1. Acceptance of Terms and Conditions
1.1 These terms & conditions (“Terms”) govern your access to and use of:
(a) this website (and any other website maintained by Nurses & Midwives Health) (“Website”) and;
(b) the online member services (“OMS”) and mobile member services (“MMS”);
(c) the Eyecare online store; and
(d) any social media platforms; and
(e) Nurses & Midwives Health Services applications
maintained by Nurses & Midwives Health (collectively referred to as the “online services” that may be provided to you. Please read them carefully before you use the Website or register for the online services and each time you use the Website or log in to the online services. Nurses & Midwives Health agrees to your use of the Website and provides its online services to you, subject to these Terms. Your use of the Website and/or your registration for and/or use of online services signifies that you agree to be bound by, and abide by, these Terms, and has the same force and effect as if you had actually signed these Terms.
1.4 By registering for our online services, you consent to Nurses & Midwives Health sending you marketing, promotional and other commercial e-mails to the address you provide on registration unless you opt out. You can opt out of receiving these emails at any time by contacting us at email@example.com.
2. Nurses & Midwives Health online services
2.1 Nurses & Midwives Health will provide its policy holders, who register via the Website, with online access to their policy information.
2.2 Nurses & Midwives Health has the sole right and discretion to determine a policy holder’s eligibility for access to online services, the extent of that access and the level of online services that will or will not be made available. It may also, at its sole discretion and without notice, terminate a policy holder’s password or PIN number, deactivate their online account for any reason and/or discontinue providing any or all of the online services. You agree that Nurses & Midwives Health will not be liable to you or any third party for any termination or restriction of your access to the online services.
2.3 Nurses & Midwives Health reserves the right at any time to time to modify or discontinue, temporarily or permanently, all or any part of the online services with or without notice. You agree that Nurses & Midwives Health will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any of the online services.
3. Your obligations
3.1 You agree that in using the Website and/or the online services:
(a) you are responsible for all content that you upload or otherwise provide to Nurses & Midwives Health via the Website and/or the online services and you will provide true, accurate, current and complete information about yourself as prompted by the registration process. In particular to register, you must provide your real name, birth date and email address;
(b) if you provide any information that is untrue, inaccurate, not current or incomplete, or Nurses & Midwives Health has reasonable grounds to suspect you have, it has the right to suspend or terminate your registration and refuse any or all current or future use of our online services;
(c) you will not use the online services to access information or perform services related to another person unless expressly permitted by us or an authorised person;
(d) you will not upload, send, post or otherwise transmit to the Website any unsolicited messages or any offensive, harmful, defamatory, fraudulent, discriminatory, misleading, deceptive or otherwise unlawful material or any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) you will not impersonate or falsely misrepresent any person, policyholder or other person covered by a Nurses & Midwives Health insurance policy;
(f) you are responsible for the use of the Website and the online services, the use of any tools on the Website and any breach of these Terms by any persons authorised by you to use your password or PIN number and any other security information belonging to you;
(g) you will not use the Website or any of the online services for any purpose that is unlawful, breaches any law, infringes a third party’s rights or is prohibited by these Terms, including anything which affects the security of the Website or interferes with other users (including transmission of spam).
4. Policy holder registration and security ID (login ID, password and security questions)
4.1 If you are a Nurses & Midwives Health policy holder and/or wish to use our online services or you wish to use the Eyecare online store, you must first follow the registration procedure on the Website and/or the online services.
4.2 You are responsible for ensuring that your password or PIN number and any other security information are kept secure and confidential. You should not disclose them to anyone. If you do, you are fully responsible for all actions that occur under your password or PIN number and in the name of your online services account.
4.3 If you lose control of your password or PIN number, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password or PIN number has been compromised for any reason, you should immediately notify Nurses & Midwives Health of this and of any unauthorised use of your password or PIN number or account and change your password or PIN number or other security information.
4.4 You must ensure that you exit from (log out of) your account at the end of each online session.
5.1 Nurses & Midwives Health may, from time to time, publish links to other third party websites on the Website. Contents, hyperlinks or information held on other sites is not the responsibility of Nurses & Midwives Health and it has no control over these sites or their availability and it does not endorse them or give any warranties or assume any responsibility as to their accuracy or dealings with the intellectual property rights of any person. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites.
5.2 You acknowledge and agree that Nurses & Midwives Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on anything on those third party websites.
6. Website and online services content, operations, functions and disclaimers
6.1 You expressly understand and agree that the Website and the online services are provided to you on an “as is” and “as available” basis, and from time to time may contain errors, faults and inaccuracies.
6.2 Your use of the Website and the online services is at your sole risk. Nurses & Midwives Health expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. It is your responsibility to ensure that any products, services or materials referred to on the Website and the online services meet your specific requirements.
6.3 Any material downloaded or otherwise obtained through the use of the Website or the online services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6.4 No advice or information, whether oral or written, obtained by you from Nurses & Midwives Health or through or from the Website or the online services shall create any warranty not expressly stated in the Terms.
