Our Medical Membership Progam Terms and conditions

1.    Introduction

o    The Our Medical Membership Program is the membership benefits program associated with Our Medical Centres administered by Our Medical Membership Pty Ltd ABN 39 638 141 447.

o    By registering as a Member, or by using or redeeming Benefits as part of the Our Medical Membership Program, you (or the parent or guardian who provided consent (if applicable)) accept and agree to be bound by these Terms and Conditions, as amended from time to time. It is your responsibility to read and understand them.

o    You will be provided with the opportunity to review these Terms and Conditions at the time of accessing and registering for Our Medical Membership Program, and following any future changes.

2.    Definitions

In these Terms and Conditions unless the context otherwise requires:

'ACL' means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010(Cth);

'Benefits' means a benefit such as Vouchers, local offers, Discounts, free vaccines and any other value offered or available from time to time to a Member for redemption as a part of the Our Medical Membership Program;

'Consumer' has the same meaning as that defined by the ACL;

‘Cornerstone’ means Wycombe Services Pty Ltd ABN 40 613 103 450 and its related bodies corporate (including Our Medical Membership);

‘Corporations Act’ means the Corporations Act 2001 (Cth);

‘Discounts' means a reduction in the asking price for a good or service provided at Our Medical Centre, third-party retail partners, co-located pharmacies and third-party pharmacies;

‘Force Majeure Event’ means a serious event or circumstance that is beyond Cornerstone’s reasonable control that materially obstructs with or otherwise prevents Our Medical Membership Program from operating as intended;

'GST' has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999;

‘Member’ or ‘You’ means any person who has completed registration of Our Medical Membership Program, as allowed by Cornerstone;

'Membership' means the account of a Member who has completed registration of Our Medical Membership Program;

‘Membership Account’ means the record of a Member's Membership, which is accessible to the Member online at rewards.ourmedical.com.au;

‘Our Medical Membership’ or ‘we’ or ‘us’ means Our Medical Membership Pty Ltd ABN 39 638 141 447;

‘Our Medical Membership Program’ means the membership program administered by Our Medical Membership and is accessible at rewards.ourmedical.com.au;

‘Pass’ or ‘Passes’ means the type of Membership tier as set out in clause 9.1 which the Member has selected and includes Access Pass, Access Pass PLUS and Family Pass PLUS;

'Privacy Policy' means the Cornerstone Privacy Policy available at https://www.cornerstonehealth.com.au/privacy-policy;

‘Related Entity’ has the meaning ascribed to that term in section 9 of the Corporations Act;

‘Our Medical Centres’ or ‘Centre’ > means Our Medical Centres and Our Medical Dental Centres which are owned and operated by Wycombe Services Pty Ltd ABN 40 613 103 450.

'Terms and Conditions' means these Terms and Conditions;

‘Vouchers' means any voucher in Australian Dollars that has been provided to a Member for use at any Our Medical Centre, third-party retail partners, co-located pharmacies and third-party pharmacies.

3.    Changes to Our Medical Membership Program

o    We reserve the right to make any changes (whether material or otherwise) to Our Medical Membership Program, these Terms and Conditions and the Benefits offered at Cornerstone’s discretion, including but not limited to:

  • changes to:
    • the ways in which Benefits are allocated and redeemed;
    • Benefit allocation and redemption;
    • Benefits, including the continued availability of Benefits;
    • Benefit restrictions or conditions; and
    • the expiry of accrued Benefits;
    • changes to the services on which Benefits may be earned;
    • changes to any Cornerstone or third-party company participation including restrictions on allocating and/or redeeming Benefits; and
    • changes to the operations of Our Medical Centres any associated products or services

o    Any changes to these Terms and Conditions will be available for Members to review via our website and you will able to cancel your Membership in accordance with these Terms and Conditions if you do not agree with those changes.

4.    Termination or Suspension of Our Medical Membership Program

o    We (and Cornerstone) give no warranty as to the continuing availability of Our Medical Membership Program. We may terminate or suspend the Our Medical Membership Program at any time. We will give at least three months’ notice to Members of such termination or suspension, except if Cornerstone ceases to operate, or a Force Majeure Event occurs, in which case Our Medical Membership Program access will cease immediately.

o    If we terminate or suspend the Our Medical Membership Program, Members will be able to redeem Benefits during the notice period in accordance with these Terms and Conditions

5.    Membership

o    Membership is provided upon a Member completing the Our Medical Membership Program registration process and accepting these Terms & Conditions. Membership commences on the date that Our Medical Membership Program access is granted to you and shall continue until terminated in accordance with these Terms & Conditions.

o    Members may have only one Membership Account and this must be in your own name. We may request you provide verification of your identity. Failure to provide reasonably requested identification details may result in cancellation of your Membership, including the forfeiture of any Benefits

o    The information you provide when registering for the Our Medical Membership Program must be accurate and current.

