Terms and Conditions

Latrobe Health Services (LHS) maintains the mobile applications (Latrobe Mobile) for use by members of Latrobe Health Services. The terms and conditions set out in this document (Terms) apply to all users of Latrobe Mobile. By using Latrobe Mobile, you (the user of Latrobe Mobile) accept and agree to these Terms.

Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability in clause 7. If you do not accept any part of these Terms, you must immediately cease using Latrobe Mobile.

LHS may change these Terms at any time. When you log in to Latrobe Mobile, you accept these terms and conditions. Your continued use of Latrobe Mobile will be deemed acceptance of those changes.

Interpretation
LHS means Latrobe Health Services.

Latrobe Mobile means the Latrobe Health Services mobile phone application which will be made available on Apple and Google Play store.

1 Use of Latrobe Mobile
1.1 You are responsible for your use and access (or deemed use and access) of Latrobe Mobile by means of your Login Credentials (as defined in paragraph 2.2 below) by using LHS, you are also agreeing to the LHS Privacy Policy which is available at https://www.latrobehealth.com.au/privacy-policy/
1.2 You must not use Latrobe Mobile for any activities that breach any laws or infringe any person’s rights. You must not upload to Latrobe Mobile any inappropriate or unlawful materials, or information that is misleading or deceptive.
1.3 You must not bypass or attempt to bypass any security mechanisms imposed by Latrobe Mobile.

2 Your account and authority
2.1 After downloading and installing Latrobe Mobile, You, as the Latrobe Health Services Members (Authorised User) will be able to choose a password to login to Latrobe Mobile.
2.2 Your Member No & password (collectively Login Credentials) will be used by Latrobe Mobile’s logon system to identify you. You must keep the Login Credentials safe and secure and must not disclose them to anyone else or allow anyone else to use the Login Credentials.
2.3 You must ensure that the password that you choose is a “strong password”, commensurate with the nature of Latrobe Mobile and the sensitivity of the information stored on it.
2.4 You must immediately notify LHS if you know or have reasonable grounds to suspect that your Login Credentials have been compromised, lost or obtained or used by another person. LHS may take any action including suspending your access to Latrobe Mobile at any time without notice if LHS suspects or considers that your Login Credentials have been compromised, lost or obtained or used by another person.
2.5 You must notify LHS in writing, if you need to terminate an Authorised User’s access to Latrobe Mobile.

2.6 Except for any unauthorised use by LHS’ own staff members, you are entirely responsible for any access or use of Latrobe Mobile by means of your or the Authorised User(s) Login Credentials. In particular any access or use of Latrobe Mobile by means of your or your Authorised User(s) Login Credentials is deemed to be an authorised access or use of Latrobe Mobile by you (including all changes made to your personal and membership & claims related information stored on Latrobe Mobile), irrespective of whether or not you in fact accessed or used Latrobe Mobile. You indemnify Latrobe Health Services from and against any liability, damage and expense that LHS incurs or suffers as a result of any action, inaction or omission on your part in connection with Latrobe Mobile, or from any use or misuse of your Login Credentials, or the misuse (or deemed misuse) of Latrobe Mobile by you.
2.7 If you have forgotten your password, you may reset your password by using the functionality available on Latrobe Mobile or retrieve your password by contacting LHS by telephone. Upon request your password will be sent to you securely either to your registered email address or mobile phone by SMS, as nominated by you.

3 Your information
3.1 You acknowledge that you have separately provided certain information to LHS prior to your first use of Latrobe Mobile (Provided Information). You warrant that all Provided Information is true, complete and accurate. LHS may pre-populate Latrobe Mobile with the Provided Information. While LHS will use reasonable endeavours to pre-populate the information accurately, LHS makes no representation as to the accuracy of the pre-populated information.
3.2 In addition to the Provided Information, Latrobe Mobile may store various information relating to you (including your name, address, contact details, policy and membership information) (Your Information)
3.3 You must verify all of Your Information, whether pre-populated or not, and must ensure that all of the information is true, complete and accurate. If any part of Your Information is incorrect or incomplete:
3.3.1 you must complete or correct the information by using the functionality available on Latrobe Mobile; or
3.3.2 if no functionality is available on Latrobe Mobile to complete or correct the information, you must promptly notify LHS in writing.
3.4 You indemnify LHS from and against any liability, damage and expense that LHS incurs or suffers as a result of any false, incomplete or inaccurate Information.

