The Blua app terms and conditions

Terms of Use for the Blua app ('Terms')
These terms of use (‘Terms’) are subject to the Australian consumer protection laws including the Australian Consumer Law (‘Australian Consumer Law’ or ‘ACL’) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Any rights you have under these Terms are in addition to the statutory rights you may be entitled to under the ACL and any other applicable Australian protection laws and regulations. 
These Terms govern your use of the Blua app. These Terms constitute an End User Licence Agreement (‘EULA’) for the purposes of any app store from which you download the Blua app.   
The Blua app is provided by Bupa Telehealth Pty Ltd (ABN 31 142 900 472), referred to in these Terms as ‘we’, ‘us’, ‘our’ and ‘Blua’. These Terms apply to your access to and use of the Blua app, together with its functionalities, features, websites, Application Program Interface (‘APIs’) and related software (also referred to as ‘the Blua app’). Any reference to ‘you’ or ‘your’ is a reference to the end user.  
Please ensure you read these Terms. When you register for, access and use the Blua app, you accept and agree to comply with these Terms. If you do not agree to these Terms, you are not permitted to access or use the Blua app. 
Your use of the Blua app is also subject to the terms and conditions of our website (blua.bupa.com.au) (‘Website’) which you can view at blua.bupa.com.au/blua-terms (‘Website Terms’). 

1. The Blua app is available to download in the Apple App Store or the Google Play Store.
2. By using the Blua app, you acknowledge and agree that while the Blua app is free to download, you are responsible for (and may incur) charges from your mobile network or internet service provider in relation to your access and use of the Blua app.
3. If you access the Blua app through an application made available to you from the Apple App Store or the Google Play Store, you acknowledge that your use of the Blua app is governed by these Terms and any applicable application usage rules set by Apple and any authorised Google legal entity (as applicable).

• 2.1 From time to time, we may make changes to, or update, the Blua app and/or these Terms.
• 2.2 Any changes to these Terms will be effective once the revised terms are published on our Website. By continuing to access or use the Blua app after an updated version of these Terms has been made available, you agree to the updated terms.
• 2.3 If we make a material change to these Terms (something that we consider significantly affects your rights or how the Blua app works), you will receive notice of that update within the Blua app. You will be required to review and agree to the updated terms to continue using the Blua app.

1. Blua retains sole discretion in determining your eligibility, the extent of your access and the services made available to you through the Blua app.
2. These Terms apply to you as an end user of the Blua app and you warrant that you are authorised to be bound by these Terms.
3. The Blua app is available to any person aged 16 years or older. Certain features or content may only be recommended or accessible to users who are 18 and over. We may update these age restrictions or change which features are age-restricted at any time.
4. You are solely responsible for ensuring your compliance with the Blua app age restrictions and recommendations provided in the Blua app. By accessing the Blua app, you warrant that you are 16 years of age or older.
5. You are responsible for:
   1. complying with these Terms and any applicable third-party terms;
   2. correctly setting up your account;
   3. the accuracy and reliability of all information, content, data or communications that you submit via the Blua app;
   4. only creating one account (your own) and using it for personal purposes;
   5. taking security seriously, as further described at clause 6 of these Terms;
   6. keeping your login credentials confidential and not sharing them with others;
   7. notifying us immediately if you suspect unauthorised access to your account or a security breach;
   8. ensuring that your device and location settings are accurate where the Blua app relies on geolocation or device-specific features;
   9. any activity that occurs under your Blua account (even by others) when accessing and using the services made available to you via the Blua app.
6. We do not guarantee that the Blua app will be available to end users at all times.

1. In addition to these Terms, when you register for and use the Blua app, you must create a digital identity using the ‘Bupa Authentication Service’.
2. The Bupa Authentication Service is an online platform that provides you with a unique identifier which you can create and use to sign on and access a range of applications offered by Bupa.
3. Your use is subject to Bupa’s Authentication Service’s Terms of Use, which you can access within the Blua app.

1. There are two types of member accounts on the Blua app:
1. Lite member account – intended for non-Bupa health insurance members; and
2. Member account – intended for Bupa health insurance members.
2. If you are a Bupa health insurance member, you can choose to join the Blua app and hold either a Lite member account or a Member account.

1. You do not have to pay any fees to use or access the Blua app.
2. Payment may be required for some third-party services you elect to receive through the Blua app. We are not responsible for payments you make to a third-party service provider through your use of the Blua app. It is your responsibility to communicate with third party service providers, if you have queries relating to the service you are receiving.

