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Terms and conditions

Disclaimer, legal notices and acceptable use policy 1. Disclaimers, Limitation of Liability and Indemnity 2. Privacy 3. MyBupa Terms of Use 4. Copyright and Intellectual Property Notices 5. User conduct 6. Applicable law

Disclaimer, legal notices and acceptable use policy

When you access our website, bupa.com.au, or use our online or digital services through the website (Platform), you agree to these terms and conditions (Terms). Access to and use of the Platform is provided by Bupa HI Pty Ltd (ABN 81 000 057 590) and its related bodies corporate (Bupa, we, us and our) on the following conditions.

We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access our Platform after changes are posted, you are taken to have accepted such changes. These Terms were last updated on 15 March 2021.

1. Disclaimers, Limitation of Liability and Indemnity

1.1 General disclaimers

Use of our Platform is at your risk. Neither Bupa nor its affiliates and any of their respective employees, agents, third party content providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this Platform, its use, its content or any products or services (including our products or services) referred to on this Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. your reliance on the completeness, accuracy, suitability or currency of the Platform or its content. For example, all results from the calculators are simulations, which are indicative approximations only and are neither a binding quote nor a pre-qualification for cover;
  2. failure of, or delay in, the performance, operation or transmission of this Platform or data on or through this Platform, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  3. accessing any websites or servers maintained by other organisations through links on this Platform. Links are provided for convenience only, and we do not accept responsibility for the content or operation of those websites. Unless otherwise stated, we do not endorse linked websites or their products and services;
  4. defamatory, threatening, offensive or unlawful conduct of third parties; and
  5. a breach by us of our Information Handling Policy (PDF, 89.7KB)

1.2 Health Insurance policy terms

All health insurance policies issued by Bupa are subject to the terms of the Fund Rules:

Fund Rules for Australian residents (PDF, 179 KB)

Fund Rules for overseas working visitors (PDF, 580 KB)

Fund Rules for overseas non-working visitors (PDF, 444 KB)

Fund Rules for overseas students (PDF 306 KB)

1.3 No advice given

If you require specific advice for your individual circumstances, please call us on 134 135 or +61 3 9487 6400 (from overseas). Do not rely on the general material provided on this Platform.

Bupa provides this Platform in order to allow its users to view information including general health information and information about our products and services.

The resources provided on this Platform are not a substitute for the advice of your personal physician or other qualified healthcare professional. The mention of specific products or services on this Platform does not constitute or imply a recommendation or endorsement by Bupa unless specifically stated.

1.4 Warranty disclaimer

Bupa provides the information on this Platform. This Platform and its content and related services are provided on an "as is and as available" basis with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

You assume total responsibility and risk for your use of this Platform, related services, and hyperlinked websites. No oral or written information or advice given by Bupa, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.

Bupa is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these Terms by Bupa or the negligence of Bupa or its representatives.

1.5 Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

  1. in the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
  2. in the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

1.6 Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (Our Loss) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Platform.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your login credentials) using this Platform.

1.7 Rights we cannot exclude, limit or disclaim

This disclaimer, limitation of liability and indemnity do not exclude any rights which, by law, may not be excluded.

1.8 Information on this Platform

The materials on this Platform are provided on an "as is and as available" basis, and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. Bupa disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Bupa makes no claim or representation as to the accuracy of the content contained on this Platform. Bupa does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this Platform, or any other information incorporated by reference.

All information on this Platform is provided by Bupa on the basis that all persons accessing this Platform undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

1.9 Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the Platform, we make no guarantees as to its correctness or accuracy. It is possible that this Platform contains typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

1.10 Revisions, changes, and updates

We may remove or modify products, services and the information on this Platform without notice. Bupa may also make improvements and/or changes in products and/or services described on the Platform or add new features at any time without notice. We encourage you to periodically re-read these Terms and Conditions to see if there have been any changes to our policies that may affect you.

