tatarka heads the company with business acumen and expertise gained from over 20 years in the insurance industry and together with our highly trained, dynamic and dedicated team of 30, we continually deliver tailored insurance and risk management solutions to meet the needs of our clients. It’s this genuine commitment that truly sets us apart.

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supporting our community

Supporting our community
Giving back is a huge part of our business. As a family owned enterprise, we’re proud to embody family values and philanthropy as a core part of our company’s mission and we’re wholly committed to
social involvement and charitable support. Each year a large percentage of our profit is given to many community causes.
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OUR OFFICES

Melbourne Office

Scott Winton House
25-27 Alma Road
St Kilda VIC 3182

Phone: 03 8598 9411
Fax: 03 8598 9311
info@scottwinton.com.au

Sydney Office

Suite 501, Level 5
1 Newland Street
Bondi Junction NSW 2022

Phone: 02 9388 9055
Fax: 02 9388 9044
info@scottwinton.com.au

 
 
 
 
 
 
 
 
 
 
 

Melbourne Office

Sydney Office

PRIVACY POLICY

Privacy Policy

This privacy policy sets out how Scott Winton Nominees Pty Ltd ACN 054 604 536 AFSL 239955 and its related entities (Scott Winton, we, our) aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Scott Winton and the way Scott Winton will collect, hold, use, disclose and otherwise manage personal information about you.

 

Scott Winton will regularly review and update its practices and procedures regarding the management of personal information. As a result, this policy may be updated from time to time. Where Scott Winton updates this policy, Scott Winton will make the updated policy available, including on its website.

 

Kinds of personal information Scott Winton collects

 

For the purposes of the Privacy Act 1988 (Cth), personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
The kinds of personal information that Scott Winton collects will vary depending the type and nature of Scott Winton’s dealings with you. For example, where purchase an insurance policy or other products through Scott Winton, we may collect information such as your name, residential and business address, date of birth, contact details (such as email and phone numbers), tax file number, bank account details, tax and financial statements, employment details, and details regarding your financial or accounting advisors.

 

Scott Winton may also collect other kinds of personal information about you, for example where Scott Winton is required to collect certain kinds of personal information about you for Scott Winton to undertake identification and verification processes in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act or any other relevant laws.

 

Scott Winton will not generally collect or hold sensitive information about you, unless Scott Winton is required to do so by law. Sensitive information includes information about your race, political or religious beliefs, sexual preferences, criminal convictions, membership of professional or trade associations or unions or health information.

 

How Scott Winton collects personal information

 

Scott Winton may collect personal information about you in a range of circumstances, such as:

  1. where you apply for an insurance policy through Scott Winton;
  2. as part of Scott Winton’s administration of the policy you acquired through Scott Winton;
  3. where you request information from Scott Winton regarding Scott Winton or the policies and products it promotes; and
  4. where you submit information to Scott Winton via Scott Winton’s website or other online services.

Generally, Scott Winton will collect personal information directly from you. However there may be circumstances where Scott Winton collects your personal information from third parties. For example, where Scott Winton has arranged insurance cover with an insurer on your behalf we may receive information from the insurer.

 

Purposes for which Scott Winton collects, holds, uses and discloses personal information

 

Scott Winton collects, holds, uses and discloses personal information about you for purposes relating to Scott Winton’s insurance brokering business and operations, including for the purposes of:

  1. providing you with information or arranging insurance policies and other products or services of Scott Winton;
  2. assisting you to apply for insurance products or services that Scott Winton promotes; and
  3. administering your insurance policy .

In addition to the purposes set out above, Scott Winton may collect, hold, use and disclose your personal information to inform you of products, services or offers which may be of interest to you. Where you have taken out a policy through Scott Winton, this may include providing you with direct marketing information regarding other products of Scott Winton. 

 

If you do not want to receive this information or do not want Scott Winton to use or disclose your personal information for direct marketing purposes, you can opt out at any time by contacting Scott Winton.

 

You are under no obligation to provide your personal information to Scott Winton. However, without receiving certain information from you, Scott Winton may not be able to provide Scott Winton’s services to you and may not be able to process any application by you for insurance promoted by Scott Winton.

