Website and App Terms & Conditions
This website, the Online Member Services Portal (collectively “the website”) and the St.LukesHealth App (“the app”) are owned and operated by St. Luke’s Medical and Hospital Benefits Association (St.LukesHealth) and will be referred to as "we", "our" and "us" in these Terms & Conditions.
Using our website and app
By using or accessing our website and/or our app or registering for services on our website or app, you agree to be legally bound by these terms and conditions without alteration of the terms and conditions as they apply to your use of or access to our website and app. These terms and conditions may be modified by us from time to time at our sole discretion and published on our website and app. Your continued use of the website and app by access to the site and use of the app constitutes your agreement to be legally bound by the modified terms and conditions including your consent to the processing of your personal data.
If you do not wish to be bound by these terms and conditions you may not use our website or app.
If you breach these terms and condition we may restrict or remove your access to the website or the app.
on this website.
Applicability of online materials
Unless otherwise specified the materials published on our web site and app are presented solely for your private, personal and non-commercial use.
You may not use the Website, or the material contained on it, for any other purpose.
- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading or reposting the material to any other site on the Internet; and
- “framing” the material on the Website with other material on any other website.
We have used all reasonable endeavours to ensure that our web site and app complies with Australian law, including the Australian Consumer Law. However, we make no representations that the materials on our web site or app are appropriate or available for use in locations outside of Australia.
Copyright & monitoring
The contents of our website and app are protected by international copyright laws and other intellectual property rights. We, or other third-party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site and app are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website or app for the sole purpose of using it as an information resource for our health insurance services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site or app including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any (but not restricted to) questionnaire and forms.
You may not modify or copy:
the layout of the Website; or
any computer software and code contained in the Website.
We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
re-sold or re-distributed in any material form;
stored in any storage media; or
re-transmitted in any media,
without our prior written consent.
Linking to this website for commercial purposes
It is not permissible to use content from or link to our website for commercial purposes without our express prior written consent.
If you would like to link to this website for commercial purposes, please contact firstname.lastname@example.org
We make no representations whatsoever about any other websites or apps which you may access through our website and app or which may link to our website or refer to our app. When you access any other website or app you understand that it is independent from us and that we have no control over the content or availability of that website or app. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website or app and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Perform analytics on the use of our website and pages visited;
- Enable access to online services; and
- To save preferences you have previously set on our website.
For the avoidance of doubt, your use of the website and app with cookies enabled constitutes permission for us to perform analytics, facilitate access to online services and save your personal preferences.
Availability of our website and app
We will try to make our website and app available but cannot guarantee that our website and app will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and app and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
We reserve the right to alter, suspend or discontinue any aspect of our website or app or the content or services available through it, including your access to it and the means whereby you access it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new services or resources shall be subject to these terms and conditions as they are adopted from time to time.
The information on the website and app are provided in good faith on an ‘as is’ basis with no express or implied warranties of any kind as far as is permissible under applicable laws including the Australian Consumer Law. To the extent allowed by law, neither St.LukesHealth nor any of its agents or employees will be liable for any errors or omissions in the contents or functions of the website and app, including errors or omissions due to negligence.
The information on our website and app is general in nature and does not constitute advice. The resources provided by third-party contributors, including health professionals, are not a substitute for professional advice from your physician or health care provider. Any third party products or resources mentioned by third party contributors to our website or app do not constitute or imply a recommendation or endorsement from St.LukesHealth.
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the website and app.
We do not warrant, guarantee or make any representation that:
- the Website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
We are not liable to you for:
- errors or omissions in the Website, or linked sites on the Internet;
- delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
- defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of Liability
These Disclaimers may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
if the breach of an implied warranty or condition relates to services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again; and
if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
St.LukesHealth is committed to keeping the personal information you entrust to us private and confidential and we have measures in place to meet this expectation in accordance with Law. However, we are unable to guarantee that information you choose to share with us via the website, the app or the internet generally will be secure. Therefore you accept that any information you provide to St.LukesHealth via the website or the app is at your own risk until received by us.
No Implied Waiver
The failure of us to enforce any provision of these terms and conditions or a delay in enforcing those rights will in no way affect the right to enforce that or any other provision at a later time, whether against the same or a different party. Nor will the waiver of a breach of any provision of these terms and conditions constitute a waiver of any succeeding breach of the same or any other provision whether against the same or a different party.
These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of the State of Tasmania and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Tasmania and Courts entitled to hear appeals from those Courts in respect of any proceedings that relate to these Terms & Conditions.
If any part of these Terms & Condition is found by a court to be invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such provision(s) will be deemed deleted but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms & Conditions will remain in full force and effect.
These Terms & Conditions were last updated on 2 March 2020.