These Terms and Conditions, along with the ‘Service Commencement Confirmation’ constitute an Agreement between Peninsula Health ABN 52 892 860 159 trading as Mepacs (‘we’, ‘us’); and the client named in the Service Commencement Confirmation (‘you’).
2. Definitions in this Agreement
- ‘Alarm Unit’ means the alarm unit installed at the Premises under this Agreement and connected to the System through the Mobile Network.
- ‘Service Commencement Confirmation’ means the service confirmation letter you receive prior to alarm unit installation, detailing the MePACS service you have requested in the Application Process.
- ‘Application Process’ means the information you provided to a MePACS consultant at the time of your request for the MePACS service and includes all the information provided to us as part of your request for services.
- ‘Nominate Contact Person’ means a contact person(s) you have nominated during the application process ‘Daily Call’ means the process set out in clause 7
- ‘Equipment’ means an alarm unit and pendant
- ‘Fees’ has the meaning it has in clause 11
- ‘Manual’ means the MePACS Alarm Service User Manual
- ‘Premises’ means the premises at your residential address as specified in the Service Commencement Confirmation
- ‘Service’ means the personal alarm service provided in accordance with this Agreement, and
- ‘Service’ means the personal alarm service provided in accordance with this Agreement, and
- ‘System’ means the system by which we provide the Service
3. Operation of the Agreement
This Agreement begins when we issue you a Service Commencement Confirmation and continues until it ends in accordance with these Terms and Conditions.
After this Agreement begins, we will:
(a) provide the Home and Mobile Equipment
(b) install the Equipment at the Premises if chosen the professional installation option, and test the Equipment upon installation.
(c) the MePACS Mobile Alarm is purchased outright and own by you
You will be given a Manual and instruct for use for the Equipment at the time of installation. You must do everything necessary to install the Equipment, including obtaining the permission of the owner of the Premises for the installation.
5. Monitoring – what we will do
After the Equipment is installed, we will monitor the Alarm Unit 24 hours a day, every day of the year, during this Agreement.
6. When the Alarm Unit is activated
If the Alarm Unit is activated, we will attempt to speak to you through the Alarm Unit when you are at home and Mobile unit when you are out of the home, and contact the relevant party (i.e. nominated contact, ambulance or other emergency service) as required.
If we speak to you, we will ask you why the alarm was activated and:
a) call an ambulance or other emergency service to attend at the Premises
b) call one or more Nominated Contact Persons, or
c) take no further action, as we consider reasonably appropriate.
If we do not speak to you, we will make one telephone call to each of your Nominated Contact persons until:
(d) we speak to a Nominated Contact Person; or
(e) all Nominated Contact Persons have been called without success.
If we do not succeed in speaking to a Nominated Contact Person, we will call an ambulance or other emergency service to attend at the Premises. We may do anything else we consider reasonably necessary if the Alarm Unit is activated.
7. MePACS Mobile Alarm
The MePACS mobile alarm relies on the Telstra Mobile Phone Network, which does have extensive coverage in Australia, however in some areas where there is no coverage like underground car parks, mountainous and rural areas, there may be black spots and the MePACS Mobile alarm will not work.
The GPS locator in the Mobile Alarm uses the GPS network and is accurate outside within a 10 metre radius.
When you receive your alarm, you must charge it up overnight and then test the alarm outside your house and in the normal places you go.
If for some reason the MePACS Mobile Alarm does not work in your area you have a 14 day money back guarantee – as long as it is returned in the original packaging undamaged.
You must agree to have both the home and mobile MePACS Personal Alarm as the Mobile alarm service can not be offered on it’s own.
When you are at home you must wear your home pendant at all times and when you are out of the house take the MePACS Mobile Alarm with you. If you are out and need assistance please press the help button on the mobile alarm. Please make sure the mobile alarm is on your person, i.e around your neck, clipped to your pants or in a pocket. If you are at home and need assistance press the home pendant.
If we are concerned about your welfare we may need to dial into the mobile alarm to check on you, however we will not give out your location to anyone except the police.
If the mobile alarm is activated you need to be able to communicate with the MePACS Team to advise of your location.
If the mobile alarm shows it has a low battery – we will contact you to advise you to put it on charge. If the battery is low or out of power, it will not work, so it’s important to charge it when you are at home.
8. Daily Call service
This section applies only if the client has a Daily Call service.
If the daily call button on the Alarm Unit has not been activated between 6.00 am and 11.00 am on any given day, we will attempt to call you on the telephone.
If we speak to you, we will ask you why the daily call button was not activated and
- a) call an ambulance or other emergency service to attend at the Premises
- b) call one or more Nominated Contact Persons, or
- c) take no further action, as we consider reasonably appropriate.
