By downloading or using the HCF Thank You loyalty program (Program) mobile application (Application) or accessing any offers or rewards through the Application (including through Reward Partners), you agree to be bound by these terms and conditions (Terms) and a legal agreement (agreement) is formed between you (you) and The Hospitals Contribution Fund of Australia Ltd ABN 68 000 026 746 of 403 George Street, Sydney NSW 2000, Australia (HCF, we, our, us) on these Terms. If you do not agree to be bound by these Terms, please do not download or use the Application, or access any offers or rewards via the Application.
1. ELIGIBILITY TO USE OUR APPLICATION
1.1 To use the Application, you must be 18 years of age or older.
1.2 If we become aware that you do not meet the criteria in clause 1.1, we may terminate or suspend your access to the Application.
2. ACCESS TO OUR APPLICATION
2.1 You must:
2.1.1 install only one copy of the Application onto your Device;
2.1.2 use the Application for your own personal, non-commercial use;
2.1.3 use the Application in accordance with these Terms; and
2.1.4 ensure that you have downloaded the latest version of the Application.
2.2 We may, from time to time, update or modify the features or functionality of the Application to reflect developments in technology or to alter or add to existing functionality. Any available updates, enhancements and new versions of the Application will become automatically available when you next access the Application.
2.3 You are responsible for making all arrangements necessary to access the Application. You are also responsible for ensuring that all persons who access the Application through your Device and internet connection are aware of these Terms, and that they comply with them.
3. PROHIBITED USES OF APPLICATION
3.1 You must not use the Application:
3.1.1 in any way that breaches any applicable law or regulation;
3.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. This includes, for example, by hacking into or introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful into the Application;
3.1.3 for the purpose of harming or attempting to harm individuals in any way;
3.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including "spam");
3.1.5 to attempt to gain unauthorised access to, interfere with, damage or disrupt the Application, any software used in the provision of the Application or any server, computer or database connected to the Application, including via a denial of service attack or a distributed denial of service attack;
3.1.6 in a way that could damage, disable, overburden, impair or compromise the Application, or its systems or security, or in a way that could interfere with another user's rights, use or enjoyment of the Application;
3.1.7 to reproduce, duplicate, copy, sell, trade, or resell the Application content (including its design and look) or any output derived from the Application. You are not entitled to modify or redistribute the Application content (including its design and look) or any output or to reproduce, store, link, frame or deep-link it on any other Application or in any other medium or format without our prior written consent; or
3.1.8 for commercial exploitation in any circumstances.
4. ELIGIBILITY FOR THE PROGRAM
4.1 To access the Program, you must:
4.1.1 be covered under an Eligible Policy that is active (not suspended or paused);
4.1.2 be up-to-date with premium payments; and
4.1.3 meet the recognition criteria for the Opal, Emerald, Ruby or Diamond Membership Tier.
4.2 Subject to clauses 4.3 to 4.8 below, Eligible Members who have been continuously covered under an Eligible Policy for the following periods of time, will be recognised as having the corresponding Membership Tier:
4.2.1 5 years or less – Opal;
4.2.2 More than 5 years, up to and including 10 years – Emerald;
4.2.3 More than 10 years, up to and including 25 years – Ruby;
4.2.4 More than 25 years – Diamond.
4.3 An Eligible Member who ceases to be covered under an Eligible Policy will no longer be able to access the Program from the date of the cessation.
4.4 If an Eligible Member leaves the Eligible Policy and establishes their own Eligible Policy within 90 days, they will retain the Membership Tier of their previous Eligible Policy and their tenure will be considered to be the same as that of the policyholder on the previous Eligible Policy for the purpose of the Program. For example, if a teenager is covered under their parent’s policy with Diamond tier status, and they leave that Eligible Policy to establish their own Eligible Policy within 90 days, they will retain Diamond tier status on their new Eligible Policy.
4.5 If the policyholder on an Eligible Policy dies, any other Eligible Members on that Eligible Policy at that time will be recognised as having the same Membership Tier as the policyholder and their tenure will be considered to be the same as that of the policyholder for the purpose of the Program, even if they move to another existing or new Eligible Policy.
4.6 If existing Eligible Members combine their Eligible Policies into one, the highest Membership Tier from the Eligible Members will be assigned to each Eligible Member and the tenure of each Eligible Member will be considered to be the same as the Eligible Member with the highest Membership Tier for the purpose of the Program, even if the policyholder is only eligible for a lower Membership Tier.
