Your use of the Member Online Services demonstrates your acceptance of the Conditions of Use of Transport Health Member Online Services.
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Transport Health Pty Ltd ABN 39 099 028 127 (‘maintains this website (www.transporthealth.com.au) (‘Site’) for the purposes of providing you with general information about Transport health fund and private health insurance products. The information on this Site and these General Terms and Conditions of Use (Terms) have been prepared in accordance with Australian law, but may not satisfy the laws of other countries.
The terms set out in this document apply to all users of this Site. By using this Site, you accept and agree to these Terms. Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability.
We may change these 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 the Site after changes are posted, you are taken to have accepted all changes to the Terms.
1. Disclaimers, liability limitation and indemnity
2. Intellectual property
3. User conduct
4. Applicable law and jurisdiction
Disclaimers, liability limitation and indemnity
No advice given
The resources provided on this Site are general in nature and are not a substitute for the advice of your personal physician or other qualified health care professional. You should not take any decision or action on the sole basis of the information contained in this Site.
For specific advice relating to your individual circumstances, please consult your Transport health fund member care team call Transport health fund on 1300 806 808
Quote calculator
You acknowledge and agree that the calculations produced by any ‘quote calculator’, ‘contribution calculator’ or any similar services on this Site are estimates only and not binding on Transport health fund in any way.
No representations or warranties
We have provided the information on this Site in good faith and will use reasonable endeavours to update the information on this Site regularly. However, we do not warrant the completeness or accuracy of any information provided. To the extent permitted by law:
- this Site and its content and site-related services are provided ‘as is’ with no representations or warranties of any kind;
- you assume total responsibility and risk for your use of this Site and the information and site-related services;
- no oral or written information or advice given by us, our agents, or authorised representatives shall create a warranty or in any way increase the scope of any warranties provided under these Terms; and
- we exclude all terms, conditions and representations, expressed or implied, other than these Terms, in relation to the use of the Site.
Operation of the site
We do not warrant that access to the Site will be uninterrupted, or that the services offered on the Site will be error-free. We reserve the right at any time to amend any content or change or discontinue any feature on the Site, hours of availability and equipment or software required for access.
Liability
To the extent permitted by law, we exclude all liability for any loss or damage, including any indirect or consequential loss (and in any event loss of data or loss of profits) arising from or in connection with the use of the Site (including inability to use the Site) or any services provided through the Site, whether or not caused by Transport health fund’s negligence, and even where we have been informed of the possibility of such loss.
Without limiting the foregoing, to the extent permitted by law, our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
- In the case of information or services supplied or offered by us – the resupply of the information or services or payment of the cost of doing this; and
- In the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.
Indemnity
To the extent permitted by law, you indemnify us, our affiliates and our respective employees, content providers and licensors (collectively ‘indemnified’) 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 any of the indemnified (‘our loss’) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Site.
Without limiting the preceding paragraph, you indemnify the indemnified for any 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 username and password) providing any information or materials to us by using this Site.
Links to other sites
This website may provide links to other websites that are not owned or controlled by Transport health fund (‘External Sites’). We are not responsible for the accuracy, legality or decency of material provided or copyright compliance of any such External Sites. Links to other websites are provided for your convenience and do not constitute or imply endorsement by Transport health fund of those sites, the information they contain, or any products or services they describe.
Intellectual property
Unless otherwise indicated, all information, pictures, graphics, text, names, logos, video images, audio clips, software and trademarks referred to on this site are the exclusive property of Transport health fund or affiliates or have been licensed to them and may only be used in accordance with these Terms. The content of this Site is protected by Australian and international copyright and trademark laws. Unauthorised use of the content may violate these laws.
The use by us of a third party trademark on this site is not intended to indicate any association with or endorsement by us of that trademark.
We can use your feedback
When you send us any feedback or suggestions about this Site or the business of Transport health fund, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation. In addition, you agree to waive all ‘moral rights’ in your feedback or suggestions.
If you think your copyright has been infringed
We take issues of copyright and intellectual property very seriously. If you believe that any part of this Site in any way infringes your copyright or other intellectual property rights, please contact us at enquiries@transporthealth.com.au.
User conduct
Security
Although we have implemented security measures in relation to information provided by you, you agree that the Internet is inherently insecure and that, to the extent permitted by law, we will not be responsible for any breach of security or unintended loss or disclosure of such information.
If any part of this Site requires you to provide a username and password in order to access or otherwise use any part of this Site, you must maintain the confidentiality of your password and login. You are entirely responsible for, and will be deemed to have taken, all actions that occur through use of your password and login. You must immediately notify us of any unauthorised use of your password or login of which you become aware.
Personal use
We authorise you to print, copy, reproduce and download materials on this Site exclusively for personal use, and the materials not being modified in any manner. No part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our written permission, other than as permitted by law or as expressly stated in the materials.
Commercial use
Without limiting the above, copying, downloading, reproduction or distribution of materials from this Site for commercial use is expressly prohibited without our prior written consent.
Hyper-linking and in particular, but without limitation, deep linking is expressly prohibited without our prior written consent, such consent is at our sole discretion.
You may not collect email addresses listed on this Site for any purposes connected with the production of marketing or email databases.
Privacy
Our privacy policy, as set out here, will apply to your use of this Site. By using this Site, you consent to the use, disclosure and transfer of personal information that you provide as described in the policy.
Without limiting the foregoing, we may collect and use personal information about an individual:
- to assist us in providing (or arranging for third parties to provide) our members with health services and benefits; and
- to send information to our members (including newsletters and emails) for promotional or marketing purposes relating to Transport health fund or other organisations that Transport health fund promotes (‘Materials’).
Without limiting the foregoing, we may disclose personal information about our members to:
- government authorities, regulatory bodies, law enforcement bodies or agencies where such disclosure is required by law or is desirable in our opinion;
- third party organisations that we use in the ordinary administration of our business;
- third party service providers for the purposes of providing products and services to our members; and
- other parties associated with the administration or operation of our functions.
You may request access to personal information about you held by us by contacting Transport health fund at enquiries@transporthealth.com.au
Applicable law and jurisdiction
This Site and the services provided by the Site are hosted via an Australian domiciled website and all private and confidential data is retained in Australia.
Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia, in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.
Unenforceable terms
If any provision of the terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining terms.
Site or content may be unlawful outside Australia
The information on this Site and these Terms have been prepared in accordance with Australian laws, but may not satisfy the laws of other countries. We do not warrant that the content of this Site complies with the laws of any country outside of Australia. If you access this Site 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.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this Site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet Industry Codes of Practice).