 

Disclosures of personal information by Scott Winton

 

Scott Winton discloses your personal information to others for the purpose for which we collect it. This means that, generally, Scott Winton will only disclose your personal information for a purpose related to the provision of Scott Winton’s insurance brokering services.
The types of organisations to which Scott Winton may disclose your personal information to include:

  1. your financial advisers or other professional advisers;
  2. related companies of Scott Winton (such as subsidiaries or holding companies of Scott Winton);
  3. the insurance company that will enter into the agreement with you;
  4. any service provider appointed by Scott Winton in relation to insurance products Scott Winton promotes or other products;
  5. any other third party service provider which Scott Winton may engage to provide administration, technology, auditing, mailing, printing or other services;
  6. Government authorities where required to by law; and
  7. Scott Winton’s professional advisers (including legal and accounting firms, auditors, consultants and other advisers).

Scott Winton does not currently disclose personal information to recipients located overseas or have established plans to do so. If Scott Winton is likely to disclose personal information to recipients located overseas, it will update this privacy policy regarding the likely disclosures (including, if it is practicable to do so, the countries in which such overseas recipients are likely to be located).

 

Security of your personal information

 

Scott Winton may hold your personal information in both hard copy and electronic forms.
Scott Winton will take reasonable steps to ensure that the personal information it holds is protected against misuse, loss, unauthorised access, modification or disclosure.
Personal information is held on secure servers or in storage located in controlled, access restricted environments. Scott Winton’s employees are required to maintain the confidentiality of any personal information held by Scott Winton.
Personal information may also, in certain circumstances, be held on behalf of Scott Winton in hard copy or electronic forms by Scott Winton’s service providers (such as offsite document storage providers or electronic data storage providers). Scott Winton enters into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.

 

Access and correction of personal information

 

Scott Winton takes steps reasonable in the circumstances to ensure that the personal information it collects, holds, uses and discloses about an individual is accurate, complete, up-to-date, relevant and not misleading.
You have the right to request access to the personal information Scott Winton collects and holds about you. You also have the right to request correction of the personal information Scott Winton collects and holds about you.
If at any time you would like to request access to or correction of the personal information about you Scott Winton collects and holds you can contact us using any of the below contact details:
Scott Winton
25-27 Alma Road
Melbourne Victoria 3182
Phone (03) 8598 9311
Email info@ScottWinton.com.au

 

Scott Winton will seek to respond to requests for access to or correction of personal information within 30 days of the date of the request.
If Scott Winton refuses any request for access to or correction of personal information held by Scott Winton, written reasons for that refusal will be provided by Scott Winton.
In some circumstances, a fee may be charged for the cost of providing you with access to personal information (for example where providing access requires a detailed retrieval of personal information). Such fee will not exceed the cost to Scott Winton of providing access.

 

Privacy complaints

 

If you believe that Scott Winton have not dealt with your personal information in a manner that complies with the Privacy Act or the Australian Privacy Principles or have any other complaint regarding how Scott Winton has dealt with your personal information, you can make a privacy complaint to Scott Winton.
Privacy complaints should be made to Scott Winton in writing using the contact details set out below.
Upon receipt of your complaint, Scott Winton will commence an investigation into your complaint.
At all times, privacy complaints:

  • will be treated seriously;
  • will be dealt with promptly;
  • will be dealt with in a confidential manner; and
  • will not effect your existing obligations or effect the commercial arrangements between you and Scott Winton.

You will be informed of the outcome of your complaint following the completion of the investigation.
In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Privacy Commissioner.

