of Peoplecare Health Limited ABN 95 087 648 753 (Peoplecare)
By using our Website (peoplecare.com.au) and Online Services (including our Online Member Services and the Peoplecare mobile app, Larry), you agree to be bound by and comply with these Terms and Conditions.
We reserve the right to change these Terms and Conditions or the content of our Website and Online Services at any time and without any notice to you. Your continued use of our Website and Online Services means that you accept those changes and agree to be bound by the Terms and Conditions in place at the time you access our Website or Online Services.
These Terms are subject to the rules contained in the Peoplecare Fund Rules as they apply to any Online Services and are in addition to any terms:
- that apply to any specific transactions undertaken by you with us; and
- contained in any third-party documents and Websites accessed via this Website.
Access to our Website and Online Services
We reserve the right and at our sole discretion to deny access to our Website or Online Services without notice if you attempt or engage in any conduct we believe:
(a) to be inappropriate, misleading or dishonest;
(b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene profane or is likely to cause offence to others;
(c) is likely to cause harm to our Website, our Online Services, our systems or systems of others;
(d) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise violates a law;
(e) restricts or inhibits any other user from using or enjoying our Website or Online Services;
(f) affects the functionality or operation of this Website or Online Services;
(g) 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;
(h) to be in violation of our rights or the rights of any other third party; or
(i) does not comply with these terms and conditions.
We will make all reasonable efforts to ensure that our Website and Online Services are available 24 hours a day, 7 days a week. However, electronic services are subject to interruption or breakdown and as such we do not warrant the availability of our Website and Online Services.
Accuracy of our Website and Online Services
We strive to ensure that the content on our Website and Online Services is correct and current however some content may include errors or events may occur which would cause the content to be inaccurate or out of date.
We do not warrant the accuracy, currency or completeness of the content on our Website, our Online Services or Websites operated by third parties and we are not responsible for any loss or damage you may incur as a result of relying on that content.
Links to other Websites
Peoplecare’s Website and Online Services may include links to programs or services that are provided, managed and operated by our partners. Health or other information collected via these programs or services is encrypted and securely stored by our partners on their servers. By using Peoplecare’s Website, App, and Online Services, and clicking or tapping on these links, some of your personal details which could identify you such as name, date of birth and membership number will be securely transmitted to our partner to facilitate your engagement in their program or services.
Peoplecare will encrypt any such personal information before it is sent and ensure that our partners encrypt and securely store this information on their hosting framework located in Australia. A variety of security technologies and procedures will be used to protect this information from unauthorised access, use or disclosure.
The content on our Website and contained in our Online Services is protected by copyright. The unauthorised use of any of our materials may violate copyright, trademark and other intellectual property laws. Materials on our Website or Online Services must not be modified, framed, reproduced or publicly displayed, performed or distributed, uploaded to a third party or used for any public or commercial purposes without our prior written permission.
All trademarks displayed on our Website and Online Services are trademarks of Peoplecare or their respective third-party owners. Nothing contained on our Website and Online Services shall be construed as granting any licence or right of use of any trademark displayed on the Website or Online Services without the express written permission of Peoplecare or their respective third-party owners.
We will not be liable to you or to any other person for any loss or damage (whether direct, indirect, special, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from your use of or access to our Website or Online Services or any material on it. To the extent permitted by law we disclaim all warranties, express or implied.
You expressly acknowledge and agree that Peoplecare does not exert control over uses of the Website or Online Services and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the extent that any applicable law, including the Competition and Consumer Act 2010 (Cth) cannot be excluded or imposes any liability on us, that liability shall be limited to the resupply of the relevant information or product, or the reasonable cost of re-supplying the relevant information or product.
You agree to defend, indemnify and hold harmless Peoplecare (and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) 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; and
(b) any suit, claim or demand brought or made against Peoplecare by or due to the conduct, act or omission of:
(i) you; or
(ii) any person accessing any content through your Online Services account.
We do not warrant that this Website, its content or any other material accessible from this Website including our 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. We are not liable for any loss or damage to your system which occurs in connection with our Website or Online Services.
- your server address;
- your top-level domain name;
- the date and time of access to the web site;
- pages accessed and documents downloaded;
- the website you arrived from;
- the type of browser software in use; and
- where you have allowed your demographics to be tracked, some information about you including age and gender.
We use this information for various purposes including:
- statistical purposes;
- to enable you to access Online Services; and
- to determine whether you have previously used parts of the website or to identify the pages you have accessed in order to offer more relevant content based on your interests.
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.
These terms are governed by the laws of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.
We do not warrant that the content of the Website or Online Services complies with the laws of any country outside of Australia. If you access the Website or Online Services from outside of Australia, you do so at your own risk and you accept responsibility for ensuring compliance with all laws that apply to you as a result of that access and any consequent transactions or dealings with us.