1. If you download and use the Blua app, you agree to:
1. only use the Blua app for its intended purpose (to participate in health and wellbeing challenges);
2. comply with any applicable laws and regulations when you use the Blua app;
3. comply with our reasonable directions and restrictions regarding access to and use of the Blua app, including instructions to remove information or data; and
4. immediately cease any use of the Blua app that, in our opinion, does not constitute acceptable use and has been notified to you in writing by us.

1. You must not do any of the following in relation to the Blua app or your dealings with us:
1. post or transmit any message, information, data, text or other materials (User Content) that is unlawful, harmful, threatening, false, misleading, abusive, harassing, sexually explicit, defamatory, hateful, racially, ethnically or otherwise objectionable, or invasive of another’s right of privacy;
2. use the Blua app for any unlawful, harmful, fraudulent or malicious purpose;
3. impersonate any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
4. permit any unauthorised person to access or use the Blua app;
5. post or transmit any User Content that you do not have the right to reproduce, display or transmit or that infringes any laws or rights of any person or entity;
6. post or transmit any User Content that contains a virus, malware or other harmful code;
7. use any device or software that could interfere with, or attempts to interfere, with the integrity or performance of the Blua app or its services;
8. decipher, decompile, dissemble or reverse engineer any of the software that makes up the Blua app, attempt to the do the same or otherwise attempt to create derivative works from the Blua app;
9. not infringe on any manner of a person’s rights, including intellectual property and proprietary rights, confidentiality or contractual rights; or
10. breach any laws or regulations, or engage in any conduct that encourages or assists in the commission of illegal acts.

1. To the extent permitted by law, we may revoke or de-activate your access to the Blua app at any time without prior notice to you if, in our opinion:
1. you are not using the Blua app for its intended purpose or acting in accordance with these Terms or any other applicable agreement;
2. your use of the Blua app is interfering with any services provided by us;
3. your continued use of the Blua app may cause loss or damage of any kind to you or to us;
4. you have breached these Terms or the Website Terms; or
5. you infringe any intellectual property right or privacy, moral or publicity right of Blua or any third party.
2. Termination or expiration of your right to access or use the Blua app will not affect any accrued rights, indemnities or other provisions of these Terms and are intended by their nature to survive termination or expiration.

1. A key feature is distinct functional capability or service within the Blua app which delivers a specific value or experience to you as the end user. Features are typically designed to support user engagement, enable specific interactions or fulfil business objectives, and may be standalone or part of a broader feature set.

1. Healthy Cities is a Bupa global sustainability and wellbeing initiative designed to promote healthier lifestyles, support environment regeneration and foster a workplace engagement through gamified, team based challenges.
2. As part of this feature, you may choose to:
1. join a challenge via a unique QR code or URL;
2. select a team and set an alias for leaderboard visibility and reporting;
3. integrate wearable devices via Apple Health or Google Health Connect to track physical activity;
4. monitor your progress through step count displays;
5. view team ranking on leaderboards; and
6. set up push notifications for challenge milestones and progress updates.

1. You may also choose to participate in challenges via the Blua app. This feature includes monthly health and fitness challenges.

1. Participation in Healthy Cities and challenges (together ‘Challenges’) within the Blua app is voluntary and entirely at your own risk.
2. The Challenges content on the Blua app is provided “as is” and is for informational and educational purposes only.
3. You must ensure that you are fit to safely participate in any Challenges within the Blua app. You should also ensure that the level and type of exercise you are about to engage with is appropriate for your fitness and overall health status.
4. You agree to act reasonably and sensibly when participating in any Challenges within the Blua app.

1. We take the security of the Blua app very seriously.
2. We use what we believe to be reasonable security measures to prevent unauthorised use, or access to information. However, the internet is not a completely secure environment – you should be aware that information sent by you through the internet can be accessed, tampered or used in an unauthorised manner by third parties. If you provide us with information via the internet (including through the Blua app), you accept this risk.

1. If you have a password or PIN for your Blua app account, you must keep this secure and not share your password or PIN with any other person. Where relevant, you must change your password regularly and use a different password from other applications or devices.

1. To help protect your account, we recommend you enable and use biometric authentication features available on your device as a more secure method of verifying your identity.
2. You agree to keep your device’s operating system updated to the latest version made available by the device manufacturer or operating system provider.
3. Operating system updates often include critical security updates designed to protect your device. Failure to install such updates may expose your device to vulnerability. We is not responsible for any issues, including security breaches or data loss, resulting from your failure to maintain an up-to-date operating system.
4. You must not access or use the Blua app via any device that you are not authorised to use, or a device where software restrictions or privileges have been obtained illegally or without authorisation (for example, jailbroken or rooted devices).

