Authorisation to order Consumer Policies on behalf of purchasers, vendors and existing home owners
By ordering online, you agree to be bound by the following terms and conditions of submitting an order for a Home Owners GOLD, Strata Owners GOLD, Existing Home Owners GOLD, Existing Strata Owners GOLD or Commercial Owners GOLD (“Consumer Policies”).
The Consumer Policy request is subject to underwriting by First Title.
First Title can vary or cancel Consumer Policy requests and, if we do so, we will notify you and the customer of the variation and/or cancellation. We also reserve our rights to discontinue any product or service for any reason without notice, obligation or liability to you.
You will not receive payment or financial benefit in connection with ordering First Title Insurance Policies.
A Consumer Policy is not an active policy of insurance until payment and activation terms are met.
Obligations when arranging insurance for customers
As the ordering party for the customer, you must comply with the following application process for each First Title Insurance Policy you arrange:
- Provide proper and accurate information and disclosures in ordering Consumer Policies.
- Provide all information in respect of a ‘known risk’ of which you have actual knowledge including information that comes to light after the issuance of the Title Insurance but prior to the policy activation (or the settlement date in the case of a property purchase).
- Comply with any reasonable request by First Title in relation to ordering Consumer Policies.
- Do nothing which may give any person the impression, or hold out, that you are conducting a financial services business in its own right, or that you are a representative of First Title.
- Not provide any advice on the adequacy of a Title Insurance Policy or provide any interpretations of the terms of the policy documents.
- Give the customer all information and notices reasonably required by First Title.
- Not knowingly provide incorrect and inaccurate information to First Title in ordering the policy on the customer’s behalf. Should you provide incorrect and inaccurate information, First Title will not waive its right of subrogation against you in the event a customer makes a claim on the Title Insurance Policy.
Payment terms are contained within Consumer Policy documents that are issued to you and the customer on completion of the ordering process.
Representations and warranties
- You represent and warrant that you have the right to order Title Insurance on behalf of the customer.
- You warrant that you will not use the First Title website (firsttitle.com.au) for any purpose that is unlawful or prohibited by these Terms and Conditions or law, and that you will not attempt to obtain information or materials from the First Title website that is not intentionally made available to you.
- To the maximum extent permitted by law, each party disclaims all warranties and representations, whether express, implied, or statutory, with respect to the services provided to the other party and other obligations undertaken hereunder, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice in respect to the Consumer Policies and their introductions.
- First Title does not make any warranty that the quality of the products purchased or obtained by you or a customer will meet such customer’s needs or expectations.
Limitation of liability
Neither party hereto will be liable to the other party for indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages) such as, but not limited to, loss of revenue or anticipated profits, lost business, or any loss in relation to the use of the First Title website.
Location and Laws
First Title has an AFS Licence No. 263876 and is a licensed general insurer with its principal place of business being Level 1 Tower B 799 Pacific Hwy Chatswood NSW 2067.
The governing law of this Agreement is New South Wales Australia.