Terms & Conditions of website use including online services

1. Acceptance of terms and conditions

1.1 These Terms & Conditions ('Terms') govern your access to and use of this website and the online services that may be provided to you. Please read them carefully before you use this website or register for the online services and each time you log in to the online services. Defence Health agrees to your use of this website and provides its online services to you, subject to these Terms. Your use of this website and/or your registration for online services signifies that you agree to be bound by, and abide by, these Terms, and has the same force and effect as if you had actually signed these Terms.

1.2 Your use of this website and/or registration and use of the online services is also subject to Defence Health's Privacy Policy. The personal information you provide when you register for and use the online services will be managed in accordance with subject to this policy.

1.3 Defence Health reserves the right to revise and update these Terms and our Privacy Policy from time to time. Your continued use of this website and the online services will mean that you accept those changes.

1.4 By registering for our online services, you consent to Defence Health sending you marketing, promotional and other commercial e-mails to the address you provide on registration unless you opt out. You can opt out of receiving these emails at any time by contacting us at info@defencehealth.com.au.

2. Defence Health online services

2.1 Defence Health will provide policy owners, who register via this website, with online access to their policy information.

2.2 Defence Health has the sole right and discretion to determine a policy owner's eligibility for access to online services, the extent of that access and the level of online services that will or will not be made available. It may also, at its sole discretion and without notice, terminate a policy holder's password or PIN number, deactivate their online account for any reason and/or discontinue providing any or all of the online services. You agree that Defence Health will not be liable to you or any third-party for any termination or restriction of your access to the online services.

2.3 Defence Health reserves the right at any time to time to modify or discontinue, temporarily or permanently, all or any part of the online services with or without notice. You agree that Defence Health will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any of the online services.

3. Your obligations

3.1 You agree that in using this website and/or the online services:

    a) you are responsible for all content that you upload or otherwise provide to Defence Health via this website and the online services and you will provide true, accurate, current and complete information about yourself as prompted by the registration process. In particular to register, you must provide your real name, birth date and email address;
    b) if you provide any information that is untrue, inaccurate, not current or incomplete, or Defence Health has reasonable grounds to suspect you have, it has the right to suspend or terminate your registration and refuse any or all current or future use of our online services;
    c) you will not use the online services to access information or perform services related to another person unless expressly permitted by us or an authorised person;
    d) you will not upload, send, post or otherwise transmit to this website any unsolicited messages or any offensive, harmful, defamatory, fraudulent or otherwise unlawful material or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    e) you will not impersonate or falsely misrepresent any person, policy holder or other person covered by a Defence Health insurance policy;
    f) you are responsible for the use of this website and the online services, the use of any tools on this website and any breach of these Terms by any persons authorised by you to use your password or PIN number and any other security information belonging to you;
    g) you will not use this website or any of the online services for any purpose that is unlawful, breaches any law, infringes a third party's rights or is prohibited by these Terms, including anything which affects the security of this website or interferes with other users (including transmission of spam).

4. Policy holder registration and security ID (login ID, password and security questions)

4.1 If you are a Defence Health policy holder and wish to use our online services, you must first follow the registration procedure on this website.

4.2 You are responsible for ensuring that your password or PIN number and any other security information are kept secure and confidential. You should not disclose them to anyone. If you do , you are fully responsible for all actions that occur under your password or PIN number and in the name of your online services account.

4.3 If you lose control of your password or PIN number, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password or PIN number has been compromised for any reason, you should immediately notify Defence Health of this and of any unauthorised use of your password or PIN number or account and change your password or PIN number via this website.

4.4 You must ensure that you exit from (log out of) your account at the end of each online session.

5. Links

5.1 Defence Health may, from time to time, publish links to other third party websites on this website. Content, hyperlinks or information held on other sites are not the responsibility of Defence Health and it has no control over these sites or their availability and it does not endorse them or give any warranties or assume any responsibility as to their accuracy or dealings with the intellectual property rights of any person. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites.

5.2 You acknowledge and agree that Defence Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on anything on those third party websites.

