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If any of these Terms are found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the website, your cell phone provider may, depending on the type of contract you have, charge you for accessing this website or for any usage of this website (such as data charges, sms charges). AIA cannot be held responsible for these charges.
All information provided on this website is intended for use by residents of Australia. Persons residing outside of Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website.
To the fullest extent permissible pursuant to applicable law: (1) the information and materials on this website are provided "as is" and without warranties of any kind whether express, implied, statutory or otherwise, and AIA Australia Limited and AIA Group Limited and their affiliates and subsidiaries (collectively, "AIA") disclaim all warranties, whether express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, satisfactory quality, suitability and fitness for a particular purpose, title and non-infringement of third party rights; (2) AIA does not warrant that the website or the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components; and (3) AIA does not warrant or make any representations regarding the use or the results of the use of the information and/or materials on this website in terms of their correctness, accuracy, reliability, adequacy, completeness or otherwise. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products, benefits and services, but are provided solely for general informational purposes. For complete details please refer to the actual policy, applicable terms and conditions of the products, benefits and services or the relevant product or services agreement. Nothing on this website shall constitute or be construed as legal liability, undertaking or admission by AIA in any way. AIA cannot guarantee correctness, accuracy, reliability, adequacy, completeness or otherwise of the information presented on the website and such information is subject to change without notice and may not be up to date.
All materials and content on this website is general information only and is not in any way intended to be medical, nutritional, health, fitness or other advice or as a substitute for such advice. It is not provided to promote or influence you to acquire any product or service. This website does not take into account your personal circumstances and is subject to change. You should obtain professional advice from a medical practitioner, pharmacist, dentist, nutritionist or other appropriate health professional in relation to your own personal circumstances or in relation to the diagnosis or treatment of any medical condition. If necessary, you should regularly consult with such a professional. Importantly, the results of any assessments or tools or this website cannot replace any advice a doctor or other health professional gives. You should not change or discontinue any assistance or treatment you may be receiving on the basis of information reflected on this website without first consulting your healthcare provider. Medicines you use for your physical or mental health may also affect the results of the assessments or tools. You should also seek professional advice immediately should any symptoms you may be experiencing persist or change.
This website may contain links to other websites which are not maintained by AIA or may refer to a third party. AIA is not responsible for the availability, content, currency, reliability, correctness or accuracy of any content related to third parties (including information contained in other websites) or for the suitability (or otherwise) of such content for the needs of any person, and does not make any warranty expressed or implied, with respect to any content related to third parties (including the use of those websites). The inclusion of any link or reference on this website to such websites or any third parties does not imply approval of or endorsement by AIA of the websites or the content thereof or of the third parties, nor does it imply that the third party has approved or endorsed the content of this website. You acknowledge and agree that you access such websites and third party content at your own risk.
EXCLUSION AND LIMITATION OF LIABILITY
While AIA aims to use reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. To the maximum extent permitted by law, AIA makes no warranties or representations as to the currency, reliability, correctness, accuracy, adequacy or completeness of the content of this website and under no circumstances, including, but not limited to, negligence, shall AIA or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, special or punitive damages, losses, liabilities, costs, expenses and/or consequences of whatsoever nature that result from or in connection with any access, the use of, or the inability to use, the materials on this website or reliance on the materials and/or any information on this website, any systems, server or connection failure, error, omission, interruption, delay in transmission, computer virus or any use of or access to any other websites linked to this website even if AIA has been advised of the possibility of such damages. To the maximum extent permitted by law AIA and its employees, agents and directors are not liable for any losses (whether direct or indirect) that you incur as a result of accessing or using this website. To the extent AIA’s liability or the liability of any of AIA’s employees, agents or directors cannot be excluded, to the maximum extent permitted by law, such liability is limited to the supply of the services again or the payment of the cost of having the services supplied again, and in no event shall AIA's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.