o    Our Medical Membership Program accounts are valid for use only by the Member and are not transferable under any circumstances.

o    Each Member must update Our Medical Membership Program via the Membership Account with any change of name, email, mobile number, credit card details, and family members (including adding or removing family members) or other details as soon as practicable after the change. We are not responsible for any failure by a Member to make any changes in accordance with this clause, or for any incorrect changes processed.

o    You may, at any time, cancel your Membership by providing written notice to us. Upon receipt of a written notice, we will cancel the relevant Membership and all Benefits in that your Membership Account will immediately expire. Accordingly, we recommend that Members carefully plan all cancellations to avoid unintentional loss of Benefits. Monetary refunds will not be provided in relation to cancellation requests for Access Pass PLUS and Family Pass PLUS.

o    To register to become a Member, you must be a minimum of 14 years old.

o    We reserve the right to reject or request a change to a Membership account where a Member account details are inappropriate, illegal or otherwise offensive, or similar to existing account details.

o    We may at any time, reject an application for or otherwise cancel a Membership if you have been previously banned from Our Medical Membership Program, are banned from any Our Medical Centre, or otherwise breach these Terms and Conditions or if in our opinion utilising the Our Medical Membership Program for illegal activity.

6.    Member obligations and responsibilities

o    Members must not:

  • act in any way which breaches these Terms and Conditions; or
  • abuse or misuse Our Medical Membership Program, any Benefits, facilities, offers, services or arrangements accorded to the Member as a result of Membership including by:
  • engaging in illegal or fraudulent activities;
  • supplying or attempting to supply false or misleading information, or making a misrepresentation;
  • selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefit other than in accordance with these Terms and Conditions; or
  • using any automated software or other automated means to enter into or otherwise inappropriately manipulate a promotion or Our Medical Membership Program.

o    Members must ensure that they only use valid Vouchers from their Membership Account and make no attempt to use previously redeemed Vouchers.

o    Members are responsible for keeping their Membership details confidential and the Member is responsible for any activity via their Membership Account. In the event of unauthorised use of a Membership Account, it is the Member’s responsibility to advise the Our Medical Membership Program as soon as possible.

o    Members are responsible for managing access to their Membership Account and must keep personal details (including passwords and details for accessing their Membership Account) secure. Any use by other parties, including employees, agents, suppliers or relations (whether authorised or unauthorised) is solely at the risk of Members and the Member will have no recourse to Cornerstone for any activities which take place within the Membership Account by such persons without Member’s authority. This includes the redeeming of any Benefits.

7.    Suspension or Termination of Membership

o    If a Member has committed a breach of any of the Terms and Conditions or if we identify (in our opinion) any suspicious activity, fraud or abuse, then we may do any one or more of the following:

  • suspend or terminate the Member's Membership and/or the right of the Member to use their Benefits
  • reverse or cancel the Member's Benefits or any part thereof; or
  • cancel or refuse to honour any Benefits or both, that have been redeemed by or provided to the Member.

o    Membership will terminate automatically on the death of the Member. Benefits earned but not yet redeemed will be cancelled. We will close the Member's Our Medical Membership Program account on notification of the Member’s death. Our Medical Membership will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

8.    Benefits

o    Members will be allocated Benefits according to their Membership Pass, for redemption at Our Medical Centres and participating third-party retailers.

o    Our Medical Membership reserves the right to reverse or cancel any Benefits credited to a Member incorrectly, or not in accordance with, or in breach of, these Terms and Conditions at any time.

o    Our Medical Membership reserves the right to change the way Benefits can be earned at any time.

o    Our Medical Membership (and Cornerstone) will not be responsible for activity within a Member account which occurs because of human error by the Member or any person using the account. This includes the redeeming of Voucher or application of Discounts without intending to do so and provision of incorrect email or mobile phone number details. While Our Medical Membership may consider reversing such activities on a case-by-case basis, the responsibility lies solely with the Member.

o    Vouchers are provided up to the value indicated and must be used in a single transaction. The voucher amount will be applied only after any applicable health fund rebate is processed. Vouchers expire 12 months after issue and are not redeemable for cash.

o    Any additional Benefits are provided at our absolute discretion and can be updated and/or removed at any time without notice.

