Website Terms of Use

1. Details of these Terms of Use

The Education Benevolent Society Incorporated (trading as HealthCarePlus) is an incorporated society and a registered charity, that offers membership benefits to members of Member Unions to improve the physical, mental, and financial health and wellbeing of union members and their whānau (Membership Benefits). 

In these terms of use (Terms of Use), each reference to HealthCarePlus (which includes terms such as ‘we’, ‘our’ and ‘us’) means The Education Benevolent Society Incorporated, trading as HealthCarePlus. 

These Terms of Use apply to your use of, and access to, our Website, the My HCP Portal, and any Social Media accounts that we operate from time to time.  

By accessing and using our Website, the My HCP Portal, and Social Media, you agree to be bound by these Terms of Use. If you do not agree to our Terms of Use, you must cease accessing and using our Website, the My HCP Portal, and/or our Social Media. 

In these Terms of Use, the following additional terms are defined: 

• Website means https://healthcareplus.org.nz/, and all sub-domains and internal links;
• HealthCarePlus Members means individuals that have registered with us and become HealthCarePlus members;
• Member Union means a union that is a member of Education Benevolent Society Incorporated.  
• My HCP Portal means the HealthCarePlus Members portal on our Website;  
• Social Media means pages that we operate through our Social Media accounts, including Facebook.  
• Personal Information means information about an identifiable individual; and;
• Intellectual Property means all rights (including ownership rights, rights or licences to use, rights arising through use, and rights which are the subject of applications to register) in or to any logos, trade marks (whether registered or unregistered), photographs, images, service marks, trade mark registrations, trade names, brands, patents, patent applications, designs, licences, inventions and technical information (whether registered or not), technical data, concepts, ideas, moral rights, discoveries, underlying or proprietary data, research results, reports, drawings, techniques, specifications, standards, methods, processes, formulae, models, maintenance training or training manuals and other know-how, trade secrets, databases, and any copyright material, consumer and supplier lists, Confidential Information and all other intellectual property rights (whether registered or not), including associated goodwill and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these.

Our Terms of Use should be read in conjunction with our Privacy Policy, which you can find here.

2. Contents of our Website, My HCP Portal and our Social Media

We reserve the right to alter the contents of our Website, the My HCP Portal, and our Social Media at any time. While we endeavour to ensure that the contents on these platforms are correct, we do not warrant the accuracy, reliability, or completeness of their contents. We are not responsible, in any event, for any loss or damage of whatever kind arising out of access to, use of, or reliance on any information contained on our Website, the My HCP Portal, and/or our Social Media. 

We also reserve the right to remove content posted on our Social Media that: 

• is not relevant;
• breaches any Intellectual Property rights;
• refers to any commercial activity;
• is deemed offensive, obscene, or abusive; and/or
• constitutes spam. 

Nothing on our Website, the My HCP Portal, or our Social Media constitutes financial or other professional advice in any way.  You should seek relevant professional advice as to the suitability of any product or service you obtain through these platforms. 

We provide links to third-party websites on our Website, the My HCP Portal, and our Social Media. We provides these links so that HealthCarePlus Members can access Membership Benefits. We are not responsible for the contents of any linked third-party website or any link contained in a linked third-party website, nor for the provision of products and services by third parties.  

To the extent permitted by law, we have no liability or responsibility to you for any loss in connection with:

• our Website, the My HCP Portal and/or our Social Media being unavailable, or not functioning as they should;
• exposure from our Website, the My HCP Portal and/or our Social Media to any form of malware, including a virus, worm, Trojan horse, adware, keystroke logger, spyware, or any form of cyberattack; and
• your use of a link to a third-party website that is provided on our Website, the My HCP Portal and/or our Social Media.

3. Your obligations

In your dealings with us, including your use of our Website, the My HCP Portal, and our Social Media, you must provide complete, correct, and true information.

If you have a HealthCarePlus Members account, you are responsible for keeping your login details secure (including your email address and password). You are responsible for all actions taken using your HealthCarePlus Members login, and you should not share your login details with anyone else. We have no liability or responsibility whatsoever for you for any loss in connection with you sharing your login details with a third party. 

When accessing and using our Website, the My HCP Portal, and our Social Media, you must not do or attempt to do any of the following: 

• compromise, damage or interfere with these platforms, or any network, software, data, system, or material that is connected to these platforms;
• engage in any restricted, illegal, or criminal activities;
• make available any public viewing of the My HCP Portal;
• share, publish, or otherwise make public to any person who is not a HealthCarePlus Member or any other third party any Membership Benefits, discounts, or promotional codes which you obtain by virtue of being a HealthCarePlus Member;  
• copy, reproduce, distribute, download, transmit or store any contents of these platforms or any part thereof (except as permitted under these Terms of Use) or in any other way breach the Intellectual Property rights in the same; and
• do anything else that may interfere with or negatively affect these platforms, or other users or HealthCarePlus Members use and enjoyment of these platforms.

4. Your access to our Website, the My HCP Portal and Social Media

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms of Use, we may immediately, and without notice, suspend, block, restrict or terminate your access to our Website (or any part of it), the My HCP Portal, our Social Media, and/or your membership status (if you are a HealthCarePlus Member). 

5. Access and use of the My HCP Portal

To access and use the My HCP Portal, you must be a registered HealthCarePlus Member and have created an online account with a valid password.

6. Privacy

We collect Personal Information about you when you access and/or use our Website, the My HCP Portal, and our Social Media. In providing your Personal Information to us, you consent to our use of that information in accordance with our Privacy Policy, which can be found here. We may also use your Personal Information where we are authorised to do so under the Privacy Act 2020.

7. Intellectual Property

We (and our licensors) own all Intellectual Property rights in the contents of the Website, My HCP Portal, and our Social Media. Nothing in these Terms of Use transfers any such Intellectual Property Rights. 

Nothing on our Website, the My HCP Portal or our Social Media may be copied, reproduced, distributed, downloaded, transmitted, stored, or otherwise dealt with without our consent, except that you may print or download from our Website for your own personal use.

8. Changes to the Terms of Use

We may change these Terms of Use from time to time. If we make a material change to the Terms of Use, we will inform HealthCarePlus Members via email of the changes. If you are not a HealthCarePlus Member, or you have elected to not receive communications from us, we will inform you of the changes by posting the updated Terms of Use on our Website. 

The updated Terms of Use will apply from the date that we email you and/or upload the updated Terms of Use to our Website. By continuing to access and use our Website, the My HCP Portal and our Social Media, you agree to be bound by the updated Terms of Use.

9. General

These Terms of Use, and any dispute arising from these Terms of Use, are governed by New Zealand law. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms of Use. 

If any part or provision of our Terms of Use is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms of Use. The remainder of these Terms of Use will be binding on you.

These Terms of Use set out everything agreed between us and you relating to your use of and access to our Website, the My HCP Portal and our Social Media.  These Terms of Use supersede and cancel any understanding, discussion, exchange, or agreement prior to the date of these Terms of Use. 

10. How to contact us

If you wish to contact us in relation to any question or complaint you may have in relation to our Terms of Use, please do so on the below details. We will investigate and respond to you as soon as practicable. 

Email: admin@healthcareplus.org.nz
Post: HealthCare Plus, PO Box 11-059, Manners Street, Wellington, 6142.