AIA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
This website is owned and operated by AIA. Except as otherwise expressly permitted by AIA, no materials from this website or any website owned, operated, licensed or controlled by AIA may be copied, reproduced, republished, modified, stored in a retrieval system, used for creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any other way for public or commercial purposes. You may download material displayed on this website solely for your own use only, provided that you also retain all copyright and other proprietary notices contained on the materials and this website. You may not distribute, modify, transmit, reuse, repost, or use the content of this website, for public or commercial purposes, including the text, images, audio, and video, without AIA's express written permission.
You shall not use this website for any purpose that is unlawful or prohibited by the Terms. Additionally, you shall not: (i) use the website in any manner that could damage, disable, overburden or impair this website, online facilities or its network; (ii) attempt to gain unauthorized access to this website, accounts, computer systems or networks connected to the website, through hacking, password mining or any other means; (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (iv) publish, post, upload, distribute or disseminate any topic, name, material or other information that incites discrimination, hate or violence towards one person or a group because of their belonging to any race, religion or nation; (v) upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents to do the same; (vi) use any material or information, including images or photographs, which are made available on the website in any manner that infringes any intellectual or other proprietary right of any party; (vii) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted file or any other similar software or programs that may damage the operation of another’s computer or property of another; (viii) use meta tag searches on the website; (ix) advertise or offer to sell or buy any goods or services for any business purpose, unless such AIA’s communication facilities specifically allow such messages; (x) download any file posted by another user that you know, or reasonably ought to know, which cannot be legally distributed in such manner; (xi) falsify or delete any author attributes, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (xii) violate any code of conduct or other guidelines which may be applicable for any particular communication facilities; (xiii) harvest or otherwise collect information about others; (xiv) violate any applicable laws or regulations; (xv) create a false identity for the purpose of misleading others; (xvi) use, download, copy or provide (whether or not for a fee) to a person any directory of users of this website or other user or usage information.
AIA reserves the right to review materials posted using the online facilities and to remove any materials at any time in its sole discretion. AIA reserves the right to terminate your access to any or all of the website at any time, without any notice, for any reason whatsoever. AIA also reserves the right to disclose any information deemed necessary to comply with any applicable law, regulation or legal process, or to edit, remove, or refuse to post any information or materials at its sole discretion.
AIA neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any transactions or activities that occur under your account, regardless as to whether such transactions or activities were made with or without your knowledge or authority. AIA shall not be liable for any damage, loss or other liability incurred by you arising from any transactions of any kind whatsoever resulting from the unauthorized use of accounts and passwords by any third parties. However, you may be held liable for any damage, loss or other liability incurred by AIA for any wrongful use of your account and/or password. You shall report to AIA immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.
You must only access or use this website and any content on this website for lawful purposes and in accordance with your agreement with AIA. In accessing or using this website or otherwise accessing or using the content you must not:
- infringe the rights (including intellectual property rights) of any other person;
- do anything that is unlawful, threatening or obscene;
- harass or incite hatred of any other person or restrict another person from using or enjoying this website;
- interfere with the operation of this website or any infrastructure used to make this website available;
- do anything that would result in us needing to compensate another person at law or at the direction or recommendation of a regulator.
You hereby agree to fully indemnify, defend and hold harmless AIA, its employees, staff, agents and directors from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) suffered by AIA arising from or in connection with: (i) your access to or use of any aspect of this website; (ii) any other party’s access to or use of this website and/or online facilities using your account and/or password; or (iii) your breach of any of these Terms; (iv) any other party’s breach of any of these Terms where such party was able to access or use this website and/or online facilities using your account and/or password; (v) your infringement of the rights (including the intellectual property rights) of another person.
EVIDENCE OF TRANSACTIONS
AIA’s own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. Your use of your account and/or password to access or use this website and/or online facilities including access to your policy records and our on-line services will be recognized as your electronic signature and will be legally binding. You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.
No failure or delay by AIA in exercising or enforcing any right or option under these Terms shall operate as a waiver of it or limit, prejudice or impair AIA’s right to take any action or to exercise any right against any person or render AIA responsible for any loss or damage arising therefrom or in connection thereto.