4.7 If an Eligible Member transfers from an Ineligible Policy to an Eligible Policy within 90 days, their tenure on the Ineligible Policy will be recognised for the purpose of determining their Membership Tier.
4.8 If an Eligible Member pauses their Eligible Policy because:
4.8.1 they are overseas, HCF will not recognise the paused period for the purpose of determining the Eligible Member's Membership Tier; or
4.8.2 of their unemployment, sickness, hardship or natural disaster, HCF will recognise the paused period for the purpose of determining the Eligible Member's Membership Tier.
4.9 HCF reserves the right to allocate, at its discretion, a higher Membership Tier to an Eligible Member than they are eligible for under clause 4.2.
5. PROGRAM OFFERS AND REWARDS
5.1 HCF will publish offers and rewards through the Application including offers and rewards made by HCF or by a Reward Partner.
5.2 HCF may, at its discretion, offer different Program offers and rewards to different Eligible Members depending on their Membership Tier.
5.3 Depending on the Reward Partner, the Eligible Member will be required to access offers in different ways. This may involve clicking on a website link, utilising a promotional code, displaying the HCF membership card, completing a registration process, or other processes as specified by HCF and/or the Reward Partner, through the Application. An Eligible Member must follow the specified process to access that offer or reward.
5.4 HCF may at any time, without advance notice to Eligible Members offer additional or otherwise limit, change, suspend or terminate:
5.4.1 the offers and rewards of any Membership Tier; and
5.4.2 the availability of any offer or reward under the Program.
5.5 HCF gives no warranty as to the ongoing availability of the Program, the Application or any benefit conferred by it.
5.6 When you redeem an offer or reward provided by a Reward Partner, you acknowledge and agree that you enter into a separate contract with the Reward Partner for the provision of the offer or reward and/or the goods or services purchased, and agree to be bound by the terms and conditions specified by the Reward Partner.
5.7 For any issues with orders placed via Reward Partners for goods or services, including cancellations, refund requests, delayed or missing orders or damaged goods, the Eligible Member must contact the Reward Partner to address those issues.
6. LIMITS ON OFFERS (DISCOUNTING RULES)
6.1 Eligible Members who have reached their maximum discount allowance under the Private Health Insurance (Complying Product) Rules (Cth) (Discounting Rules) will not be eligible to receive any future offers or rewards through the Application that are regulated by the Discounting Rules for a further twelve months.
7. EARNING HCF DOLLARS
7.1 When an Eligible Member makes an Eligible Purchase, the Eligible Member will begin accruing HCF dollars as offered by the Reward Partner, and subject to their terms and conditions. Reward Partners may change its terms and conditions for earning HCF dollars, but any changes will not apply to an Eligible Purchase that has already been transacted. You should check the Reward Partner's terms and conditions for any changes to HCF dollars eligibility.
7.2 Should you become aware of receiving HCF dollars that you are not eligible to receive, you must inform HCF at the earliest opportunity so that the transaction can be removed.
7.3 You acknowledge and agree that HCF dollars may not be credited to your account immediately and will vary depending on the Reward Partner and the nature of the goods or services purchased. You acknowledge and agree that it may take:
7.3.1 a number of months from the date you purchased a good or service for you to become eligible for HCF dollars, depending on the Reward Partner's terms and conditions (e.g. for travel purchases, you must complete the travel before you become eligible for HCF dollars);
7.3.2 once eligible, it may take up to 14 days to display the HCF dollars as part of your pending balance in your digital wallet in the Application; and
7.3.3 up to 120 days from the date the HCF dollars accrued as 'pending', for the HCF dollars to be cleared and redeemable.
7.4 If any of the above time periods have lapsed and your HCF dollars are not showing in your digital wallet in the Application, you may submit a claim via the Contact Us pages on the Application and HCF will investigate that transaction for you directly with the Reward Partner.
7.5 HCF or a Reward Partner may refuse to award HCF dollars, or reverse (i.e. debit) any HCF dollars which have been allocated (i.e. credited) to you (whether pending or cleared), where you have returned the goods, cancelled the services or you have been refunded for the goods or services, in respect of which those HCF dollars were accrued.
