Terms and conditions
GOOD FRIENDS MEMBERSHIP TERMS AND CONDITIONS
This agreement is made between Good Friends and <MEMBER’S NAME> dated <DATE>. The funder of services is <NAME>. The Authorised Representative is <NAME>.
By clicking the “agree” button or checkbox you confirm to Good Friends (2020) Limited that:
- you have read and understood and agree to be bound by the Good Friends Membership Terms and Conditions;
- you have the right, authority and capacity to enter into these Terms; and
- you meet the member eligibility criteria set out in clause 1.7 of the Terms.
If you provide these confirmations in your capacity as an Authorised Representative of a Member you also agree that you are responsible for ensuring the Member will comply with all of the Member’s obligations under these Terms.
1 HOW GOOD FRIENDS WORKS
1.1 These Terms: These Terms set out how you can use our Good Friends Platform to engage Helpers to provide you with care and assistance in your home.
1.2 Our Platform: We operate a Platform that connects you with approved Helpers who provide Services. Members can use the Platform to access, organise and manage Services.
1.3 Services: In-home Services are provided directly to you by Helpers. You will engage a Helper directly using the Platform. The fees you pay to the Helper and the terms and conditions for the Services are set out in the Care Terms.
1.4 Our role: Our role is to:
(a) help you connect with approved Helpers through our Platform;
(b) appoint a Care Manager to work with you to develop a Help Plan for provision of Services by Helpers; and
(c) facilitate the ongoing organisation, monitoring and management of your Help Plan in accordance with the Terms (see in particular clause 2),
(together the Membership Services). We do not provide the Services ourselves and the Helpers are not our employees or agents.
1.5 Level of Assistance:
(a) You can be provided with a range of assistance depending on your needs. This may change over time. You will have an introductory meeting with your Care Manager to discuss your needs. Your Care Manager will prepare a plan suitable for your needs. No Services can be provided to you without this plan being agreed. As your needs change over time you may need to change this plan and the Services provided to you.
(b) If your Services will be funded in whole or in part by a government Funding Provider, you agree the role of your Care Manager in assessing your needs and developing your care and help plan may vary depending on the government Funding Provider’s own role in, and requirements for, funding those Services.
1.6 Membership: To become a Member and use our Platform you must meet the eligibility criteria in clause 1.7 below and we must confirm our acceptance of your Membership.
1.7 Eligibility: You confirm that you are at least 18 years old and that neither you, nor anyone else living with you:
(a) has been convicted of any criminal offence;
(b) is, or has been subject to, a restraining order or any other legal action;
(c) is, or has previously been, required to register as a sex offender in any jurisdiction; or
(d) is subject to any restrictions or circumstances that would interfere with or prevent a Helper providing Services.
1.8 Variation: We may vary these Terms from time to time. A copy of the amended Terms will be included on the Platform. A copy of the latest Terms will also be posted on Good Friend’s website at www.goodfriends.co.nz.
2 WHAT WE PROVIDE TO YOU
2.1 General: We will provide to you the Membership Services, and procedures, governance, training and invoicing used to manage and organise the provision by a Helper of Services.
2.2 Access to Platform: We will provide you with Member access to:
(a) our Platform; and
(b) the software Application that enables you to use the Platform and organise Services.
We will use reasonable efforts to ensure the Platform and Application are accessible by you from your smart device that meets our minimum technology specifications for compatibility. You acknowledge that from time to time the Platform and the Application may be unavailable. This could be to enable maintenance or updates to be carried out, or for reasons beyond our control.
2.3 Verify Helpers: We will ensure that background checks are carried out on Helpers to assess whether Helpers are competent to provide the Services. We will take reasonable steps to verify the validity of information provided by Helpers but we will not be responsible for any fraudulent or misleading information provided by Helpers.
2.4 Authorise Helpers: We will only authorise Helpers to provide those Services that you have requested and authorised using the Platform and/or the Application.