 

How to contact us

 

For further information or enquiries regarding your personal information or to request access to or correction of personal information or to make a privacy complaint, please contact Scott Winton using any of the following contact details:
Scott Winton
25-27 Alma Road
Melbourne Victoria 3182
Phone (03) 8598 9311
Email info@ScottWinton.com.au

USER AGREEMENT

USER AGREEMENT

  1. Access to the Website
      • The internet website with the URL "www.scottwinton.com.au/" and associated websites (collectively the "Website") is owned and operated by Scott Winton Nominees Pty Ltd (ACN 054 604 563) ("Scott Winton").
      • This legally binding agreement governs the use, purchase or supply (as applicable) of the products, services, information, data, text, graphics, materials, software (including third party software), and other content available on the Website ("Website Material") by people who access the Website (“you”) ("User Agreement").
      • Other written agreements may be entered into between you and Scott Winton, and (if applicable) a third party in respect of your use or purchase of Scott Winton’s products or services ("Other Agreement"). This User Agreement is to be read in conjunction with any such Other Agreements.
      • Please read this User Agreement carefully before accessing or using the Website or proceeding any further. The Website is offered to you on the condition that you have accepted this User Agreement without modification. By accessing the Website you agree that you have read, understood and will be legally bound by this User Agreement.
  2. Variation and amendment
      • Scott Winton may amend this User Agreement at any time and all amendments will take effect immediately upon the posting by Scott Winton of the amended User Agreement on the Website.If you have commenced any transaction prior to Scott Winton posting the amended User Agreement on the Website, that transaction will be affected in accordance with the User Agreement in place at the time of the commencement of the relevant transaction. You are responsible for regularly reviewing this User Agreement and your continued use of the Website constitutes your agreement to any such amended User Agreement. If you do not agree to any amended User Agreement, you must stop using the Website and the Website Material.
      • Scott Winton may modify, suspend, discontinue or vary the Website Material, any features or functions of the Website or the availability of the Website or any Website Material at any time in its absolute discretion.
  3. Your access to the Website
      • The Website may contain an application which will enable you to make payments to Scott Winton of amounts due by you to Scott Winton under a product or service which Scott Winton has supplied to you (whether through the Website or otherwise) (“Payment Section”).
      • Your access to the Payment Section, or other parts of the Website, may be via a secure login username and password issued by Scott Winton (“Password”).
      • You are responsible for:
        • providing and maintaining accurate, current and complete information about you as may be required by any registration forms on the Website;
        • the use of the Password to gain access to the Payment Section or other secure part of the Website; and
        • the security of any username and Password used by you to access the Payment Section or other secure part of the Website and Scott Winton will not be responsible for any unauthorised access to the Payment Section or other secure part of the Website or misuse of a username or Password.
      • You must notify Scott Winton us of any change in username or Password and any suspected or actual unauthorised access to a username or Password and if a person is no longer entitled to use a username or Password.
      • Scott Winton reserves the right to cancel a username or Password at any time in its absolute discretion.
  4. Your use of the Website
      • You must not violate or attempt to violate the security of the Website. Without limiting the forgoing, you must not hack into the Website, Scott Winton’s computer systems or the computer systems of other users of the Website. For the purposes of this clause “hacking” includes unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
      • You must not:
        • use the Website to post or transmit any information or materials which breach any laws or regulations, infringe the legal rights of any person, are contrary to any relevant standards or codes or intimidate, harass or offend any person or are reasonably likely to do so;
        • use the username or Password of any other Website user without the permission of that Website user;
        • provide false information or misleading information to Scott Winton or to any other person via the Website or in respect of your use of the Website;
        • use the Website to post or transmit any information or materials that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
        • use the Website to post or transmit private or personal information of any third party without their express consent, including, without limitation, addresses, phone numbers and email addresses;
        • use the Website to post or transmit any files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software;
        • use the Website to post or transmit any information or materials which could be considered obscene, indecent, inflammatory, harassing, fraudulent or that could give rise to civil or criminal proceedings;
        • modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Website;
        • attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Website;
        • distribute any part of the Website for commercial purposes or other otherwise sub-licence or resell the Website;
        • create derivative works from all or any part of the Website; or
