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1. TERMS OF SERVICE

Please read these terms of service ('Terms') carefully before using the Medibank Private-Customised Fitness2live Website ("Site").


To use this Site and access its content ('Content') and the online consulting services, chat rooms, bulletin boards and other services available through the Site ('Services') you must agree to these Terms by following the registration process set out below.


Registration and use of the Site indicates that you accept and agree to be bound by these Terms, which will then constitute an agreement between you and Fitness2live Pty Limited ACN 138 752 815 ("Fitness2live"). If you do not accept these Terms, you cannot use this Site.

2. USER TYPES

To be eligible to register to access the Site, you must be 16 years of age or older. Fitness2live reserves the right to reject any Application from people who are not MPL Service Registrants wishing to access the Site (registered as a "User"). A User registration cannot be assigned or transferred.

3. REGISTRATION PROCESS

MPL Service Registrants who wish to become Users must register using Fitness2live’s registration process. This requires you to provide certain information about yourself ('Registration Information'). All Registration Information provided by you must belong to you and be true, accurate, complete and up to date and by registering you warrant to Fitness2live that this is the case. You must notify Fitness2live within 14 days of any Registration Information changing. Confirmation from Fitness2live that your Registration Process is complete does not constitute an acceptance of your registration. Fitness2live reserves the right at any time to decline, suspend, or terminate your registration for any action that constitutes a breach of these Terms. You will be notified once you have been accepted to be registered as a User.

Your registration entitles you to such access to the Site, the Content and the Services to the extent allowed under the agreement between Fitness2live and Medibank Private. For your registration to be complete, you must signify that you have read and agree to abide by these Terms by clicking the 'I Agree' icon found at the end of these Terms

4. USER NAME AND PASSWORD

Upon registration you will obtain a username ("User Name") and a password. Your User Name will be used to identify you on the Site. You may log in to the Site, access or use the Content and the Services or modify your Registration Information, only by using your User Name and password. You may not have more than one account or User Name with Fitness2live.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You must notify Fitness2live immediately at net_admin@fitness2live.com.au of any unauthorised use of your account or any other breach of security which you are aware of or suspect.

5. FEES

There are no fees ("Fees") payable by a User associated with the use of any part of these Services.

Fitness2live provides links to other sites on the World Wide Web. Some of the Internet sites you visit through these links may assess separate charges for the content, goods or services they provide. Costs, taxes or other charges you incur when visiting these websites are your sole responsibility.

6. EXTRANEOUS MATERIAL

Fitness2live may, from time to time establish or change material on the Site, provided where any such change is material to the Services, it has been agreed to in writing by Medibank Private. Material changes, where agreed to by Medibank Private, will be displayed at or linked to the Site from time to time in at timely manner and will form part of these Terms.

In the event of any inconsistency or conflict between the Extraneous Materials and the Terms appearing in this document, the Terms appearing in this document will prevail.

7. OFFENSIVE MATERIAL

The Site, the Content and the Services may contain or direct you to health related material which you might find offensive. If you do not want to view or may be offended by such material, do not use the Site.

8. USE OF CHAT ROOMS AND BULLETIN BOARDS

If you use a chat room or bulletin board on the Site, you are solely responsiblefor your own communications, the consequences of posting those communications, and your reliance on any communications found in the chat rooms or bulletin boards. Fitness2live is not responsible for the consequences of any communications in the chat rooms or bulletin boards. In cases where you feel threatened or believe someone else is in danger, you should immediately notify Fitness2live and your local law enforcement agency.

The following actions are prohibited and will constitute a material breach of these Terms:

(a)    Using a chat room or bulletin board for any purpose in violation of local, state, national, or international laws
 
(b)    Posting material that infringes on the intellectual property rights of others or on the privacy rights of others
 
(c)    Posting material that is unlawful, obscene, defamatory, threatening, harassing,abusive, slanderous, hateful, or embarrassing to any other person or entity
 
(d)    Posting advertisements or solicitations of business
 
(e)    After receiving a warning from Fitness2live, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed

(f)    Posting chain letters or pyramid schemes

(g)    Impersonating another person

(h)    Distributing viruses or other harmful computer code

(i)    Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent
 
(j)    Allowing any other person or entity to use your identification for posting or viewing comments
 
(k)    Posting the same note more than once or "spamming" or
 
(l)    Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Fitness2live, exposes Fitness2live or any of its customers or suppliers to any liability or detriment of any type.

Subject to its Privacy Policy (as agreed by Medibank Private), Fitness2live may, but is not obliged to, do any or all of the following:

(m)    Record the dialogue in chat rooms or bulletin boards.
 
(n)    Investigate any allegations about compliance of communications with these Terms.

(o)    Remove or require the removal of communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
 
(p)    Terminate a user's access to any or all chat rooms or bulletin boards and/or the Site upon any breach of these Terms.

(q)    Monitor, edit, delete or disclose any communication in the chat rooms or bulletin boards.
 
