System Terms and Conditions

1. What the System allows you to do

   The System allows you to access information that you are permitted to access under the Agency Agreement. Your access includes the ability to:
   • download marketing material;
   • view information about Medibank Private Visitors Cover and Working Visitors Cover products; and
   • send information to us.
   You may NOT use the System to access any information or data related to another agent or which you are not expressly authorised to access under the Agency Agreement.
   We have the sole right to determine your eligibility for access, the extent of your access, and the level of services available via the System.
   In the rest of these terms and conditions, we use the term “Authorised Purpose” to refer to your permitted access as defined above; and the word “Information” to refer to any information, data, notices and other communications whether or not confidential or proprietary.

2. Your Username, Password and Security

   You will be able to access the System by entering your Username and Password. We call your Username and Password your Security ID. You agree that:

   • your Security ID enables both you and us to prevent unauthorised access to the System and confidential Information accessible via the System. You are entirely responsible for the security, confidentiality and use of your Security ID;
   • we may from time to time for security reasons require you to re-authenticate yourself, or issue directions regarding use of Security ID or access to the System. You must comply with those directions;
   • we are entitled to assume (and we will assume) that you are the user whenever your Security ID is used to access the System;
   • to protect the integrity of your Security ID, you must log out of your secure session before browsing away from the System or leaving your computer unattended;
   • you will notify us immediately if you become aware of any unauthorised access to or use of your Security ID;
   • you will use the most recent version of your web browser with the latest security patches applied when accessing the System;
   • all security updates for your operating system will be installed and up to date when you access the System; and
   • credible anti-virus software (with up to date virus definitions) will be installed and working on your computer when you access the System.

3. Permitted Users

   A Partner Agent may permit the registration of more than one user to access the system as Permitted User(s), strictly on a need-to-know basis for an Authorised Purpose. A Permitted Users registration is complete only upon the registration of his or her Security ID. Notwithstanding their individual registration, the Partner Agent is entirely responsible for their Permitted Users' access and use of the system and must ensure that each Permitted User complies with these terms and conditions.

4. Electronic Communications

   We may use the System to communicate:

   • Information under or proposed amendments to the Agency Agreement; and
   • any other Information that may be relevant or of interest to the Partner Agent or any of the Partner Agent's Permitted Users.

   Please note that it is a condition of your registration that you:

   (a) consent to receive commercial information via the System (the Spam Act 2003 (Cth) regulates the sending of commercial information by electronic means and requires the sender to obtain the recipient's consent before doing so. Making commercial information available to you via the System may, in some cases, constitute sending commercial electronic information to you within this Act.); and

   (b) consent to receive legally binding communications via the System and other electronic means (eg. via e-mail) (under law, electronic communications are binding only if the recipient consents to receive Information electronically via a designated information system or an e-mail address).

   You acknowledge and agree that:

   • the System is specifically established and maintained by us to facilitate electronic B2B communications between you and us;
   • you are able to receive Information via the System or e-mail address;
   • you will provide correct details of your current e-mail address to which we can send Information electronically, in lieu of paper communication; and
   • you will regularly access the System, your designated information systems and your e-mail in-box to ensure your timely access to Information sent by us.

   Please note that your above consent does not preclude either party, where necessary, to require certain Information to be communicated by fax or by postal delivery only. Electronic communications may be confirmed by fax or postal delivery.

5. Information Security

   You may not reverse engineer, decompile, or otherwise tamper with any security means we provide to protect Information or the System. You may not develop or use any security circumventing device to override or avoid any security software or device we specify or provide to protect Information or the System.
   If during access you come across any Information that is not intended for you under the Agency Agreement with us, or to which you have not been otherwise allowed access, you must immediately log out and report the incident and details of the incident to us.

6. Intellectual property rights (IPR)

   The materials accessed from, or via, the System (including website designs, software and third party materials) are protected under Australian and international copyright laws. You are allowed to view the materials online. Where permitted, you may upload or print a copy for your internal use or record in connection with an Authorised Purpose. You may use our online document templates to submit Information at our request, or for our consideration or record.
   Except as authorised above, you may not copy or alter the materials; or adapt, communicate, sell, or otherwise deal with the materials. You must not tamper with any copyright notice, tamper with, or commercially use any trademark, logo or names (including business names and domain names), appearing on the System or in materials accessed via the System. We retain all rights in relation to our online documents templates used by you.

7. Disclaimers

   The System is provided to you on “as is” and “as available” basis, and may from time to time contain errors, faults and inaccuracies. We make no representation and provide no warranty or guarantee:
   (a) about its security, or the safety of any file or software associated with it (such as safety from any virus or defects including those that could damage or interfere with any data, software or hardware with which it might be used); or
   (b) about its accessibility, quality or reliability, or any Medibank or third party materials, Information, products or services promoted or accessed via the System.
   You agree to access and use the System entirely at your own risk. We exclude all liability for damage or loss (including any loss of profits or income, business interruption, and loss or corruption of data or other Information) arising as a result of your access to or use of the System to the full extent permitted by law; and we reserve all our options under law as to how we may discharge our obligations in relation to any liability that cannot be lawfully excluded under these terms and conditions.

8. Privacy

   Medibank collects, maintains and uses personal information in accordance with our Privacy Policy (please go to http://www.medibank.com.au/Legal-Information/privacy.aspx to access a copy).
   You acknowledge that Medibank is bound by the Privacy Act 1988 (Cth) and corresponding State and Territory legislation (collectively called “Privacy Legislation”) which protects personal information of individuals. You agree to comply with, and will ensure that any Permitted Users for whom you are responsible are aware and will comply with, the requirements of the Privacy Legislation and any directions made by us or by a Privacy Commissioner under Privacy Legislation in relation to your receipt, storage, use and disposal of personal information accessed via the System.

9. Submitting applications via the System

   Each time you submit an application on behalf of a prospective member of Medibank, you are declaring and agreeing that:
   • to the best of your knowledge and belief, all information supplied in connection with the application is true and correct;
   • you will inform Medibank immediately if you become aware that any details of the application are incorrect; and
   • you have the express consent of the applicant to submit the application.

10. Governing law

    These terms and conditions are governed by the laws in force in the State of Victoria, Australia. Both you and Medibank irrevocably submit to the jurisdiction of the courts of that State and all courts with jurisdictions to hear appeals from those courts.

11. Other terms and conditions

    (a) the Disclaimer that applies to access to the public area of our website at medibank.com.au (please go to http://www.medibank.com.au/Legal-Information/disclaimer.aspx to access Disclaimer);
    (b) the Agency Agreement; and
    (c) any third party documents and websites accessed from this website.

12. Changes to terms and conditions

    Medibank reserves the right from time to time to change any of these terms and conditions without prior notice or your consent, so please read these terms and conditions whenever you log in.