Member Terms Statement
Protect Life, Prevent Harm – Staying safe at home, at work & in the community.
Welcome to MedicAlert Foundation. We exist to help keep you safe when you are most vulnerable and at risk due to an accident or medical emergency.
As a self-governed Incorporated Society of Members, which has operated now for over 60 years in New Zealand, we have an intimate knowledge of what’s needed to act in the best interests of our members. Our practical experience ensures our long-proven and inherently trusted services work. If you are yet to join the Foundation, you are invited to join us and be a part of the amazing organisation we have created.
Accidents and Emergencies are never planned. The following T&Cs provide a list of services and benefits, which we’ve created to keep us safe, if one of us is found and cannot speak, be understood or are unidentifiable. This is most important in the community, when access to hospital or ambulance services may not necessarily be close by, or able to respond as quickly as we may prefer.
A Good Samaritan or work mate could save our life. Then when emergency services or a Health Professional becomes available, we want peace of mind they will treat us safely, so we are not harmed by treatments or drugs we must not have, and we get the treatment we vitally need in a timelier manner. Thousands of Members have attested over the years to how much better they feel, knowing they are a part of such a vital organisation.
The attached terms statement is current at the time it is sent to you but may change from time to time in accordance with the MedicAlert Foundation rules. The terms statement in force is available on our website.
We look forward to hearing from you if you have any questions and supporting you to protect your best interests.
Member Terms Statement for Service Members
Membership with MedicAlert® Foundation - New Zealand Incorporated (the "Foundation") enables its Service Members to benefit from the Foundations Charitable Supplies and Services, including privacy protected online Services and use of its trademark protected and clinically validated Medical Information Devices, to protect my best interests in a Medical Emergency, wherever that may occur across New Zealand or Overseas.
Becoming and remaining a member is subject to my acceptance of the following terms and conditions (the "Member Statement").
Receipt of Payment by the Foundation will be deemed to be acceptance by me of the current Member Statement, which is updated from time to time and accessible24/7 on my online Medical Alerting Clinical Management (MACM) account and the Foundations Website.
I acknowledge and agree that:
1. The Foundation is an Incorporated Society (# 218085) and Charity (# CC25227), with different classes of membership as set out in the registered rules of the Foundation (“Rules”). I am a Service Member under the Rules.
2. I may also send a written request to become an Ordinary Member (as defined in the Rules), if I wish to vote at general meetings of the Foundation or be considered for election to serve on the Foundation’s Board.
The Foundation is owned and operated by its New Zealand Members on a charitable,
not-for-profit basis.
3. The current Society Rules are registered on the Governments Incorporated Societies Register and apply to all members, regardless of when I became a member. The law changes from time to time, it is recommended I check all rules for updates, including this Member Statement annually.
Services:
4. All Service Members contribute to the collective cost of providing the Foundations ongoing services by paying their annual fees.
5. Fast access to otherwise hidden information, saves time and saves lives, payment of my annual Membership Service fee provides me with the following Charitable Supplies, Services and/or benefits:
a. The option to choose a MedicAlert® service supported Medical Information Device (“Medical ID”) at no cost, is available when I enrol for the first time. Reasonably priced alternative, replacement or precious metal custom engraved Medical IDs are also available.
b. I will have online access to my personal Medical Alerting (and Warnings) Clinical Management (“MACM”) Service and/or a health care provider IT vendor portal (“Portal”) for my personal use and protection, all security, privacy protection and Information Technology costs of operating my MACM Account and Service are included in my annual fee; and
c. The MACM Service is being continuously developed and improved for my benefit and that of all other Members, I will be provided with a process in MACM to give feedback.
d. I can access my MACM account using my Health New Zealand ‘My Health Account’ login details, when I go to the MedicAlert® Website www.MedicAlert.nz,
e. to help protect me from Identify Fraud, I will receive a unique MedicAlert® Identification number on my Medical ID, so I can keep my Personal Identity, Health Information, and NHI Number private, while legally accessible when needed, in my best interests, including if I cannot speak, communicate effectively, or be identified,
f. I can log into my MACM account to view my accessible Personal Identifiable Health Information (PIHI),
g. I can communicate with the MedicAlert® Membership Services Team via my MACM account,
h. My MACM Service may automatically and securely acquire and disclose personal health information with other secure health technologies used by Health and Emergency Service Providers, Health New Zealand (formally DHB’s) and the Ministry of Health or Health Practice Management Systems (PMS) where such services are available, digitally connected and data is available,
i. if need be, I or my Health Provider, can send my PIHI to Membership Services to manually enter or upload into my MACM account,
j. I can use the Foundations Free Phone Number 0800 840 111 to contact Membership Services from anywhere in New Zealand,
k. I will receive a MedicAlert® Emergency Medical ID Card, when I enrol, or upon order.
l. The Foundation issues an Annual Review Notice each year, to stay in touch and remind me to check my PIHI in my MACM Account remains accurate, up to date, complete, relevant, and not misleading, as required under Rule 8 of the HIPC. To request changes, I will contact Membership Services or ask my Health Provider to update my Health Information.
m. My Membership and Medical ID are personalised, so cannot be transferred to any other person. I will not attempt to assign, novate, or transfer all or part of my membership, including my MedicAlert® Medical ID to any other person,
n. The Foundations Charitable Supplies and Services are supplied under section 41 of the Consumer GuaranteesAct 1993.
o. If I have information on a National Health Registry which is digitally connected to MACM, I may be able to view this information in my MACM Account,
p. I will be notified when I receive a special benefit or discount offer as part of my Membership, through my MACM account,
q. As a Member of the Society, I can provide consultative feedback on its Constitutional Rules through my MACM Account; and
r. any additional services the Foundation agrees to provide to me (see below), (collectively the “Services”).
