- To be eligible to access or use our Website you must be 16 years or over.
- The Information (the “Information”) contained on this Website is may be updated or deleted from time to time by us and is general information only and, for example, does not take into account your health or personal circumstances; and is not a health service, or provided by or intended to substitute the expertise and judgment of a health practitioner. We always recommend you seek the care of an appropriate health practitioner for any advice, investigations, diagnosis and treatment of any health and medical related issues and concerns you may have.
- The form and nature of the Website may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) at any time, operating the Website or any features within the Website for you or for users generally and may not be able to provide you with prior notice. We also retain the right to create use and/or storage limits at our sole discretion at any time without prior notice to you.
- The collection, use, handling, storage and disclosure of the personal information which you provide during your use of the Website are subject to our Privacy statement. By using the Website you consent to the collection, use, handling, storage and disclosure of your personal information in accordance with the Privacy statement.
- If you also own or are insured under a Southern Cross Medical Care Society insurance policy, and provide personal and health information to us in relation to the Website, we will take steps to ensure this information is kept separate from our underwriting and claims departments (who are responsible for any future underwriting or claims decisions). You acknowledge and agree that Southern Cross Medical Care Society will not be deemed to have knowledge of any personal or health information in respect of its underwriting and claims functions. In accordance with your statutory duty of disclosure, you are still required to disclose this information (to the extent it may be relevant) including without limitation, in relation to any future application for insurance cover, changes to existing insurance cover or claims under a Southern Cross Medical Care Society insurance policy.
- To the maximum extent permitted by law, we reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information or personal information and to terminate users. We also reserve the right to access, read, preserve and disclose any Information or personal information to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of Southern Cross, its members/customers, other Website users and the public. Accounts that are inactive for more than six months may be removed without prior notice.
- You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password. For data security purposes, you are required to use "strong" passwords (i.e., passwords combining upper and lower case letters, numbers and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. If you change your email address or forget your password, please notify us at firstname.lastname@example.org in order to recover your account. You should also notify us immediately if you become aware of any unauthorised access to, or use of your password.
- There are limitations on the use of the Website. Any violation of these rules may, at Southern Cross’ sole discretion, lead to a temporary or permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended.
– License: Southern Cross grants you a non-exclusive, non-transferable, revocable license to access and use the Website for your personal use in accordance with these Terms.
– Unlawful or Unauthorised Use: You undertake to access and use the Website and/or any Information provided solely in compliance with the Contracting Documents, applicable laws and regulations and not for any unlawful purposes or in furtherance of any illegal activities. Users are required to comply with all applicable laws and regulations regarding their access and use of the Website (including without limitation, online conduct and acceptable content).
– Unauthorised Access: You shall not do any of the following while accessing or using the Website: (i) access, tamper with or use non-public areas of the Website (except for your own account), Southern Cross’ computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Website or any Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network..
– No Malware: You shall not use or provide any malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
- All copyright, database right, patent, other intellectual property right, title and interest in and to the Website and any Information (including any information submitted by users of the Website using the ‘Your ideas’/feedback/enquiry form, or any other form on the Website, but excluding any other personal information provided by the users of the Website) are and will remain the exclusive property of Southern Cross, its licensors and/or its partners (as the case may be). The elements of the Website, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent and other laws relating to intellectual property rights. Nothing in these Terms gives you a right to use the BeingWell or Southern Cross names or any of Southern Cross’ trademarks, logos, domain names and other distinctive brand features. You are permitted to download, print and/or use any Information from the Website solely for your own personal use and/or internal business purposes relating to workplace wellbeing. Any such Information you download, print and/or use must include an acknowledgment of the source; be used without alteration; and may not be charged for. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, Southern Cross will have the right to claim damages against you which shall include the right to claim special, incidental, consequential or indirect damages and loss of profits.
- Neither Southern Cross, nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.
- Any Information transmitted via the Website will pass over public telecommunications networks. Southern Cross does not give any warranty or undertaking and does not make any representation that the operation of the Website will be secure, uninterrupted or error free.
- The Website may contain links to third-party apps/websites or materials supplied by or contained on any third-party app/website which is linked from or to the Website. Southern Cross does not accept any responsibility or liability for: (i) the availability or accuracy of such apps/websites or materials or (ii) the content, products or services on or available from such apps/websites or materials. Links to such apps/websites or materials do not imply any endorsement by Southern Cross of such apps/websites or materials or the content, products or services available from such apps/websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such apps/websites or materials.
- Southern Cross operates the Website on an "as is" and "as available" basis and may from time to time contain errors, faults and inaccuracies. Subject to any applicable consumer guarantees provided for in New Zealand consumer protection legislation, we make no representation and provide no express or implied warranty or guarantee about the Website (including without limitation, as to its security, safety (such as safety from any virus, defects, trojans or other harmful or malicious programs) including those which could damage or interfere with any data, software or hardware with which it might be used) or that the access to the Website will be uninterrupted. Southern Cross will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the Website or for the deletion of, or the failure to store or to transmit, any personal information or Information and other communications.
