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Terms and conditions

Overview

We encourage you to read the full terms and conditions below before using our website or our services, but here’s the key details you’re probably here to scan for. Note that by using, browsing and/or reading this website, you signify that you have read, understood and agree to be bound by the full terms and conditions.

We offer services in pursuit of our mission to make better healthcare more accessible for all. These services, described on our handy How It Works page, are designed to provide information and administrative support to help you make better informed choices about your healthcare and private health insurance.

We want you to love your purchase so much that you’ll tell your friends about us! But we get that sometimes you’ll change your mind, and that’s cool too. Just let us know within 30 days, and provided that the terms of our refund policy are met, we’ll give you your money back.

We hate it when businesses sell or share our personal information. We’re committed to best-in-class privacy. We don’t sell or share your data with advertisers or any third parties so far as we can help it. Check out the full details over on our privacy policy.

We’re based locally in Sydney - just like many of our customers - so we work within the laws and norms of New South Wales, Australia.

Keen to know more? Read on below, and please reach out to [email protected] if you'd like any other information.

Details

1. Definitions

Account: a user account for the Website created to access Paid Services

Appointments: appointments made by Opter on Your behalf with Providers to use Benefits under Your Policy

Benefits: Products or services covered under a Policy, including hospital, extras and combined cover where relevant

Cooling Off Period: a period of 30 days applying to the purchase of Paid Services 

Dispute: a dispute arising out of or relating to the Terms

EFT: payment by electronic funds transfer

Fees: all fees payable by a Member as set out at in these Terms

Free Services: free information which Opter chooses to make available from time to time to any user of the Website without an Account, including but not limited to articles and analysis published on the Website and information generated by the Questionnaire

Insurer: a third party insurer that is entitled to offer private health insurance Policies in Australia

Loss: any direct, indirect, incidental, special, consequential or exemplary damage, loss, cost, expense or liability however it arises and whether it is direct or indirect, present or future, fixed or unascertained, actual or contingent and includes all legal costs and expenses

Member: a person who holds an active Account 

Member Default: any negligence, wrongful act or omission by a Member or failure by the Member to perform any relevant obligation

Membership Period: any fixed term for which We agree to provide the Paid Services to a Member

Notice: written notice provided by a party claiming a Dispute has arisen under the Terms to the other party

Opter:  Opter Pty Ltd (ABN 36 640 856 186) that operates this Website and provides the Services. The same entity referred to as Us, We or Our where relevant

Paid Services: the services that Opter makes available from time to time to Members only, including but not limited to such features as recommending Policies, administrative assistance to find and purchase Policies, notifications of better Policies and Policy changes, benefit reminders, and administrative support to make appointments with Providers. Opter reserves the right to change the Paid Services at any time

Personal Information: information We hold which is identifiable as being about You such identification or contact details, including Your email address, telephone number, password, demographic and other information about You and members of Your households to be covered by a Policy; other information required by Insurers, including date of birth, gender, address, income, residency status, Medicare and concession card coverage; current and / or prior private health insurance coverage; and payment details for payment of Our Fees. At Your option, Personal Information can also include any bank details for payment of rebates by an Insurer under Your Policy

Policy: a private health insurance product provided by an Insurer 

Providers: third party health providers entitled to offer healthcare products and services in Australia, including hospitals, doctors, allied health practitioners and others

Questionnaire: any questionnaire on the Website that asks You to provide some information about Your health and life circumstances and generates information about private health insurance taking these details into account

Refund: a refund of Fees where provided for by the Opter Refund Policy

Services: services provided by Opter through this Website and other forms of communication, at its discretion, as described under Supply of Services in these Terms

Software: any necessary software used in connection with the Services or the Website

Terms: these terms and conditions along with any other terms and conditions set out on the Website or communicated during the Services, including the Complaints Policy, the Privacy Policy and the Refund Policy

Third Party Default: a failure by a third party to complete any obligations they have under a contract with You, including a contract with a Provider for products or services

