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ST JOHN MEDICAL ALARMS

 

TERMS AND CONDITIONS

FOR SALE, RENTAL AND MONITORING SERVICE AGREEMENTS

 

1.     Definitions

In this agreement, unless the context otherwise requires definitions are as follows:

Australian Consumer Law means Schedule 2 to the Consumer and Competition Consumer Act 2010 (Cth), or other similar legislation of the State or Territory of Australia.

Consumer means the person who uses the St John Medical Alarm.

Emergency contact means a person who is able to render assistance to the client specified in the registration form.

Installer means the person authorised by St John Medical Alarms to facilitate the connection of the St John Medical Alarm.

Loss includes any indirect, consequential, special or economic loss, cost, liability, damage or expense.

Monthly fee means the amount specified in the quotation and Fee Schedule at clause 10 for the monthly rental fee (if applicable) and the monthly monitoring service fee.

Premises means the location where the St John Medical Alarm is installed and is identified as the address of the Consumer in the registration form.

Provider means St John Ambulance Australia Queensland Limited, an association incorporated under the Associations Incorporations Act 1981 (Qld) (IA 5624), trading as St John Medical Alarms, located at 157 Granite Street, Geebung, Queensland, 4034 and contactable via phone on 1300 785 646 or 1800 266 575 and via email medicalalarms@stjohnqld.com.au

Setup Fee, Rental Fee and Purchase Fee is the amount specified in the quote and in the Rental and/or Service Agreement form.

St John Medical Alarm is the EVE 3G Alarm Monitor available for rent or purchase including 1 x falls detector pendant.

Subscriber means the party paying for the St John Medical Alarm or if the Consumer pays for the St John Medical Alarm, the Consumer.

Supplier means the entity that provides the St John Medical Alarm and includes the manufacturer of the St John Medical Alarm.

2.     St John Medical Alarm Service Agreement

         2.1     The Agreement

This Service Agreement sets out the terms and conditions in which you will receive, if you agree, your St John Medical Alarm service.  This Service Agreement includes the following documents:

                     Quotation for the Service

                     Setup Payment Agreement

                     Service Agreement Form

                     Client Registration Form

                     Welcome Pack

         2.2     Changes to the Agreement

Terms of this agreement and service may change at any time by giving you 14 days notice.  If we make any price change or change to the terms and conditions of your service, we will provide you with 21 days notice.  If we change the structure of the package, we will continue to supply you with the equivalent package for which you are eligible and that provides you with the most equivalent service you were subscribing to immediately prior to the change.

         2.3     How to Contact Us

You can contact St John Ambulance Medical Alarms by:

Web: www.stjohnqld.com.au

Email: medicalalarms@stjohnqld.com.au

Mail:                 St John Medical Alarms

                            PO Box 540

                            VIRGINIA   QLD   4014

Phone:            1300 785 646 (QLD) or 1800 266 575 (Interstate)

3.    Your Subscription

        3.1     What is the St John Medical Alarm Service?

The St John Medical Alarms Service provides you with the products and service package you subscribe to.  Your subscription to the St John Medical Alarm Monitoring Service will include a rental fee for the alarm if you choose to rent the alarm.  All subscriptions to the St John Medical Alarm Service incur a monthly monitoring fee for the service as specified in the Fee Schedule at clause 10.

        3.2      When does your Agreement Begin?

Your subscription to St John Medical Alarms commences from the date that you sign all/any St John Ambulance Medical Alarm:

                      Setup Payment Agreement

                      Service Agreement Form

                      Client Registration Form

        3.3      When does your Agreement End?

There is no locked in contract or fixed term for the St John Medical Alarms Service agreement.  Service and rental fees are charged monthly in advance as specified in the Fee Schedule at clause 10.  When you end your service, calculation of a pro rata monthly monitoring fee applies in accordance with the Fee Schedule at clause 10.  In the case of rental equipment being provided with the St John Medical Alarm Service agreement, your agreement with St John Medical Alarms will continue until the equipment is returned in full to the St John Medical Alarms address provided in your cancellation letter.  The date that the equipment is received back by St John Medical Alarms is the date that your service agreement ceases with St John Medical Alarms.  A pro rata monthly monitoring fee will be calculated until your service agreement ceases in accordance with the Fee Schedule at clause 10.