(r)    Take any action it deems necessary to protect the personal safety of Users.

9. OWNERSHIP AND USE OF CONTENT AND INTELLECTUAL PROPERTY

Subject to compliance with these Terms, Fitness2live grants all users for the term of their registration the non-exclusive right to view, download, print or otherwise reproduce in unaltered form a single copy of any material on the Site (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use or use within your organisation provided that you must include the following copyright notice:

"Copyright © 2001 - 2011 Fitness2live Pty Ltd. All rights reserved"

and retain any other copyright and proprietary rights notices appearing in or applying to the relevant material. Fitness2live may also grant additional rights to users allowing for commercial or other use of specified site materials or content. Certain software and other material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions. These rules and conditions form part of these Terms.

The content, layout, design, concept, and organization of the Site, the Content and the Services may all be the subject of patent, copyright, trademark, design, confidentiality or other intellectual property rights belonging or licensed to Fitness2live (Fitness2live Material) or to Medibank Private (Medibank Private Material).
 
You acknowledge and agree that:

(a)    as between you and Fitness2live, Fitness2live owns all right, title and interest in Fitness2live Material and Medibank Private owns all right, title and interest in Medibank Private Material and that you will not do any thing to or which might hinder, impede, invalidate or challenge Fitness2live’s ownership of or entitlement to use of or the registration of any part of the Intellectual Property or which might diminish the value of the Intellectual Property;

(b)    any use of the Services, Site, Content, and/or the Fitness2live Material, other than as expressly permitted by these Terms or by law, is not licensed and is strictly prohibited; and

(c)    you will obtain the express written permission from Fitness2live before you copy, upload, transmit, reproduce, distribute or in any way exploit any Fitness2live Material obtained through the Site.

10. CONTENT AND USER CONTENT

The content and features of the Site, the Content and the Services and any partof any of them may at any time, with such notice as is reasonable in the circumstances, be changed or terminated by Fitness2live, provided where such change is material to the Services or the Content Fitness2live has obtained prior agreement from Medibank Private. Any modification is effective according to the date in the notice either posted on the Fitness2liveTerms of Service page, or by a message from Fitness2live sent by electronic mail, or by conventional mail. If any such modification to these Terms is unacceptable to you, you may immediately terminate your registration. However, if following notice of any such modification you do not terminate your registration, or continue to use the Content, the Service or the Site, your continued use will mean that you have accepted that modification and remain registered as a User.

Registration with Fitness2live enables Users to provide their personal information, including but not limited to descriptions, pictures, comments and other content ("User Content") to message boards or similar facilities on the Site. When you post User Content on the Site, you understand and agree that, subject to the Privacy Policy, it can be viewed and used by other MPL Service Registrants users who visit that part of the Site. You represent and warrant that you own or otherwise control or are licensed or otherwise entitled to use all of the rights to your User Content and that display of your User Content on the Site or any use made of it as contemplated by these Terms whether by Fitness2live, other Users or third parties, will not infringe the rights of any third party and that your User Content is true, accurate, complete and up to date.

11. DISCLAIMER

The use of the Site, the Content and the Services is at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of Fitness2live and its suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. Fitness2live isnot responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, which is beyond its control.

The Content and the Services (which may include text, graphics, images, forms, programs, bulletin boards, information obtained from third parties and other material) are intended for informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition.Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Fitness2live does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any Content or Services, including information provided by Fitness2live, its employees, agents or contractors or by others, is solely at your own risk.

Fitness2live does not endorse or verify the accuracy of the content on any third-party websites. Fitness2live has no control over and is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not endorse or make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Fitness2live does not endorse any product advertised on the Site.

Fitness2live accepts no responsibility for any medical events, injuries, illness or other outcomes related to or resulting from the provision or use ofthe Services.

The Services are not intended to and should not be used to:

(a)    treat or determine the manner of treatment of a medical condition;

(b)    provide or accept a diagnosis or a treatment plan of a medical condition; or

(c)    issue or determine the suitability of any medication

The information exchanged in the Services is confidential andintended solely for the User for whom the specific Services are provided. Any information or advice provided as part of the Services is intended to be general and a mere guide and not specifically for any particular patient or condition. Users must recognise the limitations of consultations without physical examination or investigation. Neither Fitness2live nor any of its affiliates, agents, contractors, or employees assume any legal responsibility for any misleading information contained within the Services.

Please practice safe usage. Information supplied by Users could be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. Fitness2live requires that you will use caution - and common sense - when using the Site.  Fitness2live assumes and accepts no liability or responsibility to Users or any other person or entity in connection with any representations, acts or omissions by any person within or arising from any chat rooms or bulletin boards available from the Site.

Fitness2live makes the Content, the Services and the Site available to Users on the basis that they will act appropriately and responsibly. If as a User you do not, you must bear full responsibility for your actions.
 
