1.1 The MedicAlert Foundation site at http://www.medicalert.org.au (“the Site”) is a website where people can browse, apply for membership of MedicAlert Foundation and then select and order products from Australia Medic Alert Foundation ACN 050 542 455 (“Foundation”, “us” or “we”).
1.2 Your access to and use of the Site, including the placing of an order for Products through the Site, is governed by these Terms and Conditions.
1.3 In these Terms and Conditions, Member Personal Information and Member Medical Information and any updates of that information are together referred to as “Member Information”.
2. Terms and Conditions for the Use of this Site
2.1 You agree to be bound by, and comply with, these Terms and Conditions, by accessing and/or using the Site.
2.2 You agree to comply with all relevant laws relating to your use of the Site and any order you place through the Site.
2.3 You agree not to use any data listed on the Site except for the purpose of using the Site.
3. Your Account (online only)
3.1 To access and use the full functionality of the Site, you will be required to create a unique user account with an access password ("Account"). You are responsible for maintaining the confidentiality of your Account and associated password, and for restricting access to your computer. You are responsible for all activities that occur on your Account or as a result of the use of your password.
3.2 You must be aged 18 or over to order Products from the Foundation. By submitting an order, you warrant and represent to the Foundation that you are aged 18 years or older.
3.3 The Foundation reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in its sole discretion, at any time and with immediate effect.
4. Applications for Membership
4.1 You must be aged 18 years or over to make an application for membership of the Foundation ("Application").
4.2 If an application for membership of the Foundation is in respect of a person who is under the age of 18, the application must be made and submitted by the parent or guardian of that person.
4.3 It is a requirement for a valid application for membership that you provide all of the Member Information which is requested on the Site.
5. Provision and Use of Member Information
5.1 You acknowledge that the Personal Information and the Medical Information set out in the Application is accurate and complete at the date of making the Application.
5.2 You acknowledge and agree that the Foundation:
a) is entitled to rely on the completeness and accuracy of the Member Information;
b) has no responsibility to verify or authenticate the Member Information;
c) recommends that you obtain authentication of the accuracy of the Medical Information from theapplicant’s authorised healthcare provider; and
d) reserves the right to request you to have the applicant's healthcare provider authenticate the accuracy of the Medical Information at your cost.
5.3 You acknowledge that it is your responsibility:
a) to immediately advise the Foundation of any change in the Member Information;
b) to check the Member Information recorded on the Member emblem/membership card; and
c) to advise the Foundation immediately if you become aware that the Member Information is incomplete or inaccurate whether or not the Member Information has been authenticated by a healthcare provider.
5.4 If the Foundation requests you to obtain authentication of the accuracy of the Member Information from a healthcare provider the Foundation is entitled to rely on the accuracy of the Member Information provided until such authentication is received.
5.5 You acknowledge and agree that the Member Information will be entered into the the Foundation’s database and that the Foundation will not retain a hard copy of the Application submitted.
5.6 You authorise the Foundation to release the Member Information to a healthcare provider or emergency services personnel in a medical or other emergency. The Foundation will use its best endeavours to verify that the person requesting the information is a healthcare provider or emergency services personnel who requires immediate access to the Member Information in circumstances where you (or the Member, if you are applying on behalf of another person) are unable to provide it.
5.7 Without limiting any other provisions of these Terms and Conditions, you release the Foundation from any claim by you or for any liability:
a) for loss or damage sustained by you or any other person, arising directly or indirectly as a result of the provision of the Member Information to any person or organisation, if the Member Information is incomplete or inaccurate or out of date due to any act or omission on your part;
b) if the Member Information is provided to a person or organisation without your consent provided that the Foundation has reasonable grounds for believing that it was in your interest for the Member Information to be released to that person or organisation.
5.8 If you are making an Application as the parent or guardian of the Member, you warrant and represent that you are authorised to complete the Application on behalf of the Member and that the information provided is complete and accurate. You agree to indemnify and keep indemnified the Foundation from and against any cost, claim, loss or damage suffered by the Foundation either directly or indirectly as a result of the breach by you of this warranty.
6. Use of Foundation Products
6.1 The release of the Member Information to a healthcare provider or emergency services personnel in a medical or other emergency depends on the healthcare provider or emergency services personnel being aware of your membership emblem.
6.2 You will find information on the Site about how you should wear or display your membership emblem. It is important that you follow those recommendations. The Foundation devotes considerable effort to promoting awareness amongst healthcare providers and emergency services personnel that in an emergency situation they should check the wrist or neck of a person for evidence of membership of the Foundation. If the membership emblem is not displayed in accordance with the recommendations of the Foundation it will greatly reduce the likelihood that the emblem will come to the attention of a healthcare provider or emergency services personnel in an emergency.
6.3 While the Foundation uses all reasonable endeavours to promote and continue awareness of the Foundation amongst healthcare providers and emergency services personnel it does not warrant that even if a membership emblem is worn in accordance with the recommendations on the Site, it will in every emergency situation be detected by the relevant personnel.
