Terms of Use

My Medibank is a facility established and maintained by Medibank Private Limited ACN 080 890 259 (MPL), its wholly owned subsidiaries Fitness2live Pty Limited ACN 138 752 815 (Fitness2Live) and Medibank Health Solutions Telehealth Pty Ltd ACN 069 396 792, and MPL's other related bodies corporate (together Medibank/we/us/our) which can be accessed at either medibank.com.au or through the My Medibank App for access and use by MPL's private health insurance members who are covered by a Medibank branded private health insurance product and whose premiums paid are up to date (you/your).

These Terms of Use govern your access to and use of My Medibank at medibank.com.au and through the My Medibank App.

These Terms of Use contain important information, including disclaimers and limitations of liability. Your registration to, and use of, My Medibank at medibank.com.au and/or through the My Medibank App constitutes acceptance of these Terms of Use. 

1. Eligibility for access and level of services    

To be eligible to register to access, and to access, My Medibank you must be:

  1. 16 years of age or older; and
  2. covered by a Medibank branded private health insurance product other than Overseas Student Health Cover where premiums paid are up to date.

Medibank has the sole right to determine your eligibility for access, the extent of your access and the level of services available via My Medibank. The range of services that Medibank makes available to you through My Medibank may differ depending on whether you access My Medibank via medibank.com.au or through the My Medibank App and depending on the smartphone that you use.

The content and features of My Medibank, including its content and services and any part of any of them may, at any time, be changed or terminated by Medibank. 

2. Your security credentials (username and password)

Your security credentials enable you and Medibank to prevent unauthorised access to your personal details. You are entirely responsible for their use and you must keep your security credentials confidential at all times. You may not permit anyone else to use your security credentials.  We may from time to time for security reasons require you to re-authenticate yourself, or issue directions regarding your use of your security credentials.

We are entitled to assume (and we will assume) that you are the user whenever your security credentials are used to access My Medibank. Please notify us immediately if you become aware of any unauthorised access to or use of your security credentials.

To protect the integrity of your security credentials, we require you to log out of your secure session before you browse away from My Medibank, leave your computer unattended or leave the My Medibank App. 

3. Communications via My Medibank

We use My Medibank to communicate membership information and information which may be of interest to you as a MPL private health insurance member (which includes, amongst other things, health-related information and information related to products and services offered by Medibank and third parties).

Medibank reserves the right to communicate with you by methods other than My Medibank, or in addition to My Medibank, even where you have indicated a preference to receive information via My Medibank. 

4. Appropriate use of My Medibank

You must not use or attempt to use My Medibank to:

  1. other than in relation to submitting extras claims through My Medibank and using the "Find and Book" function, access information or perform services related to another person unless:
    1. if you are the policyholder, that person is another person on your membership and:
      1. is your dependant under the age of 16 (Dependant); or
      2. if that person is aged 16 years or over, they have authorised you to do so on their behalf (Authorising Member); or
    2. if you are aged 16 years or over but are not the policyholder, that person is another person on your membership and:
      1. is a Dependant and you have been authorised to do so by the policyholder; or
      2. is an Authorising Member; or
  2. send or post any unsolicited messages or any offensive, inflammatory, defamatory, fraudulent, or otherwise unlawful information, reviews or opinions.

Medibank makes My Medibank available to you on the basis that you will act appropriately and responsibly. If you do not, you must bear full responsibility for your actions.

If you download and use the My Medibank App, you agree to:

  1. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the My Medibank App in any way whatsoever;
  2. not use the My Medibank App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or by hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the My Medibank App;
  3. not use the My Medibank App in any way that could damage, disable, overburden, impair or compromise the My Medibank App; and
  4. comply with any applicable law and regulation relating to downloading or technology used or supported by the My Medibank App.

You acknowledge that we can suspend or terminate your use of My Medibank at medibank.com.au and/or through the My Medibank App if we reasonably believe that your use of My Medibank is interfering with any services provided by us to any members or you permit anyone else to use your security credentials. 

