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Welcome to HICAPS Portal.
HICAPS Portal is designed to enable Participants and Users to view transaction records processed by the HICAPS System.
Please note that the Participant's use of the System is separate to and completely independent of the HICAPS Portal and is governed by different agreements. The Participant agrees that those agreements do not deal with the Participant's use of HICAPS Portal or the services accessible by means of HICAPS Portal.
1 HICAPS Portal
1.1 These Terms govern the Participant's and User’s use of HICAPS Portal and the information the Participant and/or User gives or receives through it.
1.2 Other agreements the Participant may have with HICAPS relating to the System do not apply to the Participant's use of HICAPS Portal or the services accessible through HICAPS Portal.
1.3 HICAPS may, at any time, add to, remove, change or impose restrictions relating to:
(a) the functionality of HICAPS Portal;
(b) the information contained in HICAPS Portal; or
(c) the Participant's and User’s use of HICAPS Portal.
1.4 The Participant and Users must comply with any reasonable direction or instruction notified to the Participant and/or User by HICAPS about their use of HICAPS Portal.
2 Access to HICAPS Portal
2.1 The Participant and Users must only access HICAPS Portal using their Authentication Details and only for the Authorised Purposes.
2.2 The process for providing a Person with Authentication Details is described in the HICAPS Portal Instructions.
2.3 Access to HICAPS Portal may be denied if HICAPS has a reasonable suspicion that HICAPS Portal is not being used for Authorised Purposes.
3 Participant's responsibilities
3.1 The Participant accepts responsibility for any use or misuse of Authentication Details of its Users, or any use or misuse of HICAPS Portal by a Person:
(a) using those Authentication Details; or
(b) otherwise permitted or authorised by the Participant to use HICAPS Portal.
3.2 The Participant agrees that the Participant and Users must:
(a) choose a new password whenever required to do so by HICAPS that meets the prescribed security requirements;
(b) ensure that the password to access HICAPS Portal will not be the same as, or similar to, any other password;
(c) protect the secrecy of their password(s) and not disclose their password(s) to any other Person;
(d) take reasonable care when accessing HICAPS Portal to ensure that their password(s) are not disclosed to any other Person, in particular ensuring that they are not observed while entering their passwords;
(e) check their Authentication Details carefully and notify HICAPS immediately of any apparent discrepancy;
(f) take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses and trojans;
(g) comply with all applicable laws in accessing or using HICAPS Portal including, but not limited to, the Privacy Act 1988 (Cth) and applicable Australian State and Territory privacy and health data laws; and
(h) consent to the collection, use or disclosure of their personal information and transactional details amongst themselves through HICAPS Portal.
3.3 The Participant must:
(a) notify HICAPS immediately on becoming aware of any unauthorised access to the HICAPS Portal or of any other potential or actual compromise of security that has impacted (or could potentially impact) the HICAPS Portal, including any actual or suspected activity, action or occurrence that indicates a potential compromise of the HICAPS Portal (or a failure of Participant’s associated policies or controls), including suspicious and unauthorised events relating to access control, authentication, data integrity or confidential information contained in the HICAPS Portal (“Security Event”); and
(b) in response to a Security Event:
i. resolve and mitigate any Security Event as soon as possible and provide all assistance reasonably requested by HICAPS to respond to the Security Event, or prevent the occurrence of, subsequent Security Events; and
ii. provide HICAPS with all information reasonably requested in relation the Security Event, including details of actions taken by the Participant and/or User in responding to the Security Event.
4 HICAPS's responsibilities
4.1 The Participant acknowledges that:
(a) HICAPS is not responsible for ensuring:
iii. that a Person is a User;
iv. the confidentiality, integrity, accuracy, completeness or availability of data on, or transmitted to or from, HICAPS Portal, including any records of transactions using the System; or
v. that HICAPS Portal will be continuously available, accurate, complete, current or fault-free; and
(b) subject to the Participant’s rights implied at law which cannot be excluded, HICAPS need not act or may delay in acting on any instruction given through the use of HICAPS Portal, including processing any instruction on the next Banking Business Day after the instruction is given, and the Participant acknowledges that HICAPS is not liable for any loss or damage caused directly or indirectly to the Participant or any other Person as a result of HICAPS’s failure to act or delay in acting.