2.5 Care Managers: We will appoint a Care Manager to work with you and your Helper (and your Funding Provider if applicable) to:
(a) assess your personal needs;
(b) develop a Help Plan that includes Services that best meet your needs; and
(c) help monitor and review your Help Plan. A Care Manager may, if he or she thinks appropriate, authorise a temporary variation to the Services provided to you pending a full review of your Help Plan.
2.6 Review of Help Plans: We may:
(a) arrange a meeting to review your Help Plan and invite relevant people involved in your Help Plan; and
(b) with your agreement, revise your Help Plan and alter the Services being provided to you.
2.7 Clinical oversight: We will provide necessary clinical oversight relevant to your Services, in accordance with your Help Plan. This may include analysis and remote monitoring of Helper observations and Smart Device data (if applicable) uploaded to the Platform relating to the Services.
2.8 Allied Health: We will help coordinate your Allied Health needs relating to your in-home care should this form part of the Services to be provided by your Helper.
2.9 Your feedback: We will:
(a) respect your decisions about your Services;
(b) regularly seek your feedback regarding your experiences with us, the Platform and your Helper(s); and
(c) respond to your reasonable requests on the provision of Services to you by Helpers, where these relate to clinical governance and quality of care outcomes (within the scope of any funding provided for your Services).
2.10 Funding: If a Funding Provider such as the Ministry of Health or a DHB is responsible for payment for any Services provided to you, we will assist you with financial management of that funding.
2.11 Payment and invoicing: We will help manage your payment of Service Fees to your Helper through the Platform. These Service Fees are invoiced weekly through the Platform in the following way.
(a) After each Helper visit an invoice addressed to you (or your Funding Provider if applicable) is generated on behalf of the Helper. This invoice sets out the Service Fees payable for that Helper visit.
(b) A weekly summary of the Helper’s invoices for the previous week is sent to you (or your Funding Provider if applicable).
(c) Service Fees payable directly by you will be charged to your nominated credit card or debited from your nominated bank account (under your direct debit authority). These, together with any Service Fees payable by your Funding Provider (if applicable), will be held in our bank account pending payment of the Service Fees to the Helper. We will transfer those funds to the Helper on your behalf, and may deduct from those funds any amounts payable by the Helper to us.
2.12 Reschedule Services: If a Helper cancels Services:
(a) on less than 24 hours’ notice then we will, unless you tell us otherwise, take reasonable steps to organise an alternative Helper to provide you with Services at no additional cost;
(b) on more than 24 hours’ notice then we will help you source a suitable substitute Helper to provide you with the Services at no additional cost.
In either situation your original Helper will not be paid for the cancelled Services.
2.13 Replacement of Helpers: If a Helper provides you with Services that do not meet the requirements set out in the Care Terms, or fails to provide the Services at all, we will help you source a suitable substitute Helper to provide you with the Services.
2.14 Resolving disputes under the Care Terms: Under the Care Terms, you and your Helper must first try to resolve any disputes between you. If you and your Helper are unable to resolve any such dispute then that dispute may be referred to us. We will take reasonable steps to investigate your complaints, address your and the Helper’s concerns, and resolve the matter efficiently and to the satisfaction of you and the Helper. In connection with this, we may do either or both of the following.
(a) We may engage an independent mediator or arbitrator to resolve the dispute. The terms of the mediation or arbitration will be determined by us. The costs of resolving the dispute will be the responsibility of you and the Helper, as set out in the Care Terms.
(b) We may suspend the Helper’s provision of the Services and/or your Membership until the dispute is resolved.
3 YOUR OBLIGATIONS
3.1 Initial obligations: To receive access to the Platform and obtain the Services you will do the following.
(a) Personal Details: You will provide us with all relevant personal details required for provision of the Services.
(b) Health and Wellness information: You will provide us with all health and other wellness information we consider necessary for us to understand your needs.
(c) Payment authority: You will complete either:
(i) a recurring billing authority authorising us to charge your credit, debit or other payment card; or
(ii) a direct debit authority authorising us to deduct from your nominated bank account,
any Service Fees, Membership Fees or other monies payable by you.
(d) Funding: If you intend to use a Funding Provider to pay for any Services (such as publicly funded home support services from Ministry of Health Disability Support Services, district health boards (DHBs) or Accident Compensation Corporation) you will obtain the necessary subsidy or funding and provide us with all relevant details.