5. Intellectual property rights

You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of the My Medibank App and My Medibank accessed at medibank.com.au or through the My Medibank App (Medibank Materials) are owned by or licensed to Medibank.

Medibank grants you a non-exclusive, non-transferable, revocable licence to:

  1. download the My Medibank App;
  2. use My Medibank accessed at medibank.com.au or through the My Medibank App for your personal use in accordance with these Terms of Use.

You are allowed to:

  1. view the materials that can be accessed through My Medibank or print a copy for your personal, non-commercial use or record; and
  2. use the My Medibank functionalities to perform services for yourself and for other persons on your membership in accordance with the authority rules set out in clause 4.

You may not otherwise copy or change the Medibank Materials, and must not adapt, communicate, sell, or otherwise deal with the Medibank Materials. You must not:

  1. tamper with any copyright notice appearing on My Medibank or in Medibank Materials accessed via My Medibank; or
  2. subsequently disseminate any Medibank Materials accessed via My Medibank to other people.

If you submit any information to Medibank through My Medibank, Medibank will own all rights in the content that you submit. Completing any online documents accessible through My Medibank does not transfer any intellectual property rights in those online documents to you.

"Medibank" and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Medibank or its affiliates. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Medibank's express prior written consent. You must not tamper with or commercially use any trade mark, logo or names (including business names and domain names), appearing on the medibank.com.au website, the My Medibank App or in materials accessed via the medibank.com.au website or the My Medibank App.

Certain software and other material provided or available on or through My Medibank may be stated to be subject to special or additional rules or conditions. These rules and conditions form part of these Terms of Use.

You acknowledge and agree that:

  1. you will not do anything to or which might hinder, impede, invalidate or challenge Medibank's ownership of or entitlement to use or the registration of any part of the intellectual property or which might diminish the value of the intellectual property; and
  2. any use of My Medibank, including its content and services, other than as expressly permitted by these Terms of Use or by law, is not licensed and is strictly prohibited.

6. Disclaimers

My Medibank is provided to you on an "as is" and "as available" basis and may, from time to time, contain errors, faults and inaccuracies. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all third parties who have provided material for inclusion on My Medibank (Content Providers), make no representation and provide no express or implied warranty or guarantee about the security of My Medibank accessed via the medibank.com.au website or through the My Medibank App, 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 that access to My Medibank via the medibank.com.au website or through the My Medibank App will be uninterrupted.

The content of My Medibank is general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we and all Content Providers do not give any express or implied warranties and make no representations in relation to My Medibank. In particular, while reasonable care is taken in its preparation, Medibank and its Content Providers do not guarantee or warrant the accuracy, quality, completeness, reliability or currency of My Medibank (including any errors in or omissions from the content of My Medibank), or of any Medibank or third party websites, materials, information, products or services promoted or accessed via My Medibank, or their usefulness in achieving any purpose. Information on My Medibank should not be used without validating that information from appropriate sources and obtaining professional (including medical) advice where it is prudent to do so. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided.

Medibank does not provide telecommunications services and does not warrant that you will have continuous access to My Medibank via the medibank.com.au website or through the My Medibank App or that it will be supplied fault free. Medibank will not be liable in the event that My Medibank is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. Medibank reserves the right to suspend or terminate the availability of My Medibank via the medibank.com.au website and/or through the My Medibank App at any time.

You agree to access and use My Medibank via the medibank.com.au website and/or through the My Medibank App, including its content and services, entirely at your own risk.

Medibank makes no claims that My Medibank (including the My Medibank App) are appropriate, legal or may be downloaded outside Australia. Access to My Medibank (including the My Medibank App) and other content and services may not be legal by certain persons or in certain countries. If you access My Medibank (including through the My Medibank App) from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

7. Limitation of liability

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Medibank and its officers, employees, agents and Content Providers accept no liability for any loss, damage, illness or injury (including any loss of profits or income, business interruption or loss or corruption of data or other information):

  1. arising from:
    1. your access to or use of My Medibank or websites or applications linked from My Medibank;
    2. the information on My Medibank, or on websites or applications linked from My Medibank, being incorrect, incomplete or misleading;
    3. any reliance on, action or indecision by you in reliance of the information contained on My Medibank;
    4. any delay or interruption in access to or use of My Medibank or websites or applications linked from My Medibank; and
    5. any interference, loss, damage or disruption to your own smartphone; and
  2. for any personal injury, including death, caused by access to, use or misuse of My Medibank including its content and services.

