- Information about one or more residents in a Bupa Care Home (the “Resident(s)”) held in VCare (an electronic information system currently used by Bupa) can be made accessible to certain designated person(s) through the Blua App or other approved access methods. A designated person is:
- Resident or a person expressly authorised by the Resident to receive access to information in the Blua App; or
- a healthcare provider (such as a general practitioner) who provides healthcare services to Bupa residents and is provided direct access to VCare by Bupa (“Designated Person(s)”).
- Access to the Blua App and/or VCare is enabled through authentication service(s) which will also be used to authenticate and verify the details and authority of the Designated Person(s), such as but not limited to verify identity, authority and eligibility of users.
- These Terms and Conditions (Terms) apply to your use of the Blua App and/or access to VCare as applicable (“You”), including related authentication services (together the “Services”). The Services are provided to you by Bupa Care Services NZ Limited and its related entities and bodies corporate (together referred to as “Bupa”, “we”, “us” and “our”). Specifically, the authentication service is provided on behalf of Bupa Care Services NZ Limited by its related entity, Bupa HI Holdings Pty Ltd.
- By creating a profile, signing in, or otherwise accessing or using the Services, you agree to be bound by these Terms as applicable.
- We may change these Terms from time to time. If we make changes to these Terms, you will be notified of those changes by us. If you wish to continue to use the Services, you will be required to review and agree to any revised version of these Terms. We reserve the right to modify or discontinue any part of the Service at any time.
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1. About these Terms
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2. Other terms and conditions that may apply
- If you are a Resident, these Terms apply alongside to your Admission Agreement and any other terms or agreements between us. These terms may supplement, update or clarify the applicable terms of the Admission Agreement or any other terms or agreements between us.
- To the extent of any inconsistency between these Terms and any other terms or agreements between us, these terms and conditions prevail.
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3. Eligibility
- Access to the Services is restricted to the Designated Person(s), and is subject to any criteria or other set up requirements for access as determined by Bupa from time to time.
- You must be at least 18 years of age to access or use the Services.
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4. Signing up
- Designated Person(s) will be provided with a unique identifier which the Designated Person(s) can use to create a profile and to sign in to the relevant Services.
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5. Current Service Functionalities and Changes
- We reserve the right to remove or change the Services including the scope of the Services from time to time.
- You and the Resident (if applicable) will be notified of any material changes to the functionalities of the Blua App that change or expand the scope of information accessible in the Blua App. In the absence of the Resident’s notice to withdraw use of the Blua App, the Resident is deemed to have authorised such additional or changed information accessible through the Blua App following notification. Currently, the functionalities within the Blua App include:
- Resident care plan and certain information about the daily care (including without limitation photos, activities, participation, events, appointments, bathing routines, vaccinations) to be shared to persons designated by the Resident.
- The Care Home’s activities calendar and national menu.
- Messaging feature which will enable you to contact Bupa Care Home employees directly.
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6. Security
- You must keep your password and or log in credentials confidential and not share your passwords and/or credentials with anyone or permit anyone else to use the Services.
- If you believe your login credentials and or password have been misused or compromised, you should contact us immediately. You can find our details at bupa.co.nz/contact-us.
- Our authentication service is protected by 2048 bit SSL encryption to help ensure the integrity and confidentiality of information passed between your browser and our server.
- You must assist in maintaining the security of your information by ensuring that you use a strong password which you do not use for other services, having adequate anti-virus software and firewalls installed on your device or otherwise taking steps to ensure the security of your device.
- You must ensure that your device is secure with an up-to-date operating system, which is not modified in such a way that may compromise security.
- You agree that all aspects of the underlying system and technology for the Services is confidential information as defined in clause 8.1. You must not access or use any non-public part of the system, and if you accidentally do so, you must treat it as confidential and stop accessing it immediately.
