Member Terms Statement

Last Updated: 12 Feb 2020

Medical Identification Membership with MedicAlert® Foundation - New Zealand Incorporated (the "Foundation") is conditional on your acceptance of the following terms and conditions (the "Member Statement").

I acknowledge and agree that:

1.       The Foundation is an Incorporated Society (# 218085), with different classes of membership as set out in the registered rules of the Foundation (“Rules”). I am a Medical Identification Member under the Rules.  Under the Rules, Ordinary Members (as defined in the Rules) are entitled to vote at general meetings of the Foundation and may be elected to serve on the Foundation’s Board. If I am interested in becoming an elected Ordinary Member under the Rules, I may notify the Foundation of this for its consideration in accordance with the Rules.

2.       The Rules allow Ordinary Members to change the Rules by resolution from time to time. The latest version of the Rules as registered with the Incorporated Societies Register applies to all classes of members;

3.       As a charitable foundation (# CC25227), the Foundation accepts donations and maintains an Endowment Fund to protect the Foundation from economic impacts, large one off costs and to enable fees to remain affordable. The Foundation also maintains a Scholarship Fund for the purpose of fulfilling its educational and research related Charitable Objects. I am aware that I can donate to these funds to support the operations of the Foundation, or to support other people, who may benefit from membership with the Foundation;

4.       The Foundation develops its own unique software, may provide software as a service and also uses third party software to create and maintain an electronic record (“my File”) containing my Personal Health Information;

5.       The Foundation will provide me with:

a.    the option of a Free genuine MedicAlert® service supported Medical Identification Product (“Medical ID”), when I enrol for the first time;

b.    provision of a unique MedicAlert Identification number to help keep my Personal and Health Information, and NHI Number private, while accessible in my best interests, to enable emergency access to my file;

c.    personal and health information, connected technology based, data acquisition, storage and disclosure services (where available);

d.    personal and health information data entry services, supported by Free Phone (in New Zealand) access to the Foundations Membership Services Department;

e.    a MedicAlert® Digital Emergency Medical Card (subject to activation);

f.    secure personal web-based access to my File, via either a MedicAlert® Portal and/ or a health care provider IT vendor portal or website, such as, for example, ManageMyHealth™ (“Portal”);

g.    the Foundation’s Global Access service for Emergency Service and Health Care Provider use to validate my current Personal Health Information on file with the Foundation; and

h.    any additional services the Foundation agrees to provide to me (see below),  (collectively the “Services”); 

6.       The Foundation also provides me with ongoing 24/7 Stand Ready Services, including a 24-hour MedicAlert® Emergency Hotline service on a nationwide and international basis (for all Medical Identification Members), via the Central Emergency Ambulance Communications Centre based in Wellington, for access to my Personal and Health Information on my file, when required in my best interests, for use in a medical or civil emergency.

7.       The Foundation runs community awareness campaigns and provides training materials on an ongoing basis nationally to maintain wider public awareness and to ensure the Foundation's supported clinically validated Medical ID’s remain discoverable, recognised and trusted in emergency situations;

8.       I have rights under the Code of Health and Disability Services Consumers' Rights ; The Foundations Services are not subject to these Rights, but are intended to assist you to exercise your rights with Health Care Providers.

9.       My guardian (including any welfare guardian) (if I have one) ("Guardian"), 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 the Portal;

10.    My use (or any use by my Guardian, attorney or any other person approved by me) of any Portal will be in accordance with the terms stated on the relevant Portal (including any Portal made available by the Foundation);

11.    The Foundation is a Health Information Agency, it is subject to and listed on Schedule 2 of the Health Information Privacy Code 1994. The Foundation provides its Medical ID’s and Services in accordance with the Health Information Privacy Code 1994. Section 2, Rule 7, states (abridged): A Health Information Agency must take steps, as are reasonable, to ensure my personal health information is “accurate, up to date, complete and not misleading”. I remain personally responsible for keeping and checking my Personal Health Information is compliant with this regulation;

12.    It is considered reasonable I will engage with the Foundation to confirm my information is accurate, up to date, complete and not misleading by responding at least once per year to the Foundations annual review process, issued with my Membership and Service Fee invoice. If I fail to keep my Personal Health Information compliant, that may impact on the Foundation's ability to provide Services to me;

13.    To protect the integrity of the Foundation's services and my personal safety, the Foundation requires my Personal Health Information that I provide, to be independently authenticated by a registered medical professional;

14.    The Foundation will collect, use, retain and disclose my Personal Health Information in accordance with the Foundation’s Privacy Statement , as updated from time to time;

15.    The Foundation may use aggregated personal information or aggregated health information, which is not in a form that allows for the identification of me or any other individual, for research projects or studies of interest to the Foundation or the health care community;

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

17.    Subject to clause 19 , my membership with the Foundation will continue until the Foundation receives my resignation in writing or I die, whichever occurs first;

18.    My annual fees contribute to the costs of running the Foundation and to fulfil its Charitable Objects. I am liable for and will pay any and all fees associated with my membership, my purchases and the Services in accordance with the Foundation's Common Service Terms and Conditions. Annual fees are due for payment on the first day of my membership rollover month,each year;

19.    In the rare and unlikely situation that the Foundation becomes aware that I am in breach of the Rules, the Common Service Terms and Conditions or this Member Statement, it reserves the right to cancel my membership in the best interests of protecting the integrity of its services for all members;

20.    To protect my safety and ongoing trust and confidence in the health system, if I decide to resign my membership, I will comply with the Foundation'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 MedicAlert® Medical ID as it will no longer be service supported and may therefore be considered invalid, and forfeiting any entitlement for Services that remain unused.  I agree that I must submit my resignation in writing to the Foundation;

21.    I will be responsible for fees (if any) charged by a health care provider for disclosing my Personal Health Information to the Foundation;

22.    The Foundation 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.  No other warranties or conditions, whether express or implied, and whether under statute, at common law or otherwise (except any which may not lawfully be excluded) will apply to my membership or the Services supplied to me;

23.    The Consumer Guarantees Act 1993, Part 5, Miscellaneous provisions, Exceptions, Clause 41. (2) apply.

24.    My membership is not transferable to any other person.  I will not attempt to assign, novate or transfer all or part of my membership to any other person; and

In this Member Statement, the following terms shall have the following meanings:

   "24/7 Stand Ready Services" – has the meaning given to that term in clause 6.

   "Charitable Objects" means the objects stated in the Rules, lodged on the Incorporated Societies Website.

   "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, Civil Defense and Hospital Facilities.

   "Global Access Service" means a secure digital technology service for use by pre-approved Emergency Service Providers.

   "Good Samaritan" means someone who helps another in need.

    “IT” means Information Technology.

   "Personal Health Information" means information about identifiable individual's health, including medical history, information about health, health and disability services provided to that individual and information collected in connection with the provision of health services to that individual, by a Health Provider.