(e) Introductory meeting: You will participate in an introductory meeting with a Care Manager. Clause 1.5 sets out details of how this works.
(f) Internet access: You will ensure you have access to the internet and a smart device, at your cost, so you can access the Platform and the Application.
3.2 Information: You:
(a) confirm all information you provide to us is true, accurate, complete and current and does not misrepresent your identity, health or needs – we will rely on any information you provide or statements you make;
(b) will promptly share with us any communications you receive regarding any funding for the Services provided to you; and
(c) will promptly update us on any changes or circumstances that may be relevant to the provision of the Services or your care needs.
3.3 Concerns/complaints: We enable the provision of the Services to you by the Helper. We want any concern you have about the Services or dispute between you and your Helper to be resolved to your satisfaction. You will promptly inform us of any concerns or complaints that you have relating to the Services or any Helper as soon as they arise.
3.4 Your vehicle: If your Helper transports you using your vehicle you will ensure that at all times your vehicle is registered, fully insured, has a warrant of fitness and is roadworthy for driving in New Zealand.
3.5 Home safety: You will:
(a) ensure your home is safe and suitable for Helpers to access and deliver Services at your home; and
(b) take all reasonable steps to prevent harm to any person providing the Services to you in your home.
If you have any concerns regarding safety at your home you must promptly notify us of these.
3.6 Membership account and security: You agree that you:
(a) are responsible for your Membership account and any activities that occur using your login, password or other identifying information connected to your Membership account;
(b) will not share your Membership account with any person (other than your Authorised Representative); and
(c) ensure that any device you use to access the Platform and the Application is password protected.
3.7 Your conduct and behaviour: You:
(a) will at all times behave in a courteous and respectful manner when interacting with your Helper, Care Manager and us;
(b) will comply with all laws when dealing with us or our Helpers (and not encourage others to breach any laws) and all policies and procedures notified by us from time to time;
(c) will not do anything that may harm or bring into disrepute the good name and reputation of any Helper, Care Manager or Good Friends;
(d) will not employ or procure the services of any Helpers privately or through another provider while you are a Member in order to receive services that are the same or similar in nature to those included in your Help Plan; and
(e) will not aim, encourage or assist any Helper to terminate their arrangements with us.
We may raise concerning conduct or behaviour with you. If we cannot reach a satisfactory resolution we may terminate your membership under clause 7.3.
4 SMART DEVICES
4.1 Smart Devices: Our Platform can be connected with certain other verified Smart Devices which can upload additional information about you to the Platform to assist with your home care and help. These point solutions are provided by third parties and have been designed for specific purposes. For example if you use a device that measures your heart rate and blood pressure, or monitors your insulin levels, then that device may be able to be connected to our Platform to provide us and the Helper with additional information for the purposes of the Services.
4.2 Use of a Smart Device: In order for a Smart Device to be connected to our Platform:
(a) We must first confirm whether your Smart Device can be connected to the Platform. Please let your Care Manager know if you want to learn more about connecting a Smart Device to our Platform.
(b) Where you choose to connect a Smart Device to the Platform, you consent to your Smart Device being connected to the Platform, and to us and the Helper receiving and/or collecting information about you from any Smart Device and/or Device Provider.
Your use of any Smart Device is entirely your choice. You are under no obligation to connect any Smart Device to our Platform or to share your Smart Device information with us.
4.3 Costs and conditions: Where you use any Smart Device in connection with our Platform:
(a) there may be ongoing fees charged by third parties; and
(b) you may need to agree to a Device Provider’s or other third parties’ terms or conditions.
4.4 Your responsibilities: You are responsible (at your cost) for:
(a) the required Smart Device;
(b) any other services that need to be provided by the Device Provider; and
(c) any internet access and/or other device required for the Smart Device and/or Device Provider to operate, and for us to receive any information from the Smart Device or Device Provider.
