1.1 By completing the registration process to join the Medibank Live Better Rewards program through the My Medibank mobile app or website, you acknowledge that you have read and understood these Live Better Rewards program Terms and Conditions ("Terms and Conditions") and agree to be bound by them. If your registration for the Program is confirmed by the Company, an agreement is formed between you and the Company on these Terms and Conditions ("Membership Agreement").
2.1 To be eligible to be a Live Better Rewards program Member, you must:
(a) be an individual aged 16 years or over;
(b) if you are 16 or 17 years old, have the permission of a parent or guardian to become a Member;
(c) have a current residential address in Australia;
(d) have successfully completed the registration process for the Program; and
(e) not be deactivated or terminated.
2.2 To be a Rewards Member, you must meet the following eligibility criteria (in addition to the criteria in clause 2.1):
(a) you must be insured under an Eligible Policy or Policies;
(b) the Eligible Policy or Policies under which you are insured is not Suspended; and
(c) the premium payments for the Eligible Policy or Policies under which you are insured must be up-to-date.
2.3 To be a Non-Rewards Member, you must (in addition to meeting the criteria in clause 2.1) be insured under either:
(a) a Medibank branded ambulance only policy that is not Suspended and for which the premium payments are up-to-date; or
(b) an Eligible Policy or Policies:
(i) that is Suspended; or
(ii) for which the premium payments are not up-to-date.
2.4 The Company may change your membership status in accordance with the eligibility criteria in clause 2. From the date your status is changed, you will have the rights in these Terms and Conditions that apply only to your membership category.
2.5 Each Live Better Rewards program Member can only have one Account.
3.1 The Live Better Rewards Platform includes different mobile apps, web portals and websites. Some Program features may only be available through certain parts of the Platform and may change from time to time.
3.2 Company reserves the right, in its absolute discretion, to delete, alter or move any message or other material posted on the Platform.
3.3 Unless otherwise stated, content on the Platform, including text, design, graphics and software, is copyright of, or licensed to, the Company or a Medibank Group Company.
3.4 The Company and Medibank Group Companies, to the maximum extent permitted by law, are not responsible for the products, services or programs supplied by Program Partners or Medibank Recognised Providers. Members should rely on their own inquiries and seek any assurances or warranties directly from the relevant supplier.
3.5 Members are granted a revocable license to download the materials contained on the Platform for the purpose of participating in Live Better Rewards except as expressly set out to the contrary in these Terms and Conditions, any Third Party Terms, or any terms and conditions of a Program Partner. Members must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Platform in any way, except as expressly provided for on the Platform, or with the written authorisation of the Company.
3.6 The Company does not warrant the availability, accuracy or suitability of any links provided on the Platform or any content located at those links. Links and frames connecting the Platform with other websites are for convenience only and do not mean that the Company or any Medibank Group Company is associated with, endorses or approves it. Any use or reliance on the content of those websites is at the user’s own risk.
3.7 The Company does not represent or warrant that any files displayed or obtained from the Platform, or through linked third party websites, are free from computer viruses or other defects. Any such files are accessed and used at the user’s own risk. The Company’s liability for any such an event is limited to the resupply of those files only.
3.8 Health and Third Party Information and Material on the Platform has been prepared for general information purposes only. It may not be accurate, complete or current and should not be relied upon as advice. The Company is under no obligation to amend any Health and Third Party Information and Material on the Platform at any time.
3.9 To the maximum extent permitted by law, the Company, the Medibank Group Companies and their respective officers, employees and agents are not liable (including liability for negligence) to any person arising out of:
(a) any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any Health and Third Party Information and Material from the Platform or from any other website on the Internet;
(b) any errors or omissions in any Health and Third Party Information and Material on the 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 Company, Medibank Group Companies or their respective officers, employees and agents); or
(c) any delay or interruption in access to or use of the Platform or any other website on the Internet (including delay or interruption arising as a result of the negligence of the Company, Medibank Group Companies or their officers, employees and agents).