1. Blua assumes you are the user whenever your password or PIN is used to sign into your Blua app account and accepts no responsibility for online transactions conducted on the Blua app in circumstances where access has been gained by someone who is not the relevant Blua app account holder, or who has not been properly authorised by us.
2. Please notify us immediately if you become aware of any unauthorised access to, or transactions on, your Blua app account.

1. We will handle all personal information collected, transmitted, stored and processed via the Blua app in accordance with the Blua Privacy Policy.

1. All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software and all products, services processes and technologies (Material) in the Blua app is owned by Blua, its related bodies corporate or others who have licensed their material to us (unless expressly indicated otherwise).
2. We grant you a non-exclusive, non-assignable, non-transferable and revocable licence to:
1. download, access and use the Blua app for the particular features and functionalities that we have agreed to provide you or have otherwise made available;
2. use the Blua app for your personal use.
3. This licence is conditional on your compliance with:
1. these Terms (and other written agreements we have with you or that apply); and
2. any other reasonable requests made by us, in relation to your use and access of the Blua app.
4. Nothing in these Terms or within the Blua app will be taken as granting you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of Blua, its related bodies corporate or any third party.
5. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:
1. as expressly authorised on the Blua app or in these Terms; or
2. with prior written authorisation from Blua.
6. “Blua” and “Bupa” (the words and the logos) and any other trade marks associated with the Blua app, are trade marks owned or registered by Bupa Telehealth Pty Ltd (ABN 31 142 900 472) or its related bodies corporate. You may not use our trade marks without our written consent.
7. Third party trade marks which feature on the Blua app are owned by the respective third party. The use of a third party trade mark on the Blua app does not indicate any association with, or endorsement by Blua, of that third party or its products/services.

1. If you are invited to post User Content on the Blua app, Blua reserves the right (but assumes no obligation) to remove or amend any such User Content.
2. Except to the extent prohibited by law, you grant us a worldwide, royalty free, perpetual and non-exclusive licence to use your User Content.
3. You represent and warrant that you have the necessary rights, consents and permissions to grant us the licence referred to above, and that our use of this content will not infringe the rights of any third party or breach any applicable laws.

1. The Blua app may contain links or other connections to products, services, websites, applications, resources, activities or events provided by third parties that are not owned, operated or controlled by us (Third Party Links).
2. Our inclusion of Third Party Links or other connections to websites or applications contained within any Third Party Links, does not imply any endorsement of the material on them or any association with their owners or operators.
3. Third Party Links are not covered by these Terms and may have their own terms and conditions and privacy policies. If you choose to access any Third Party Links, you do so at your own risk.
4. Third Party Links are provided for convenience only. We are not responsible or liable for any information contained within any Third Party Links or any incorrect link to an external website.
5. Websites or applications accessed via Third Party Links may contain advertisements by other entities. These advertisements are not recommended or endorsed by Blua and we are not responsible for the products and/or services being advertised.

1. Blua acknowledges that the ACL or other applicable consumer protection legislation imply terms, conditions, guarantees or warranties into contracts for the supply of goods and services that cannot be excluded. Nothing in these Terms, including any disclaimer, limitation of liability or indemnity is intended to exclude, modify or restrict the application of these laws.

1. Subject to 9(a) and to the extent permitted by law, you acknowledge and agree that:
1. your use of the Blua app and its Material is at your own risk; and
2. Material is provided on an “as is” and “as available” basis, with no representations or warranties of any kind, either express or implied (except those which cannot be lawfully excluded).
2. Subject to 9(a) and to the extent permitted law, Blua makes no representation or warranty:
1. of the quality, accuracy, completeness, suitability, currency or availability of the Blua app and its Material;
2. the Blua app functions will meet your requirements or be error free;
3. that any defects on the Blua app will be corrected;
4. that any information, product, software or process used or disclosed on the Blua app will be accurate, up to the date, complete or useful;
5. that the Blua app or the server which stores or transmits material to you are free from viruses or other harmful components;
6. that the Blua app, Material or content is appropriate or available to be used in locations outside of Australia. Those who choose to access the Blua app from locations outside of Australia do so at their own risk and are responsible for their compliance with local laws.