4.5 Our responsibilities: Our role in relation to Smart Devices is limited to connecting your Smart Device to the Platform to enable information from the Smart Device to be provided to us and your Helper for the purpose of the Services. You agree that:
(a) we are not a first responder, primary care, health, medical, or other provider;
(b) we are not the supplier of Smart Devices and do not provide any services in respect of any Smart Device or warrant the performance of any Smart Device or Device Provider;
(c) we are not responsible to you or any other person for:
(i) any Smart Device (including any defect in that Smart Device);
(ii) any act or omission of, or services provided by, any Device Provider (or any third party connected with any Smart Device or Device Provider); or
(iii) the accuracy or timing of any information received from any Smart Device or Device Provider.
You confirm you (or your Authorised Representative) will make your own enquiries regarding the use of any Smart Device (including any Service Provider and any device or services connected with the Smart Device or the Service Provider) and that you are satisfied it is appropriate for your care needs.
5 MEMBERSHIP FEES AND PAYMENT
5.1 Membership Fee:
(a) You will pay us a Membership Fee while you are a Member of Good Friends. The Membership Fee covers our cost of providing the Platform and performing our other obligations to you and consists of two components: a care management and administration fee and a remote care monitoring fee.
(b) Where all or some of your Service Fees are paid by a Funding Provider, your Membership Fee will include an additional administration fee.
(c) We have the right to vary your Membership Fee from time to time. We will give you 30 days’ notice of any change to your Membership Fee through the Platform.
5.2 Payment: Your Membership Fee will automatically be charged to your credit, debit or other payment card or deducted from your bank account (under your direct debit authority) weekly in advance, in accordance with your payment instructions.
If all or any part of the supply of services by us to you is a taxable supply for the purposes of the Goods and Services Tax Act 1985 then you will also pay to us an amount equal to the GST chargeable in respect of that taxable supply.
5.4 Processing fees
You agree to pay merchant surcharges for credit, debt or other payment card that are incurred in processing your payment.
5.5 Late payment: If our direct debit of your weekly Membership Fee fails due to insufficient funds in your nominated bank account or for any other reason, we will attempt another direct debit 24 hours later. If our second direct debit attempt is declined we will advise you of this and you must promptly pay all outstanding Membership Fees to us. If your Membership Fee is not paid when due:
(a) you will on demand pay to us a default fee, calculated on a daily basis at a rate that is 3% above the prevailing overdraft rate charged by our principal bankers, on all outstanding amounts from the due date for payment until the date we receive payment in full; and/or
(b) we may recover from you all costs we incur in connection with your non-payment and exercising our rights (including legal costs and disbursements on a solicitor client basis).
6 INTELLECTUAL PROPERTY
6.1 Ownership of IP: You do not own or have any rights (including any patents, copyright or trade names or trade marks) in the Platform, the Application, our website or in any information we provide to you (the Intellectual Property) except as set out in clause 6.2.
6.2 Licence to use: You are granted a non-exclusive, non-transferrable, non-sublicensable, royalty-free licence to use the Platform and the Application as a Member for the term of your Membership, solely to enable you to arrange and receive care from Helpers through the Platform.
6.3 Copy, modify or use: You must not copy, modify, reproduce, republish, sell or redistribute the Intellectual Property without our prior written consent.
6.4 Notices: You must comply with all copyright notices, information or restrictions contained in or attached to our Platform, Application or website.
7 TERM OF MEMBERSHIP AND TERMINATION
7.1 Term of Membership: Your Membership (on these Terms) begins on the date notified by us to you, and will continue until terminated in accordance with these Terms.
7.2 Termination by you: You may terminate your Membership at any time by giving 30 days’ notice to us, after the first 12 weeks of your Membership has ended. To do this, you must address and deliver confirmation of your termination to Good Friends Membership Services at PO Box 90217, Victoria Street West Auckland 1142 or by email to [email protected]
7.3 Termination by us: We may terminate your Membership at any time, by giving notice to you, in the event that:
(a) you materially breach these Terms;
(b) you become bankrupt or become unable to pay any Service Fees or Membership Fees; or
(c) we reasonably believe any dispute between you and your Helper under the Care Terms cannot be resolved.