4.1 Members may earn the number of Live Better Rewards points specified on the Platform for that Earning Activity, subject to clauses 4.3, 4.4 and 4.5.
4.2 Non-Rewards Members may only earn Live Better Rewards points on Earning Activities that are specified on the Platform as being available to Non-Rewards Members.
4.3 You must provide any information that the Company reasonably requires to assess if you have satisfied the requirements of an Earning Activity.
4.4 Live Better Rewards points will only be credited to an Account for purchases made for personal, private or domestic use. Points are not available for any purchases of a commercial or business nature, including (without limitation) purchases for resale, for use in a business, in bulk quantities, or made on behalf of a business or other organisation, unless otherwise expressly stated on the Platform from time to time. If it is reasonably determined that points have been earned in breach of this clause, those points may be revoked and your Membership may be suspended or terminated.
4.5 The following rules apply to the maximum amount of Live Better Rewards points:
(a) the maximum amount of Live Better Rewards points you can earn in a calendar year is the amount specified on the Platform that applies to you;
(b) Live Better Rewards points earned through the purchase of goods or services from a Program Partner do not count when determining whether the maximum amount has been reached;
(c) the Company may decrease the maximum amount of Live Better Rewards points by providing you with at least 30 days’ notice; and
(d) the Company may impose additional limits on the number of Live Better Rewards points that you can earn for certain Earning Activities, as specified on the Platform from time to time.
4.6 If you have successfully earned Live Better Rewards points, the Company may take up to 60 days (or as otherwise expressly stated on the Platform from time to time) to credit the Live Better Rewards points to your Account.
4.7 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, or have a pre-existing medical condition or health problem.
4.8 If you complete an Earning Activity that requires the use of the Card Linking System and you link your Payment Card, you agree to the Card Linking System Rules specified on the Platform.
5.1 If you are a Rewards Member, you may exchange your Live Better Rewards points, or a combination of Live Better Rewards points and other payment method, for a Reward available through the Platform (Reward) subject to the terms and conditions of the Reward as set out in the Platform from time to time.
5.2 If you are a Non-Rewards Member, you cannot exchange Live Better Rewards points for Rewards.
5.3 If you redeem a Reward, you cannot amend, cancel, exchange or refund the Reward except if permitted under the terms and conditions of the Reward or if you have a right to do so under the consumer guarantees provisions of the Australian Consumer Law or under any other law.
6.1 If you complete an Earning Activity or redeem a Reward that involves the supply of a good or service by an entity that is not a Medibank Group Company, you acknowledge and agree that:
(a) you have entered into a separate agreement with the third party for the goods or services;
(b) the third party is the supplier of the goods or services; and
(c) the Medibank Group Companies are not responsible for the goods or services, including the delivery of the goods or services or any issues with the goods or services.
6.2 The Company may, at any time, reverse, withhold or adjust Live Better Rewards points credited to your Account if:
(a) an Earning Activity is cancelled, changed or reversed;
(b) it has reasonable grounds to suspect that those Live Better Rewards points were earned using fraudulent or dishonest means; and/or
(c) those Live Better Rewards points were incorrectly credited.
6.3 The Company may expire your Live Better Rewards points by providing you with notice where reasonably possible if you have not earned Live Better Rewards points or redeemed a Reward for a period of:
(a) 24 months or more if you are a Rewards Member; or
(b) 6 months or more if you are another type of Member.
6.4 The Company may expire your Live Better Rewards points if you have earned Live Better Rewards points but not registered for the Program within 6 months of earning the points and as specified on the Platform from time to time.
6.5 If you are a Rewards Member, you may transfer Live Better Rewards points from your Account to another Account as specified on the Platform.
6.6 Subject to clause 6.7, the Company will close the Account of a deceased Member and delete any Live Better Rewards points 6 months after receiving notification of their death.
6.7 Executors, administrators or family members of a Rewards Member may contact Medibank using the contact details provided at https://www.medibank.com.au/contact-us/, within 6 months of the deceased Rewards Member’s death, to transfer their points if they satisfy the relevant eligibility requirements and provide all necessary information.