7.6 HCF may also reverse HCF dollars which have been allocated to you if the HCF dollars were allocated to you by mistake (including by reason of our error) or if you earned them through unintended, deceptive, dishonest, or fraudulent means or by contravening these Terms.
7.7 HCF reserves the right to monitor your purchase history to ensure that any HCF dollars are accrued in accordance with the Reward Partners' terms and conditions, and these Terms.
7.8 If you terminate this agreement for any reason (including by deleting the Application or cancellation of your Eligible Policy):
7.8.1 we may retain your Eligible Policy information for record-keeping purposes and, for any other purposes permitted by HCF's Privacy Policy; and
7.8.2 all HCF dollars will be redeemable for 90 days from the date you terminate this agreement only for a digital Prepaid Mastercard®(s) card through the Application, provided you have more than 5 HCF dollars. If you have less than 5 HCF dollars accrued, you agree and acknowledge that HCF can donate these HCF dollars to the HCF Research Foundation.
7.9 If HCF terminates the agreement for any reason, HCF dollars will be redeemable for 90 days from the date HCF terminates the agreement only for a digital Prepaid Mastercard®(s) card through the Application, provided you have more than 5 HCF dollars. If you have less than 5 HCF dollars accrued, you agree and acknowledge that HCF can donate these HCF dollars to the HCF Research Foundation.
7.10 If you do not redeem your HCF dollars within the 90 days from the date HCF or you terminate the agreement, you will automatically forfeit the remaining HCF dollars in the Application and HCF reserves the right to donate these HCF dollars to the HCF Research Foundation.
7.11 HCF dollars may be affected by certain settings or software products installed or used on your Device which prevents the Application or Reward Partner from tracking your actions. If there is an incompatibility with the settings on your Device which prevents us or the Reward Partner from tracking Eligible Purchases then HCF reserves the right not to allocate the HCF dollars.
ENJOYING AND WITHDRAWING HCF DOLLARS
7.12 The HCF dollars status for members will be updated according to the following:
7.12.1 redeemable – these are cleared rewards from the Reward Partner. This will occur when the Reward Partner has settled the offer or reward with HCF; or
7.12.2 pending – these rewards have not yet been cleared by the Reward Partner.
7.13 HCF dollars will be made available for redemption by the Eligible Member when they have a balance of 20 HCF dollars or more. If the minimum 20 HCF dollars has not been reached, the HCF dollars cannot be redeemed.
7.14 Where an Eligible Member has received HCF dollars from a Reward Partner and then returns the item and receives a partial or full refund, and the Reward Partner notifies HCF of the return, the debit is applied to the Eligible Member’s account. If an Eligible Member's account falls into arrears, any future HCF dollars accrued will first be deducted off the debit balance until that Eligible Member falls into positive balance again.
7.15 Eligible Members can see the total HCF dollars accrued by logging in to the Application and checking the HCF dollars balance in the digital wallet in the Application. The displayed balance is an estimate only, and subject to clause 14.1 and to the fullest extent permitted by applicable law, HCF does not guarantee the accuracy of the displayed balance.
7.16 Eligible Members may (subject to clause 7.13) redeem accrued HCF dollars for a digital Prepaid Mastercard®(s) card, when available. Subject to clause 14.1 and to the fullest extent permitted by applicable law, HCF cannot guarantee that the digital Prepaid Mastercard® card will always be available. The range of currency or products that HCF dollars can be converted to may change without notice.
7.17 The digital Prepaid Mastercard® card is issued by TCN Group Pty Ltd ABN 87 626 501 568 (TCN). The digital Prepaid Mastercard® card is subject to the Mastercard Gift Card terms and conditions that can be viewed at https://thinkwink.com.au/tos
7.18 The Mastercard® card is a digital Prepaid Mastercard card, just like a regular Prepaid Mastercard® card but can only be used via the Device's digital wallet.
7.19 Once the redemption criteria is met, to access the digital Prepaid Mastercard® card you will need to provide a mobile phone number to TCN to receive an SMS with a link to your personalised digital Prepaid Mastercard®card via the TCN application. If you do not already have the TCN application, this link will also direct you to your Device's application store where you can download and install the TCN application.
7.20 You must activate your digital Prepaid Mastercard® card within 3 months of receiving your SMS, or any rewards credit in the digital Prepaid Mastercard® card will be forfeited.