8. Privacy

Handling of personal information generally

MPL is committed to protecting the privacy of personal information and will handle all personal information collected through My Medibank in accordance with our Privacy Policy.

"Find and Book" function

In using the "Find and Book" function, we will collect and use personal (including sensitive) information (Information) about you and, to the extent you are the policyholder or authorised by the policyholder to do so, your Dependants to provide you with the ability to search for, and book appointments for you and any such Dependants with, participating Members' Choice Advantage dentists.  We may also use Information to:

  1. identify your location so that we can find Members' Choice Advantage dentists close to you; and
  2. send you emails to help manage the appointments you have booked through the "Find and Book" function including confirming the appointments you have booked, reminding you of upcoming appointments you have booked and confirming any cancelled or rescheduled appointments.

In order to perform these functions, we may disclose Information about you and, if applicable, your Dependants to 1st Group Limited (My Health First) who has been engaged by Medibank to facilitate the "Find and Book" function. My Health First may then disclose Information to the Members' Choice Advantage dentist with whom you wish to make an appointment.  Medibank may collect Information about you and, if applicable, your Dependants from My Health First and Members' Choice Advantage dentists.

Medibank will otherwise handle all Information collected in the course of providing the "Find and Book" function in accordance with our Privacy Policy. This may include disclosing your personal information overseas in the circumstances described, and to the countries specified, in our Privacy Policy.  Our Privacy Policy contains further information about how you may access and/or correct the Information held about you and, if applicable, your Dependants as required by law, as well as information about making a complaint about a breach of the Privacy Act 1988 (Cth) and how Medibank will deal with such a complaint.

By accepting these Terms of Use, you consent to, and warrant that, if applicable, your Dependants have consented to, Medibank collecting, holding, using and disclosing your and their Information, however collected by us, in accordance with this clause 8 and our Privacy Policy.  If you choose not to provide your consent, then you will be unable to access and use My Medibank.

9. Claims functionalities

9.1 Claims history and claims limits

My Medibank may allow you to access certain information about certain claims submitted to MPL and/or certain extras claim limits for you, any Authorising Members and, to the extent you are the policyholder or authorised by the policyholder to do so, your Dependants.  These functionalities may vary from time to time at MPL's discretion including, without limitation, in relation to different treatments or services, treatment or service categories and MPL private health insurance products.  For example, dynamic extras claims limits are not displayed for certain MPL private health insurance products.

Claims information, including claim limits, displayed through My Medibank may not be accurate, complete or up to date. For example, it may take some time to update claims histories and claims limits if a paper-based claim has been submitted to MPL.  In relation to claim limits, sub-limits and waiting periods may apply and these may not be displayed through My Medibank.

The claims history is limited to hospital and extras claims that have been submitted over the last two years.  

Subject to clauses 7 and 8 of these Terms of Use, reliance on the information displayed in the claims functionalities is entirely at your own risk. You should contact MPL directly for more accurate information about claims histories and claim limits. 

9.2 Lodging claims via My Medibank

You may lodge claims for you or anyone on your membership for most extras services through My Medibank.  Benefits are not payable by MPL until applicable waiting periods have been served and if applicable limits have been reached.

If you wish to lodge a claim for hospital services or extras services for which you cannot use My Medibank, you can download a claim form, complete that form and submit it to Medibank either in the mail or at a Medibank store.