The invalidity, unlawfulness or unenforceability of any provision in these Terms in any respect under applicable law shall not affect the validity, legality or enforceability of the remaining provisions hereof.
Unless otherwise expressly set forth herein, AIA makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.
Except as expressly set forth herein the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by AIA. No security, insurance product or other product or service is offered or will be sold by AIA or, if sold by AIA, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
OWNERSHIP OF INFORMATION
Any information that you transmit to AIA via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of AIA. Such information may be used for purposes, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. AIA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to AIA via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Additionally, AIA may in its absolute discretion, reveal or release personal data obtained by or through this website, its online facilities or services, to third parties where required or necessary. To the fullest extent permitted by applicable law, you waive all applicable rights you may have in any information you transmit to AIA via this website or otherwise, for the purposes of this section of the Terms. You agree that you waive and will not enforce any and all moral rights that you may have presently or in the future in relation to any content you transmit, contribute or publish via this website or otherwise.
Individuals may use the AIA Vitality community as a Guest. AIA Vitality community allows you to find out more information about health and wellbeing and to access some tools that can help you to with your health goals.
In addition to the above terms, if you use this website as a Guest of AIA Vitality community.
- You are required to be 18 years of age to register on this website.
- As part of this community aspect, you may post your personal opinions, messages and ideas to the website and to the discussion forums available on the website.
- However, you undertake not to post content to the website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which AIA regards as inappropriate, and you accept that AIA may remove this content from the website.
- You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the website to AIA, and AIA may correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
- AIA does not editorially control, filter or read your postings on the website on an ongoing basis, and you acknowledge and agree that AIA shall not be responsible, in any way, for any user postings. You also agree to indemnify AIA against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the website.
- You accept that the community aspect is integral to the website and to the AIA Vitality community concept, and agree to respect and abide by these community guidelines at all times when accessing or using the website, and to interact and engage with fellow users with equal respect and dignity.
- Please note that as a user of any of our community websites, you determine who will have access to your personal information when you invite them to view you profile. AIA cannot be responsible for any consequences that may result from access that you may have provided to any individual.
AIA reserves all rights, including intellectual property rights, trademarks, service marks, trade names, company names, logos, icons, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know-how, trade secrets and all other intellectual or industrial property rights including, where such rights are obtained or enhanced by registration, any registration of such rights (including the right to apply for such registrations) and applications therefore (including the right to claim priority)), text, collations, images, logos, source code and data relating to this website, and any contents of this website are the property of, or licensed to, AIA. Other than as expressly set out in these Terms and except as permitted by applicable law, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such intellectual property rights without the written express permission of AIA or the relevant licensors or owners of such intellectual property rights. Your use of such intellectual property rights, or any other content on this website, except as provided herein, is strictly prohibited. You agree that you will not acquire any rights (including intellectual property rights) in any content or information in this website, except to the extent expressly provided in these Terms.
You agree that all rights (including intellectual property rights) in any content that you create, contribute to or upload to the website, will vest in AIA immediately when such rights arise. You agree to provide any assistance to AIA necessary for AIA to assume control and ownership of those rights.
You may use, view and download the information on the website for your personal non-commercial use only. Without AIA’s express written permission, you may not otherwise use the content on the website or exploit any of the content for any purpose, including a commercial purpose.
You may not link to any of the content on the website from another website (including by way of a deep or inline link) or frame any of such content on another website.
SOFTWARE LICENSES AND APPLICATIONS
To the extent that any software or applications is made available or provided to you on this website, AIA grants you a non-exclusive, limited and personal license to download and use the software or applications for your own personal, non-commercial use only. No other rights to the software or applications are granted. All rights including intellectual property rights in the software or applications remain the property of AIA or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software or applications.
When you install or download any software or applications, you may be required to accept the terms or the end user licence agreement of a third party supplier or vendor. While the end user licence agreement is independent from these Terms and establishes a separate legal relationship which you are bound by, you agree that, the end user licence agreement will apply to your use of the software or applications.
