Policies, Information, Terms & Conditions

We value your privacy.  Your information is safe with us.

MEDICALL AND ITS RELATED BODIES CORPORATE (OUR, US, WE) RESPECT YOUR RIGHT TO PRIVACY.
We are sensitive to the concerns that our clients, customers and online users may have with regard to the confidentiality, security and use of their personal information. Medicall is committed to the protection of your personal information and would like to reassure you of our position on this matter.  Medicall has developed this Privacy Policy in line with the ‘Australian Privacy Principles’ (APPs) as established under the Privacy Act 1988 (Cth).

The purpose of this Privacy Policy is to tell you what type of information we collect, how we may use that information, whether we disclose it to anyone, the opportunities you have to access and correct the information we hold, and how you may make a complaint about a breach of the APPs.

We encourage you to check this policy regularly as this policy may change from time to time. If you have any suggestions or concerns that are not addressed in this policy, please contact us. Please take some time to read through this policy and understand our position on privacy before you provide us with any personal information.

OUR COMMITMENT TO PRIVACY
Aside from the contents of this policy, the conduct of Medicall is governed by the Privacy Act 1988 (Cth) and in particular the APPs.

PERSONAL INFORMATION WE MAY COLLECT
Medicall will only collect personal information about you if it is reasonably necessary for our functions and activities.  When submitting information to us, we may collect details such as your name, email, address and phone number which may personally identify you. Some of this information is essential for us to be able to identify accurately who is using our services so that we may be able to respond to your requests and, as such, is indicated by mandatory fields. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). When submitting a form, you will also be prompted if any mandatory data has not been completed. Other types of information are collected to help us provide better services. Information of this type is optional – you need only fill it in if you wish to do so.

YOU MAY BE ASKED TO PROVIDE MEDICALL WITH PERSONAL INFORMATION WHEN YOU:
- Register with one of our websites;
- Send us your comments, suggestions or other information;
- Report a technical problem;
- Request sales and advertising information;
- Subscribe to a newsletter;
- Enter a competition, promotion or event; or
- Order products or services using our website (or otherwise).

We also collect personal information in the normal course of business through meetings, phone calls, letters, and emails, as well as via third party credit agencies, mailing lists, advertisers, commercial agreements, documents and dealings.  All this information is subject to the APPs.

IN ADDITION, WE MAY ALSO COLLECT INFORMATION ABOUT YOU IF YOU:
-post comments or submit content which is publicly available which contains information about you
– this may include information such as your name, user name, likes, tweets, status, profile information and pictures; and

When you engage in the activities described above, you are authorising us to collect, store, use and disclose such information and content in accordance with this policy.

Medicall will not collect sensitive information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or sexual activity or orientation. However if we do collect sensitive information we will do so in compliance with the APPs.

You have the option of not identifying yourself or dealing with us using a pseudonym in relation to particular matters. We will endeavour to make it clear where you may withhold your name or use a pseudonym.

NON-PERSONAL INFORMATION WE MAY COLLECT
Medicall may also collect non-personal information, such as your IP address or your browsing patterns, by using cookies on its websites. Cookies do not personally identify you, but assign a unique number to the visitor to track user navigation and customise site information to further improve the user experience on an aggregate and anonymous basis. Cookies can make using Medicall's website easier and better – for example by storing information about your preferences on a website. The use of cookies is an industry standard and you’ll find most major websites use them. One way to prevent the use of cookies is to activate the facility which is available in most web browsers that enables the user to deny or accept cookies.

HOW WE USE YOUR INFORMATION
If we hold personal information about you that was collected for a particular purpose, we will not use or disclose it for another purpose unless:

(a) you consent;
(b) you would reasonably expect us to use or disclose it for that other purpose; or (c) it is required or authorised by law or a court/tribunal order.

Medicall generally uses personal information, and you consent to us using your personal information, to:

- provide you with products or services you have requested;
- provide you with relevant advertising and promotional material;
- conduct promotions or competitions, including Joint Activities;
- help Medicall manage and enhance its services and websites;
- communicate with you; or
- send you ongoing information and promotional material about opportunities, services and products (relating to our business or a third party business) in which Medicall believes you may be interested.

We may also share your personal information with our Related Companies, Partners and others, as referred to below.

The information and feedback you provide through our websites may be used to identify ways of improving the websites and how we can make them more effective for your use.

OPTING IN OR OUT AND UNSUBSCRIBING
At the time we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information, other than in accordance with this policy or any applicable law. For example, you may be asked to “opt-in” to receive further information or communications from us, our Related Companies or our Partners, as referred to below.

