MBF Health Insurance - Terms and conditions

Terms and Conditions

Disclaimer, legal notices and acceptable use policy

Access to and use of this site is provided by MBF Australia Pty Limited (ACN 000 057 590) ("MBF", "we", "us" and "our") on the following conditions and any other directions or rules of use on this site ("Terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you are taken to have accepted all changes. Children who access the online in2life wellbeing centre are encouraged to obtain their parents permission before sharing personal information online.

If you access the on-line in2life Wellbeing Centre on the myMBF website you agree to the Privacy Statement that applies to that part of the website as well as any additional terms and conditions on that site.

1. Disclaimers, liability limitation and indemnity
2. Copyright and intellectual property notices
3. User conduct
4. Applicable law
5. Conditions of use for myMBF

Please note that effective 16 June 2008 MBF Australia Limited changed its name to MBF Australia Pty Limited. Its Australian Company Number ('ACN'), Australian Business Number ('ABN), address and all other details remain the same.

Accordingly in any document that you download from these terms and conditions including any product brochure and on the application form attached to any brochure where MBF Australia Limited appears you should take it to read MBF Australia Pty Limited.

For further details contact MBF on 132 623.

1. Disclaimers, liability limitation and indemnity

1.1 General disclaimers

Use of this site is at your risk. None of MBF, its affiliates or any of their respective employees, agents, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) Your reliance on the completeness, accuracy, suitability or currency of the site or its content. For example, all results from the calculators are simulations, which are indicative approximations only and are neither a quote nor a pre-qualification for cover. They are not binding on us.

(b) Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

(c) Accessing any sites or servers maintained by other organisations (including MBF's related companies) through links on this site. Links are provided for the convenience of our site users only, without responsibility for the content or operation of those sites. Unless otherwise stated, we do not endorse linked sites and their products and services. You link to any such site at your own risk.

(d) Defamatory, threatening, offensive or unlawful conduct of third parties.

(e) A breach by us of our Information Handling Policy.

1.2 Policy Terms

All MBF policies are subject to the terms of the Fund Rules. To find out more, please see our product brochures and the MBF Policy Terms & Conditions [PDF, 106k]. If you are an overseas visitor, you should read our MBF Policy Terms & Conditions for Overseas Visitors [PDF, 162k]. If you are a corporate overseas visitor, you should read our MBF Policy Terms & Conditions for Corporate Overseas Visitors [PDF, 164k].

1.3 No advice given

If you require specific advice for your individual circumstances, consult an MBF Centre or call MBF on 131 137 (MBF Members), 132 623 (Non-Members/Sales Enquiries) or +61 2 9323 9500 (calling from overseas). Do not rely on the general material on this site.

MBF provides this website in order to allow its users to view information including general information about health and private health insurance.

The resources provided on this website, including but not limited to MBF Health Assistant, are not a substitute for the advice of your personal physician or other qualified health care professional. The mention of specific products or servicesÂ on this website does not constitute or imply a recommendation or endorsement by MBF unless it is specifically stated.

1.4 Warranty Disclaimer

MBF provides the information on this website. This site and its content and site-related services are provided "as is", with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. No oral or written information or advice given by MBF, the agent, or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.

MBF is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by MBF or the negligence of MBF or its representatives.

1.5 Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

(a) In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and

(b) In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

1.6 Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us ("Our Loss") as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

1.7 Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

1.8 Domicile of Website

The services provided by MBF are hosted via an Australian domiciled website and all private and confidential data is retained in Australia.

1.9 Links

This website may provide links to other websites that are not owned or controlled by MBF. We are not responsible for the privacy practices of other websites. Consult the privacy statement of each website you visit. Links to other websites do not constitute or imply endorsement by MBF of those sites, the information they contain, or any products or services they describe.

1.10 Information on this website

The materials on this website are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. MBF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

MBF makes no claim or representation as to the accuracy of the content contained on this website. MBF does not accept liability to any person for the information or advice provided on this website including through the MBF Health Assistant website or incorporated into it by reference. MBF does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.

All information on this website is provided by MBF on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk

1.11 Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

1.12 Revisions, changes, and updates

We may revise our policies and the information on this website or change or update the website without notice. MBF may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. Any revised policy will apply both to information we already have about you at the time of the change, and any personal information created or received after the change takes effect. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.

1.13 Visitor/member message boards and other interactive areas

MBF may, but is not obligated to, monitor or review any areas of this site where visitors transmit or post communications or communicate solely with each other, including, but not limited to, message boards and other user forums, and the content of any such communications. MBF, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. MBF retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

1.14 Click-stream Data and Cookies

A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.

MBF generally uses cookies to make a record of your visit and will log the following information:

Your server address;
Your top level domain name;
The date and time of access to the site;
Pages accessed and documents downloaded;
The previous site visited;
The type of browser software in use.

MBF uses this information for various purposes including:

statistical purposes;
to enable you to access online services;
to determine whether you have previously used parts of the Website or to identify the pages you have accessed,

but in each case, information collected cannot be used to personally identify you.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this Website.

