Terms of Use for “Southern Cross Gateway” Website

(Last updated 27 February 2009)

1. Welcome to the “Southern Cross Gateway” website (“Website”) and thank you for taking the time to read these Website terms of use, which apply to your use of the Website and the services we offer or provide on the Website (“Website Services”). 
2. By accessing and using the Website and/or the Website Services, you are deemed to have agreed to these terms of use. If you do not agree to be bound by these terms of use, you must stop accessing and using the Website and all Website Services immediately.
3. For the purposes of these terms of use, "Southern Cross" means each of Southern Cross Medical Care Society, Southern Cross Health Trust, Southern Cross Health Services Limited, Southern Cross Benefits Limited (trading as Southern Cross Travel Insurance) and Activa Health Limited (trading as Activa Health Limited and Southern Cross Card Services).
4. The information contained on this Website is provided to inform you, as a Southern Cross Adviser about policy, group and salesperson information relating to your customers who are Southern Cross members (“Members”) and to enable you to provide quotes to new customers.
5. While Southern Cross will endeavour to keep the contents of the Website up to date and accurate, we do not warrant or represent to you or any other person that such content is accurate or up to date at all times. Further, all results from the on-line quoting function are subject to confirmation and do not constitute a pre-qualification for cover.
6. Southern Cross will provide the Website and any Website Service that you request with reasonable care and skill, however we do not represent or warrant that the Website or any Website Service will:
   1. operate on a continuous or fault-free basis or at any particular time or location;
   2. be secure or private; or
   3. be free of viruses or other harmful features (including any files displayed or obtained from or through the Website or the Website Services or any website linked to the Website). 
7. We will endeavour to have functionality to the Website and any Website Service restored as soon as reasonably possible in the event of an outage or other technical fault. 
8. To the fullest extent permitted by law, Southern Cross will not be liable whether in contract, tort (including negligence) or otherwise to you or any other person for any loss or damage (whether direct, indirect, consequential, special or loss of profits) arising directly or indirectly from any errors or omissions in the information contained in this Website or any Website Services or the use of or inability to use the Website or Website Services. 
9. Southern Cross (or its suppliers) own all copyright and other intellectual property rights in the information contained in this Website or otherwise connected with this Website or the Website Services. No part of this Website or the Website Services may be modified, reproduced, transmitted, stored or otherwise dealt with (including in any other website or other electronic form) except as expressly provided for on the Website or with the prior written consent of Southern Cross, except that you may print, or download to your hard drive extracts from the Website for your own personal use. 
10. While using the Website or any Website Service you must ensure that:
    1. all information you supply to Southern Cross is current, complete, accurate and provided in a timely manner;
    2. you comply with all applicable laws, regulations, standards and codes, including without limitation the Privacy Act, Health Information Privacy Code and Unsolicited Electronic Messages Act;
    3. you maintain the confidentiality of the information that you obtain as a result of your use of the Website or the Website Services and not disclose such information to any unauthorised person. Further you must implement appropriate storage and security measures to ensure that Member personal and health information is kept secure;
    4. you do not use any information you have accessed from this Website for any purpose other than carrying out your authorised duties to the applicable Member (including without limitation, collating Member information, mining the Southern Cross Member database or using Member data to ‘churn’ business);
    5. you protect the security of the Website at all times and ensure that all security information (including any login, username, password or PIN) relating to you is kept confidential and not disclosed to any third party;
    6. you notify us immediately of any actual or suspected unauthorised use of security information relating to you or any breach of security of this Website;
    7. in each case you hold the necessary authority of the appropriate member to access their information and you only perform those duties and functions which you have the necessary authority of the appropriate Member to perform and you will produce evidence of such authority if requested by Southern Cross; and
    8. you do not use any Member’s details to send unsolicited commercial emails to such Members without their express consent or otherwise breach the Unsolicited Electronic Messages Act. 
11. You accept all responsibility for your use of the Website and you indemnify Southern Cross and its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Southern Cross arising from your use of this Website, a breach of these terms of use or a violation of any rights of a Member or any other party. We may suspend or terminate your use of the Website or any Website Service at any time in the event that you breach these terms of use. 
12. Any reference to "you" in these Website terms of use includes any administrator that you have appointed to act on your behalf and you are responsible for the acts and omissions of such administrator and for ensuring that such administrator has the necessary authorisations to so act. 
13. The contents of this Website may contain links to other third party sites. These sites are not under the control of Southern Cross, and Southern Cross is not responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you or any other person from accessing, using or relying on any linked site or trading with third parties. The inclusion of any link in this Website is provided as a convenience only and does not imply endorsement, recommendation or warranty by Southern Cross of the linked site or the products and services provided there or any association with its operators. Use of or reliance on the contents of these third party websites is at your own risk. 
14. Southern Cross may prohibit links to this Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website material. 
15. We may change these terms of use at any time without notice and any revised terms of use located on the Website from time to time will apply to your use of the Website or any Website Services. All other information contained in this Website, including, in particular, pricing details and policy wording is also subject to change at any time, without notice. 
16. The contents of this Website and the Website Services have been prepared in accordance with New Zealand law, are subject to New Zealand law and New Zealand Courts have exclusive jurisdiction over any disputes which arise in respect to the contents of this Website or your use of it or of any Website Service. 
17. All dollar figures stated in this Website (including, but not limited to, premiums and benefit limits) are in New Zealand dollars and include goods and services tax (unless otherwise stated). 
18. If you have any questions, concerns or complaints in relation to this Website, the Website Services or these terms of use please contact Southern Cross by sending an email to Adviser@Southerncross.co.nz or telephoning 0800 238 622.