2. Privacy

2.1 How we will handle your information

We may monitor your activity on the Platform and conduct analytics including through the use of cookies. All personal information collected, transmitted, stored or otherwise processed on the Platform will be handled in accordance with our Information Handling Policy, which can be found at www.bupa.com.au/privacy-and-security.

2.2 Click-stream data and cookies

A "cookie" is a small text file placed on your computer by a web server when you access a web site. Bupa generally uses cookies to make a record of your visit and will log details about your access to the Platform, including the following:

  1. your IP address;
  2. the date and time of access to the Platform;
  3. pages accessed and documents downloaded;
  4. any access credentials and tokens;
  5. previous web site(s) visited; and
  6. the type of browser software in use.

Bupa uses this information for various purposes including:

  1. marketing and analytics;
  2. statistical purposes;
  3. to enable you to access online services; and
  4. to determine whether you have previously used parts of the web site or to identify the pages you have accessed.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this web site.

3. MyBupa Terms of Use

In addition to these Terms, when you register for and use myBupa your use of that service is subject to the myBupa Terms of Use, which you can access at my.bupa.com.au/terms-and-conditions (myBupa Terms) and the Bupa Apple Pay Terms and Conditions, which you can access at bupa.com.au/card/apple-pay-terms (Bupa Apple Pay Terms).

4. Copyright and Intellectual Property Notices

4.1 Copyright and trade mark notices

We own or licence the intellectual property rights in and to all information, text, material, graphics and advertisements on this Platform, unless otherwise stated.

No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

The product names and images on this Platform may be trade marks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trade marks, except as expressly authorised, is prohibited. The use by us of a third party trade mark on this Platform is not intended to indicate any association with, or endorsement by Bupa, of that trade mark or the associated entity.

4.2 We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, software comprising the Platform (including text, graphics, logos, button icons, videos, images, audio clips, design elements, interactive features software code and data) are owned, licensed by or controlled, and are reserved, by us. You must not modify, copy, reproduce, republish, adapt, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this Platform or expressly authorised in writing by us.

5. User conduct

5.1 Lawful and authorised use only

You must use this Platform only for lawful purposes and for the purposes explicitly communicated to you.

You are authorised to:

  1. Download and view content; and
  2. use the software and tools,

included in this Platform for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our content for commercial purposes.

You are not authorised, without our prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from our Platform.

This prohibition does not extend to materials on this Platform which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

5.2 Use

Bupa authorises you to print, copy, reproduce and download materials on this Platform, subject to the material being used exclusively for personal use, and the material not being modified in any manner. Commercial use is expressly prohibited, without Bupa’s prior written consent.

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this Platform may be reproduced without the written permission of Bupa.

5.3 General prohibitions

You must not (a) use this Platform, or any tools offered through this Platform, in a manner which; or (b) upload, post, transmit or otherwise make available through this Platform any material which:

  1. violates or infringes the rights of others (including their intellectual property or privacy rights);
  2. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  3. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  4. restricts or inhibits any other user from using or enjoying this Platform;
  5. decompiles or reverse engineers any part of this Platform;
  6. affects the functionality or operation of this Platform or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, knowingly or otherwise); or
  7. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

5.4 Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

5.5 Disclaimer about others' materials

You acknowledge that any third party materials appearing on this Platform are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

5.6 Termination

By using this Platform you agree to these terms and conditions of use.

These Terms are effective from your first use of this Platform until terminated by you or Bupa. You may only terminate these Terms by unsubscribing to all services provided by Bupa on this Platform and destroying all materials obtained from this Platform, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.

This agreement will terminate immediately, with notice from Bupa if, in Bupa’s sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from this Platform and unsubscribe from all services provided by Bupa on this Platform.

6. Applicable law

6.1 Victorian law applies

This Platform (excluding any linked, third party websites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.

6.2 Platform or content may be unlawful outside Australia

We do not warrant that the content of this Platform complies with the laws of any country outside of Australia. If you access this Platform from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

6.3 No offers where illegality arises

Nothing on this Platform constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.