Terms and Conditions
ECheck Conditions of Use
These Conditions of Use govern all access to and use of this website. By clicking “Accept” or by otherwise accessing or using any of the website, you thereby accept and agree to be bound by these Conditions of Use.
“Consenting Patient” means a Patient who has given express written consent to your performance of an Eligibility Check with respect to that Patient or a Patient whose lawfully authorised representative has given express written consent to your performance of an Eligibility Check with respect to that Patient;
“Employer” means an authorised healthcare provider or health-fund that hires employees for the provision of healthcare services;
“Eligibility Check” means a check to determine whether a Patient will be covered under their private health insurance for a selected presenting illness/condition on the proposed admission date;
“Patient” means a member of a HAMBS Health Fund;
“Permitted Purpose” means access to and use of this website in order to enable the health care provider by which you are employed to undertake an Eligibility Check with respect to a Consenting Patient;
“use” includes access or use or attempted access or use of any part of the website and includes (without limitation) access to and use of site content, completion and submission of any online form available at or through the website, undertaking any query or search, viewing any data, generating any report and submission of any email to an email address identified at or through the website;
“we”, “us” and “our” means HAMB Systems Limited (ABN 44 053 315 772) and its officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content;
“website” means this website including any other pages or websites linked from this website; and
“you” and “your” refers to the person who accesses and uses the website and includes the employer of that person. By accepting these Conditions, you warrant that you are authorised to do so by your employer.
You are only authorised to access the website where you and your Employer are directly engaged in providing healthcare or operating as a health-fund in relation to the provision of healthcare services for a Consenting Patient. You are expressly forbidden from accessing this website for any other reason, unless specifically authorised by HAMBS in writing.
You must only use this website if (a) you have been expressly authorised to do so by your Employer; and (b) you have undertaken privacy training including training relating to the privacy issues associated with the personal information of Patients.
You must only use the website for the Permitted Purpose. You must not undertake any Eligibility Check with respect to a person unless that person is a Consenting Patient who intends to undergo a medical procedure with your Employer. You must not access or attempt to access (a) information about any other Patients (apart from each Consenting Patient) or persons; or (b) any unnecessary information relating to a Consenting Patient.
You must ensure that any information accessed through use of this website is treated as confidential and that it is stored and handled in compliance with Privacy Laws. You must only disclose information obtained from this website to officers and other employees of your Employer to the extent that they need to know for the Permitted Purpose and have been advised that the information is confidential and subject to privacy obligations.
We reserve the right to refuse or terminate access to and use of the website to any one or more users at any time and without being obliged to provide any notice or reason.
Passwords and log-ins
You must only access this website from a password protected computer operating on a secure network and you must lock the computer before leaving it unattended.
You are obliged to select secure passwords that are not easily guessed, such as passwords constructed using common words, repeated sequential characters or passwords based on common knowledge.
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
You are obliged to notify HAMBS and your Employer if you have any reason to believe that this website has been accessed by an unauthorised person or your password has been disclosed.
Accuracy of information & limited warranties
We will endeavor to maintain correct and accurate information relevant to Eligibility Checks for Consenting Patients. However, the accuracy of this information may depend on data provided by the relevant health fund or third parties.
The results of an Eligibility Check should be confirmed shortly prior to the intended admission date for the Consenting Patient in order to ensure that there has been no material change in the membership status, financial cover or available excess with respect to the Consenting Patient.
We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies can not be excluded by agreement (“non-excludable rights”).
Subject to any non-excludable rights: (a) the website and its contents are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the website) are excluded.
If you find any errors or omissions, please report them to us.
Liability arising from use of the website
Subject to any non-excludable rights: (a) your use of the website is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the website or your use of the website; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in website performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the website or your attempted use of the website.
If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these Conditions of Use, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information or services again or payment of the cost of providing the information or services again (at our election).
You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these Conditions of Use or otherwise howsoever from or in connection with your use of the website.
Inappropriate use and content
You must not use our website in order to send unsolicited email to recipients who have not given you permission to send them email. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, malware, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the website and must not use the website in connection with any denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the website. You must not cause or permit any other person to engage in any of these activities (eg. by providing them with access to your computer or by providing password information to them).
We are not liable for defamatory, offensive, illegal or inappropriate content available at the website or accessed from the website and the risk of injury from such content rests entirely with you.
Third party material
The website may include content or references supplied by users or other third parties (“third party material”). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
Links to third party web website
Any links to third party website from the website are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party website or your rights to access, reproduce and use that material. We do not review and monitor any linked third party website and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party website and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party website or its content. It is your responsibility to evaluate the content and usefulness of information obtained from any other website. Your access to and reliance on any third party web site is entirely at your own risk.
Links from other sites to the sites
Other sites are not permitted to link to this website.
We cannot and do not guarantee or warrant that the website will be free of infection or viruses, worms, malware, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Copyright, trade marks & limited right to use materials
We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the website including without limitation the look and feel of the website, web pages, code. software, files, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the website for the Permitted Purpose and may only print or make an electronic copy of information available on the website for the Permitted Purpose. You must not replicate the look and feel of the website or sell or otherwise commercially exploit any information made available at the website. You must ensure that any copyright notices are retained in any material copied from the website. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the website in whole or in part without our prior written permission. If you breach any of these Conditions of Use, then (without limiting your other liabilities) your authorisation to use the website automatically terminates and you must immediately destroy any downloaded or printed materials.
The website contains ‘cookies’, which are text files that contain information and which are stored on your computer when you visit the website.
These may be either ‘persistent’ cookies, which are permanent and stored on your computer after you have closed your web browser, or ‘session’ cookies, which disappear when you close your web browser.
You may change the settings in your web browser to disable the storage of cookies and to remove undesired cookies.
The website is administered by us from offices in Adelaide, South Australia. These Conditions of Use and your use of the website and any disputes between you and us shall be governed by and construed in accordance with the laws of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the website must be commenced in the appropriate court in South Australia. You are solely responsible for ensuring that your use of the website is not prohibited and complies with your local laws.
If any provision of these Conditions of Use is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
Changes to website content and access rights
We may modify the content, nature or accessibility of the website as and when we see fit. These Conditions of Use will continue to apply even if you cease to be permitted or able to use the website.
Revision of these Conditions of Use
We may revise these Conditions of Use at any time by updating this web page. You hereby agree to be bound by such revisions and should therefore regularly revisit this page to review the then current Conditions of Use by which you are bound. Your continued use of the website after a revision of these Conditions of Use evidences your acceptance of that revision.