7.21 Once activated, the digital Prepaid Mastercard® card can be added to your Device's digital wallet (e.g. Apple Pay, Google Pay or Samsung Pay) and used anywhere that accepts contactless payment and Mastercard.
7.22 Your digital Prepaid Mastercard® card is valid for 12 months from the date of accessing it and cannot be used after this expiry. Any balance that remains after the expiry date will not be available for use and will be forfeited by you.
7.23 If you notice any error relating to your digital Prepaid Mastercard® card or have a query about your digital Prepaid Mastercard® card, you should contact the TCN support team on 1300 375 346 Monday to Friday 9am – 6 pm or Saturday 10am – 5pm Melbourne time, or at support@thecardnetwork.com.au.
7.24 Eligible Members may (subject to clause 7.13) use accrued HCF dollars toward a premium payment for any HCF insurance policy (except for premium payments made via payroll deduction for eligible HCF staff members).
7.25 If due to technical, administrative or other error the HCF dollars balance of your account exceeds the correct value then you must inform HCF at the earliest opportunity. The status codes of HCF dollar payments in your account are for guidance only and represent HCF's best understanding of the status of the payment. You are not permitted to request a withdrawal of funds gained from HCF dollars that you know you are not eligible to receive. HCF reserves the right to take legal and/or other remedies to recover these payments.
7.26 HCF dollars may only be collected and used for personal and household reasons only. You may not collect or use HCF dollars for any purchases on a charge account (i.e. where payment is not due upon completion of the transaction but only 30 days or some other agreed period thereafter) or for any other commercial purpose (which includes not-for-profit association purposes). HCF dollars are conditional on you purchasing normal household quantities, and we reserve the right to apply purchase limits for the collection of rewards, at our discretion and without notice.
8. ELIGIBLE MEMBER OBLIGATIONS AND RESPONSIBILITIES
8.1 It is your responsibility to read and accept the offer or reward terms and conditions before redeeming a particular offer. If there is any inconsistency between these Terms and any of those additional terms and conditions, the provision in these Terms will prevail to the extent of any inconsistency.
8.2 All services, offers, rewards and promotions are for your personal use only and are not transferable in any circumstances.
8.3 Where delivery of a product forms part of an offer, reward or promotion you must ensure that you enter the correct delivery details at the point of purchase and/or redemption. HCF and its Reward Partners will not be responsible or liable for products, and will not replace products, that are sent to incorrectly submitted delivery addresses.
8.4 It is your responsibility to advise HCF in the event of a loss, theft or unauthorised use of your Application account as soon as possible.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge and agree that we and our licensors are the owners of and will retain all rights, title and interest in all Intellectual Property Rights in:
9.1.1 the Application;
9.1.2 any improvements, enhancements or modifications to the Application; and
9.1.3 all data, content and other Intellectual Property Rights derived from or created by the Application (other than your User Data).
9.2 You grant us a non-exclusive, non-transferable, perpetual, royalty-free licence to use the User Data for the purpose of making the Application available to you and for the purpose of making any improvements to the Application and/or other HCF products and services.
9.3 You must not:
9.3.1 remove any copyright, trade mark or other Intellectual Property Rights from the Application;
9.3.2 make use of any of our trade marks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so; or
9.3.3 to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the Application.
10. PRIVACY AND DATA PROTECTION
10.1 We collect and process personal information about you in accordance with the HCF Privacy Policy, as may be applicable.
10.2 By using the Application, you agree that we will collect and process your personal information in accordance with the HCF Privacy Policy.
10.3 It is a condition of your use of the Application that if you redeem a Reward Partner offer you consent to:
10.3.1 HCF (and its Reward Partners) using your personal information to operate and provide you with Program offers and other rewards from HCF;
10.3.2 HCF (and its Rewards Partners) using your personal information for the purposes described in its (and their) privacy policy;
10.3.3 HCF (and its Reward Partners) sharing your personal information within the HCF Group and with Reward Partners (some of whom may be overseas), as described in its privacy policy; and
10.3.4 HCF (and its Reward Partners) exchanging, collecting and using personal information relating to you and the Application, to provide you with the Program offers and other rewards.
10.4 You may access or correct your personal information held by HCF, or make a complaint about its privacy practices, as describes in HCF's Privacy Policy.
