Terms and Conditions

Part A - Medibank Live Better terms and conditions

1. Membership
   1. To participate in Medibank Live Better, a person must:
      1. be an individual aged 18 years or over;
      2. have a current Australian residential address; and
      3. register to become a Medibank Live Better Member through the Medibank Live Better Platform.
   2. Membership in Medibank Live Better is not open to families, groups, companies, trusts, partnerships, other entities, government agencies, animals or inanimate objects.
   3. There are 2 types of Medibank Live Better Members:
      1. 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 6, 7 and 8; and
      2. Non Rewards Members - who can earn Live Better Points as set out in clause 4.3, but cannot redeem Live Better Points in exchange for Rewards.
   4. To qualify as a Rewards Member:
      1. each of the following criteria must be satisfied:
         1. the person must be a Medibank Live Better Member who has signed up on the Medibank Live Better Platform by selecting the ‘My Medibank’ account option, or who has signed up by selecting the Facebook, Gmail or email option and linked their My Medibank account with their Medibank Live Better account from within the Medibank Live Better Platform;
         2. that person must be insured under one or more Eligible Medibank Insurance Policies that have not been suspended or cancelled for any reason; and
         3. the premium payments for at least one of those policies must not be in arrears; or
      2. any alternative set of criteria as stated by the Medibank Live Better Company on the Medibank Live Better 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 6, 7 and 8).

   5. If a Medibank Live Better Member has previously qualified as a Rewards Member, but:
      1. all of their Eligible Medibank Insurance Policies are suspended or cancelled for any reason; or
      2. the premium payments for all of their Eligible Medibank Insurance Policies are overdue or in arrears,

      then that Medibank Live Better 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.

   6. If a Medibank Live Better 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 11.1), that Medibank Live Better 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 Medibank Live Better Member:
      1. will only be able to earn Live Better Points as a Non Rewards Member (to the extent contemplated in clause 4);
      2. will not be able to redeem any Live Better Points (as contemplated by clauses 6, 7 and 8); and
      3. will not be able to transfer any Live Better Points (as contemplated by clause 10),

      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.

   7. Eligible Medibank Insurance Policy means any the following types of complying health insurance policies issued under the Medibank brand:
      1. hospital policy;
      2. extras policy (but excluding ambulance only covers); or
      3. combined hospital and extras policy.

      “ahm” branded insurance products, Medibank branded pet, travel and life insurance products, overseas student health cover, working visa health cover and overseas visitor health insurance do not qualify as Eligible Medibank Insurance Policies. For the avoidance of doubt, this is not an exhaustive list of insurance policies that do not qualify as Eligible Medibank Insurance Policies. The Medibank Live Better Company retains the sole discretion to determine, from time to time, which insurance policies qualify (or do not qualify) as Eligible Medibank Insurance Policies.

2. Acceptance of Medibank Live Better terms and conditions and agreement with Medibank Live Better Company
   1. When a person registers to become a Medibank Live Better Member and each time that person:
      1. logs in as a Medibank Live Better Member through the Medibank Live Better Platform;
      2. records, logs or undertakes an activity on the Medibank Live Better Platform for which Credits or Live Better Points (as the case may be) are earned;
      3. purchases an Eligible Product or Service from a Program Partner; or
      4. redeems a Reward,

         that person:

      5. accepts and agrees to be bound by these Medibank Live Better terms and conditions and the Medibank Privacy Policy set out in Part B of these Terms and Conditions (which may be updated from time to time and is available from Medibank’s website or by calling Medibank);
      6. without limiting the Medibank Privacy Policy, consents to the collection by the Medibank Live Better Company, and the disclosure to and use by Medibank Group Companies, of their health information (including their waist circumference, general health and wellbeing information and vital measurements such as blood pressure), for the purposes of improving and personalising their experience of Medibank Live Better and their use of the Medibank Live Better Platform, and improving products offered by Medibank Group Companies; and
      7. is taken to have entered into the Membership Agreement.
   2. The Medibank Live Better Company has engaged third party providers to operate the Medibank Live Better Platform. Accordingly, the use of the Medibank Live Better 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.
   3. If there is any inconsistency between these Medibank Live Better terms and conditions, the Medibank Privacy Policy, specific terms for a Live Better Points Promotion, specific terms for 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:
      1. Medibank Privacy Policy;
      2. specific terms for a Live Better Points Promotion;
      3. specific terms for the redemption and supply of a Reward;
      4. these Medibank Live Better terms and conditions; and
      5. Third Party Terms.
3. Changes to these Medibank Live Better terms and conditions
   1. These Medibank Live Better terms and conditions may change from time to time at the discretion of the Medibank Live Better Company, including with respect to:
      1. activities that may constitute Earning Activities;
      2. the range of Rewards available;
      3. the number of Live Better Points awarded for different Earning Activities;
      4. the number of Live Better Points required to redeem certain Rewards;
      5. the expiry of Live Better Points; and
      6. the deactivation or termination of Medibank Live Better accounts.
   2. The Medibank Live Better Company will notify Medibank Live Better Members of any significant changes to these Medibank Live Better terms and conditions and Third Party Terms (to the extent that the Medibank Live Better Company has been notified of the changes by the relevant third party provider) from time to time via the Medibank Live Better Platform or using other direct communications (such as email or SMS notifications). Otherwise, at all times, the current version of these Medibank Live Better terms and conditions and Medibank Privacy Policy can be accessed and reviewed at Medibank’s website.
   3. Changes to these Medibank Live Better terms and conditions will not affect the number of Credits or Live Better Points that a Medibank Live Better Member has earned before the effective date of change.
   4. Notwithstanding any provision of the Membership Agreement (including those incorporated by reference), the Medibank Live Better Company and Medibank may do anything reasonably required (including varying these Medibank Live Better terms and conditions and the Medibank Privacy Policy) to ensure that the Medibank Group and all aspects of Medibank Live Better (including the earning and redemption of Live Better Points) are compliant with all applicable laws, including all laws relating to private health insurance.
4. Earning Live Better Points
   1. An Earning Activity:
      1. 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
      2. in respect of a Non Rewards Member is any activity that entitles a Non Rewards Member to be awarded Live Better Points under clause 4.3.
   2. A Rewards Member will be awarded with Live Better Points after completing any one or more of the following activities (provided that the Medibank Live Better account of that Rewards Member has not been deactivated under clause 11.2 or otherwise suspended or terminated when that activity is completed or the relevant Live Better Points are awarded):
      1. achieving a new Level through earning Credits as a result of the Rewards Member undertaking Health and Wellbeing Activities during a Quarter (see clause 5);
      2. receiving (or having a child under the age of 18, who is insured under an Eligible Medibank Insurance Policy held by the Rewards Member as the policy holder, receive) an Eligible Health Service from a Members’ Choice Advantage Provider and lodging and receiving approval for a claim under the relevant Eligible Medibank Insurance Policy after receiving that Eligible Health Service;
      3. purchasing an Eligible Product or Service from a Program Partner for personal, domestic or household use or consumption:
         1. at that Program Partner’s retail store or location (where applicable);
         2. using the Program Partner’s online platform; or
         3. through the Medibank Live Better 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 Medibank Live Better account (which may be up to 30 days after the date of purchase unless stated otherwise on the Medibank Live Better Platform) and complying with any other requirements as set out in the Medibank Live Better Platform in relation to that purchase (for example, “linking” that Rewards Member’s Medibank Live Better account with an account under the Program Partner’s loyalty program, which can only be done if at least one of the Eligible Medibank Insurance Policies under which that Rewards Member is insured has not been suspended or cancelled, and the premium payments for that policy are not in arrears);

      4. participating in (and complying with the terms of) a Live Better Points Promotion; or
      5. satisfying the requirements of any other Earning Activity published by the Medibank Live Better Company from time to time using the Medibank Live Better Platform.
   3. Subject to clause 4.4, a Non Rewards Member will be awarded with Live Better Points after completing any one or more of the following activities (provided that the Medibank Live Better account of that Non Rewards Member has not been deactivated under clause 11.2 or otherwise suspended or terminated when that activity is completed or the relevant Live Better Points are awarded):
      1. achieving a new Level through earning Credits as a result of the Non Rewards Member undertaking Health and Wellbeing Activities during a Quarter (see clause 5);
      2. 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
      3. satisfying the requirements of any other Earning Activity in which Non Rewards Members are eligible to complete or participate in, as published by the Medibank Live Better Company from time to time using the Medibank Live Better Platform.

