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• Terms of Use - GMFHealth.com

Terms of Use

Welcome to the GMF Health website! We have created this website for the information of our Members. There are, however, a few important rules governing its use which you should read carefully.

By accessing and using this website, you agree to be bound by the following terms and conditions of use (‘Terms of use”), which constitute a legal agreement between you and GMF Health. Do not use this website if you do not agree to these terms of use.

The Terms of Use include our Privacy Policy and any additional terms outlined elsewhere on this website.

First, for some legal introductions. Any reference to "GMF Health", "we", "us", or "our" in these Terms of Use is a reference to HealthGuard Health Benefits Fund Limited ABN 26 054 321 274 which is a health benefits organisation under the National Health Act carrying on business as GMF Health and under other business names.

We may change these Terms of Use at our discretion without notice. Your continued use of this website after any such changes constitutes your acceptance of the new Terms of Use. We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates.

These Terms of Use apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

If you become aware of any use of our site that you think is not complying with these Terms of Use, please contact us.

Personal Use

This website is provided for personal, non-commercial use only. Unless otherwise agreed with us in writing, you must not make any use of this website for commercial gain. You may not mirror any part of this website, unless expressly agreed with GMF Health.

If you have any questions about advertising on our website, or the commercial use of any of the services we provide, please contact us on 1300 653 099.

Privacy

The privacy of all information regarding our Members and website users is of utmost importance to us. For information about our collection and use of information in connection with this website, please read our Privacy Policy.

If you specifically and knowingly provide any personal information to us via this website, you consent to GMF Health using that personal information lawfully at its sole and absolute discretion, including for the purposes of providing promotional and marketing materials by other means. You must obtain the consent of any third person whose personal information you post to this website.

Disclaimer

This website and its content are provided "as is" and without any express or implied warranties of any kind, including implied warranties of title or implied warranties of merchantability, satisfactory quality or fitness for any particular purpose.

While GMF Health uses all reasonable efforts to ensure the accuracy, correctness and reliability of our website and its content, we do not represent that our website or its content will be error-free or warrant the accuracy or suitability of the information or links provided on the website.

GMF Health excludes, to the maximum extent permitted by law:

• all liability whatsoever in relation to use of this website and the information contained in it, including any reliance on such information and loss or damage caused by GMF Health’s negligence, a breach of your computer's security, the transmission of any computer virus, any breach of these terms, or otherwise;
• all warranties in respect of this web site and the information contained in it (including the content of or use of this web site, the security of your computer in accessing this web site, computer viruses, the availability, uptime and security of this web site and the integrity of data accessed through this web site) are excluded; and
• any liability which might arise as a result of the contents of these pages or this website.

You specifically agree that GMF Health shall not be responsible or liable for:

• any unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our website;
• any threatening, defamatory, obscene, offensive or illegal content or conduct of any third party or any infringement of another's rights by any such third party, including intellectual property rights.
• any content sent by any third party using and/or included in this website or any service available from this website.

Certain content displayed on this website may be sourced from, and certain links on or from this website may lead to, sites and resources located on servers maintained by others over whom we have no control. We make no representation as to, and accept no liability for, the use of such content or such links or the accuracy or any other aspects of that content or the information.

Complaints

If you have any complaints about the website or its content, please contact us by calling 1300 653 099. We will make all reasonable efforts to address your complaint and, if appropriate, will arrange for the content in question to be removed or revised.

Following recent changes to the law in Australia, members of the public may now also complain to the Australian Broadcasting Authority about Internet content which is, or may be, prohibited by law. The posting of such material on our website is strictly prohibited. The transmission of such material using services available on our website is also strictly prohibited.

However, if you become aware of any Internet content which is, or may be prohibited by law, you may lodge a complaint with the ABA. Details regarding how to make a complaint can be found on the ABA website at: http://www.aba.gov.au/contentreg/complaints/internet.shtml.

Alternatively, you can contact:

The Manager Online Services Content Regulation
Australian Broadcasting Authority
GPO Box Q500, Queen Victoria Building, NSW, 1230
FAX: (02) 9334 7783
Email: online@aba.gov.au

GMF Health Intellectual Property

Unless otherwise indicated, GMF Health owns the copyright in the content on this website. Some of the copyright in the content may be owned by someone else and if so, is included on our website under a licence or agreement.

You may only access and use the content for non-commercial or personal use unless you have prior written approval from us. You may print out any content on this website for your personal use. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law).

None of the content or any part of it may be reproduced on any other Internet website.

If you seek to reproduce or otherwise use the content in any way it is your responsibility to obtain consent for such use. GMF Health uses the logo which appears in this web site. Use of that logo by others without written consent is prohibited.

Waiver of Legal Right

If you breach any of these Terms of Use, and GMF Health has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of GMF Health’s legal rights.

Any waiver of these Terms of Use will only be effective if it is in writing and signed by GMF Health.

Linking to this Website

You may link to our website for non-commercial personal use. If you are interested in linking to our website for commercial purposes, or becoming otherwise affiliated with GMF Health, please contact us on 1300 653 099.

Any linking for commercial purposes may only be done with our express agreement.

Governing Law

Unless expressly stated to the contrary, these Terms of Use are governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning this agreement.

GMF Health has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if GMF Health considers (in its discretion) that such action is necessary or desirable.

In the event that any of these Terms of Use are invalid, those invalid Terms of Use shall be excised and the remaining provisions shall remain in full force and effect.

Version Information

These Terms of Use are Version 1.0, and were last updated in March 2006.