         3.4     Rental Fees and Equipment Return

Rental St John Medical Alarms may be provided as part of your service agreement if you choose to rent the alarm rather than purchase the alarm outright.  A monthly rental fee will be charged as specified in the Fee Schedule at clause 10.  You will continue to be charged a monthly rental fee for the St John Medical Alarm until all equipment is returned to St John Medical Alarms.  In the case of lost or damaged equipment, fees are applicable as specified in the Fee Schedule at clause 10.  We will calculate your final rental and monitoring fee from the date that the St John Medical Alarm is returned to us.  The fees that apply will be a pro-rata monthly monitoring fee and the applicable monthly rental fee.  If you fail to return the equipment to us, we may take legal action to recover the equipment from you or charge you a fee for unrecovered equipment.

         3.5     Suspending your subscription

You are at liberty to suspend your subscription for monitoring of your St John Medical Alarm for a minimum of 2 weeks and a maximum of 3 months (12 weeks).  For periods of longer than 3 months, you will be required to cancel your subscription and return rental equipment (if applicable).  The suspension is limited to the St John Monitoring Service for which the agreed period of suspension, you will not be charged a monitoring fee, but any rental fees applicable for the St John Medical Alarm will still be charged.  This is in accordance with Fee Schedule at clause 10.

         3.6     Cancelling your subscription

The subscriber is entitled to terminate this agreement at any time by providing notice to the provider (St John Ambulance Queensland) of their desire to terminate their agreement either:

 In writing to:          St John Medical Alarms

               PO Box 540, Virginia  QLD  4014

 Emailing:                   medicalalarms@stjohnqld.com.au

 or by calling:           1300 785 646 (QLD) or 1800 266 575 (interstate)

Monitoring service fees apply for rental units until the equipment is received back in good order, or for owned units from the date that notification is provided to cease the monitoring service.  Rental St John Medical Alarms are to be returned within 7 days of the provided notice.

        3.7      Who can cancel my subscription?

You as the Consumer or your agent (legal or medical power of attorney) as the Subscriber may cancel your subscription in the event that your circumstances change, and you no longer require the St John Medical Alarm.  This includes but is not limited to the Consumers relocation of premises to assisted living facilities or in the event of serious illness requiring extended hospitalisation stay and or death.  The provider is entitled in its absolute discretion to suspend or terminate this agreement on 14 days’ notice to the subscriber if:

                     Any fees remain outstanding for more than 21 days after their due date for payment.

                     The Subscriber does not notify the provider of any change to the Consumers details set out in the registration and the                           Provider is unable to provide the St John Medical Alarm at the Consumers new address for any reason, or

                     The Provider for any reason ceases to be able to provide the St John Medical Alarm at the premises.

The Subscriber agrees that any fees that are outstanding at the date of termination under their clause will be immediately payable on demand by their Provider.  If the Provider terminates this agreement, the Subscriber must return the St John Medical Alarm (if renting), in good working condition to the Provider within 7 days of receiving the notice.

        3.8      Buy Back Option

For purchased St John Medical Alarms, depending on the condition of your St John Medical Alarm, we may offer you a buy back option in accordance with the Buy Back Schedule at clause 11.  We will apply this as a credit to your final service account with St John Medical Alarms from the date that we receive your alarm in good working order.

4.    About the St John Medical Alarm

        4.1   What is the St John Medical Alarm?

St John Medical Alarms are imported and distributed by St John Ambulance Australia Queensland Limited.  The device is an EVE 3GDX Data model designed for data only communication to the St John Medical Alarm Monitoring Centre with a ring back feature over cellular voice network.  It is a single SIM socket unit which is accessible under a secure battery cover, designed to prevent tampering or accidental removal.  Data communication is fast, efficient and resilient in major disaster events; when other cellular communications are overloaded, data is often the least affected communication pathway.

       4.2    Warranty

St John Ambulance Australia Queensland Limited warrants the St John Medical Alarm to be free from defects in materials and workmanship under normal use for a period of up to twelve (12) months from the date of purchase, as evidence by the purchase receipt.  The St John Ambulance Australian Queensland Limited Warranty is limited to the St John Medical Alarm and its accessories.  St John Ambulance Australian Queensland Limited accepts no responsibility for any damage or otherwise resulting from the incorrect use or tampering of the electrical components of the St John Medical Alarm or damage to any property as a result of incorrect use of the St John Medical Alarm.  St John Ambulance Australia Queensland Limited will only replace rental St John Medical Alarms at their discretion after a series of tests on the unit are conducted that determine that there is a problem that cannot be fixed over the phone.  St John Medical Alarms warranty does not extend to the replacement of broken pendant chains, watches, lost pendants or flat batteries.  Replacement items are available for purchase in accordance with the Fee Schedule at clause 10.

