Terms and Conditions

1.1 To participate in Live Better rewards, a person must:

(a) be an individual aged 18 years or over; and

(b) register to become a Live Better rewards Member through the Live Better rewards Platform.

1.2 Membership in Live Better rewards is not open to families, groups, companies, trusts, partnerships, other entities, government agencies, animals or inanimate objects.

1.3 There are 2 types of Live Better rewards Members:

(a) Rewards Members – who can earn Live Better points as set out in clause 4.2, and redeem Live Better points in exchange for rewards as set out in clauses 5, 6 and 7; and

(b) Non Rewards Members – who can earn Live Better points as set out in clause 4.4, but cannot redeem Live Better points in exchange for rewards.

1.4 To qualify as a Rewards Member:

(a) each of the following criteria must be satisfied:

(i) the person must be a Live Better rewards Member who has signed up to Live Better rewards through My Medibank;

(ii) that person must be insured under one or more Eligible Medibank Insurance Policies, all of which must not be suspended or cancelled for any reason, even if that person also holds another Medibank insurance policy that does not qualify as an Eligible Medibank Insurance Policy; and

(iii) the premium payments for all of the Eligible Medibank Insurance Policies referred to in clause 1.4(a)(ii) above must not be overdue or in arrears; or

(b) any alternative set of criteria as stated by the Live Better rewards Company on the Live Better rewards Platform from time to time must be satisfied.

Additional terms and conditions may apply to the redemption of a Reward depending on the type of Reward chosen (see clauses 5, 6 and 7).

1.5 If a Live Better rewards Member has previously qualified as a Rewards Member, but:

(a) all of their Eligible Medibank Insurance Policies are suspended or cancelled for any reason; or

(b) the premium payments for all of their Eligible Medibank Insurance Policies are overdue or in arrears,
then that Live Better rewards Member will immediately cease to be a Rewards Member (and will become a Non Rewards Member) at the time that the circumstances contemplated by clauses 1.5(a) or 1.5(b) first occur.

1.6 If a Live Better rewards Member ceases to be a Rewards Member (and becomes a Non Rewards Member) under clause 1.5, then (subject to the expiry of Live Better points under clause 10.1), that Live Better rewards Member will not lose any Live Better points that they may have earned before the cessation of their status as a Rewards Member. However, that Live Better rewards Member:

(a) will only be able to earn Live Better points as a Non Rewards Member (to the extent contemplated in clause 4);

(b) will not be able to redeem any Live Better points (as contemplated by clauses 5, 6 and 7);

(c) will not be able to transfer any Live Better points (as contemplated by clause 9); and

(d) except as otherwise determined by the Live Better rewards Company, will lose the ability to access some of the features of the Live Better rewards program through My Medibank,
until such time as they become a Rewards Member again by holding an Eligible Medibank Insurance Policy (which has not been suspended or cancelled) and ensuring that the premium payments for that policy are up to date.

1.7 Eligible Medibank Insurance Policy means any of the following types of health insurance policies issued under the Medibank brand:

(a) resident cover (excluding ambulance only covers); or

(b) visitors cover; and
consisting of (in relation to each cover referred to in (a) and (b) above):

(c) a hospital policy;

(d) an extras policy; or

(e) a combined hospital and extras policy.

“ahm” branded insurance products, ambulance only covers, Medibank branded pet, travel and life insurance products, and overseas student health cover do not qualify as Eligible Medibank Insurance Policies. The Live Better rewards Company retains the sole discretion to determine, from time to time, which insurance policies qualify (or do not qualify) as Eligible Medibank Insurance Policies.

1.8 The Live Better rewards Platform comprises a number of different mobile apps, web portals and websites. Not all services, features or parts of the Live Better rewards program will be available or accessible through all of the different Live Better rewards Platform systems and may vary from time to time at the discretion of the Live Better rewards Company. Live Better rewards Members may need to use a combination of the Live Better rewards Platform systems in order to access and use all of the services, features and parts of the Live Better rewards program.

2.1 When a person registers to become a Live Better rewards Member and each time that person

(a) logs into My Medibank;

(b) logs into any other Live Better rewards Platform;

(c) records, logs or undertakes an activity on the Live Better rewards Platform for which Live Better points are earned;

(d) links a Payment Card to their Live Better rewards Account in the manner specified in the Card Linking System Rules to make it a Linked Payment Card;

(e) purchases an Eligible Product or Service from a Program Partner; or

(f) redeems a Reward,

that person:

(g) is taken to have entered into the Membership Agreement;

(h) accepts and agrees to be bound by the terms of the Membership Agreement;

(i) accepts and agrees to be bound by the Medibank Privacy Policy set out in Part B; and

(j) without limiting the Medibank Privacy Policy, consents to:

(A) the collection by the Live Better rewards Company, and the disclosure to and use by Medibank Group Companies, of their health and claims information for the purposes of improving and personalising their experience of Live Better rewards and their use of the Live Better rewards Platform, and improving products offered by Medibank Group Companies; and

(B) the collection by the Live Better rewards Company of their Linked Payment Card information (including partial card number and expiry date) and the transaction details for purchases of products and/or services from Program Partners (including the purchase date/time, amount and the identity of the relevant Program Partner), from the Card Linking Vendor for the purposes of identifying whether or not the person is eligible to be awarded Live Better points.

2.2 The Live Better rewards Company has engaged third party providers to operate the Live Better rewards Platform. Accordingly, the use of the Live Better rewards Platform is subject to the terms of use of those third party providers (Third Party Terms) and those Third Party Terms form part of the Membership Agreement. The Third Party Terms can be accessed and reviewed at Part C of these Terms and Conditions.

2.3 If there is any inconsistency between these Live Better rewards Terms and Conditions, the My Medibank Terms, the Medibank Privacy Policy, specific terms for a Live Better points Promotion, specific terms for earning Live Better points or the redemption and supply of a Reward, or any Third Party Terms, then those terms must be read in the following (descending) order of precedence:

(a) Medibank Privacy Policy;

(b) specific terms for a Live Better points Promotion;

(c) specific terms for earning Live Better points or the redemption and supply of a Reward;

(d) these Live Better rewards Terms and Conditions;

(e) the My Medibank Terms; and

(f) any Third Party Terms.

3.1 These Live Better rewards Terms and Conditions may change from time to time at the discretion of the Live Better rewards Company, including with respect to: 

(a) activities that may constitute Earning Activities;

(b) the Rewards available;

(c) the number of Live Better points awarded for different Earning Activities;

(d) the number of Live Better points required to redeem certain Rewards;

(e) the expiry of Live Better points;

(f) the deactivation or termination of Live Better rewards Accounts; and

(g) the applications and/or devices that can be used to access and interact with the Live Better rewards program (or parts of the program).

3.2 The Live Better rewards Company will notify Live Better rewards Members of any significant changes to these Live Better rewards Terms and Conditions and any Third Party Terms (to the extent that the Live Better rewards Company has been notified in writing of the changes by the relevant third party provider) from time to time via the Live Better rewards Platform or using other direct communications (such as email or SMS notifications). Otherwise, at all times, the current version of these Live Better rewards Terms and Conditions and Medibank Privacy Policy can be accessed and reviewed at Medibank’s website.

3.3 Except with respect to changes that have been notified to Live Better rewards Members as contemplated in clause 3.2, changes to these Live Better rewards Terms and Conditions will not affect the number of Live Better points that a Live Better rewards Member has earned before the effective date of change.

3.4 Notwithstanding any provision of the Membership Agreement (including those incorporated by reference), the Live Better rewards Company and Medibank may do anything reasonably required (including varying these Live Better rewards Terms and Conditions, the My Medibank Terms and the Medibank Privacy Policy) to ensure that the Medibank Group and all aspects of Live Better rewards (including the earning and redemption of Live Better points) are compliant with all applicable laws, including all laws relating to private health insurance.

4.1 An Earning Activity:

(a) in respect of a Rewards Member is any activity that entitles a Rewards Member to be awarded Live Better points under clause 4.2; and

(b) in respect of a Non Rewards Member is any activity that entitles a Non Rewards Member to be awarded Live Better points under clauses 4.4 and 4.5.

