OSHC Online Member Services (Facility) is a facility established and maintained by Medibank Private Limited ACN 080 890 259 (MPL), its wholly owned subsidiary Australian Health Management Group Pty Ltd ACN 003 683 298 and MPL's other related bodies corporate (together Medibank/we/us/our) which can be accessed at either medibankoshc.com.au or through the Medibank Overseas Student Health Cover App (Medibank OSHC App) for access and use by MPL's Overseas Student Health Cover (OSHC) members whose premiums paid are up to date (you/your).
To be eligible to register to access, and to access, the Facility you must be:
1. the policyholder; and
2. covered by a Medibank branded OSHC policy 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 the Facility. The range of services that Medibank makes available to you through the Facility may differ depending on whether you access the Facility via medibankoshc.com.au or through the Medibank OSHC App. For example, the "Find a Store" functionality is only available through the Medibank OSHC App. We may ask you to verify your identity to facilitate your access to all or part of the Facility, through the medibankoshc.com.au website or the Medibank OSHC app. The method of verifying your identity may include a multi-factor authentication layer. If you do not verify your identity, in the prescribed manner and when requested, you may not have access to all or part of the Facility, through the medibankoshc.com.au website or the Medibank OSHC app.
The content and features of the Facility, including its content and services and any part of any of them may, at any time, be changed or terminated by Medibank.
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 may from time to time for security reasons require you to re-authenticate yourself (including by verifying your identity), 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 the Facility, including where your identity is verified to facilitate your access to all or part of the Facility, through the medibankoshc.com.au website or the Medibank OSHC app. 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 the Facility, leave your computer unattended or leave the Medibank OSHC App.
You must not use or attempt to use the Facility to:
1. access information related to another person other than the name and date of birth of other persons covered by your OSHC membership;
2. perform services related to another person other than to submit a claim on behalf of a person covered by your OSHC membership;
3. send or post any unsolicited messages or any offensive, inflammatory, defamatory, fraudulent, or otherwise unlawful information, reviews or opinions.
Medibank makes the Facility 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 Medibank OSHC App, you agree to:
1. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Medibank OSHC App in any way whatsoever;
3. not use the Medibank OSHC App in any way that could damage, disable, overburden, impair or compromise the Medibank OSHC App; and
4. comply with any applicable law and regulation relating to downloading or technology used or supported by the Medibank OSHC App.
You acknowledge that we can suspend or terminate your use of the Facility at medibankoshc.com.au and/or through the Medibank OSHC App if we reasonably believe that your use of the Facility is interfering with any services provided by us to any members or you permit anyone else to use your security credentials.
You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software and organisation of the Medibank OSHC App and the Facility accessed at medibankoshc.com.au or through the Medibank OSHC App (Medibank Materials) are owned by or licensed to Medibank.
Medibank grants you a non-exclusive, non-transferable, revocable licence to:
1. download the Medibank OSHC App; and
You are allowed to:
1. view the materials that can be accessed through the Facility or print a copy for your personal, non-commercial use or record;
2. use the functionalities in the Facility to perform services for yourself and to lodge a claim on behalf of anyone covered by your OSHC membership.
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 the Facility or in Medibank Materials accessed via the Facility; or
2. subsequently disseminate any Medibank Materials accessed via the Facility to other people.
If you submit any information to Medibank through the Facility, Medibank will own all rights in the content that you submit. Completing any online documents accessible through the Facility 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 medibankoshc.com.au website, the Medibank OSHC App or in materials accessed via the medibank.com.au website, the medibankoshc.com.au website or the Medibank OSHC App.
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
The Facility 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 the Facility (Content Providers), make no representation and provide no express or implied warranty or guarantee about the security of the Facility accessed via the medibankoshc.com.au website or through the Medibank OSHC 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 the Facility via the medibankoshc.com.au website or through the Medibank OSHC App will be uninterrupted.
The content of the Facility 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 the Facility. 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 the Facility (including any errors in or omissions from the content of the Facility), or of any Medibank or third party websites, materials, information, products or services (including third-party products or services) promoted or accessed via the Facility, or their usefulness in achieving any purpose. Information on the Facility 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 the Facility via the medibankoshc.com.au website or through the Medibank OSHC App or that it will be supplied fault free. Medibank will not be liable in the event that the Facility 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 the Facility via the medibankoshc.com.au website and/or through the Medibank OSHC App at any time.
You agree to access and use the Facility via the medibankoshc.com.au website and/or through the Medibank OSHC App, including its content and services (including those provided by third parties), entirely at your own risk.
Medibank makes no claims that the Facility (including the Medibank OSHC App) are appropriate, legal or may be downloaded outside Australia. Access to the Facility (including the Medibank OSHC App) and other content and services may not be legal by certain persons or in certain countries. If you access the Facility (including through the Medibank OSHC App) from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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 the Facility or websites or applications linked from the Facility;
2. the information on the Facility, or on websites or applications linked from the Facility, being incorrect, incomplete or misleading;
3. any reliance on, action or indecision by you in reliance of the information contained on the Facility;
4. any delay or interruption in access to or use of the Facility or websites or applications linked from the Facility; 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 the Facility including its content and services.
Handling of personal information generally
You may lodge claims through the Facility for you and anyone else covered by your OSHC membership for most doctor, pathology and specialist services that have already been paid Benefits are not payable by MPL until applicable waiting periods have been served.
MPL will pay eligible claims into the Australian bank account on file. You accept that it is your responsibility to ensure your bank details are up to date at all times, and to inform us as soon as practical of any changes.
