MyHealthcare Terms of Use

1. Welcome to MyHealthcare and thank you for taking the time to read these Terms of Use, which apply in respect to your use of MyHealthcare and all information, services and applications we offer or provide on MyHealthcare (“MyHealthcare Services”).
2. For the purposes of these Terms of Use, "Southern Cross" means Southern Cross Healthcare Limited.
3. These Terms of Use apply to any user of MyHealthcare whether they are a visitor, account holder, health professional or otherwise.
4. You are not permitted to use MyHealthcare if you are 15 years of age or younger. A parent or guardian may create a MyHealthcare account for children under the age of 16 after consultation with a Medical Specialist. In such situations, the parent or guardian agrees to these Terms of Use and will be responsible for all activities that are performed on the MyHealthcare account of the minor.
5. By accessing and using MyHealthcare you are deemed to have agreed to these Terms of Use and all applicable Southern Cross policies. Southern Cross may change these Terms of Use from time to time and accordingly you should check these Terms of Use regularly. Your continued use of MyHealthcare will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using MyHealthcare.
6. By using MyHealthcare, you agree that you will not:
   6.1. infringe the privacy rights of any MyHealthcare user;
   6.2. use MyHealthcare in a way that harms MyHealthcare or our related entities, partners, resellers, distributors, suppliers and/or vendors (each referred to as a "MyHealthcare Party"), or any customer of a MyHealthcare Party;
   6.3. mislead any MyHealthcare user, including supplying data that is falsely made to appear as originating from or being endorsed by MyHealthcare;
   6.4. use any portion of MyHealthcare as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
7. Southern Cross does not recommend sharing your access details with anyone. If you need someone to access your information, they should register as a user within MyHealthcare and access your account as a delegated authority within your circle of care.
8. If in an emergency situation you share your access details to help with your care, Southern Cross recommends you change your password as soon as practical. If you do share your access details, you must ensure that the person you share your access details with also adheres to these Terms of Use.
9. If you access someone else’s information, you acknowledge and warrant you have the authority to do so.
10. You authorise Southern Cross to send emails to your declared email address. These emails will not contain any of your personal or health information. All emails sent to your account will be assumed to have been read.
11. You agree in respect of any content which you upload on MyHealthcare that it does not:
    11.1. infringe any intellectual property rights of any third party;
    11.2. infringe the privacy rights of any third party;
    11.3. detrimentally affect the brand or reputation of Southern Cross or any affiliates or partners of Southern Cross;
    11.4. mislead as to the nature, type, service or benefits of any content
    11.5. contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
    11.6. encourage, counsel, incite or suggest any criminal or unlawful acts;
    11.7. seek to take advantage of any individual or any individual groups by virtue of their circumstances;
    11.8. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racial or violent nature; and promote or provide inflammatory or demeaning opinions of an individual or group.
12. While Southern Cross will endeavour to keep the contents of MyHealthcare up to date and accurate, we do not warrant or represent to you or any other person that such content is accurate or up to date at all times.
13. Southern Cross will provide MyHealthcare and any MyHealthcare Services that you request with reasonable care and skill, however we do not represent or warrant that MyHealthcare or any MyHealthcare Service will:
    13.1. operate on a continuous or fault-free basis or at any particular time or location;
    13.2. be free of viruses or other harmful features (including any files displayed or obtained from or through MyHealthcare or the MyHealthcare Services or any website linked to it). You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14. Southern Cross will endeavour to restore functionality to MyHealthcare and any MyHealthcare Service as soon as reasonably possible in the event of an outage or other technical fault.
15. To the fullest extent permitted by law, Southern Cross and its officers and employees will not be liable whether in contract, tort (including negligence) or otherwise to you or any other person for any loss or damage (whether direct, indirect, consequential or special) arising directly or indirectly from any errors or omissions in the information contained in MyHealthcare or any MyHealthcare Service or any delay or interruption to or use whatsoever of MyHealthcare or MyHealthcare Service, or any failure to comply with clauses 13.1 or 13.2. We are also not responsible for the security of the environment that you choose to access your information.
16. Except as expressly provided otherwise, Southern Cross or its suppliers own all copyright and other intellectual property rights in the information contained in MyHealthcare or otherwise connected with MyHealthcare or the MyHealthcare Services. No part of MyHealthcare or the MyHealthcare Services may be modified, reproduced, transmitted, stored or otherwise dealt with (including in any other website or other electronic form) except as expressly provided for on MyHealthcare or with the prior written consent of Southern Cross, except that you may print, or download to your hard drive extracts from MyHealthcare for your own personal use.
17. While using MyHealthcare or any MyHealthcare Service you must ensure that:
    17.1. all information which you supply to Southern Cross is current, complete, accurate and provided in a timely manner;
    17.2. you comply with all applicable laws, regulations standards and codes;
    17.3. you notify us immediately of any actual or suspected unauthorised use of security information relating to you.
18. You accept you are responsible for your use of MyHealthcare and any MyHealthcare Service and you are liable for any costs, expenses and damages incurred as a result of any claim brought by a third party against Southern Cross arising from your use of MyHealthcare or any MyHealthcare Service or a breach of these Terms of Use. We may suspend or terminate your use of MyHealthcare or any MyHealthcare Service at any time in the event you breach these Terms of Use.
19. MyHealthcare may contain links to other third party sites. These sites are not under the control of Southern Cross, and Southern Cross is not responsible for the contents of any linked site or liable for any loss or damage (whether direct, indirect, consequential or special) suffered by you or any other person from accessing, using or relying on any linked site. The inclusion of any link in MyHealthcare is provided as a convenience only and does not imply endorsement, recommendation or warranty by Southern Cross of the linked site or the products and services provided there or any association with its operators.
20. For the avoidance of doubt, in the event of any inconsistency between the content on MyHealthcare and the terms and conditions of our policies, the terms and conditions of our policies take precedence.
21. The contents of MyHealthcare have been prepared in accordance with New Zealand law. The contents of MyHealthcare are governed by New Zealand law and New Zealand courts have non-exclusive jurisdiction.
22. All dollar figures stated on MyHealthcare are in New Zealand dollars and include goods and services tax (unless otherwise stated).
    

If you have any questions, concerns or complaints in relation to MyHealthcare, the MyHealthcare Services or these Terms of Use, please contact us at MyHealthcareSupport@schl.co.nz

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Southern Cross Healthcare Limited, Level 14, ANZ Centre, 23-29 Albert Street, Auckland 1010