Website: the website located at opter.ai

You: the user of this Website and any Services. The same person referenced by Your where relevant. Includes your immediate family who live with you 

Your Content: any information You provide to Opter, such as details entered into the Questionnaire

Your Estimated Savings: as used in calculation of Fees, the estimated savings earned by You as defined by the difference between Your Estimated Value from Your (new) Policy and Your Estimated Value from Your Old Policy (or from not holding a policy, if that was your status quo)

Your Estimated Value: as used in calculation of Fees, the sum of the cost of premiums for a Policy, the estimated tax benefits provided to You by that Policy, and the estimated medical benefits provided to You by that Policy

Your Old Policy: as used in calculation of Fees, the Policy that You held prior to adopting Your (new) Policy

Your Policy: a Policy that You purchase through use of the Website and the Services, or which You advise Us You have taken out on Your own behalf based on Your use of the Services

2. About the Website

Welcome to the Website. Opter uses this Website as one means to provide the Services that help You to make better informed decisions about Your healthcare and private health insurance cover.

The Website is owned and operated by Opter Pty Ltd (ABN 36 640 856 186) (‘Opter’). Access to and use of the Website, or any of its Services, is provided to You by Opter.

3. Acceptance of the Terms and Notice

Please read the Terms carefully. Your use of and access to the Website and the Services is conditional upon Your acceptance and compliance with these Terms. Your use of and access to the Website and / or Your purchase or use of the Services constitutes Your agreement to be bound by these Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Opter in the user interface. We recommend You download a copy of the Terms for Your records.

If You do not agree with the Terms, You must no longer access or use the Website or the Services.

Opter reserves the right to review and change any of the Terms from time to time by updating this page at its sole discretion. This will supersede any prior agreements including any previous Terms. When Opter updates the Terms, it will use reasonable endeavours to provide You with notice of these updates. Any changes to the Terms take immediate effect from the date of their publication.

4. Accounts 

In order to become a Member, You must establish an Account and pay the Fee.

Once You have set up an Account, You must pay the Fee before You can access the Paid Services.

As part of the Account registration process, or as part of Your use of the Services, You may be required to provide Personal Information

Once You have completed the Account registration process, You will be a registered Member. As a Member You will be granted timely access to the Paid Services unless and until Your Account is cancelled or otherwise terminated.

Cancellation of Paid Services and Account closures and the process and terms for any applicable refunds are governed by the Cancellation and Refund Policy clauses below.

5. Supply of Services

Opter will provide Services via the Website, or through other forms of communication at Opter’s discretion.

To be eligible to register for an Account and / or receive the Services, You must:

  1. Be 18 or over; and
  2. Not be barred from using the Services under the laws of Australia.

The Paid Services are offered to Members only on an ongoing basis until the Account is cancelled by the Member or otherwise terminated in accordance with these Terms

Opter shall supply the Services in accordance with these Terms and with reasonable care and skill and, as far as reasonably possible and where applicable, in accordance with the Member’s requests. 

You acknowledge and agree that Our Services are based only on estimates of Your needs, and that only You can make the ultimate decision about what products or services, including third party products and services, are best for You.

You agree that in arranging any Policy on Your behalf with an Insurer, Opter may use an Opter email address as a contact address on Your Policy for an initial period of up to five business days or until the sign up process with the Insurer is complete (whichever is longer). Opter will then substitute Your provided email address as the ongoing contact address for the Policy, provide you with confirmation of your login details (after which We recommend that you change Your password with the Insurer), and share an aggregated summary of the emails sent to the Opter email address about Your Policy during the initial period.

6. Time for Delivery of Services

Any timeframes or dates communicated by Opter in respect of the supply of the Services are estimates only and Opter does not guarantee that it will perform any Services within any specified timeframes or dates.

Opter will respond to Member requests within normal business hours. 

