Member Portal and Mobile App Terms and Conditions

These Terms of Use govern your access to and use of our Website (navyhealth.com.au) and Digital Services, including our Member Portal and the Navy Health mobile app.

These Terms of use contain important information, including disclaimers and limitations of liability. Your registration to, and use of, Navy Health membership at navyhealth.com.au and/or through Navy Health’s Digital Services constitutes acceptance of these Terms of Use.

We reserve the right to change these Terms and Conditions or the content of our Website or Digital Services at any time without notice. Your continued use of our Website and Digital Services means that you accept those changes and agree to be bound by the Terms and Conditions when accessing our Website and Digital Services.

These Terms are subject to the rules contained in the Navy Health Fund Rules as they apply to all Services and are in addition to any terms:

1. Eligibility for access and level of services

To be eligible to register or access Navy Health’s Digital Services, you must be:

1. 16 years of age or older; and
2. Covered by Navy Health private insurance product where premiums paid are up to date.

Navy Health has the sole right to determine your eligibility for access, the extent of your access and the level of services available via Navy Health’s Digital Services. The range of services that Navy Health makes available to you through Navy Health’s Digital Services may differ depending on whether you access Navy’s Health Digital Services via navyhealth.com.au or through the Navy Health mobile app and depending on the smartphone that you use.

The content and features of Navy Health’s Digital Services, including any part of it’s content and services, may be changed or terminated by Navy Health at any time. In addition, some content and features may only be available if you are 18 years of age or older.

2. Your security credentials (username and password)

Your security credentials enable you and Navy Health to prevent unauthorised access to your personal details. You are entirely responsible for their use, and must always keep your security credentials confidential. You may not permit anyone else to use your security credentials. From time to time, we may require you to re-authenticate yourself or issue directions regarding your use of your security credentials.

We are entitled to assume (and will assume) that you are the user whenever your security credentials are used to access Navy Health’s Digital Services. 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 Navy Health’s Digital Services, leave your computer unattended, or leave the Navy Health mobile app.

3. Access to our Website and/or Digital Services

At our sole discretion, we reserve the right to deny access to our Website and/or Digital Services without notice if you attempt or engage in any conduct we believe:

To be inappropriate, misleading or dishonest;
Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or is likely to offend to others;
Is likely to cause harm to our Website and/or Digital Services, our systems or the systems of others;
Encourages conduct that constitutes a criminal offence, gives rise to civil liability, or otherwise violates a law;
Restricts or inhibits any other user from using or enjoying our Website and/or Services.
Affects the functionality or operation of our Website and/or Digital Services;
Breaches any standards, content requirements, or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code;
To be in violation of our rights or the rights of any other third party, or
Does not comply with these terms and conditions.

We will make all reasonable efforts to ensure that our Website and/or Digital Services are available 24 hours a day, seven days a week.

However, electronic services are subject to interruption or breakdown, and as such, we do not warrant the availability of our Website and/or Digital Services.

4. Accuracy of our Website and Digital Services

We strive to ensure that the content on our Website and Navy Health’s Digital Services is correct and current; however, some content may include errors or events that may occur, which would cause the content to be inaccurate or outdated.

We do not warrant the accuracy, currency or completeness of the content on our Website and Digital Services, or Websites operated by third parties. We are not responsible for any loss or damage you may incur as a result of relying on that content.

5. Links to other Websites

Navy Health’s Website and Digital Services may include links to programs or services that our partners provide, manage, and operate. Health or other information collected via these programs or services is encrypted and securely stored by our partners on their servers. By using Navy Health’s Website and/or Digital Services and clicking or tapping on these links, some of your personal details which could identify you, such as name, date of birth and membership number, will be securely transmitted to our partner to facilitate your engagement in their program or services.

Navy Health will encrypt any such personal information before it is sent and ensure that our partners encrypt and securely store this information on their hosting framework located in Australia. Navy Health will use various security technologies and procedures to protect this information from unauthorised access, use, or disclosure.

By proceeding, you agree to Navy Health transmitting and storing your information this way. If you’d like further information about our partner’s privacy policy or security statements, you can access them during the registration process.

6. Intellectual property

The content on our Website and Digital Services, is protected by copyright. Unauthorised use of our materials may violate copyright, trademark and other intellectual property laws.