7. Annual Fee for Membership
There is an annual fee payable by you, commencing on the anniversary of the date of your Membership joining date. The Foundation will set the amount of the fee in its discretion, and available payment methods. Each year you will receive an annual fee reminder setting out the amount payable by you to maintain your Membership, the payment methods available, and a copy of your Medical Information held on file. This is the time to review all of your details for accuracy and inform the Foundation of any changes required. The Terms and Conditions attaching to Membership of the Foundation and/or use of the Site may be changed by the Foundation without notice, and such amendments will be effective from the date specified by the Foundation. Submission of an application for Membership, and payment of your annual fee, is acceptance of these Terms and Conditions as varied from time to time.
8. Placing an order for Products
8.1 You may order Products by submitting your order in accordance with these Terms and Conditions.
8.2 Any order placed for a Product (whether through this Site, by placing a telephone order or returning a completed order form) is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order, which can be accepted or rejected by the Foundation as specified in Section 9 below. Orders will not be processed and accepted by the Foundation unless and until payment is received in full.
8.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed.
8.4 You agree to provide us with current, complete and accurate details in connection with each order you submit.
9. Acceptance or rejection of an order
9.1 We will accept or reject orders in our discretion. If we accept an order, this results in a separate binding agreement between you and the Foundation for the supply of those Products requested in your order, on these Terms and Conditions to the exclusion of all others. For each order accepted by us, we will:
a) supply the Products to you in accordance with these Terms and Conditions; and
b) for orders placed via the Site, we will send you an automated email confirmation of that order – though with the nature of the internet we cannot guarantee that you will receive this. Please add the Foundation email address (email@example.com) in your contact address book to ensure emails are not sent to your junk email folder, or blocked by your fire wall or other security settings.
9.2 In certain circumstances, the Foundation may reject your order. Rejection of an order is in the Foundation's absolute discretion, for reasons including but not limited to the Product not being available or if there is an error in the price or the Product description posted on the Site.
9.3 If we are unable to accept an order, then we will endeavour to notify you of that at the time you place the order or within a reasonable time afterwards. We may in our discretion invite you to submit an order for an alternative Product, in which case clauses 8 and 9 will apply to your new order.
10. Delivery of Products
We deliver Products Australia-wide using Australia Post's standard delivery services (unless specified otherwise). Products valued over $160 are generally sent via Australia Post's registered post service (some exclusions apply). Please allow approximately 10 working days for delivery using Australia Post's standard delivery services. Other timeframes for delivery will apply if delivery method is different. We only deliver Products ordered on the Site to addresses in Australia. If you require delivery to an international address, please contact us to arrange this.
11. Cancelling an order
11.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time prior to delivery of Products to you if:
a) the Products are not available; or
b) there is an error in the price or the product description for the Product; or
c) that we reasonably believe your order has been placed in breach of these Terms and Conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, provide you with a suitable alternative Product, and will not charge you for the cancelled order (and will refund any payment you have made to us).
11.2 Subject to clause 11.3, you may cancel an order by contacting Membership Services during Business Hours within 24 hours of placing your order. Upon cancelling the order, the Foundation will refund your payment either to your original payment method or through an alternative means selected by us, less an administration fee of $20.00. You cannot otherwise cancel an order.
11.3 Orders for customised Products cannot be cancelled by you once the Product is in the manufacturing stage.
12. Refunds / Returns
12.1 Please choose carefully as the Foundation does not offer refunds for products as they are customised to individual requirements, unless there is a valid claim under the Product Warranty.
12.2 If the Products supplied are defective in breach of the warranty set out in clause 13 below we will offer you an exchange, credit or refund, as per the Product Warranty terms.
12.3 Memberships are non transferable.
13. Product Warranty and Valuations
13.1 We provide the warranty set out in Annexure A in respect of our Products ("Product Warranty").
13.2 The Foundation will provide one free valuation for each 9ct Gold Product purchased. No copies of valuation certificates will be kept by the Foundation.
14. Product pricing, fees and charges
14.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these Terms and Conditions.
14.2 All fees and charges identified in these Terms and Conditions and all prices for the Products include GST where applicable.
14.3 The purchase price of each Product is shown on the Site and the order form at the time you place your order.
14.4 A small fee may be applicable for any alterations or adjustments required to products.
14.5 Prices for Products, services, fees and charges may change without notice. Subject to these Terms and Conditions, once we have accepted your order, we will not change any prices that apply to the purchase in that order.
15. Payment methods for Products
15.1 The Foundation accepts Visa, Mastercard, cheque or money order as forms of payment, and is entitled from time to time to change or add to these accepted payment methods. A receipt is available on request.
15.2 If we are unable to successfully process the payment for your order, then we cannot process or accept your order. We will endeavour to contact you to make alternative arrangements.