        • attempt to do any of the above or assist or permit any other person to do or attempt to do any of the above.
      • You must comply with all directions Scott Winton gives to you regarding your access to or use of the Website (including directions posted on the Website).
  5. Acquisition of products and services
      • The Website may contain an application which will enable you to request that Scott Winton provide you with a quote for the supply of products or services by Scott Winton to you or otherwise provide you with further information about products or services supplied by Scott Winton (“Request for Quote”).
      • A Request for Quote must not be made by persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts or otherwise acquiring the relevant products or services.
      • Any information or quote provided by Scott Winton in respect of a Request for Quote does not constitute an offer by Scott Winton to you capable of acceptance and may only be considered an invitation to treat to supply products or services to you.
      • Any offer made by you through the Website to acquire products or services supplied by Scott Winton is subject to written confirmation and acceptance by Scott Winton. Scott Winton reserves the right to accept or reject any offer you make at any time prior to your receipt of Scott Winton’s written acceptance. Scott Winton may reject your offer for any reason, including without limitation because of the unavailability of any product or service or an error in the price or description of any product or service specified on the Website.
      • Scott Winton may act on, process or complete electronic messages transmitted by you through the Website without further consultation with you. If Scott Winton requires you to sign, execute, accept in writing and/or return a document to Scott Winton, that signature, execution, written acceptance and return may be made by an electronic acceptance function available on the Website. If you use this electronic acceptance function, it will have the same effect as if you had physically signed, executed, accepted in writing and returned the document to Scott Winton.
  6. Payments
    All payments (including any applicable taxes) must be made in full and in readily available funds, on or before the due date as specified on the Website, in any Other Agreement or as otherwise notified to you by Scott Winton. The terms of any Other Agreement will prevail over this clause.
  7. Website availability and security
      • From time to time the Website may be unavailable for access or use (including for the undertaking of maintenance and upkeep of the Website).Scott Winton will work within reason to limit the amount of time the Website is unavailable. Scott Winton will not be held liable for the consequences of any Website unavailability and does not make any representations or provide any warranties regarding the availability of the Website or the timeframes within which any unavailability in respect of the Website will be resolved.
      • Scott Winton will take all reasonable steps to ensure the security of the Website, including by implementing and maintaining reasonable and current data protection procedures and technologies. However data transmissions over the internet cannot be guaranteed to be totally secure.Whilst Scott Winton strives to protect information you transmit to Scott Winton or which Scott Winton stores, Scott Winton does not warrant and cannot ensure the security of such information.
      • You acknowledge that Scott Winton does not provide back up or other similar services in respect of the Website Material.
  8. Intellectual Property Rights
      • Unless specified otherwise by Scott Winton on the Website, all of the intellectual property rights in the Website (including any modification, alteration, development, new use or other change to Website) and any Website Material, is owned by Scott Winton, its related bodies corporate or third parties that have licenced the relevant material to Scott Winton, and you agree not to infringe any intellectual property rights in the Website or any Website Material (whether owned by Scott Winton or a third party.
      • Any intellectual property in respect of the Website created by you is assigned to Scott Winton immediately upon its creation.
      • If you post, upload or submit any information, material or other content to the Website, you grant Scott Winton a perpetual, irrevocable, royalty free, non-exclusive and fully sub-licensable right to use, reproduce and otherwise exploit all such information, material or other content throughout the world and for such purposes as Scott Winton considers appropriate (in Scott Winton’s sole and absolute discretion).
      • You may view the Website and the Website Material using your web browser and electronically copy and print hard copies of parts of the Website and the Website Material solely for your personal, non-commercial use.  Unless permitted by law, any Other Agreement, or with the express consent of Scott Winton, any other use, including the reproduction, modification, distribution, transmission, republication, display, storage, adaption, linking to, uploading or communication to the public, of the Website or Website Material is strictly prohibited.Unless otherwise specified, reproduction of part or all of the Website or Website Material is prohibited other than for the sole purpose of your personal, non-commercial use and may not be recopied and shared with a third party.The permission to copy by an individual for personal, non-commercial use does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form and you must not create any derivative works using the Website Materials or otherwise incorporate the Website Materials in any materials or other content created by you or on your behalf.
