Community terms and conditions

IDEA EXCHANGE ONLINE COMMUNITY MEMBERSHIP TERMS

These Terms of Membership govern your Membership, participation, access to and use of the Idea Exchange Online Community and contain important information, including disclaimers and limitations of liability.  Your Membership, participation, access or use of Idea Exchange Online Community constitutes acceptance of these Terms of Membership.

1. Definitions

 In these Membership Terms:

Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Confidential Information means all confidential information and includes (a) information about Medibank, and the Medibank Related parties, and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;

Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;

Registration Survey means the application survey and record of personal details submitted by a person applying to be a Member;

Insights means Bastion Insights Pty Ltd (ABN 27 610 294 829);

Medibank means Medibank Private Ltd ABN 47 080 890 259;

Medibank Related Parties means the Medibank group of companies, promotional partners, servants, employees, contractors and agents of Medibank;

Member means a person who has been accepted for membership of the Project;

Membership means a Member's membership of the Project;

Membership Terms includes this document and all documents incorporated by reference;

Project means the Idea Exchange Online Community and established by Bastion Insights to survey the opinions of customers and/or Members for market research purposes;

Website means the Project website located at medibankideaexchange.com.au

2. Membership

2.1 To become and to remain a Member, you must:

• be aged 18 years or over;
• live and be a resident in Australia;
• apply to become a Member by completing and submitting to Bastion Insights the Registration Survey;
• have an active, permanent and operational email address to communicate with Bastion Insights for the purposes of the Project;
• be accepted as a Member by Bastion Insights;
• provide at least one response each calendar month;
• regularly participate in any surveys or discussions in which you are invited to take part, not including the Registration Survey; and
• comply with these Membership Terms.

Bastion Insights has the sole right to determine your eligibility for, and the extent of your access to, the Project.

2.2 Membership numbers are limited. Bastion Insights may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person.

2.3 You may cancel your Membership by sending an email to Bastion Insights and inserting the words "Request Removal" in the subject line.

2.4 By becoming a Member, you consent to receiving emails from Medibank, and Medibank Related Parties and Bastion Insights in connection with the Project, including emails inviting you to participate in research.

2.5 Medibank and Bastion Insights may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.

2.6 Medibank and Bastion Insights may, at their discretion, provide you with Medibank products as part of your participation in the Project. You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Bastion Insights, you will not receive remuneration or reward from Medibank or Bastion Insights for your participation in the Project.

2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity that may cause loss, damage or diminish the reputation of you, Medibank or its products and services.

3. Termination

3.1 Bastion Insights may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).

3.2 If your private health insurance membership with either Medibank is cancelled, suspended or terminated for any reason, your Membership of the Project shall also be rendered inactive and terminated.

4. Project Rewards

4.1 Each time you participate in a Project-related activity, you will be eligible to earn reward points, the number of which you will be notified about at the time of being invited to participate in the said activity.

4.2 Accumulated reward points can be redeemed for products and services via Bastion Insights’ online Rewards Portal, managed by egiftpay.  Click here to learn more about egiftpay.

4.3 Unless otherwise stipulated, 100 points has an equivalent dollar value of $1.

4.4 Rewards can only be redeemed once a minimum balance of 500 points has been accumulated.

4.5 On a regular basis, Bastion Insights will issue emails alerting you to the number of Rewards Points you have accumulated and, provided there are sufficient points, Bastion Insights will issue a redemption code. The redemption code allows you access to the online Rewards Portal, where the code can be exchanged for a wide variety of products and services.

4.6 Each time you are delivered a new redemption code, the associated points will be deducted from your Rewards Points balance.

4.7 Your points will expire after 3 years after being issued.

4.8 Rewards are personal to you and cannot be transferred to another person.

5. Limitation of Liability and Disclaimers

5.1 Except for the statutory guarantees set out in the Australian Consumer Law, Medibank, and Bastion Insights exclude all warranties and disclaim all representations in relation to any goods or services provided to you by Medibank, or Bastion Insights in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available" basis. Medibank does not provide telecommunications services and does not warrant that you will have continuous access to the Project or that it will be supplied fault free.  Medibank will not be liable in the event that the Project is unavailable to you for any reason including 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 the Project at any time. You agree to access and use the Project entirely at your own risk including in relation to all information that you choose to transmit through the Project.

5.2 The information provided via the website or related communications is general information only and is not a substitute for professional health advice, diagnosis or treatment. Nothing on the Website or the Project should be construed as the giving of advice or the making of any recommendations.  You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided through the Project or the Website.

5.3 Medibank does not guarantee the accuracy of any of the information, representation or advice displayed. To the extent permitted by law, neither Medibank accepts responsibility for any loss, injury (including any loss of profits or income, business interruption or loss or corruption of date or other information), damage, illness or inconvenience:

(a)  arising from, as a result of or in connection to:

1.                          i.         your access to or use of the Project;
2.                         ii.          the information contained on this Project(whether by way of negligence or otherwise);
3.                        iii.         any action or indecision by you in relation of the information contained on this Project;  and/or
4.                       iv.         any delay or interruption in access to or use of the Project; and

(b)  for any personal injury, including death, cause by access to, use or misuse of the Project (including its content and services) by you or other Member(s) whether intentionally or unintentionally.

