Terms of Use

My Medibank 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 (togetherMedibank/we/us/our) at medibank.com.au for access and use by MPL's private health insurance members whose premiums paid are up to date (you/your).

These Terms of Use govern your access to and use of My Medibank.

These Terms of Use contain important information, including disclaimers and limitations of liability. Your registration to, and use of, My Medibank constitutes acceptance of these Terms of Use.

1. Eligibility for access

To be eligible to register to access, and to access, My Medibank you must be 16 years of age or older. 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.

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 its use and you must keep it confidential at all times. You may not permit anyone else to use 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, or before you leave your computer unattended.

Any individual registration permits access on a single computer at any one time, using the security credentials for that registration. You may use any number of machines to access My Medibank from time to time, but will only be able to log on to My Medibank on one machine at any one time.

3. Communications via My Medibank

We use the My Medibank web pages and messaging facility 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. access information or perform services related to another person (unless expressly permitted by us or that other person); or
  2. send or post any unsolicited messages or any offensive, inflammatory, defamatory, fraudulent, or otherwise unlawful information.

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.

You acknowledge that we can suspend or terminate your use of My Medibank 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 My Medibank (Medibank Materials) is owned by or licensed to Medibank.

Medibank grants you a non-exclusive, revocable licence to use My Medibank for your personal use in accordance with these Terms of Use. You are allowed to view the materials online or print a copy for your personal, non-commercial use or record, and you may use our online documents to perform self-service (eg to change personal details or lodge claims) to the extent that you are authorised to perform such self-service.

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 complete any online documents on My Medibank or in materials accessed via My Medibank, Medibank will own all rights in the content that you enter into those documents. Completing those online documents, 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 this website or in materials accessed via this website.

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 "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, 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 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 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 at any time.

You agree to access and use My Medibank, including its content and services, entirely at your own risk.

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

All results from the calculators in relation to private health insurance cover are simulations which are indicative approximations only and are neither a quote nor a pre-qualification for cover.

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 linked from My Medibank;
    2. the information on My Medibank, or on websites linked from My Medibank, being incorrect, incomplete or misleading;
    3. any action or indecision by you in reliance of the information contained on My Medibank; and
    4. any delay or interruption in access to or use of My Medibank or websites linked from My Medibank; and
  2. for any personal injury, including death, caused by access to, use or misuse of My Medibank including their content and services.

8. Privacy

MPL is committed to protecting the privacy of your personal information and will handle your information in line with our Privacy Policy

9. Claims functionalities

  1. General

    My Medibank may allow you to access certain information about claims you have submitted to MPL and/or claim limits. 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.

    Claims information, including claim limits, displayed through My Medibank may not be accurate, complete or up to date. In relation to claim limits, sub-limits and waiting periods may apply and these may not be displayed through My Medibank. Benefits are not payable by MPL until applicable waiting periods have been served.

    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 your claims history and claim limits.

  2. Lodging claims via My Medibank

    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 hospital or 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. 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;
    13. 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 policies and the OSHC Membership Guide as amended from time to time^; and
    14. if you are lodging the claim for another person, 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 (for members with resident covers and Visitors Covers) and the OSHC Membership Guide (for members with Overseas Student Health Cover). You can view a copy of these documents 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.

10. 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 (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 the My Medibank pages 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.

11. 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 patent, copyright or other intellectual property, or any moral, privacy or publicity rights.

12. 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.

13. 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 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;
  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 and 11 and any other provision in these Terms of Use where such survival is expressly stated.

14. Changes to Terms of Use

Each time you log in to My Medibank, you will be taken to be agreeing to these Terms of Use. 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.

15. 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 this website.

16. 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.

These Terms of Use were last updated on 26/11/2015.