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

   4. Notwithstanding clause 4.3:
      1. a person who is a Non Rewards Member solely due to the operation of clause 1.5(b) (and whose Medibank Live Better account has not been deactivated under clause 11.2 or otherwise suspended or terminated when that activity is completed or the relevant Live Better Points are awarded) can also earn Live Better Points by completing the Earning Activity described in clause 4.2(c); and
      2. the Medibank Live Better 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.
   5. The number of Live Better Points that a Medibank Live Better Member may earn from completing an Earning Activity are as set out in the Medibank Live Better Platform (and those numbers may change from time to time).
   6. If a Medibank Live Better Member successfully completes an Earning Activity and complies with all requirements associated with that Earning Activity, the Medibank Live Better Company will credit that person’s Medibank Live Better account with the relevant number of Live Better Points as soon as possible after the Medibank Live Better Company has received all required information relating to that Earning Activity, which may be dependent on factors outside the control of the Medibank Live Better Company (such as where there is a delay in the provision of information from a Program Partner or errors or inconsistencies in the data provided by the relevant Medibank Live Better Member or Program Partner), and may take up to 30 days after the date of completion of the Earning Activity (unless stated otherwise on the Medibank Live Better Platform).
   7. 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 Medibank Live Better Platform, the maximum number of Live Better Points that each Medibank Live Better Member can earn from successfully completing any one or more Health and Wellbeing Challenges in a calendar year, is 30,000 Live Better Points.
   8. If a person qualifies as an Eligible Person and that person is the holder of one or more Eligible Medibank Insurance Policies, but the Eligible Person:
      1. has not registered to participate in Medibank Live Better;
      2. has previously registered to participate in Medibank Live Better but has not linked his/her My Medibank account with his/her Medibank Live Better account; or
      3. has previously registered to participate in Medibank Live Better but his/her Medibank Live Better account has been deactivated under clause 11.2 or terminated or suspended under clause 14.2(d)),
      and that Eligible Person (or a child under the age of 18 who is insured under an Eligible Medibank Insurance Policy held in the name of that Eligible Person as the policy holder) receives an Eligible Health Service from a Members’ Choice Advantage Provider and then lodges and receives approval for a claim under the relevant Eligible Medibank Insurance Policy after receiving that Eligible Health Service, then:
      4. the Medibank Live Better Company may record and hold the Live Better Points that the Eligible Person would have earned if:
         1. they were a Medibank Live Better Member with their My Medibank account linked to their Medibank Live Better account, at that time;
         2. their Medibank Live Better account had not been terminated under clause 14.2(d) before that time; or
         3. their Medibank Live Better account had been reactivated under clause 11.2 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 Health Service is provided (Holding Period);
      5. if, during the Holding Period, that Eligible Person:
         1. registers to participate in Medibank Live Better, becomes a Medibank Live Better Member and links his/her My Medibank account with his/her Medibank Live Better account;
         2. links his/her My Medibank account with his/her existing Medibank Live Better account;
         3. opens a new Medibank Live Better account under clause 14.8(c); or
         4. reactivates a previously active Medibank Live Better account held by that Eligible Person in accordance with clause 11.2,
         his/her Medibank Live Better account will be credited with the Pre-Activation Points; and
      6. if, during the Holding Period, that Eligible Person does not register to participate in Medibank Live Better, does not link his/her My Medibank account with his/her Medibank Live Better account, does not open a new Medibank Live Better account under clause 14.8(c) or does not reactivate a previously active Medibank Live Better account held by that Eligible Person in accordance with clause 11.2, the Medibank Live Better Company will cancel and delete the Pre-Activation Points at the end of the Holding Period.
   9. 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 Medibank Live Better Platform.
   10. The Medibank Live Better Company may at any time:
       1. reverse the Live Better Points credited to the Medibank Live Better account of a Medibank Live Better 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);
       2. update the number of Live Better Points credited to the Medibank Live Better account of a Medibank Live Better 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);
       3. decide not to credit the Medibank Live Better account of a Medibank Live Better Member with Live Better Points (or reverse Live Better Points already credited to the Medibank Live Better account of a Medibank Live Better Member) if the Medibank Live Better 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
       4. update the number of Live Better Points credited to the Medibank Live Better account of a Medibank Live Better 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 Medibank Live Better account to zero.
5. Credits, Levels and Health and Wellbeing Activities
   1. The Medibank Live Better Company will award Credits to a Medibank Live Better Member for Health and Wellbeing Activities completed by that Medibank Live Better Member during a Quarter (subject to these Medibank Live Better terms and conditions).
   2. The number of Credits awarded for each Health and Wellbeing Activity are as set out in the Medibank Live Better Platform (which may change from time to time).
   3. The Medibank Live Better Company may cap the number of Credits that may be awarded for certain Health and Wellbeing Activities during a certain period (e.g. per day). The maximum number of Credits that may be awarded for a certain period will be as set out in the Medibank Live Better Platform (which may change from time to time).
   4. To be awarded Credits, a Medibank Live Better Member must have an active Medibank Live Better account (that has not been deactivated, suspended or terminated) and must track and record the relevant Health and Wellbeing Activities at their own cost by:
      1. using a compatible digital tracking device or tracking app which is linked to the Medibank Live Better Platform; or
      2. manually entering the required data using the Medibank Live Better Platform.
   5. If a Medibank Live Better Member uses a compatible digital tracking device or tracking app linked to the Medibank Live Better Platform to track and record Health and Wellbeing Activities, it is that Medibank Live Better Member’s responsibility to ensure that:
      1. the relevant compatible tracking device or tracking app is properly linked to the Live Better Platform; and
      2. the linked device or app is properly tracking and recording the relevant Health and Wellbeing Activity.
   6. If a Medibank Live Better Member has more than one compatible tracking device or tracking app linked to the Medibank Live Better Platform, the Medibank Live Better Company will record data from the tracking device or tracking app which has recorded the highest level of activity for the relevant Health and Wellbeing Activity.
   7. Upon earning a certain number of Credits, the relevant Medibank Live Better Member will achieve a certain Level. The achievement of a Level during a Quarter entitles that Medibank Live Better Member to have their Medibank Live Better account credited with a certain number of Live Better Points. The total number of Credits required for each Level is as follows:

      Total number of Credits (cumulative)	Level status achieved
      10,000 Credits	Level 1
      25,000 Credits (i.e. an additional 15,000 Credits)	Level 2
      60,000 Credits (i.e. an additional 35,000 Credits)	Level 3

   8. The number of Live Better Points awarded for each Level is as follows:

      Level status achieved	Number of Live Better Points awarded
      Level 1	250 Live Better Points
      Level 2	500 Live Better Points
      Level 3	250 Live Better Points