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7. Use and Privacy
- In accepting these Terms, you acknowledge and authorise the following collection, use, storage and disclosure of your personal information for the purposes of verifying your identity as the authorised user of the Services, administering the Services, and where applicable, providing the Resident care services, managing and facilitating the Admission Agreement, facilitating communication, support and coordination between the Resident and Designated Person(s) and/or complying with our legal obligations:
- our First and Last Name, Email Address, and Mobile Number when creating a profile and signing into the Blua App and/or VCare;
- where you are the Resident, your personal information (including health information) will be collected from, and made readily accessible to, any authorised Designated Person(s); and
- any personal information you share through any messaging feature available through the Services.<
We will collect, use, store and disclose your personal information in accordance with the Privacy Act 2020, the Health Information Privacy Code (as applicable) and Bupa’s Privacy Policy, which you can find at: bupa.co.nz/privacy-policy
- You acknowledge the information accessed from the Blua App and/or VCare (as applicable) is the Resident’s sensitive health information which should be treated as confidential. All Resident information accessed through the Services is considered Confidential Information as defined in clause 8.1, and you must comply with all obligations set out in clause 8 in respect of such information and any applicable laws. Any breach may result in suspension or termination of your access to the Services under clause 12.
- You may use the messaging feature in the Blua App only for legitimate enquiries or communications relating to the Resident and in accordance with these Terms. Messages submitted by you will be reviewed and responded to as they are checked, and response times may vary. Messages will not be responded to outside of business hours (being 9am-5pm Monday to Friday, excluding weekends and public holidays).
- 7.4 By using the messaging feature, you acknowledge that any information you share through the messaging feature in the Blua App will be stored in:
- VCare for operational and legal purposes; and
- the in-app messaging system operator, Azure Communications, to support continuity of communication within the Services.
- We may monitor activity on the Services to conduct analytics on usage, to protect information and the Services, and to help improve your experience and the Services.
- If you access any information in error, are the wrong recipient of information, or otherwise become aware of a potential privacy breach, you must report this immediately and destroy any information that has already been accessed.
- In accepting these Terms, you acknowledge and authorise the following collection, use, storage and disclosure of your personal information for the purposes of verifying your identity as the authorised user of the Services, administering the Services, and where applicable, providing the Resident care services, managing and facilitating the Admission Agreement, facilitating communication, support and coordination between the Resident and Designated Person(s) and/or complying with our legal obligations:
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8. Confidentiality & Access
- “Confidential Information” means, all information of, used by, relating to, or connected with Bupa, its residents, its facilities, or its transactions, operations or affairs, whether in oral, written, electronic or any other form. Confidential Information includes, without limitation, all information accessible through the Services, all business, operational, financial and system information, and any information relating to residents residing within a Bupa care home or retirement village, regardless of whether such information is marked or identified as confidential.
- You must keep all Confidential Information strictly confidential. You may disclose Confidential Information only when:
- you are the owner of the Confidential Information and the information being disclosed relates solely to you;
- you have been given express consent by the owner of the Confidential Information; or
- to the extent that the law requires (and you notify us prior to providing and releasing any information).
- You must not use the Services for any unlawful, unauthorised, or inappropriate purpose, such as but not limited to accessing or attempting to access any Bupa information which you are not entitled to.
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9. License and intellectual property
- Bupa, or our licensors, own copyright, trade marks and other intellectual property rights in relation to the Services and any materials and content provided therein.
- We give you a non-exclusive, revocable, and non-transferrable license to use the Services in accordance with these Terms, but we at all times retain, as applicable, the license, copyright, trade marks and other intellectual property rights in the Services.
- You may not:
- rent, lease, sub-license, loan, provide, or otherwise make available the Services in any form, in whole or in part, to any person.
- allow others to use the Services as though they were you;
- translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit any part of the Services to be combined with, or become incorporated in, any other programs, except as necessary for the normal use of the Services;
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things.
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10. Data Accuracy
- The Services are provided to support access to information and do not replace ordinary communication processes, clinical judgement, care planning processes, or internal reporting procedures.
- Information accessible through the Services may not always be complete, current, or error-free.
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11. Liability
- Neither Bupa, its affiliates and any of their respective employees and agents, third party providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with your use of the Services.
- Nothing in these terms and conditions limits our liability for any rights which, by law, may not be excluded.
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12. Suspension and Termination
- Bupa may reduce, suspend or revoke your access to the Services at any time if you breach these Terms, misuse information, or pose a security risk.
- Your access to the Services may be reduced, suspended or terminated immediately at any time, and without notice or explanation. For example, where a Resident changes the persons authorised to access their information via the Blua App.
- You may terminate or suspend your access to the Services at any time by contacting the Care Home or Village administration.
- Upon termination or suspension, you must immediately cease using the Services.
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13. Governing Law/Jurisdiction
- These Terms are governed by and construed by in accordance with the laws in New Zealand.
- You submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute arising under or in connection with these Terms or your use of the Services.