"*" indicates required fields Applicant Details I am authorised to make this application having read and agreed to Landcover’s TERMS OF TRADEAFS Licenced Insurance Broker Terms and Conditions of Trade: Multi- Functional Policies P/L T/as MFP Insurance Brokers ABN 88 054 829 999AFS License 241685 (Underwriting Authority Holder)And Landcover P/L ATF Landcover Trust Trading as Landcover ABN 66 578 417 757 Authorised Representative 311341 (Landcover Insurance Product Provider) hereinafter referred to as the Issuing Parties: These Terms and Conditions of Trade (‘Terms and Conditions’) shall apply to financial services business between the Issuing Parties and the AFS Licensee and their Authorised Representatives (‘Broker’) from and including the date the Broker registers to use the Landcover website to arrange the Landcover insurance product for their clients. The Broker registered with Landover to advise on and deal in the Landcover insurance product provided by the Issuing Parties agrees to be bound by these Terms and Conditions. Background The Broker wishes to carry on a financial services business to provide financial product advice for the Landcover Insurance product, and deal in a financial product by applying for, acquiring, varying or disposing of the Landcover insurance product provided by the Issuing Parties subject to the Broker’s Australian Financial Services Licence (‘AFSL’) authorisations. The Broker in registering on the Landcover website as an authorised user agrees to be bound by these Terms and Conditions. In consideration of the Remuneration (set out at section 7 below) paid by the Issuing Parties, the Broker agrees to advise on and deal in the Landcover insurance product provided by the Issuing Parties. Relationship The Broker holds an AFSL that authorises them to advise on and deal in insurance products to either retail or wholesale clients (or both). The Broker will advise the Issuing Parties immediately if the AFSL is varied, suspended, or cancelled. The Broker acts as agent for their clients and is not an agent of the Issuing Parties nor do these Terms and Conditions create any form of binder, employment, joint venture, or partnership or trust. The Broker will not provide or purport to provide any financial services on behalf of the Issuing Parties, other than the Landcover Insurance Product. The Broker is responsible for the actions and omissions of its authorised representatives, agents, employees, and contractors and referrers. The Broker agrees to maintain and regularly review all users authorised by the Broker to arrange Landcover contracts of insurance. The Issuing Parties act as agents for the insurer. Arranging of Insurance The Broker can choose to provide a link for customers to access the Landcover website and for the insured to pay and arrange online the Landcover contract of insurance . The Broker will receive copies of insurance documents for Landcover policies arranged online by customers to enable their client records to be updated. The Broker can apply on behalf of the insured and arrange online the contract of insurance. Documentation provided to the insured by the Broker must include the “Landcover Insurance Certificate Number” and include the email attachments to the Landcover issued contract of insurance. Landcover policies are issued for 12 months and are not renewable. No Hold Covered terms are available to the Broker. To provide the insured with continuity of insurance, the Broker is required to reapply and arrange a new Landcover contract of insurance on the Landcover website on or at any time within the month of expiry of the current Policy unless the insured has advised the Broker that the contract of insurance is no longer required. A new Policy issued in the month prior to the expiry date replaces the current Policy from the date of issue and will expire 12 months later on the last day of that month. The contract of insurance will be as per the written offer stated on the Landcover website provided by the Issuing Parties and cannot be varied by the Broker. The Broker is not required to provide Closing documents to Landcover. Cancellation of the Contract of Insurance Where the insured wishes to cancel the contract of insurance within the Cooling Off period provided by the Policy, the Broker is required to refund the amount paid to the client and provide a cancellation closing to Landcover. The cost of Landcover insurance is non refunable as a result of cancellation after the Cooling Off period as disclosed in the insurance documentation associated with the contract of insurance. The Broker is required to submit a cancellation closing within a reasonable time and advise the insured that there will be no refund payable. The Issuing Parties, on behalf of the insurer, will have the right to cancel the contract of insurance if premium is not paid in accordance with the terms of the contract of insurance and these Terms and Conditions. Subject to the terms of the contract of insurance, the Issuing Parties maintain any other rights under the Insurance Contracts Act to cancel the contract of insurance. The