4.2 A Rewards Member with an Active Live Better rewards Account will be awarded with Live Better points after completing any one or more of the following activities:

(a) either:

(i) receiving an Eligible Dental Check-Up, and lodging and receiving approval for a claim for that Eligible Dental Check-Up under an Eligible Medibank Insurance Policy (that includes an extras policy) under which that Rewards Member is insured; or

(ii) having a child under the age of 18 who is insured under an Eligible Medibank Insurance Policy (which includes an extras policy) held by the Rewards Member as the policy holder (Dependant), receive an Eligible Dental Check-Up, and lodging and receiving approval for a claim for that Eligible Dental Check-Up under an Eligible Medibank Insurance Policy (which includes an extras policy) held by the Rewards Member as the policy holder;

(b) purchasing an Eligible Product or Service (other than an Eligible Dental Check-Up) from a Program Partner for personal, domestic or household use or consumption:

(i) at that Program Partner’s retail store or location (where applicable);

(ii) using the Program Partner’s online platform; or

(iii) through the Live Better rewards Platform,
and then continuing to be insured under an Eligible Medibank Insurance Policy until the Live Better points are awarded to that Rewards Member’s Live Better rewards Account (which may be up to 60 days after the date of purchase unless stated otherwise on the Live Better rewards Platform) and complying with any other requirements as set out in the Live Better rewards Platform in relation to that purchase (for example, (if not using a Linked Payment Card) “linking” that Rewards Member’s Live Better rewards Account with an account under the Program Partner’s loyalty program, which (subject to clause 4.5 below) can only be done if at least one of the Eligible Medibank Insurance Policies under which that Rewards Member is insured and has not been suspended or cancelled, and the premium payments for that policy are not in arrears). For the avoidance of doubt, and unless otherwise specified on the Live Better rewards Platform, Live Better points will not be awarded if, at the time of purchasing an Eligible Product or Service as contemplated in this clause 4.2(b), all of the requirements in this clause 4.2(b) have not been complied with, and Live Better points will not be awarded retrospectively;

(c) participating in (and complying with the terms of) a Live Better points Promotion; or

(d) satisfying the requirements of any other Earning Activity published by the Live Better rewards Company from time to time using the Live Better rewards Platform.

4.3 The maximum number of Eligible Dental Check-Ups for which a Rewards Member can be awarded with Live Better points is as follows:

(a) a maximum of two Eligible Dental Check-Ups received by the Rewards Member per calendar year; and

(b) a maximum of two Eligible Dental Check-Ups received by each Dependant per calendar year.

4.4 Subject to clause 4.5, a Non Rewards Member with an Active Live Better rewards Account will be awarded with Live Better points after completing any one or more of the following activities:

(a) participating in (and complying with the terms of) a Live Better points Promotion in which Non Rewards Members generally (or that person in particular) are eligible to participate in; or

(b) satisfying the requirements of any other Earning Activity in which Non Rewards Members are eligible to complete or participate in, as published by the Live Better rewards Company from time to time using the Live Better rewards Platform.

As noted in clause 1.3(b), Non Rewards Members cannot redeem Live Better points in exchange for Rewards.

4.5 Notwithstanding clause 4.4:

(a) a person with an Active Live Better rewards Account who is a Non Rewards Member solely due to:

(i) holding an ambulance only Medibank health insurance policy (which is not cancelled); or

(ii) all of their Eligible Medibank Insurance Policies being suspended but not cancelled under clause 1.5(a); or

(iii) the operation of clause 1.5(b),

can also earn Live Better points by completing the Earning Activity described in clause 4.2(b), despite the fact that clause 4.2(b) is stated to apply only to Rewards Members who hold Eligible Medibank Insurance Policies that have not been suspended or cancelled, and the premium payments for which are not in arrears; and

(b) the Live Better rewards Company may (at its discretion and from time to time) impose additional restrictions on Non Rewards Members’ ability to earn Live Better points, such as limiting the number of Live Better points that they may be able to earn during a certain period or for certain Earning Activities.

4.6 The number of Live Better points that a Live Better rewards Member may earn from completing an Earning Activity are as set out in the Live Better rewards Platform (and those numbers may change from time to time).

4.7 If a Live Better rewards Member successfully completes an Earning Activity and complies with all requirements associated with that Earning Activity, the Live Better rewards Company will credit that person’s Live Better rewards Account with the relevant number of Live Better points as soon as possible after the Live Better rewards Company has received all required information relating to that Earning Activity, which may be dependent on factors outside the control of the Live Better rewards Company (such as where there is a delay in the provision of information from a Program Partner, the Card Linking Vendor, or errors or inconsistencies in the data provided by the relevant Live Better rewards Member, Card Linking Vendor or Program Partner), and may take up to 60 days after the date of completion of the Earning Activity (unless stated otherwise on the Live Better rewards Platform).

4.8 Each Live Better points Promotion may be subject to its own set of terms and conditions, which will be taken to be incorporated in (and form part of) the Membership Agreement. Notwithstanding any provision of the Membership Agreement (including those incorporated by reference), and unless otherwise expressly specified on the Live Better rewards Platform, the maximum number of Live Better points that each Live Better rewards Member can earn in a calendar year from successfully completing any points-earning activity associated with any Onboarding Action, any Live Better points Promotion (including one or more Health and Wellbeing Challenges, or Goals) or any Partner Activity Earn (but excluding all purchases of goods or services from a Program Partner), is 40,000 Live Better points.

4.9 If a person qualifies as an Eligible Person and that person is the holder of one or more Eligible Medibank Insurance Policies which includes an extras policy, but the Eligible Person:

(a) has not registered to participate in Live Better rewards; or

(b) has previously registered to participate in Live Better rewards but his/her Live Better rewards Account has been deactivated under clause 10.2 or terminated or suspended under clause 13.2(d),
and that Eligible Person (or a child under the age of 18 who is insured under an Eligible Medibank Insurance Policy (which includes an extras policy) held by that Eligible Person as the policy holder) receives an Eligible Dental Check-Up and then lodges and receives approval for a claim for that Eligible Dental Check-Up under the relevant Eligible Medibank Insurance Policy, then:

(c) the Live Better rewards Company may record and hold the Live Better points that the Eligible Person would have earned if:

(i) they were a Live Better rewards Member at that time;

(ii) their Live Better rewards Account had not been terminated or suspended under clause 13.2(d) before that time; or

(iii) their Live Better rewards Account had been reactivated under clause 10.2 before that time,
(in each case, Pre-Activation points),
for the benefit of that Eligible Person for a period of 6 months from the date the Eligible Dental Check-Up is provided (Holding Period);

(d) if, during the Holding Period, that Eligible Person:

(i) registers to participate in Live Better rewards and becomes a Live Better rewards Member;

(ii) opens a new Live Better rewards Account under clause 13.8(c); or

(iii) reactivates a previously active Live Better rewards Account held by that Eligible Person in accordance with clause 10.2,
his/her Live Better rewards Account will be credited with the Pre-Activation points; and

(e) if, during the Holding Period, that Eligible Person does not register to participate in Live Better rewards, does not open a new Live Better rewards Account under clause 13.8(c) or does not reactivate a previously active Live Better rewards Account held by that Eligible Person in accordance with clause 10.2 (in each case, in accordance with clause 4.9(d)), the Live Better rewards Company will cancel and delete the Pre-Activation points at the end of the Holding Period.

4.10 Additional terms and conditions (including the method of recording and evidencing completion of an Earning Activity) may apply to the earning of Live Better points as set out in the Live Better rewards Platform.

4.11 The Live Better rewards Company may at any time:

(a) reverse the Live Better points credited to the Live Better rewards Account of a Live Better rewards Member if an Earning Activity is cancelled or reversed (such as where the purchase of an Eligible Product or Service from a Program Partner is refunded);

(b) update the number of Live Better points credited to the Live Better rewards Account of a Live Better rewards Member if an Earning Activity is changed (such as where the purchase of an Eligible Product or Service from a Program Partner is exchanged for a different Eligible Product or Service);

(c) decide not to credit the Live Better rewards Account of a Live Better rewards Member with Live Better points (or reverse Live Better points already credited to the Live Better rewards Account of a Live Better rewards Member) if the Live Better rewards Company has reasonable grounds to suspect that those Live Better points were earned using fraudulent or dishonest means or behaviour, by misrepresentation or by misleading or deceptive conduct; and/or

(d) update the number of Live Better points credited to the Live Better rewards Account of a Live Better rewards Member if Live Better points have been credited or recorded in error,
even if that action reduces the balance of Live Better points held in a Live Better rewards Account to zero.