10.5 HCF may provide information about Eligible Members to its Reward Partners, and Reward Partners may provide information to HCF about offers Eligible Members access through them.
10.6 If you do not want to receive communications about the Program, you can opt out of receiving Program communications by clicking the ‘unsubscribe’ link in any communication you receive. If you opt out you may no longer be notified of Program offers.
11. COMPLAINTS
11.1 Subject to clause 14.1, an Eligible Member may escalate their complaint to HCF by calling us on 13 13 34, visiting a branch, sending HCF an email via the website or in writing to The Hospital Contribution Fund at Australia Ltd at PO BOX 4242 Sydney, NSW 2001. HCF will make reasonable effort to seek resolution of the issue on the Eligible Member’s behalf. This no way denotes acceptance of liability by HCF. Nothing in this clause affects any rights an Eligible Member may have which by law cannot be excluded, including under the Australian Consumer Law and any other Federal State or Territory consumer protection legislation (refer to further clause 10.6).
12. WARRANTIES AND DISCLAIMER
12.1 By downloading the Application, you warrant that you:
12.1.1 are legally capable of entering into binding contracts either on your own behalf;
12.1.2 are not a person barred from accessing the Application according to the applicable law; and
12.1.3 will comply with these Terms.
13. TERMINATION AND SUSPENSION
13.1 Either party may terminate this agreement immediately at any time, with notice, if the other party has materially breached these Terms.
13.2 You may terminate this agreement, at any time, by ceasing your use of the Application, logging out of your account on the Application, deleting the Application from all Devices you have installed it on or cancelling your Eligible Policy.
13.3 If this agreement is terminated for any reason by HCF, HCF has the right to unlink your Eligible Policy from your account on the Application or block your access to the Application.
13.4 HCF may suspend and/or terminate the Application at any time for any reason by providing at least one month's notice.
14. OUR LIABILITY
14.1 If a supply under this agreement is a supply of goods or services by HCF to you as a consumer within the meaning of the Australian Consumer Law, then nothing contained in this agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law.
14.2 Subject to clause 14.1, neither HCF nor its Reward Partners will incur any liability in relation to any loss, damage, costs or expenses suffered or incurred by you as a result of:
14.2.1 the suspension and/or termination of the agreement in accordance with the Terms;
14.2.2 any theft of or third party interference with anything an Eligible Member is entitled to under the agreement;
14.2.3 any tax liability incurred by an Eligible Member; or
14.2.4 in relation to HCF only, the Eligible Member's use of goods or services purchased through the Program, except to the extent that any loss, damage, costs or expenses suffered or incurred were caused or contributed to by HCF.
14.3 Subject to clause 14.1 and to the fullest extent permitted by law, you acknowledge and agree that access to and use of the Application is provided on an "as is" basis and we make no express warranties in relation to the availability, ongoing functionality, quality or accuracy of outputs or performance of the Application.
14.4 Subject to clause 14.1 and to the fullest extent permitted by applicable law, neither party will be liable to the other party, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss, loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, and loss of use or corruption of software, data or information arising under, or in connection with your use of the Application.
15. OUR APPLICATION CHANGES REGULARLY
15.1 We aim to update the Application regularly and may change the content at any time. If the need arises, we may suspend access to the Application, or close it indefinitely. Any of the material or information on the Application or on a third party website which you visit through the Application may be out of date at any given time and we are under no obligation to update such material or information.
15.2 Subject to clause 14.1, you agree that we are not liable to you for all and any losses arising out of any out of date material or information.
16. ADVERTISING
16.1 In accordance with the HCF Privacy Policy, we may, through the Application:
16.1.1 advertise, certain HCF services, offers and promotions available to you. The terms that apply to such offers will be notified to you; and
16.1.2 include advertising by third parties, where the Application contains third party advertising that links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them, their content, or for any loss or damage that may arise from your use or consideration of them.
17. CHANGES TO THESE TERMS
17.1 From time to time, HCF may update or change any terms of these Terms by updating the Terms on the Application. The Eligible Member should regularly check the Application for any changes. If HCF makes a material change to any of these Terms that is detrimental to Eligible Members, HCF will provide notice through the Application. If you do not agree with any amendments to these Terms, you may terminate the agreement in accordance with clause 13.2.
