BeingWell App Disclaimer and Terms of Use

This Disclaimer and Terms of Use, together with the Privacy Statement and any other terms as advised to you from time to time, govern your access to and use of the services available on the BeingWell mobile application (the "App") operated by Southern Cross Health Services Ltd, a subsidiary of Southern Cross Medical Care Society, 2 Takutai Square, Britomart, Auckland 1010 (“Southern Cross”).  Your access to the App and use of our services is subject to your acceptance of and compliance with these Terms of Use.  By accessing the App you agree to accept and be bound by the current version of these Terms of Use. If you do not agree to the current version of the Terms of Use you are not authorised to continue accessing the App or using our services.

 

IMPORTANT DISCLAIMER

The content provided in the BeingWell App 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.

TERMS OF USE

  1. To be eligible to register and use the App you must be an employee of an organisation that has purchased the BeingWell proposition from Southern Cross and you must be 16 years or over (“Eligibility Criteria”).

  2. The form and nature of the App may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) at any time, operating the App or any features within the App towards you or towards users generally and may not be able to provide you with prior notice. We will however endeavour to advise you of new features and/or functionality of the App through in-App messaging/notifications and/or push notifications.  We also retain the right to create use and/or storage limits at our sole discretion at any time without prior notice to you. 

  3. The collection, use, handling, storage and disclosure of any of your personal and/or health information that you provide via the App is subject to our Privacy Statement. By using the App you consent to the collection, use, handling, storage and disclosure of your personal and/or health information in accordance with the Privacy Statement.

  4. If you are also insured under a Southern Cross Medical Care Society insurance policy, and provide personal or health information to us in relation to the App, we will 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 of your personal and/or health information in respect of its underwriting and claims functions.  In accordance with your 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.

  5. We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any of your personal and/or health information and to terminate users or reclaim user names. We also reserve the right to access, read, preserve and disclose any of your personal and/or health 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 and/or its business partners, other Southern Cross entities, App users and the public. Accounts that are inactive for more than 90 days may be removed without prior notice.

  6. There are limitations on the use of the App. These limitations aim to protect our users from abuse and to assist to make the use of the App the best possible experience for all users. No abuse of our App will be tolerated. Any violation of these rules may, at Southern Cross’ sole discretion, lead to a temporary or permanent suspension of all related accounts.

    – License: Southern Cross grants you a non-exclusive, non-transferable, revocable license to download and use the App for your personal use in accordance with these Terms. 
    – Unlawful or Unauthorised Use: You undertake to access and use the App and/or any Information provided solely in compliance with these Terms of Use, 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 App.
    – Unauthorised Access: You shall not do any of the following while accessing or using the App: (i) access, tamper with or use non-public areas of the App (except for your own account), Southern Cross’ or associated 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 App 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.
    – Respect for Privacy of Third Parties: You shall not disclose other people's personal or health information without their express authorisation and permission.
    – No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the App content and its design and look or any Information derived from the App. You are not entitled to modify or redistribute the App content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other App or in any other medium or format without our prior written consent. Further, you shall not use the App for commercial exploitation in any circumstances.
    – 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.

     

  7. All copyright, database right, patent, other intellectual property right, title and interest in and to the App and any Information (excluding the data provided by the users of the App) are and will remain the exclusive property of Southern Cross and its licensors. The elements of the App, 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, BeingWell by Southern Cross Health Society, Southern Cross or Medelinked names or any of Southern Cross’ or Medelinked's trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from the App solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the App 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.

  8. 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.

  9. Any Information transmitted via the App 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 App will be secure, uninterrupted or error free.

  10. The App may contain links to third-party Apps or websites or materials supplied by or contained on any third-party App or website which is linked from or to the App. Southern Cross does not accept any responsibility or liability for: (i) the availability or accuracy of such Apps, websites or material or (ii) the content, products or services on or available from such Apps, websites or materials. Links to such Apps 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.

  11. Southern Cross operates the App on an "as is" and "as available" basis and it 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 App (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 App 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 App or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. 

  12. The content of the App 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 App. 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 App (including any errors in or omissions from the content of the App), or of any Southern Cross or third party websites, materials, information, products or services promoted or accessed via the App, 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.

