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.