While there is inherent risk in doing business with anyone over a public medium like the Internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, the secure site utilizes advanced security techniques, which require Internet Explorer 6.0 or Mozilla Firefox 3.0 or above.
INCONSISTENCY IN WORDINGS
In the event of any ambiguity or inconsistency between the English and local language versions of these Terms, the English version will control and prevail.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria. AIA reserves any rights not expressly granted in these Terms.
Updated: 10 September 2013
AIA Australia is part of the AIA Group. AIA Australia is bound by privacy principles which apply to private sector organisations under the Privacy Act 1988 (Cth), and other laws which protect your privacy.
Among the most important assets of AIA Group is the trust and confidence that are placed in AIA companies to properly handle information. Customers expect our companies to maintain their information accurately, protected against manipulation and errors, secure from theft, and free from unwarranted disclosure.
Collection of personal information - general
We collect personal information in a range of circumstances including when you contact us, make an enquiry or use or request our products or services. The types of personal information we collect may include your name and contact details, identifying information (e.g. date of birth), demographic and profile information (sex, age, etc), information provided by you directly (e.g. in an application), payment and banking information and some sensitive, health and medical-related information.
We also collect personal information about your transactions and interactions with us, including any contact we have with you by telephone, email or online. For security, dispute resolution and training purposes we may monitor and record your communications with us (including email and telephone) and operate video and audio surveillance devices in our premises. We collect personal information directly from you as well as from third parties including information service providers, partners, affiliates and related companies, public sources and anyone acting on your behalf. We may take steps to verify information collected.
Use and disclosure of personal information - general
We may exchange your personal information with:
(a) our related, subsidiary and affiliated companies, and
(b) our joint venture partners and business partners in co-branded activities, and
(c) financial institutions you nominate, and
(d) any agent, contractor or third party who provides administrative or other services to AIA Australia or any of our affiliates or partners. Those services may include health, insurance (e.g. reinsurers), archival, auditing, accounting, customer contact, call centres, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, research, investigative, website or technology services, professional advisors, program administrators and partners, statement producers, mail houses, advertising agencies, data storage and cloud computing providers, and other service providers, and
AIA Australia may also exchange personal information with law enforcement agencies or government authorities where disclosure is required by legislation, to report illegal activity or to co-operate with lawful information requests (where we are authorised by law).
Our customers (including potential and former customers)
We collect, use and disclose your personal information for purposes including, but not limited to, processing your application, for underwriting purposes, the assessment and processing of claims and any other administration relevant to any policy issued by AIA Australia, and conducting research and development relevant to our products and services. We may exchange your personal information with your adviser, your employer and/or the trustee of your superannuation fund (for superannuation products) and other third parties for the purposes outlined in this policy.
AIA Vitality members (including former and potential members)
We collect, use and disclose your personal information for purposes including, but not limited to, assessing or processing your AIA Vitality membership application, registration and activation, communicating with you regarding your AIA Vitality membership, any administration and payments relevant to AIA Vitality membership, and conducting research and development relevant to products and services offered by us, our affiliates and partners of the AIA Vitality program, and facilitating your use of the Website (as defined below).
If you also own or are insured under any of our insurance products, we may take steps to keep any health or medical-related personal information you provide as part of your AIA Vitality membership separate from the underwriting or claims departments of AIA Australia who are responsible for any future underwriting or claims decisions. Under no circumstances will AIA Australia be deemed to have knowledge of any AIA Vitality-related information in respect of its underwriting and claims functions. In accordance with your statutory duty of disclosure, you are still therefore obliged to disclose any of this information to the extent it may be relevant in the event of any future application for insurance cover (including increased or varied cover) with AIA Australia.
If you are also an employee of AIA Australia, personal information you provide solely as part of your membership of AIA Vitality will be accessed by personnel of AIA Australia and third parties for the purpose of administering the AIA Vitality program and as otherwise set out in this policy. Where practicable, access to AIA Vitality-related personal information will be limited to those personnel who are directly or indirectly involved with the AIA Vitality program and not be used in making decisions relating to your employment with AIA Australia.