9.    Membership Passes

o    Three unique Membership Passes are available to Members with access to different Benefits as follows:

  • Access Pass (no cost to Member)
    • One $20* Dental Voucher
    • One $20* Physio Voucher
    • Access to any available local retailer offers
       
  • Access Pass PLUS ($25/annum)
    • One $50* Dental Voucher
    • One $50* Physio Voucher
    • 5% discount on over-the-counter items at the participating pharmacy (where available)
    • 5% discount on travel vaccines (where available)
    • Free flu vaccines
    • Access to any available local retailer offers
       
  • Family Pass PLUS ($45/annum)
    • Two $50* Dental Vouchers
    • Two $50* Physio Vouchers
    • 5% discount on over-the-counter items at the participating pharmacy (where available)
    • 5% discount on travel vaccines (where available)
    • Free flu vaccines
    • Access to any available retailer local offers.

o    Except as otherwise provided in these Terms and Conditions, Access Pass PLUS and Family Pass PLUS will expire one year from the subscription date if the Member opted-out of auto-renew. We will notify you 30 days prior to the expiration date.

o    If you choose not to renew an Access Pass PLUS and Family Pass PLUS within the given timeframe, your Membership Pass will automatically change to an Access Pass following the expiration of the Access Pass PLUS or Family Pass PLUS. Benefits only available for paid Passes will be not be redeemable and will immediately removed from the account.

o    Benefits provided as part of the Access Pass PLUS and Family Pass PLUS cannot have Benefits re-credited once the Membership Pass has expired. Any re-crediting of Benefits will be at our complete discretion.

o    Physiotherapy voucher applies to consultation fees only. This excludes stock such as casts/equipment.

o    Discounts in pharmacies excludes items already on special.

10.  Transfers

o   A Member cannot transfer Benefits to another Member account or to a non-Member.

11.  Redeeming Vouchers, Discounts and Benefits

o    Unless otherwise stated, Benefits including Vouchers and discounts may be redeemed by Members by either presenting their digital Membership card, Voucher or by providing an eligible Membership or Voucher number at Our Medical Centres or at participating third parties (subject to the third party’s terms and conditions).

o    It is a Member’s responsibility to determine the suitability of a Benefit for a Member. Benefits must be taken “as is” and cannot be used in conjunction with any other promotion, discount or offer, sold, redeemed for cash, assigned, or otherwise dealt with.

o    Vouchers are not replaceable if lost or stolen.

o    Access Pass PLUS Benefits and Family Pass PLUS Benefits will be renewed at each anniversary from the subscription commencement date subject to the ongoing renewal of the relevant Pass. Benefits cannot be carried over when an anniversary has been reached, but will be refreshed at every Membership anniversary.

o    The number of Benefits made available to a Member in relation to a particular Pass is determined by Our Medical Benefits. We do not give any warranty or make any representation in relation to the underlying value of any Benefits.

o    Members must have in their account valid Vouchers at the time a redemption is processed. Members cannot attempt to use previously redeemed or expired Vouchers. Vouchers expire 12 months from issue.

o    Members may present their valid Voucher to the receptionist at an Our Medical Centre to have them redeemed for services provided. Members must present their digital membership card to the pharmacist or third-party retailer to access Discounts available, subject to the terms and conditions of any third party parties. Priority Visit Vouchers are only available to Our Medical Membership Program Members who upgraded to Access Pass PLUS or Family Pass PLUS accounts before 5 May 2023. Unused Priority Visit Vouchers must be redeemed by the Member via “GP Check-in” in the Our Medical app before the voucher expiry date. Unused vouchers will not be reissued once expired.

o    Each individual Voucher can only be used once, up to the maximum value of the Voucher, and no change will be given. Vouchers will only be applied to any remaining out-of-pocket cost, after health fund rebates have been processed.

o    Vouchers are not redeemable for cash and not transferable to any other Member.

o    Our Medical Membership may also gift Benefits to certain Members at our discretion. Gifted Benefits may have a shorter expiry period and may be restricted to be used only at select Our Medical Centre locations.

o    Our Medical Membership may at any time and without prior notice to Members withdraw, limit, modify, cancel, increase or decrease any particular Benefit.

o    By redeeming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents relating to personal information specified in clause 12 and the Cornerstone Privacy Policy. Benefits may only be earned and/or redeemed in accordance with these Terms and Conditions as amended from time to time.

12.  Personal and Business Information

o    Each Member acknowledges and understands that Our Medical Membership collects, uses and discloses information about the Member in accordance with the Privacy Policy and these Terms and Conditions for the purposes of the Our Medical Membership Program including (but not limited to) special promotions, monitoring your account, personalised marketing, customer service, market research or marketing material via any method, or for other reasonable related purposes.

o    If the Member permits device location settings on the device they are using Our Medical Membership Program, the web browser will track the Members location. If a Member completes ‘card linking’, the Member expressly consents to Our Medical Membership sharing a Members personal information with the third party payment provider Our Medical Membership utilises from time to time.

o    If the Member does not provide all or any part of the requested information, the services provided to that Member by Our Medical Membership, and the Benefits that the Member receives, may be affected.