   9. The highest Level that a Medibank Live Better Member can achieve during a Quarter is Level 3. Accordingly, the maximum number of Live Better Points that a Medibank Live Better Member can earn during a Quarter for achieving Levels 1, 2 and 3, is 1,000 Live Better Points.
   10. Once a Medibank Live Better Member achieves Level 3 in any Quarter, that Medibank Live Better Member can continue to earn Credits during that Quarter (subject to these Medibank Live Better terms and conditions) but, since no further Levels can be achieved by that Medibank Live Better Member in that Quarter, no further Live Better Points will be awarded to that Medibank Live Better Member’s account during that Quarter.
   11. For the avoidance of doubt, Credits cannot be redeemed for any Reward.
   12. Credits earned (and Levels achieved) by a Medibank Live Better Member will expire at the end of each Quarter. For the avoidance of doubt, Live Better Points do not automatically expire at the end of each Quarter but are instead subject to expiry under clause 11.1.
   13. Medibank Live Better 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 old, or have a pre-existing medical condition or health problem.
6. Redeeming Live Better Points
   1. A Medibank Live Better Member can only redeem Live Better Points if they are a Rewards Member and their Medibank Live Better account has not been deactivated, suspended or terminated at that time.
   2. If a Medibank Live Better Member is a Non Rewards Member, they can only redeem Live Better Points by becoming a Rewards Member and supplying the Medibank Live Better Company with all information required by the Medibank Live Better Company in order to update the details associated with that Medibank Live Better Member’s account.
   3. If a Medibank Live Better Member is a Rewards Member who can redeem Live Better Points under clause 6.1, that Medibank Live Better Member may elect to redeem the Live Better Points held at any given time by exchanging them for certain rewards set out in the Medibank Live Better Platform as at the time of redemption (Rewards).
   4. The Rewards may include one or more of the following:
      1. merchandise, services, gift cards or vouchers from a Program Partner; or
      2. private health insurance-related Rewards.
   5. Live Better Points that are eligible to be redeemed in accordance with these Medibank Live Better terms and conditions must be redeemed for Rewards through the Rewards Store.
   6. Further terms specific to the redemption of Live Better Points for Rewards may be set out in the Medibank Live Better Platform and/or the online platform of the relevant Program Partners.
   7. Live Better Points and Rewards cannot be directly exchanged for cash.
   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.
7. Rewards - merchandise, services, gift cards and vouchers
   1. Without limiting clause 6, this clause 7 will apply where Live Better Points are (or are intended to be) redeemed for Rewards that are merchandise, services, gift cards or vouchers.
   2. All Rewards are subject to availability (e.g. stock availability) which may not be within the control of the Medibank Live Better 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 Medibank Live Better account of the relevant Rewards Member.
   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):
      1. product or service warranties;
      2. delivery times;
      3. delivery costs (if any);
      4. taxes or duties payable such as GST (if any); and
      5. 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.

   4. Manufacturer’s terms and warranties may also apply to the relevant Reward.
   5. Where the delivery of a Reward involves the physical delivery of merchandise, a gift card or a voucher, delivery will be made by ordinary post (unless otherwise specified on the Medibank Live Better Platform or in the online platform of the relevant Program Partner) and the delivery address must be in Australia.
   6. Images of Rewards set out in the Medibank Live Better Platform are illustrative only and may not be to scale.
   7. Title and risk in a Reward which is merchandise, a gift card 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.
   8. If a Rewards Member redeems Live Better Points for a Reward in accordance with these Medibank Live Better terms and conditions and the Reward is either:
      1. not delivered to that Rewards Member within the timeframe specified at the time of ordering the relevant Reward; or
      2. in a damaged state when it is received by that Rewards Member,