  13. Southern Cross does not provide telecommunications services and does not warrant that you will have continuous access to the App or that it will be supplied fault free.  Southern Cross does not control the amount of data a User uses on their mobile phone plan when using the App, and will not be liable for any charges made for that data use. Southern Cross will not be liable in the event that the App 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 App at any time. 

  14. You agree to access and use App entirely at your own risk. Any transaction you enter into with any advertiser or other third party appearing on the App 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.

  15. No advice or information, whether oral or written, obtained from Southern Cross or the App, shall create any implied warranty.

  16. 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 App 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.

  17. Southern Cross allows you to register to participate in challenges among certain or all users of the App which may be initiated by your employer or Southern Cross ("Company or Inter-company Challenges"). By registering, you acknowledge and agree to any additional terms applicable to that Company or Inter-company Challenges and that such participation may be a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the terms of the Terms of Use or the general rules of fairness. Southern Cross reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Company Challenge or Inter-Company Challenge or from Company Challenges or Inter-company Challenges in general or to suspend or terminate your account in case including without limitation, in circumstances where we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of Southern Cross and/or Medelinked, its users and the public. If you participate in a Company or Inter-company Challenge, you acknowledge and agree that identifiable personal and health information related to that Company or Inter-company Challenge may be shared with your employer and/or your workplace colleagues where you authorise this sharing. You also acknowledge that any rewards or prizes offered in connection with a Company or inter-Company challenge will be the sole responsibility of the Company(s) involved, and that Southern Cross will not be liable in any way in respect of awarding, delivering rewards or prizes, or any loss or harm caused by the reward or prize.  Any decisions of Southern Cross regarding Company or Inter-company Challenges are final.

  18. 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 Data 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 App (including without limitation, (i) your access to or use of or inability to access or use the App or websites or applications linked to from the App, (ii) the use of any Information or any information on the App or on websites or applications linked to from the App being incorrect, incomplete or misleading; (iii) any action or decision by you in relation to the information contained on the App; (iv) any delay, failure, malfunction or interruption in access to or use of the App or websites or applications linked to from the App (v) any unauthorised access, use or alteration of your transmissions of Your Data), (vi) or for any other act or omission of Southern Cross and/or Medelinked (including without limitation, for any breach of any term of the Terms of Use).

  19. 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 Data; – your use of the App including participation in Company and inter-Company challenges; and – any breach of or failure by you to comply with these terms and conditions.

  20. 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.

  21. The Terms of Use are the entire and exclusive agreement between Southern Cross and you regarding the use of the App, and shall supersede and replace any prior agreements between Southern Cross and you regarding the use of the App. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  22. The App 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 App is prohibited. Persons to whom such restrictions apply must not access the App. If you choose to access the App from outside New Zealand you are solely responsible for compliance with any applicable local laws. 

  23. You may terminate your access and use of the App with us at any time. 

  24. Southern Cross may terminate, suspend your access and use of the App 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 your employer ceases to participate in the App; – If we detect or suspect any unusual, irregular, suspicious, fraudulent or unauthorised use or activity or threatened or actual breach by you of these Terms of Use; or – If Southern Cross terminates its involvement in the App.     Where Southern Cross terminates or suspends your access and use of the App, we will notify you by email or through the App of the termination or suspension of the App. 

  25. You acknowledge and agree that, if the App used by you is an iOS Application: – the following terms and conditions are between you and Southern Cross, and not Apple, Inc. (Apple); – Southern Cross, and not Apple, is solely responsible for the App and Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; – subject to the consumer guarantees provided for in consumer protection legislation , Apple will have no warranty obligation whatsoever with respect to the App; – Apple is not responsible for any claims that you have arising out of your use of the App; – Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the App 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.

  26. These Terms and the use of the App shall in all respects be governed by New Zealand law. Any dispute arising out of or in connection with the Terms of Use and/or the use of the App 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 via our App. Revised Terms shall become effective from the date of publication on the App. By continuing to access the App after those revisions become effective, you agree to and accept to be bound by the revised Terms.