Materials on our Website and Digital Services must not be modified, framed, reproduced, publicly displayed, performed, distributed, uploaded to a third party, or used for any public or commercial purposes without our prior written permission.

7. Member Intellectual Property

Registration with and use of certain services via Navy Health’s Digital Services enables you to provide information to Navy Health, including invoices and receipts (Member Content).

You grant Navy Health a non-exclusive, transferable, irrevocable, perpetual, royalty-free licence to use your Member Content.

You represent and warrant that:

1. You own, control or are otherwise entitled to use all of the rights to your Member Content;
2. Any use of your Member Content as contemplated by these Terms of Use will not infringe the rights of any third party, and
3. Your Member Content is true, accurate, complete, and up to date.

8. Trademarks

All trademarks displayed on our Website and Digital Services are trademarks of Navy Health or their respective third-party owners. Nothing contained on our Website, Digital Services or mobile app shall be construed as granting any licence or right of use of any trademark displayed on the Website or Digital Services without the express written permission of Navy Health or their respective third-party owners.

9. Navy Health’s liability

We will not be liable to you or any other person for any loss or damage (whether direct, indirect, special, consequential or economic), however caused, and whether by negligence or otherwise, which may result directly or indirectly from your use of or access to our Website or Digital Services and any material on it. To the extent permitted by law, we disclaim all warranties, express or implied.

You expressly acknowledge and agree that Navy Health does not exert control over uses of the Website or Digital Services. Navy Health is not liable either for their opinions or behaviour, including any information and/or advice, defamatory statements, or offensive conduct.

To the extent that any applicable law, including the Competition and Consumer Act 2010 (Cth), cannot be excluded or impose any liability on us, that liability shall be limited to the re-supply of the relevant information or product or the reasonable cost of re-supplying the relevant information or product.

10. Limitation of liability

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Navy Health 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:

Your access to or use of Navy Health’s Digital Services, websites, or applications linked from Navy Health’s Digital Services;
The information on Navy Health’s Digital Services, websites or applications linked from Navy Health’s Digital Services, being incorrect, incomplete or misleading;
Any reliance on, action or indecision by you based on the information contained on Navy Health’s Digital Services;
Any delay or interruption in access to Navy Health’s Digital Services, websites or applications linked from Navy Health’s Digital Services, and
Any interference, loss, damage or disruption to your smartphone

2. For any personal injury, including death, caused by access to, use or misuse of Navy Health’s Digital Services, including its content and services.

11. Indemnity

You agree to defend, indemnify, and hold harmless Navy Health (and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:

a. Any breach by you of these Terms; and
b. Any suit, claim or demand brought or made against Navy Health by, or due to the conduct, act or omission of:

i. You; or
ii. Any person accessing any content through your Digital Services account.

12. Privacy

We treat your personal information (including sensitive information) with respect and integrity and in accordance with our Privacy Policy. You can access our Privacy Policy regarding your access and use of our site and Digital Services here (Privacy Policy). This details how we collect, handle, use, and disclose your personal information.

Our Privacy Policy forms part of these terms and conditions.

13. Claims Function

13.1 Claims history and claims limits

Navy Health may allow you to access information about specific claims submitted to Navy Health’s Digital Services and/or certain extras claim limits for you, any Authorising Members and, to the extent you are the policyholder or authorised by the policyholder to do so, your Dependants. These functionalities may vary from time to time at Navy Health’s discretion, including, without limitation, in relation to different treatments or services, treatment or service categories, and Navy Health’s private health insurance products.

Claims information, including claim limits, displayed through Navy Health’s Digital Services may not be accurate, complete, or up to date. Reliance on the information displayed in the claims functionalities is entirely at your own risk. You should contact Navy Health’s Member Services directly for more accurate information about claim histories and limits.

13.2 Lodging claims via Navy Health’s Digital Services

You may lodge claims for you or anyone on your membership for most extras services through Navy Health’s Digital Services. Benefits are not payable by Navy Health until applicable waiting periods have been served and/or if applicable limits have been reached.