       4.3    Firmware Upgrades and Time Zone

St John Medical Alarms may upgrade voice, firmware and configuration settings remotely through the cellular data network.  As required, St John Medical Alarms may conduct a Global Update service to ensure that your St John Medical Alarm is running optimally.  St John Medical Alarms update and change in time zone and daylight saving using network time.

       4.4    Power and Batteries

The St John Medical Alarm is powered by a standard DC power cord and is capable of running only off this plug pack, which means that in the event of the battery being discharged or removed the alarm is still fully functional.  The backup battery is designed as a backup only to keep power to the St John Medical Alarm in the event of a mains power failure or outage so that that your alarm will continue to be powered and monitored.  The battery provides up to 70 hours of backup when fully charged.  The battery is fully charged in under 24 hours by connecting the alarm base unit to mains DC power.  The battery life for the alarm base unit is up to five (5) years.  A low battery warning will register at the St John Medical Alarm Monitoring Centre following mains failure when the battery has 20% capacity remaining.  A mains fail report will register at the St John Medical Alarm Monitoring Centre following a random delay in connection between one and four hours.  Power restore reports are generated when mains power is resupplied.  Batteries for the pendants are to be replaced by the manufacturer.  Standard and wrist watch pendants last for up to five (5) years whereas the Pearl Falls Detector pendant lasts for up to two (2) years.  Pendants for rental St John Medical Alarms are to be returned to St John Medical Alarms and will be replaced at the expense of St John Medical Alarms.  Pendants that have been purchased will need to be replaced at the expense of the Consumer in accordance with the Fee Schedule at clause 10.

      4.5     Setting up the St John Medical Alarm

Installation of the alarm is not required to be done by an external professional and can be easily achieved using the installation guide included with the alarm.  The St John Medical Alarm is a plug and play system operated by at DC power cord, has a back-up battery and SIM card pre-installed to access the Telstra Cellular Network Connection.  The St John Medical Alarm Service Team can assist with installation over the phone and troubleshoot any difficulties.  Alternatively, St John Medical Alarms can arrange an Installer at for an additional fee for service cost to the Consumer to install the St John Medical Alarm only - installation of key safes is not included.  Installation, regular testing and daily connectivity of the St John Alarm is the responsibility of the Subscriber.  St John Medical Alarms will follow up on daily connectivity reports where compliance issues have been reported by the St John Monitoring Service provider.

      4.6     Using Multiple Pendants

Multiple pendants can be used with the one base St John Medical Alarm unit.  The standard St John Medical Alarm package includes one Falls Detector Pendant.  Additional pendants can be purchased separately as an accessory and paired to the base St John Medical Alarm.  This allows several members of a house hold to be monitored.  It is the Subscribers responsibility to inform St John Medical Alarms of the name, registration details and pendant Zone number for each Consumer that is being monitored by the St John Medical Alarm.  St John Medical Alarms takes no responsibility for the misidentification of Consumers as a result of the Consumer incorrectly recording or wearing a pendant belonging to a different Zone number resulting in St John Medical Alarms identifying the Consumer as a different Consumer in the household.  St John Medical Alarms recommends that for households with multiple pendants, the name of the Consumer is written down with the Zone number of their pendant for easy identification.  It is the responsibility of the Consumer to advise any changes to St John Medical Alarms so the St John Monitoring Centre can identify which Consumer has called for help.

      4.7    Testing the St John Medical Alarm

Regular testing of the pendant and the alarm to ensure it is working is the responsibility of the Consumer.  The St John Monitoring Service Provider will conduct periodic test signals twice daily with the St John Medical Alarm to ensure connectivity.  St John Medical Alarms will receive notification from the St John Monitoring Service Provider of reports of mains power failure, low battery, inactivity of the pendant, connectivity errors and transmitter alerts for calls for help.  St John Medical Alarms will follow up reported errors with the Consumer as required and conduct testing over the phone.  It is the Consumer’s responsibility to follow these instructions and report any errors to St John Medical Alarms.

