Business Connect - Terms and conditions

You are only eligible to access or use the Portal if:

• you work for a partner, broker or institution that has an agreement with Bupa that grants them access to the Portal (Partner Organisation); and
• you have the permission of both your Partner Organisation and Bupa to access and use the Portal.

2. Portal Account

2.1 Access and use of your account

When you register for an account on the Portal, a user account will be created for you based on the details you provide (Portal Account).

You warrant that any information you provide to us is accurate, complete and up to date. If you do not maintain accurate, complete and up-to-date information, this may result in your inability to access or use the Portal.

You are responsible for all activity that occurs under your Portal Account and are responsible for maintaining the confidentiality of your login details. You agree to not share your Portal Account with anyone that has not been approved by us.

You warrant that you have obtained all necessary consents and authorisations to provide any information that you upload via your Portal Account.

2.2 Maintenance and availability of your account

We make no representations about the availability of your Portal Account. You acknowledge that outages and downtime may occur in relation to your Portal Account, including during any system maintenance (whether scheduled or otherwise).

We may also, from time to time and when reasonably necessary, impose limits on your use or access to the Portal Account, including as required by law or in a manner as set out in section 2.3 below. Bupa will provide notice of any outages, downtime and / or restrictions where practicable.

2.3 Suspension or termination of your account

Without limiting our rights under the Terms, we may immediately suspend your Portal Account if we reasonably suspect you have breached any provision of the Terms. If we investigate a suspected breach and determine that you have indeed breached the Terms, we may (acting reasonably) decide to immediately terminate access to your Portal Account by providing notice to you.

Bupa may also grant certain individuals within each Partner Organisation the authority to manage and terminate any or all Portal Accounts that are related to the Partner Organisation (Authorised Person). We may terminate your Portal Account by written notice to you if we receive a request to do so from an Authorised Person on behalf of the Partner Organisation that you work for.

2.4 Deleting your account

You may, at any time, delete your Portal Account or cease accessing the services that are made available via the Portal.

You may delete your Portal Account by contacting your Partnership Manager and requesting that your Portal Account be deleted.

Section 4 to 9 (inclusive) of these Terms will remain in effect even after your Portal Account is terminated or otherwise deleted.

3. User conduct

3.1 Lawful and authorised use only

You may only use the Portal for lawful purposes and for the purposes explicitly communicated to you, including to:

1. access and view any content that is displayed on the Portal (Content), provided that you have the necessary authorisation to do so;
2. access access and manage your Portal Account;
3. if you are an Authorised Person, manage other Portal Accounts that are related to the Partner Organisation that you work for;
4. view your client’s bills and invoices;
5. submit the following requests to Bupa on behalf of your clients:
   • enrolment requests;
   • policy change requests;
   • policy termination requests (which can only be processed via eligible Portal Accounts); and
   • other ad hoc requests.

You must not use, or attempt to use, the Portal or act in any way that is not permitted by the Terms.

3.2 Prohibited Use

You must not use the Portal in a manner which, or upload, post, transmit or otherwise make available through the Portal any material which:

1. resells, markets, licenses, sublicenses, distributes or otherwise grants to a third party any right to use the Portal or any Content;
2. violates or infringes the rights of others (including intellectual property or privacy rights);
3. • is illegal, pornographic, obscene, or indecent or is infringing, threatening, harassing, defamatory, objectionable, unlawful, harmful to children, or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
4. is likely to bring us or any other party associated with the Portal into disrepute, contempt, scandal or ridicule;
5. affects the functionality or operation of the Portal or its servers or the functionality or operation of any user's computer systems (for example, using or installing any malicious code including bots, viruses or worms, or attempting to gain unauthorised access to the Portal or any user's or third party's computer systems).
6. restricts or inhibits any other user from using or enjoying the Portal;
7. decompiles or reverse engineers any part of the Portal; or
8. 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.

4. Intellectual Property Notices

4.1 Copyright Notice

Copyright in the Content (including text, graphics, videos, images, audio clips, architecture, coding, design elements and interactive features) and the Portal is owned by or licensed to Bupa. You may not reproduce, adapt, upload to a third party, publish or communicate any of the Content or the Portal without our prior written consent (except as necessary for viewing the Content or the Portal on your browser or mobile device, or as permitted under the Copyright Act 1968 (Cth)).

Bupa (and its partners and service providers, as applicable) retain all rights (including intellectual property rights) and licences to the Content and the Portal, and nothing that you do on or in relation to the Portal and its Content will transfer any ownership in them to you.

4.2 Trade Mark Notice

"Bupa" (the word and the logo) and any other trade marks associated with Bupa, are trade marks owned by Bupa or its related bodies corporate. You may not use our trade marks without our written consent. Third party trade marks which feature on the Portal, such as Partner Organisation trade marks, are owned by the respective third party. The use of a third party trade mark on our Portal does not indicate any association with, or endorsement by Bupa, of that third party or its goods or services.