7.1 You must not:
(a) provide your login/security credentials for the Platform to any other person;
(b) engage in illegal or fraudulent activities in relation to the Program;
(c) supply or attempt to supply false or misleading information to any Medibank Group Company, Program Partner or health service provider recognised by Medibank;
(d) sell, assign or transfer, or offer to sell, assign or transfer, any Reward or Live Better Rewards points (other than in accordance with these Terms and Conditions);
(e) reverse engineer, disassemble, or decompile any software forming part of the Platform (unless you are permitted to do so by law, and then only strictly in accordance with the terms under which that right is given by such law);
(f) copy or download, in a systematic manner, any data or content from the Platform, or communicate or otherwise distribute such data or content;
(g) directly or indirectly introduce or permit the introduction into the Platform of any virus or other program or code that is harmful, destructive, disabling or which assists in or enables denial of service or unauthorised access to, or theft, alteration, disclosure, destruction or corruption of, information or data; or
(h) in any other manner corrupt, degrade or disrupt the operation of the Platform.
7.2 You must regularly check your Account for, and must promptly notify the Company of:
(a) any omissions, incorrect entries or other discrepancies associated with your Account; and
(b) any unauthorised transactions that have been processed using your Account.
7.3 The Platform is designed for use by a single user per device. If you have allowed the My Medibank app to access information from apps and devices and multiple users access the My Medibank app (and therefore the Platform) or log into multiple accounts on the same device:
(a) information about you may continue to be accessed by the My Medibank app from those apps and devices, irrespective of who is currently logged into the My Medibank app and the specific consents or permissions (including privacy consents) that individual user has provided;
(b) the Company cannot guarantee any such information will be correctly attributed to the correct account; and
(c) you acknowledge that this may result in incomplete or inaccurate tracking for all users involved.
You acknowledge that you have read the Medibank Privacy Policy which sets out how the Medibank Group Companies will collect and handle your personal information.
8.1 You may terminate the Membership Agreement at any time (and for any reason) by contacting Medibank and providing all information reasonably required by the Company.
8.2 If you cease to hold any Eligible Policies, you will cease to be a Live Better Rewards program Member and you will no longer be bound by the Membership Agreement.
8.3 The Company may terminate the Membership Agreement for any reason by providing you with at least 30 days' notice using direct communication.
8.4 The Company may, at its absolute discretion, suspend or terminate the Membership Agreement with immediate effect and without notice if:
(a) the Company reasonably suspects that you engaged in fraudulent or dishonest behaviour in relation to your participation in the Program;
(b) you have engaged in Unacceptable Behaviour;
(c) you breach the Membership Agreement; or
(d) you are declared bankrupt.
8.5 The Company may notify you via direct communication and give you reasonable time to rectify the issue if you:
(a) do not meet the eligibility requirements to be a Rewards Member or a Non-Rewards Member; or
(b) breach the Membership Agreement.
8.6 The Company may, at its absolute discretion, terminate the Membership Agreement with immediate effect by providing notice to you using direct communication if you fail to rectify the issue as notified in clause 8.5.
8.7 In addition to the termination rights under clauses 8.3, 8.4, and 8.6, the Company may terminate the Membership Agreement if it is terminating the Program for any reason by providing you with at least 30 days' notice using direct communication. The Company gives no warranty as to the continuing availability of the Program.
8.8 If the Membership Agreement is terminated for any reason, the Company may:
(a) deactivate your Account (you will not be able to earn or redeem any Live Better Rewards points); and
(b) delete any Live Better Rewards points earned by you.
8.9 You may register a new Account with the same credentials as the previous Account within 30 days of a termination (except where you have been terminated under clauses 8.4 or 8.6) and link any Live Better Rewards points of the previous Account with the new Account (by contacting Medibank to request the linking, and complying with the reasonable directions of the Company for this linking process).
9.1 To the maximum extent permitted by law, the Company is not (and no other Medibank Group Company will be) liable for:
(a) failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God; and
(b) 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, and regardless of whether the Company or any other person was previously notified of the possibility of that loss or damage.