       4.8    Trouble shooting

If you are experiencing difficulties with your St John Medical Alarm, firstly refer to the instruction and installation manual provided.  If you are still experiencing difficulty please call:

During business hours (Monday to Friday, 7am to 5pm);

St John Medical Alarms Service Department on 1800 266 575

If it is urgent and after hours;

St John Medical Alarm Monitoring Centre 24 hours a day on 1800 104 226.

5.   Where can I use the St John Medical Alarm?

Coverage for the St John Medical Alarm is consistent with the Telstra 3G network cellular coverage.  St John Ambulance Queensland takes no responsibility for cellular network outage or problems with connectivity due to restrictions imposed by network providers (ie. Telstra).  You must always use the St John Medical Alarm lawfully and with the intention of its purpose in accordance with this agreement.  You must not relocate the equipment from your home where it was registered for installation and monitoring without prior notification and approval from St John Medical Alarms.  You must not use the St John Medical Alarm for commercial purposes.  For rental St John Medical Alarms, you must not do anything that is inconsistent with St John Ambulance Queensland Limited ownership of the equipment including selling or sub hiring out the equipment.

6.    Rental Equipment use, loss, defects and repairs

During the term of this agreement where a Subscriber has rented the St John Medical Alarm, the Provider will repair or replace the alarm unit for defects other than where the defect has arisen as a result of failure by the subscriber to comply with consumer obligations.  Any loss or damage incurred by the subscriber is to be paid for in full by the Subscriber in accordance with Fee Schedule at clause 10.  It is the Subscriber’s responsibility to report any loss or damage to St John Medical Alarm equipment within 7 days and to arrange replacement and payment of equipment within 14 days.  Any interruption to service or functionality of the St John Medical Alarm resulting from damage or loss incurred by the Subscriber is not the liability of St John Medical Alarms and service and rental fees during the period of any interrupted service still apply.

7.   Making payments

       7.1       Setup and purchase fees

A St John Medical Alarms consultant will contact you to arrange your purchase or setup fee payment over the phone by credit card once we receive your signed service and/or purchase agreement and registration details.  Pro rata monitoring fees are applicable depending on the date of agreement.  A 10 day grace period (where you will be exempt from paying the monitoring fee) allows for the period of time you may be waiting delivery of your St John Medical Alarm from the date of purchase.

       7.2       How do I pay?

Credit card payment over the phone is the preferred method of payment for the initial setup fee and or purchase of the St John Medical Alarm and accessories.  Direct Debit is the preferred monthly payment format as specified in the Service Agreement for monthly monitoring and rental fees.  No cash or cheque payment is accepted for St John Medical Alarm purchases and monthly payments.  For service providers who manage clients with St John Medical Alarm services, you will be invoiced on the 15th of each month for your client with payment terms as specified on the invoice.

       7.3       Monthly Monitoring and Rental Fees

Direct Debit is the preferred monthly payment format as specified in the Service Agreement which is deducted on the 15th of each month.  Subscribers are asked to have clear funds on the 14th of each month to ensure smooth transactions for this payment.  Payments are made one month in advance for example a payment made on 15th of May is valid until the 15th June.  Pro-rata monitoring fees for setup are calculated up to the 15th, from which then a payment is due on the 15th for the next month in advance.

       7.4       What if I miss my payment?

If your payment is missed due to a change in bank account details or insufficient funds, we will contact you to arrange payment.  It is the responsibility of the Subscriber to ensure bank details for payment are kept up to date and clear funds are available.  If we cannot deduct your payment before the 15th of next month, you will be charged the owing amount from the previous month with the next monthly fee deduction.  In accordance with Schedule 3.7 we are at liberty to cancel your service if any fees remain outstanding for more than 21 days after their due date for payment.

8.    Accessories

Accessories are available to purchase separately including: Extra pendants, pendant chains, non-falls detection pendants, watches and key safes.  Fees are in accordance with Fee Schedule at clause 10.

9.   Privacy and Personal Information

During the course of providing you with the St John Medical Alarm Monitoring Service we may request that you provide:

        Personal information about the Consumer, such as the Consumer name, address, telephone number(s) and the name, address          and telephone numbers(s) of the Consumer emergency contact(s).

        Health information about the Consumer and such medical history and information about current conditions and illnesses                  which the Consumer may have, in order to provide the Consumer with the St John Medical Alarm and monitoring service.

