Client Agreement
Contents
1. Connecting with you Mepacs Client Agreement Terms and Conditions 1 Background These Terms and Conditions along with the Application constitute an Agreement between Peninsula Health ABN 52 892 860 159 trading as Mepacs we us and the client named in the Application you 2 Definitions in this Agreement Alarm Unit means the alarm unit installed at the Premises under this Agreement and connected to the System through the Telephone Installation Application means the Mepacs application form Contact Person means a contact person specified in the Application Daily Call means the process set out in clause 7 Equipment means an alarm unit and pendant Fees has the meaning it has in clause 11 Manual means the Mepacs Alarm Service User Manual Premises means the premises at your residential address as specified in the Application Service means the personal alarm service provided in accordance with this Agreement and System means the system by which we provide the Service Telephone Installation includes telephones stored numbers faxes answering machines internet connection including ADSL Broadband and other telephone alarm systems at the Premises 3 Operation of the Agreement This Agreement begins when we accept your Application and continues until it ends in accordance with these Terms and Conditions2. 4 Installation After this Agreement begins we will a provide the Equipment b install the Equipment at the Premises and Mepacs PO Box 192 Mt Eliza VIC 3930 Phone 1800 451 300 Fax 03 9788 1269 email mepacs phcn vic gov au www mepacs com au ST iii A meoacs Personal Assistance Call Service c test the Equipment upon installation The person who installs the Equipment will give you a Manual and instruct you in use of the Equipment at the time of installation You must do everything necessary to allow us to install the Equipment including obtaining the permission of the owner of the Premises for the installation 5 Monitoring what we will do After the Equipment is installed we will monitor the Alarm Unit 24 hours a day every day of the year during this Agreement 6 When the Alarm Unit is activated If the Alarm Unit is activated we will attempt to speak to you through the Alarm Unit and contact the relevant party i e nominated contact ambulance or other emergency service as required If we speak to you we will ask you why the alarm was activated and a call an ambulance or other emergency service to attend at the Premises b call one or more Contact Persons or c take no further action as we consider reasonably appropriate If we do not speak to you we will make one telephone call to each of your Contact Persons on the telephone numbers specified in the Application in the
3. 51 300 Fax 03 9788 1269 email mepacs phcn vic gov au www mepacs com au aan ere meoacs Personal Assistance Call Service If something happens that is beyond our reasonable control and as a result we cannot comply with our obligations under this Agreement we are not liable for failing to comply with those obligations 17 Contact details We may contact you at your address as specified in the Application You may contact us By phone Free call 1800 451 300 By mail PO Box 192 Mt Eliza VIC 3930 By fax 03 9788 1269 By email mepacs phcn vic gov au 18 Variation to this Agreement We can vary this Agreement by giving you at least one month s notice of the variation 19 Assignment You may not assign your rights under this Agreement without our consent 20 Entire agreement This Agreement contains the entire agreement between the parties in relation to the Services 21 Governing law a This Agreement is governed by the law of Victoria b Any legal proceedings in relation to this Agreement must be brought in a Victorian Court PENINSULA HEALTH D vy Connecting with you Privacy 1 Mepacs Mepacs is a service provided by Peninsula Health ABN 52 892 860 159 we us our 2 Information privacy laws We are bound by the nformation Privacy Act 2000 Vic the Health Records Act 2001 Vic and the Health Services Act 1988 Vic 3 Information we collect We colle
4. ary if the daily call button on the Alarm Unit has not been activated between 6 am and 11 am ona day 8 Equipment The Equipment remains our property at all times You must a take reasonable care of the Equipment b tell us immediately if the Equipment or any part of it is lost stolen or damaged and c ensure that the Equipment is not repaired removed or otherwise interfered with unless we give our permission We may in our discretion charge you for replacing Equipment that is lost or stolen 9 Maintenance of the Equipment You must inform us immediately if the Equipment requires repair If this is required we may arrange for a person to attend at the Premises to repair the Equipment Mepacs PO Box 192 Mt Eliza VIC 3930 Phone 1800 451 300 Fax 03 9788 1269 email mepacs phcn vic gov au www mepacs com au meoacs Personal Assistance Call Service We will endeavour to have major repairs completed within one working day and minor repairs within three working days You must pay for repairs other than those required in the course of normal use of the Equipment 10 Other requirements In addition to the other things you must do under this Agreement you must a ensure that we and any person we nominate have access to the Premises for the purposes of alarm installation or repair if we give you reasonable notice use the Service in accordance with the Manual a O O a a perform all Equipment tests requi
