Terms and conditions for products purchased after 20 December 2021
RACV Home Security products and services are provided on the following terms and conditions which form an agreement between You and RACV Security Pty Ltd (ABN 49 079 148 342) trading as RACV Home Security (“RACV Security”).
Agreement means these terms and conditions.
App means any App made available to You as part of the supply of Equipment and Services.
Effective Date means the date on which You pay the deposit for installation or Equipment or the date on which of Monitoring Services commence (whichever is earlier).
Equipment means Home Security and Smart Home equipment supplied by RACV Security to You under this Agreement including but not limited to electronic security equipment and devices including alarm panels and peripherals, CCTV cameras and recording equipment, Smart Home cameras, equipment and devices.
Home Security means traditional, electronic security systems and equipment including but not limited to professional, self-monitored and/or patrolled home security services.
Home Security Services mean the installation, Monitoring Services, and home security patrol services supplied by RACV Security under this Agreement.
Maintenance means the maintenance of home security Equipment in accordance with Australian Standards or other applicable standards where specifically required.
Metropolitan Melbourne means such areas or postcodes as determined by RACV Security from time to time, having regard to the Metropolitan & Outer Suburban Taxi Zones contained in the Melway Greater Melbourne Street Directory.
Monitoring or Monitoring Services means monitoring and actioning of alarm signals subject to this Agreement.
Monitoring Station means RACV Security’s station which monitors alarm signals.
Nominated Regional Centres are defined as areas or postcodes within 100km radius of Bendigo or Melbourne, 20km radius of Wodonga and any other areas nominated by RACV Security from time to time.
RACV Security means RACV Security Pty Ltd ABN 49 079 148 342, trading as RACV Home Security, Security Licence (Vic.) 733-411-10S and Security Registration (Vic.) 733-411- 31S.
Smart Home means internet-connected devices that enable remote user monitoring and the automation and management of home appliances.
Smart Home Services means the sale and installation of Smart Home Equipment in accordance with this Agreement.
Services means the Home Security and Smart Home Services supplied by RACV Security to You in accordance with this Agreement.
Wireless Services means Home Security and Smart Home Services that allow for control of systems and devices via smartphones, smart devices and computers via your internet connection and associated Apps
You means the person, or company to whom this Agreement is addressed.
A. Quotations for Equipment installation and (where applicable) ongoing Home Security Services (including Monitoring) are valid for 30 days from the date of the quotation and are inclusive of GST and any applicable discounts.
B. Prices quoted are based on the following:
i. acceptance by You of the Equipment (and installation thereof) or Services (or both) on the terms of this Agreement;
ii. labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any); and
iii. installation of the Equipment during normal working days.
C. RACV Security reserves the right to alter a quotation (whether or not it has already been accepted by You) if there is:
i. any change to the underlying circumstances on which the quotation was based; or
ii. in the case of Equipment, if installation is to take place other than as stated in the quotation,
and either change creates additional cost for RACV Security.
A. RACV Security will retain title to the Equipment until full payment for the Equipment and installation is received from You.
B. Risk in relation to loss or damage to the Equipment (other than where such loss or damage is caused by the RACV Security) transfers to You upon installation of the Equipment.
A. RACV Security, its employees, servants and agents will need full and free access at all necessary times to Your premises (Installation Site) and full use of such of Your facilities as are necessary for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment.
B. In addition to any other remedies RACV Security may have at law, if You fail to pay for the Equipment and/or installation when such payment is due, and payment remains overdue for a period of more than 60 days, You expressly grant RACV Security and its agents the right to enter the Your property and premises to remove any unpaid for Equipment
A. If you have requested installation, RACV Security will install the Equipment at the Installation Site on the nominated date.
B. RACV Security will not be liable for any loss, injury, damage or expense incurred by you as a result of any reasonable delay in installation, except where such damage is caused by the negligence of RACV Security, its employees, servants or agents. A delay in installation will not entitle You to cancel this Agreement or refuse to accept delivery and installation of the Equipment.
C. You acknowledge that the Home Security Equipment is designed to communicate alarm and subsidiary signals to the Monitoring Station through the use of telephone calls, a modem or other communication channels (e.g. 4G) and that You are responsible for the installation of and all charges related to such communication channels at the Installation Site.
D. RACV Security indemnifies You and agrees to pay any reasonable amounts required to rectify any damage to Your roof tiles that is directly caused by RACV Security’s installation of CCTV cables at the Installation Site.