6. Website and online services content, operations, functions and disclaimers

6.1 You expressly understand and agree that this website and the online services are provided to you on an "as is" and "as available" basis, and from time to time may contain errors, faults and inaccuracies.

6.2 Your use of this website and the online services is at your sole risk. Defence Health expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

6.3 Any material downloaded or otherwise obtained through the use of this website or the online services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

6.4 No advice or information, whether oral or written, obtained by you from Defence Health or through or from this website or the online services shall create any warranty not expressly stated in the Terms.

6.5 No warranty or responsibility for website content.

Defence Health has used its best endeavours to ensure that the content on this website, including the online services, is correct and current. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Defence Health does not warrant the reliability, accuracy, quality, currency or completeness of the content on this website or the online services and takes no responsibility for any error, omission or defect contained in that content.

6.6 Viruses and security

Defence Health does not represent or warrant that this website, its content or any other material accessible from this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

7. Exclusions and limitations

7.1 Implied terms

If you use this website, the Competition and Consumer Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between you and Defence Health, or may give you certain non-excludable remedies against Defence Health. If Defence Health breaches a non-excludable term, condition or warranty, then liability for that breach will be limited, to the extent possible at Defence Health's election, to:

a) the re-supply of the relevant goods, advice, service, recommendation or information; or

b) the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.

7.2 Exclusion of liability
Except to the extent that liability may not lawfully be excluded, Defence Health will not be under any liability to you (or any of your officers, agents or employees) for:

a) any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of or inability to use this website or your use of or reliance upon any of the information, online services or materials contained in this website or provided by this website to you; or

b) any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of this website or the online services.

7.3 Indemnity

You agree to indemnify Defence Health (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) harmless and hold them harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:

a) any breach by you of these Terms; or

b) any suit, claim or demand brought or made against Defence Health by or due to the conduct, act or omission of:  

  1. you; or
  2.  
  3. any person accessing any content through your online services account.
  4.  

8. Intellectual property rights

8.1 The content of this website is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this website. Defence Health's registered or pending trade marks are used on this site as are trade marks registered by other parties with their permission.

8.2 The materials and content accessed from or via this website (including software and web designs) contain proprietary and confidential information that is protected by applicable Australian intellectual property and other laws. You may view these material and content online or print a copy for your personal use and record and you may use the online documents to carry out the online services available to you. All other use, copying or reproduction of any part of this website unless otherwise permitted by these Terms, (including, without limitation, reproduction on any other website or systematic downloading of any content) is prohibited. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on this website without the express written permission of the owner of the trade mark.

8.3 You must not tamper with any copyright notice, nor tamper with or commercially use any trademark, logo or names (including business and domain names).You agree that you may not otherwise copy, change, adapt, communicate, sell or otherwise deal with the material on this website or available from the online services. Defence Health retains all right in relation to its online documents and may use them or the information on them for any of its purposes, subject to its Privacy Policy and privacy laws.

9. General

9.1 Other terms and conditions

These Terms are in addition to the terms and conditions:

a) contained in the Defence Health Rules as they apply to any online services;

b) that apply to any specific transactions undertaken by you with Defence Health; and

c) contained in any third party documents and websites accessed via this website. 

9.2 Waiver

Any failure by Defence Health to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted by it in writing.

9.3 Change of your details

You must advise Defence Health of any change of name, address, or other details at your earliest convenience after the change and within 2 (two) months of the change. Changes to any of your details may be made directly on our website or by calling or emailing us.

9.4 Defence Health contact details

If you have any questions or feedback about this website, please contact us:
Defence Health Limited ABN 80 008 629 481, AFSL 313890
PO Box 7518, Melbourne VIC 3004
info@defencehealth.com.au
Phone: 1800 335 425

9.5 Governing law

The laws of Victoria, Australia govern these Terms, and both you and Defence Health submit to the exclusive jurisdiction of the Courts of that State.

9.6 Entire agreement

These Terms and Defence Health's Privacy Policy, as may be amended from time to time, constitute the entire agreement between you and Defence Health as to the use of this website and the online services and supersede all prior or inconsistent statements or representations in that respect.

1 September 2014