the good stuff by ahm

Terms and Conditions

ahm health insurance is a business of Medibank Private Limited ABN 47 080 890 259. ahm health insurance, ahm , we, us and our are references to Medibank Private Ltd trading as ahm health insurance.

1.             The good stuff by ahm

'The good stuff by ahm' is a subscription service that provides you with access to discount offers for products and services from a range of health and wellness providers. For a monthly fee, you will get access to 'the good stuff by ahm' and be able to redeem the available offers. 'The good stuff by ahm' is not an insurance product, and is not provided by us in our capacity as an insurance provider.

2.             Acceptance of these Terms and Conditions

2.1          This document, together with the ahm Privacy Policy and any Offer Terms, govern your participation in the 'the good stuff by ahm' (the Program) (collectively, the Terms and Conditions). By registering an account and participating in the Program, you accept and agree to be bound by these Terms and Conditions.

3.             Changes to these Terms and Conditions

3.1          We may amend these Terms and Conditions from time to time at our discretion.

3.2          We will notify you of any significant changes to these Terms and Conditions via the Platform or using other direct communications (such as email notification). All other changes to these Terms and Conditions will be made immediately without notifying you and the current version of these Terms and Conditions can be accessed and reviewed on the Platform.

3.3          Despite any provision of these Terms and Conditions, we may do anything reasonably required (including varying these Terms and Conditions and the ahm Privacy Policy) to ensure that the Medibank Group and all aspects of the Program are compliant with all applicable laws.

4.             Changes to the Program

4.1          We may make changes to the Program from time to time at our discretion, including by:

(a)           adding new Offers or Participating Partners;

(b)           withdrawing, limiting, modifying, cancelling or extending the availability of an Offer; and/or

(c)           removing Participating Partners.

4.2          Please ensure that you regularly check the Platform for any changes.

5.             Joining the Program

Who can participate in the Program?

5.1          To participate in the Program, you must:

(a)            reside in Western Australia;

(b)            be at least of 18 years of age; and

(c)           register to become a Subscriber by creating an account through the Platform.

5.2          You do not need to be an existing ahm private health insurance member to participate in the Program.

How do you become a Subscriber?

5.3          You must register an account on the Platform. In order to register, you must provide us with the following information:

(a)           your name;

(b)           a valid email address;

(c)           a valid credit card, debit card or other eligible payment method; and

(d)           if applicable, your ahm private health insurance membership number.

5.4          When registering an account, you must provide accurate, complete and up-to-date information as requested on the registration page of the Platform. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your account on the Platform.

5.5          You will remain a Subscriber until your subscription is cancelled or terminated. You may cancel your subscription by following the process set out in section 9 of these Terms and Conditions. Unless you cancel your subscription, your subscription will automatically renew monthly or at any other interval you selected on registration (as applicable).

5.6          In certain circumstances, we may suspend or terminate your subscription. These circumstances are set out in section 9.4 of these Terms and Conditions.

Are there different types of subscription?

5.7          Yes, you can find a description of the available subscription options on the Platform.

5.8          Certain subscription options may not be available to all subscribers. For example, you must be a current ahm private health insurance member to take advantage of the discounted subscription rate. If you cease to be an ahm private health insurance member, you will no longer be eligible for the discounted subscription rate. If you wish to change your subscription type, please contact us through the 'Contact Us' portal on the Platform or on  support@thegoodstuff.zendesk.com.  

What about free trials?

5.9          From time to time we may offer a free trial of the Program or other promotional offers (each a Free Trial). A Free Trial will provide you with access, at no cost, to the Platform, for a limited period of time, when you sign up for the offer (for example, seven days).

5.10        In order to sign up for a Free Trial, you will still need to provide us with the information set out in section 5.3 above, including your preferred payment method. However, you will not be charged until the Free Trial period ends.  

5.11        Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Platform will automatically continue at the conclusion of your Free Trial and your use of Program will be subject to these Terms and Conditions (including payment of the Subscription Fee and any other applicable charges). While we may, in our discretion, send you a reminder that your Free Trial is about to end, we do not guarantee that we will give you any such notification. It is your responsibility to understand when your Free Trial ends should you decide you do not wish to become a paying Subscriber after the end of your Free Trial period. You may cancel your subscription by following the process set out in section 9 of these Terms and Conditions.

5.12        We may make changes to the Program from time to time in our discretion in accordance with section 4 of these Terms and Conditions, and we cannot guarantee that any specific Offer will be available for the entire Free Trial period. The Subscription Fee and any other applicable charges in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer or your access to the Platform during the Free Trial without notice and with no liability. Notwithstanding anything to the contrary in these Terms and Conditions, a Free Trial is provided "as is" without any representation or warranty.

