Terms And Conditions
Please read these terms and conditions carefully before you use the Health Deal website or call centre.
By using the Health Deal website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Health Deal website or call centre.
Health Deal Pty Ltd is owned by the Packleader Group of companies. This Agreement is made between you the customer (“Customer”) and Packleader Pty Ltd, (ABN 65 137 998 666) registered in Australia, having its registered office at Level 4, 973 Nepean Hwy Bentleigh VIC 3204.
In this Agreement, unless the context otherwise requires:
“Internet” means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”);
“Law” means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Health Deal or the Customer is from time to time subject:
“Partner” means any Health Insurance Fund partner of Health Deal which may have policies selected by Health Deal from time to time and who is listed on the Health Deal website, as well as other entities owned by Packleader Group.
“Service” means the service provided by Health Deal via the Health Deal website or call centre whereby the Customer may obtain impartial information on the Health Funds and the policies they offer and, potentially transact with the Health Funds for the provision of those policies;
“Software” means any proprietary software utilised by Health Deal to enable the Customer to use the Service;
Health Deal reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted online. The Customer may terminate the Agreement by written notice to Health Deal if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the Health Deal website will be deemed to constitute acceptance of the new terms and conditions.
PROVISION OF THE SERVICE
Use of the Services, the Health Deal website and the Health Deal call centre are subject to the terms and conditions set out in this Agreement. The Service is made available to Customers solely to communicate information and to permit the Customer to obtain with Health Deal and its Partners. Health Deal will not be party to any such transactions with Partners and all such transactions are subject to the terms and conditions of the relevant Partner and Health Deal shall in no circumstances have any liability whatsoever in respect of any such transaction.
Health Deal will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure of its Partners to transmit or deliver any policies or services). The Customer acknowledges that where relevant, Health Deal may pass his or her details to Partners for the purpose of attracting offers for policies and services from such Partner. Health Deal will notify the customer prior to sending such details to Partners and the customer can opt out at any time.
Health Deal does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Health Deal website, the Health Deal call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to a Partners information, policies or services shall rest with that Partner.
Health Deal will use all reasonable endeavours to ensure that the information relating to Partners policies and the cost of such policies is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer’s responsibility to verify prices with the Partner. Health Deal does not provide guarantees over the internet Services. In the event of a problem the Customer should report it by telephone on the support number provided to the Customer.
Health Deal does not warrant that the Customer’s use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.
Health Deal reserves the right to make its Service unavailable at any time, or to restrict access to parts or all of it without notice.
Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or Health Deal website:
To send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
To cause annoyance, inconvenience or needless anxiety;
To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
Other than in conformance with accepted Internet practices and practices of any connected networks; or
In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
If the Customer uses (or anyone other than the Customer, with Customer’s permission uses) the Service in contravention of this Agreement, Health Deal may suspend the Customer’s use of the Services. If Health Deal suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Health Deal that there will be no further breach of the provisions of this Agreement. Health Deal reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2. The Customer grants Health Deal a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence. Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content. The following uses of the Services are expressly prohibited:
Resale of the Services and/or the Health Funds services, products and/or policies without the prior written consent of Health Deal or the relevant Health Fund;
Furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
Attempting to circumvent Health Deal’s security or network including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks;
Executing any form of network monitoring which will intercept data not intended for the Customer;
Sending unsolicited mail messages, including the sending of “junk mail”; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, the Customer may not send that person any further email;
Creating or forwarding “chain letters” or other “pyramid schemes” of any type , whether or not the recipient wishes to receive such mailings;
Malicious email, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of emails); and
Entering into fraudulent transactions with Partners (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
Unauthorised use, or forging, or mail header information.
Use of the Health Deal website is currently free. However, Health Deal reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.
The Customer shall be responsible for transmitting all payments due to Health Funds on the terms agreed with the relevant Fund and Health Deal shall have no responsibility for transmission of payments to a Fund. Certain Health Funds will require details of the Customer’s credit or debit card and the Customer hereby agrees to provide such details to Health Deal where necessary and to the forwarding of such details by Health Deal to the relevant Banking Institution or Health Fund.
Health Deal will inform the Customer of any applicable terms and conditions imposed by an Insurer, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions. The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Health Deal of any changes to such information. Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify Health Deal if any authorised third party becomes aware of that password.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Health Deal website, information and content on the Health Deal website, any database operated by Health Deal and Software shall remain the property of Health Deal and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights. No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions. Health Deal logo is a registered trade mark of Health Deal. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Health Deal. Health Deal grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
Health Deal shall be entitled to suspend the Services and/or terminate this Agreement if:
The Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
Health Deal suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Health Deal or any Partner of Health Deal.
The right to terminate this Agreement shall not prejudice any other right or remedy of Health Deal in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
The Customer shall compensate Health Deal in full for each loss, liability or cost incurred by Health Deal arising out of:
Any claims or legal proceedings arising from the Customer’s use of the Services or use of the Services through the Customer’s password which are brought or threatened against Health Deal by any other person; or
Any breach of this Agreement by the Customer.
LIMITATION OF LIABILITY
Health Deal will use its reasonable endeavours to ensure that information provided to it by Insurers is accurate but we cannot guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information accessed using the Services.
Health Deal will accept liability for the transmission or the reception of, or the failure to transmit or to receive, material except where such transmission, reception or failure is caused by or relates to third party or Customer systems.
Except for the circumstances set out at clauses 8.1 and 8.3 above, Health Deal will not be liable for any loss or damage suffered as a result of any use of the Services, including any direct loss or damage, and any loss or damage which could not be contemplated by the Customer and Health Deal at the time of the Customer’s use of the Services. Health Deal also has no liability for any failure by an Insurer to supply its policies properly or at all. That liability rests with the Insurer with whom the Customer has contracted. In the event the Customer is using the Services for commercial purposes, no liability for loss of revenue, profits or other economic loss, or for corruption or destruction of data, arising out of a breach of this Agreement can be accepted by Health Deal.
NO PARTNERSHIP / AGENCY
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Health Deal and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Health Deal shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
Health Deal shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
ENTIRE AGREEMENT AND NO WAIVER
This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written. No waiver by Health Deal of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Health Deal to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Health Deal or to Health Deal at its address as specified on the Health Deal website.
This Agreement shall be governed by and construed in accordance with the laws of Australia and both parties hereby submit to the non-exclusive jurisdiction of the courts of Australia.
Level 4 973, Nepean Hwy
Moorabbin VIC 3189
Alternatively, you can call us at health deal on 1300 369 399
By disclosing your personal information to Health Deal, you consent to the collection, storage and processing of your personal information in the manner set out in these Terms and Conditions.
Non-personalised Health Deal online banner advertising
We use third-party advertising technology to serve ads when you visit our website and sites upon which we advertise. This technology uses information about your visits to this website and the sites upon which we advertise to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we use web beacons, provided by our third-party ad server, to help manage and optimise our online advertising. These web beacons enable our ad server, on our behalf or on behalf of our agent, to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our website. Our third-party ad server is performing its functions on our behalf or on behalf of our agent, and we may, directly or indirectly, instruct such ad server to enable other service providers to receive information about our site related to our online advertising.
Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive our cookies, we cannot guarantee that your experience with our website will be as quick or responsive as if you do receive cookies.
We do not store passwords or any other information about a visitor in a cookie that could identify them, their location, their preferences or their financial activity.
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
All rights not expressly granted herein are reserved.
Acceptance of Terms and Conditions
Your use of Health Deals website and/ or call centre indicates your agreement to be bound by the Terms and Conditions.