Each time you lodge a claim via My Medibank, you are declaring and agreeing that:

  1. all information supplied in connection with the claim is true and correct;
  2. you consent to the handling of the personal information provided with the claim in accordance with the MPL Privacy Policy;
  3. you authorise any health service provider to give MPL any information as may be necessary to assess the claim;
  4. the expenses detailed in the claim are not, and will not be subject to a compensation or damages claim*;
  5. you will inform MPL immediately if you become aware that any details of the claim are incorrect;
  6. the services described in the claim were actually provided and received;
  7. you will retain all invoices and receipts related to the claim for 3 years from the date of claim;
  8. MPL may require production of relevant invoices or receipts prior to finalising the assessment of any claim and prior to the payment of any benefit in respect of that claim;
  9. you will provide invoices and receipts to MPL within 14 days of any request by MPL;
  10. the claim will be deemed invalid if you do not produce the requested invoices and receipts and MPL may seek a refund of any benefits paid;
  11. MPL does not guarantee a response or payment of benefits within any particular period;
  12. if the claim has been paid in full, any benefits payable in respect of the claim will be paid to the policy holder of your policy in their nominated bank account.  If the claim has not been paid in full, any benefits payable in respect of the claim will be paid to the provider of the service that is the subject of the claim;
  13. you have the facilities to access and receive electronic communications from MPL regarding the claim and will regularly check to access and view such communications. A communication will not under any circumstances be treated as invalid by virtue of any delay or omission by you to access and view it after it is received at your designated electronic system or address;
  14. the successful lodgement of a claim via My Medibank does not guarantee the payment of any benefit. The payment of benefits is at all times subject to MPL's Fund Rules and policies  as amended from time to time^; and
  15. if you are lodging the claim for another person including any Dependant, you declare that you have their consent to lodge the claim and to make the above declarations and acknowledgements on their behalf.

* Benefits are not payable where the relevant member has, or may have, an entitlement to receive compensation or damages. In such circumstances, MPL expects that the relevant member will pursue that entitlement. MPL may make provisional benefit payments on application, subject to MPL's Fund Rules and policies, but the relevant member must agree to repay such payments, in full, from their final settlement. If a claim for which benefits have been paid appears at a later point in time to be one in respect of which an entitlement to compensation or damages exists, MPL reserves the right to recover the amount of benefits paid.

^ MPL's terms and conditions of membership are contained in the Fund Rules. You can view a copy of the Fund Rules online at medibank.com.au. Rules and benefit levels may change from time to time. If you anticipate treatment or a procedure for which you are expecting a benefit from MPL, please contact us before commencing treatment to establish whether the benefit you expect will be paid.

9.3 Out of pockets estimator for extras

The out-of-pockets estimator is available on My Medibank through the My Medibank App only and allows you to estimate out-of-pocket costs for certain extras claims only.

All results from the out-of-pockets estimator are indicative approximations only. The estimated amount is based on what we know about you and your membership, the state or territory you live in, the claims you have made to date, your waiting periods and your limits, any bonuses you may be entitled to and the information you provide. If anything changes, so will your estimate.

10. Other functionalities

10.1 Scope of the "Find and Book" function

The "Find and Book" function is available on My Medibank through the My Medibank App only and allows you to find participating Members' Choice Advantage dentists and book appointments with these dentists (Appointments). 

The "Find and Book" function only allows you to book and manage Appointments for:

  1. yourself; and
  2. to the extent you are the policyholder or authorised by the policyholder to do so, your Dependants.

Once you have sought to book an Appointment for yourself, and/or if applicable, a Dependant, My Health First will send you an email confirming or declining the Appointment.  My Health First will also send you emails reminding you of upcoming Appointments.   

Each Members' Choice Advantage dentist may have their own terms and conditions that apply to Appointments and the delivery of the service such as cancellation and rescheduling policies (Provider Terms).  Some of the Provider Terms may be specified in the email sent to you by My Health First confirming the Appointment and you must ensure that you read any such Provider Terms.  You must comply with all Provider Terms.

You can reschedule and/or cancel Appointments through the "Manage Booking" function which can be accessed through confirmation emails sent to you by My Health First or, where that is not possible for a particular Members' Choice Advantage dentist, you will need to contact that dentist directly to reschedule or cancel the Appointment.  Cancellation and/or rescheduling of Appointments is subject to the terms of any cancellation or rescheduling policy of the Members' Choice Advantage dentist and may attract fees. My Health First will send you an email confirming any cancelled or rescheduled Appointments.