Issuing Parties must notify the Broker of any intention to either cancel or avoid a contract of insurance. Insureds The Issuing Parties will only directly contact insureds in the following circumstances: Promoting, marketing, and selling its services or products to the general public or to groups of persons who are members of a specific industry, association, profession, club or ethnic community provided that in doing so it does not target any client of the Broker specifically, Pursuant to statutory requirements; If requested by the insured in writing; If required in relation to a claim; or If following reasonable efforts, the Issuing Parties have been unable to provide the Broker with any of the relevant notices and information required pursuant to statutory requirements. Duty of Disclosure The Broker when applying on behalf of an insured must advise the insured of their duty either to take reasonable care not to make a misrepresentation or their duty of disclosure in each case under the Insurance Contracts Act.The relevant duty is set out on the Landcover website and also is in the policy wording or insurance documentation associated with the contract of insurance. Payment of Premium, Fees and Statutory Charges The Broker will remit full payment of premium via EFT, accompanied with an electronic remittance advice stating the Landcover Certificate of Insurance number, on a net of commission basis and any applicable agency fees and statutory charges on a gross basis to the Issuing parties within 45 days of the contract of insurance’s inception date (‘Payment Terms’). All collected premium, applicable fees and statutory charges are to be held in a trust account in accordance with statutory provisions. Landcover will provide the Broker a monthly report of transactions issued and paid by their insured. The Broker may deduct the commission earned on these transactions from their remittance for transactions arranged by them or request payment from Landcover. Landcover will provide the Broker each month with a report of transactions issued by all authorised users. For all Policies not paid within the 45-day Payment Terms ,Landcover, on behalf of the Insurer, will request the Broker advise the insured that the Policy issued will be cancelled if not paid to the broker within 7 days. Remuneration The Issuing Parties will pay the Broker on each contract of insurance issued by the Broker or by their insured on the Landcover website a commission of $20.00 Any change to the Broker commission will be communicated by providing 30 days’ written notice to the Broker. Claims The Broker will provide all reasonable assistance the Issuing Parties and the insurer, in respect of all claims and agrees that any claim will only be met upon receipt of all outstanding premium and agency fees and statutory charges for that contract of insurance. Electronic Distribution If the Broker chooses to distribute insurance documentation via electronic means, the Broker must comply with any ASIC regulatory guides and any statutory requirements. Marketing Material Any marketing material for the Issuing Parties’ products created or developed by the Broker must be approved by the Issuing Parties. Also, the Broker will not change any marketing material provided by the Issuing Parties without the prior written consent of the Issuing Parties. Compliance with Applicable Requirements The Broker will always comply with all statutory requirements, ASIC regulatory guides and codes of conduct affecting the Broker’s business. Indemnity Each party indemnifies the other, on demand, for all claims, damages, judgments, losses, costs (party/party basis) and expenses to the extent that they are reasonably incurred in connection with any breach by a party of either these Terms and Conditions or statutory requirements. The indemnity survives the expiry or termination of these Terms and Conditions. This indemnity does not apply to the extent of an indemnified party’s fraud, negligence or other default. GST Where GST is payable, it must be calculated and paid in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth). All amounts referred to in these Terms and Conditions are GST exclusive. Recipient Created Tax Invoice (‘RCTI’) Both parties agree that they are parties to a RCTI Agreement for the purpose of dealing in insurance products and declare that these Terms and Conditions apply to supplies to which a tax invoice relates. The Issuing Parties may issue tax invoices for the supplies, in which case the Broker will not issue tax invoices for the supplies. Both parties are registered for GST and will notify the other if the registration ceases. Both parties agree to comply with the Australian Taxation Office requirements for a valid RCTI, which may be amended from time to time. Records The Broker will retain all records including correspondence (whether electronic or otherwise) either created by or supplied to the Broker for the purpose of providing financial product advice on or dealing with the insurance products under these Terms and Conditions for a minimum of seven years or longer if required