9.2 The aggregate liability of the Company and any other Medibank Group Company for loss or damage suffered or incurred by you or anyone in connection with the Program (including arising from negligence) is limited to $10 million.
10.1 The Company may change the Program or these Terms and Conditions from time to time. You should regularly check the Platform and these Terms and Conditions for updates. If you continue to use the Platform after a change is made, you will be taken to have accepted the change and updated Terms and Conditions.
10.2 If a change to the Program or these Terms and Conditions may have a material and detrimental impact to you, the Company may give you reasonable notice of the change by direct communication.
10.3 The Company and Medibank Group Companies may do anything reasonably required, including changing these Terms and Conditions without complying with clause 10, to ensure that a Medibank Group Company and all aspects of the Program (including the earning and redemption of Live Better Rewards points) are compliant with all applicable laws.
11.1 Nothing in these Terms and Conditions limits your rights or remedies under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.
11.2 The Company has the right to undertake audits, verification checks and investigations in relation to your Account and activities in connection with the Program in order to monitor the operation of the Program and ensure compliance with these Terms and Conditions.
11.3 You acknowledge that the Company may pay commission to, or receive commission from, third parties in connection with the Program.
11.4 If any term of the Membership Agreement is unenforceable, illegal or void, then it is severed and the remainder of the Membership Agreement remains in force.
11.5 To the extent that a provision of these Terms and Conditions is expressed to be for the benefit of one or more Medibank Group Companies, the Company holds the benefit of that provision in its own capacity and as trustee for those companies, and the Company is entitled to enforce that provision for the benefit of itself and those companies.
11.6 Clauses 8.8(b), 8.9, 9, and this clause 11 survive termination of the Membership Agreement.
11.7 The laws of the State of Victoria, Australia govern the Membership Agreement. You agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.
Account means an account created through the Platform to participate in the Program.
Card Linking System means the process through which Live Better Rewards points are earned by Members if they make purchases of goods or services using technology that links their Payment Card to their Account.
Card Linking System Rules means the terms and conditions that govern the Card Linking System as published on the Platform from time to time.
Company means Live Better Management Pty Ltd ACN 003 457 289.
Earning Activity means any activity that entitles a Member to earn Live Better Rewards points if they satisfy the eligibility requirements of that activity, as described on the Platform from time to time.
Eligible Policy means a hospital and/or extras health insurance policy issued by Medibank under the Medibank brand including overseas visitors health cover, but excluding overseas student health cover, “ahm” branded insurance products, ambulance only cover and Medibank branded pet, travel and life insurance products, as amended from time to time by the Company in accordance with these Terms and Conditions.
Health and Third Party Information and Material means information and material relating to:
(a) health and wellbeing;
(b) goods or services provided by a Program Partner; and
(c) goods or services provided by any health service provider (including a Members’ Choice Advantage Provider or Medibank Recognised Provider).
Health and Wellbeing Activity means the activities specified on the Live Better Rewards Platform from time to time, and may include exercise, health checks, better eating habits and other “feel better” activities.
Linked Payment Card means a Payment Card that has been linked to an Account in the manner specified in the Card Linking System Rules.
Live Better Rewards points means points awarded to Members through the Program.
Medibank means Medibank Private Limited ABN 47 080 890 259.
Medibank Group Company means Medibank or a related body corporate of Medibank (as that term is defined in the Corporations Act 2001 (Cth)).
Medibank Recognised Provider means a health service provider recognised as a health service provider by Medibank from time to time.
Member means:
Members’ Choice Advantage Provider means a health service provider classified as a “Members’ Choice Advantage Provider” by Medibank from time to time.
Membership Agreement has the meaning given to it at the start of these Terms and Conditions.
My Medibank means the online service (including through mobile apps and websites) made available by Medibank, its wholly owned subsidiaries Medi Financial Services Pty Ltd ACN 138 752 815, Medibank Health Solutions Telehealth Pty Ltd ACN 069 396 792 and other Medibank Group Companies that assists holders of Medibank branded insurance policies to manage and administer their insurance.