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

   9. To enable the Medibank Live Better Company to expedite the processing of claims, a claim for non-delivery under clause 7.8(a) must be made within 2 months of redeeming the relevant Reward.
   10. To enable the Medibank Live Better Company to expedite the processing of claims, a claim for damage under clause 7.8(b) must be made within 7 days of receipt of the relevant Reward.
   11. To the extent permitted by law (including the consumer guarantees under the Australian Consumer Law), the Medibank Live Better 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 7.9 and 7.10 (as applicable).
   12. The Medibank Live Better Company will endeavour to investigate and resolve a claim for non-delivery or damage made in accordance with clauses 7.8 to 7.10 as soon as reasonably practicable, subject to the receipt of all information reasonably required by the Medibank Live Better Company from the relevant Rewards Member and the relevant Program Partner (if applicable).
8. Rewards - private health insurance-related rewards
   1. Without limiting clause 6, this clause 8 will apply where Live Better Points are (or are intended to be) redeemed for Rewards that are related to private health insurance as specified on the Medibank Live Better Platform from time to time, including the following:
      1. 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);
      2. a $200 payment towards the premium for an Eligible Medibank Insurance Policy (Premium Payment Reward);
      3. a $250 reduction in the excess payable under an Eligible Medibank Insurance Policy which includes a hospital policy (Excess Reduction Reward);
      4. 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);
      5. 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); and
      6. 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).
   2. The following terms will apply to an Extras Limit Increase Reward:
      1. 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).
      2. In any consecutive 12 month period, a Rewards Member may redeem:
         1. 1 x $100 Extras Limit Increase Reward; and
         2. 1 x $200 Extras Limit Increase Reward.
      3. Subject to clause 8.2(d), after a Rewards Member has redeemed an Extras Limit Increase Reward, the Extras Limit Increase Reward will be applied towards a 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. 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 PackageBonus/Membership Bonus (as defined in Medibank’s Fund Rules) is applied.
      4. Further to clause 8.2(c), an Extras Limit Increase Reward will be applied at a policy level. Accordingly, the person making a claim for a benefit under clause 8.2(c) does not have to be the Rewards Member who redeemed the Extras Limit Increase Reward.
      5. 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.
      6. 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.
      7. The extras services covered under an Eligible Medibank Insurance Policy may change from time to time.
      8. To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of an Extras Limit Increase Reward.
   3. The following terms will apply to a Premium Payment Reward:
      1. 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.
      2. At the time of redemption of a Premium Payment Reward, the amount of $200 will be applied to the Rewards Members’ Eligible Medibank Insurance Policy if at that time:
         1. that Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and
         2. the premium payments for that Eligible Medibank Insurance Policy are not in arrears.
      3. If a Rewards Member has more than one Eligible Medibank Insurance Policy, the Medibank Live Better Company will select at its sole discretion the policy to which the Reward is applied.
      4. To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of a Premium Payment Reward.
   4. The following terms will apply to an Excess Reduction Reward:
      1. 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).
      2. The Excess Reduction Reward can be redeemed by a Rewards Member once in any consecutive 12 month period.
      3. Subject to clause 8.4(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 is payable by that person for that admission, that Excess Reduction Reward will already be applied, reducing the excess payable by $250.
      4. 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.
      5. Further to clause 8.4(c), the Excess Reduction Reward will be applied at a policy level. Accordingly, the person making a claim for a benefit under clause 8.4(c) does not have to be the Rewards Member who redeemed the Excess Reduction Reward.
      6. An Excess Reduction Reward will only be applied under clause 8.4(c), if at the time of redemption of the Reward in the Rewards Store:
         1. the relevant Eligible Medibank Insurance Policy includes a hospital policy;
         2. the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and
         3. the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears.
      7. 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.
      8. To the extent applicable, Medibank’s Fund Rules will apply to the redemption and use of the Excess Reduction Reward.
   5. The following terms apply to the Remedial Massage Reward:
      1. 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).
      2. A Remedial Massage Reward can only be applied to a single remedial massage or myotherapy by a Medibank Recognised Provider, and:
         1. 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
         2. if the cost of the remedial massage or myotherapy is less than $115, then any remaining amount in the Remedial Massage Reward is forfeited.
      3. There is no limit in the number of Remedial Massage Rewards which a Rewards Member may redeem.
      4. Subject to clause 8.5(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 from a Medibank Recognised Provider.
      5. Further to clause 8.5(d), a Remedial Massage Reward will be applied at a policy level. Accordingly, the person making the claim under clause 8.5(d) does not have to be the Rewards Member who redeemed the Remedial Massage Reward.
      6. A Remedial Massage Reward will only be applied towards a claim under clause 8.5(d), if at the time of the claim:
         1. the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and
         2. the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears.
      7. For the avoidance of doubt, a Remedial Massage Reward can be applied towards a claim under clause 8.5(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy.
      8. A Remedial Massage Reward will expire 12 months after the date of redemption of that Reward.
   6. The following terms apply to the Physiotherapy Service Reward:
      1. 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).
      2. A Physiotherapy Service Reward can only be applied to a single physiotherapy service by a Medibank Recognised Provider, and:
         1. if the cost of the physiotherapy service is greater than $115, then the person receiving the physiotherapy service must pay the gap; or
         2. if the cost of the physiotherapy service is less than $115, then any remaining amount in the Physiotherapy Service Reward is forfeited.
      3. There is no limit in the number of Physiotherapy Service Rewards which a Rewards Member may redeem.
      4. Subject to clause 8.6(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.
      5. Further to clause 8.6(d), a Physiotherapy Service Reward will be applied at a policy level. Accordingly, the person making the claim under clause 8.6(d) does not have to be the Rewards Member who redeemed the Physiotherapy Service Reward.
      6. A Physiotherapy Service Reward will only be applied towards a claim under clause 8.6(d), if at the time of the claim:
         1. the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and
         2. the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears.
      7. For the avoidance of doubt, a Physiotherapy Service Reward can be applied towards a claim under clause 8.6(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy.
      8. The Physiotherapy Service Reward will expire 12 months after the date of redemption of that Reward.
   7. The following terms apply to the Chiropractic Service Reward:
      1. 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).
      2. A Chiropractic Service Reward can only be applied to a single chiropractic or osteopathy service by a Medibank Recognised Provider, and:
         1. 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
         2. if the cost of the chiropractic or osteopathy service is less than $115, then any remaining amount in the Chiropractic Service Reward is forfeited.
      3. There is no limit in the number of Chiropractic Service Rewards which a Rewards Member may redeem.
      4. Subject to clause 8.7(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.
      5. Further to clause 8.7(d), a Chiropractic Service Reward will be applied at a policy level. Accordingly, the person making the claim under clause 8.7(d) does not have to be the Rewards Member who redeemed the Chiropractic Service Reward.
      6. A Chiropractic Service Reward will only be applied towards a claim under clause 8.7(d), if at the time of the claim:
         1. the relevant Eligible Medibank Insurance Policy has not been suspended or cancelled for any reason; and
         2. the premium payments for the relevant Eligible Medibank Insurance Policy are not in arrears.
      7. For the avoidance of doubt, a Chiropractic Service Reward can be applied towards a claim under clause 8.7(d) even if at the time of the claim, the relevant Eligible Medibank Insurance Policy does not include an extras policy.
      8. The Chiropractic Service Reward will expire 12 months after the date of redemption of that Reward.
   8. Where a Rewards Member redeems a private health insurance-related Reward under this clause 8:
      1. the Rewards Member should allow at least 24 hours for the Reward to be made available, and should log in to the web portal known as “My Medibank” (at www.members.medibank.com.au) or such other web portal provided and maintained by Medibank for members insured under an Eligible Medibank Insurance Policy from time to time, to confirm that the Reward has been applied to the correct Eligible Medibank Insurance Policy and can be used; and
      2. except as otherwise provided for in clauses 8.5(g), 8.6(g) and 8.7(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.
9. Live Better Points balance
   1. Medibank Live Better Members can check their Live Better Points balance:
      1. through the Medibank Live Better Platform;
      2. by calling Medibank; or
      3. by visiting a Medibank retail store.
   2. The Medibank Live Better Company may also send periodic statements to Medibank Live Better Members setting out details of their Live Better Points balance.
10. Transferring Live Better Points
    1. Live Better Points may be transferred from one Medibank Live Better account to another Medibank Live Better account if both of the Medibank Live Better accounts have not been deactivated, suspended or terminated, and:
       1. 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
       2. 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).
    2. A Medibank Live Better Member can only make 1 request to transfer Live Better Points in any 12-month period.
    3. A Medibank Live Better Member can request for their Live Better Points to be transferred by calling Medibank or emailing live.better@medibank.com.au.
    4. After the death of a Medibank Live Better Member, the Live Better Points held by that Medibank Live Better Member may be transferred to a relative of that Medibank Live Better Member if that relative:
       1. is (or registers to become) a Medibank Live Better Member;
       2. 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;
       3. rings Medibank or emails live.better@medibank.com.au to request the transfer of the Live Better Points from the deceased Medibank Live Better Member to their Medibank Live Better account (within 12 months after the death of that Medibank Live Better Member); and
       4. provides all information reasonably required by the Medibank Live Better Company.
    5. Without limiting any other provisions of these Medibank Live Better terms and conditions, the Medibank Live Better Company may close the account of a deceased Medibank Live Better Member 12 months after the death of that Medibank Live Better Member, and any Live Better Points credited to that Medibank Live Better Member’s account will be deleted without recourse.
11. Live Better Points expiry and Medibank Live Better account deactivation
    1. Expiry of Live Better Points
       The Live Better Points of a Medibank Live Better Member will not expire if that Medibank Live Better Member has earned or redeemed Live Better Points in the last 24 months. The Live Better Points of a Medibank Live Better Member will expire or be expunged (as the case may be), and the Medibank Live Better Company may, at its discretion, cancel and remove the Live Better Points held by a Medibank Live Better Member, if that Medibank Live Better Member has not:
       1. earned any Live Better Points; or
       2. redeemed any Live Better Points,
       in any period of 24 months or more.
       Live Better Points could also be deleted under clause 14.7.
    2. Deactivation of Medibank Live Better accounts
       1. The Medibank Live Better account of a Medibank Live Better Member may be deactivated if that Medibank Live Better Member has not logged into and manually undertaken an activity in the Medibank Live Better Platform (for example, purchasing an Eligible Product or Service from a Program Partner, redeeming Live Better Points, adding a family or friend, posting a comment, joining or leaving a community on the Medibank Live Better Platform) in any period of 90 days or more (even if the Medibank Live Better Member has been earning Credits or Live Better Points during that period).
       2. If the Medibank Live Better account of a Medibank Live Better Member is deactivated under clause 11.2(a):
          1. any Live Better Points earned but not yet used/redeemed will continue to be subject to expiry under clause 11.1;
          2. any other personal settings in the Medibank Live Better account (including the linking of any digital tracking device or tracking app, progress made in any health and wellbeing personal targets or Health and Wellbeing Challenges, membership of any community in the Medibank Live Better Platform) will be deleted with no recourse (even if that account is later reactivated under clause 11.2(b)(iii)); and
          3. the Medibank Live Better Member can reactivate his/her Medibank Live Better 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 Medibank Live Better Company for reactivation.
12. Member obligations and responsibilities
    1. Medibank Live Better Members must not:
       1. act in a way that breaches the Membership Agreement;
       2. provide their login/security credentials for the Medibank Live Better Platform to any other person, except where such credentials are required to be provided to another person to assist an injured or incapacitated Medibank Live Better Member to access the Medibank Live Better Platform;
       3. engage in illegal or fraudulent activities in relation to Medibank Live Better;
       4. supply or attempt to supply false or misleading information to any Medibank Group Company, Program Partner or Medibank Recognised Provider; or
       5. sell, assign or transfer, or offer to sell, assign or transfer any Reward or Live Better Points (other than in accordance with these Medibank Live Better terms and conditions).
    2. It is the responsibility of each Medibank Live Better Member to regularly check their Medibank Live Better account, and they must promptly notify the Medibank Live Better Company of:
       1. any omissions, incorrect entries or other discrepancies associated with their Medibank Live Better account; and
       2. any unauthorised transactions that have been processed using their Medibank Live Better account.
    3. Medibank Live Better Members are solely responsible for keeping their Medibank Live Better account username and password confidential and secure. If a Medibank Live Better Member believes that their username or password has been lost or stolen, or if they believe that there has been unauthorised access to their account by third parties, that Medibank Live Better Member must notify the Medibank Live Better Company immediately and change their password as soon as possible.
13. Tax