Fitness2live is based in Melbourne, Australia. Fitness2live makes no claims that the Site, the Content or the Services are appropriate, legal or may be downloaded outside Australia. Access to Site, the Content or the Services may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

12. INFORMATION SHARING WITH MEDIBANK PRIVATE

All information that you provide to Fitness2live as part of your participation in the Services will remain confidential and private.  The information you provide to Fitness2live will be disclosed to and used by MPL for the purposes set out in MPL’s Privacy Policy, such as assessing the effectiveness of the Fitness2live program and identifying and offering other products and services that may be of benefit to you.MPL and Fitness2live are committed to complying with the Privacy Act 1998 (Cth) and the privacy policies of MPL and Fitness2live.  The MPL privacy policy is available from MPL’s website at www.medibank.com.au or by contacting MPL on 132 331.

13. LIABILITY

To the fullest extent permitted by law, all conditions and warranties concerning the Site, the Content and the Services (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded. To the fullest extent permitted by law in no event shall Fitness2live, its officers, employees, agents, contractors, licensors, suppliers, or any otherthird parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profitsor special damages) resulting from the use of or inability to use the Site, the Content or the Services, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not Fitness2live is or ought to have been aware of, or advised of the possibility of such loss, costs or damages.

To the fullest extent permitted by law subject to any rights and remedies implied by the TPA or equivalent legislation:

(a)    Fitness2live is not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services;

(b)    any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of theevent giving rise to such action occurred;

(c)    remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms; and

(d)    Fitness2live shall not be liable to you or to any third party for termination by Fitness2live in accordance with these Terms of your registration as a User or of the Site, the Content or the Services or any part thereof.

14. INDEMNITY

As a User you agree to defend, indemnify and hold harmless Fitness2live, its officers, directors, employees and agents from and against all claims, demands, actions, suits, loss, damages, liabilities and costs (including solicitors’ costs on a solicitor and own client basis) related to or arising directly or indirectly from any and all:

(a)    your conduct as contemplated by these Terms including performance of your respective obligations under these Terms;

(b)    breaches by you of these Terms;

(c)    conduct and activities occurring under your User Name and password;

(d)    provision by you of inaccurate, misleading or deceptive information or defamatory, libellous, unlawful or illegal material contained within your User Content or your information and data;

(e)    claims or demands, whether or not proven, made by any third party, due to or arising from any breach by you of these Terms or any use of the Site, the Content or the Services by you or any person using your User Name and password, or on the basis that your User Content or your information and data infringes or may infringe any third party's patent, copyright or other intellectual property, or any moral, privacy or publicity rights.

15. TERM AND TERMINATION

Your registration will be subject to the agreement between Fitness2live and MPL.  This agreement provides for period of up to a maximum of 36 month access, commencing on or after 30 June 2006 and terminating on or shortly after 1 August 2009.

These Terms, as amended from time to time, shall be effective for as long as you use the Services a nd/or remain registered as a User.

Fitness2live may time terminate your registration as a User by written notice if in its opinion you:

(a)    breach these Terms;

(b)    commit any dishonest or fraudulent act in relation to these Terms;

(c)    behave in a manner which in the reasonable opinion of Fitness2live might tend to adversely affect the reputation or public image of Fitness2live;

(d)    infringe any intellectual property right or privacy, moral or publicity right of Fitness2live or any third party;

provided Fitness2live has first informed Medibank Private of its reasons to terminate and obtained Medibank Private’s consent in writing to the termination.

Upon termination of your registration:

(a)    your User Name and password will be cancelled and you will no longer be able or entitled to access the Site, the Content or the Services;

(b)    the perpetual license you have granted to Fitness2live to use your User Content shall continue;

(c)    your licence to use the Content automatically terminates;
and

(d)    any provisions of these Terms, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms. These shall include without limitation paragraphs 9, 10, 11, 12, 13 and 14 and any other provision in theseTerms where such survival is expressly stated.

16. GENERAL

In agreeing to these terms and conditions, you consent to your name and membership number being given to Medibank Private in circumstances where health information you have provided to Fitness2live indicates that you have a potentially serious health risk or have a chronic condition such as diabetes or heart disease and where, as a result, Fitness2live considers there may be other health programs which MPL may offer you for more appropriate support as part of your membership.

These Terms contain the entire terms and conditions that apply to your registration as a User and your use of the Site, the Content and the Services. Your rights and obligations under these Terms may not be transferred or assigned directly or indirectly without the prior written consent of Fitness2live. If the whole or any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Terms will be construed and bebinding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

A waiver by Fitness2live of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

Fitness2live will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God. These Terms are governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia and each of  you and Fitness2live submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

Except as explicitly stated otherwise, all notices permitted or required under these Terms shall be by e-mail, to Fitness2live at info@fitness2live.com.au and to you at the e-mail address you provide Fitness2live during the registration process, or to such other address as either of us shall notify to the other in writing. Notices shall be deemed to have been received 24 hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Evidence of successful transmission shall be retained.