5.13        We reserve the right to limit your ability to take advantage of multiple Free Trials.

6.             Redeeming Offers from Participating Partners

How can you redeem an Offer?

6.1          You can only redeem an Offer if you have an active subscription at the time of redemption. Offers can be redeemed through the Platform by following the prompts on the relevant Offer Page.

6.2          All Offers are subject to availability (which is within the control of the Participating Partner, and not ahm) and cannot be directly exchanged for cash.

6.3          Any image(s) of an Offer set out on the Platform or Offer Page are illustrative only and may not be to scale.

Are there any additional terms and conditions that apply?

6.4          Yes, an Offer, and the goods or services offered or supplied by a Participating Partner in conjunction with that Offer, may be subject to separate terms and conditions set by that relevant Participating Partner (Offer Terms). These may include terms relating to the following:

(a)           product or service warranties;

(b)           the availability and fulfilment of an Offer;

(c)           delivery times and costs (if any);

(d)           whether the Offer is available as a one-off promotion or on a recurring basis;

(e)           taxes or duties payable such as GST; or

(f)            any additional out-of-pocket expenses associated with the Offer.

You should refer to the relevant Offer Page for any specific Offer Terms.  

6.5          By redeeming an Offer, you acknowledge and agree to any specific Offer Terms, which will form part of these Terms and Conditions. Any specific Offer Terms are set by the Participating Partner and we are not responsible or liable for the content of those Offer Terms.

6.6          To the extent permitted by law (including the consumer guarantees under the Australian Consumer Law), an Offer cannot be amended, cancelled, exchanged or refunded unless stated otherwise in the specific Offer Terms.

Who should you contact regarding an Offer?

6.7          If you have any queries or issues regarding an Offer, including in respect of:

(a)           availability;

(b)           redemption or fulfilment;

(c)           delivery (if applicable);

(d)           defects or faults; or

(e)           complaints,

please direct them to the relevant Participating Partner.

7.             Subscription Fee and other charges

Is there a fee to participate in the Program?

7.1          Yes, you agree to pay a Subscription Fee in accordance with these Terms and Conditions. The Subscription Fee is payable in advance on a monthly basis or at any other interval you selected on registration (where applicable).

7.2          You authorise the collection of the Subscription Fee and any other amounts payable to us in respect of your use of the Platform by charging the credit card or other eligible payment method you provided when you registered your account. Payment processing services are currently provided to us by Stripe Payments Australia Pty Ltd and its global affiliates. We may change our third-party payment processor from time to time, without notice to you.

Can the Subscription Fee change? Are there any other charges?

7.3          Yes, from time to time, we may:

(a)           make reasonable changes to the Subscription Fee;

(b)           introduce new fees; or

(c)           change the circumstances or frequency in which those fees (including the Subscription Fee) are payable,

by publishing the varied fee on the Platform and notifying you via other direct communications (such as email). We will always provide you with at least 30 days’ notice of any fee changes. Any changes will take effect on the first day of your next subscription period. If you do not agree to these fee changes, you may cancel your subscription following the process set out in section 9 of these Terms and Conditions.  

What happens if your payment is declined?

7.4          It is your responsibility to ensure that you have sufficient credit or funds available in your nominated account, and that your credit card or other eligible payment details are current and correct.

7.5          If your payment is declined, we may suspend your subscription in accordance with section 9.4 of these Terms and Conditions.

7.6          You may update your credit card or other eligible payment details at any time through your account on the Platform.

What about tax?

7.7          You are solely responsible for any tax, liability or duty that you incur arising from your participation in the Program.

8.             Your obligations and responsibilities

8.1          You must not:

(a)           act in a way that breaches these Terms and Conditions, including using the Platform for any purpose not permitted under these Terms and Conditions;

(b)           supply or attempt to supply false or misleading information to us or any Participating Partner;

(c)           engage in illegal or fraudulent activities in relation to the Program;

(d)           provide your login or security credentials for the Platform to any other person;

(e)           share any information relating to an Offer (including promotional codes or virtual discount cards) with any other person (including family members), except where expressly authorised under the relevant Offer Terms;

(f)            sell, assign or transfer, or offer to sell, assign or transfer, any Offer;

(g)           copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Platform in any way whatsoever;

(h)           hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice on the Platform or on any material in relation to the Program; or

(i)             introduce any virus, worm, trojan or other malicious code into the Platform, or in any other manner corrupt, degrade or disrupt the Platform.