4 Latrobe Mobile
4.1 Latrobe Mobile will have such functionality and features as LHS determines to provide from time to time. LHS may from time to time update or upgrade Latrobe Mobile without prior consent or notice to you.
4.2 Certain functionalities of Latrobe Mobile may require your devices to meet certain prerequisites (such as certain operating system version). The prerequisites may vary from time to time. You are solely responsible for ensuring that your devices meet all of the applicable prerequisites.
4.3 Latrobe Mobile is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of Latrobe Mobile to) may change, and you’ll need to download the updates if you want to keep using Latrobe Mobile. LHS does not promise that it will always update Latrobe Mobile so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. At some point we may wish to update Latrobe Mobile. We may also wish to stop providing the Latrobe Mobile and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination,
4.3.1 the rights and licenses granted to you in these terms will end;
4.3.2 you must stop using Latrobe Mobile, and (if needed) delete it from your device.

5 Security
5.1 You acknowledge that the nature of Internet and electronic means of communication are inherently insecure. While LHS will use reasonable endeavours to protect the security of Latrobe Mobile, LHS cannot provide any definitive assurance regarding security of Latrobe Mobile or the information stored on Latrobe Mobile. To the maximum extent permitted by law, LHS will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to unauthorised access to Latrobe Mobile or its database, or the interception of electronic communication between your computer system and Latrobe Mobile.

6 Disclaimers and liability
6.1 You may access Latrobe Mobile (using your Login Credentials) at any time but LHS does not warrant that access to Latrobe Mobile will be uninterrupted or available when required. LHS may alter, suspend or withdraw the availability of, or any feature on, Latrobe Mobile, or your access to it, at any time for any reasonable cause, including for system maintenance, security or performance issues. LHS cannot take responsibility for the Latrobe Mobile or Latrobe Mobile not working at full functionality if you don’t have access to the internet.
6.2 All content and services on or available through Latrobe Mobile are provided on an “as is” and “as available” basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
6.3 LHS goes to reasonable lengths to ensure that the information on Latrobe Mobile is complete and up to date. However, LHS makes no representation as to the accuracy, currency or completeness of any information or services at Latrobe Mobile.
6.4 You will exercise and rely solely on your own skill and judgement in your use and interpretation of the information available on Latrobe Mobile. You assume the entire risk of relying on this information. This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information.
6.5 LHS does not warrant that Latrobe Mobile or any other websites referred to in Latrobe Mobile (External Sites), or its server, will be free from viruses or defects.
6.6 To the maximum extent permitted by the applicable law, LHS excludes all terms, conditions, representations and consumer guarantees, express or implied in relation to Latrobe Mobile (or its use or functionalities).
6.7 To the maximum extent permitted by law, LHS excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data, loss of income or loss of profits, arising from or in connection with the access or use of Latrobe Mobile or any services available on the Latrobe Mobile (including the inability to use Latrobe Mobile ), whether or not caused by LHS’ negligence, and whether or not the possibility of loss was known to LHS.

7 Intellectual Property
7.1 Unless otherwise indicated, LHS owns or has licence to all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on Latrobe Mobile. LHS authorises you on a non-exclusive basis to reproduce and download the materials solely for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of Latrobe Mobile may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission or separate agreement from LHS.
7.2 All names, logos and trademarks on Latrobe Mobile are the property of their respective owners. Nothing on Latrobe Mobile should be interpreted as granting any rights to the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.

8 Third Party Materials and links to External Sites
8.1 Certain components or features of Latrobe Mobile may include materials from third parties (Third Party Materials) and/or hyperlinks to External Sites. LHS does not sponsor or endorse the Third-Party Materials or External Sites. LHS is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of any such External Sites or Third Party Materials and will not in any way be liable or responsible for any Third Party Materials or External Sites, including advertising, products or materials on or available from them.

9 Termination
9.1 LHS reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through Latrobe Mobile at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

10 Miscellaneous

10.1 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

10.2 These Terms are governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.