If Opter is prevented from or delayed in complying with an obligation set out in these Terms due to an unforeseeable event beyond its reasonable control and that event is continuing for more than 48 hours, Opter’s performance of that obligation is suspended until the event has ceased and until Opter is capable of performing the obligation in accordance with these Terms. 

7. Your Information

Opter takes Your privacy seriously and We may ask You to share personal information when You use the Website or the Services. The way in which Opter collects, uses and discloses any personal information collected by Opter through Your use of the Website and / or Services is described in Opter’s Privacy Policy

You agree that the accuracy of the Services and any information We provide to You is contingent on the accuracy of the information that You provide to Opter. You agree that any information you provide to Opter will be true, accurate and complete at all times. You agree that You will provide updated information to Opter as soon as practicable to ensure that We only hold true, accurate and complete information about You. 

Where Opter engages with third parties, including Insurers and Providers, on Your behalf, You agree that We will share Your Personal Information in accordance with Our Privacy Policy to the minimum extent required to complete the arrangements that You have requested.

You undertake that all details You provide to Us for the purpose of booking, ordering or purchasing products or services on Your behalf with any third parties are correct, that the payment details that You use are Your own, and that You have sufficient funds to cover the cost of the product or service that You have requested.

You are responsible for identifying, understanding any changes to information relevant to You, including Your Account, use of the Website and any Services, and any third party products or services including any Policy.

8. Third Party Content

The Website and the Paid Services allow You to engage third parties to supply products and / or services, including Policies from Insurers and the health products and services of Providers. You acknowledge and agree that:

  1. The presentation of third party products and services by Opter, through the Website and Services, does not constitute an endorsement of the third parties, their products or services, their websites, or their activities. To help ensure accuracy of product information, we use datasets provided by Australia's Private Health Insurance Ombudsman, the Australian Institute of Health and Welfare, and the Australian Prudential Regulation Authority under a Creative Commons license. Links to third party products, services and websites may be provided for Your convenience to provide You with additional or more up to date information. In no circumstances do We make representations about the accuracy of any information contained on any other websites or provided by any third party.
  2. Third party products and services, including those from Insurers and Providers, are provided by the relevant third parties and Opter is not responsible or liable for the provision of those third party products and services. It is Your responsibility to satisfy Yourself that You wish to obtain any third party products or services before You do so.
  3. Any purchase by You of a third party product or service will be subject to the terms and conditions of the provider of that product or service. Where You wish to cancel a third party product or service, You must do so directly with the third party product or service provider.
  4. Where You use a third party product or service arranged through Opter with the intent to claim benefits from Your Insurer under Your Policy, it is Your responsibility to meet all requirements of that Policy for claims, including retaining proof of purchase of relevant third party products or services.

9. Your Obligations Including Fair Use

By using this Website, You agree to comply with the following:

  1. You will use the Services only for purposes that are permitted by the Terms and by any applicable law, regulation or generally accepted practice or guideline in the relevant jurisdictions
  2. You will not use the Website or the Services for any illegal, fraudulent and / or unauthorised use
  3. You will not do anything that may affect the security of this Website or any information or material stored within it.

You acknowledge and agree that You are only permitted to use this Website and the Services for personal use and fair use, subject to these Terms, including that:

  1. Where You have an Account for use of Paid Services, You have sole responsibility for protecting the confidentiality of Your Account details including Your password and / or email address. Use of Your password by any other person may result in the immediate cancellation of Your Account.
  2. Access and use of the Website and the Services is limited, non-transferable, and is for Your sole use. Your Account is personal to You and You are responsible for ensuring that no one else uses it.
  3. You will not use the Website or related Services in connection with any commercial endeavours except those that are specifically endorsed or approved by Opter. If You provide similar services to Opter for commercial gain, You are not permitted to use the Website or related Services.
  4. You will not sell, resell or otherwise provide (including for free) any Services to third parties, or use or otherwise exploit any Services for the purpose of selling or otherwise providing to third parties the benefit of any Services or any products or services that are similar to any Services.
  5. You acknowledge and agree that any automated use of the Website or Services by You is prohibited. You agree not to:
  1. use any automated tool or systematic or repetitive process to access or obtain any content from the Website or the Services, including obtaining a large volume of information beyond fair use;
  2. use any method or process to copy, analyse, repackage or redistribute any content from the Website or the Services;
  3. use any method or process to reverse engineer or otherwise attempt to extract the source code, algorithms or processes used by the Website or related Services; nor
  4. obtain or attempt to obtain information from the Website or the Services in order to identify algorithms or related business methods.