8.2          You acknowledge and agree that:

(a)           your right to access and use the Platform is not transferable to any other person;

(b)           you are solely responsible for all activities that occur on your account; and

(c)           your password is confidential.

8.3          You must notify us immediately if you become aware of any unauthorised access to or use of your account.

9.             Termination

Can you deactivate or cancel your subscription?

9.1          Yes, you may deactivate your subscription at any time by accessing your account on the Platform. If you deactivate your subscription, deactivation will take effect the day after the last day of the then-current subscription period. Once your account is deactivated, you will not be able to redeem any Offers or access the Platform.

9.2          You may cancel your subscription at any time by sending an email to  support@thegoodstuff.zendesk.com requesting that your subscription be cancelled, and providing all information that we may reasonably require to process your request. If you cancel your subscription, cancellation will take effect the day after the last day of the then-current subscription period. You will only be able to access the Platform or redeem any Offer for the remainder of your then-current subscription period.

9.3          If you deactivate or cancel your subscription and:

(a)           you are on a monthly subscription – you will not receive a pro-rata refund of the Subscription Fee but will retain access to the Platform until the end of the then-current subscription period; or

(b)           you are on an annual subscription – you will be entitled to a refund, on a pro-rata basis, of any unused part of the Subscription Fee that has been pre-paid for any period following the effective date of deactivation or cancellation, and you will be unable to access the Platform from that date.

Can we suspend or terminate your subscription?

9.4          Yes, we may suspend and/or terminate your subscription with immediate effect and without notice if:

(a)           you breach these Terms and Conditions (including because you fail to make a payment to us that you are required to make); or

(b)           we have reasonable grounds to suspect that you have acted in a manner that is fraudulent, dishonest, misleading or deceptive in relation to your participation in the Program.

9.5          If we suspend your subscription, that suspension may be subject to any such conditions (including the length of suspension) as we consider appropriate.

Can we terminate the Program in its entirety?

9.6          Yes, we may terminate the Program at any time for any reason with at least 30 days’ notice via the Platform or using other direct communications (such as email notification). We give no warranty as to the continuing availability of the Program.

9.7          To the extent permitted by law, if the Program or your subscription is terminated for any reason, we will not be liable to you in any way for such termination save that we will refund you on a pro-rata basis for any fees that you may have paid in advance relating to any period following the date of termination of the Program.  

9.8          You acknowledge that, in order for us to (among other things) monitor the operation of the Program, we have the right to undertake audits, verification checks and investigations in relation to your account and activities on the Platform.

10.          Health and Third Party Material

10.1        Any Health and Third Party Material we provide in relation to the Program or make available on the Platform has been prepared for general information purposes only and may not necessarily be accurate, complete or current. No person should act or fail to act on the basis of that information or material. You should consult your doctor or health care professional before starting any new physical activity, especially if you are pregnant, over 65 years, or have a pre-existing medical condition or health problem. To the maximum extent permitted by law, we, the Medibank Group and our respective officers, employees, contractors and agents disclaim any liability (including liability for negligence) arising out of:

(a)           any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any Health and Third Party Material from the Platform or from any other website;

(b)           any errors or omissions in any Health and Third Party Material on the Platform or on any other website (including but not limited to errors or omissions arising as a result of the negligence of ahm, the Medibank Group Companies or their respective officers, employees, contractors and agents); or

(c)           any delay or interruption in access to or use of the Platform or any other website (including delay or interruption arising as a result of the negligence of ahm, Medibank Group Companies or their officers, employees, contractors and agents).

10.2        We are under no obligation to update any Health and Third Party Material on the Platform, or to correct any inaccuracy in any Health and Third Party Material on the Platform that may become apparent at a later time.

11.          Disclaimers

Participating Partners

11.1        To the maximum extent permitted by law, we do not take or assume any responsibility for the goods and services provided by Participating Partners. We make no warranties or representations (whether express or implied) and we will not be responsible for any liability (including for consequential loss) with respect to the quality, standard, acceptability, fitness for purpose or suitability of any Offer or goods or services provided by a Participating Partner from the redemption of an Offer. You should rely on your own inquiries and seek any assurance or warranties directly from the relevant Participating Partner.

11.2        You acknowledge and agree that Participating Partners do not have any authority to make any representation, warranty or statement on our behalf.