      • All rights not expressly granted are reserved. You acknowledge and agree that the only rights you will have in respect of the Website and Website Materials are the rights (if any) specifically granted under this User Agreement or under an Other Agreement.
  9. Third party sites and content
      • The Website may contain links to third party websites (“Third Party Sites”) and third party content, including claim forms (“Third Party Content”). Scott Winton is not responsible for the preparation, development or condition of the Third Party Sites or the Third Party Content and makes no claim or representation regarding Third Party Sites or Third Party Content. You acknowledge and agree that all access to and use of any such Third Party Sites and use of a Third Party Site’s products and services or Third Party Content is solely at your own risk. Links to any Third Party Sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Scott Winton of the Third Party Sites or the products or services provided on the Third Party Sites.
      • You must not link to the Website without the prior written permission of Scott Winton.
  10. Third party providers to Scott Winton
    Parts of the Website or the Website Materials, including the Payment Section, may be outsourced to third party providers (“Third Party Services”).This User Agreement applies to any outsourced products, services or other materials unless you are notified by Scott Winton of alternate terms of use. Scott Winton is not responsible for the provision of any Third Party Services and makes no claim or representation regarding the Third Party Services.
  11. Viruses
    Scott Winton cannot guarantee that any file, document, application or program available for download and/or execution from or via the Website is free from viruses, malicious code or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs, documents, applications and files on the Website, and you release Scott Winton entirely of all responsibility for any consequences of its use.
  12. Warranty and Disclaimer
      • You agree that your access to, purchases or supplies under and use of the Website and Website Material is subject to this User Agreement (which incorporate Scott Winton’s Privacy Policy and any Other Agreement) and all applicable laws, and is at your sole risk. The Website and the Website Material are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current. All terms implied by law, except those that can not be lawfully excluded, are excluded.
      • Scott Winton makes no representations, warranties or guarantees of any kind, express or implied, as to the operation or suitability of the Website or the Website Material, except as otherwise provided under applicable laws and Scott Winton does not warrant or guarantee that the Website will be compatible with, or capable or being used on or in connection with, your computer and communications systems.
      • The information contained on the Website or in the Website Material does not purport to contain all the information that you may need before acquiring an insurance policy from Scott Winton. Before purchasing a policy, you should conduct your own independent review, investigations and analysis of the policy and, where necessary, consult professional advisors. The information in this Website and in the Website Material, including (without limitation) any tools, calculators, articles, statements, forms, representations, is of a general nature only. In preparing the content on this Website and the Website Material Scott Winton did not take into account your personal needs, objectives or financial situation. Unless expressly specified otherwise by Scott Winton, such information does not amount to an offer by Scott Winton, a representation or warranty by Scott Winton and will not form part of any agreement you may enter into with Scott Winton regarding Scott Winton’s products and services.
      • Before acting on information contained on this Website or in the Website Material you should consider whether it is appropriate for you and consider the risk factors in light of your personal circumstances. Please refer to the relevant Product Disclosure Statement which can be obtained from Scott Winton before acquiring any product. It is important that you read the Product Disclosure Statement carefully, in its entirety and seek professional advice where necessary before deciding to acquire an insurance policy. Except insofar as liability under any law cannot be excluded, Scott Winton takes no responsibility for the information contained in this Website or in the Website Material or in any other way for any errors or omissions.
      • Scott Winton does not purport to provide any financial, taxation or other professional advice through the Website Materials. Before acting on information contained on this Website or in the Website Material you should consider whether it is appropriate for you and consider the risk factors in light of your personal circumstances. You are encouraged to seek independent professional advice prior to making any financial decisions, including any decisions in respect of Scott Winton’s products and services. Please refer to the relevant Product Disclosure Statement which can be obtained from Scott Winton before acquiring any product. It is important that you read the Product Disclosure Statement carefully, in its entirety and seek professional advice where necessary before deciding to acquire an insurance policy. Except insofar as liability under any law cannot be excluded, Scott Winton takes no responsibility for the information contained in this Website or in the Website Material or in any other way for any errors or omissions.
  13. Limitation of liability
      • Nothing in this User Agreement should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) (“Australian Consumer Law”) or your rights to make a claim in respect of any consumer guarantees or other provision of the Australian Consumer Law.