Non-Rewards Member means an individual who is recognised by the Company as having the membership status of a 'Non-Rewards Member' under the Program from time to time and whose Membership Agreement has not been terminated under clause 8.
Payment Card means a type of payment card that is accepted under the Card Linking System Rules that is valid and active, has not expired or been suspended or cancelled by the issuer, and that is not otherwise invalid under the issuer’s terms and conditions.
Platform means any mobile app, web portal or website through which the Company provides or arranges access to the Program including My Medibank.
Program means the health and wellbeing and rewards program named 'Live Better Rewards' operated by the Company.
Program Partner means a supplier of goods or services (other than a Medibank Group Company) that has entered into an arrangement with the Company to supply goods or services to Members in connection with the Program and is listed on the Platform from time to time.
Reward has the meaning given to it in clause 5.1.
Rewards Member means an individual who is registered by the Company as a 'Rewards Member' under the Program from time to time and whose Membership Agreement has not been terminated under clause 8.
Suspended has the meaning given to it in the ‘Medibank Fund Rules’ and ‘Medibank Member Guide’ from time to time, and for the purpose of the Program includes where an Eligible Policy is suspended, as well as an active Eligible Policy where one or more persons insured are suspended.
Terms and Conditions means these Live Better rewards program Terms and Conditions.
Unacceptable Behaviour means a behaviour which
You means the individual named as part of the registration process to join the Program.
Personal Information collected, handled, used, managed or stored by Medibank LiveBetter is handed in accordance with the Medibank Privacy Policy.
The Medibank Privacy Policy explains why we collect your personal information and what we do with it, along with your rights to access and correct your personal information, and make a privacy complaint.
We are bound by laws governing how we collect and use your personal information. The most up-to-date version of our privacy policy can always be found on our website www.medibank.com.au/privacy
1.1. Governing Agreement The terms of this document ("Terms of Use") govern the relationship between
1) you;
2) TELUS Health Inc. of 25 York St, Toronto, Ontario, Canada ("TELUS Health");
3) Engage People Inc. of suite 300,1380 Rodick Rd, Markham ON L3R 4G5, Canada (“Engage”); and
4) Medibank Private Limited of Medibank Place, Level 2, 695 Collins St, Melbourne VIC 3000, Australia (“Medibank”); regarding your use of TELUS Health's online services, websites and applications (collectively, the "Service"), and Engage’s shopping mall and rewards store (together, the “Rewards Store”).
1.2. 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 TELUS Health, 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/privacy
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.
1.3. Updates to Terms of Use and Privacy Policy
TELUS Health, 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 TELUS Health'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. TELUS Health may also revise other policies, codes or rules at any time, and the new versions will be available on TELUS Health'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 TELUS Health terms, policy, rules or codes of conduct, the terms contained in these Terms of Use and in Medibank’s Privacy Policy shall govern.
1.4. Grant of Limited License to Use the Service
In consideration of payment to TELUS Health 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 TELUS Health policies which are notified to you from time to time, TELUS Health 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.
TELUS Health 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 TELUS Health and your company or other third party pursuant to which TELUS Health 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.
1.5. Service Access
Before accessing or using the Service, including browsing any TELUS Health website and/or downloading and using any TELUS Health 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 TELUS Health. 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 TELUS Health promptly if it becomes aware of any such unauthorized access or use.
1.6. Service Use and Restrictions You acknowledge that you are under no obligation to use the TELUS Health Service, and that any use by you of the TELUS Health Service is a voluntary use by you at your discretion. TELUS Health 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 TELUS Health or a third party working with TELUS Health 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. TELUS Health, 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:
a. 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 TELUS Health's Terms of Use on your behalf;
b. 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;
c. 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;
d. You must not have an Account or use the Service if you have previously been removed by TELUS Health, or have been banned by TELUS Health from participating in the Service or any portion thereof;
e. You shall use your Account and the Service only for non-commercial purposes in accordance with these Terms of Use and all applicable laws;
f. 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;
g. You must not use your Account or the Service to engage in any illegal conduct including the unauthorized distribution of copyrighted material;
h. You must not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without TELUS Health’s written permission;
i. 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 TELUS Health’s permission;
j. 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
k. You must not (i) violate or attempt to violate the security of the Service; (ii) 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 TELUS Health’s ability to monitor or make available the Service; or (iii) 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.