1. To the extent permitted by the ACL or other applicable consumer protection legislation, Blua and any of its officers, employees, consultants, contractors or agents (Representatives) are not liable or responsible (whether in contract, tort (including negligence) or otherwise) for:
1. any loss or damage (whether direct, indirect, special or consequential) suffered by you in connection with your use of, or access to, or inability to use the Blua app and its Material; or
2. any failure to provide the Blua app or any particular Material, whether or not we knew (or should have known) of the possibility of such a loss.
2. Where liability cannot be excluded by law, our liability for breach of a condition, guarantee or warranty implied into these Terms is limited at our election (where permitted by the ACL) to:
1. in the case of services supplied or offered by us for a fee: the re-supply of the services or payment of the cost of doing this. To the extent permitted by law, we accept no, and exclude all, liability for information or services supplied or offered by us for free; and
2. in the case of goods supplied or offered by us for a fee: repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. To the extent permitted by law, we accept no, and exclude all, liability for goods supplied or offered by us for free.

1. The Material on the Blua app is not designed or intended to serve as a substitute for advice from a qualified healthcare professional. Material provided on the Blua app is general in nature and does not take into account your circumstances, the specific issue, complaint, problem or concern you may have.
2. Where we mention specific products or services on the Blua app, we do so for informational purposes only. This does not constitute a recommendation made by Blua, unless expressly stated.
3. You agree that you will not seek to rely upon the Material on the Blua app as health advice to remedy, address or self-treat any problems or concerns you may have either for yourself or for any other person.

1. You indemnify Blua and its related bodies corporate (and respective Representatives) against all liability, claims, demands, cost, expense, loss and damage incurred or suffered by us as a direct or indirect result of:
1. your acts or omissions as contemplated by these Terms, including conduct by other individuals under your account;
2. any breach by you of these Terms; and
3. you using the Blua app in a manner that breaches the rights of any third party including, without limitation, the third party’s rights to privacy.

1. If you are accessing or using the Blua app on an Apple branded mobile device, the following provisions apply. These Terms, including this section, constitute a ‘custom EULA’ for the Blua app (for Apple’s requirements) and you acknowledge that Apple’s ‘standard EULA’ will not apply.
1. Acknowledgement: these Terms are between you and Blua only for the Blua app, and not Apple and we (not Apple) are solely responsible for the Blua app;
2. Scope of Licence: the licence granted to you for the Blua App under section 8.1 of these Terms is limited to a non-transferable licence to use the Blua App on any Apple branded products that you own or control and as permitted by the Apple Usage Rules set out in the Apple Media Services Terms and Conditions;
3. Maintenance and Support: Apple has no obligation to provide maintenance services or support for the Blua app;
4. Warranty: we are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of a failure of the Blua app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the Blua app and you agree to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Blua app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Blua’s sole responsibility;
5. Product Claims: these Terms are not intended to limit your rights beyond what is permitted by applicable law. We, and not Apple, are responsible for addressing any claims of yours or any third party relating to the Blua app or your possession and/or use of the Blua app, including:
1. product liability claims;
2. any claim that the Blua app fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy or similar legislation including with the Blua app’s use of the Apple Health framework;
6. Intellectual Property Rights: in the event of any third party claim that the Blua app or your possession or use of the Blua app infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
7. Legal Compliance: you represent and warrant that:
1. you are not located in a country subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country; and
2. you are not listed on any US Government list of prohibited or restricted parties;
8. Developer Name and Address: if you have any questions, complaints or claims with respect to the Blua app, they should be directed to us as specified under the “Contact us” heading in these Terms;
9. Third Party Terms of Agreement: you must comply with applicable third party terms when using the Blua app as outlined in these Terms; and
10. Third Party Beneficiary: Apple and its subsidiaries are third party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these terms against you as a third-party beneficiary.

1. Jurisdiction: these Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
2. Severability: if any part of these Terms is invalid, unenforceable or illegal, the remaining Terms will continue to apply.
3. Assignment: you must not assign or novate these Terms (or deal with a benefit or right under them, in any other way) without our prior written consent, which may be withheld in our discretion, acting reasonably. We may novate or assign our rights and obligations under these Terms at any time and without notice to you.
4. Force majeure: Neither party will be liable by reason of any failure or delay in the performance of its obligations due to events which are beyond the reasonable control of that party (including a failure by a third party provider, pandemic, strikes, shortages, riots, war, terrorism, government action, fires or natural disasters such as floods, earthquakes or hurricanes).
5. Waiver: If we do not exercise or enforce any right or provision of these Terms, we are not waiving that right or provision.

Contact us:
If you have any questions, complaints or claims with respect to the Blua app, please contact us.
Bupa Telehealth Pty Ltd ABN 31 142 900 472
Address: 33 Exhibition Street, Melbourne, VIC 3000 Australia
Phone: 1800 030 238