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

14. Termination
    1. A Medibank Live Better Member may terminate their Medibank Live Better account (and participation in Medibank Live Better) at any time (and for any reason) by:
       1. following the account cancellation process set out in the Medibank Live Better Platform;
       2. calling Medibank to request that cancellation; or
       3. sending an email to live.better@medibank.com.au requesting that cancellation and providing all information reasonably required by the Medibank Live Better Company.
    2. The Medibank Live Better Company has the right to (at its absolute discretion) suspend or terminate the Medibank Live Better account of a Medibank Live Better Member (and that Medibank Live Better Member’s participation in Medibank Live Better) with immediate effect and without notice if:
       1. that Medibank Live Better Member breaches the Membership Agreement;
       2. the Medibank Live Better Company has reasonable grounds to suspect that the Medibank Live Better 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 Medibank Live Better (including with respect to tracking and recording Health and Wellbeing Activities, earning Credits, earning Living Better Points or redeeming Live Better Points);
       3. that Medibank Live Better Member engages in behaviour which, in the reasonable opinion of the Medibank Live Better Company, is Unacceptable (as described in clause 14.3) on the Medibank Live Better Platform (such as by selecting a username or posting content which is Unacceptable) or in their dealing with any Medibank Group Company, a Program Partner or any of their personnel; or
       4. that Medibank Live Better Member has not logged into and manually undertaken an activity in the Medibank Live Better Platform (for example, purchasing an Eligible Product or Service from a Program Partner, redeeming Live Better Points, adding a family or friend, posting a comment, joining or leaving a community on the Medibank Live Better Platform) in any period of 180 days or more (even if that Medibank Live Better Member has been earning Credits or Live Better Points during that period).
    3. Behaviour which is Unacceptable includes behaviour which:
       1. is offensive, abusive, obscene, profane, hateful or racist;
       2. is threatening, defamatory or contains a personal attack;
       3. is a solicitation or advertisement, or an endorsement of other products, services or organisations;
       4. in the Medibank Live Better Company’s absolute discretion, is spam (such as multiple or repetitive posts);
       5. violates the intellectual property rights of another party;
       6. violates any law or regulation;
       7. contains false, inaccurate or misleading information;
       8. personally identifies a person or group of people without consent, including staff of a Medibank Group Company;
       9. discloses any personal or financial information (e.g. membership number or contact details); and
       10. the Medibank Live Better Company considers (in its absolute discretion) is inappropriate in any other way.
    4. Without limiting the Medibank Live Better Company’s rights under clause 14.2:
       1. if the Medibank Live Better Company suspends the Medibank Live Better account of a Medibank Live Better Member under clause 14.2, that suspension may be subject to such conditions (including as to the length of the suspension) as the Medibank Live Better Company considers appropriate; and
       2. if the behaviour which was deemed Unacceptable by the Medibank Live Better Company involved the posting of content on the Medibank Live Better Platform, the Medibank Live Better Company may remove that post without any notice.
    5. In addition to the termination rights under clause 14.2, the Medibank Live Better Company has the right to terminate Medibank Live Better at any time for any reason with at least 30 days’ notice to be given via the Medibank Live Better Platform. The Medibank Live Better Company gives no warranty as to the continuing availability of Medibank Live Better.
    6. Medibank Live Better Members acknowledge that, in order for the Medibank Live Better Company to (among other things) monitor the operation of Medibank Live Better, the Medibank Live Better Company has the right to undertake audits, verification checks and investigations in relation to a Medibank Live Better Member’s account and activities in Medibank Live Better.
    7. If Medibank Live Better or a Medibank Live Better account is terminated for any reason (other than under clause 14.2(d)), any Live Better Points earned but not yet used/redeemed will be deleted, and the Medibank Live Better Company or any other Medibank Group Company will not be liable to anyone for such termination.
    8. If the Medibank Live Better account of a Medibank Live Better member is terminated under clause 14.2(d):
       1. any Live Better Points earned but not yet used/redeemed will continue to be subject to expiry under clause 11.1;
       2. any other personal settings in the Medibank Live Better account (including the linking of any digital tracking device or tracking app, progress made in any health and wellbeing personal targets or Health and Wellbeing Challenges, membership of any community in the Medibank Live Better Platform) will be deleted with no recourse (even if the process set out in clause 14.8(c) is undertaken); and
       3. the Medibank Live Better Member may register a new Medibank Live Better account with the same credentials as the previous Medibank Live Better account and link any unused and unexpired Live Better Points of the previous Medibank Live Better account with the new Medibank Live Better 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 Medibank Live Better Company for this linking process).
15. Limitation of liability
    1. Subject to this clause 15 and to the maximum extent permitted by law, the Medibank Live Better Company is not (and no other Medibank Group Company will be) liable to any other person for:
       1. 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;
       2. without limiting clause 15.1(a), any loss or damage of any kind that is directly or indirectly caused by or results from any act or omission of any Program Partner or Medibank Recognised Provider or any of the officers, employees, agents or contractors of any Program Partner or Medibank Recognised Provider; or
       3. 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 Medibank Live Better Company or any other person was previously notified of the possibility of that loss or damage.
    2. The aggregate liability of the Medibank Live Better 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 Medibank Live Better is limited to $10 million.
    3. Any warranty, guarantee, condition, representation, undertaking or other right relating to the supply of goods or services that would be implied in these Medibank Live Better 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 Medibank Live Better terms and conditions (or any Membership Agreement) excludes liability which cannot be excluded by law (including the consumer guarantees under the Australian Consumer Law).
    4. To the maximum extent permitted by law, the liability of the Medibank Live Better Company or any other Medibank Group Company will be limited (at the discretion of the Medibank Live Better Company or the relevant Medibank Group Company, as applicable) to:
       1. reinstating the number of Live Better Points in dispute;
       2. reinstating the number of Live Better Points relating to the Reward in dispute;
       3. in the case of goods:
          1. the replacement of the goods or the supply of equivalent goods;
          2. the repair of the goods;
          3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
          4. the payment of the cost of having the goods repaired; or
       4. in the case of services:
          1. the supplying of the services again; or
          2. the payment of the cost of having the services supplied again.
    5. Notwithstanding any other provision of these Medibank Live Better terms and conditions (or any Membership Agreement), this clause 15 survives the termination of a Medibank Live Better account, termination of a Membership Agreement and termination of Medibank Live Better (as the case may be).
16. Health and other disclaimers
    1. The Health and Third Party Information and Material provided through other communication channels from the Medibank Live Better Company or on the Medibank Live Better Platform have been prepared for general information purposes only. The Health and Third Party Information and Material provided through other communication channels from the Medibank Live Better Company or on the Medibank Live Better Platform, or on any other website accessed via the Medibank Live Better 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. Medibank Live Better 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 Medibank Live Better 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:
       1. 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 Medibank Live Better Platform or from any other website on the Internet; 
       2. any errors or omissions in any Health and Third Party Information and Material on the Medibank Live Better 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 Medibank Live Better Company, Medibank Group Companies or their respective officers, employees and agents); or 
       3. any delay or interruption in access to or use of the Medibank Live Better Platform or any other website on the Internet (including delay or interruption arising as a result of the negligence of the Medibank Live Better Company, Medibank Group Companies or their officers, employees and agents).
    2. The Medibank Live Better Company reserves the right, in its absolute discretion, to delete, alter or move any message or other posted material on the Medibank Live Better Platform. The Medibank Live Better Company is under no obligation to update any Health and Third Party Information and Material on the Medibank Live Better Platform, or to correct any inaccuracy in any Health and Third Party Information and Material on the Medibank Live Better Platform that may become apparent at a later time.
    3. Where the Medibank Live Better 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:
       1. an endorsement by the Medibank Live Better Company or any Medibank Group Company;
       2. an acknowledgment or representation as to fitness for purpose by the Medibank Live Better Company or any Medibank Group Company; or
       3. a recommendation or warranty of, for, or in relation to the product or service of the health service provider by the Medibank Live Better Company or any Medibank Group Company.
    4. The Medibank Live Better 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. Medibank Live Better Members should rely on their own inquiries and seek any assurance or warranties directly from the relevant Program Partner or Medibank Recognised Provider. 
    5. The information provided on the Medibank Live Better Platform, and its design, text, graphics and software, are (unless otherwise stated) copyright of the Medibank Live Better Company or a Medibank Group Company (or are licensed to the Medibank Live Better Company or a Medibank Group Company by third parties for use on the Live Better Platform).
    6. Except as expressly set out to the contrary in these Medibank Live Better terms and conditions, any Third Party Terms or any terms and conditions of a Program Partner, Medibank Live Better Members are granted a revocable license to download the materials contained on the Medibank Live Better Platform for the purpose of participating in Medibank Live Better. No person may otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Medibank Live Better Platform in any way, except as expressly provided for on the Medibank Live Better Platform, or with the written authorisation of the Medibank Live Better Company. 
    7. The Medibank Live Better Company does not warrant the accuracy of any hypertext links provided on the Medibank Live Better Platform, nor the suitability or accuracy of any content located at those links. Links and frames connecting the Medibank Live Better 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. 
    8. The Medibank Live Better Company does not represent or warrant that any files displayed or obtained from or through the Medibank Live Better 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 Medibank Live Better Company’s liability for such an event is limited to the resupply of those files. 
17. Commissions

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

18. Severability

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

19. Medibank Group Companies

    To the extent that a provision of these Medibank Live Better 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 Medibank Live Better Company holds the benefit of that provision in its own capacity and as trustee for those persons and companies, and the Medibank Live Better Company is entitled to enforce that provision for the benefit of itself and those persons and companies.