The "Find and Book" function can only be used if you are covered by a Medibank branded private health insurance product other than Overseas Student Health Cover.

10.2  Using the "Find and Book" and "Find a Provider" functions

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the inclusion of any providers in the "Find and Book" and "Find a Provider" functions or the results of any search in the "Find and Book" and "Find a Provider" functions are not to be construed as:

  1. an endorsement by Medibank of that provider;
  2. an acknowledgment or representation by Medibank as to fitness for purpose of any products or services provided by any provider; or
  3. a recommendation, warranty or guarantee by Medibank of, for, or in relation to the product or service of the provider.

Medibank neither takes nor assumes any responsibility for the product or service provided by the provider. You should rely on your own inquiries and seek any assurance or warranties directly from the provider of the service or product, or with the registration bodies (eg, the Australian Health Practitioner Regulation Agency) regarding any conditions or restrictions to the provider's registration.

The "Find and Book" function only includes participating Members' Choice Advantage dentists.  The "Find a Provider" function only includes Members' Choice Advantage dentists, Members' Choice hospitals and ancillary providers, and doctors who are participating in Medibank's GapCover scheme. Members' Choice Advantage dentists, Members' Choice hospitals and ancillary providers, and doctors participating in Medibank's GapCover scheme have entered into an agreement with Medibank in relation to the fees the provider can charge, and/or the discounts it can offer, Medibank members for agreed services. The "Find and Book" and "Find a Provider" functions do not, and do not purport to, include all relevant providers of the services covered by the "Find and Book" and "Find a Provider" functions.  Members' Choice Advantage dentists, Members' Choice hospitals and ancillary providers, and doctors participating in Medibank's GapCover scheme included in the "Find and Book" and "Find a Provider" functions may change from time to time.

Even if you are a Medibank member and you go to a Members' Choice Advantage dentist or a Members' Choice hospital or ancillary provider, you are likely to have out-of-pocket expenses.  Doctors participating in Medibank's GapCover scheme have the option to use Medibank's GapCover scheme on a case by case basis.  As such, you may also have out-of-pocket expenses if you attend a doctor participating in Medibank's GapCover scheme.  You should discuss with the doctor whether they will use Medibank's GapCover scheme. You should also check with us whether the particular service is covered by Medibank's agreement with the provider and included in your private health insurance cover.  Some multidisciplinary Members' Choice practices may offer services that are not covered by the Members' Choice arrangement.  In addition, not all practices listed on provider websites will be Members' Choice. 

Medibank relies on information provided to it by providers and its service providers to provide the "Find and Book" and "Find a Provider" functions to you.  Some of the information provided by providers and its service providers to Medibank may be incorrect, incomplete or out-of-date. 

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Medibank:

  1. neither takes nor assumes any responsibility for the content of the "Find and Book" and "Find a Provider" functions; and
  2. accepts no liability for damage, loss, costs or expenses incurred by you in relation to your access to or use of the "Find and Book" and "Find a Provider" functions, the information on the "Find and Book" and "Find a Provider" functions being incorrect, incomplete or misleading, or any action or indecision by you in relation to the information contained on the "Find and Book" and "Find a Provider" functions.

By using the "Find and Book" function, you agree to be bound by and comply with My Health First's terms and conditions which can be accessed here: https://www.myhealth1st.com.au/terms-and-conditions/

10.3 Scope of the "Manage your account" function

The "Manage your account" function allows you to access and edit:

  1. your personal information and:
    (a)    if you are the policyholder, the personal information of any Dependant and Authorising Member; or
    (b)    if you are over the age of 16 but not the policyholder, the personal information of:
        (i)           a Dependant where you have been authorised to do so by the policyholder; and
        (ii)          an Authorising Member;
  2. if you are the policyholder or have been authorised by the policyholder to do so, the residential and postal addresses and contact phone numbers for the membership; and
  3. your communication preferences.