6. Your Privacy and Responses

6.1 If you provide information and Responses to Bastion Insights, Bastion Insights will collect and use the information and Reponses for the purposes of surveying your opinion for market research. Your information and Responses may be disclosed to Medibank and the Medibank Related Parties to assist in improving Medibank respective Websites, and products and services and to contact you in the future with information about marketing research via any medium including but not limited to telephone and commercial electronic messages.

6.2 You can gain access to, update or correct any personal information by contacting the persons identified in Medibank Privacy Policy (http://www.medibank.com.au/Legal-Information.aspx). Medibank also refers you to this Privacy Policy (http://www.medibank.com.au/Legal-Information.aspx) for more information about the handling of personal information. However, these Membership Terms will prevail to the extent of any inconsistency between the Medibank Privacy Policy and these Membership Terms.

6.3 Medibank will not publicly disclose the identity of Members.

6.4 Medibank and Bastion Insights may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.

6.5 If you provide Bastion Insights with personal (including sensitive) information (Information) about another person, you must ensure that, prior to providing the Information about that person to Bastion Insights, the person is aware of how their Information will be handled by Bastion Insights under these Membership Terms and that they consent to Bastion Insights handling their Information in accordance with these Membership Terms.

7. Intellectual Property

7.1 By participating in the Project, you assign to Medibank absolutely all rights, title and interest in your Reponses upon creation and you consent to Medibank, the Medibank Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.

7.2 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to Medibank. You warrant that your Response is accurate and reliable.

7.3 You will provide Medibank, and the Medibank Related Parties with any consent or other permission that Medibank requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, Medibank is not required to pay any fee to use any Responses, no matter how that Response is used.

7.4 All Medibank and the Medibank Related Parties’ trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Medibank or the Medibank Related Parties’ express prior written consent.

8. Website

8.1 Medibank owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not use, change, reproduce, or communicate on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.

8.2 You agree that any "Project", "Medibank" logos are trademarks of Medibank, or the Medibank Related Parties. All rights in those trademarks are reserved by Medibank, and the Medibank Related Parties. Any other trademark appearing on the Website is the property of its respective owner.

9. General

9.1 These Membership Terms may be changed or varied at any time without notice and with immediate effect by Bastion Insights in its absolute discretion.

9.2 Medibank may use an agent or contractor to carry out all or part of the Project in its absolute discretion.

9.3 These Membership Terms are governed by the laws 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.

9.4 You are not, by virtue of your participation in the Project, an employee or contractor of Medibank, or the Medibank Related Parties. The relationship between you and Medibank is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.

9.4 If the whole or any part of these Terms of Membership are invalid, unenforceable, illegal, void or voidable for any reason, these Terms of Membership 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.

9.5 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 Membership will not be a waiver of any other or of any subsequent breach.

9.6 Medibank will not be responsible or liable for failure to perform any obligation under these Terms of Membership 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.

10. Appropriate use of the Project

10.1 You must only use, access or participate in the Project for the purposes described in these terms and conditions.  You must not use or attempt to use Project to:

(a)           corrupt, damage or interfere with the Project or Medibank, Bastion Insights, or third party data, software, hardware, website or information technology systems;

(b)           send any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information or information that infringes third party rights;

(c)           adversely affect the reputation or public image of Medibank, and/or Bastion Insights;

(d)           use or send any offensive, distressful, distasteful or defamatory language or images that are or may be considered offensive or cause annoyance to other Member(s) also using the Project; or

(e)           cause annoyance or inconvenience to Medibank, Bastion Insights and/or any third party or other Member(s).

10.2 You acknowledge that Medibank can terminate your use of the Project if either Medibank reasonably believes that you have breached these Terms of Membership.

10.3 If you are aware of any inappropriate use of the Project that is in breach of these Terms of Membership, for Medibank, please send an email to medibankideaexchange@myinsights.com.au

 11. Indemnity

11.3 You agree to defend, indemnify and hold harmless Medibank, and its officers, directors, employees and agents from and against all claims, actions, loss, damages, liabilities and costs related to or arising directly or indirectly from the following:

(a)    any breach by you of these Terms of Membership; and

(b)    subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), your use of the Project.

12. Other terms and conditions

12.1 These Terms of Membership are in addition to the Disclaimer relating to your use of:

(a) Medibank’s website generally http://www.medibank.com.au/Legal-Information/Disclaimer.aspx

13. Cookies

13.1 If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Medibank's Website and the Project.  Cookies allow Medibank to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website.  Medibank uses cookies to track and collect information about whether you have been invited to the Project already. Cookies will also allow Medibank to recognise your computer while you are on the Project. 

13.2 If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. 

These Terms of Membership were last updated on 5th October 2016.