You will be given the opportunity to “opt out” or unsubscribe from receiving communications from us, our Related Companies or our Partners in accordance with this policy.  Alternatively, you may contact us at the address below to “opt out” of, or unsubscribe from, any future communications.

Medicall will use reasonable endeavours to comply as quickly as possible with that request, and in any event, within five business days.

If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.

DISCLOSURE OF YOUR PERSONAL INFORMATION
You consent to Medicall disclosing your personal information to the authorised personnel of Medicall and to:

- our Related Companies;
- our Partners;
- third parties which we engage with in Joint Activities;
- credit reporting agencies; or
- parties involved in a business sale or restructure,
- as referred to further below.

RELATED COMPANIES
You acknowledge and agree that we may collect and share personal information about you with related bodies corporate, joint venture partners and affiliated companies and businesses (Related Companies) so we can provide you with the products and services you request and bring you information about products and services we offer. We will inform our Related Companies that information shared with them must be collected, used, disclosed and stored in accordance with this policy.

PARTNERS
In some cases, we contract with other companies or individuals to work with us or provide goods or services for us (Partners) including business partners, distributors, suppliers and advertisers.  

Examples of the goods and services our Partners may provide are electronic communications, data storage, deliveries, direct marketing services, market research, prizes, advertising, public relations, debt collection, legal advice, accounting and audits. We provide our Partners only with such information about you as they need to provide their goods or perform their services and we impose strict requirements of security and confidentiality on them in how they handle your personal information. We make it clear that our Partners are not permitted to use your personal information other than as permitted under this policy.

Related Companies and Partners may be located in Australia and/or overseas countries, including New Zealand, Hong Kong, Ireland, China and the United States of America. You hereby consent to the disclosure of your personal information to such Related Companies and Partners overseas (as referred to above) and you acknowledge that as a result of your consent to such disclosure, clause 8.1 of the APPs does not apply.

JOINT ACTIVITIES
We may jointly conduct activities, such as competitions and other promotions, with sponsors, prize providers and other third parties (Joint Activities). We may share personal information you submit in connection with the Joint Activities with the third parties involved and you consent to us doing so. Information shared with such third parties will be collected, used, disclosed and stored in accordance with the third parties’ privacy policy. Terms and conditions for Joint Activities will inform you that your information is being shared and the terms upon which it may be used by the third party.

CREDIT REPORTING
Credit information about you may be obtained from and provided to credit reporting agencies in accordance with applicable legislation.
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SALE OF BUSINESS
If we sell all or part of our business, merge with another company or business, or restructure our business, we may transfer or disclose your personal information to the parties involved in the transaction.

ACCESS AND CORRECTION
Medicall will take reasonable steps to ensure your personal information is accurate, up to date and complete.

‍Access
Where Medicall holds personal information about you, we will provide you with access to the information on request within a reasonable time. There are some exceptions to this where we may refuse to give you access and these are set out in clause 12.3 of the APPs.  In that case, where required, we will give you written notice setting out the reasons for our refusal and the mechanisms available if you wish to complain about our refusal.We will also give you access to the information in the particular manner you request if it is reasonable and practicable to do so. If we do not give you access in the manner requested, we will take reasonable steps to give you access in a way which meets both your needs and ours. We may also impose a reasonable charge for giving you access to your personal information.

‍Correction
If Medicall is satisfied that your personal information is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct your personal information. In addition, if you request us to correct your personal information, we will take reasonable steps to do so within a reasonable time. If you request it, we will also take reasonable steps to notify any other Related Companies or Partners of the changes if we have previously provided your personal information to that entity. There is no fee for correcting your personal information. We may require you to provide particulars of your identity before providing you with access to, or making changes to, your personal information.

SECURITY
Medicall will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access and modification or disclosure.  Any personal information that we receive is securely stored and access is restricted to authorised personnel of Medicall, its Related Companies and Partners, as described above. Please contact us immediately at the address listed below if you become aware of any unauthorised use of your personal information.

THIRD PARTY WEBSITES
You may follow links on our websites to other third party websites (Other Sites).  We encourage you to always read the privacy policies on those Other Sites as they may also collect your personal information. Medicall is not responsible for the information on, and the contents of, those Other Sites or their practices or policies.