Health service providers

11.3        Where we or any other Medibank Group Company advertises on behalf of any health service provider, or appears by reference of a logo or otherwise in an advertisement of any health service provider, to the maximum extent permitted by law, such advertising or reference is not to be construed as:

(a)           an endorsement by us or any Medibank Group Company;

(b)           an acknowledgment or representation as to fitness for purpose by us or any Medibank Group Company; or

(c)           a recommendation or warranty of, for, or in relation to the product or service of the health service provider by us or any Medibank Group Company.

Availability and nature of the Platform

11.4        To the extent permitted by law, the Program and the services provided or made available through the Platform are made available to you on an ‘as is’ and ‘as available’ basis.

11.5        For the avoidance of doubt, the Program is not an insurance product and we do not provide the Program in our capacity as an insurance provider.

Intellectual property rights

11.6        The copyright and other intellectual property rights subsisting in the Platform, including its design, text, graphics and software, are (unless otherwise stated) owned by ahm or a Medibank Group Company (or are licensed to us or a Medibank Group Company by third parties).

11.7        Except as otherwise set out to these Terms and Conditions (including any Offer Terms), you are granted a non-exclusive, revocable, personal licence to download the materials contained on the Platform (if any) solely for the purpose of participating in the Program. You must not otherwise use, modify, copy, reproduce, republish, frame, upload, post, transmit or distribute the contents of the Platform in any way, except as expressly provided for on the Platform or with our prior written approval. You must not scrape, commercialise or systematically download any materials contained on the Platform without our prior written consent.

Links to other sites and files

11.8        We do not warrant the accuracy of any hypertext links provided on the Platform, nor the suitability or accuracy of any content located at those links. Links and frames connecting the Platform with other websites are for convenience only and do not mean that we or a Medibank Group Company is associated with, endorses or approves those other websites, their content, or the people who run or contribute to them. Use or reliance on the content of those websites is at your own risk.

11.9        We do not represent or warrant that any files displayed or obtained from or through the Platform, or any other website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. Our liability for such an event is limited to the resupply of those files.

12.          Liability

Exclusion of liability

12.1        Subject to this section 12 and to the maximum extent permitted by law, we are not (and no other Medibank Group Company will be) liable to any other person (including in negligence) for:

(a)           any loss or damage of any kind that is directly or indirectly caused by or results from any act or omission in connection with or in any way relating to the Program (including the Platform, your account, any Offer, or any goods or services provided by a Participating Partner), including as a result of:

(i)             any act, error or omission by us in the course of providing the Program (including the Platform);

(ii)            any suspension and/or termination of the Program or your subscription, including your ability to redeem an Offer;

(iii)           any tax liability incurred by you;

(iv)          any disruption to or unavailability of the Program (including the Platform); or

(v)           any fraudulent use, misuse or misappropriation of your account;

(b)           without limiting paragraph (a), any loss or damage of any kind that is directly or indirectly caused by or results from any act or omission of any Participating Partner or any of the officers, employees, contractors or agents of any Participating Partner (including any non-issuance of a good or service in relation to an Offer or delay in supplying a good or service, or otherwise not providing a good or service in accordance with the Offer Terms applicable to an Offer); or

(c)           any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, or loss or damage resulting from wasted management time, irrespective of whether the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise, or we or any other person was previously notified of the possibility of that loss or damage.

12.2        The limitations and exclusions of liability under section 12.1 do not apply to the extent that the relevant liability arose directly as a result of our own negligent or wilful act or omission, or breach of these Terms and Conditions.

12.3        Our total aggregate liability and that of any other Medibank Group Company (whether under statute, in contract or in tort (including negligence)) for any and all loss or damage suffered or incurred, by you, whether directly or indirectly, in connection with the Program or these Terms and Conditions, is limited to the amounts paid by you under these Terms and Conditions in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Consumer guarantees

12.4        Any warranty, guarantee, condition, representation, undertaking or other right relating to the supply of goods or services that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions excludes liability which cannot be excluded by law (including the consumer guarantees under the Australian Consumer Law).

12.5        Our liability or the liability of any other Medibank Group Company for any non-compliance with a statutory guarantee is limited to:

(a)           the resupply of Program or the service (as applicable); or

(b)           the cost of resupplying the Program or the service (as applicable),

and, in any event, will be limited to the maximum extent permitted by law.

12.6        Section 12.5 will not have the effect of excluding, modifying or restricting:

(a)           the application of all or any of the provisions of the Australian Consumer Law;

(b)           the exercise of a right conferred by such a provision; or

(c)           any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods or services.

Survival

12.7        Notwithstanding any other provision of these Terms and Conditions, this section 12 survives the termination of a subscription, termination of these Terms and Conditions and termination of the Program (as the case may be).