You acknowledge that Opter may use technologies to detect any usage by You that is contrary to these Terms. 

10. Fees and Payment

Where you open an Account, you agree to pay the Fees. The Fees are v variable based on Your circumstances, and equal to 10% of Your Estimated Savings, where Your Estimated Savings are the difference between Your Estimated Value from Your (new) Policy and Your Estimated Value from Your Old Policy (or from not holding a Policy, if that was Your status quo).

You agree and acknowledge that Opter can reasonably vary its Fees at any time by notice to You and that the varied Fees will come into effect when You are next required to pay a Fee after we notify You of the increase. 

We may use a third party payments processor to process Fees. You must agree to the third party processor’s terms in order to use their payment services.

All prices, including the Fees and third party products or services, are quoted in Australian dollars. The Fees are inclusive of GST.

You acknowledge and agree that where a request for the payment of a Fee is returned or denied, for whatever reason, by Your financial institution or is unpaid by You for any other reason, then You are liable for any costs incurred by Us, including banking fees and charges, associated with collecting the Fee or administering the returned or denied payment.

11. Refund Policy

Fees made under the Terms are subject to Opter’s Refund Policy, which is available on the Website.

The Cooling Off Period allows a Member to change their mind about purchasing the Paid Services. If a cancellation occurs within the Cooling Off Period, Your Account is closed, the Fees refunded in full, and any Policy purchased is cancelled. The Cooling Off Period lasts for thirty days from the date the Account is opened unless:

  1. The cooling off period for a Policy arranged through the Account has ended, or cancellation of the Policy is otherwise not possible, according to the relevant Insurer’s terms and conditions.
  2. Benefits have been used or a claim has been made through a Policy procured through Your Account.

12. Copyright and Intellectual Property

You acknowledge and agree that the Services, the Website and any Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Opter, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Website or the Software, in whole or in part. This prohibition does not extend to materials on the Website which are freely available for reuse or are in the public domain.

Opter grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Service by any means other than through the interface that is provided by Opter for use in accessing the Services. 

13. General Disclaimer

Before making any decision about a Policy, You should always read the policy documentation from the Insurer before making any decision to acquire or hold the Policy.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Use of the Website and the Services is at Your sole risk. Everything on the Website and the Services is provided to You “as is” and “as available” without warranty or condition of any kind. Opter expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Opter makes no warranty that (i) the service will meet Your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, and (iii) any errors in the Software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services, Website or Software is done at your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by You from Opter or through or from the Services shall create any warranty not expressly stated in these Terms.

Due to the global nature of the internet, users outside of Australian jurisdiction may access the Website. The Website and the Services are not intended for use by a person outside of the jurisdiction.

14. Limitation Of Liability

Opter’s total liability arising out of or in connection with the Website, Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost involved in resupplying the relevant Services to You.

Except for obligations imposed by law that cannot be excluded, You expressly understand and agree that Opter, its affiliates, employees, agents, contributors and licensors shall not be liable to You for any Loss which may be incurred by You as a result of (without limitation): any unauthorised access of or breach of cyber security to the Website; the transmission of any computer virus; any misrepresentation, inaccuracies, error, faults or omissions in relation to the Website; accessing, attempting to access, or using third party products, services or websites; any loss of profit (whether incurred directly or indirectly); any loss of goodwill or business reputation; or any other intangible loss.