We may also terminate your Membership without cause at any time by giving 30 days’ notice to you.
7.4 Suspension: We may suspend your Membership at any time, by giving you notice, if you breach these Terms. The suspension will continue until we let you know.
7.5 Effect of suspension/termination: Termination of your Membership will not affect any accrued rights or liabilities under these Terms. This clause 7.5 and clauses 6, 8 and 9 survive termination of your Membership. If your Membership is terminated or suspended you are not entitled to any refunds.
8 WARRANTIES AND LIABILITY
8.1 Warranties: The only conditions, representations and warranties we give to you are those expressly set out in these Terms or otherwise expressly agreed in writing with you, to the maximum extent permitted by law.
8.2 Liability: Our total liability to you under or in connection with these Terms, your Membership or provision of the Services by Helpers will not exceed an amount equal to two times the Membership Fees that you have paid to us in the 12 months preceding the event for which we have become liable to you.
8.3 Limitations: Notwithstanding any other Term, we will not be liable for any indirect, consequential or special or punitive loss, damage, cost or expense, or any loss, damage or injury to you or your property, incurred or suffered in connection with the provision of the Services or the Membership Services.
8.4 Basis for limitations: The limitations in this clause 8 apply irrespective of the basis of any claim, including in contract, tort (including negligence), equity, statute or otherwise.
8.5 Third parties: We may use third parties when providing the Membership Services. These third parties may have their own terms and conditions that you need to comply with. You agree that we do not control, and are not liable for, these third parties activities and that you are responsible for accepting these third parties’ services and/or terms and conditions.
10.1 Our arrangements: These Terms are the entire agreement between us and you. They override any earlier correspondence or discussions. Except as set out in these Terms, no business arrangements between us are created by your Membership.
10.2 Notifications and approvals: Unless stated otherwise in these Terms, any reference to giving notice, approval or information to another party means providing that notice, approval or information through the Platform.
10.3 Dispute resolution: If you and we have a dispute relating to these Terms, we will first endeavour to resolve the dispute by discussions between us.
10.4 Force majeure: We are not responsible for any failure or delay to perform any of our obligations, where that failure or delay is beyond our control.
10.5 Assignment: These Terms and the agreement between us cannot be assigned or transferred by you, and you are not allowed to subcontract your obligations, without our written permission in either case.
10.6 Governing law: These Terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction in respect of these Terms or any dispute arising out of or in connection with these Terms.
11 DEFINED TERMS
11.1 Definitions: Words or phrases used in these Terms that are capitalised have the following meanings.
Application means any of our software applications that enable you to access the Platform from your device or computer.
Authorised Representative means a person who has the authority to make decisions and act on behalf of a Member who either doesn’t have legal capacity or who wishes for this person to act for them.
Service Fees means the fees you must pay to the Helper under the Care Terms for the Services.
Care Manager means a representative of us who assesses your needs.
Care Terms means the terms on which a Helper will provide the Services directly to you, applying between you and the Helper.
Device Provider means any third party supplying a Smart Device and/or associated data or services.
Funding Provider means any person, entity or government funding provider who is responsible for payment of all or part of your Service Fees.
Good Friends or we, us, our means Good Friends (2020) Limited, a member of the Arvida group.
Helper means a carer or helper who has been authorised to provide Services to Members through the Platform.
Help Plan means the programme of direct and indirect services and activities developed by your Care Manager to best meet your needs.
Member means a person who has subscribed to use our Platform and receive the Membership Services. You are a Member.
Membership means your subscription, on these Terms, to the Good Friends Platform for the Membership Services.
Membership Fees means the fees you must pay to us for your Membership.
Membership Services has the meaning set out in clause 1.4.
Platform means our online platform and other technology which Members use to access, organise and manage the provision of Services from Helpers.
Services means the in-home help and care services that a Helper provides directly to you under the Care Terms.
Smart Device means an electronic device that you can interact with or control, e.g. smartphones, tablets, smartwatches and smart medical devices. This includes any services that can be accessed using that device.
Terms means these terms and conditions as amended from time to time.