4.12 The following terms apply to the earning of Live Better points under the Card Linking System:

(a) to earn Live Better points under the Card Linking System, a Live Better rewards Member must:

(i) have an Active Live Better rewards Account;

(ii) link at least one Payment Card to their Live Better rewards Account, in the manner specified in the Card Linking System Rules, to make it a Linked Payment Card; and

(iii) purchase an Eligible Product or Service (other than an Eligible Dental Check-Up) directly from a Program Partner for personal, domestic or household use or consumption, using a Linked Payment Card.
For the avoidance of doubt, and unless otherwise specified in the Card Linking System Rules, Live Better points will not be awarded under the Card Linking System if, at the time of purchasing an Eligible Product or Service as contemplated in clause 4.12(a)(iii), all of the requirements set out in this clause 4.12(a) have not been complied with, and Live Better points will not be awarded retrospectively;

(b) any purchase of an Eligible Product or Service that is made through a third party payment provider (such as PayPal or Afterpay), or through any other means where the relevant Program Partner is not the merchant of record, and not directly from that Program Partner using a Linked Payment Card, may result in Live Better points not being awarded to a Live Better rewards Member under the Card Linking System;

(c) the Card Linking System Rules may from time to time specify other circumstances under which Live Better points may not be awarded to a Live Better rewards Member under the Card Linking System;

(d) if the issuer of a Payment Card issues a Live Better rewards Member with a replacement Payment Card, the Live Better rewards Member must link that replacement Payment Card to their Live Better rewards Account in the manner specified in the Card Linking System Rules, to make it a Linked Payment Card;

(e) to cease the earning of Live Better points under the Card Linking System, a Live Better rewards Member must unlink all Linked Payment Cards from their Live Better rewards Account in the manner specified in the Card Linking System Rules; and

(f) if a Live Better rewards Member becomes a Non Rewards Member that, under these Live Better rewards Terms and Conditions, cannot earn Live Better points in the circumstances described in clause 4.5, all their Linked Payment Cards (if any) will be automatically unlinked from their Live Better rewards Account.

5.1 A Live Better rewards Member can only redeem Live Better points if they are a Rewards Member with an Active Live Better rewards Account at the time of redemption.

5.2 If a Live Better rewards Member is a Non Rewards Member, they can only redeem Live Better points by becoming a Rewards Member with an Active Live Better rewards Account and supplying the Live Better rewards Company with all information required by the Live Better rewards Company in order to update the details associated with that Live Better rewards Member’s Account.

5.3 If a Live Better rewards Member is a Rewards Member who can redeem Live Better points under clause 5.1, that Live Better rewards Member may elect to redeem the Live Better points held at any given time by exchanging them for certain rewards set out in the Live Better rewards Platform as at the time of redemption (Rewards).

5.4 The Rewards may include one or more of the following:

(a) merchandise, services, gift cards or vouchers from a Program Partner; or

(b) private health insurance-related Rewards.

5.5 Live Better points that are eligible to be redeemed in accordance with these Live Better rewards Terms and Conditions must be redeemed for Rewards through the Rewards Store.

5.6 Further terms specific to the redemption of Live Better points for Rewards may be set out in the Live Better rewards Platform and/or the online platform of the relevant Program Partners.

5.7 Live Better points and Rewards cannot be directly exchanged for cash.

5.8 To the extent permitted by law (including the consumer guarantees under the Australian Consumer Law), a Reward chosen or received by a Rewards Member cannot be amended, cancelled, exchanged or refunded.

6.1 Without limiting clause 5, this clause 6 applies to Rewards that are merchandise, services, gift cards or vouchers

6.2 All Rewards are subject to availability (e.g. stock availability) which may not be within the control of the Live Better rewards Company. If a Reward is not available, the redemption transaction will be reversed and the relevant Live Better points will be credited back to the Live Better rewards Account of the relevant Rewards Member.

6.3 The supply of merchandise, services, gift cards and vouchers as a Reward will also be subject to the terms of the relevant Program Partner, which may include terms in respect of the following (as applicable):

(a) product or service warranties;

(b) delivery times;

(c) delivery costs (if any);

(d) taxes or duties payable such as GST (if any); and

(e) any additional out-of-pocket expenses or surcharges associated with the Reward,
and by redeeming the relevant Reward, the relevant Rewards Member acknowledges that they agree with those terms.

6.4 Manufacturer’s terms and warranties may also apply to the relevant Reward.

6.5 Where the delivery of a Reward involves the physical delivery of merchandise] or a voucher, delivery will be made by ordinary post (unless otherwise specified on the Live Better rewards Platform or in the online platform of the relevant Program Partner) and the delivery address must be in Australia.

6.6 Images of Rewards set out in the Live Better rewards Platform are illustrative only and may not be to scale.

6.7 Title and risk in a Reward which is merchandise or a voucher that requires a physical delivery, will pass to the Rewards Member on delivery of that Reward to the delivery address specified by the Rewards Member when ordering the Reward.

6.8 If a Rewards Member redeems Live Better points for a Reward in accordance with these Live Better rewards Terms and Conditions and the Reward is either:

(a) not delivered to that Rewards Member within the timeframe specified at the time of ordering the relevant Reward; or

(b) in a damaged state when it is received by that Rewards Member,

then that Rewards Member is entitled to lodge a claim through the Live Better rewards Platform or by calling Medibank.

6.9 To enable the Live Better rewards Company to expedite the processing of claims, a claim for non-delivery under clause 6.8(a) must be made within 2 months of redeeming the relevant Reward.

6.10 To enable the Live Better rewards Company to expedite the processing of claims, a claim for damage under clause 6.8(b) must be made within 7 days of receipt of the relevant Reward.

6.11 To the extent permitted by law (including the consumer guarantees under the Australian Consumer Law), the Live Better rewards Company and all other Medibank Group Companies will not be liable for non-delivery of (or damage to) a Reward if you do not make the relevant claim within the timeframes set out in clauses 6.9 and 6.10 (as applicable).

6.12 The Live Better rewards Company will endeavour to investigate and resolve a claim for non-delivery or damage made in accordance with clauses 6.8 to 6.10 as soon as reasonably practicable, subject to the receipt of all information reasonably required by the Live Better rewards Company from the relevant Rewards Member and the relevant Program Partner (if applicable).

7.1 Without limiting clause 5, this clause 7 applies to Rewards that are related to private health insurance as specified on the Live Better rewards Platform from time to time, including the following:

(a) a $100 extras limit increase (excluding optical) and a $200 extras limit increase (excluding optical) on an Eligible Medibank Insurance Policy which includes an extras policy (each an Extras Limit Increase Reward);

(b) a $200 payment towards the premium for an Eligible Medibank Insurance Policy (Premium Payment Reward);

(c) a $250 reduction in the excess payable under an Eligible Medibank Insurance Policy which includes a hospital policy (Excess Reduction Reward);

(d) a remedial massage or myotherapy provided by a Medibank Recognised Provider valued at up to $115 for an Eligible Medibank Insurance Policy which includes an extras policy (Remedial Massage Reward);

(e) a physiotherapy service provided by a Medibank Recognised Provider valued at up to $115 for an Eligible Medibank Insurance Policy which includes an extras policy (Physiotherapy Service Reward);

(f) a chiropractic or osteopathy service provided by a Medibank Recognised Provider valued at up to $115 for an Eligible Medibank Insurance Policy which includes an extras policy (Chiropractic Service Reward);

(g) a $50 payment towards the out-of-pocket dental expenses payable after a claim is made at a Members’ Choice Advantage Provider under an Eligible Medibank Insurance Policy which includes an extras policy (Dental Out-of-Pocket Reward); and

(h) a $50 payment towards the out-of-pocket optical expenses payable after a claim is made at a Members’ Choice Advantage Provider under an Eligible Medibank Insurance Policy which includes an extras policy (Optical Out-of-Pocket Reward).