15. Indemnity

To the maximum extent permitted by law, You agree to indemnify and keep indemnified Opter, its affiliates, employees, agents, contributors, third party content providers and licensors from and against any and all Loss, actions or claims by any person to the extent that the Loss arises out of, or in connection with, either directly or indirectly:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a fully indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of You accessing, using or transacting on the Website or the Services or attempts to do so; 
  3. any Member Default; 
  4. any breach by You of another legal obligation or an applicable law;
  5. any breach by You of the Terms;
  6. Your negligence or wrongful acts or omissions; and / or
  7. where a third party fails to perform obligations under a contract arranged for You by Opter.

16. Suspension or Termination of the Services or the Terms

The Terms will continue to apply to Your use of the Website and the Services until the Terms are terminated in accordance with this clause.

The Limitation of Liability and Indemnity clauses survive termination or expiry of these Terms.

If Opter’s performance of any of its obligations under these Terms is prevented or delayed by any Member Default, then Opter shall, without limiting its other rights or remedies available under these Terms and at law, have the right to suspend performance of its obligations until the Member remedies the Member Default.

Subject to local applicable laws and at Opter’s discretion, Opter may immediately suspend, deny or terminate Your access to all or any portion of the Website or Services at any time if:

  1. You have breached any applicable law or any provision of the Terms or You intend to do so;
  2. Your conduct impacts Opter’s name or reputation or violates Opter’s rights under these Terms or those of another party;
  3. Opter is required to do so by law; or
  4. the provision of Services to You by Opter is, in the reasonable opinion of Opter, no longer commercially viable and Opter provides 10 days’ written notice to You notifying You of the termination.

A Member may cancel their Account at any time. If You want to cancel Your Account, You may do so by:

  1. Providing Opter with 30 days’ notice of Your intention to terminate, in writing, via the ‘Contact Us’ link on Our homepage; or
  2. closing Your Accounts via the Website, where Opter has made this option available to You.

If Your Account is closed, but You continue to access the Free Services, these Terms will continue to apply to you.

Cancellation of any Policy is governed by the relevant Insurer’s terms and conditions. If You decide to cancel any Policy then it is Your responsibility to carry out any cancellation request and process with the Insurer, and to inform Opter of your decision within five working days or five working days before the next billing date, whichever is sooner.

Opter is not liable for any payments, costs or losses incurred by a Member through cancellation or adjustment of any Policy. 

17. Dispute Resolution

If a Dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the Dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party claiming a Dispute has arisen under the Terms must give Notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

Resolution: on receipt of that Notice by that other party, the parties must:

  1. within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. if for any reason whatsoever the Dispute has not been resolved 60 days after the date of the Notice, either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  3. be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing;
  4. each pay their own costs associated with the mediation; and
  5. agree that the mediation will be held in Sydney, Australia.

Confidentiality: All communications concerning negotiations made by the parties to the Terms arising out of and in connection with a Dispute or this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, the parties must resolve the Dispute in accordance with the Jurisdiction clause of these Terms.

18. Governing Law and Jurisdiction

The Website and the Services are provided for Australian residents only. 

The laws of New South Wales, Australia apply to these Terms, Your use of the Website and the Services and the resolution of any dispute, proceeding or claim arising from access to and use of the Website or the Services. 

In the event of any dispute, proceeding or claim, both parties submit to the exclusive jurisdiction of the that the courts and tribunals of New South Wales, Australia. The validity of this governing law clause is not contested.

19. Severance

If any part of these Terms is found to be illegal, unenforceable or invalid, that part shall be eliminated or modified to the minimum extent necessary to make that part legal, enforceable and valid, and the rest of the Terms shall remain in force.