5. ct personal information about you and your Contact Persons including a in the Application b when the Application is updated and c when we speak to you or a Contact Person The personal information we collect about you includes health information 4 Recording calls We may record telephone calls made or received by us in providing the Service 5 Why we collect information We collect personal information to enable us to provide the Service including a to enable installers to install the Equipment to enable repair of the Equipment c to telephone your Contact Persons to give to ambulance police and other emergency services when required and e for billing purposes If we do not collect personal information about you and the Contact Persons we will not be able to provide the Service Mepacs PO Box 192 Mt Eliza VIC 3930 Phone 1800 451 300 Fax 03 9788 1269 email mepacs phcn vic gov au www mepacs com au meoacs Personal Assistance Call Service 6 Who we usually give information to We give personal information to installers repairers Contact Persons ambulance police and other emergency services We give health information you provide to Contact Persons the ambulance police and other emergency services 7 Information management policies Our policies on managing personal information are available on request by contacting us on the phone number outlined below 8 Access to informati
6. on You may request access to information that we hold about you by contacting us on the phone number outlined below 9 Correcting information You may ask us to correct person information we hold about you 10 Contact You may contact us By phone Free call 1800 451 300 By mail PO Box 192 Mt Eliza VIC 3930 By fax 03 9788 1269 By email mepacs phcn vic gov au PENINSULA HEALTH
7. order specified in the Application until d we speak to a Contact Person or e all Contact Persons have been called without success If we do not succeed in speaking to a Contact Person we will call an ambulance or other emergency service to attend at the Premises We may do anything else we consider reasonably necessary if the Alarm Unit is activated PENINSULA HEALTH ST iii a Connecting with you 7 Daily Call service This section applies only if the client has a Daily Call service If the daily call button on the Alarm Unit has not been activated between 6 am and 11 am on any given day we will attempt to call you on the telephone If we speak to you we will ask you why the daily call button was not activated and a call an ambulance or other emergency service to attend at the Premises b call one or more Contact Persons or c take no further action as we consider reasonably appropriate If we do not speak to you we will make one telephone call to each of the Contact Persons on the telephone numbers specified in the Application in the order specified in the Application until f we speak to a Contact Person g all Contact Persons have been called without success or h itis 4 pm If we do not succeed in speaking to a Contact Person before 4 pm we will request the police to undertake a welfare check on you at the Premises We may do anything else we consider reasonably necess
8. red by the Manual Qa z tell us immediately if any changes are made to the Telephone Installation or your telephone services provider e tellus as soon as possible if any of the information in the Application Form changes including nominated contact detail and medical details f give us any information we reasonably require concerning the Equipment the Telephone Installation or your suitability to use the Service g carry out at your cost any works necessary for installation of the Equipment and h pay any fees incurred for attendance of an ambulance or other emergency service at your premises 11 Fees The Fees you must pay under this Agreement are specified in the Application and elsewhere in these Terms and Conditions The Fees you must pay may include fees for i installation j monthly monitoring with or without a daily call if applicable and k any other fee payment or cost referred to in the Application or elsewhere in these Terms and Conditions We may change the Fees for monthly monitoring by giving you one month s notice of the change Monitoring fees are payable in advance After this Agreement ends we I deduct any outstanding amounts payable under this Agreement from Fees already paid and PENINSULA HEALTH Connecting with you m from any remaining amount refund monthly monitoring fees paid for the period after this Agreement ends 12 Payment of fees Yo
9. u must pay the Fees including applicable GST a on the day specified in the Application or b if no day is specified in the Application within 30 days after receiving an invoice from us 13 When we can end this Agreement We can end this Agreement a by giving you one month s notice at any time b immediately by notice if you do not pay a Fee when due c immediately by notice if you fail to do anything else required by this Agreement and don t do it within 14 days after we ask you to or d immediately by notice if your use of the Service interferes in any way with our ability to provide a personal monitoring service to others 14 When you can end this Agreement You can end this Agreement a by giving us one month s notice at any time or b immediately by notice if we fail to do anything required by this agreement and don t do it within 14 days after you ask us to 15 Return of the Equipment When this Agreement ends you must return the Equipment within seven days If you do not return the Equipment within seven days you become liable immediately for our costs in replacing that Equipment 16 Liability We are not liable for a the acts or omissions of a Contact Person ambulance police or other emergency service b the operation or failure of the Telephone Installation And you release us from all liability arising from such a cause Mepacs PO Box 192 Mt Eliza VIC 3930 Phone 1800 4
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