Bupa Care Services Social Media Terms and Conditions

These terms and conditions (Rules) set out the terms for use of Bupa’s social media channels (the Community), including the use of the Chatterbox at http://bupaagedcare.wordpress.com. Any submission of material by you to the Community means that you accept, and agree to abide by, all the terms and conditions of these Rules which supplement our Terms and Conditions at http://www.bupaagedcare.com.au/terms-and-conditionsof website use and our Privacy and Security policy at http://www.bupaagedcare.com.au/privacy-and-security. If you do not agree with them, please refrain from using the Community.

The Community is operated by Bupa Care Services Pty Limited (ABN: 082 931 575) (Bupa or we). Bupa is registered in New South Wales and has its office at Level 19, 201 Kent Street, Sydney NSW 2000.

The Rules supplement any third party terms and conditions that may apply to your use of the Community.

MODERATION

Contributions submitted to the Community (each a Contribution) will be checked by us for compliance with the content standards described below (Content Standards) as soon as reasonably practicable after publication.

Although the Community is moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Community and we may stop moderating the Community at any time. We reserve the right to remove, or to disable access to, any Contribution which we deem (at our sole discretion) to be in breach of our Content Standards after it has been published. To the fullest extent permitted by law, we expressly exclude our liability for any loss or damage arising from the use of the Community by any person in contravention of these Rules.

USE OF THE COMMUNITY

When using the Community, you acknowledge that:

• the views expressed by any individual are those of the individual and do not necessarily reflect the views of Bupa;
• any medical advice or information posted on the Community should be regarded as general and not a substitute for professional medical advice. You should always seek specific medical advice related to your circumstances from your doctor;
• any advice given on the Community should not necessarily be accepted as true or correct and it is up to you to check the validity of any advice before you rely upon it if the consequences of doing so could be serious.
• Bupa has an automatic follow-back policy. Please note that a follow-back does not represent endorsement of your opinions or products nor any association with Bupa.

MINORS

The Community is intended for use by individuals of 18 years of age or more. The use of the Community by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Community that it is important that they communicate with their children about their safety online. Minors who are using the Community should be made aware of the potential risks to them and of their obligation to comply with these Rules when using the Community.

CONTENT STANDARDS

These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Bupa will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with applicable law in New South Wales and in any jurisdiction from which it is posted.

A Contribution must not:

• Be defamatory of any person, unlawful, obscene, offensive, hateful, abusive, inflammatory, invasive of privacy, or otherwise objectionable.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
• Infringe any copyright, database right or trade mark, or other third party right of any other person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or breach the terms of use of any third party website.
• Refer to or disclose information relating to court proceedings or proceedings relating to any tribunal
• Be likely to harass, upset, embarrass, or alarm any other person.
• Contain an instruction, advice, or content that could cause harm or injury to individuals or to computers or systems
• Give the impression that the Contribution emanates from Bupa (or any of its group companies) if this is not the case, or impersonate any person, or misrepresent your identity or affiliation with any person.
• Encourage anyone to commit any unlawful or criminal act or condone any unlawful or criminal act.
• Contain any advertising.

COPYRIGHT

By submitting a Contribution to the Community, you agree to grant Bupa a non-exclusive licence to use that Contribution and to waive your moral rights. Although you will still own the copyright in your Contribution, Bupa will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution in any format and media. This licence will be free of charge, perpetual and capable of sub-licence. Bupa may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. We reserve the right to display advertisements in connection with your Contribution.

Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Community, you are warranting that you have the right to grant Bupa the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to Bupa, please do not submit the Contribution to the Community.

BREACH OF THESE RULES

When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the Community, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to take part in the Community.
• Immediate, temporary or permanent removal of any Contribution already posted on the Community.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

We are not under any obligation to and have no responsibility for:

• overseeing, monitoring or moderating the use of the Community; or
• someone else breaching these Rules or for failing to take action in the event of them doing so; or
• failing to operate the Community or to publish information on the Community that you have posted.

We rely on individuals providing us with Contributions that are accurate and we make no warranty as to the accuracy of any information provided on the Community and do not accept any liability for errors or omissions. We may stop operating the Community permanently or temporarily at our sole discretion at any time and without telling you before doing so. We make no promises as to how quickly any information will be posted on the Community.

PRIVACY

If you are required to submit personal data directly to Bupa during the registration process, we will only use such data for administration and monitoring purposes and will not share your data with third parties unless legally required to do so.

COMPLAINTS

If you wish to complain about any Contribution posted to the Community, please contact us at info@bupacare.com.au When you submit a complaint, please (1) outline the reason for your complaint, and (2) specify where the Contribution you are complaining about is located. We reserve the right to request further information from you about your complaint before we process it. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above (see section "Breach of these Rules"). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

CHANGES TO THESE RULES

We may revise these Rules at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and will apply to you from the date the change was made. You agree to accept and comply with any changes to the rules if you use the Community after the change is made.

GOVERNING LAW

These Rules are governed by and shall be construed in accordance with law of New South Wales. If any part of these Rules is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.