15.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
15.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
16.1 We may immediately suspend, terminate or limit your Account and/or access to and use of the Site if you breach these Terms and Conditions and
a) the breach cannot be remedied; or
b) you fail to remedy the breach within 10 days of our notice to you of that breach.
16.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and offer an alternative or refund for all valid payments received by us for those Products.
17. Changes to the Terms and Conditions
17.1 These Terms may change without notice therefore we recommend that you read the Terms and Conditions carefully before agreeing to them for any Product orders.
17.2 Notwithstanding our right to change these terms without notice, the Terms and Conditions that will apply to an order are the Terms and Conditions that applied at the time you placed your order.
18.2 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site;
b) with, to and from third parties who provide services to us. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions; and
c) for other purposes to which you consent to (either express or inferred consent).
18.3 Without limiting clause 18.2, you consent to the Foundation:
a)providing your Member Information to Medic Alert Foundation International; and
b) using your Member Information for the purpose of sending you promotional and health related material.
18.4 You may access your personal information by contacting us.
Our SSL security system ensures your credit card and contact details are safe and secure. All data is secured by 128 Bit SSL.
These Terms and Conditions are governed by the laws of South Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State.
21. Risk and Title
21.1Title to Product passes to you only when payment in full is received by the Foundation. You must, if required by the Foundation at any time until title has passed to you, return the Products to the Foundation immediately, at your sole cost and expense.
21.2 Risk in Products passes to you at the time of shipment of your order for delivery to you at your nominated delivery address specified in your Order.
22. Disclaimer and Release
22.1 Except as expressly provided for herein, or as required by any applicable law, the Foundation makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or Products included or referred to on the Site or as to availability, functionality or performance of any Products. However, the Foundation does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the Competition and Consumer Act 2010 (Cth) and its Schedules and Regulations) where to do so would contravene that statute, legislation or regulation or cause any part of this clause to be void and nothing in these Terms and Conditions is to be interpreted as doing so.
22.2 Subject always to clause 13, to the extent permitted by law the Foundation excludes from these Terms and Conditions:
a) all conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-excludable Condition);
b) all liability to you for consequential or indirect damages arising out of or in connection with these Terms and Conditions even if The Foundation knew they were possible, or they were otherwise reasonably foreseeable; and
c) all liability to you in negligence for acts or omissions of the Foundation, its employees, agents and contractors arising out of or in connection with these Terms and Conditions.
22.3 To the extent permitted by law, the Foundation will not be liable or otherwise responsible for any loss, accident, damage or injury arising in connection with the Products, or any discrepancies in the Medical Information, whether or not caused by a defect or fault in the Products or due to the Foundation's negligence. You unconditionally free, release and discharge the Foundation and its officers, agents, contractors and employees from any claim or cause of action arising in connection with the use of the Products, the Member Information or the Site by You, to the fullest extent permitted by applicable law.
22.4 To the extent permitted by law, the Foundation’s liability to You for breach of any Non-excludable Condition which is applicable is limited to any one of, at the Foundation’s option:
(a) in the case of goods, including Products - repairing or replacing the goods in respect of which the breach occurred, supplying equivalent goods, payment of the cost of replacing the goods or acquiring equivalent products, or payment of the cost of having the goods repaired; and
(b) in the case of services - the supply of the services again, or payment of the cost of having the services supplied again.
22.5 You use this Site is at your own risk. The Foundation does not accept responsibility for any loss or damage howsoever caused, whether through negligence or otherwise which you may directly or indirectly suffer in connection with the use of this Site, or the Products or the Member Information, nor does the Foundation accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
22.6 Given the nature of the internet, the Foundation cannot guarantee that the Site is free from viruses or other conditions which could damage or interfere with your computer systems and the Foundation does not warrant that your access to the Site will be uninterrupted, error free or that any defects will be corrected. You access the Site at your own risk and must ensure that you have in place your own precautions so that the accessing of this Site does not expose you to the risk of viruses or other forms of interference which may damage your own computer system.
23. Other Businesses
There are links on the Site which direct you to a third party website owned and operated by another organisation other than the Foundation. The terms and conditions of those sites are separate to these Terms and Conditions, and individual to the site that you are visiting and should be reviewed by you and agreed upon as required. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites even though there may be a link to the site on the Site. Any link does not constitute our endorsement or approval of the contents of those websites, and the Foundation does not assume any responsibility or liability for the actions, product, and content of such sites or their third party operators.
Capitalised Terms used are defined in these Terms and Conditions. In these terms:
- Account means your login access to the Members Area on the website.
- Application means an application for Membership.
- Business Hours means 9am to 5pm Monday to Friday (CST).
- Delivery Address means the address specified by you during the customer registration process or listed in an Order for the delivery of products that we will supply to you under these Terms and Conditions.
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Membership means your membership of the Foundation.
- Product means each good or service that is advertised.
Version 4.0 | Date: 19/03/2013