Privacy policy

Overview

Hey - thanks for valuing your privacy and reading the privacy policy. You're our kind of people! We encourage you to read the full policy below. But in case you're just keen to scan for any common concerns like advertising or sharing with third parties, here's the most important stuff:

  • We don't sell ads or sell your data. That means we don't sell or share your data with advertisers. (Isn't it nice to visit websites without ads? Look at all this white space!)
  • We also don't share your data with any other third parties so far as we can help it. The main exception to this is health funds - if you ask us to facilitate you joining a health fund, then we'll need to share some information with them to complete the process. But we'll share with them only what's necessary for that, and no more. Rest assured, our software engineers all trust opter.ai with their data, and they're some of the most privacy conscious people around.
  • Your information is stored in a secure format in Sydney, Australia.

Keen to know more? Read on below, and please reach out to [email protected] if you'd like any other information.

Privacy Collection Statement

Your personal information is protected by law, including the Privacy Act 1988. Opter Pty Ltd (ABN 36 640 856 186) (“Opter”) collects personal information from you, including sensitive information. When you provide personal information about other individuals, such as family members on your Opter membership, Opter relies on you having made the other individuals aware of the matters in this Statement and having obtained their consent on these matters.

Opter collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website, and when we provide our services to you. We may receive personal information from third parties. All personal information is protected as set out in the Opter Privacy Policy.

The personal information is collected so that Opter can provide you with information, updates and our services - specifically advice and administrative support for selecting, purchasing and administering private health insurance policies. Where Opter is not able to collect personal information, then Opter may not be able to provide its services to you.

We may also make you aware of any new and additional products, services and opportunities that become available to you. We may use your personal information to improve our products and services and better understand your needs. Opter may contact you by a variety of measures including, but not limited to, telephone, email, SMS or mail. 

Opter may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes described above. Personal information is only supplied to a third party when it is required for the delivery of our services, and the minimum amount of personal information is supplied in such a case.

Where you ask us to request that a private health insurer apply the Australian Government Rebate for Private Health Insurance (the ‘Rebate’), then your personal information will be shared by the private health insurer with Services Australia for the assessment and administration of payments and services. This information is required to process your application for the Rebate.

Your information may be used by Services Australia or given to other parties for the purposes of research, investigation, or where you have agreed or it is required or authorised by law. You can get more information about the way in which Services Australia will manage your personal information, including its privacy policy, at servicesaustralia.gov.au/privacy-policy or by requesting a copy from Services Australia. 

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Opter, opter.ai, its customers or third parties. 

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality.

We would seek to only disclose information in good faith and where required by any of the above circumstances. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

Where a member purchases insurance products from a private health insurer through Opter, the member’s relationship with the private health insurer is independent from Opter and the private health insurer’s privacy policy applies.

The Opter Privacy Policy sets out how you can access and seek correction of any of your personal information held by Opter and how you may make a complaint if you consider that we have not complied with the Privacy Act 1988 (Cth) when handling your personal information.

You can access our Privacy Policy here. If you need to contact us regarding personal information we hold about you, please email us at [email protected].

Opter’s Privacy Collection Statement and Privacy Policy may change from time to time. The latest versions will be available online at www.opter.ai/legal#privacy.

Opter Pty Ltd (ABN 36 640 856 186), L2 23 Foster St, Surry Hills NSW 2010

Document last updated on 16 November 2022.

Details

We respect your privacy

Opter respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. "Personal information" is information we hold which is identifiable as being about you.

Collection of personal information

Opter will, from time to time, receive and store personal information that you provide to us directly by entering onto our website or give to us in other forms. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preferences, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. Additionally, we may also collect any other information you provide while interacting with us.

How we collect your personal information

Opter collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

Use of your personal information

Opter may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities that become available to you. We may use your personal information to improve our products and services and better understand your needs. Opter may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

Disclosure of your personal information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services, and the minimum amount of personal information is supplied in such a case. As at February 2022, such supply includes Stripe, for payment; Sendgrid, for email; and private health insurer/s where you have requested that we contact them on your behalf as part of our services.

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Opter, opter.ai, its customers or third parties. 

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. 