- The content of the Website is general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation, we do not give any express or implied warranties or guarantees and make no representations in relation to the Website. In particular, while reasonable care is taken in its preparation, Southern Cross does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the Website (including any errors in or omissions from the content of the Website), or of any Southern Cross or third party websites, materials, information, products or services promoted or accessed via the Website, or their usefulness in achieving any purpose. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided.
- Southern Cross does not provide telecommunications services and does not warrant that you will have continuous access to the Website or that it will be supplied fault free. Southern Cross will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. Southern Cross reserves the right to suspend or terminate the availability of the Website at any time.
- You agree to access and use Website entirely at your own risk. Any transaction you enter into with any advertiser or other third party appearing on the Website is solely between you and the advertiser or other third party. Southern Cross is not responsible or liable for any part of any such transaction.
- No advice or information, whether oral or written, obtained from Southern Cross or the Website, shall create any implied warranty.
- Southern Cross and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of the Website and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against Southern Cross and/or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold Southern Cross and/or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information.
- The Website may contain offers and promotions provided by third parties (“Promotions”). By participating in such Promotions, you acknowledge and agree to any additional terms applicable to that Promotion and that such participation may be a potentially hazardous activity and that you are participating at your sole risk and responsibility.
- Subject to any applicable consumer guarantees provided for in New Zealand consumer protection legislation, Southern Cross and its directors, officers, employees, agents, partners, affiliates and licensors exclude any and all liability under contract, tort, statute or in any other manner, for any illness, injury (including without limitation, death, personal, bodily or mental injury), damage or losses of any kind including without limitation, any liability for direct, indirect, incidental, special, consequential or punitive damages (including without limitation loss of profits or income, data, use, business interruption, loss or corruption of personal information or Information, good-will or other intangible losses), sustained by you or any other person, or for any costs, charges or expenses arising from, or in connection with, the Website including without limitation, (i) your access to or use of or inability to access or use the Website or websites or applications linked to from the Website, (ii) the use of any Information or any information on the Website or on websites or applications linked to from the Website being incorrect, incomplete or misleading; (iii) any action or decision by you in relation to the information contained on the Website; (iv) any delay, failure, malfunction or interruption in access to or use of the Website or websites or applications linked to from the Website (v) any unauthorised access, use or alteration of your transmissions of personal information, (vi) or for any other act or omission of Southern Cross (including without limitation, for any breach of any term of the Contracting Documents).
- You agree to fully indemnify Southern Cross and its directors, officers, employees, agents, partners, affiliates and licensors in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with:
– any loss, damage or liability resulting from any breach of security, including without limitation the use or misuse (whether fraudulent or otherwise) of your password or personal information;
– any person using your password to gain access to the Website;
– your use of the Website; and
– any breach of or failure by you to comply with these terms and conditions.
- The failure of Southern Cross to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.
- The Contracting Documents are the entire and exclusive agreement between Southern Cross and you regarding the use of the Website, and shall supersede and replace any prior agreements between Southern Cross and you regarding the use of the Website. In the event that any provision of these Contracting Documents is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- The Website is not directed to any person to whom (by reason of such person's nationality, residence, applicable laws, regulations or otherwise) the publication or availability of the Website is prohibited. Persons to whom such restrictions apply must not access the Website. If you choose to access the Website from outside New Zealand you are solely responsible for compliance with any applicable local laws.
- Your access to the Website will be terminated when your (and/or the organisation you work for) BeingWell subscription and/or contract terminates. We will retain and use information about your use of the Website prior to termination for reporting purposes, in accordance with our Privacy statement.
- Southern Cross may terminate, suspend your access and use of the Website at any time (in whole or in part) or make changes to your account for reasons which may include, amongst other things:
– If you cease to satisfy the Eligibility Criteria;
– If we detect or suspect any unusual, irregular, suspicious, fraudulent or unauthorised use or activity or threatened or actual breach by you of any of the Contracting Documents; or
– If Southern Cross terminates its involvement in the Website.
Where Southern Cross terminates or suspends your access and use of the Website, we will notify you in writing, either by email or by posting details of the termination or suspension on the Website.
- You acknowledge and agree that, if the Website used by you is an iPhone application:
– these terms and conditions are between you and Southern Cross, and not Apple, Inc. (Apple);
– Southern Cross, and not Apple, is solely responsible for the Website and Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Website;
– subject to the consumer guarantees provided for in consumer protection legislation , Apple will have no warranty obligation whatsoever with respect to the Website;
– Apple is not responsible for any claims that you have arising out of your use of the Website;
– Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Website infringes that third party’s intellectual property rights;
– you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and
– Apple and its subsidiaries are third party beneficiaries of these terms and conditions and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary.
- These Terms and the use of the Website shall in all respects be governed by New Zealand law. Any dispute arising out of or in connection with the Contracting Documents and/or the use of the Website shall be subject to the exclusive jurisdiction of the courts of New Zealand, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- We may revise these Terms from time to time. The most current version will be available on our Website southerncross.co.nz/beingwell/terms-of-use. Revised Terms shall become effective from the date of publication on the Website. By continuing to access the Website after those revisions become effective, you agree to and accept to be bound by the revised Terms.
Version: June 2018