5 Privacy
HICAPS will collect, use and share the Participant's and/or User’s personal information in accordance with HICAPS's Privacy Policy. The HICAPS Privacy Policy is accessible via the HICAPS website under ‘HICAPS Agreements’ and on HICAPS Portal welcome page, and includes information on how to make a privacy related request, enquiry or complaint.
6 Limitation of liability
6.1 The Participant and Users acknowledge that, subject to the Participant's and/or User’s rights implied at law which cannot be excluded, HICAPS and its Relevant Persons exclude all liability to the Participant and Users for any Loss incurred or suffered by the Participant or it’s Users caused directly or indirectly by any breach of these Terms, any misrepresentation, negligence, wilful misconduct by a Relevant Person, or any other Loss suffered by the Participant or User as a result of or in connection with the Participant's or User’s use of HICAPS Portal, including:
(a) any unavailability of or breakdown or interruption in HICAPS Portal;
(b) any corruption of data or damage caused to the Participant's or User’s computer or computing equipment;
(c) the failure of HICAPS Portal to function correctly or to provide access to accurate or complete transaction records or other data;
(d) any delays or errors in the execution of any transaction or instruction in respect of a Person's Authentication Details;
(e) a Person not receiving funds because of a problem with the information provided by the Participant or any other Person through HICAPS Portal; or
(f) any delays or errors by other parties,
except to the extent such Loss or damage is caused by fraud, negligence or misconduct of HICAPS or its Relevant Persons.
6.2 Where HICAPS is unable to exclude its liability, such liability is limited to, at its election:
(a) resupplying the relevant services accessible through HICAPS Portal to the Participant; or
(b) paying for the resupply of those services to the Participant.
7 Indemnity
7.1 The Participant indemnifies HICAPS for any Loss suffered or incurred by HICAPS (including but not limited to any claim or action brought against HICAPS by a third party), in connection with the Participant's or a User's use or misuse of HICAPS Portal.
7.2 The indemnity in clause 7.1 does not apply to any such Loss that is caused by the fraud, negligence or misconduct of HICAPS or its Relevant Persons.
8 Variation of Terms
8.1 HICAPS can, acting reasonably, change or add to these Terms at any time. We will make any changes in accordance with any applicable legislation and industry codes. If the Participant and/or User does not accept any change to the Terms, the Participant or User can request HICAPS close their HICAPS Portal account and access.
8.2 HICAPS will notify the Participant and Users of a variation to the Terms either by:
(a) displaying a banner, pop up box or other similar notification containing a link to the varied Terms as part of the HICAPS Portal log-in; or
(b) email to the Participant’s registered email address.
8.3 By continuing to log into the HICAPS Portal, the Participant and Users are deemed to have accepted the varied Terms.
9 Force Majeure
HICAPS's provision of services through HICAPS Portal may be suspended to the extent caused by any event beyond its reasonable control (including without limitation, war, riot, natural disaster, communication network congestion or unavailability, or labour dispute).
10 Termination
The Participant or HICAPS may end agreement to these Terms at any time by giving notice in writing to the other party. If the Participant and/or User does not use HICAPS Portal for 12 months, HICAPS may end agreement to these Terms without notice to the Participant or User.
As a consequence of termination of these Terms for any reason, the Participant’s access to HICAPS Portal will be revoked, along with that of its related Users.
11 Notices
11.1 Unless stated otherwise in these Terms, all notices, certificates, consents, approvals, waivers and other communications ("Notices") in connection with these Terms must be in writing, and communicated via postal letter, facsimile, e-mail or HICAPS Portal.