7.2 The following terms apply to an Extras Limit Increase Reward:

(a) To redeem an Extras Limit Increase Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy)

(b) In any consecutive 12 month period, a Rewards Member may redeem:

(i) 1 x $100 Extras Limit Increase Reward; and

(ii) 1 x $200 Extras Limit Increase Reward;

(c) Subject to clause 7.2(d), after a Rewards Member has redeemed an Extras Limit Increase Reward, the Extras Limit Increase Reward will be applied towards the claim for an extras benefit (other than optical) which is first received by Medibank (electronically or otherwise) after the redemption, and is lodged by any person insured under that Rewards Member’s Eligible Medibank Insurance Policy which includes an extras policy (as referred to in clause 7.2(a) above). The Extras Limit Increase Reward will only be applied after any remaining annual limit, sub-limit or lifetime limit on the service (as the case may be) have been used but before any applicable Package Bonus/Membership Bonus (as defined in Medibank’s Fund Rules) is applied;

(d) Further to clause 7.2(c), an Extras Limit Increase Reward will be applied at a policy level. Accordingly, the person making a claim for a benefit under clause 7.2(c) does not have to be the Rewards Member who redeemed the Extras Limit Increase Reward;

(e) An Extras Limit Increase Reward will only be applied towards a claim under clause 7.2(c), if at the time of the claim:

(i) the relevant Eligible Medibank Insurance Policy includes an extras policy (as referred to in clause 7.2(a) above);

(ii) the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(iii) the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears;

(f) An Extras Limit Increase Reward can be used multiple times until the $100 limit increase and/or $200 limit increase (as the case may be) is used;

(g) An Extras Limit Increase Reward will expire 12 months after the date of redemption of that Reward. For the avoidance of doubt, this means that the expiry date of the Extras Limit Increase Reward will be on or later than the date on which the relevant annual limit or sub-limit resets for the relevant Eligible Medibank Insurance Policy;

(h) The extras services covered under an Eligible Medibank Insurance Policy may change from time to time; and

(i) To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of an Extras Limit Increase Reward.

7.3 The following terms apply to a Premium Payment Reward:

(a) To redeem a Premium Payment Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes a hospital or extras policy (either as a hospital only policy, an extras only policy or a combined hospital and extras policy);

(b) A Premium Payment Reward can be redeemed by a Rewards Member once in any consecutive 12 month period and will be applied at a policy level;

(c) At the time of redemption of a Premium Payment Reward, the amount of $200 will be applied to the Rewards Member’s Eligible Medibank Insurance Policy if at that time:

(i) that Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(ii) the premium payments for that Eligible Medibank Insurance Policy are not in arrears;

(d) If a Rewards Member has more than one Eligible Medibank Insurance Policy, the Live Better rewards Company will select at its sole discretion the policy to which the Reward is applied; and

(e) To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of a Premium Payment Reward.

7.4 The following terms apply to an Excess Reduction Reward:

(a) To redeem an Excess Reduction Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes a hospital policy (either as a hospital only policy or a combined hospital and extras policy)

(b) The Excess Reduction Reward can be redeemed by a Rewards Member once in any consecutive 12 month period;

(c) Subject to clauses 7.4(d) and 7.4(f), after a Rewards Member has redeemed the Excess Reduction Reward, when a person insured under that Rewards Member’s Eligible Medibank Insurance Policy is admitted to a hospital and an excess becomes payable by that person for that admission, that Excess Reduction Reward will be applied, reducing the excess payable by $250;

(d) An Excess Reduction Reward can only be used once. If the excess payable in relation to a hospital admission is less than $250 and the Excess Reduction Reward is applied against that excess payment, any remaining amount in the Excess Reduction Reward is forfeited;

(e) Further to clause 7.4(c), the Excess Reduction Reward will be applied at a policy level. Accordingly, the person making a claim for a benefit under clause 7.4(c) does not have to be the Rewards Member who redeemed the Excess Reduction Reward;

(f) An Excess Reduction Reward will only be applied under clause 7.4(c), if at the time of the claim:

(i) the relevant Eligible Medibank Insurance Policy includes a hospital policy (as referred to in clause 7.4(a) above);

(ii) the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(iii) the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears;

(g) An Excess Reduction Reward will expire 12 months after the date of redemption of that Reward. For the avoidance of doubt this means that the expiry date of the Excess Reduction Reward will be on or later than the date on which the excess payment resets for the relevant Eligible Medibank Insurance Policy; and

(h) To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of the Excess Reduction Reward.

7.5 The following terms apply to the Remedial Massage Reward:

(a) To redeem a Remedial Massage Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy);

(b) A Remedial Massage Reward can only be applied to a single remedial massage or myotherapy by a Medibank Recognised Provider, and:

(i) if the cost of the remedial massage or myotherapy is greater than $115, then the person receiving the remedial massage or myotherapy must pay the gap; or

(ii) if the cost of the remedial massage or myotherapy is less than $115, then any remaining amount in the Remedial Massage Reward is forfeited;

(c) There is no limit in the number of Remedial Massage Rewards which a Rewards Member may redeem;

(d) Subject to clause 7.5(e), after a Rewards Member has redeemed a Remedial Massage Reward, that Remedial Massage Reward will be applied towards the claim which is first received by Medibank (electronically or otherwise) after the redemption, and is lodged by any person who is insured under that Rewards Member’s Eligible Medibank Insurance Policy for receiving a remedial massage or myotherapy from a Medibank Recognised Provider;

(e) Further to clause 7.5(d), a Remedial Massage Reward will be applied at a policy level. Accordingly, the person making the claim under clause 7.5(d) does not have to be the Rewards Member who redeemed the Remedial Massage Reward;

(f) A Remedial Massage Reward will only be applied towards a claim under clause 7.5(d), if at the time of the claim:

(i) the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(ii) the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears;

(g) For the avoidance of doubt, a Remedial Massage Reward can be applied towards a claim under clause 7.5(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy (as referred to in clause 7.5(a) above); and

(h) A Remedial Massage Reward will expire 12 months after the date of redemption of that Reward.

7.6 The following terms apply to the Physiotherapy Service Reward:

(a) To redeem a Physiotherapy Service Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy);

(b) A Physiotherapy Service Reward can only be applied to a single physiotherapy service by a Medibank Recognised Provider, and:

(i) if the cost of the physiotherapy service is greater than $115, then the person receiving the physiotherapy service must pay the gap; or

(ii) if the cost of the physiotherapy service is less than $115, then any remaining amount in the Physiotherapy Service Reward is forfeited;

(c) There is no limit in the number of Physiotherapy Service Rewards which a Rewards Member may redeem;

(d) Subject to clause 7.6(e), after a Rewards Member has redeemed a Physiotherapy Service Reward, that Physiotherapy Service Reward will be applied towards the claim which is first received by Medibank (electronically or otherwise) after the redemption, and is lodged by any person who is insured under that Rewards Member’s Eligible Medibank Insurance Policy for receiving a physiotherapy service from a Medibank Recognised Provider;

(e) Further to clause 7.6(d), a Physiotherapy Service Reward will be applied at a policy level. Accordingly, the person making the claim under clause 7.6(d) does not have to be the Rewards Member who redeemed the Physiotherapy Service Reward;

(f) A Physiotherapy Service Reward will only be applied towards a claim under clause 7.6(d), if at the time of the claim:

(i) the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(ii) the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears;

(g) For the avoidance of doubt, a Physiotherapy Service Reward can be applied towards a claim under clause 7.6(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy (as referred to in clause 7.6(a) above); and

(h) The Physiotherapy Service Reward will expire 12 months after the date of redemption of that Reward.

7.7 The following terms apply to the Chiropractic Service Reward:

(a) To redeem a Chiropractic Service Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy);

(b) A Chiropractic Service Reward can only be applied to a single chiropractic or osteopathy service by a Medibank Recognised Provider, and:

(i) if the cost of the chiropractic or osteopathy service is greater than $115, then the person receiving the chiropractic or osteopathy service must pay the gap; or

(ii) if the cost of the chiropractic or osteopathy service is less than $115, then any remaining amount in the Chiropractic Service Reward is forfeited;

(c) There is no limit in the number of Chiropractic Service Rewards which a Rewards Member may redeem;

(d) Subject to clause 7.7(e), after a Rewards Member has redeemed a Chiropractic Service Reward, that Chiropractic Service Reward will be applied towards the claim which is first received by Medibank (electronically or otherwise) after the redemption, and is lodged by any person who is insured under that Rewards Member’s Eligible Medibank Insurance Policy for receiving a chiropractic or osteopathy service from a Medibank Recognised Provider;

(e) Further to clause 7.7(d), a Chiropractic Service Reward will be applied at a policy level. Accordingly, the person making the claim under clause 7.7(d) does not have to be the Rewards Member who redeemed the Chiropractic Service Reward;

(f) A Chiropractic Service Reward will only be applied towards a claim under clause 7.7(d), if at the time of the claim:

(i) the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and

(ii) the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears;

(g) For the avoidance of doubt, a Chiropractic Service Reward can be applied towards a claim under clause 7.7(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy (as referred to in clause 7.7(a) above); and

(h) The Chiropractic Service Reward will expire 12 months after the date of redemption of that Reward.