13.          Comments and complaints

13.1        If you have any difficulties with redeeming an Offer, have any questions or would like to make a complaint relating to a specific Offer, any Offer Terms, please contact the Participating Partner directly.

13.2        If you have any difficulties accessing the Platform, have any questions or would like to make a complaint relating to your subscription, the Program, the Platform, a Participating Partner or these Terms and Conditions, please contact us through the 'Contact Us' portal on the Platform or on support@thegoodstuff.zendesk.com.

14.          General

Order of precedence

14.1        If there is any inconsistency between these Terms and Conditions, the ahm Privacy Policy or specific terms for an Offer, then those terms must be read in the following (descending) order of precedence:

(a)           ahm Privacy Policy;

(b)           these Terms and Conditions; and

(c)           any Offer Terms.

Severability

14.2        If anything in these Terms and Conditions is invalid or unenforceable, that part or provision does not apply. However, the rest of these Terms and Conditions continue to operate.  

Force Majeure

14.3        Neither party will be liable to other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside its reasonable control.

Governing law

14.4        These Terms and Conditions are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in respect of any action or other legal process in connection with these Terms and Conditions.  

Interpretation

14.5        In these Terms and Conditions, unless the context requires otherwise:

(a)           references to you mean the Subscriber;

(b)           the meaning of general words is not limited by specific examples introduced by including, for example, such as or similar expressions;

(c)           a reference to a document of any description (including these Terms and Conditions) is a reference to that document (including any schedules, annexures and attachments) as amended, consolidated, novated, assigned, replaced or supplemented;

(d)           the word law includes

(i)             any statute, regulation, rule, by-law, ordinance, proclamation, judgment, treaty, decree, convention, rule or principle of common law or equity, rule of any applicable stock exchange, or requirement or approval (including conditions) of a government agency;

(ii)            any regulation, rule, by-law, ordinance, proclamation or judgment made under that law; and

(iii)           that law as amended, consolidated, supplemented, re-enacted or replaced, and whether applicable in or outside Australia;

(e)           the headings are used for convenience only and do not affect the interpretation of these Terms and Conditions;

(f)            the word judgment includes an order, declaration, determination, injunction, decree or award of any court or tribunal, whether made in or outside Australia;

(g)           the phrase government agency means:

(i)             any government (whether federal, state, territorial, local or otherwise);

(ii)            any statutory, public, governmental, semi-governmental or judicial body, entity, department or authority; and

(iii)           any minister, officer, delegate or other representative of the government agency acting in that capacity, whether located in or outside Australia; and

(h)           if a government agency or other body or entity ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), then a reference to the defunct body is a reference to the government agency or other body or entity that performs most closely the functions of the defunct body.

15.          Definitions

In these Terms and Conditions, unless the context otherwise requires:

ahm means Medibank Private Limited trading as ahm health insurance.

ahm Privacy Policy means ahm's privacy policy (which may be updated from time to time), a current copy of which can be accessed from ahm’s website here (https://ahm.com.au/privacy-policy) or by calling ahm.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Free Trial is defined in section 5.9.

Health and Third Party Material means information and material relating to:

(a)           health and wellbeing;

(b)           goods or services provided by a Participating Partner; and

(c)           goods or services provided by any health service provider.

Medibank means Medibank Private Limited ABN 47 080 890 259.

Medibank Group means Medibank and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)).

Medibank Group Company means a company within the Medibank Group.

Offer means a voucher or offer for goods or services that is made available by a Participating Partner to Subscribers as set out on the Platform from time to time. An Offer may be in the form of merchandise, goods, services, discounts or vouchers.

Offer Page means a page on the Platform that states the terms for that Offer, as made available by a Participating Partner from time to time.

Offer Terms is defined in section 6.4.

Participating Partner means any supplier who provides goods or services relating to the Program as set out on the Platform from time to time.

Platform means the web portal or website made available by us from time to time through which a person can register to become a Subscriber and take part in the Program.

Program means the program known as ‘the good stuff by ahm’ pursuant to which Subscribers can redeem Offers from Participating Partners.

Subscriber means a person who has registered to become a member of the Program in accordance with these Terms and Conditions.

Subscription Fee means the fees and charges you pay for the right to access and use the Program, as notified to you when you registered your account with us, and any amendments to those fees and charges that are made in accordance with these Terms and Conditions. Our fees and charges are published on the Platform.

Terms and Conditions is defined in section 2.1.

Last Updated: 26 April 2021