1.7. 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.
1.8. 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:
a. 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;
b. 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 TELUS Health and, at the same time, modify your Login Information;
c. 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;
d. 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 TELUS Health, which consent in the case of TELUS Health may or may not be granted, at the sole discretion of TELUS Health;
e. 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.
TELUS Health 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 TELUS Health, in its sole discretion, deems a username to be offensive or inappropriate.
2.1. 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 TELUS Health or licensed to TELUS Health, 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 TELUS Health 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 TELUS Health or any third-party trademarks or service marks appearing on the Service. Except as explicitly stated herein, TELUS Health reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
2.2. Service Accounts
TELUS HEALTH RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
2.3. 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 TELUS Health; (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 TELUS Health in accordance with Medibank’s Privacy Policy.
By transmitting or submitting any User Content to the Service, you grant TELUS Health, 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.
2.4 Service Feedback
Any feedback, ideas, recommendations or suggestions provided by users to TELUS Health or Medibank regarding the Service or improvements or enhancements thereto, including new features or functionality, are deemed to be non-confidential and TELUS Health 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 TELUS Health’s sole discretion, without compensation or acknowledgement to you.
2.5 Service Monitoring; Suspension and Termination
TELUS Health reserves the right, but is not obligated, to (without notice or liability to you):
a. 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 TELUS Health in its sole discretion;
b. 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);
c. Take any action it deems necessary to protect the rights, property or safety of users or others and/or the rights and property of TELUS Health; and/or
d. 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 TELUS Health pursuant hereto.
2.6 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 TELUS Health 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.
2.7 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 TELUS Health 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 TELUS Health or such other party that owns the respective Trademarks.
2.8 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 TELUS Health 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 TELUS Health 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 TELUS Health. Neither Medibank, Engage nor TELUS Health 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 TELUS Health 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 TELUS Health 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.
You understand that the Service is an evolving one. TELUS Health may require that you accept updates to the Service. You acknowledge and agree that TELUS Health 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.
4.1. 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, TELUS HEALTH, 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 TELUS HEALTH 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, “TELUS HEALTH 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.
4.2. 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 TELUS HEALTH 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 TELUS HEALTH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TELUS HEALTH 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 TELUS HEALTH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN THE AMOUNT YOU, OR A THIRD PARTY ON YOUR BEHALF, HAS PAID TELUS HEALTH 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 TELUS HEALTH 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 TELUS HEALTH OR A TELUS HEALTH 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.
4.3 Indemnity
You agree to indemnify and hold harmless the TELUS Health 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.
5.1. Severability
You and TELUS Health 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.
5.2. 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 TELUS Health 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.
5.3. Assignment
TELUS Health 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 TELUS Health Parties’ successors and assigns.
5.4. Supplemental Policies
TELUS Health, 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.
5.5. 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 TELUS Health 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 TELUS Health Parties. Any headings or titles herein are for convenience only.
5.6. No Waiver
The failure of TELUS Health 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 TELUS Health'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 TELUS Health, 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 TELUS Health, 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.
5.7. Notices
TELUS Health, 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 Telus Health 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.
5.8. 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 TELUS Health and/or Medibank and which cannot be replaced by monetary damages alone so that TELUS Health, 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).
5.9. Force Majeure
TELUS Health 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 TELUS Health 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.
5.10. Distribution of Third Party Content
The TELUS Health 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 TELUS Health nor any TELUS Health Party. Neither TELUS Health nor any TELUS Health 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.
5.11 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 TELUS Health nor Medibank nor Engage control or endorse such websites and is not responsible for their content nor is TELUS Health, 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. TELUS Health Parties reserve the right to terminate any such link at any time. TELUS Health, 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.
5.12 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.