A benefit limit of $1,000 per day applies to claims submitted through the Facility for services that have been pre-approved. Such claims will be assessed and paid automatically. Claims for which benefits exceed the daily benefit limit, and claims for items that have not been pre-approved, will be submitted for manual assessment by the Medibank OSHC claims team. A duplicate claim on the same day of service for the same item number will be rejected and you will be prompted to call MPL to discuss the claim.
All claims must be accompanied by a copy of the relevant service account(s) and receipt(s) for payment, provided by the doctor or other provider that performed the service(s) being claimed for. All receipts/service accounts must be in a format that enables MPL to validate the claims information submitted. Benefits are not payable by MPL in relation to any service until you have paid the provider of the service in full for the service. MPL reserves the right to commence recovery action of (a) any amounts paid where we are unable to validate the claims information submitted or (b) any overpayment of any claim for whatever reason, and the amount paid or overpayment may also be deducted from any future claim.
You are liable for all transactions carried out by you or by anyone carrying out a transaction with your authority or express or implied consent, regardless of when the transaction is processed to your account. You should check your statements and records carefully. If you believe a transaction is wrong or unauthorised you should contact us immediately.
Benefits are not payable by MPL in relation to any service that was rendered more than 2 years prior to the date you lodge your claim with MPL.
Each time you lodge a claim via the Facility, you are declaring and agreeing that:
1. all information supplied in connection with the claim is true and correct;
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, prior to the payment of any benefit in respect of that claim and to verify details of any claims for which we have previously paid a benefit;
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 the Facility does not guarantee the payment of any benefit. The payment of benefits is at all times subject to MPL's Fund Rules, the OSHC Membership Guide and your policy as amended from time to time^; and
14. if you are lodging the claim for another person covered by your OSHC membership, 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 MPL's Fund Rules and OSHC Membership Guide. You can view a copy of the OSHC Membership Guide online at medibankoshc.com.au – Other Information and 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.
9.1 "Find a Provider" function
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the inclusion of any providers in the "Find a Provider" function or the results of any search in the "Find a Provider" function are not to be construed as:
1. an endorsement by Medibank of that provider;
2. a recommendation for the status of the provider's registration with their registration body like the Australian Health Practitioner Regulation Agency (AHPRA);
3. an acknowledgment or representation by Medibank as to fitness for purpose of any products or services provided by any provider; or
4. 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 AHPRA) regarding any conditions or restrictions to the provider's registration.
The "Find a Provider" function only includes Members' Choice general practitioners, hospitals and medical deputising services (after hours doctor home visits) and pathology (Members' Choice Providers). Members' Choice Providers have entered into an agreement with Medibank in relation to the fees the provider can charge, and/or the discounts it can offer, OSHC members for agreed services and to send bills directly to Medibank. The "Find a Provider" function does not, and does not purport to, include all relevant providers of the services covered by the "Find a Provider" function. The providers included in the "Find a Provider" function may change from time to time. Information presented in the "Find a Provider" function is refreshed monthly, with updates reflecting changes to provider details or circumstances.
Depending on the provider you see (including a Members' Choice Provider) you may have out-of-pocket expenses that are not covered by MPL. You should ensure you confirm any out-of-pocket expenses you may have prior to your consultation by contacting the provider. You should also check with us whether the particular service is covered by our agreement with the provider and included in your OSHC cover.
Medibank relies on information provided to it by providers to provide the "Find a Provider" function to you. Some of the information provided by 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 a Provider" function; 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 a Provider" function, the information on the "Find a Provider" function being incorrect, incomplete or misleading, or any action or indecision by you in relation to the information contained on the "Find a Provider" function.
9.2 "View transactions" function
The Facility allows you to view any payments you have made online to extend your OSHC membership and to access the history of hospital and medical claims you have submitted to MPL via the Facility for yourself.. You cannot view the history of hospital and medical claims for any other persons covered by your OSHC membership or any claims you have submitted to MPL through other channels.
Claims information displayed through the Facility may not be accurate, complete or up to date.
You may be required to verify your identity in the prescribed manner and when requested, to access all or part of the “View transactions” function.
Medibank may, from time to time, facilitate access to other services including web-based services delivered by third parties. Where access to these services is via the Facility's web pages or the Medibank OSHC 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 the Facility 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 user of the Facility, including to verify your identity.
This is regardless of whether you have registered for the Facility only in order to be able to access that third party site or whether you have previously registered for the Facility 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 the Facility, you consent to the transmission of this information. You also acknowledge that Medibank is not responsible for any of the services, content, facilities or advice contained in a third party web site.
Medibank recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Some of the functionalities of the "Find a Provider" and "Find a Store" services available on the Facility 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.
Registration with the Facility enables you to provide information, including your personal information (Member Content). You represent and warrant that:
1. you own or otherwise control or are licensed or otherwise entitled to use, all of the rights to your Member Content;
3. your Member Content is true, accurate, complete and up to date.
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:
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
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 the Facility.
1. it is not satisfied that a claim you have submitted is in accordance with the Fund Rules;
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 the Facility through medibankoshc.com.au or the Medibank OSHC 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 the Facility automatically terminates; and
You acknowledge and agree that by using the Medibank OSHC App, while you can download the Medibank OSHC 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.
17.2 Minimum Terms Required by Apple
If you have obtained the Medibank OSHC App via Apple's App Store, this clause 17.2 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 Medibank OSHC App;
3. your use of the Medibank OSHC 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 Medibank OSHC App;
5. in the event of any failure of the Medibank OSHC App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Medibank OSHC 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 Medibank OSHC App;
7. Apple is not responsible for any claims that you have arising out of your use of the Medibank OSHC App;
8. Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Medibank OSHC App infringes that third party’s intellectual property rights; and
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.
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 medibankoshc.com.au or the Medibank OSHC App.