The subscriber acknowledges and agrees that they have the approval from the Emergency Contact(s) to provide their information to St John Medical Alarms as an Emergency Contact for the purpose of benefiting the Consumer.  The Subscriber consents to the Provider disclosing the Consumer’s personal information, health information, or both to:

        The provider’s subcontractor, agent, service providers or related entities

        The Consumer’s emergency contacts

        Medical personnel

        Emergency services

        Any other government agency, department, instrumentality or body, to the extent necessary to provide the Consumer with              the St John Medical Alarm and monitoring services.

The entities will be required to hold any personal information or health information of the subscriber within Australia.  To the  extent that a third party is located or stores information outside the State or Territory in which the information was collected from the subscriber, the subscriber consents to the transfer of personal information and health information to that entity in another state or territory.  The subscriber further consents to the provider transferring personal information and health information to its own offices in the various States and Territories as required for data management and storage convenience.  The subscriber is able to gain access to his or her personal information and health information held by the provider by contacting the provider per Schedule 2.3.  The subscriber is entitled to request that corrections be made to any personal information and health information held by the provider.  The provider’s privacy statement and privacy policy sets out the polices of the provider relating to the collection and use of the subscriber’s personal and health information and is accessible via the St John Ambulance (QLD website www.stjohnqld.com.au or upon request by calling 1300 785 64 (QLD) or 1800 266 575 (interstate).

 

10. Fee Schedule

 

ITEM CODE

 

DESCRIPTION

 

QTY

UNIT PRICE

Ex GST

 

GST

TOTAL PRICE Incl GST

Setup Fee:

Alarm

EVE3G

Retail – EVE 3G Alarm Monitor with 1 x Falls Detector Pendant

1

$749.00

$0.00

$749.00

EVE36RENT

Rental – EVE 3G Alarm Monitor with 1 x Falls Detector Pendant

1

$220.00

$0.00

$220.00

Accessories

EVEPENFD

Retail - Extra Falls Detector Pendant on chain/clip

1

$199.00

$0.00

$199.00

EVEPEND

Retail - Standard Pendant on chain/clip

1

$180.00

$0.00

$180.00

EVEWATCH

Retail - Wrist band

1

$90.00

$0.00

$90.00

EVECHAIN

Retail - Replacement Pendant Chain

1

$20.00

$0.00

$50.00

KEYSAFE

Key Safe – Medical Alarm

1

$31.82

$3.18

$35.00

EVEPENFDRENT

Rental - Extra Falls Detector Pendant on chain/clip

1

$90.00

$0.00

$90.00

EVEPENDRENT

Rental - Standard Pendant on chain/clip

1

$50.00

$0.00

$50.00

Monitoring - Setup

MONPRORATA

Retail – Standard pro-rata monitoring

1

$1/day

$0.00

$1/day

Courier

ZFREIGHT

Courier – Alarm, all areas

1

$13.64

$1.36

$15.00

Monthly Subscription Fee

Monitoring

MONSTD

Retail – Standard monthly monitoring

1

$30.00

$0.00

$30.00

Rental

RENTEVE

Alarm – Standard monthly rental

1

$22.00

$0.00

$22.00

RENTEVEPEN

Additional pendant monthly rental

1

$10.00

$0.00

$10.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. Buy back schedule

St John Ambulance Australia Queensland may offer to buy back the St John Medical Alarm you have purchased depending on its condition for up to $100.00 for units that are less than 12 months old and $50.00 for units that are less than 2 years old.  This amount will be credited to you on conclusion of your service agreement with St John Medical Alarms.

12. Exclusions and Limitations

Certain legislation, such as the Australian Consumer law, imposes certain terms which cannot be excluded by contract.  Nothing in this Agreement excludes or limits the application of any provision of any statute (including Australian Consumer Law) where to do so would contravene that statute or cause any part of this agreement to be void.  To the extent permitted by law, the Provider and the Supplier is not liable to the Subscriber for any loss arising out of or in connection with:

        the Subscribers address not being of a compatible configuration with the St John Medical Alarm cellular network;

        the Subscribers non-compliance to installation and testing instructions as directed by the Provider and Supplier;

        Subscribers breach of this agreement.

To the extent permitted by law, the Subscriber indemnifies the Provider and Supplier against any loss the Provider and Supplier may suffer arising out of or in connection with:

        the Subscribers negligence or breach of the agreement;

        the use of reasonable force to enter the Subscribers premises to render assistance;

As specified, where the Consumer and the Subscriber are not the same person, the term Subscriber includes the Consumer.  The indemnity is a continuing obligation, separate and independent of other obligations of the parties and survives the termination of this agreement.

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