BeingWell Portal Terms of Use

These terms of use (as amended from time to time, the "Terms") together with our Privacy Statement and any other terms advised to you in writing from time to time (together the “Contracting Documents”), govern your access to and use of the BeingWell App Portal (the "Website") provided by Southern Cross Health Services Ltd (“Southern Cross”), a subsidiary of Southern Cross Medical Care Society, 2 Takutai Square, Britomart, Auckland 1010 Your access to and use of the Website is subject to your acceptance of and compliance with the current version of the Contracting Documents.  By accessing or using the Website you agree to accept and be bound by the current version of the Contracting Documents. If you do not agree to the current version of the Contracting Documents, you are not authorised to continue accessing or using the Website.

 

  1. To be eligible to access or use our Website you must be 16 years or over, and be a BeingWell Champion employed by an organisation holding a current BeingWell subscription.

  2. 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.

  3. The collection, use, handling, storage and disclosure of any personal information which you provide during your use of the Website are subject to our Privacy Policy. By using the Website you consent to the collection, use, handling, storage and disclosure of your personal information in accordance with the Privacy Policy.

  4. To the maximum extent permitted by law, we reserve the right at all times (but we will not have an obligation) to terminate users. We also reserve the right to access, read, preserve and disclose any 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, other Website users and the public.

  5. 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 beingwell@southerncross.co.nz 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.

  6. 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.  – 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 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.

  7. All copyright, database right, patent, other intellectual property right, title and interest in and to the Website is 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.

  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 in the content of the Website or for any loss or damages which may subsequently arise.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. You agree to access and use Website entirely at your own risk.

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

  15. 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. 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.

  16. 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.

  17. 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).

  18. 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, including the use of any personal information contained in it; and – any breach of or failure by you to comply with these terms and conditions.

  19. 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.

  20. Other than any relevant provisions in the Being Well Proposition Subscription Agreement, 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.

  21. 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.

  22. 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.

  23. 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.

  24. We may revise these Terms from time to time. The most current version will be available on our Website www.southerncross.co.nz/beingwellportaltermsofuse . 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.