CONTACT US
If you:
(a) have any questions or comments on this policy;
(b) would like to access or correct your personal information;
(c) would like a hard copy of this policy;
(d) would like to know how we received your personal information; or
(d) would like to make a complaint about a breach of the APPs or the use or disclosure of your personal information, then please contact Medicall's Privacy Officer at:

Privacy Officer
Medicall
1800 59 22 32
PO Box 3442, Nerang DC  QLD 4211
info@medicallhealth.com.au
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‍Medicall takes complaints about breaches of the APPs seriously and will investigate any complaint we receive and respond to you as soon as reasonably practicable.

COVERAGE ISSUES
Please test the system within 14 days to ensure that there is adequate mobile signal reception and connectivity. If your mobile phone has reception issues then the Medicall alert system may also experience problems. Please call the help line to discuss any issue and possible alternate solutions.

If after investigating we find the coverage is inadequate and we cannot provide an alternate SIM card and network provider, upon the device being returned we will refund the purchase.

CANCELLATION FEE
In the event of a cancellation of the order prior to processing, you will be fully refunded less any credit card or transaction fees. If you cancel prior to dispatching your order, we reserve the right to retain a small processing fee to recover the costs of setup and programming of $50.

Medicall Health Australia will send your goods Express Post via Australia Post which takes 3 to 5 business days to deliver to most parts of Australia.

We endeavour to send every order the next business day after we have received the complete information from you in order to program the system.

After ordering online, you will receive an email confirmation containing your order details (if you have provided your email address). This will typically arrive within a few minutes of ordering. A tracking number will be supplied via email upon dispatch of your system. If no-one is at the delivery address at the time a card will be left in the letterbox. The parcel will be then made available for collection at the local post office.

If you wish to query a delivery please contact us at: info@medicallhealth.com.au

CONNECTIVITY
You are connected to Australia’s largest mobile network, your safeTwear 4G Enabled Alert Pendant accesses the Telstra 4G network. If you have mobile phone signal reception in your area, then safeTwear will work for you.

Your device arrives with the SIM card included and activated, ready to use straight out of the box.

COMPLETING THE CLIENT EMERGENCY INFORMATION FORM
Please ensure you have completed the Client Emergency Contact Information form.

The information provided via this form relates to the users contact details, medical and special requirements as well as parties to contact during an emergency. Failing to complete this form may inhibit our teams ability to respond to you during an emergency.

Please click here to complete your form: https://forms.gle/mg4Kh3JdEbSiEMML7

‍EXCESSIVE USAGE
If it becomes apparent that how you use the alarm is causing higher than planned charges, we will contact you to offer a different plan or to transfer the account into your name so you can manage the costs of your alarm.

Medicall Health Australia safeTwear medical alert device comes with a standard 12 month warranty from date of purchase.

If the device has a manufacturing defect causing it to fail within the first 12 months of purchase, we will replace it free of charge including shipping.

TROUBLESHOOTING PROCEDURE
If your safeTwear device has stopped working please call 1800 59 22 32 to speak with a technical officer who will help you determine the cause of the problem and fix it if possible.

HOW TO CLAIM AGAINST YOUR WARRANTY
If after a technical consultation the device is still not working, the technical officer will either authorise for a new device to be mailed immediately or you may be asked to return the device for a warranty claim assessment, depending on the nature of the fault.

Please be aware your warranty can become void if any of the following have occurred:
1. The device case has been opened or been tampered with.
2. The device has been modified or not used in accordance with the instructions supplied.
3. The device has been dropped or suffered damage from physical impact.
4. The device has been damaged by a fire or has been damaged by being exposed to excessive heat from direct sunlight or other sources.
5. The device has been used with an incorrect power adaptor.
6. The device has been subject to an incorrect voltage due to lightning or a power surge.
7. The device has been subject to a heat or contaminated liquid, causing a failure.
8. The device has been submerged in water (i.e. pool, washing machine etc).

YOUR GUARANTEE UNDER AUSTRALIAN CONSUMER LAW
‍Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with the service, you are entitled:
– to cancel your service contract with us; and
– to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

FAIR USE POLICY
Medicall Health Australia has adopted this Fair Use Policy to prevent unreasonable or excessive usage of our Services.
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This Fair Use Policy applies in relation to the use of the medical alert system and pendant, provided by Medicall Health Australia.

Medicall Health Australia may update the terms of this Fair Use Policy from time to time.

PROHIBITED USE
The SIM must only be used in the medical alert system and pendant supplied by Medicall Health Australia.

The SIM must only be used for emergencies and not for general calls.

You must not use or allow any person to use a Service in a way that Medicall Health Australia reasonably considers to be:
- a breach of any law, code or regulatory standard;
- a breach of the Terms and Conditions (see above and over)
- Likely to disrupt the provision of Services to other customers

OTHERWISE UNREASONABLE OR EXCESSIVE BREACH OF FAIR USE POLICY
Where Medicall Health Australia, in its sole discretion, considers that you have breached this Fair Use Policy, Medicall Health Australia will notify you of the breach and ask you to stop any prohibited activity.