If we do not speak to you, we will make one telephone call to each of the Nominated Contact Persons on the telephone until:
(f) we speak to a Nominated Contact Person
(g) all Nominated Contact Persons have been called without success, or
(h) it is 4.00 pm.
If we do not succeed in speaking to a Nominated Contact Person before 4.00 pm, we will request the police to undertake a welfare check on you at the Premises.
We may do anything else we consider reasonably necessary if the daily call button on the Alarm Unit has not been activated between 6.00 am and 11.00 am on a day.
The Home Equipment remains the property of MePACS at all times but you purchase the Mobile equipment outright.
- a) take reasonable care of the Equipment
- b) tell us immediately if the Equipment (or any part of it) is lost, stolen or damaged, and
- c) ensure that the Equipment is not repaired, removed or otherwise interfered with unless we give our permission.
We may, in our discretion, charge you for replacing Equipment that is lost or stolen.
10. Maintenance of the Equipment
You must inform us immediately if the Home Equipment requires repair. If this is required, we may arrange for a person to attend at the Premises to repair the Home Equipment.
We will endeavour to have major repairs completed within one working day and minor repairs within three working days.
You must pay for repairs other than those required in the course of normal use of the Equipment.
11. Other requirements
In addition to the other things you must do under this Agreement, you must:
(a) ensure that we (and any person we nominate) have access to the Premises for the purposes of alarm installation or repair if we give you reasonable notice
(b) use the Service in accordance with the Manual
(c) perform all Equipment tests required by the Manual
(d) tell us as soon as possible if any of the information in the Application Form changes, including nominated contact detail and medical details
(e) give us any information we reasonably require concerning the Equipment or your suitability to use the Service
(f) carry out any works necessary for installation of the Equipment, and
(g) pay any fees incurred for attendance of an ambulance or other emergency service at your premises.
The Fees you must pay under this Agreement are specified in Service Commencement Confirmation and elsewhere in these Terms and Conditions. The Fees you must pay may include fees for:
(j) monthly monitoring with or without a daily call (if applicable), and
(k) any other fee, payment or cost referred to in the Service Commencement Confirmation or elsewhere in these Terms and Conditions.
We may change the Fees for monthly monitoring by giving you one month’s notice of the change.
Monitoring fees are payable in advance. After this Agreement ends, we:
(l) deduct any outstanding amounts payable under this Agreement from Fees already paid, and
(m) from any remaining amount, refund monthly monitoring fees paid for the period after this Agreement ends.
13. Payment of fees
You must pay the Fees (including applicable GST):
(a) on the day specified in the Service Commencement Confirmation, or
(b) if no day is specified in the Service Commencement Confirmation, within 30 days after receiving an invoice from us.
14.When we can end this Agreement
We can end this Agreement:
(a) by giving you one month’s notice at any time
(b) immediately by notice if you do not pay a Fee when due
(c) immediately by notice if you fail to do anything else required by this Agreement and don’t do it within 14 days after we ask you to, or
(d) immediately by notice if your use of the Service interferes in any way with our ability to provide a personal monitoring service to others.
15. When you can end this Agreement
You can end this Agreement:
(a) by giving us one month’s notice at any time, or
(b) immediately by notice if we fail to do anything required by this agreement and don’t do it within 14 days after you ask us to.
16. Return of the Equipment
When this Agreement ends, you must return the Home Equipment within seven days. If you do not return the Home Equipment within seven days, you become liable immediately for our costs in replacing that Equipment.
We are not liable for:
(a) the acts or omissions of a Nominated Contact Person, ambulance, police or other emergency service
(b) the operation or failure of the mobile network. And you release us from all liability arising from such a cause. If something happens that is beyond our reasonable control and, as a result, we cannot comply with our obligations under this Agreement; we are not liable for failing to comply with those obligations.
18. Contact details
We may contact you at your address as specified in the Service Commencement Confirmation.
You may contact us:
- By phone: Free call 1800 451 300
- By mail: PO Box 52, Frankston VIC 3199
- By fax: 03 9788 1852
- By email:firstname.lastname@example.org
- Online: https://mepacs.com.au/
19. Variation to this Agreement
We can vary this Agreement by giving you at least one month’s notice of the variation.
You may not assign your rights under this Agreement without our consent.
21. Entire agreement
This Agreement contains the entire agreement between the parties in relation to the Services.
22. Governing law
(a) This Agreement is governed by the law of Victoria
(b) Any legal proceedings in relation to this Agreement must be brought in a Victorian Court.