We may exchange your personal information with AIA Vitality partners or other providers of benefits under the AIA Vitality program, AIA Vitality Company Limited (incorporated in Hong Kong) and Discovery Holdings Limited (incorporated in South Africa) and its affiliates. We may also copy your adviser in email communications sent to you in respect of your AIA Vitality membership and the AIA Vitality program.
Our staff (current and former, including contractors)
We collect, use and disclose your personal information for all purposes relating to your current or former employment or engagement including, but not limited to, engagement, training, disciplining, payroll, superannuation, health and safety, administration, insurance (including workcover) and staff management purposes.
We may exchange your personal information with law enforcement and background checking agencies and educational or vocational organisations to verify your qualifications and whether you have a criminal record in certain circumstances, your health service providers, your representatives (including unions) and our service providers including providers of payroll, banking, staff benefits, surveillance and training services.
We may also collect, use, disclose or exchange other types of personal information and may conduct or engage background checking agencies to conduct other checks under applicable Human Resources policies and AIA Group policies.
We collect personal information as part of your job application including your qualifications, experience, professional memberships, achievements and work history.
We collect, use and disclose your personal information for purposes including, but not limited to, assessing your application, assessing you for a position or positions with us or our affiliates, assessing whether you are suitable to progress to each stage of the recruitment process for a position and storing your information for future job opportunities.
We may exchange your personal information with recruitment agencies, organisations that conduct competency or psychometric tests, referees, current and previous employers, law enforcement and background checking agencies and educational or vocational organisations to verify your application details and whether you have a criminal record in certain circumstances.
We may also collect, use, disclose or exchange other types of personal information and may conduct or engage background checking agencies to conduct other checks under applicable Human Resources policies and AIA Group policies.
Our website and emails
Like many other websites, our Website may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your device. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies however some parts of our website may not have full functionality in that case.
When we send you emails or other electronic messages, we may record where you open the message and click on particular links. This helps us to better understand what information is of interest to you.
If you are considering sending us any other personal information through our Website or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.
The Website may contains links to other sites. We are not responsible for the privacy practices or policies of those sites.
Accessing and updating your personal information
You have the right to access the personal information we hold about you, and can request the correction of your personal data if it is inaccurate, incomplete or out of date. Requests for access or correction should be directed to our Compliance Manager (see ‘Contact us’ below).
We will generally respond to requests for access as soon as possible or at least within 14 days. If a request is straightforward, we will often grant access within 14 days or, if the request is more complicated, within 30 days. We may need to verify your identity before providing access.
In some circumstances, AIA Australia may not permit access to your personal information where, for example, such access would be unlawful or denying access is authorised by law. In these cases, AIA Australia will provide you with written reasons for a denial of access or refusal to correct personal information. If you disagree with our refusal to correct your personal information, you can ask us to append an explanatory note to the information.
If you have any questions or concerns about your personal information, please contact our Compliance Manager as set out below:
The Compliance Manager
PO Box 6111
St Kilda Road Central, VIC 8008
Phone 1800 333 613
AIA Australia has established an internal dispute resolution process for handling customer complaints (including matters involving compliance with privacy laws). This dispute resolution mechanism is designed to be fair and timely to all parties and is free of charge. If you have a complaint about AIA Australia's handling of your personal information, you should submit it in writing to the Compliance Manager at the address specified above. You will typically receive a letter from us within five days which sets out an overview of how your compliant will be responded to. AIA Australia’s Internal Disputes Resolution Committee will handle any escalated complaints that cannot be addressed at an operational level. AIA Australia aims to resolve your complaint within 45 days of receipt.
If you are a current or former employee or contractor of ours, any compliant about company compliance with privacy laws will be handled in accordance with the applicable Human Resources policy.
Should your complaint not be resolved to your satisfaction by our internal dispute resolution process, you may take your complaint to the Information Commissioner. The Information Commissioner's contact details are:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
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