E. Installation does not include the following additional works that may be required to connect Equipment; relocating modem cabling, adding power points, running wires directly to the back of Your television. Where RACV Security undertakes any additional works at Your request, RACV Security will not be liable for any loss, injury, damage or expense incurred by you as a result of these works.
A. It is your responsibility to ensure that that the Installation Site is at all times a safe working environment for RACV Security’s employees, contractors, agents and authorised representatives when completing the installation. This includes, but is not limited to, ensuring the Installation Site does not contain asbestos or similar hazards or any infections, contagions or infected or contagious persons.
B. You must notify RACV Security in advance of any unsafe condition at the Installation Site that may affect the performance of work at the Installation Site. RACV Security reserves the right to refuse to perform any work at the Installation Site (including without limitation Equipment installation, Maintenance, or warranty work) without any liability to the You, if in the RACV Security’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at Your cost (including professional cleaning or removal of all asbestos product from that part of Installation Site where asbestos is present). Any such delay or suspension of the warranty work, Equipment installation or other Services will not constitute a breach of this Agreement.
C. RACV Security reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, Maintenance, or warranty work) without any liability to You, if in the reasonable opinion of RACV Security, performance of such works would breach RACV Security’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
D. RACV Security reserves the right to refuse to perform any works, provide the Service or renew this Agreement if You (or any person associated with You) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone).
8. Home Security Monitoring Services
A. Where Monitoring Services are being provided, they will commence on the Effective Date and will be provided for an initial period of either 12 months, 24 months or 36 months (depending on which option You have selected) (Initial Monitoring Term).
B. The Initial Monitoring Term will automatically extended for a further period of one year at the end of the Initial Monitoring Term and thereafter on each anniversary of the Effective Date (the Monitoring Term) unless it is terminated by written notice from You at least one (1) month prior to the anniversary of the Effective Date.
C. RACV Security may terminate this Agreement immediately upon notice to You where:
i. You are in breach of a material term of this Agreement (including but not limited to a breach under Section 9(D) of this Agreement); or
ii. You commit an act of bankruptcy, make any arrangement or composition with Your creditors, have a receiver or manager appointed over any part of Your undertaking or assets, have any petition presented for Your winding up or You go into liquidation on a voluntary or compulsory basis.
D. Where RACV Security terminates the Agreement in accordance with Section 10(C), You are responsible for the reasonable costs incurred by RACV Security to decommission the Equipment and Monitoring Service, together with any ongoing telephone call charges or other communication charges incurred by You.
9. Monitoring Services: Your Duties and Acknowledgments
A. You agree to give RACV Security detailed written instructions (Your Instructions) prior to Monitoring Services commencing.
B. Your Instructions may be varied with RACV Security’s agreement. Variations should be submitted by You in writing. Notwithstanding the foregoing the record kept by RACV Security will be conclusive evidence as to all oral variations.
C. You must, at Your expense (either through RACV Security, or a separate, qualified and licensed technician:
i. carry out regular testing of the Home Security Equipment and fix defects without delay and maintain the Home Security Equipment in accordance with Australian Standards; and
ii. seek re-assessment of Your security requirements if the use or layout of the Installation Site or the level of risk changes from that applying under the quotation.
D. You undertake not to write security codes in public or unsecure places and to ensure that key cards, keys and other security access devices are kept under secure care and not given to or allowed to remain with unauthorised persons and that code holders be cautioned not to make known the code to others.
E. You acknowledge:
i. that the Home Security Equipment has been selected by You in accordance with the Your express requirements and assessment of security risk;
ii. that RACV Security does not represent and there is no implied term that the Home Security Equipment or Monitoring System or Services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded;
iii. that the Home Security Equipment or Services cannot prevent unlawful entry or damage to Your property;
iv. You shall be responsible for taking out insurance against fire, theft, damage, injury or any other cause at Your own cost;
v. that RACV Security will not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by You or any other person including but not limited to loss or damage caused by the installation of the Home Security Equipment, Home Security Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal other than where such fault or loss is caused by the misconduct or negligence of RACV Security and/or its servants, agents or contractors or otherwise;
vi. that RACV Security shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by RACV Security.
vii. that RACV Security will not be liable for any unavailability of the Home Security Equipment or Services caused by circumstances beyond RACV Security’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, pandemic, strike or other labour problem (other than one involving RACV Security employees), Internet service provider failure or delay, Non-RACV Security equipment or application, or denial of service attack.
viii. that RACV Security will not be responsible for any failure of the Services caused by Your act or omission such as an incorrect use of an electricity smart switch.
