1. Overview
1.1 The Work Better by Medibank App is provided by Medibank Private Limited ACN 080 890 259 (Medibank) on behalf of your organisation.
1.2 To be eligible to access and use the Work Better by Medibank App, you must be 18 years or older and be primarily resident in Australia.
1.3 By accessing and using the Work Better by Medibank App, you acknowledge and agree to these Terms of Service. Please read these Terms of Service carefully before using the Work Better by Medibank App and do not use the Work Better by Medibank App if you do not agree to these Terms of Service.
1.4 Medibank may vary these Terms of Service at any time by written notice to you before a change becomes effective, either by notice displayed on the screen on the Work Better by Medibank App, to your nominated email address or by any other reasonable channel. It is your responsibility to read any such notice, and/or check the Terms of Service whenever you log in to, or access, the Work Better by Medibank App. Each time you access the Work Better by Medibank App, you will be taken to be agreeing to these Terms of Service. If you are not happy with a variation to these Terms of Service, you may cease using or delete the Work Better by Medibank App.
2. Important information
2.1 No medical advice. The Work Better by Medibank App is for informational purposes only and is not intended to be (or a substitute for) professional medical advice. The Work Better by Medibank App should not be relied on to diagnose or treat a health condition. Please consult a health care professional for advice about specific health conditions or treatment. Never disregard medical advice or delay seeking medical advice because of the Work Better by Medibank App. In an emergency, call 000.
2.2 Exercise information. When exercising, there is a risk of injury or illness. Although Medibank tries to outline safe exercises, Medibank cannot prevent injuries. If you are unfamiliar with the proper and safe techniques and equipment for certain exercises, please seek advice before performing them. If you have a health condition which may affect your ability to exercise, consult a health care professional before exercising. Stop exercising if you experience any headaches, dizziness, shortness of breath, or discomfort and consult a health care professional.
2.3 Nutritional information. The nutritional information on the Work Better by Medibank App is of a general nature and does not consider lifestyle factors or nutritional needs specific to you. If you have a health condition, are taking medication or have food allergies, sensitivities or intolerances, consult a health care professional before making changes to your usual nutritional intake.
2.4 As-is basis. Medibank will use reasonable efforts to ensure the information provided on the Work Better by Medibank App is accurate, current, and complete. However, the Work Better by Medibank App is provided on an “as-is” and “as-available” basis. Subject to any rights under law which cannot be excluded, Medibank does not warrant that your use of the Work Better by Medibank App will be uninterrupted or free from errors, faults or inaccuracies.
2.5 Third party products and services. The Work Better by Medibank App may contain recommendations and links to third party products and services. These links will direct you out of the Work Better by Medibank App to a website or app owned by a third party. To the extent permitted by law and provided Medibank has not been fraudulent, negligent or engaged in deliberate misconduct, Medibank is not responsible for your use of such third party products and services.
2.6 Your rights under the Australian Consumer Law. Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred by applicable Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
3. Your access and use of the Work Better by Medibank App
3.1 Medibank grants you a non-exclusive, limited, non-transferable, freely revocable licence to access and use the Work Better by Medibank App for your personal use subject to these Terms of Service. This right is granted to you personally and you may not transfer or allow another person to access or use the Work Better by Medibank App.
3.2 No transfer of ownership of any intellectual property rights will occur under these Terms of Service. You have no intellectual property rights in and to the Work Better by Medibank App other than the right to access and use the Work Better by Medibank App in accordance with these Terms of Service.