20. Governing law

    These Medibank Live Better terms and conditions and membership in Medibank Live Better 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 Medibank Live Better terms and conditions or the Medibank Live Better Company, Medibank Live Better Members agree to submit to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.

21. Interpretation

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

    1. references to “you” means the Medibank Live Better Member or the Eligible Person;
    2. the words "include", "for example" or any form of those words must be construed as if they were followed by "but without limitation";
    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;
    4. the word “law” includes:
       1. 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;
       2. any regulation, rule, by-law, ordinance, proclamation or judgment made under that law; and
       3. that law as amended, consolidated, supplemented, re-enacted or replaced,

       and whether applicable in or outside Australia;

    5. the headings are used for convenience only and do not affect the interpretation of these Medibank Live Better terms and conditions;
    6. the word “judgment” includes an order, declaration, determination, injunction, decree or award of any court or tribunal, whether made in or outside Australia;
    7. the phrase “government agency” means:
       1. any government (whether federal, state, territorial, local or otherwise);
       2. any statutory, public, governmental, semi-governmental or judicial body, entity, department or authority; and
       3. any minister, officer, delegate or other representative of the government agency acting in that capacity,

       whether located in or outside Australia; and

    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.
22. Definitions

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

    Credit means credits awarded for Health and Wellbeing Activities.

    Earning Activity is defined in clause 4.1.

    Eligible Health Service means a health service (as set out in the Medibank Live Better Platform from time to time) supplied by a Members’ Choice Advantage Provider, where the Medibank Live Better Platform states that the receipt of and approved claim for that health service will entitle a Medibank Live Better Member to be awarded Live Better Points.

    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 Medibank Live Better Platform from time to time) supplied by a Program Partner, where the Medibank Live Better Platform states that the purchase of that product or service will entitle a Medibank Live Better Member to be awarded Live Better Points.

    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 for which Credits can be earned as specified on the Medibank Live Better 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 Medibank Live Better Platform as a “Health and Wellbeing Challenge” under which additional Live Better Points and/or Credits can be earned by Medibank Live Better Members, with its details and terms and conditions to be specified on the Medibank Live Better Platform from time to time.

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

    1. health and wellbeing;
    2. goods or services provided by a Program Partner; and
    3. goods or services provided by any health service provider (including a Members’ Choice Advantage Provider or Medibank Recognised Provider).

    Level means the “level” status a Medibank Live Better Member can achieve through earning Credits as a result of undertaking Health and Wellbeing Activities.

    Live Better Points means points awarded to Medibank Live Better Members under Medibank Live Better.

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

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

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

    Medibank Live Better Member means an Eligible Person who has registered to become a member of Medibank Live Better in accordance with these Medibank Live Better terms and conditions.

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

    Medibank Live Better terms and conditions means the Medibank Live Better terms and conditions set out in Part A of the Terms and Conditions.

    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 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 service provider classified as such by Medibank from time to time.

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

    1. these Medibank Live Better terms and conditions;
    2. Medibank Privacy Policy;
    3. specific terms for a Live Better Points Promotion;
    4. specific terms for the redemption and supply of a Reward; and
    5. Third Party Terms.

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

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

    Quarter means a 3-month period commencing on 1 January, 1 April, 1 July and 1 October.

    Rewards is defined in clause 6.3.

    Rewards Members is defined in clause 1.4.

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

    Terms and Conditions means these terms and conditions comprising:

    1. Part A - Medibank Live Better terms and conditions;
    2. Part B - Medibank Privacy Policy; and
    3. Part C - Terms of use;

    Third Party Terms is defined in clause 2.2.

    Unacceptable is defined in clause 14.3.

Part B - Medibank Privacy Policy

Part C - Sprout's terms of use

1. ACCEPTANCE OF TERMS; USE OF SERVICE
   1. Governing Agreement

      The terms of this document ("Terms of Use") govern the relationship between:

      1. you;
      2. Sprout Wellness Solutions Inc. of 366 Adelaide St West, Suite 301, Toronto, Ontario, M5V 1R9, Canada ("Sprout");
      3. Engage People Inc. of suite 300,1380 Rodick Rd, Markham ON L3R 4G5, Canada (“Engage”); and
      4. Medibank Private Limited of Medibank Place, 720 Bourke Street, Docklands, Victoria 3008, Australia (“Medibank”);

      regarding your use of Sprout's online services, websites and applications (collectively, the "Service"), and Engage’s shopping mall and rewards store (together, the “Rewards Store”).

   2. Privacy Policy

      Use of the Service is also governed by Medibank's Privacy Policy, which is incorporated herein by reference. Your privacy is important to Sprout, Medibank and Engage, and Medibank’s Privacy Policy explains how we collect, use and disclose your content and information and how you can use the Service to share such information with others. Medibank’s Privacy Policy may be viewed at https://www.medibank.com.au/client/Documents/Pdfs/medibank_privacy_policy.pdf

      By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Use and consent to the collection, use and disclosure of your information as outlined in these Terms of Use and Medibank’s Privacy Policy. Any personal or sensitive information you enter or which may be collected from your use of the Service (such as information collected from your device) during the course of using the Service will be collected and securely stored in accordance with these Terms of Use and Medibank’s Privacy Policy, and used for the purposes of providing the Service and maintenance and improvement of the Service.

   3. Updates to Terms of Use and Privacy Policy

      Sprout, Medibank and Engage reserve the right, at their discretion, to change, modify, add or remove portions of these Terms of Use and Medibank’s Privacy Policy at any time by posting the amended Terms of Use and/or Privacy Policy on Sprout's website, Medibank’s website and/or on the Service. Notice of any such changes will be posted prominently on the Service. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall be effective when they are posted. Sprout may also revise other policies, codes or rules at any time, and the new versions will be available on Sprout's website and/or on the Service.

      If at any point you do not agree to any portion of Our Terms of Use, Medibank’s Privacy Policy, or any other policy, rule or code of conduct relating to your use of the Service, your license and right to use the Service shall immediately terminate, and you must immediately stop using the Service. To the extent the Terms of Use or Medibank’s Privacy Policy conflict with any other Sprout terms, policy, rules or codes of conduct, the terms contained in these Terms of Use and in Medibank’s Privacy Policy shall govern.

   4. Grant of Limited License to Use the Service

      In consideration of payment to Sprout by you or a third party on your behalf of any applicable fees which may apply for using the Service as and when due and subject to your agreement and continuing compliance with these Terms of Use and any other relevant Sprout policies which are notified to you from time to time, Sprout grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license, subject to the limitations, terms and conditions contained in these Terms of Use, to access and use the Service solely for your own personal and non-commercial purposes. You agree not to use the Service for any other purpose.

      Sprout reserves the right to cancel or terminate your license, your access to the Service and your Account (as hereinafter defined) in the event that (a) the agreement between Sprout and your company or other third party pursuant to which Sprout agreed to make the Service available to you is terminated or expires; or (b) any applicable fees for your access to and use of the Service are not paid by you, your company or another third party on your behalf when due; or (c) if it reasonably believes You have contravened any part of these Terms of Use; or (d) otherwise in its sole discretion.

   5. Service Access

      Before accessing or using the Service, including browsing any Sprout website and/or downloading and using any Sprout applications, you must agree to these Terms of Use and Medibank’s Privacy Policy. You may also be required to register an account on the Service (an "Account"). The Service is not intended for children under the age of 13 and no person under the age of 13 may use the Service. If you use the Service, you represent that you are of the age of majority in the jurisdiction in which you reside or, if you are 13 years of age or older up to the age of majority in the jurisdiction in which you reside, you represent that you have reviewed these Terms of Use and Medibank’s Privacy Policy with your parent or legal guardian, they have expressly consented to your use of the Service in accordance with these Terms of Use and Medibank’s Privacy Policy and agreed to these on your behalf.

      You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

      You are responsible for any fees, including internet connection or mobile fees, that you incur when accessing or using the Service.

