Bupa Wellness

Bupa Wellness Portal Terms and conditions

When you access or use the Bupa Wellness Portal located at portal.bupawellness.com.au (“Portal”), you agree to be bound by these terms and conditions ("Terms").

Access to and use of this Portal is provided by Bupa Wellness Pty Ltd (ABN 67 145 612 951) ("Bupa Wellness", "We", "Us" and "Our") on the following Terms. 

We reserve the right to change these Terms, the Portal and any content available on or accessible from this Portal (“Content”) at any time by publishing these changes online. By continuing to use the Portal, you are taken to have accepted any changes to the Terms.

For further details please contact Us on 1300 881 580

1. Disclaimers, liability limitation and indemnity

        1.1. Disclaimer

To the extent permitted by law, Bupa Wellness, its affiliates and related bodies corporate (as defined by the Corporations Act 2001 (Cth)), will not be liable (whether in contract, tort (including negligence) or otherwise) for any loss or damage (whether direct, indirect, special or consequential) suffered by you in connection with your use of or access to this Portal and its Content, or any failure to provide this Portal or particular Content.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. Your reliance on the completeness, accuracy, suitability, currency or availability of the Portal or its Content.
  2. Your reliance on the Content (including in a Bupa Wellness Service Report) to make any medical and treatment decisions. You agree that you must seek independent professional medical advice and/or diagnosis before making any medical and treatment decisions.
  3. Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
  4. Failure to complete a transaction or any loss arising from e-commerce transacted on the Portal.

You are responsible for any personal information, health and medical information or other material that you or a third party, including an authorised delegate, have provided to Bupa Wellness for the purpose of the Bupa Wellness Service Report. We do not verify or review the accuracy of the information you provide.

        1.2. Limitation of liability

Bupa Wellness’ total liability to you (if any) arising out of or in connection with your access or use of the Portal shall be limited, at our election, to: 

  1. In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and 
  2. In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free. 

        1.3. No advice given

The Content on this Portal (including health and wellness information) is not designed or intended to serve as a substitute for advice or diagnosis from an independent qualified healthcare professional. Content provided on this Portal is either: 

  1. general in nature and does not take into account the specific health issue, disease, problem or health concern you may have; or 
  2. personalised (if in the form of a Bupa Wellness Service Report) and designed to provide you with a general indication of your overall health status by measuring certain health indicators. This Content is not diagnostic and cannot detect all relevant health conditions. 

Where We mention specific third party branded products or services on this Portal, this does not constitute a recommendation made by Bupa Wellness, unless expressly stated.

You agree that you will not seek to rely upon the Content on this Portal as health advice to remedy, address or self-treat any problems or concerns you may have either for yourself or for any other person. For a full assessment of health, the diagnosis of any symptoms and/or treatment options advice, you should speak to your treating doctor or other health professional.

        1.4. No warranties

Bupa Wellness does not guarantee or warrant:

  1. the quality, accuracy, completeness, suitability, currency or availability of the Portal and its Content;
  2. that the Portal functions will meet your requirements. 

This Portal and its Content are provided on an “as is” and “as available” basis, with no representations or warranties of any kind, either express or implied (except those which cannot be lawfully excluded).

You assume total responsibility and risk for your use of and reliance upon this Portal and its Content.

        1.5. Third Party Links

This Portal may contain links to third party websites for your convenience, that are not owned or controlled by Bupa Wellness (“External Web Sites”). We are not responsible for the content or operation of these External Web Sites. Links to External Web Sites do not constitute or imply endorsement by Bupa Wellness of the information they contain, or any products or services they reference. Your navigation to any linked website is at your own risk.

        1.6. Indemnity

You indemnify Bupa Wellness and its affiliates and related bodies corporate against all liability, cost, expense, loss and damage incurred or suffered by Us as a direct or indirect result of you using this Portal.

2. Bupa Wellness Portal Access

        2.1. Accessing the Portal

Bupa Wellness makes the Portal available to its corporate clients by sending a representative of that organisation an invitation to create an account.

Bupa Wellness makes the Portal available to individual clients who have received a phone-based Bupa Wellness Service from Bupa Wellness by sending that individual an invitation to create an account.

It is possible for an individual to have access under one account both as a representative of an organisation and as an individual who has received a Bupa Wellness Service.

You warrant that any information you provide to Us is true and correct.

You are responsible for maintaining the confidentiality of the username and password you create which gives you access to the Bupa Wellness Portal and you agree not to provide these login details to any other person.