o    Our Medical Membership collects personal and business information about each Member, including their engagement with Our Medical Membership Program. The kinds of personal information that we may collect and hold from you or about you include:

  • contact information, such as your name, e-mail address and mobile number;
  • date of birth;
  • account information such as username, password and transaction history, and;
  • any other personal information submitted to us by you.
  • In your interactions with us, we may include links to various third-party websites. If we do that, the third parties will be responsible for their content and what they do with any personal information they collect.
  • For further information visit the Cornerstone Privacy Policy – https://www.cornerstonehealth.com.au/privacy-policy.

o    Marketing consent: By becoming a Member of Our Medical Membership Program, the Member provides their express consent to Our Medical Membership and/or Cornerstone to send marketing communications including via Our Medical Membership Program, email, SMS or other digital means.

  • the Member can opt out of receiving all or any of these communications:
  • for email unsubscribing via link at the bottom of any email communication;
  • for SMS messages, by opting out directly from an SMS.
  • opting out of these communications will impact Our Medical Membership and Cornerstone’s ability to effectively communicate with the Member and advise of special offers or upcoming expiry of Benefits.

o    When Members browse Our Medical Membership Program or contact Our Medical Membership electronically, Our Medical Membership may record geographical tagging, cookies and statistical data. This may include the Member’s IP address, date and time of the Member’s visit, operating system, language preferences, device characteristics, pages visited, information downloaded and type of browser used to access the website.

o    While Our Medical Membership Program may contain links to other websites with the exception of related entities, those websites are not subject to Cornerstone’s privacy standards, policies and procedures. We recommend that Members make their own enquiries as to the privacy policies of these third parties. Neither Our Medical Membership or Cornerstone is responsible for the privacy practices of these third parties.

13.  Liability and Warranties

o    Our Medical Membership acknowledges that certain jurisdiction's laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers in Australia, certain services come with statutory guarantees under the ACL that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 13.2 is not intended to exclude or restrict the application of such laws.

o    Subject to clause 13.1, and to the extent permitted by law in any applicable jurisdiction, Cornerstone, its constituency corporate entities, any of their respective officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or Our Medical Membership Program, including, without limitation, any changes to the Terms and Conditions of Our Medical Membership Program, save to the extent that such loss or claim arises from the negligence or wilful misconduct of Our Medical Membership or Cornerstone.

o    Our Medical Membership and Cornerstone are not liable if interference with or damage to a Member’s computer systems occurs in connection with the use of Our Medical Membership Program or linked websites.

o    Members are required to update and retain their registered personal details for access to Our Medical Membership Program, and acknowledge that any activity, accumulated Benefits will be forfeited if Members are unable to correctly login to Our Medical Membership Program using their registered login credentials.

o    Our Medical Membership and Cornerstone are not liable for any damage to or any viruses which may affect a Member’s computer on account of your access to Our Medical Membership Program.

o    To the extent permitted by law, Our Medical Membership Program is provided on an “as is” basis. Our Medical Membership and Cornerstone each disclaims any warranties (either express or implied) as to fitness for a particular purpose, merchantability, non-infringement, accuracy or that Our Medical Membership Program will be free from malicious code or error-free.

o    While uses commercially reasonable efforts to include accurate and up-to-date information on Our Medical Membership Program, Our Medical Membership and Cornerstone make no warranties or representations as to its accuracy.

o    Cornerstone assumes no liability or responsibility for any errors or omissions in the content of Our Medical Membership Program.

14.  General

o    Interpretation: In these Terms and Conditions, unless the contrary intention appears:

  • the singular includes the plural and vice versa;
  • dollars or '$' means Australian dollars;
  • unless otherwise stated, all dollar amounts include any applicable GST;
  • dates or times are Universal Time Code (or GMT) dates or times;
  • a reference to 'include' or 'including' means 'including but not limited to'.

o    Governing Law: The Terms and Conditions and membership in Our Medical Membership Program are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for Membership has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of New South Wales.

o    Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including but not limited to under the Competition and Consumer Act (2010) Cth and under State and Territory consumer protection legislation.

o    If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

o    Our Medical Membership recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Membership and Benefits. Our Medical Membership is not responsible for any taxes applicable to the Membership and Benefits, that is solely the Member’s responsibility.

o    Our Medical Membership may, change or add to Our Medical Membership Program, any information or offers including products and services contained herein at any time.

o    While Our Medical Membership will use all commercially reasonable efforts to ensure that information on Our Medical Membership Program is accurate and up to date, Cornerstone will not be liable to Members for any errors displayed within Our Medical Membership Program.

15.  Electronic Listings and Advertisements

o   Our Medical Membership do not accept responsibility for the accuracy, error or omission in any Benefits or advertisements published within Our Medical Membership Program and disclaims all liability to Members for any loss or damage arising from such inaccuracy, error or omission.