If, after being contacted as above, you continue to be in breach of this Fair Use Policy, Medicall Health Australia may without further notice:
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- Limit, suspend or terminate a Service in accordance with our rights under the Terms and Conditions;
- and/or Report your conduct to any relevant law enforcement or regulatory authority.

The SIM card remains the property of Medicall Health Australia.

CONTACT DETAILS FOR TECHNICAL SUPPORT
Email: info@medicallhealth.com.au
‍Phone: 1800 59 22 32

Medicall Health Australia and any trademarks, businesses and representatives state the following.

‍This company will endeavour to ensure all of the information is updated and correct on this website. It is not however liable for any incorrect information, typos and should not be used for or taken as medical advice.

MEDICAL ADVICE
Any information found on this website is a guide only and should not be considered medical advice. You should consult a doctor or medical professional prior to accepting any claims made on this website or by Medicall Health Australia representatives.

MEDICAL EQUIPMENT
Any equipment sold by Medicall Health Australia is sold to assist a user in their day to day life. It is not intended to replace actual medical machines, cure medical issues (including psychological) or replace actual emergency assistance.
The user is responsible for the up-keep of the device to ensure it remains in working condition.

SIGNAL AND SERVICE
Medicall Health Australia systems use the Telstra mobile network, the customer understands and agrees that Medicall Health Australia cannot be held responsible for any network outages that may affect a failed alarm or in the instance that Telstra makes future changes to their network that renders the system incompatible, this is not covered by warranty.

‍Please note: Telstra is the first choice, other carriers may be used in circumstances where their network coverage is deemed more suitable and the same conditions apply to all mobile carriers.

The 4G or GPS function on any device is limited. A pendant may not work everywhere, it is limited by the telephone networks coverage. GPS signal on any device works within 5m of the user. However, Medicall Health Australia can not guarantee the GPS signal to work 100% of the time. 4G signal is dependent on network coverage and the provider SIM card.

Medicall Health Australia is not liable in any way for this device’s failure to work under any circumstances or any means.

Medicall Health Australia is not liable for accident, injury, death, damage or other from this device to a person, animal or public and private property.

PRODUCT USE
All medical alarms are only intended to assist the user in an emergency situation, making contact to the programmed contacts. Medicall Health Australia and its associated persons are not liable or responsible for the failure or malfunction of the device resulting in injury, death or damage to any persons or property.

It is not designed to prevent any loss or property, remove the risk of injury or death to the persons using it.

BATTERY
The user must charge all medical alarms regularly. It is recommended the device be charged daily, if it is used multiple times a day this may require more charging.

LIMITED LIABILITY
Medicall Health Australia is not liable or responsible for any death or injury, damage to persons, property or third parties as a direct or indirect use of any device sold by Medicall Health Australia.

Once any device is purchased, it is the user’s responsibility to inform the contacts of the devices number and their responsibilities to respond to emergency texts and calls from the device.

Medicall Health Australia and the customer agree that any supplied device or aid is not designed or guaranteed to prevent any loss or injury.

If, notwithstanding the terms of this agreement, there should arise any liability on the part of Medicall Health Australia as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused or contributed to Medicall Health Australia's negligence to any degree or failure to perform any obligation or strict products liability, any liability will be limited to the sum of the sale price of the device at the time of purchase and does not include legal fees, administration fees, medical bills or any third party costs.

If any supposed capable device that is used to alert people fails, Medicall Health Australia is not liable or responsible for the device failing or any consequences of that device failing.

This agreement constitutes the full understanding of the parties and will not be deleted, amended, cancelled except in writing by both parties. By purchasing this product the user accepts these terms and conditions, disclaimer, warranty, returns policy and privacy policy. The user waives any claims.

DELIVERY OF TERMS AND CONDITIONS, DISCLAIMER, PRIVACY POLICY AND WARRANTY
The user accepts that the Terms and Conditions, Disclaimer, Privacy Policy and Warranty, were available at the time of sale at the website www.medicallhealth.com.au

‍LEGAL ACTION
Despite the domicile or residence of any of the parties to the Contract, the parties covenant that the Contract shall be governed by and construed in all respects in accordance with the law of the State of Queensland and submit to the non-exclusive jurisdiction of the Courts of the State of Queensland with respect to any legal proceedings relating to the Contract.