4. Restrictions on your access and use
4.1 You must not:
(a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, non-public APIs, or technology of or underlying the Work Better by Medibank App;
(b) copy, reproduce, modify, adapt, transform, translate, or create derivative works based on the Work Better by Medibank App;
(c) circumvent any access or usage limits or other timing, use or functionality restrictions built into or that otherwise may apply to the Work Better by Medibank App;
(d) remove any proprietary notices, labels, or marks from the Work Better by Medibank App;
(e) access or use the Work Better by Medibank App for the purpose of building a product or service with similar ideas, features, functionality, or capabilities as the Work Better by Medibank App;
(f) intentionally interfere with or disrupt the integrity or performance of the Work Better by Medibank App;
(g) transmit or store any content or communications (commercial or otherwise) that are illegal, harmful, obscene, excessively profane, defamatory, tortious, or which infringe upon, misappropriate, or violate the rights (including intellectual property rights) of others, or which target minor children, are confirmed to be criminal misinformation, pose a threat to public health or safety, or propagate or advocate for violence, exploitation, abuse, discrimination against individuals or groups, or hate toward others;
(h) create a false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications;
(i) knowingly or intentionally threaten the integrity of the Work Better by Medibank App, including conduct to:
(i) interfere with or otherwise negatively impact any aspect of the Work Better by Medibank App or any third-party networks that are linked to the Work Better by Medibank App;
(ii) attempt to bypass, exploit, defeat, or disable any limitations or restrictions that have been placed on the Work Better by Medibank App;
(iii) attempt to uncover security vulnerabilities for the purpose of exploiting the Work Better by Medibank App or attempting to bypass any security mechanism or filtering capabilities;
(iv) perform a denial of service (DoS) attack on the Work Better by Medibank App or any other conduct that attempts to disrupt, disable, or overload the Work Better by Medibank App;
(v) transmit code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Work Better by Medibank App, or that otherwise create a vulnerability in or security risk to the integrity of the Work Better by Medibank App; or
(vi) attempt to gain, or attempt to allow others to gain, unauthorised access to the Work Better by Medibank App or any part thereof.
4.2 Your access and use of the Work Better by Medibank App may be monitored for the purposes of identifying material threats to the security, integrity, or availability of the Work Better by Medibank App or to the infrastructure used to provide the Work Better by Medibank App.
5. Limitation of liability
5.1 Subject to any rights under law which cannot be excluded (including under the Australian Consumer Law), Medibank and its officers, employees and agents accept no liability for any loss, damage, illness or injury (including any loss of profits or income, business interruption or loss or corruption of data or other information):
(a) arising from:
(i) your access to or use of the Work Better by Medibank App or applications linked from the Work Better by Medibank App;
(ii) the information on the Work Better by Medibank App, or on any websites or applications linked from the Work Better by Medibank App, being incorrect, incomplete or misleading;
(iii) any reliance on, action or indecision by you in reliance of the information contained on the Work Better by Medibank App;
(iv) any delay or interruption in access to or use of the Work Better by Medibank App or websites or applications linked from the Work Better by Medibank App;
(v) any interference, loss, damage or disruption to your own smartphone; and
(vi) your use of any third party products or services that are recommended by or linked in the Work Better by Medibank App; or
(b) for any personal injury, including death, caused by access to, use or misuse of the Work Better by Medibank App, including its content and services, unless caused or contributed to by the negligence, fraud, or deliberate misconduct of Medibank or its officers, employees or agents.
5.2 Subject to any rights under law which cannot be excluded (including under the Australian Consumer Law), Medibank’s licensors, contractors and vendors will have no liability to you in connection with your use of the Work Better by Medibank App, and you release them from liability in relation to, any and all claims, losses, liabilities, damages, costs and expenses of any nature whatsoever in connection with your use of the Work Better by Medibank App. However, this limitation of liability does not apply to the extent the negligence, fraud, or deliberate misconduct of Medibank’s licensors, contractors and vendors caused or contributed to the liability.
6. Privacy and direct marketing
6.1 By accessing or using the Work Better by Medibank App, you agree to the collection, use and disclosure of your personal information in accordance with our privacy policy and our collection notice made available to you at the time you create an account within the Work Better by Medibank App (or other collection notices you consent to from time to time).
6.2 If you opt-in to receive promotional and other messages during signup or in the settings of the Work Better by Medibank App, you consent to Medibank and its related bodies corporate sending you communications in connection with the Work Better by Medibank App to the email address you use to login. You may opt out of receiving these messages at any time by using the opt-out facility embedded in such communications or through the settings in the Work Better by Medibank App.
6.3 We may send you non-promotional emails in connection with the Work Better by Medibank App, such as emails notifying you of changes to these Terms of Service or our Privacy Policy. You cannot opt out of receiving important non-promotional messages.
6.4 Deletion of your personal information. You may request deletion of your personal information we have collected in relation to your use of the Work Better by Medibank App. To make a request, you can:
(a) log in to your Work Better by Medibank App account and use the “Delete your account” function in “Settings”, or
(b) email your request to workbetterapp@medibank.com.au
6.5 Please note that, once your account is deleted, we still need to retain some information in accordance with minimum retention periods under applicable laws. For more information on how we handle your personal information and your rights, please see our Privacy Policy.