5. Disclaimers, Limitation of Liability and Indemnity

5.1 General disclaimers

Access and use of the Portal and the Content is at your risk.

To the extent permitted by law, neither Bupa nor its affiliates and any of their respective employees, agents, third party content providers and licensors:

1. make any express or implied representation or warranty about; or
2. shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss or damages in connection with,

the Portal, its use, the Content or any products or services (including our products or services) referred to on the Portal.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. your reliance on the completeness, accuracy, suitability or currency of the Portal or the Content;
2. failure of, or delay in the performance or operation of the Portal, transmission of a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records (each being circumstances beyond Bupa's reasonable control);
3. accessing any websites or servers maintained by other organisations through links on the Portal. Links are provided for convenience only, and we do not accept responsibility for the content or operation of those websites. Unless otherwise stated, we do not endorse linked websites or their products and services; and
4. defamatory, threatening, offensive or unlawful conduct of third parties.

5.2 Warranty disclaimer

Except to the extent required by law, the Portal, Content and all related services are provided on an "as is and as available" basis with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

5.3 Consequential and indirect loss

Notwithstanding anything else in these Terms, neither party will have liability to the other (however arising, including for negligence or under any indemnity) for any indirect or consequential loss (even if advised of their possibility), any punitive or exemplary damages or any loss of profit, revenue or anticipated savings, business interruption or loss of chance or business opportunity.

5.4 Limitation of liability

Subject to the remainder of this section, and to the maximum extent permitted by law (including under the Australian Consumer Law), the liability of a party for any loss, damage or claim in connection with the Terms, whether in contract, tort (including negligence and breach of statutory duty) or otherwise, is limited to $100,000.

Nothing in the Terms limit a party's liability for fraud, willful misconduct or liability for breach of section 3 (User Conduct) or section 4 (Intellectual Property Notices).

5.5 Indemnity

You indemnify us and our related bodies corporate from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us and/or our related bodies corporate (collectively, Our Loss) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using the Portal.

Without limiting the preceding paragraph, you indemnify us and our related bodies corporate for any of Our Loss that is incurred by virtue of any breaches of third parties' intellectual property and/or privacy rights as a direct or indirect consequence of you (or, where applicable, any other person using your login credentials) using the Portal.

Your liability to an indemnified party will be reduced under this indemnity to the extent that the relevant loss or damage arises from a breach of the Terms, or a wrongful or negligent act or omission, by Us, or any of Our agents, employees or contractors.

The indemnified parties must take reasonable steps to mitigate any of their liability, cost, expense, loss and damage.

5.6 Rights that cannot be excluded, limited, or disclaimed

This disclaimer, limitation of liability and indemnity do not exclude any rights which, by law, may not be excluded.

5.7 Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the Content and any other information displayed via the Portal, we make no guarantees as to its correctness or accuracy. It is possible that the Portal contains typographical errors. inaccuracies, or other errors and that unauthorised additions, deletions, and alterations could be made to the Portal by third parties. In the event that an inaccuracy arises, please inform Us so that it can be corrected.

5.8 Revisions, changes, and updates

We may remove or modify the Content or any of other products, services and information on the Portal and make improvements and/or changes in products and/or services described on the Portal or add new features to the Portal at any time.

We will notify you of any material changes to the Portal or Content by way of a notification on the Portal when you subsequently log-in.

6. Privacy

We may monitor your activity on the Portal and conduct analytics including through the use of cookies. All personal information collected, transmitted, stored or otherwise processed on the Portal will be handled in accordance with the Bupa Business Connect Privacy Policy.

7. Health Insurance policy terms

You acknowledge that all health insurance policies issued by Bupa are subject to the terms of our Fund Rules:

• Fund Rules for Australian residents (PDF, 179 KB)
• Fund Rules for overseas working visitors (PDF, 580 KB)
• Fund Rules for overseas non-working visitors (PDF, 444 KB)
• Fund Rules for overseas students (PDF, 306 KB)

8. Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials on or via the Portal which the authority claims violates any applicable law.

9. General Terms

9.1 Applicable Law

These Terms are governed by the law in force in the State of Victoria, Australia.

The Portal (excluding any linked, third party websites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.

9.2 Portal or content may be unlawful outside Australia

We do not warrant that the content of the Portal complies with the laws of any country outside of Australia. If you access the Portal from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

9.3 No offers where illegality arises

Nothing on the Portal constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

9.4 Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability of the remaining Terms will not be affected.

9.5 Waiver

If we fail to enforce any of the Terms, it will not be considered a waiver. Any amendment to or waiver of the Terms must be made in writing and signed by us.

9.6 Inconsistency

Except as otherwise provided in the Terms, in the event there is any inconsistency between the Terms, Bupa’s Privacy Policy, Bupa’s Fund Rules or any information appearing on the Portal, or any other material accessible, available or observable on the Portal published by Us or matters contained in any other document or representation received from any party including us, the Terms will prevail to the extent of the inconsistency.