      • Subject to clause13(d), if you are not a “Consumer” for the purposes of section 3 of the Australian Consumer Law then, to the extent permitted by law, Scott Winton excludes all liability for any liability, claim, loss (including consequential loss and loss of profit), damage, cost and expense (“Loss”) incurred by you as a result of, or in connection with, this User Agreement, the Website or the Website Material.This clause applies even if Scott Winton knew or ought to have known that it was possible or foreseeable that you would incur such Loss.
      • Notwithstanding clause 13(b), if you are a Consumer and the goods or services provided under this User Agreement are goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Scott Winton’s liability to you is limited at Scott Winton’s option to:
          • in the case of goods:
            • the replacement of the goods or the supply of equivalent goods;
            • the repair of the goods;
            • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
            • the payment of the cost of having the goods repaired; and
          • in the case of services:
            • the supplying of the services again; or
            • the payment of the cost of having the services supplied again.
      • Notwithstanding clause 13(b), if you are a Consumer and goods or services supplied under this User Agreement are goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use, Scott Winton excludes all liability for any Loss incurred by you as a result of this User Agreement, the Website or the Website Material to the extent such Loss is not the result of a breach of a consumer guarantee or any other provision of the Australian Consumer Law (or any other relevant law for which liability cannot be excluded).
      • Notwithstanding or limiting any other provisions under this User Agreement and subject to the provisions of the Australian Consumer Law (or any other relevant law for which liability cannot be excluded or limited), the maximum aggregate liability of Scott Winton to you arising out of or in connection with this User Agreement, the Website or the Website Material will in no event exceed an amount equal to the amount of any payment made by you to Scott Winton in connection with this User Agreement, the Website or the Website Material.
  14. Indemnity
    You indemnify Scott Winton in respect of any liability incurred by Scott Winton for any Loss howsoever caused, or suffered by Scott Winton as a result of your breach of this User Agreement or any negligent act or omission by you.
  15. Privacy
      • For the purposes of this clause:
        • Privacy Act” means the Privacy Act 1988 (Cth), enacted, and amended from time to time, by the Parliament of Australia.
        • Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not, and includes sensitive information.
        • Privacy Laws” means the Privacy Act, including the 13 Australian Privacy Principles.
      • You acknowledge that you have read and understood Scott Winton’s privacy policy (“Privacy Policy”) and you agree to Scott Winton collecting, storing, using, disclosing and otherwise handling your Personal Information, for any of the purposes set out in the Privacy Policy or otherwise in accordance with law.
      • You understand that:
        • you do not have an obligation to provide any Personal Information to Scott Winton, or agree to this User Agreement, but in the event that you do not, you may not be able to access the Website or acquire products and services from Scott Winton;
        • you may request access to, or correction of, your Personal Information held by Scott Winton in accordance with the Privacy Policy; and
        • you may make enquiries or complaints about Scott Winton’s handling of your Personal Information in accordance with the Privacy Policy.
  16. Force Majeure
    Scott Winton will not be liable for a failure in the performance of obligations under this User Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond Scott Winton’s reasonable control.
  17. Termination
    Scott Winton reserves the right to terminate this User Agreement at any time.Scott Winton shall not be liable to you for any Loss whatsoever for terminating this User Agreement.Upon the termination of this User Agreement taking effect Scott Winton may restrict your access to certain parts of the Website or to all of the Website.
  18. Applicable Law
    Your use of the Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia.  Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
  19. Overseas Access
    The Website may be accessed throughout Australia and overseas.  Scott Winton makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
  20. General
      • The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this User Agreement.
      • This User Agreement is not subject to any terms proposed by you unless those terms are expressly accepted by Scott Winton in writing.
      • Failure of either party to enforce any rights it has under this User Agreement will not be construed as a waiver of those rights, nor a limitation on the party’s ability to subsequently exercise those rights.
      • This User Agreement is to be read in conjunction with an Other Agreement and any transaction contemplated under the Other Agreement which may be conducted via the Website will be governed by the terms of this User Agreement and the applicable Other Agreement.However, except to the extent required to give effect to this clause, the terms of an Other Agreement will prevail to the extent of any inconsistency between this User Agreement and the terms of the Other Agreement.
      • If any provision of this User Agreement is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.
      • No provision of this User Agreement will be construed to the disadvantage of Scott Winton merely because Scott Winton was responsible for the preparation of the User Agreement or the inclusion of the provision in the User Agreement.