11. Third party websites

Medibank may, from time to time, facilitate access to other web-based services delivered by third parties. Where access to these services is via Medibank's own My Medibank web pages or My Medibank App (either on each occasion that you link to those third party sites or upon the first occasion that you link to a third party site and register for using it), then any information which you have provided to Medibank for your own registration to use My Medibank may be transmitted by Medibank to the operator of that third party web site along with other data that Medibank holds or has established in relation to you that is necessary to authenticate your status as a current registered My Medibank user.

This is regardless of whether you have registered for My Medibank only in order to be able to access that third party site or whether you have previously registered for My Medibank and subsequently decide to access a third party web site.

This transmission of data is to facilitate your registration for using the third party site and authenticate you as a member of Medibank. By linking to a third party's web site through our My Medibank facility, you consent to the transmission of this information. You also acknowledge that unless otherwise expressly stated in My Medibank and in a relevant third party web site, Medibank is not responsible for any of the services, content, facilities or advice contained in such a web site.

Medibank does not endorse or verify the accuracy of the content on any third party websites. Medibank has no control over and is not responsible for the content of linked third party sites, sites framed within My Medibank, or third-party advertisements, and does not endorse or make any representations regarding their suitability, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites and the privacy policy applicable to any such site. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Medibank is not responsible for and will not be liable in respect of any incorrect link to an external website.

Medibank recommends that before you visit any website you check that your computer is running up-to-date virus checking software.  rights.

12. Linking to third party maps

Some of the functionalities of the "Find and Book" and "Find a Provider" services available on My Medibank through the My Medibank App will only be available if you agree to provide Medibank with information about your location.  When you first use these functionalities, you will be asked to agree to provide Medibank with information about your location.  You can withdraw or provide your agreement after this time by altering your mobile smartphone settings. 

If you use the "Find and Book" and "Find a Provider" services available on the mobile smartphone, you will be directed to access a maps application which is provided by a third party.  You will need to agree to access the third party's maps application before you will be given access to that third party application.  By accessing the third party website you are agreeing to be bound by that third party's terms of use.  If you are using an Android smartphone, are directed to access Google Maps provided by Google Inc., and you agree to access those maps, you agree to be bound by Google's Terms of Use.

13. Member Content

Registration with My Medibank enables you to provide information, including your personal information (Member Content). You represent and warrant that:

  1. you own or otherwise control or are otherwise entitled to use, all of the rights to your Member Content;  
  2. any use of your Member Content as contemplated by these Terms of Use will not infringe the rights of any third party; and
  3. your Member Content is true, accurate, complete and up to date. 

14. Indemnity

You agree to defend, indemnify and hold harmless Medibank and its officers, directors, employees and agents from and against all claims, demands, actions, suits, loss, damages, liabilities and costs (including solicitors' costs on a solicitor and own client basis) related to or arising directly or indirectly from any and all of the following:

  1. your conduct as contemplated by these Terms of Use including performance of your respective obligations under these Terms of Use;
  2. breaches by you of these Terms of Use;
  3. conduct and activities occurring under your security credentials;
  4. provision by you of inaccurate, misleading or deceptive information or defamatory, libellous, unlawful or illegal material contained within your Member Content or your information and data; and
  5. claims or demands, whether or not proven, made by any third party, due to or arising from any breach by you of these Terms of Use or any use of My Medibank including its content or services by you or any person using your security credentials, or on the basis that your Member Content or your information and/or data infringes or may infringe any third party's rights.

15. Cookies and tracking

When you visit Medibank websites, our servers collect routine logging information such as the pages visited, the time of your visit, the web browser that you are using, and the IP address associated with your request and will handle your information in line with our Cookie Policy

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 will not be able to access My Medibank.  

