Online Support Services Terms of Use

Medibank Health Solutions has been engaged by Beyond Blue to provide online support services, via the Beyond Blue website, to people who are experiencing depression or anxiety or people trying to help someone else with depression or anxiety. Medibank Health Solutions is a specialist organisation with expertise in providing mental health counselling and support. Medibank Health Solutions also provides the Beyond Blue Coronavirus Mental Wellbeing Telephone Support Service - 1800 512 348. Your use of the online support services is subject to the Terms of Use below, which contain important information (including warranty disclaimers and limitations of liability). Your use of the online support services constitutes acceptance of these Terms of Use.

The Terms and Conditions related to the Beyond Blue website is set out at: www.beyondblue.org.au/general/terms-of-use

  1. Information is of a general nature only and no warranties are provided

    The information provided during your interaction(s) with the online support services is for general information purposes only and it should not be regarded as advice, including legal or medical advice. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Medibank Health Solutions and Beyond Blue do not give any express or implied warranties and make no representations in relation to the online support services. Information obtained from the online support services should not be used without validating that the information from appropriate sources including obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.

  2. Viruses

    In addition, subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), and while all care is taken to ensure a virus free and private environment Medibank Health Solutions and Beyond Blue do not warrant that the online support services are free from any computer viruses or other defects.

  3. Limitation of liability

    Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Medibank Health Solutions and Beyond Blue exclude all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms of Use or the online support services.

  4. Access and communication

    Medibank Health Solutions and Beyond Blue do not warrant that you will have continuous access to the online support services. Medibank Health Solutions and Beyond Blue will not be liable in the event that the online support services are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities on the Beyond Blue website or interruption in telecommunications supply. Please remember that if the online support services are unavailable, you may access support services by calling Beyond Blue Coronavirus Mental Wellbeing Support Service - 1800 512 348.

  5. Privacy

    Any personal information that you submit to Medibank Health Solutions is subject to and will be handled in accordance with Medibank Health Solutions Privacy Policy (Privacy Policy) and the Personal Information Collection Statement for the Beyond Blue Coronavirus Mental Wellbeing Support Service (Collection Statement) below. The Privacy Policy and Collection Statement form part of these Terms of Use.

    The Privacy Policy is set out at: www.medibankhealth.com.au
    The Privacy Collection Statement for Beyond Blue is set out at: www.beyondblue.org.au/general/privacy-collection-statement

  6. Privacy & Third Party Providers

    Medibank Health Solutions and Beyond Blue do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Medibank Health Solutions and Beyond Blue do not guarantee the security or confidentiality of these communications or the security of the online support services. Medibank Health Solutions and Beyond Blue do not provide, and have no control over, communication, networks or services, the internet or other technology used or required to access the online support services and accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

  7. Cookies

    If your web browser is set up to accept cookies, a cookie will be stored on your system when you visit the online support services. Cookies allow Medibank Health Solutions to distinguish unique visitors and control the flow of pages within the site. Your activity on this site will be logged, which will include the IP address of your system (a unique number assigned to your computer system or location when you connect via an Internet Service Provider). 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 may not be able to properly use the online support services.

  8. Intellectual property

    All intellectual property rights, including copyright and patents, in the online support services, and all components in these services are owned by or licensed to Medibank Health Solutions. You must not copy, modify or transmit any part of the online support services.

  9. Prohibited uses

    In using the online support services, you must not:

    • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
    • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate (including any material that infringes intellectual property rights);
    • use any automated scripting tools or software;
    • engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, data mine or use robots or other data collection methods;
    • impersonate or falsely claim to represent a person or organisation;
    • send unsolicited emails or spam;
    • Post, link to, distribute or transmit any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
    • breach any laws or regulations which are applicable to your use of this Website in your jurisdiction.

  10. Termination

    Medibank Health Solutions may at any time immediately terminate your access (including restricting access) to the online support services (including due to your breach or alleged breach of these Terms of Use) in its sole discretion and without prior notice. Any limitations of our liability survive such termination.

  11. Jurisdiction and law

    These Terms of Use are governed by and must be construed in accordance with the laws of the State of New South Wales (NSW), Australia. You submit to the non-exclusive jurisdiction of the NSW courts and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, their performance and subject matter.

  12. Severability

    Each provision of these Terms of Use is severable from the others and severance of a provision will not affect any other provision.

  13. Changes to the online support services and Beyond Blue website

    The online support services are subject to change at any time without notice and may contain errors. Medibank Health Solutions and Beyond Blue may from time to time review and update these Terms of Use to take account of new laws, regulations, products or technology. Your use of the online support services will be governed by the most recent Terms of Use. By continuing to use the online support services, you agree to be bound by the most recent Terms of Use.

  14. Contacting Medibank Health Solutions

    If you have questions about the online support services, these Terms of Use or Medibank Health Solutions Privacy Policy, please contact Medibank Health Solutions at privacy@medibankhealth.com.au

  15. Personal Information Collection Statement for Beyond Blue Beyond Blue Coronavirus Mental Wellbeing support service and Medibank Health Solutions (which may be referred to as "we" or "our" in this collection statement) complies with the Privacy Act 1988 (Cth) to ensure that your personal information is protected.

  16. Collection, Use and Disclosure of Your Personal Information

    We will only collect and use your personal information to provide you with the online support services (primary purpose), including to:
    • provide you with information and referrals;
    • manage our relationship with you (including if you contact the Beyond Blue telephone support service provided by us);
    • resolve any legal and/or consumer complaints or issues; and
    • comply with our legal obligations to report a risk of harm to you or another person.

    We will only collect your personal information directly from you, or a person authorised by you to provide this information on your behalf. In order to carry out the primary purposes listed above, we may disclose your personal information to persons or organisations such as:
    • other parties who we refer you to for further assistance such as a local counsellor. We will only provide your personal information to these people with your express consent; and
    • other parties to whom we are authorised or required by law to disclose such information, such as government authorities or emergency services.

    We will need to disclose your personal information to the relevant authority if we become aware that:
    • there is a child or young person at risk of harm. This includes physical, sexual, emotional, psychological abuse or neglect; or
    • there is a serious risk of harm to you or another adult person.

    We will only use your personal information for the purpose for which we collect it (primary purpose), unless:
    1. There is another purpose (secondary purpose) and that secondary purpose is directly related to the primary purpose, and you would reasonably expect, or we have informed you, that your information will be used for that secondary purpose;
    2. you have given your consent for your personal information to be used for a secondary purpose (e.g. for research and quality improvements); or
    3. We are required or authorised by law to use your personal information for a secondary purpose.

    For example, we may use your personal information to:
    1. appropriately manage or run our business, such as helping us evaluate and develop our services, conducting research and training personnel.

    You will have the option of using the online support services anonymously or using a pseudonym if you wish. However, if you do not provide the personal information requested of you to us, we may not be able to provide you with all of the advice and referrals that we would otherwise be able to.

    Access to Your Information and Contacting Us Medibank Health Solutions will allow you to access and correct personal information we hold about you, as required by law. If you have any queries about how Medibank Health Solutions handles your personal information, or would like to request access to that information, please contact the Privacy Officer, Medibank Health Solutions at privacy@medibankhealth.com.au .