10. Professional Monitoring: Actioning of Alarm Signals
A. After receipt of the alarm signal the Monitoring Station will use all reasonable efforts to respond to the alarm in accordance with the RACV Security Alarm Response Options selected by You.
B. In the event that the Monitoring Station is not able to respond to the alarm in accordance with these instructions, or believes the instructions not to be appropriate to the circumstances of an alarm and is not able to obtain oral instruction from either You or Your authorised representative, You authorise the Monitoring Station to take such action as considered necessary to ensure an appropriate response.
C. You shall pay for all services provided by RACV Security in response to alarms, whether those services are provided in accordance with Your written or oral instruction or at the discretion of the Monitoring Station in accordance with Section 10(B) at the rate of RACV Security or its service provider/s.
D. If the premises are found to have been physically damaged and You or Your authorised representatives cannot be reached, the Monitoring Station at its discretion shall place a static guard and/or take other measures at the Monitoring Station’s discretion to secure and/or protect the premises and contents thereof, as an agent of necessity, until the next working day, and You agree to pay RACV Security and/or its agent for the additional work at RACV Security’s rates.
E. The Monitoring Station must record all telephone conversations to or from its monitoring premises in compliance with AS 2201 and You expressly agrees to this condition.
11. Patrol Response
A. If you are receiving Monitoring Services under this Agreement, a patrol response may be required to attend in the event of an alarm activation. A separate charge is applicable for each patrol attendance.
12. Limitation of Liability
A. Nothing in this Agreement excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited. Where RACV Security can limit its liability under the Australian Consumer Law, RACV Security limits such liability to the following (at RACV Security’s option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
B. Subject to Section 12(A) as far as possible where the Equipment and/or Services are not ordinarily acquired by You as a “consumer” and/or for personal domestic or household use pursuant to Clause 64A of the Competition and Consumer Act 2010 (Cth) and/or similar provisions in State legislation, RACV Security’s liability shall be limited:
i. in the case of Equipment to any one or more of the following as the RACV Security in its sole discretion may determine:
- the replacement of the Equipment;
- the repair of the Equipment;
- the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
- the cost of having the Equipment repaired; or
ii. in the case of Services to either of the following as the RACV Security in its sole discretion may determine:
- the resupply of the services again;
- the cost having the services supplied again.
C. If, notwithstanding the foregoing Sections A and B, RACV Security is found to be liable to You in connection with this Agreement, the liability of any of RACV Security, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
D. To the extent permitted by law, RACV Security will not be liable to any person for any indirect, special or consequential loss or damage in connection with this Agreement, whether in contract, tort (including negligence), statute or otherwise.
E. RACV Security shall not be liable for any default or failure to perform its obligations under this Agreement where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action You including any interference with misuse, damage or abuse to the Equipment by You and/ or other person, any failure by You to perform Your obligations under this Agreement or any other circumstance beyond the control of RACV Security.
13. Express Warranty of Equipment and Labour
A. Unless the Home Security Equipment comes with manufacturer’s warranty longer than the Warranty Period (Manufacturer’s Warranty Period), RACV Security warrants that the Home Security Equipment supplied pursuant to this Agreement will be free of material defects for a period of 12 months from the date of initial installation (the Equipment Warranty Period).
B. You must inspect all Home Security Equipment upon delivery, and must, within five (5) business days of delivery, give notice to RACV Security if the Home Security Equipment or any part thereof is not in accordance with this Agreement.
C. If You experience any operational faults or defects in the Home Security Equipment during the Manufacturer’s or Equipment Warranty Period, You must contact RACV Security as soon as possible to permit RACV Security to carry out the warranty work. Any Home Security Equipment or part thereof that is proved to be defective will be repaired or replaced by RACV Security at its option, at no cost to You.
D. We warrant the labour for a period of 12 months from installation. Defects in the installation that occur which affect the performance of the Home Security Equipment and are notified to RACV within 12 months will be rectified, resupplied or the purchase price of the installation refunded to You, at our discretion (Installation Warranty).
E. You acknowledge and agree that the warranties provided under this Section 13 do not cover:
i. any defect, fault, damage or malfunction caused by Your failure to regularly maintain and test the Home Security Equipment in accordance with the applicable Australian Standards and the manufacturer's recommendations;
ii. fair wear and tear;
iii. any defect, fault, damage or malfunction caused by Your negligence, fault, neglect, abuse or incorrect installation,
iv. connection or use of the Home Security Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of RACV Security’s control or that of the manufacturer;
v. any defect, fault, damage or malfunction caused by Your failure to replace consumables required for the use and operation of the Home Security Equipment (such as, without limitation, batteries or light bulbs); or
vi. any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Home Security Equipment by any person other than RACV Security
F. You must notify the RACV Security of the alleged defect by contacting RACV Security on 13 27 56 or writing to RACV Security Home Security at level 2, 550 Princes Hwy Noble Park, 3174 upon the defect first coming to the Your attention.
