These terms and conditions apply to your access to and use of the Health Partners:
a. Website;
b. Mobile Applications (Health Partners app); and
c. the Health Partners portal,
(together our Online Services). Terms specific to certain platforms of Health Partners’ Online Services appear at the end of this document.
By registering for, downloading and/or using any of Health Partners’ Online Services, you agree that you will be bound by and will comply with these terms and conditions, and will ensure that anyone else who uses our Online Services on your Mobile Device or desktop (irrespective of whether such person does so with your permission or otherwise), will also comply with these terms and conditions. On accessing Health Partners’ Online Services, you accept the following terms and conditions, without limitation or qualification. If you do not accept these terms and conditions, you must refrain from using the Online Services.
These terms and conditions must be read in conjunction with any other agreement between you and Health Partners. As well as these terms and conditions, Health Partners health insurance policy terms and conditions apply to any products or services provided by Health Partners, as well as any other specific terms and conditions applicable to your Policy. Policy wordings are available on the Website or via the Health Partners Product Disclosure Statement (PDS). Your use of our software, including the Mobile Applications, may also be subject to a further licence agreement.
Amendment
Health Partners reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting at www.healthpartners.com.au/appuseragreement, unless a later effective date is specified. Continued use of the Online Services by you following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.
Policy
In order to use some or all features of the Online Services, you may be required to hold a current health insurance policy with Health Partners. You acknowledge and agree that without such policy you may not be able to access certain functionality of Online Services.
Your entry into this document and your use of the Online Services do not and will not, in and of themselves, provide you with any health insurance coverage or other related services. Health Partners will only provide you with health insurance benefits in accordance with your health insurance policy.
You should consider carefully whether any health insurance policy is suitable for your needs. The Company’s Product Disclosure Statement includes important information about taking out private health cover with the Company, and is available at http://www.healthpartners.com.au/memberguide.
Intellectual Property
Unless otherwise stated, the contents of Health Partners’ Online Services including, but not limited to, the Health Partners name and logo, the text, images and their arrangement are the property of Health Partners and must not be altered in any way nor copied for use in other services, websites or publications, without the written consent of Health Partners. All trade marks used or referred to in the Online Services are the property of their respective owners.
Health Partners retains all right, title and interest to all intellectual property rights subsisting in the Online Services, and any part thereof. Nothing contained in the Online Services will be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trade mark or other proprietary interest of Health Partners or any third party. The Online Services and the content provided via the Online Services, including but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Health Partners, except that you may download, display, and print out a copy of the materials on any single device solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trade mark, and other proprietary interests.
Specific Warnings
You must ensure that your access to the Online Services is not illegal or prohibited by laws which apply to you.
Whilst Health Partners has no reason to believe that any information supplied as part of the Online Services is inaccurate, it does not warrant the accuracy, adequacy or completeness of such information, nor does it undertake to keep the Online Services updated. Health Partners does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information supplied as part of the Online Services.
Health Partners does not give you any assurances that any information supplied as part of the Online Services will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that the reliance you make will be on your own independent assessments with the aid of qualified independent advice.
Where the information made available over the Online Services contains opinions or judgments of third parties, Health Partners does not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. Health Partners does not accept liability for loss or damage caused by your reliance upon any information obtained through the Online Services and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of advertisements (if any) appearing as part of the Online Services (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by use of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
The Online Services may contain links to other websites or materials (“linked materials”). Those links are provided for convenience only and may not remain current or be maintained. Health Partners is not responsible for the content or privacy practices associated with linked materials. Health Partners’ links to linked materials should not be construed as an endorsement, approval or recommendation by Health Partners of the owners or operators of those linked materials, or of the information, graphics, materials, products or services referred to or contained in those linked materials, unless and to the extent stipulated to the contrary.
Disclaimer
Health Partners’ Online Services and its contents are provided “as is” and Health Partners makes no representation or warranty of any kind with respect to its Online Services or any site or service accessible through its Online Services. To the full extent permitted by applicable law, Health Partners expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Health Partners be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site, service, link to, or any copying, displaying, or use.
Without limiting the preceding paragraph, to the full extent permitted by applicable law, Health Partners’ liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Health Partners, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at Health Partners’ option):
- in the case of goods – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
- in the case of services, including the Online Services – supplying the services again or paying the cost of having the services supplied again.
Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, Health Partners’ maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
You acknowledge that you have exercised your independent judgment in acquiring the Online Services and have not relied on any representation made by Health Partners which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Health Partners.