17.2 You agree that if you use the Application after the date on which such changes to the Terms have occurred, we will treat your use of the Application as acceptance of the changed Terms.
18. APPLE TERMS
18.1 This clause 18 only applies if you access the Application through Apple's App Store (App Store).
18.2 You acknowledge and agree that:
18.2.1 this agreement is between you and HCF and not with Apple and that, as between HCF and Apple, HCF is responsible for the Application and the content;
18.2.2 the licence granted to you under clause 2.1 to use the Application is non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the purchaser via ‘Family Sharing’ or volume purchasing;
18.2.3 HCF, and not Apple, is responsible for:
(a) providing any maintenance and support services with respect to the Application;
(b) any express or implied warranties to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HCF’s sole responsibility; or
(c) addressing any claims you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation; and
(d) the investigation, defense, settlement and discharge of any such claim in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights;
18.2.4 you must comply with applicable third party terms of agreement when using the Application; and
18.2.5 Apple and its subsidiaries are third- party beneficiaries of this agreement and Apple has the right (and will be deemed to have accepted the right).
18.3 You represent and warrant that:
18.3.1 you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
18.3.2 you are not listed on any U.S. Government list of prohibited or restricted parties.
19. GOOGLE PLAY STORE TERMS
19.1 This clause 19 only applies if you access the Application through the Google Play Store.
19.2 You acknowledge that:
19.2.1 these Terms are between you and HCF only, and not with Google, Inc. (Google);
19.2.2 your use of the Application must comply with Google’s then-current Google Play Store Terms of Service;
19.2.3 Google is only a provider of the Google Play Store where you obtained the Application;
19.2.4 HCF, and not Google, is solely responsible for the Application;
19.2.5 Google has no obligation or liability to you with respect to the Application or these Terms; and
19.2.6 Google is a third party beneficiary to these Terms as it relates to the Application.
20. GENERAL
20.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
20.2 A party must do all things and execute all documents that are reasonably necessary to give full effect to these Terms.
20.3 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and must be construed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
20.4 If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
21. DEFINITIONS
21.1 In addition to the capitalised terms defined elsewhere in these Terms, the following terms shall have the meanings set out below.
"Application" means the application published by us, named the HCF Thank You app, for use on Devices through which you can access HCF Thank You offers and rewards;
"Device" means a smartphone or any other device on which the Application may be accessed, as determined by us from time to time;
"Eligible Member" means a person that meets the eligibility criteria in clause 1.1 and 4.1;
"Eligible Policy" means a private health insurance policy issued by HCF under an HCF-branded product except for Overseas Visitors Health Cover and Ambulance Only Cover, and any additional insurance policies determined by HCF as specified in the Application;
"Eligible Purchase" means any transaction that:
(i) is made by an Eligible Member via the Application;
(ii) occurs at a Rewards Partner website visited directly via a hypertext link from the Application (e.g. you cannot use a hypertext link to one Reward Partner, then from that Reward Partner follow a hypertext link to another Reward Partner listed on the Application, without visiting the second Reward Partner directly from the Application);
(iii) if applicable, complies with the Rewards Partner's terms and conditions, meets any minimum spending requirements set out in the offer or reward and any instructions provided through the Application; and
(iv) is paid in full;
"HCF dollars" means incentive dollars provided to Eligible Members as part of the Program, as described in the Application, and recorded in the Eligible Member's digital wallet in the Application, and which is provided on the purchase value of the applicable offer or reward
"HCF Group" means HCF, HCF Life Insurance Company Pty Ltd, Flip Insurance Pty Ltd, Manchester Unity Australia Ltd, HCF Research Foundation Limited, HCF Pty Limited and HCF Nominees Pty Ltd;
"HCF Research Foundation" means the charitable trust set up by HCF to encourage research and enquiry into the provision, administration and delivery of health services in Australia for the benefit of HCF contributors and the Australian public;
"Ineligible Policy" means a private health insurance policy issued by HCF that is not an Eligible Policy.
"Intellectual Property Rights" means:
(i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;
(ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and
(iii) applications, extensions and renewals in relation to any such rights;
"Membership Tier" means one of the following levels of membership for the Program set out in clause 4.2;
"Reward Partner" means an entity that has entered into an agreement with HCF to provide its members with offers and rewards through the Application;
"User Data" means all data supplied or made available to us by you in connection with this agreement which may comprise personal information.
