Member Terms Statement

Last Revised: April 2013

MedicAlert^® Member Terms Statement

Membership with the MedicAlert^® Foundation - New Zealand Incorporated ("MedicAlert") is conditional on an individual’s acceptance of the following terms and conditions (the "Member Terms Statement").

I acknowledge and agree that:

·      MedicAlert is an agency under the Health Information Privacy Code 1994 because it provides services in respect of health information. MedicAlert will collect, store, use, disclose, and otherwise manage my personal information and health information that I provide to MedicAlert or that MedicAlert collects (together “my Personal Health Information”) in accordance with the Privacy Act 1993, the Health Information Privacy Code 1994 (as amended from time to time) and the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996;

·         MedicAlert will create and maintain an electronic record (“my File”) containing my Personal Health Information;

·         MedicAlert will provide me with: i) a genuine MedicAlert service supported Medical Identification (“Medical ID”), ii) access to the 24-hour MedicAlert Emergency Hotline service; iii) a MedicAlert Emergency Medical Card, iv) secure web-based access to my File, via ManageMyHealth, v) a MedicAlert Global Access service for  Emergency Service and Health Care Provider use to validate your current personal and health information on file with MedicAlert, and vi) any additional services MedicAlert agrees to provide to me (see below) (collectively the “Services”);

·         MedicAlert may contact the health care providers whose names I provide to MedicAlert for the purpose of collecting my Personal Health Information to assist MedicAlert in providing the Services to me;

·         MedicAlert will collect, use and disclose my Personal Health Information for the purposes of providing and administering the Services, including without limitation, disclosing my Personal Health Information to a Good Samaritan, Emergency Service Provider, or "health care provider" (as defined under section 3 of the Health and Disability Commissioner Act 1994) and other health professionals (collectively “Responders”) who contact MedicAlert, and may disclose my Personal Health Information to third party service providers retained by MedicAlert to assist it in administering or providing the Services (including ManageMyHealth), where necessary, for the provision of the Services;

·         MedicAlert or Responders may contact the emergency contacts I have provided for or with information about me in case of an emergency and MedicAlert will accept information about my health from emergency contacts and guardians listed in my File, provided the contacts and guardians know my member number; full name, date of birth, and address, but will not disclose my Personal Health Information to these contacts unless MedicAlert believes they are one of my legal guardians or I have instructed otherwise; I will advise MedicAlert promptly of any error in, or whether any update is required of, my Personal Health Information, MedicAlert product or wallet card;

·         I am entitled to access to, and request the correction of, my Personal Health Information by calling MedicAlert at 0800 840 111, by logging into my ManageMyHealth account, or by writing to Membership Services, Medic Alert Foundation NZ, CBD Towers, Upper Hutt, New Zealand;

·         My guardian (if I have one), my attorney under an ‘Enduring Power of Attorney – Welfare’ (if I have one and the power of attorney applies), or any other person that I approve for this purpose, may access my Personal Health Information via ManageMyHealth;

·         MedicAlert requires any clinical information I provide it to be authenticated by a registered medical professional;

·         MedicAlert will otherwise use and disclose my Personal Health Information in accordance with the MedicAlert Privacy Statement , as updated from time to time;

·         Use of my ManageMyHealth Account will be in accordance with the terms stated on the ManageMyHealth Website;

·         MedicAlert and its officers, directors, employees and representatives will not be liable for any claims, actions, damages, losses or consequences of any kind, whether arising from breach of contract, tort (including negligence) or otherwise, under or in connection with this Member Statement, the Services, my Personal Health Information or my File;

·         MedicAlert may use generalised personal information or health information, which is not in a form that identifies me or any other individual, for research projects or studies of interest to the health care community;

·         Upon my order and receipt of payment by MedicAlert, MedicAlert may provide me with additional services, subject to the specific terms and conditions (if any) applying to those additional services;

·         My Membership of MedicAlert will continue until MedicAlert receives my resignation in writing or I die, whichever occurs first;

·         I am liable for and will pay any and all fees associated with my Membership and the Services on or before the due date for payment of those fees and I agree that if I do not make timely payment of any fees associated with my Membership or the Services or have not over a reasonable period updated my Personal Health Information as held by MedicAlert, MedicAlert may cancel my Membership and/or stop providing me with some or all Services temporarily;

·         All fee payments made to Medicalert are non-refundable and payment of fees will be deemed to be acceptance of MedicAlert’s up to date Terms and Conditions;

·         Fees charged to me will be deemed to be overdue if they remain unpaid as at 5pm on the due date for payment;

·         MedicAlert may engage a debt collection agency to collect unpaid fees charged to me, upon those fees becoming more than one (1) month overdue and I will be liable for any cost associated with recovery of unpaid fees (including court costs).  I agree that a minimum debt collection agency fee may also apply;

·         If I decide to resign my Membership, I will comply with MedicAlert’s formal member resignation and service termination policy, including (but not limited to), within 5 days of the date of my resignation: paying any fees overdue, ceasing to wear a Medical ID, returning Medical IDs to MedicAlert for destruction and disposal and forfeiting any entitlement for Services that remain unused.  I agree that I must submit my resignation in writing to MedicAlert;

·         Upon MedicAlert accepting my resignation MedicAlert shall, to mitigate personal health risks, maintain a minimum cooling off period of 28 days from the date of receipt of my resignation, before removing my Personal Health Information from my File or destroying and disposing of my returned Medical ID’s.  MedicAlert may extend the cooling off period at MedicAlert®’s discretion, if MedicAlert® considers I intend to withdraw my resignation, but am delayed in doing so;

·         Should I decide within the cooling off period to change my mind and continue my Membership, any forfeited Service entitlements will be restored and my Medical ID(s) will be returned subject to all outstanding and applicable fees being received by MedicAlert;

·         I will be responsible for any fees charged by a health care provider for disclosing my Personal Health Information to MedicAlert; and

·         Unless I have indicated otherwise, I agree to receive by e-mail or any other method of communication chosen by MedicAlert, information such as the MedicAlert newsletter and information on charitable works, programs and services that may be of interest to me.

In this Member Terms Statement:

·    "Emergency Service Provider" means all emergency service organisations including(but not limited to) New Zealand Fire Service, ambulance services, Land Search and Rescue, New Zealand Police, Coastguard and Civil Defence.