7.8 The following terms apply to the Dental Out-of-Pocket Reward:

(a) To redeem a Dental Out-of-Pocket Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy

(b) There is no limit to the number of Dental Out-of-Pocket Rewards that a Rewards Member may redeem;

(c) Subject to clauses 7.8(e) and 7.8(f), after a Rewards Member has redeemed a Dental Out-of-Pocket Reward, that Dental Out-of-Pocket Reward will be applied towards the out-of-pocket expenses payable in respect of the next claim received by Medibank (electronically or otherwise) under the Rewards Member’s Eligible Medibank Insurance Policy which includes an extras policy (as referred to in clause 7.8(a) above) at the time of the claim (Relevant Dental Policy), lodged by any person insured under the Relevant Dental Policy at a Members’ Choice Advantage Provider and relating to general dental, major dental or orthodontic services. The Dental Out-of-Pocket Reward cannot be used on dental services for which no benefits are payable under any extras cover;

(d) A Dental Out-of-Pocket Reward will be applied at a policy level. Accordingly, the person making the claim and receiving the benefit of the Dental Out-of-Pocket Reward under clause 7.8(c) does not have to be the Rewards Member who redeemed the Dental Out-of-Pocket Reward;

(e) Further to clause 7.8(c):

(i) A Dental Out-of-Pocket Reward can be used in multiple transactions until the aggregate amount of the reward has been applied in accordance with clause 7.8(c);

(ii) A Dental Out-of-Pocket Reward will be applied regardless of any remaining annual limit, sub-limit or lifetime limit under the Relevant Dental Policy;

(iii) The Dental Out-of-Pocket Reward will be applied before any applicable Package Bonus/Membership Bonus (as defined in Medibank’s Fund Rules); and

(iv) A Dental Out-of-Pocket Reward can be used during any waiting period that may be applicable under the Relevant Dental Policy;

(f) A Dental Out-of-Pocket Reward will only be applied towards a claim under clause 7.8(c) if at the time of the claim:

(i) the Rewards Member is insured under an Eligible Medibank Insurance Policy which includes extras cover (i.e. the Relevant Dental Policy);

(ii) the Relevant Dental Policy has not been suspended or cancelled for any reason; and

(iii) the premium payments for the Relevant Dental Policy are not in arrears; and

(g) A Dental Out-of-Pocket Reward will expire 12 months after the date of redemption of that Reward.

7.9 The following terms apply to the Optical Out-of-Pocket Reward:

(a) To redeem an Optical Out-of-Pocket Reward, the Rewards Member must be insured under an Eligible Medibank Insurance Policy which includes an extras policy (either as an extras only policy or a combined hospital and extras policy);

(b) There is no limit to the number of Optical Out-of-Pocket Rewards that a Rewards Member may redeem;

(c) Subject to clauses 7.9(e) and 7.9(f), after a Rewards Member has redeemed an Optical Out-of-Pocket Reward, that Optical Out-of-Pocket Reward will be applied towards the out-of-pocket expenses payable in respect of the next claim received by Medibank (electronically or otherwise) under the Rewards Member’s Eligible Medibank Insurance Policy which includes an extras policy (as referred to in clause 7.9(a) above) at the time of the claim (Relevant Optical Policy), lodged by any person insured under the Relevant Optical Policy at a Members’ Choice Advantage Provider and relating to optical items. The Optical Out-of-Pocket Reward cannot be used on optical items for which no benefits are payable under any extras cover (e.g. eye tests, non-prescription sunglasses, safety glasses, protective glasses or precision tinted lenses);

(d) An Optical Out-of-Pocket Reward will be applied at a policy level. Accordingly, the person making the claim and receiving the benefit of the Optical Out-of-Pocket Reward under clause 7.9(c) does not have to be the Rewards Member who redeemed the Optical Out-of-Pocket Reward;

(e) Further to clause 7.9(c):

(i) An Optical Out-of-Pocket Reward can be used in multiple transactions until the aggregate amount of the reward has been applied in accordance with clause 7.9(c);

(ii) An Optical Out-of-Pocket Reward will be applied regardless of whether or not there is any remaining annual limit, sub-limit or lifetime limit under the Relevant Optical Policy;

(iii) The Optical Out-of-Pocket Reward will be applied before any applicable Package Bonus/Membership Bonus (as defined in Medibank’s Fund Rules) is applied; and

(iv) An Optical Out-of-Pocket Reward can be used during any waiting period that may be applicable under the Relevant Optical Policy;

(f) An Optical Out-of-Pocket Reward will only be applied towards a claim under clause 7.9(c) if at the time of the claim:

(i) the Rewards Member is insured under an Eligible Medibank Insurance Policy which includes extras cover (i.e. the Relevant Optical Policy);

(ii) the Relevant Optical Policy has not been suspended or cancelled for any reason; and

(iii) the premium payments for the Relevant Optical Policy are not in arrears; and

(g) An Optical Out-of-Pocket Reward will expire 12 months after the date of redemption of that Reward.

7.10 Where a Rewards Member redeems a private health insurance-related Reward under this clause 7:

(a) the Rewards Member should allow at least 24 hours for the Reward to be made available; and

(b) except as otherwise provided for in clauses 7.5(g), 7.6(g) and 7.7(g), if the Rewards Member ceases

to hold an Eligible Medibank Insurance Policy which includes the requisite hospital and/or extras cover for the use of the Reward, that Reward will be forfeited.
 

8.1 Live Better rewards Members can check their Live Better points balance:

(a) through the Live Better rewards Platform;

(b) by calling Medibank; or

(c) by visiting a Medibank retail store.

8.2 The Live Better rewards Company may also send periodic statements to Live Better rewards Members setting out details of their Live Better points balance.
 

9.1 Live Better points may be transferred from one Live Better rewards Account to another Live Better rewards Account if both of the Live Better rewards Accounts are Active and:

(a) belong to the same person (and at least one of that person’s Eligible Medibank Insurance Policies has not been suspended or cancelled at the time of the requested transfer and the premium payments for that policy are up to date); or

(b) belong to members who are insured under one or more of the same Eligible Medibank Insurance Policies at the time of the requested transfer (and at least one of those policies has not been suspended or cancelled at the time of the requested transfer and the premium payments for that policy are up to date).

9.2 A Live Better rewards Member can only make 1 request to transfer Live Better points in any 12-month period.

9.3 A Live Better rewards Member can request for their Live Better points to be transferred by calling Medibank or emailing live.better@medibank.com.au.

9.4 After the death of a Live Better rewards Member, the Live Better points held by that Live Better rewards Member may be transferred to a relative of that Live Better rewards Member if that relative:

(a) is (or registers to become) a Live Better rewards Member;

(b) holds one or more Eligible Medibank Insurance Policies that have not been suspended or cancelled for any reason, and the premium payments for at least one of those policies is not overdue or in arrears;

(c) rings Medibank or emails live.better@medibank.com.au to request the transfer of the Live Better points from the deceased Live Better rewards Member to their Live Better rewards Account (within 6 months after the death of that Live Better rewards Member); and

(d) provides all information reasonably required by the Live Better rewards Company.

9.5 Without limiting any other provisions of these Live Better rewards Terms and Conditions, the Live Better rewards Company may close the Live Better rewards Account of a deceased Live Better rewards Member 6 months after the death of that Live Better rewards Member, and any Live Better points credited to that Live Better rewards Member’s Account will be deleted without recourse.