        2.2. Identity

When you access the Bupa Wellness Portal, you warrant that you are authorised to transact on behalf of your organisation (for corporate access) and/or that you are the named individual client who has received the Bupa Wellness Service from Bupa Wellness (for individual access). Note that the Portal allows corporate and individual access under the one account.

Bupa Wellness assumes you are an authorised user whenever your password is used to sign into the Portal and accepts no responsibility for access to, or online transactions conducted on the Portal in circumstances where access has been gained by someone who is not authorised on behalf of your organisation or who is not the individual client who has received the Bupa Wellness Service from Bupa Wellness. If you become aware of any unauthorised access to, or transactions on, your Portal account, you must notify us immediately on 1300 881 580.

        2.3. Dual access and granting access to another representative

If you have dual access (both as an organisational representative and individual client) you will be permitted to access both organisational information and your own personal health data through the one Portal account. It is imperative that you do not provide your login details to another organisational representative because they will be able to access any personal health data on the Portal.

If another member of your organisation requires access to the Portal on behalf of your organisation, you must [insert process i.e contact Bupa Wellness on [email] and provide the new representative’s email address] and Bupa Wellness will promptly send an invitation to create a new Portal account.

        2.4. Maintenance and Availability of Profile

You acknowledge that outages and downtime may occur in relation to the Portal, including during any Portal system maintenance (whether scheduled or otherwise). We make no representation about the availability of the Portal. We may also impose limits on your use or access to the Portal, including as required by law or if you breach these terms and conditions.

3. User conduct

        3.1. Lawful and authorised use only

You must use this Portal for lawful purposes only, including but not limited to the following purposes as applicable, to access and view Content, purchase health and wellbeing goods and services, download your Bupa Wellness Service Report or letter of recommendation to seek further medical advice, to access and update your account details, and to submit enquiries or feedback to Bupa Wellness.

        3.2. Prohibited Use

You must not (a) use this Portal in a manner which, or (b) upload, post, transmit or otherwise make available through this Portal any material which:

  1. violates or infringes the rights of others (including intellectual property or privacy rights);
  2. impersonates another person;
  3. Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; or
  4. affects the functionality or operation of this Portal or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).

4. Intellectual Property Notices

        4.1. Copyright Notice

Copyright in the Content (including text, graphics, videos, images, x-rays, audio clips, architecture, coding, design elements and interactive features) is owned or licenced by Bupa Wellness. You may download or print hard copies of Content for your personal, private, non-commercial use. Otherwise, you may not reproduce, adapt, upload to a third party, publish or communicate any of this Content without Our prior written consent (except as necessary for viewing the Content on your browser, or as permitted under the Copyright Act 1968 (Cth)). However, you may reproduce and communicate your own Bupa Wellness Service Report or letter of recommendation to your treating doctor or other qualified healthcare professional as desired. 

Nothing that you do on or in relation to the Portal and its Content will transfer any rights in same.

        4.2. Trade Mark Notice

Bupa and Bupa Wellness and any other trade marks associated with Bupa Wellness, are trade marks owned by Bupa Wellness or its related bodies corporate. You may not use Our trade marks without Our written consent. Third party trade marks which feature on the Portal are owned by the respective third party. Unless expressly stated, the use of a third party trade mark on Our Portal does not indicate any association with, or endorsement by Bupa Wellness, of that third party or its products/services.

5. Privacy, cookies and Google

        5.1. Privacy

Bupa Wellness takes your privacy seriously. Any personal information you provide through your use of the Portal, will be handled in accordance with the Bupa Wellness Privacy Policy which is available at https://bupawellness.com.au/terms/privacy_policy.html

        5.2. Cookies

A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.

Bupa Wellness generally uses cookies to make a record of your visit to the Portal and may log the following depersonalised information:

  • Your server address;
  • Your top-level domain name;
  • The date and time of access to the Portal;
  • Pages accessed and documents downloaded;
  • The previous website visited;
  • The type of browser software in use.

Bupa Wellness uses this information for various purposes including:

  • Statistical purposes;
  • To enable you to access online services;
  • To determine whether you have previously used parts of the Portal or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the Content and facilities of this Portal.

6. General Terms

        6.1. Governing Law

These Terms are governed by the law in force in Victoria, Australia. You agree that any disputes will be determined by the courts having jurisdiction in Victoria in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.

        6.2. Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability of the remaining Terms will not be affected.

        6.3. No offers where illegality arises

Nothing on this Portal constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.