6.5 Any results from any tools, calculations or simulations available on the Website or online services are indicative only and are neither a quote nor a pre-qualification for insurance cover.
6.6 No warranty or responsibility for content Nurses & Midwives Health has used its best endeavours to ensure that the content on the Website, including the online services, is correct and current. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Nurses & Midwives Health does not warrant the reliability, accuracy, quality, currency or completeness of the content on the Website or the online services and takes no responsibility for any error, omission or defect contained in that content.
6.7 The content of the Website and the online services is subject to change without notice. For example, details of any special offers are subject to change without notice, including those on behalf of preferred providers.
6.8 Information relating to providers and preferred providers does not represent an endorsement or recommendation by Nurses & Midwives Health as the primary relationship is between the service provider and the patient. Members should rely on their own enquiries and seek any assurance or warranty from the provider of the service or product.
6.9 Nurses & Midwives Health does not endorse the views or material contained in the contributions of members of the public on any of its social media platforms and accepts no liability in relation to same.
6.10 You confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in any content posted on any of our online services.
6.11 Viruses and security Nurses & Midwives Health does not represent or warrant that the Website or any of the online services, its content or any other material accessible from the Website or the online services is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
7. Exclusions and limitations
7.1 Implied terms
If you use the Website, the Competition and Consumer Act 2010 (Cth) or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between you and Nurses & Midwives Health, or may give you certain non-excludable remedies against Nurses & Midwives Health. If Nurses & Midwives Health breaches a non-excludable term, condition or warranty, then liability for that breach will be limited, at Nurses & Midwives Health’s election, to:
(a) the re-supply of the relevant goods, advice, service, recommendation or information; or
(b) the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.
7.2 Exclusion of liability
Except to the extent that liability may not lawfully be excluded, Nurses & Midwives Health will not be under any liability to you (or any of your officers, agents or employees) for:
(a) any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of or inability to use the Website or the online services or your use of or reliance upon any of the information or materials contained in the Website or provided by the Website to you; or
(b) any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website or the online services.
You agree to indemnify Nurses & Midwives Health (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) harmless and hold them harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) any breach by you of these Terms; or
(b) any suit, claim or demand brought or made against Nurses & Midwives Health by or due to the conduct, act or omission of:
(i) you; or
(ii) any person accessing any content through your online services account.
8. Intellectual property rights
8.1 The content of the Website and the online services is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise. Nurses & Midwives Health trade mark number 1479824 is used on this site as are trade marks registered by other parties with their permission.
8.2 The materials and content accessed from or via the Website (including software and web designs) contain proprietary and confidential information that is protected by applicable Australian intellectual property and other laws. You may view this material and content online or print a copy for your personal use and record and you may use the online documents to carry out the online services available to you. All other use, copying or reproduction of any part of the Website unless otherwise permitted by these Terms, (including, without limitation, reproduction on any other website or systematic downloading of any content) is prohibited.
Unless expressly stated otherwise, nothing contained in the Website should be construed as a licence or right of use of any trade mark displayed on the Website or the online services without the express written permission of the owner of the trade mark.
8.3 You must not tamper with any copyright notice, nor tamper with or commercially use any trademark, logo or names (including business and domain names).You agree that you may not otherwise copy, change, adapt, communicate, sell or otherwise deal with the material on the Website or available from the online services.
8.5 By contributing content to any online service, you confirm you own or have the right to use any material included in your content, that you have the permission of anyone appearing in it and that you are not infringing any person’s rights by submitting the content.
8.6 You grant Nurses & Midwives Health a royalty free, non-exclusive licence to use the content in any way. You agree that Nurses & Midwives Health has ultimate editorial control over all its online services and may edit, remove or exercise its discretion not to publish your contribution for any reason whatsoever.
9.1 Other terms and conditions
These Terms are in addition to the terms and conditions:
(a) contained in the Nurses & Midwives Health Rules;
(c) that apply to any specific transactions undertaken by you with Nurses & Midwives Health, including any purchase using the Eyecare online store;
(d) any additional terms or guidelines outlined within the specific online service you access: and
(e) contained in any third party documents and websites accessed via the Website.
Any failure by Nurses & Midwives Health to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted by it in writing.
9.3 Change of your details
You must advise Nurses & Midwives Health of any change of name, address, or other details at your earliest convenience after the change and within 2 (two) months of the change. Changes to any of your details may be made directly on our Website or by calling or emailing us.
9.4 Nurses & Midwives Health contact details
If you have any questions or feedback about the Website or the online services, please contact us:
Nurses & Midwives Health Pty Ltd, ABN 70 611 479 237, level 4, 260 Elizabeth Street, Sydney, NSW 2000
Telephone: 1300 344 000
9.5 Governing law
The laws of New South Wales, Australia govern these Terms, and both you and Nurses & Midwives Health submit to the exclusive jurisdiction of the Courts of that State.