10.1 Expiry of Live Better Points

The Live Better points of a Live Better rewards Member will not expire if that Live Better rewards Member has earned or redeemed Live Better points in the last 24 months. The Live Better points of a Live Better rewards Member will expire, and the Live Better rewards Company may, at its discretion, cancel and remove the Live Better points held by a Live Better rewards Member, if that Live Better rewards Member has not:

(a) earned any Live Better points in any period of 24 months or more;

(b) redeemed any Live Better points in any period of 24 months or more;

(c) held an Eligible Medibank Insurance Policy in any period of 6 months or more; or

(d) taken out an Eligible Medibank Insurance Policy within 6 months after creating a Live Better rewards Account.

Live Better points could also be deleted under clause 13.7.

10.2 Deactivation of Medibank Live Better accounts

(a) The Live Better rewards Account of a Live Better rewards Member may be deactivated if that Live Better rewards Member has not logged into and manually undertaken an activity in the Live Better rewards Platform (for example, purchasing an Eligible Product or Service from a Program Partner (including by using a Linked Payment Card), or redeeming Live Better points) in any period of 90 days or more (even if the Live Better rewards Member has been earning Live Better points during that period).

(b) If the Live Better rewards Account of a Live Better rewards Member is deactivated under clause 10.2(a):

(i) any Live Better points earned but not yet used/redeemed will continue to be subject to expiry under clause 10.1;

(ii) any other personal settings in the Live Better rewards Account (including the linking of any digital tracking device or tracking app, or progress made in any health and wellbeing personal targets or Health and Wellbeing Challenges) will be deleted with no recourse (even if that Live Better rewards Account is later reactivated under clause 10.2(b)(iii)); and

(iii) the Live Better rewards Member can reactivate his/her Live Better rewards Account by calling Medibank or sending an email to live.better@medibank.com.au to request the reactivation and complying with the reasonable directions of the Live Better rewards Company for reactivation.

11.1 Live Better rewards Members must not:

(a) act in a way that breaches the Membership Agreement;

(b) provide their login/security credentials for the Live Better rewards Platform to any other person, except where such credentials are required to be provided to another person to assist an injured or incapacitated Live Better rewards Member to access the Live Better rewards Platform;

(c) engage in illegal or fraudulent activities in relation to Live Better rewards;

(d) supply or attempt to supply false or misleading information to any Medibank Group Company, Program Partner or Medibank Recognised Provider; or

(e) sell, assign or transfer, or offer to sell, assign or transfer any Reward or Live Better points (other than in accordance with these Live Better rewards Terms and Conditions).

11.2 It is the responsibility of each Live Better rewards Member to regularly check their Live Better rewards Account, and they must promptly notify the Live Better rewards Company of:

(a) any omissions, incorrect entries or other discrepancies associated with their Live Better rewards Account; and

(b) any unauthorised transactions that have been processed using their Live Better rewards Account.

11.3 Live Better rewards Members are solely responsible for keeping their Live Better rewards Account username and password confidential and secure. If a Live Better rewards Member believes that their username or password has been lost or stolen, or if they believe that there has been unauthorised access to their Live Better rewards Account by third parties, that Live Better rewards Member must notify the Live Better rewards Company immediately and change their password as soon as possible.

Any tax, liability, or duty incurred by a Live Better rewards Member arising from their participation in Live Better rewards is the sole responsibility of that Live Better rewards Member.

13.1 A Live Better rewards Member may terminate their Live Better rewards Account (and participation in Live Better rewards) at any time (and for any reason) by:

(a) following the Live Better rewards Account cancellation process set out in the Live Better rewards Platform;

(b) calling Medibank to request that cancellation; or

(c) sending an email to live.better@medibank.com.au requesting that cancellation and providing all information reasonably required by the Live Better rewards Company.

13.2 The Live Better rewards Company has the right to (at its absolute discretion) suspend or terminate the Live Better rewards Account of a Live Better rewards Member (and that Live Better rewards Member’s participation in Live Better rewards) with immediate effect and without notice if:

(a) that Live Better rewards Member breaches the Membership Agreement;

(b) the Live Better rewards Company has reasonable grounds to suspect that the Live Better rewards Member is acting in a manner that is fraudulent or dishonest (or is engaging in conduct that is misleading or deceptive) in relation to their participation in Live Better rewards (including with respect to tracking and recording Health and Wellbeing Activities, earning Live Better points or redeeming Live Better points);

(c) that Live Better rewards Member engages in behaviour which, in the reasonable opinion of the Live Better rewards Company, is Unacceptable (as described in clause 13.3) on the Live Better rewards Platform or in their dealing with any Medibank Group Company, a Program Partner or any of their personnel; or

(d) that Live Better rewards Member has not logged into and manually undertaken an activity in the Live Better rewards Platform (for example, purchasing an Eligible Product or Service from a Program Partner (including by using a Linked Payment Card), or redeeming Live Better points) in any period of 180 days or more (even if that Live Better rewards Member has been earning Live Better points during that period).

13.3 Behaviour which is Unacceptable includes behaviour which:

(a) is offensive, abusive, obscene, profane, hateful or racist;

(b) is threatening, defamatory or contains a personal attack;

(c) is a solicitation or advertisement, or an endorsement of other products, services or organisations;

(d) in the Live Better rewards Company’s absolute discretion, is spam;

(e) violates the intellectual property rights of another party;

(f) violates any law or regulation;

(g) contains false, inaccurate or misleading information;

(h) personally identifies a person or group of people without consent, including staff of a Medibank Group Company;

(i) discloses any personal or financial information (e.g. membership number or contact details); or

(j) the Live Better rewards Company considers (in its absolute discretion) is inappropriate in any other way.

13.4 Without limiting the Live Better rewards Company’s rights under clause 13.2, if the Live Better rewards Company suspends the Live Better rewards Account of a Live Better rewards Member under clause 13.2, that suspension may be subject to such conditions (including as to the length of the suspension) as the Live Better rewards Company considers appropriate.

13.5 In addition to the termination rights under clause 13.2, the Live Better rewards Company has the right to terminate Live Better rewards at any time for any reason with at least 30 days’ notice to be given via the Live Better rewards Platform. The Live Better rewards Company gives no warranty as to the continuing availability of Live Better rewards.

13.6 Live Better rewards Members acknowledge that, in order for the Live Better rewards Company to (among other things) monitor the operation of Live Better rewards, the Live Better rewards Company has the right to undertake audits, verification checks and investigations in relation to a Live Better rewards Member’s Account and activities in Live Better rewards.

13.7 If Live Better rewards or a Live Better rewards Account is terminated for any reason (other than under clause 13.2(d)), any Live Better points earned will be deleted, and neither the Live Better rewards Company nor any other Medibank Group Company will be liable to anyone for such termination.

13.8 If the Live Better rewards Account of a Live Better rewards member is terminated under clause 13.2(d):

(a) any Live Better points earned but not yet used/redeemed will continue to be subject to expiry under clause 10.1;

(b) any other personal settings in the Live Better rewards Account (including the linking of any digital tracking device or tracking app, or progress made in any health and wellbeing personal targets or Health and Wellbeing Challenges) will be deleted with no recourse (even if the process set out in clause 13.8(c) is undertaken); and

(c) the Live Better rewards Member may register a new Live Better rewards Account with the same credentials as the previous Live Better rewards Account and link any unused and unexpired Live Better points of the previous Live Better rewards Account with the new Live Better rewards Account (by calling Medibank or sending an email to live.better@medibank.com.au to request the linking, and complying with the reasonable directions of the Live Better rewards Company for this linking process).

14.1 Subject to this clause 14 and to the maximum extent permitted by law, the Live Better rewards Company is not (and no other Medibank Group Company will be) liable to any other person for:

(a) any loss or damage of any kind that is directly or indirectly caused by or results from any act or omission of any person other than a Medibank Group Company or any of the officers and employees of a Medibank Group Company;

(b) without limiting clause 14.1(a), any loss or damage of any kind that is directly or indirectly caused by or results from any act or omission of the Card Linking Vendor (including with respect to the operation of the Card Linking System), any Program Partner or Medibank Recognised Provider or any of the officers, employees, agents or contractors of the Card Linking Vendor, any Program Partner or Medibank Recognised Provider; or

(c) any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, or loss or damage resulting from wasted management time, irrespective of whether the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise, or the Live Better rewards Company or any other person was previously notified of the possibility of that loss or damage.

14.2 The aggregate liability of the Live Better rewards Company and any other Medibank Group Company (whether under statute, in contract or in tort (including negligence)) for loss or damage suffered or incurred by anyone in connection with Live Better rewards is limited to $10 million.