Each time you lodge a claim via Navy Health’s Digital Services (whether at navyhealth.com.au or through the Navy Health mobile app), you are declaring and agreeing that:

1. All information supplied in connection with the claim is true, correct and supported by valid invoices or receipts (including being itemised in full, written in English, and on the provider’s official stationery or have the provider’s official stamp);

2. Benefits are not payable by the Fund in relation to any service until you have paid the service provider in full for the service;

3. You will retain all invoices and receipts related to the claim for three years from the date of claim;

4. You may be asked to produce relevant invoices or receipts on submission of a claim and/or prior to finalising the assessment of any claim and before the payment of any benefit;

5. If your claims have been selected for audit:

You will provide up to three years of invoices and receipts within 14 days of any request;
Benefits payable to you can be withheld until the valid invoices and receipts are received and verified by the Fund;
Your access to Navy Health’s Digital Services will be suspended until a time when claims can be verified;
A refund of any benefits paid may be sought if a claim cannot be substantiated by valid invoices and receipts;
Navy Health reserves the right to recover any overpayment of any claim which cannot be substantiated from any future claims or premium refunds;
Affects the functionality or operation of our Website and/or Digital Services;
If you do not produce valid invoices and receipts, your claim can be deemed invalid, access to Navy Health’s Digital Services be removed, or your membership with Navy Health can be terminated.

6. Navy Health does not guarantee a response or payment of benefits within any particular period;

7. The successful lodgement of a claim via Navy Health’s Digital Services does not guarantee the payment of any benefit. The payment of benefits is at all times subject to the Fund Rules and policies, as amended from time to time;

8. If the claim has been paid in full, any benefits payable in respect to the claim will be paid to the nominated bank account of the policyholder;

9. You authorise any health service provider to give Navy Health any information as may be necessary to assess the claim;

10. The expenses detailed in the claim are not, and will not be subject to a compensation or damages claim*;

11. You will inform Navy Health immediately if you become aware that any details of the claim are incorrect; 12

12. The services described in the claim were actually provided and received from a Recognised Provider #;

13. You have the facilities to access and receive electronic communications (e.g. email) 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;

14. You consent to the handling of the personal information provided with the claim in accordance with the Navy Health Privacy Policy, and

15. If you are lodging the claim for another person, including any Dependant, 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, the Fund expects the relevant member to pursue that entitlement. The Fund may make provisional benefit payments on application, subject to our Fund Rules and policies. The relevant member must agree to repay such payments, in full, from their final settlement. If a claim for which benefits have been paid later appears to be one in respect of which entitlement to compensation or damages exists, the Fund reserves the right to recover the amount of benefits paid.

# A recognised provider is a health provider whose services are recognised for the payment of benefits by Navy Health.

13. 3 Uploading a file or image

Claims for certain services lodged via Navy Health’s Digital Services must be accompanied by a copy of the official provider receipt on lodgement of your claim.

You agree that for claims submitted via Navy Health’s Digital Services:

1. You grant permission for Navy Health to connect to your phone’s camera and/or image library to upload an image of the provider receipt to lodge a claim.
2. Poor-quality files or images submitted may lead to the rejection of a claim.

You should retain the original invoices and receipts relating to your claim (for a period of three years from the date of claim), as you will not be able to access the file or image via Navy Health’s Digital Services following submission of the claim.

14. Security

We do not warrant that this Website, its content or any other material accessible from this Website, including our Digital Services, is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks. We are not liable for any loss or damage to your system which occurs in connection with our Website or Digital Services.

15. Cookies

We generally use cookies to make a record of your visit and will log the following information:

Your IP address;
The date and time of access to the web site;
Pages accessed and documents downloaded;
The website you arrived from;
The type of browser software in use; and
Where you have allowed your demographics to be tracked, some information about you including age and gender.

We use this information for various purposes, including:

But in each case, data collected cannot be used to identify you personally.

You can choose if and how a cookie will be accepted by configuring the preferences and options in your browser.

16. Applicable Law

These terms are governed by the laws of Victoria, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.

We do not warrant that the content of the Website or Digital Services complies with the laws of any country outside of Australia. If you access the Website and/or Digital Services from outside of Australia, you do so at your own risk; you accept responsibility for ensuring compliance with all laws that apply to you as a result of that access and any consequent transactions or dealings with us.