1.15 Online in2life Wellbeing Centre

If you access the online in2life Wellbeing Centre in myMBF you agree to the privacy statement that applies to that part of the website as well as any other additional terms and conditions on that site.

Please read the My health privacy statement. If you are the Primary Member under a corporate membership, please read the in2life corporate privacy statement.

The resources provided as part of the in2life Health and Lifestyle Tool are not a substitute for the advice of your personal physician or other qualified health care professional. The mention of specific products or services does not constitute or imply a recommendation or endorsement by MBF unless it is specifically stated. MBF does not recommend or endorse any specific tests, doctor, specialist or other health care professional, products, procedures, opinions or other information that may be mentioned on this website. Reliance on any information provided by MBF on this website is solely at your own risk.

If you think you have a medical or psychiatric emergency, call 000 or go to the nearest hospital. Do not attempt to access emergency care through this website. If you are not sure what sort of care you need, please call your doctor or local hospital.

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2. Copyright and intellectual property notices

2.1 Copyright and trademark notices

No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Our product names and images on this site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trade marks, except as expressly authorised, is prohibited.

The use by us of a third party trademark on this site is not intended to indicate any association with, or endorsement by MBF, of that trademark.

2.2 We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.

2.3 We can use your feedback

When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

2.4 If you think your copyright has been infringed

We take issues of copyright and intellectual property very seriously. If you believe that any part of this site in any way infringes your copyright or other intellectual property rights, please contact us at internet.projects@mbf.com.au.

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3. User conduct

3.1 Lawful and authorised use only

You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms).

If any part of this site requires you to provide a username and password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not provide them to anyone other than us.

We strongly recommend that you:

(a) Change your password on initial access;

(b) Keep your password secure and protected;

(d) Keep your record of your password separate to your member card;

(e) Do not tell any unauthorised person your password;

(f) Do not allow any unauthorised person to watch you login to the site or hear your password; and

(g) Change your password regularly.

You are authorised to:

(a) Download and view content; and

(b) Use the software included in this site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

3.2 Personal Use

MBF authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part of this site may be reproduced without the written permission of MBF.

If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MBF. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

3.3 Commercial Use

Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without MBF's prior written consent.

Hyperlinking and in particular but without limitation deep linking is expressly prohibited without MBF's prior written consent, such consent is at the sole discretion of MBF.

3.4 General prohibitions

You must not use this site, or any tools offered through this site, in a manner which; or up-load, post, transmit or otherwise make available through this site any material which:

(a) Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);

(b) Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

(c) Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

(d) Restricts or inhibits any other user from using or enjoying this site;

(e) Affects the functionality or operation of this site or its servers or the functionality or operation of any usersâ€™ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or

(f) Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

3.5 Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

3.6 Disclaimer about others' materials

You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

3.7 Termination

By using this website you agree to these terms and conditions of use.

This agreement is effective from your first use of this website until terminated by you or MBF. You may only terminate this agreement by unsubscribing to all services provided by MBF on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.

This agreement will terminate immediately, with notice from MBF if, in MBF's sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe to all services provided by MBF on this website.

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4. Applicable law

4.1 New South Wales law applies

This site (excluding any linked, third party sites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

4.2 Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

4.3 Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

4.4 Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet Industry Codes of Practice).

4.5 No offers where illegality arises

Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

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5. Conditions of use for myMBF

5.1 General

This page contains the Conditions of Use which apply to your access to and use of our myMBF and Member Self Service including the membership transactions you make using this service. Please read carefully through the Conditions of Use now. Your use of the service signifies your acceptance of these Conditions of Use.

Your Membership information available through myMBF's Member Self Service may not always be up to date -- for example Remaining Limits shown (where available) do not take into account any unprocessed claims. Changes you make to your membership online will update your membership immediately and will overwrite previous transactions e.g. you will be bound by changes to your bank account details.

If you think we have made a mistake please let us know. Normal terms and conditions of your membership apply. All benefits are payable in accordance with the MBF By-laws. If this site gives you information inconsistent with your membership contract (the MBF By-laws) then the MBF By-Laws will prevail.

We may cancel the use of MBF's Member Self Service at any time without notice if we believe that loss might be caused to you or us.

5.2 Who can use Member Self Service?

Access is designed for the Primary Member to use Member Self Service. Other MBF Health members may access myMBF however unless the Primary Member has authorised otherwise only the Primary Member has access to membership information. The Primary Member is the person who has legal responsibility for the membership and as such he/she has the right to view, change, add or delete items relating to the entire membership, including claims and information pertaining to all members covered by their policy.

The Primary Member may give the password to anyone. However, MBF accepts no responsibility for transactions conducted on Member Self Service whenever access to myMBF has been by a person who is not the Primary Member and has been provided with the Primary Member’s Membership Number or Username and Password.

If you have suspended, lapsed or cancelled your membership you will be unable to use myMBF and Member Self Service.

5.3 Security

The application, registration and self service screens of the site are protected by 128 bit SSL encryption to help ensure the integrity and confidentiality of information passed between your browser and our server.

However, you must assist in maintaining the security of your information by protecting your password and having adequate anti-virus software and firewalls installed on your computer.