      The Service, or any portion thereof, may not be reproduced, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of Sprout. You must not use or access the Service in a manner not allowed hereunder or that materially interferes with or harms the Service infrastructure or any third parties or that is tortious or violates any third party right or applicable law. You and your company shall use reasonable efforts to prevent unauthorized access to or use of the Service and notify Sprout promptly if it becomes aware of any such unauthorized access or use.

   6. Service Use and Restrictions

      You acknowledge that you are under no obligation to use the Sprout Service, and that any use by you of the Sprout Service is a voluntary use by you at your discretion. Sprout is not a medical organization and we do not and will not give you any medical advice or diagnosis. The purpose of the Service is to help users record what they eat and their exercise, track their health and fitness progress, schedule events and motivate other users. The information available through the Service and from any other service provided to you directly by Sprout or a third party working with Sprout should not be used to make any medical diagnosis or decisions, and is only to be used for educational and informational purposes. The Service should not be used or relied on for medical advice or opinions, nor does it contain or constitute medical advice or opinions. Always consult with a doctor or other recognized medical professional before starting a diet or fitness program or if any training or dieting is causing pain or serious discomfort. Sprout, Medibank and Engage cannot and do not guarantee any health, weight and/or fitness results or improvements as a result of using the Service.

      The following restrictions apply to the use of the Service:

      1. If you are between 13 years of age and the age of majority in the jurisdiction in which you reside, you must have permission of your parent or legal guardian and have them agree to Sprout's Terms of Use on your behalf;
      2. If you have a condition that requires medical treatment, or are pregnant and/or breastfeeding/lactating, have an eating disorder, please consult a medical practitioner prior to using the Service;
      3. You must not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
      4. You must not have an Account or use the Service if you have previously been removed by Sprout, or have been banned by Sprout from participating in the Service or any portion thereof;
      5. You shall use your Account and the Service only for non-commercial purposes in accordance with these Terms of Use and all applicable laws;
      6. You must not use your Account or the Service to advertise, or solicit, or transmit any commercial advertisements or commercial messages, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
      7. You must not use your Account or the Service to engage in any illegal conduct including the unauthorized distribution of copyrighted material;
      8. You must not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Sprout’s written permission;
      9. You must not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Sprout’s permission;
      10. If you access the Service from your employer's account you must comply with your employer's terms of service/use as well as these Terms of Use; and
      11. You must not
          1. violate or attempt to violate the security of the Service;
          2. take any action or use the Service in any manner that could damage, disable, overburden, or impair the Service or disrupt or interfere with any other user’s use and enjoyment of the Service or Sprout’s ability to monitor or make available the Service; or
          3. obtain or attempt to obtain unauthorized access to any part of the Service.

      You must immediately stop using the Service if you are not able to comply with the foregoing restrictions.

   7. Service Account Information

      When creating or updating an Account on the Service, you are required to provide personal information described below and this information will be collected, held, used and disclosed in accordance with Our Privacy Policy. You agree that you will supply accurate and complete information to establish your Account and that you will update that information promptly after it changes.

      You understand that in certain cases your user ID number, name and profile picture will be publicly available to other users of the Service within your company and you consent to this information being publicly available in such manner.

   8. Service Username and Password

      When you create an Account you will be required to provide: i) your legal full name; ii) a valid email address; iii) a password created by you; and iv) any other mandatory information requested in order to create your Account (collectively, "Login Information"). The following rules govern the security of your Login Information:

      1. You must not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
      2. In the event you become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft, or unauthorized use or disclosure of the Login Information, you must immediately notify Sprout and, at the same time, modify your Login Information;
      3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you;
      4. If your Account has been terminated for any reason, you may not re-register as a user without prior written consent of your company and Sprout, which consent in the case of Sprout may or may not be granted, at the sole discretion of Sprout;
      5. You are responsible for all User Content (as hereinafter defined) and activity that occurs through your Account including your interactions with other users of the Service and any damage or other harm resulting therefrom.

      Sprout reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights or where Sprout, in its sole discretion, deems a username to be offensive or inappropriate.

2. OWNERSHIP
   1. Ownership of the Service

      The Service (including without limitation any designs, texts, pictures, video, graphics, titles, applications, software, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, transcripts, character profile information, recordings and other materials available on or through the Service, and the selection and arrangement thereof) are copyrighted works owned by Sprout or licensed to Sprout, and are protected by Canadian and international copyright, trademark and other applicable laws. You may not reproduce, republish, distribute, transmit, modify, create derivatives of, sell or otherwise make available to any third party the Service or any part thereof (other than User Content which you submit and for which you are wholly responsible), in whole or in part, in any manner that is not authorized by Sprout in writing. Neither your use of the Service nor these Terms of Use grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Sprout or any third-party trademarks or service marks appearing on the Service. Except as explicitly stated herein, Sprout reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

   2. Service Accounts

      SPROUT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

   3. Service User Content

      "User Content" means any communications, messages, comments, photos, videos, images, sounds, data, information and other content or material that you upload or transmit to or through the Service, or that other users upload or transmit, including without limitation any chat text.

      By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such User Content is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content to transmit or submit such User Content and grant the license granted in this section by you to Sprout; (c) not threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable and will not cause injury to any person or entity; (d) free of viruses, adware, spyware, worms or other malicious code; and (e) you acknowledge and agree that any of your personal information within such User Content will at all times be processed by Sprout in accordance with Medibank’s Privacy Policy.

      By transmitting or submitting any User Content to the Service, you grant Sprout, a royalty-free, perpetual, irrevocable, worldwide, transferable, sublicensable, non-exclusive right and license to use, reproduce, publish, perform, modify, adapt, translate, display, transmit and distribute such User Content for the purpose of providing and administering the Service to you and other users within your company in any form, media or technology now known or hereafter developed.

   4. Service Feedback

      Any feedback, ideas, recommendations or suggestions provided by users to Sprout or Medibank regarding the Service or improvements or enhancements thereto, including new features or functionality, are deemed to be non-confidential and Sprout has a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, reproduce, modify, distribute, make derivative works of and incorporate same into the Service at Sprout’s sole discretion, without compensation or acknowledgement to you.

   5. Service Monitoring; Suspension and Terminationn

      Sprout reserves the right, but is not obligated, to (without notice or liability to you):

      1. Monitor, edit and/or remove any User Content, in its sole discretion, including if such User Content is abusive, illegal, disruptive, inappropriate or otherwise fails to conform with these Terms of Use as determined by Sprout in its sole discretion;
      2. Suspend or terminate your license, Account and your access to any or all portions of the Service upon any breach of these Terms of Use (and without limiting any other express termination provisions set forth herein);
      3. Take any action it deems necessary to protect the rights, property or safety of users or others and/or the rights and property of Sprout; and/or
      4. Notify any company or third party paying for the Service on your behalf of any non-conformance with or breach by You of these Terms of Use and action taken, or any proposed action to be taken, by Sprout pursuant hereto.
   6. Rewards Store: Your Responsibilities

      You are responsible to keep your registration information, any browser add-on download information, and your user name password confidential. This means that you should not share any of this information with anyone. You should not use information that can be easily guessed by anyone, such as your birth date or telephone number. You are responsible for monitoring your Account activity and changing your password from time to time as a safeguard. Neither Medibank, Engage nor Sprout will be responsible for the use of your Account information by any other person, regardless of whether authorized by you. Any such use may result in the forfeiture of your Medibank Loyalty membership and the cancellation of any purchases made through your Account in respect of such use.

   7. Rewards Store Ownership and Trademarks

      The Rewards Store, including each of its modules and the arrangement and compilation of the content found in the store, is the copyrighted property of Engage and/or its various third-party providers, including any relevant retailers (“Retailers”), distributors, and other information providers, as applicable. In addition, the trademarks, logos and service marks displayed in the Rewards Store (collectively, the "Trademarks") are the registered and common law trademarks and service marks of Engage, Medibank and Sprout and their respective affiliates, and various third parties, including Retailers. Nothing contained in the store shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of (as applicable) Engage, Medibank or Sprout, or such other party that owns the respective Trademarks.