7. Third party integrations
7.1 If you wish to integrate the Work Better by Medibank App with your data from third party applications (such as Apple Health, Google Fit, Garmin, or Fitbit), you will need to consent to your data being shared between these applications. If you consent for any data to be shared, this data may be shared automatically between the Work Better by Medibank App and the third party application. If you manually update any data in the Work Better by Medibank App, the data may automatically update in the third party application and vice versa.
7.2 If you do not consent to your data being shared between the Work Better by Medibank App and a third party application, the Work Better by Medibank App will not be integrated with the third party application and no data you input to the Work Better by Medibank App will be shared with, or received by, that third party application.
8. Third party terms and conditions
8.1 Apple Media Services Terms and Conditions. If you have obtained the Work Better by Medibank App via the Apple App Store, you acknowledge and agree that:
(a) these Terms of Service are between you and Medibank, and not Apple, Inc. (Apple);
(b) Medibank, and not Apple, is solely responsible for the Work Better by Medibank App;
(c) your use of the Work Better by Medibank App is subject to Apple's Usage Rules set out in the Apple Media Services Terms and Conditions;
(d) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Work Better by Medibank App;
(e) in the event of any failure of the Work Better by Medibank App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid (if any) for the Work Better by Medibank App;
(f) subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Apple will have no other warranty obligation whatsoever with respect to the Work Better by Medibank App;
(g) Apple is not responsible for any claims that you have arising out of your use of the Work Better by Medibank App;
(h) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Work Better by Medibank App infringes that third party’s intellectual property rights;
(i) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary; and
(j) you represent and warrant that:
(i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and
(ii) you are not listed on any United States Government list of prohibited or restricted parties.
8.2 Google Play Terms and Conditions. If you have obtained the Work Better by Medibank App via the Google Play Store, your access and use of the Work Better by Medibank App is also subject to the Google Play Store Terms of Service.
8.3 Third party applications. To the extent that you choose to integrate the Work Better by Medibank App with your data from Apple Health, Google Fit, Garmin, Fitbit, or any other third party application, your access and use of the Work Better by Medibank App is subject to your compliance with the terms and conditions of those platforms and applications.
9. Suspension and Termination
9.1 Medibank may suspend your access to the Work Better by Medibank App without notice at any time if:
(a) you breach any of these Terms of Service;
(b) the provision of the Work Better by Medibank App violates any applicable law;
(c) Medibank is entitled to suspend your access to the Work Better by Medibank App under Medibank’s agreement with your organisation; or
(d) Medibank is otherwise unable to provide the Work Better by Medibank App due to events outside of its reasonable control.
9.2 Medibank may terminate these Terms of Service and your licence to access and use the Work Better by Medibank App if:
(a) you breach any of the terms of these Terms of Service;
(b) your Work Better by Medibank App account is deleted; or
(c) Medibank’s agreement with your organisation to provide the Work Better by Medibank App expires or is terminated.
10. General
10.1 Compliance with applicable law. You agree to comply with all applicable laws in connection with your use of the Work Better by Medibank App.
10.2 Assignment. You may not assign or otherwise deal with your rights these Terms of Service without the prior written consent of Medibank, which may not be unreasonably withheld.
10.3 Severability. If a particular provision of these Terms of Service is found to be invalid or unenforceable, it will not affect the other provisions and these Terms of Service will be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
10.4 Waiver. Medibank’s express waiver or failure to enforce any provision of these Terms of Service will in no way be construed to be a present or future waiver of such provision nor affect Medibank’s ability to enforce any provision thereafter.
10.5 Changes to the Work Better by Medibank App. Medibank may make or procure improvements and/or modifications to the Work Better by Medibank App from time to time, including using continuous deployment practices that may include the deployment of changes to the Work Better by Medibank App multiple times per day.
10.6 Governing Law. The law in force in Victoria, Australia governs these Terms of Service. The parties submit to the non-exclusive jurisdiction of the courts of that place.
10.7 Contacting Medibank. If you have a question, complaint or claim in relation to the Work Better by Medibank App or these Terms of Service, you may contact Medibank using the following details:
Address: Wurundjeri Land, Level 2, 695 Collins Street, Docklands VIC 3008
Email: workbetterapp@medibank.com.au
Phone: 13 41 90