Jurisdiction
Health Partners maintains its Online Services in South Australia and you agree that these terms of use and any legal action or proceedings relating to Online Services shall be governed by the law of the State of South Australia without reference to its choice of law or rules. If you attempt to bring any legal proceedings against Health Partners, you specifically acknowledge that Health Partners is free to choose the jurisdiction of our preference as to where action against us may be brought. As you have agreed by using these Online Services to choose the laws of the State of South Australia to govern any such proceedings, we will probably choose to defend any action in South Australia but we make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing these Online Services and you agree that you will not access or use the information on these Online Services in violation of those laws.
Changes to Online Services
Health Partners can, at any time, make changes to (including adding and removing) the functionality, format, content, means of accessing, or operating system specifications for, the Online Services. We can make these changes without prior notice to you.
Health Partners can also cease to offer the Online Services, or any part thereof, at any time without prior notice to you.
Information about you
The way that Health Partners collects, holds, uses and discloses your personal information is explained in our Privacy Policy. By using the Online Services you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Any information submitted by you through these Online Services is deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit that information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
You agree to ensure that any information provided about you, including as part of your registration for an Account, is true and accurate and remains so at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
Online Services availability
We will endeavour to provide you with uninterrupted access to Online Services, subject to any necessary downtime that may be required for system maintenance, repairs and updating, or loss of access resulting from matters beyond our control. You agree that you will not rely on the availability of the Online Services. Health Partners does not accept liability for loss or damage caused by your reliance on the availability of the Online Services.
The availability of the Online Services remains subject to Health Partners’ ongoing ability to change or cease to offer the Online Services, or any part thereof, as discussed above.
Restrictions
You are provided with access to the Online Services for your personal use. You must not rent, lease, lend, sell, transfer, redistribute, resupply or sublicense the Online Services. If you sell or otherwise dispose of, transfer or assign any devices authorised to access the Online Services, you must log out of the Online Services on such device before doing so.
Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Online Services, or any part thereof.
Security and unauthorised use
You undertake to take responsibility for, and reasonable care to prevent, any unauthorised use of, and access to, your Account and to protect your personal information and log in details at all times.
a. You must:
i. keep your login details (including your Membership Number and Password or other security features) strictly confidential and not disclose the same to any other person;
ii. safeguard your login details (including your Membership Number and Password or other security features) from any unauthorised access or use (this includes by not writing down your login details or Password);
iii. not permit any other person to use your login details (including your Membership Number and Password or other security features); and
iv. follow our advice about processes and safeguards when using Online Services to help prevent unauthorised access to your Account.
b. If you believe that your login details (or other security features) have become, or may be, known to anyone other than yourself, or that there has been unauthorised access to your Account, you must immediately:
i. change your Password (or other security features); and
ii. tell us immediately by calling us on our contact numbers listed on the Contact Us page of the Website.
Health Partners will not be liable for any loss of data or unauthorised disclosure of any personal information contained within the password-protected areas of its Online Services.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Health Partners strives to protect such information, it does not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to Health Partners via the Online Services is transmitted at your sole risk. Nevertheless, once Health Partners receives transmissions from you, it will take reasonable steps to preserve the security of such information.
You must take your own precautions to ensure that the process which you employ for accessing the Online Services does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to your own device which arises in connection with your use of the Online Services or any linked website.
Protecting your PIN and Password
You must always:
- memorise the password or PIN as soon as possible - if you record it, disguise it so others can’t decipher it;
- if you nominate a PIN, use a number that is not obvious or can’t be easily guessed (e.g. don’t use date of birth or driver’s licence number); and
- take precautions when using Health Partners’ Online Services (e.g. don’t let anyone watch you enter your PIN or password).
You must never:
- tell or let anyone find out your password or PIN - not even family or friends;
- record a password or PIN on your device or computer;
- keep a record of the password or PIN with your device
You acknowledge and agree that you will be responsible for any activities engaged in using your Account, whether or not access is authorised by you.
Account closure or suspension
Closing your Account
You can close your Account at any time by contacting us. Simply removing a Mobile Application from your Mobile Device will not have the effect of closing your Account. You will remain responsible for any transactions made on your Account via the Online Services.
Suspending access to Online Services
We can suspend or end your access to the Online Services (or any part of the Online Services) at any time as we see fit. This many include when your policy is in arrears or has been terminated.
If your Account is terminated or suspended by Health Partners, you must not access any other Accounts, or create any further Accounts.