6. 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.
7. On my behalf, the Foundation provides me with a 24/7 Stand Ready Emergency Health Information Service, with a 24-hour MedicAlert® Emergency Hotline service, via the Central Emergency Ambulance Communications Centre based in Wellington. EmergencyServices, Ambulance Services, First Aiders, or a Good Samaritan can contact this national service and may be provided information, where deemed appropriate, to protect my best interests, when responding to an accident, medical emergency, or at my request.
Volunteering, Education, Medical Research and Community:
8. I can become a volunteer and actively participate in the Foundations work by contacting the Membership Services Team.
9. The Foundation accepts donations and maintains an Endowment Fund to protect it from economic impacts, large one-off or technology costs, and to help keep annual fees affordable for all members.
10. The Foundation maintains an Education Fund for the purpose of fulfilling its educational, scholarship and health research related charitable objects.
11. The Foundation distributes training and educational material to maintain awareness and build community and health sector knowledge, for the safe use of MedicAlert®’s Services in the best interests of the wider community.
12. 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.
Dr Marion Collins (Founder): “I have saved more lives with MedicAlert, then I will ever save with my scalpel.”
Fees and Annual Reviews
13. My annual fees are due for payment on the first day of my membership rollover month each year, an invoice will be loaded on my MACM account and issued via email in the prior month. If I do not have an email address, it will be posted to me.
14. I, or my Legal Guardian (if I have one), are responsible for paying any and all fees associated with my membership, my purchases, and the services in accordance with the Foundation's Common Service Terms and Conditions.
15. If I have a problem paying my annual fees, I will contact the Membership Services Department to seek late payment without penalty, or other support, which may be available.
16. In accordance with Clause 3l, I will respond 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 up to date, that may impact on the Foundation's ability to provide services to me and possibly the safe and timely provision of health services I receive.
17. My safetyand the safety of all Members is protected by ensuring a high standard ofauditable clinical integrity. To protectthe integrity of all health information, the Foundation requires my HealthInformation that I provide, to be validated by a Registered HealthProfessional.
18. I will be responsible for fees (if any) charged by a health care provider for disclosing my Personal Health Information to the Foundation. 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,
Membership Continuance or Closure
19. Subject to clauses 18to 21, my membership will automatically roll over each year, until I resign, or I pass away, whichever occurs first.
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. I agree due to the health and safety risks which may arise, I must submit a duly completed and signed Formal Resignation Confirmation Form, supplied by the Foundation, to properly document my resignation and cancellation of services. If the Foundation does not receive such, my account and invoicing for annual fees may continue.
21. 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.
22. If my Membership Service Fee Invoices for two consecutive years, remain unpaid, the Foundation may issue a Membership Continuance Notice, and in the absence of a response, payment, or an agreement to help me clear the debt, may close my Membership Account and access to services, without further notice.
23. If I decide to resign or my Membership Account is closed, I am no longer entitled to benefit from the Foundations Services, Intellectual Property, or nationally connected Emergency Identity and Health Information Services, Hotline or Stand Ready Services, or wear and present a MedicAlert Medical ID with a unique MedicAlert Hotline and ID Number, as doing so may mislead first responders and health professionals that I am presenting a current clinically verifiable Medical Information Device, which the ID is no longer, and may put my personal safety at risk.
Legaland Compliance
24. In addition to funding my online MACM Account and Services, as a Member, Membership Service Fees also fund the Foundations daily operations. This includes mandatory annual financial audits and periodic reviews of the constitution, the day-to-day operational costs, community awareness campaigns and providing training materials on an ongoing basis nationally to maintain emergency responder, health professional and wider public awareness, and to ensure safe, clinically validated Medical IDs remain discoverable, recognised, and trusted in emergency situations.
25. 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 and Emergency Service Providers.
26. My guardian, including any welfare guardian, ("Guardian"), my attorney under an ‘Enduring Power of Attorney – Welfare’, or any other person that I approve for this purpose, may access my Personal Health Informationvia my online MACM Service.
27. My use (or any use by my Guardian, attorney or any other person approved by me) of any MACM Service or Portal will be in accordance with the terms stated on the relevant Portal (including any Portal made available by the Foundation)
28. 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.
29. 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; and
30. The Foundation is a Health Information Agency, it is subject to and listed in Schedule 2 of the Health Information Privacy Code 2020.
Definitions
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 5.
§ "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 Defence, Health Practices and Hospital Facilities.
§ "Good Samaritan" means someone who helps another in need.
§ "Personal Health Information" means information about an identifiable individual's health, including medical history, information about health, health and disability services provided to hat individual and information collected in connection with the provision of health services to that individual, by a Health Provider.