11.2 A Notice takes effect from the time it is received unless a later time is specified. It is taken to be received:
(a) if sent by post, three days after posting (or seven days after posting if sent to or from a place outside Australia);
(b) if sent by fax, at the time shown in the transmission report as the time that the whole fax was sent; and
(c) if sent by e-mail or HICAPS Portal, when the notice enters the recipient's designated information system or is capable of being viewed from a recipient's computer (even if no Person is aware of its receipt).
11.3 For the purposes of notices sent by e-mail and the Electronic Transactions Act, the server on which the mailbox for the designated address resides is to be taken to be the recipient's designated information system.
11.4 A Notice is deemed to be sent from where the sender has its place of business and is deemed to be received where the recipient has its place of business. For the purposes of this clause:
(a) if the sender or recipient has more than one place of business, the place of business is the sender's or recipient's principal place of business; and
(b) if the sender or recipient does not have a place of business, the place of business is the sender's or recipient's usual place.
11.5 Despite the clauses above, if a Notice is received after 5.00pm in the place of receipt or on a day that is not a Banking Business Day, it is to be taken to be received at 9.00am on the next Banking Business Day.
12 Governing law
These Terms are governed by the law in force in Victoria.
Any court cases involving these Terms can be held in the courts of any state or territory of Australia with jurisdiction to consider matters related to these Terms. The parties submit to the non-exclusive jurisdiction of the courts of that place. If the laws of the state or territory where the Participant resides include mandatory protections that are available to the Participant, then this clause does not operate to exclude those protections.
13 Definitions
Australian Government means the Government of the Commonwealth of Australia or any State or local government.
Authority means any national, state, provincial, regional, territorial, local or municipal government, ministry, governmental department, commission, board, bureau, agency, instrumentality, executive or administrative body.
Authentication Details means the User ID, password, date of birth and mobile phone number a Person must use to access HICAPS Portal.
Authorised Purposes means the use of HICAPS Portal in accordance with the HICAPS Portal Instructions.
Banking Business Day means any day on which banks in Melbourne, Victoria are able to effect settlement through the Reserve Bank of Australia.
Electronic Transactions Act means the Electronic Transactions Act 1999 (Cth) and each analogous State and Territory enactment.
Fund means a Person registered as a health benefits organisation under the National Health Act 1953 (Cth) and participating in HICAPS.
Health Provider means a Person practising as a dentist, physiotherapist, chiropractor or optometrist or any other Person practising a health or health related service in respect of whom the Fund may pay a benefit for a particular service rendered by that Person.
HICAPS means © HICAPS Pty Ltd (ABN 11 080 688 866) and includes its successors and assigns.
HICAPS Portal Instructions means the instructions for using HICAPS Portal issued by HICAPS from time to time, available on the Support Hub via the HICAPS Portal.
Loss includes loss, liability, costs or expenses.
Participant means, respectively, a Fund, Australian Government in relation to a Scheme, a Health Provider, or another person with whom HICAPS has agreed may access and, where applicable, permit persons to access HICAPS Portal for the Authorised Purposes.
Person includes an individual, a firm, a body corporate, an unincorporated association or an Authority.
Relevant Person means:
a) an agent, sub-contractor, representative, employee;
b) a person listed in (a) of a related body corporate; or
c) a related body corporate.
Scheme means a scheme funded by any Australian Government or Authority or any other care or entitlement scheme in relation to which invoices (i.e. requests for payments in respect of services provided by a Health Provider) may be submitted through the System.
Security Event has the meaning given under clause 3.3(a) of these Terms.
System means the HICAPS electronic health industry claims system.
Terms means these HICAPS Portal Terms and Conditions.
User means a person authorised to access HICAPS Portal in accordance with the HICAPS Portal Instructions. A User may be authorised directly by a Participant. A reference to User includes Users (and vice versa).
User ID means a user identifier issued to the Participant or a User, as the case may be.