We would seek to only disclose information in good faith and where required by any of the above circumstances. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

Where you ask us to request that a private health insurer apply the Australian Government Rebate for Private Health Insurance (the ‘Rebate’), then your personal information will be shared by the private health insurer with Services Australia for the assessment and administration of payments and services. This information is required to process your application for the Rebate.Your information may be used by Services Australia or given to other parties for the purposes of research, investigation, or where you have agreed or it is required or authorised by law. You can get more information about the way in which Services Australia will manage your personal information, including its privacy policy, at servicesaustralia.gov.au/privacy-policy or by requesting a copy from Services Australia.

Security of your personal information

Opter is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Access to your personal information

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you, or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to Privacy Officer, Opter Pty Ltd - Level 2, 23 Foster Street, Surry Hills NSW 2010. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Changes to Privacy Policy

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

Website

When you visit our website

When you come to our website (opter.ai) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic, assess marketing effectiveness, and help us provide a better website visitor experience.

Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites. Please be aware that Opter is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Refund policy

Overview

This Refund Policy (‘Policy’) applies to purchases of Opter services as set out in the terms and conditions on the opter.ai website.

Details

1. General

  1. We offer refunds in accordance with the Australian Consumer Law and on the terms set out in this Policy.
  2. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
  3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

2. Australian Consumer Law

  1. Under the Australian Consumer Law:
    1. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
      1. to cancel your service contract with us; and
      2. to a refund for the unused portion, or to compensation for its reduced value.
    2. If a failure with a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.
  2. We offer refunds in accordance with the Australian Consumer Law.
  3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
  4. If the Australian Consumer Law applies, then we cannot avoid the Consumer guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
  5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
  6. If a service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
  7. If a service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.

3. Cancellation and Change of Mind

  1. In the event that you receive the services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:
    1. You notify us of your cancellation request within 30 days of the purchase date, in writing, via the ‘Contact Us’ link on our homepage or the Member Dashboard.
    2. In the case of services, the services have not already been performed.
    3. Your cancellation request occurs within the applicable cooling off period. The cooling off period lasts for thirty days from the purchase date unless:
      1. where the services include arranging a private health insurance product through a third party private health insurer:
        1. the cooling off period for that product has ended, or cancellation of the product is otherwise not possible, according to the insurer’s terms and conditions.
        2. benefits have been claimed through the product.
      2. the member has used Opter administrative services, for example to make appointments with health providers.

4. Exceptions

  1. Notwithstanding the other provisions of this Policy, we may refuse to provide a replacement or refund for a service purchased by you if:
    1. You knew or were made aware of the problem(s) with the service before you purchased it.
    2. You asked for a service to be done in a certain manner against our advice, or you were unclear about what you wanted.
    3. Any other exceptions that apply under the Australian Consumer Law.

5. Response time

  1. We aim to process any requests for replacements or refunds within 10 days of receipt.

6. Contact us

  1. If you wish to speak to us about this Policy or about any refund or replacements, please contact us at: [email protected].

Complaints policy

Overview

There may be times where opter.ai does not meet your expectations. In these circumstances we encourage you to let us know. We are committed to learning from your experiences as it will help us to continually improve the Services we deliver.

Details

opter.ai has a structured approach to resolving complaints.

1. Send Complaint

If you are dissatisfied with a product or service provided by us, you can lodge a complaint with us.

Please include in your complaint the following details:

- your name and contact details;

- the nature of the complaint;

- details of any steps you have already taken to resolve the complaint;

- details of conversations you may have had with us that may be relevant to your complaint and;

- copies of any documentation which may be relevant.

Please send your complaint to [email protected]

2. Evaluation

We will take note of what information you provide to us. This information will be passed on to the appropriate department of opter.ai to deal with the complaint.

We are committed to resolving your complaint within a timely manner.

3. Response

We will keep in touch with you during the process. If you require support, please email [email protected]. Once we have finalised your complaint, we will advise you of our findings and any action we have taken.

If you're still dissatisfied with the outcome of your complaint, you can contact the Private Health Insurance Ombudsman at this address www.ombudsman.gov.au or phone 1300 362 072.