14.3 Any warranty, guarantee, condition, representation, undertaking or other right relating to the supply of goods or services that would be implied in these Live Better rewards Terms and Conditions (or any Membership Agreement) by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Live Better rewards Terms and Conditions (or any Membership Agreement) excludes liability which cannot be excluded by law (including the consumer guarantees under the Australian Consumer Law).

14.4 To the maximum extent permitted by law, the liability of the Live Better rewards Company or any other Medibank Group Company will be limited (at the discretion of the Live Better rewards Company or the relevant Medibank Group Company, as applicable) to:

(a) reinstating the number of Live Better points in dispute;

(b) reinstating the number of Live Better points relating to the Reward in dispute;

(c) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(d) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

14.5 Notwithstanding any other provision of these Live Better rewards Terms and Conditions (or any Membership Agreement), this clause 14 survives the termination of a Live Better rewards Account, termination of a Membership Agreement and termination of Live Better rewards (as the case may be).

15.1 The Health and Third Party Information and Material provided through other communication channels from the Live Better rewards Company or on the Live Better rewards Platform have been prepared for general information purposes only. The Health and Third Party Information and Material provided through other communication channels from the Live Better rewards Company or on the Live Better rewards Platform, or on any other website accessed via the Live Better rewards Platform or otherwise, may not necessarily be accurate, complete or current. No person should act or fail to act on the basis of that information or material. Live Better rewards Members should consult their doctor or health professional before starting any new physical activity (including any Health and Wellbeing Activity), especially if they are pregnant, over 65 years, have a pre-existing medical condition or health problem. To the maximum extent permitted by law, the Live Better rewards Company, the Medibank Group Companies and their respective officers, employees and agents disclaim any liability (including liability for negligence) to any person arising out of:

(a) any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any Health and Third Party Information and Material from the Live Better rewards Platform or from any other website on the Internet;

(b) any errors or omissions in any Health and Third Party Information and Material on the Live Better rewards Platform or on any other website on the Internet (including but not limited to errors or omissions arising as a result of the negligence of the Live Better rewards Company, Medibank Group Companies or their respective officers, employees and agents); or

(c) any delay or interruption in access to or use of the Live Better rewards Platform or any other website on the Internet (including delay or interruption arising as a result of the negligence of the Live Better rewards Company, Medibank Group Companies or their officers, employees and agents).

15.2 The Live Better rewards Company reserves the right, in its absolute discretion, to delete, alter or move any message or other posted material on the Live Better rewards Platform. The Live Better rewards Company is under no obligation to update any Health and Third Party Information and Material on the Live Better rewards Platform, or to correct any inaccuracy in any Health and Third Party Information and Material on the Live Better rewards Platform that may become apparent at a later time.

15.3 Where the Live Better rewards Company or any other Medibank Group Company advertises on behalf of any health service provider, or appears by reference of logo or otherwise in an advertisement of any health service provider, to the maximum extent permitted by law, such advertising or reference is not to be construed as:

(a) an endorsement by the Live Better rewards Company or any Medibank Group Company;

(b) an acknowledgment or representation as to fitness for purpose by the Live Better rewards Company or any Medibank Group Company; or

(c) a recommendation or warranty of, for, or in relation to the product or service of the health service provider by the Live Better rewards Company or any Medibank Group Company.

15.4 The Live Better rewards Company and all Medibank Group Companies, to the maximum extent permitted by law, neither take nor assume any responsibility for the products or services provided by Program Partners or Medibank Recognised Providers. Live Better rewards Members should rely on their own inquiries and seek any assurance or warranties directly from the relevant Program Partner or Medibank Recognised Provider.

15.5 The information provided on the Live Better rewards Platform, and its design, text, graphics and software, are (unless otherwise stated) copyright of the Live Better rewards Company or a Medibank Group Company (or are licensed to the Live Better rewards Company or a Medibank Group Company by third parties for use on the Live Better Platform).

15.6 Except as expressly set out to the contrary in these Live Better rewards Terms and Conditions, any Third Party Terms or any terms and conditions of a Program Partner, Live Better rewards Members are granted a revocable license to download the materials contained on the Live Better rewards Platform for the purpose of participating in Live Better rewards. No person may otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Live Better rewards Platform in any way, except as expressly provided for on the Live Better rewards Platform, or with the written authorisation of the Live Better rewards Company.

15.7 The Live Better rewards Company does not warrant the accuracy of any hypertext links provided on the Live Better rewards Platform, nor the suitability or accuracy of any content located at those links. Links and frames connecting the Live Better rewards Platform with other websites are for convenience only and do not mean that a Medibank Group Company is associated with, endorses or approves those other websites, their content, or the people who run or contribute to them. Use or reliance on the content of those websites is at the user's own risk.

15.8 The Live Better rewards Company does not represent or warrant that any files displayed or obtained from or through the Live Better rewards Platform, or any other website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. The Live Better rewards Company’s liability for such an event is limited to the resupply of those files.

By becoming a Live Better rewards Member, you acknowledge that the Live Better rewards Company has entered into commercial arrangements with Program Partners, under which the Live Better rewards Company may pay commissions to Program Partners, and may receive commissions from Program Partners, in connection with Live Better rewards.

If anything in these Live Better rewards Terms and Conditions (or any Membership Agreement) is unenforceable, illegal or void, then it is severed and the rest of these Live Better rewards Terms and Conditions or the relevant Membership Agreement (as applicable) remain in force.

To the extent that a provision of these Live Better rewards Terms and Conditions (or any Membership Agreement) is expressed to be for the benefit of one or more Medibank Group Companies, or any employees, officers or agents of any Medibank Group Companies, the Live Better rewards Company holds the benefit of that provision in its own capacity and as trustee for those persons and companies, and the Live Better rewards Company is entitled to enforce that provision for the benefit of itself and those persons and companies.

These Live Better rewards Terms and Conditions and membership in Live Better rewards are governed by and will be construed in accordance with the laws of the State of Victoria, Australia. In any action or other legal process with respect to any matter or thing in connection with these Live Better rewards Terms and Conditions or the Live Better rewards Company, Live Better rewards Members agree to submit to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.

In these Medibank Live Better terms and conditions, unless the context requires otherwise:

21.1 references to “you” means the Medibank Live Better Member or the Eligible Person;

21.2 the words "include", "for example" or any form of those words must be construed as if they were followed by "but without limitation";

21.3 a reference to a document of any description (including these Medibank Live Better terms and conditions) is a reference to that document (including any schedules, annexures and attachments) as amended, consolidated, novated, assigned, replaced or supplemented;

21.4 the word “law” includes:
(a) any statute, regulation, rule, by-law, ordinance, proclamation, judgment, treaty, decree, convention, rule or principle of common law or equity, rule of any applicable stock exchange, or requirement or approval (including conditions) of a government agency;
(b) any regulation, rule, by-law, ordinance, proclamation or judgment made under that law; and
(c) that law as amended, consolidated, supplemented, re-enacted or replaced, and whether applicable in or outside Australia;

21.5 the headings are used for convenience only and do not affect the interpretation of these Medibank Live Better terms and conditions;

21.6 the word “judgment” includes an order, declaration, determination, injunction, decree or award of any court or tribunal, whether made in or outside Australia;

21.7 the phrase “government agency” means:
(a) any government (whether federal, state, territorial, local or otherwise);
(b) any statutory, public, governmental, semi-governmental or judicial body, entity, department or authority; and
(c) any minister, officer, delegate or other representative of the government agency acting in that capacity, whether located in or outside Australia; and

21.8 if a government agency or other body or entity ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), then a reference to the defunct body is a reference to the government agency or other body or entity that performs most closely the functions of the defunct body.

