Online Support Services Terms of Use

The 24/7 Medibank Nurse Support and 24/7 Medibank Mental Health Support webchat services (Services) are delivered by Medibank Health Solutions Telehealth Pty Limited trading as Amplar Virtual Health ABN 40 069 396 792 (Amplar Health), a subsidiary of Medibank Private Limited (Medibank) ABN 47 080 890 259. The Services are available to Medibank health insurance members.

The Services allow Medibank health insurance members to access a nurse or mental health professional via webchat in the MyMedibank web portal and app. The Services are available 7 days a week and 24 hours a day.

1. Information is of a general nature only and no warranties are provided

The information provided during your interaction(s) with the Services is for general information purposes only and it should not be regarded as advice, including legal or medical advice. The information may not be tailored to meet your individual health needs, and while we have prepared the information carefully, Amplar Health does not guarantee that it is accurate, complete or up-to-date. You should always consult a trusted health professional before making decisions about your health care.

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Amplar Health does not give any express or implied warranties and makes no representations in relation to the Services. Information obtained from the Services should not be used without validating the information with appropriate sources including obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.

2. Viruses

In addition, subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), and while all care is taken to ensure a virus free and private environment, Amplar Health does not warrant that the Services are free from any computer viruses or other defects.

3. Limitation of liability

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Amplar Health excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms of Use or the Services.

4. Access and communication

Amplar Health does not warrant that you will have continuous access to the Services. Amplar Health will not be liable in the event that the Services are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities on the Amplar Health website or interruption in telecommunications supply. Please remember that if the Services are unavailable, you may access the telephonic support Services by calling Medibank 24/7 Health Support on 1800 644 325.

5. Privacy

Any personal information that you submit to Amplar Health is subject to and will be handled in accordance with Part 3 of Medibank’s Privacy Policy (Privacy Policy) and the Personal Information Collection Statement for the Amplar Health Services (Collection Statement) below. The Privacy Policy and Collection Statement form part of these Terms of Use. The Privacy Policy is set out at: http://www.medibank.com.au/legal-information.aspx#privacy

6. Privacy & Third Party Providers

Amplar Health does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Amplar Health does not guarantee the security or confidentiality of these communications or the security of the Services. Amplar Health does not provide, and has no control over, communication, networks or services, the internet or other technology used or required to access the Services and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

7. Cookies

If your web browser is set up to accept cookies, a cookie will be stored on your system when you visit the Services. Cookies allow Amplar Health to distinguish unique visitors and control the flow of pages within the site. Your activity on this site will be logged, which will include the IP address of your system (a unique number assigned to your computer system or location when you connect via an Internet Service Provider). If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to properly use the Services.

8. Intellectual property

All intellectual property rights, including copyright and patents, in the Services, and all components in these Services are owned by or licensed to Amplar Health. You must not copy, modify or transmit any part of the Services.

9. Prohibited uses

In using the Services you must not:

• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
• publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate (including any material that infringes intellectual property rights);
• use any automated scripting tools or software;
• engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
• impersonate or falsely claim to represent a person or organisation;
• send unsolicited emails or spam;
• post, link to, distribute or transmit any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
• breach any laws or regulations which are applicable to your use of these Services in your jurisdiction.

10. Termination

Amplar Health may at any time immediately terminate your access (including restricting access) to the Services (including due to your breach or alleged breach of these Terms of Use) in its sole discretion and without prior notice. Any limitations of our liability survive such termination.

11. Jurisdiction and law

These Terms of Use are governed by and must be construed in accordance with the laws of the State of New South Wales (NSW), Australia. You submit to the non-exclusive jurisdiction of the NSW courts and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, their performance and subject matter.

12. Severability

Each provision of these Terms of Use is severable from the others and severance of a provision will not affect any other provision.

13. Changes to the online support Services

The Services are subject to change at any time without notice and may contain errors. Amplar Health may from time to time review and update these Terms of Use to take account of new laws, regulations, products or technology. Your use of the Services will be governed by the most recent Terms of Use. By continuing to use the Services, you agree to be bound by the most recent Terms of Use.

14. Contacting Amplar Health

If you have questions about the Services, these Terms of Use or the Privacy Policy, please contact Amplar Health at https://amplarhealth.com.au/contact/

15. Personal Information Collection Statement

Personal Information Collection Statement for Amplar Health Services (which may be referred to as “we” or “our” in this collection statement) complies with the Privacy Act 1988 (Cth) to ensure that your personal information is protected.

16. Collection, Use and Disclosure of Your Personal Information

We will only collect and use your personal information to provide you with the Services, including to:

• provide you with information and to direct you to third parties;
• manage our relationship with you;
• resolve any legal and/or consumer complaints or issues; and
• comply with our legal obligations to report a risk of harm to you or another person.

We will only collect your personal information directly from you, or a person authorised by you to provide this information on your behalf. In order to carry out the purposes listed above, we may disclose your personal information to persons or organisations such as:

• other parties who we refer you to for further assistance such as a local counsellor. We will only provide your personal information to these people with your express consent; and
• other parties to whom we are authorised or required by law to disclose such information, such as government authorities or emergency services.

We will need to disclose your personal information to the relevant authority if we become aware that:

• there is a child or young person at risk of harm. This includes physical, sexual, emotional, psychological abuse or neglect; or
• there is a serious risk of harm to you or another adult person. Access to your information and contacting us at Amplar Health will allow you to access and correct personal information we hold about you, as required by law. If you have any queries about how Amplar Health handles your personal information, or would like to request access to that information, please contact Amplar Health at https://amplarhealth.com.au/contact/