by any statutory requirements. Dispute Resolution The parties will attempt in good faith to negotiate any dispute between them in connection with these Terms and Conditions within 30 days after written notice from a party.If the parties cannot resolve the dispute by negotiation within 30 days from the original written notice, they will mediate in accordance with the Australian Disputes Centre guidelines for commercial mediation then in operation.This clause does not apply to any urgent court application, including interlocutory relief. Privacy & Confidentiality Privacy The Broker, if providing the Issuing Parties with personal information about individuals, will comply with all relevant obligations under the Privacy Act 1988 (Cth), including having made or making the individual(s) aware that their personal information will be disclosed the Issuing Parties and handled in accordance with their Privacy Policy. Confidentiality Subject to section 4 (Insureds), during and after termination of these Terms and Conditions, each party must keep confidential and must not use the other party’s Confidential Information except as necessary to perform under these Terms and Conditions or as required by law. If a government, regulatory authority or court orders a party to disclose Confidential Information, that party will, to the extent permitted, immediately advise the other party and will disclose only such of the Confidential Information necessary to comply with the order. Nothing in this section (Privacy & Confidentiality) restricts the use or dissemination of Confidential Information obtained lawfully from a third party. Each party authorises the other to disclose its Confidential Information to insurers, actuaries, auditors, professional advisors and any related bodies corporate in each case on a confidential basis. This section 178survives termination. Confidential Information means all information, data, practices and techniques relating to a party, or a related body corporate, customers, competitors, business, operations, strategies, computer systems, marketing systems and intellectual property or other property of which the other party becomes aware in negotiating or performing under these Terms and Conditions. Confidential Information does not include information that is in the public domain or later comes into the public domain (unless it came into the public domain by a breach of confidentiality). Termination & Variation These Terms and Conditions may be varied by the Issuing Parties without cause by providing the Broker with 30 days’ written notice, unless the variation is to comply with a statutory requirement where immediate notice will apply. Further, these Terms and Conditions may be terminated without cause by either party by providing 30 days’ written notice to the other or immediately if a party has its AFSL varied, suspended or cancelled. The Issuing Parties reserves the right to terminate these Terms and Conditions immediately by providing written notice to the Broker if the Broker is subject to an insolvency event, breaches a condition, or engages in serious misconduct including fraudulent activity, or there is a statutory requirement. As soon as practicable after any termination of these Terms and Conditions and in any event within 60 days, each party must pay all money owed to the other if any, after taking into account any adjustments required and each party must return at its own expense all hard copy documents including marketing materials supplied by the other party and not access electronic copies. Contact Details A party will provide notice to the other of any change of address, telephone numbers and e-mail address as soon as practicable after such change. Inconsistency & No Assignment In the event of any inconsistency between these Terms and Conditions and the PDS, policy wording or insurance documentation associated with the contract of insurance, the PDS, policy wording or insurance documentation will take precedence. The Broker may not assign its rights or transfer obligations under these Terms and Conditions without the prior written consent of the Issuing Parties. Governing Law These Terms and Conditions will be governed by the laws of South Australia and the parties irrevocably submit unconditionally to the non-exclusive jurisdiction of the Courts of South Australia and any courts which may hear appeals from those Courts. Landcover Terms and Conditions of Trade: Version 1.01 dated 01/10/2023Name* First Last Position*Mobile number*Email* Name of Brokerage*Postal address* Street Address Suburb State Select StateAustralian Capital TerritoryNew South WalesNorthern TerritoryQueenslandSouth AustraliaTasmaniaVictoriaWestern Australia Postcode Office Phone No*ABN*AFSL number*AR number*Principal contactName*Email* Phone*Sales and Marketing contactName*Email* Phone*Accounts/Admin ContactName*Email* Phone*Account Details for Referring paymentsAccount Name*BSB*Account No*Do you belong to any cluster group?*Select one...NoSteadfastAus BrokersIBNAOtherPlease listEmailThis field is for validation purposes and should be left unchanged.