In these Live Better rewards Terms and Conditions, unless the context requires otherwise:

20.1 references to “you” means the Live Better rewards Member or the Eligible Person;

20.2 the words "include", "for example" or any form of those words must be construed as if they were followed by "but without limitation";

20.3 a reference to a document of any description (including these Live Better rewards Terms and Conditions) is a reference to that document (including any schedules, annexures and attachments) as amended, consolidated, novated, assigned, replaced or supplemented;

20.4 the word “law” includes:
(a) any statute, regulation, rule, by-law, ordinance, proclamation, judgment, treaty, decree, convention, rule or principle of common law or equity, rule of any applicable stock exchange, or requirement or approval (including conditions) of a government agency;
(b) any regulation, rule, by-law, ordinance, proclamation or judgment made under that law; and
(c) that law as amended, consolidated, supplemented, re-enacted or replaced,
and whether applicable in or outside Australia;

20.5 the headings are used for convenience only and do not affect the interpretation of these Live Better rewards Terms and Conditions;

20.6 the word “judgment” includes an order, declaration, determination, injunction, decree or award of any court or tribunal, whether made in or outside Australia;

20.7 the phrase “government agency” means:
(a) any government (whether federal, state, territorial, local or otherwise);
(b) any statutory, public, governmental, semi-governmental or judicial body, entity, department or authority; and
(c) any minister, officer, delegate or other representative of the government agency acting in that capacity,
whether located in or outside Australia; and

20.8 if a government agency or other body or entity ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), then a reference to the defunct body is a reference to the government agency or other body or entity that performs most closely the functions of the defunct body.

Active, in relation to a Live Better rewards Account, means a Live Better rewards Account which has not been deactivated under clause 10.2 or terminated or suspended under clause 13.2(d) or otherwise.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Card Linking System means the process under which the determination and awarding of Live Better points to Rewards and Non Rewards Members for completing the Earning Activity described in clause 4.2(b) is undertaken using card linking technology from the Card Linking Vendor in accordance with the Card Linking System Rules.

Card Linking System Rules means the terms and conditions applicable to the Card Linking System as set out in clause 4.12 and/or as published from time to time on the Live Better rewards Platform by the Live Better rewards Company.

Card Linking Vendor means the card linking vendor engaged from time to time by the Live Better rewards Company to provide the card linking technology and platform to enable the operation of the Card Linking System.

Dependant has the meaning given in clause 4.2.

Earning Activity is defined in clause 4.1.

Eligible Dental Check-Up means a dental check-up that includes either a comprehensive oral examination (with HICAPS item number 011) or a periodic oral examination (with HICAPS item number 012) supplied by a Members’ Choice Advantage Provider.

Eligible Medibank Insurance Policy is defined in clause 1.7.

Eligible Person means a person who is aged 18 or over and has a current Australian residential address.

Eligible Product or Service means a product or service (as set out in the Live Better rewards Platform from time to time) supplied by a Program Partner, where the Live Better rewards Platform states that the purchase of that product or service (including by using a Linked Payment Card) will entitle a Live Better rewards Member to be awarded Live Better points.

Goal means a type of Live Better points Promotion identified on the Live Better rewards Platform as a “Goal” under which additional Live Better points can be earned by Live Better rewards Members, with its details and terms and conditions to be specified on the Live Better rewards Platform from time to time.

GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Health and Wellbeing Activities means the activities specified on the Live Better rewards Platform from time to time, and may include exercise, health checks, better eating habits and other “feel better” activities.

Health and Wellbeing Challenge means a type of Live Better points Promotion identified on the Live Better rewards Platform as a “Health and Wellbeing Challenge” under which additional Live Better points can be earned by Live Better rewards Members, with its details and terms and conditions to be specified on the Live Better rewards Platform from time to time.

Health and Third Party Information and Material means information and material relating to:

(a)     health and wellbeing;

(b)     goods or services provided by a Program Partner; and

(c)     goods or services provided by any health service provider (including a Members’ Choice Advantage Provider or Medibank Recognised Provider).

Linked Payment Card means a Payment Card that has been linked to a Live Better rewards Member’s Live Better rewards Account in the manner specified in the Card Linking System Rules, to make it possible for the Live Better rewards Member to earn Live Better points under the Card Linking System by using the Linked Payment Card to purchase an Eligible Product or Service.

Live Better points means points awarded to Live Better rewards Members under Live Better rewards.

Live Better points Promotion means a promotion (which includes a Health and Wellbeing Challenge or a Goal) under which Live Better points can be earned by (new or existing) Live Better rewards Members in accordance with the terms for that promotion, as offered by the Live Better rewards Company at its discretion and stated on the Live Better rewards Platform from time to time.

Live Better rewards means the health and wellbeing and rewards program of that name operated by the Live Better rewards Company.

Live Better rewards Account means the account created by an Eligible Person when they register via the Live Better rewards Platform to become a member of Live Better rewards.

Live Better rewards Company means Live Better Management Pty Ltd ACN 003 457 289, the Medibank Group Company which operates Live Better rewards.

Live Better rewards Member means an Eligible Person who has registered to become a member of Live Better rewards in accordance with these Live Better rewards Terms and Conditions.

Live Better rewards Platform means any mobile app, web portal or website made available by the Live Better rewards Company from time to time through which an Eligible Person can register to become a Live Better rewards Member and/or take part in Live Better rewards (including My Medibank).

Live Better rewards Terms and Conditions means the Live Better rewards Terms and Conditions set out in Part A of the Terms and Conditions.

Medibank means Medibank Private Limited ABN 47 080 890 259.

Medibank Group means Medibank and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)).

Medibank Group Company means a company within the Medibank Group.

Medibank Privacy Policy means Medibank’s privacy policy (which may be updated from time to time) as set out in Part B below, a current copy of which can be accessed from Medibank’s website or by calling Medibank.

Medibank Recognised Provider means a health service provider recognised as a health service provider by Medibank from time to time.

Medibank’s Fund Rules means Medibank’s fund rules which are available at www.medibank.com.au/fundrules.

Members’ Choice Advantage Provider means a health service provider classified as a “Members’ Choice Advantage Provider” by Medibank from time to time.

Membership Agreement means the agreement taken to be entered into by the Live Better rewards Company and each Live Better rewards Member under clause 2.1 in relation to the participation in and operation of Live Better rewards, which incorporates the following terms:

(a)     these Live Better rewards Terms and Conditions;

(b)     for Live Better rewards Members that can access any features of Live Better rewards through My Medibank, the My Medibank Terms;

(c)     Medibank Privacy Policy;

(d)     specific terms for a Live Better points Promotion;

(e)     specific terms for earning Live Better points (including the Card Linking System Rules) or the redemption and supply of a Reward; and

(f)      Third Party Terms.

My Medibank means the online service (consisting of mobile apps, web portals and websites) made available by Medibank, its wholly owned subsidiaries Fitness2live Pty Limited ACN 138 752 815, Medibank Health Solutions Telehealth Pty Ltd ACN 069 396 792 and other related bodies corporate of Medibank that assists holders of Medibank branded insurance policies to manage and administer their insurance.

My Medibank Terms means the terms and conditions that regulate My Medibank and which are available at: https://members.medibank.com.au/terms-of-use.html.

Non Rewards Members are Live Better rewards Members who are not Rewards Members.

Onboarding Actions means the onboarding actions for which Live Better points may be awarded from time to time (as set out in the Live Better rewards Platform).

Partner Activity Earn means an activity completed by a Live Better rewards Member with a Program Partner, as a result of which Live Better points can be earned by that Live Better rewards Member in accordance with the terms and conditions of that activity as published on the Live Better rewards Platform from time to time, and may include exercise, running or walking activities.

Payment Card means:

(a)     a Visa or Mastercard branded reloadable, pre-paid, debit or credit payment card;

(b)     any other 16 digit reloadable, pre-paid, debit or credit payment card; or

(c)     any other payment card accepted under the Card Linking System Rules,

that is valid and active, has not expired or been suspended or cancelled by the issuer, and that is not otherwise invalid under the issuer’s terms and conditions.

Program Partner means a supplier of goods or services (other than a Medibank Group Company) that has entered into an arrangement with the Live Better rewards Company to supply goods or services to Live Better rewards Members in connection with Live Better rewards (as set out in the Live Better rewards Platform from time to time), and includes any supplier of goods or services that is identified as a Program Partner on the Live Better rewards Platform from time to time.

Rewards is defined in clause 5.3.

Rewards Members is defined in clause 1.4.

Rewards Store means the online store accessed through the Live Better rewards Platform, that allows Rewards Members to redeem Live Better points in exchange for Rewards.

Terms and Conditions means these terms and conditions comprising:

(a)     Part A – Live Better rewards Terms and Conditions;

(b)     Part B – Medibank Privacy Policy; and

(c)     Part C – Third Party Terms (being Sprout’s terms of service).

Third Party Terms is defined in clause 2.2.

Unacceptable is defined in clause 13.3.