16. Suspension and termination

In addition to any other suspension or termination rights specified in these Terms of Use, Medibank may at any time suspend or terminate your registration to My Medibank if in its opinion:

  1. it is not satisfied that a claim you have submitted is in accordance with the Fund Rules;
  2. you breach these Terms of Use;
  3. you commit any dishonest or fraudulent act in relation to My Medibank or these Terms of Use;
  4. you behave in a manner which in the reasonable opinion of Medibank might tend to adversely affect the reputation or public image of Medibank; or
  5. you infringe any intellectual property right or privacy, moral or publicity right of Medibank or any third party.

Upon termination of your registration:

  1. your security credentials will be cancelled and you will no longer be able or entitled to access My Medibank through medibank.com.au or the My Medibank App;
  2. the perpetual licence you have granted to Medibank to use your Member Content shall continue;
  3. your licence to use the materials on My Medibank automatically terminates; and
  4. any provisions of these Terms of Use, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. These shall include without limitation clauses 5, 6, 7, 8, 10.2 and 14 and any other provision in these Terms of Use where such survival is expressly stated.

17. Changes to Terms of Use

These Terms of Use are effective from 27th of March, 2019.  Each time you log in to My Medibank through medibank.com.au or the My Medibank App, you will be taken to be agreeing to these Terms of Use. Medibank may vary these Terms of Use at any time by publishing a revised version of the Terms of Use on medibank.com.au or in the My Medibank App. Please read the Terms of Use whenever you log in to, or access, My Medibank.

18. Using the My Medibank App

18.1      General

You acknowledge and agree that by using the My Medibank App, while you can download the My Medibank App in the Apple App Store or Google Play Store Market free of charge, you may incur charges from your wireless or mobile carrier in accordance with your agreements with them, and that any such charges will be your sole responsibility.

If you download the My Medibank App through the Apple App Store and/or the Google Play Store Market, in addition to the terms set out in these Terms of Use, your use of the My Medibank App is also subject to Apple's End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ or Google Play's Terms of Service available at https://play.google.com/intl/en_au/about/play-terms.html.

These Terms of Use are an End User Licence Agreement (or EULA) for the purposes of the terms of any store where you have downloaded the My Medibank App.

18.2      Minimum Terms Required by Apple

If you have obtained the My Medibank App via Apple's App Store, this clause 18.2 applies.  You acknowledge and agree that:

  1. these terms and conditions are between you and Medibank, and not Apple, Inc. (Apple);
  2. Medibank, and not Apple, is solely responsible for the My Medibank App;
  3. your use of the My Medibank App is subject to Apple's Usage Rules set out in the App Store Terms and Conditions set out at http://www.apple.com/legal/internet-services/itunes/au/terms.html#APPS;
  4. Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the My Medibank App;
  5. in the event of any failure of the My Medibank App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the My Medibank App;
  6. subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Apple will have no other warranty obligation whatsoever with respect to the My Medibank App;
  7. Apple is not responsible for any claims that you have arising out of your use of the My Medibank App;
  8. Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the My Medibank App infringes that third party’s intellectual property rights; and
  9. Apple and its subsidiaries are third party beneficiaries of these Terms of Use and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.

You represent and warrant that:

  1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
  2. you are not listed on any US Government list of prohibited or restricted parties.

19. Other terms and conditions

These Terms of Use are in addition to the terms and conditions:

  1. that apply to any specific transactions undertaken by you (such as on-line application for membership suspension); and
  2. contained in any third party documents and websites accessed from medibank.com.au or the My Medibank App.

20. General

These Terms of Use contain the entire terms and conditions that apply to your registration to and your use of My Medibank. Your rights and obligations under these Terms of Use may not be transferred or assigned directly or indirectly without the prior written consent of Medibank. If the whole or any part of these Terms of Use are invalid, unenforceable, illegal, void or voidable for any reason, these Terms of Use will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

A waiver by Medibank of any breach or a failure to enforce or to insist on the observance of a condition of these Terms of Use will not be a waiver of any other or of any subsequent breach.

Medibank will not be responsible or liable for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.

These Terms of Use are governed by the laws in force in the State of Victoria, Australia. Both you and Medibank irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.

Please call 13 41 90 if you have any comments or questions regarding My Medibank.