   8. Rewards Store Retailer and Other Third-Party Websites

      You understand and acknowledge that each Retailer is responsible for its own merchandise and Engage, Medibank and Sprout do not endorse or take responsibility for the quality or functionality of merchandise offered by a Retailer. Further, while we may facilitate your use of Live Better Points (“Points”) to make purchases from participating Retailers, if you choose to purchase from a Retailer, whether by accessing it through a link on the Site or otherwise, such Retailer will be responsible for all aspects of the purchase, including order processing, order fulfillment, shipping and handling, billing and payment and customer service. Neither Medibank, Engage nor Sprout will be a party to any such transactions entered into between you and such Retailer; thus, in respect of any such purchases, you must direct your comments, complaints or inquiries regarding your purchases to such Retailer. All rules, policies (including privacy policies) and operating procedures of Retailers apply to you while you are shopping on their respective sites, whether through the Rewards Store or otherwise.

      The Rewards Store may contain links to other third-party websites that are not owned or controlled by Medibank, Engage or Sprout. Neither Medibank, Engage nor Sprout has control over or assumes responsibility for, the policies or practices of any such third parties or the content and services offered on and through their websites. In addition, neither Medibank, Engage nor Sprout will or can censor or edit the content of any third-party website (including that of any Retailer). By using the Rewards Store, you expressly release Medibank, Engage and Sprout from any and all liability arising from your access to and use of any Retailer and other third-party websites and the content displayed and/or distributed thereon. Accordingly, we strongly encourage you to be aware, if you leave the Rewards Store and enter a Retailer or other third-party website, to read the terms and conditions (including any privacy policy) of each such website you visit.

3. SERVICE UPDATES

   You understand that the Service is an evolving one. Sprout may require that you accept updates to the Service. You acknowledge and agree that Sprout may update the Service with or without notifying you. You may need to update third party software from time to time in order to continue receiving the Service.

4. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
   1. Disclaimer of Warranties

      YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND REWARDS STORE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPROUT, MEDIBANK, ENGAGE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND REWARDS STORE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

      WITHOUT LIMITING THE FOREGOING, NEITHER SPROUT NOR ITS AFFILIATES OR SUBSIDIARIES OR PARTNERS (INCLUDING MEDIBANK AND ENGAGE), OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, SUPPLIERS OR LICENSORS (COLLECTIVELY, “SPROUT PARTIES”) WARRANT THAT THE SERVICE AND REWARDS STORE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL ALWAYS BE SECURE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE AND REWARDS STORE OR AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE OR REWARDS STORE.

   2. Limitations; Waivers of Liability

      YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE AND REWARDS STORE UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SPROUT PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR REWARDS STORE

      YOU SPECIFICALLY ACKNOWLEDGE THAT THE SPROUT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SPROUT PARTIES LIABLE, FOR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE OR REWARDS STORE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND REWARDS STORE, EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      UNDER NO CIRCUMSTANCES MAY THE SPROUT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN THE AMOUNT YOU, OR A THIRD PARTY ON YOUR BEHALF, HAS PAID SPROUT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.

      YOU ACKNOWLEDGE AND AGREE THAT IF YOU, OR A THIRD PARTY ON YOUR BEHALF, HAVE NOT PAID SPROUT ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPROUT OR A SPROUT PARTY IN RELATION TO THE SERVICE AND REWARDS STORE IS TO STOP USING THE SERVICE AND REWARDS STORE AND TO CANCEL YOUR ACCOUNT.

      SOME JURISDICTIONS MAY NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. TO THAT EXTENT, SOME EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU

   3. Indemnity

      You agree to indemnify and hold harmless the Sprout Parties from and against any and all claims, actions, demands, liabilities, losses, costs and expenses arising out of the use of your Account, your User Content or your violation of these Terms of Use.

5. GENERAL PROVISIONS
   1. Severability

      You and Sprout Parties agree that if any portion of these Terms of Use or of the Medibank Privacy Policy is found illegal or unenforceable in any jurisdiction, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Use or Medibank’s Privacy Policy, which shall continue to be in full force and effect.

   2. Law and Forum for Legal Disputes

      Any dispute arising out of or related to these Terms of Use, the Service or Rewards Store (excluding any information you enter into the Service) shall be governed in all respects by the laws of the Province of Ontario, Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sprout Parties must be resolved exclusively by a court located in the City of Toronto, Ontario, Canada, except as otherwise agreed by the parties. You agree to submit to the jurisdiction of the courts located in the City of Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.

      Any dispute arising out of or relating to the personal or sensitive information you enter into or which is collected during your use of the Service or Rewards Store shall be governed by Medibank’s Privacy Policy in accordance with the laws of the State of Victoria, Australia. You agree to submit to the jurisdiction of the courts of that State for the purpose of litigating any such claims or disputes.

   3. Assignment

      Sprout Parties may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Use or Medibank’s Privacy Policy without Medibank’s prior written consent, and any unauthorized assignment by you is ineffective. These Terms of Use will inure to the benefit of Sprout Parties’ successors and assigns.

   4. Supplemental Policies

      Sprout, Medibank or Engage may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Use.

   5. Entire Agreement

      These Terms of Use, any other applicable policies and any documents expressly incorporated by reference herein (including Medibank’s Privacy Policy), contain the entire understanding of you and the Sprout Parties with respect to the Service or Rewards Store, and supersede all prior understandings of the parties hereto relating to the Service and Rewards, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and the Sprout Parties.. Any headings or titles herein are for convenience only.

   6. No Waiver

      The failure of Sprout Parties to require or enforce strict performance by you of any provision of these Terms of Use or the Medibank Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Sprout's, Medibank’s or Engage’s right to assert or rely upon any such provision or right in that or any other instance.

      The express waiver by Sprout, Medibank or Engage of any provision, condition, or requirement of these Terms of Use or the Medibank Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

      Except as expressly and specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by Sprout, Medibank or Engage shall be deemed a modification of these Terms of Use, including Medibank’s Privacy Policy, unless documented in writing and signed by You and a duly appointed officer of Medibank.

   7. Notices

      Sprout, Medibank and Engage may provide notices to You with respect to the Service or Rewards Store and these Terms of Use via the Service or via e-mail. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: 366 Adelaide Street West, Suite 301, Toronto, Ontario, M5V 1R9, Canada or to such other address as Sprout may notify you in writing. All notices given by you or required from you under Medibank’s Privacy Policy shall be in writing and addressed to Privacy Officer, Medibank Private Limited, at GPO Box 9999 (Your Capital City) or e-mail privacy@medibank.com.au.

      Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

   8. Equitable Remedies

      You acknowledge that the rights granted and obligations made under these Terms of Use are of a unique and irreplaceable nature, the loss of which may irreparably harm Sprout and/or Medibank and which cannot be replaced by monetary damages alone so that Sprout, Medibank and Engage shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

      You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any Service or Rewards Store, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or Rewards Store or any content or other material used or displayed and agree to limit your claims to claims for monetary damages, limited by Section 4.2 (if any).

   9. Force Majeure

      Sprout nor Medibank nor Engage shall be liable for any delay or failure to perform resulting from causes or circumstances outside the reasonable control of the Sprout Parties, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, denial of service attacks, power failures, Internet service provider failure or delay, or shortages or unavailability of transportation facilities, fuel, energy, telecommunications, labor or materials.

   10. Customer Service and Technical Support

       Customer service and technical support is available via email at support@sproutatwork.com in relation to the Service.

   11. Distribution of Third Party Content

       The Sprout Parties are a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Sprout nor any Sprout Party. Neither Sprout nor any Sprout Party or third-party provider of information guarantees the accuracy, reliability, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

   12. Links to Third Party Websites

       For your convenience, from time to time the Service or Rewards Store may provide links to various third party websites that may be of interest to you. However, neither Sprout nor Medibank nor Engage control or endorse such websites and is not responsible for their content nor is Sprout, Medibank or Engage responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions of use and privacy policies of any third party website you may link to from the Service or Rewards Store. If you decide to access any third party site linked to the Service or Rewards Store, you do so at your own risk. Sprout Parties reserve the right to terminate any such link at any time. Sprout, Medibank and Engage disclaim all warranties, express and implied, including as to the accuracy, reliability, validity and legality of any materials or information contained on such third party websites.

   13. Language

       The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.