Website Terms of Use
Privacy Collection Notice
- Neither this notice (Privacy Collection Notice) nor the Whitecoat Privacy Policy (Privacy Policy) form part of any contract you have with us.
- Whitecoat may collect and handle certain information about you in accordance with our legal obligations, including those under the Privacy Act 1988 (Cth), and the Privacy Policy.
- The Privacy Policy explains how we collect, use, hold, disclose or otherwise handle or manage information about you. It also explains the ways in which you can contact us to access or correct the information we hold about you or make a complaint.
- By using the Website, you acknowledge that you have read this Privacy Collection Notice and our Privacy Policy, which is available, free of charge, on our Website at whitecoat.com.au or on request using the contact details provided: PrivacyOfficer@whitecoat.com.au
- We encourage you to check our Website regularly for any updates to the Group Privacy Policy.
Website Terms of Use
Background
1.1 The website (whitecoat.com.au) (the Website) and domain name are owned and operated by Whitecoat Pty Ltd ACN 616486090 (Whitecoat, we, our). Whitecoat Pty Ltd is a wholly owned subsidiary of Commonwealth Bank of Australia ABN 48 123 123 124 AFSL and Australian credit licence 234945 (the Bank).
1.2 By using this website (whitecoat.com.au), the Website, and in consideration of Whitecoat providing you with access to the Website, you agree to these Terms of Use, which govern your access to and use of the Website.
1.3 If you do not agree to these Terms of Use, you must not use or access the Website.
1.4 Whitecoat reserves the right to amend these Terms of Use from time to time including in line with improvements, upgrades or other changes made to the Website.
Website
2.1 The Website contains a directory (the Whitecoat Directory) and allows you to search and select healthcare providers (Providers) on the Whitecoat Directory.
2.2 The Website does not take your individual circumstances into account. It does not contain personal recommendations, suggestions or advice about the suitability of a Provider in the Whitecoat Directory for your needs.
2.3 Whitecoat does not warrant that the information in the Website is accurate, complete or up-to-date. Whitecoat is not responsible for, and accepts no liability with respect to, any material made available on the Website by any person other than Whitecoat. Whitecoat does not endorse any opinion, advice or statement made by any person other than Whitecoat. You should make your own assessment of the suitability of any Provider for your needs.
2.4 Whitecoat may cease, interrupt or withdraw your access to the Website for any reason, including without limitation for upgrades and maintenance of the Website or if you breach any material terms of these Terms of Use.
2.5 Searches performed on the Whitecoat Directory in the Website may return paid for preferred Provider links at the top of the page along with the search results.
Your conduct
3.1 You must:
(a) not use the Website in breach of any applicable laws or regulations;
(b) not interfere with, disrupt, or create an undue burden on the Website.
3.2 Without limiting the above, you must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content (as defined in clause 4.2 below);
(b) circumvent, disable or otherwise interfere with security-related features of the Website;
(c) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, the identity of any user, or any underwriting and related business methodology or systems; and
(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
3.3 You agree to indemnify Whitecoat and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Whitecoat against any claims arising out of you or your Affiliates’ breach of these Terms of Use (and any other terms and conditions which incorporate these Terms of Use).
Intellectual Property
4.1 ‘Whitecoat’ and the Whitecoat Logo are trademarks of Whitecoat (Whitecoat Trademarks). Trademarks used on the Website to describe third parties and their products are trademarks of those third parties and are not Whitecoat Trademarks.
4.2 All material on the Website, including the text, information, graphics, logos, design, layout, downloads and services (Content) is owned by or licensed to Whitecoat.
4.3 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content, Whitecoat Trademarks or other trademarks on the Website for any purpose, other than with the prior written consent of Whitecoat, or as permitted by law. All rights of Whitecoat and its licensors are reserved.
4.4 By uploading, transmitting, posting or otherwise making available any material via the Website, you irrevocably license Whitecoat to use, reproduce, edit, exploit and sub-license such material in any form and for any purpose, and to publish and communicate the material on the Website, and you unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
Linking and Third-Party Content
5.1 The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals including Providers (Third Party Websites).
5.2 Third Party Content and Third Party Websites are not under the control of Whitecoat. Whitecoat does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
5.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your risk.
Cookies
6.1 The Website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web servers. A cookie can later be retrieved by our web servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
6.2 It is recommended that you accept cookies to make full use of the Website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
6.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this website to the fullest and optimum extent.
Disclaimer
7.1 By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees (as defined below in this clause) that might apply, Whitecoat excludes:
(a) any term, condition or warranty that may otherwise be implied into these Terms of Use;
and
(c) any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the Website content, the use or performance of the Website or services provided by Whitecoat in relation to the Website. Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
7.2 Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again,
unless:
(i) the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
(ii) it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
(iii) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
Jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
Interpretation
In this agreement unless a contrary intention is expressed:
(a) headings and italicised, highlighted or bold type do not affect the interpretation of this agreement;
(b) a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality); and
(c) the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary.
Contact
If you have any queries regarding the Website or these Terms of Use, please contact us at whitecoat.support@cba.com.au or on 1300 717 240.
Not Health Advice
Information contained on the Website is of a general nature only and does not constitute health or medical advice. You should not rely upon any information on the Website without obtaining advice from a qualified health care professional.