G. Warranty work will be performed when reasonably requested by You during business hours unless otherwise agreed. RACV Security will not be liable to You for any claims made for injury, loss or damage to any person, resulting from RACV Security’s failure to provide the warranty work if You fail to give RACV Security access to Your premises.
H. If, after the expiry of the relevant warranty period, You request (either in person, in writing or via telephone) RACV Security to diagnose and rectify a defect, fault or malfunction in the Home Security Equipment, RACV Security may charge You a fee for such diagnosis, rectification or advice at its standard rates.
I. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under our warranties are in addition to other rights and remedies under a law in relation to the goods/services.
A. In order for RACV Security to provide You with Equipment and Services under this Agreement You agree to provide Personal Information about yourself and information about Your home security needs (including location-based information and other data collected from the App) and You acknowledge and agree that RACV Security and its third-party technology and cloud storage providers may:
i. collect, monitor and store information to provide the Services in connection to You;
ii. disclose information (including Personal Information) to You and to third parties through whom RACV Security provides services in connection with your use of the Services for the purpose of providing you with the Services;
iii. disclose Personal Information to suppliers who need access to the Personal Information to provide RACV Security with services, to allow supply of Equipment and Services to You;
iv. use Personal Information collected through the Services to promote products and services to You from within the App.
v. retain and use information collected through the App as described in this Agreement or as otherwise permitted by law.
B. By providing your personal information to us you acknowledge and consent that we may collect Your personal information from, and disclose it on a confidential basis to our related entities (including Insurance Australia Limited (IAL) and Royal Automobile Club of Victoria (RACV) Limited) (RACV), as well as our installers, monitoring agency, repairers, law enforcement agencies, lawyers, recovery agents, advisers, and the agent of any of these, to assess your requirements for and to provide you the goods and services, and to calculate or offer any discounts, and to price any insurance policy issued to you by us or our related entities (including IAL and RACV).
C. RACV Security may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) to provide services to multiple third-party providers, for research purposes and to help RACV Security enhance and improve its services and to develop current and future services and functionality, and for other purposes of RACV Security's business. RACV Security may share non- personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. RACV Security will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
D. RACV Security’s use of any Personal Information will at all times be governed by the RACV Security Privacy Charter, a copy of which can be found at www.racv.com.au/privacy
A. By providing RACV Security with Your personal information you consent to RACV Security:
a. collecting and using Your personal information for marketing purposes;
b. disclosing Your personal information on a confidential basis to RACV Security’s related entity, Home Trades Hub Australia Pty Ltd and its related entities for marketing purposes.
B. You need to tell us if you want to change your consent for marketing purposes. You can tell us by contacting us as set out in section 15C.
C. Further, you agree to your information being disclosed to RACV and IAL and agree that RACV, IAL and their related bodies corporate may contact you with marketing and information about their products and services (including for the avoidance of doubt products and service outside of home security), discounts, special offers, competitions and invitations to special events, for an indefinite period unless and until you opt out of receiving these communications. You agree that any contact details provided by you can be used for these communications including to contact you by post, phone, email and SMS. If at any time you wish to opt out from receiving these communications:
a. please let RACV know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au) or any opt out means provided in the communications; or
16. Intellectual Property and Carriage Services
A. You acknowledge and agree that You do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the App or any data and You may only use the App for Your own personal use.
B. You acknowledge that the Wireless Service and App will utilise Your Smartphone and internet connection for the purposes of transmitting and receiving information, and that;
i. this transfer of information is facilitated by Your telecommunications carriage provider using Your mobile phone carriage and data plan; and,
ii. RACV Security is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
iii. RACV Security is not liable for any costs or charges incurred by You as a result of your use of the App.
17. Subcontractors and Suppliers
A. RACV Security may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or RACV Security without giving notice to You.
B. RACV Security may use one or more subcontractors, suppliers, vendors or licensors (collectively, “Suppliers”) to provide installation, repair, monitoring, communications, signal transmission services (including cellular transmission, broadband and/or VoIP services) or other services. To the extent permitted by law, the limitations of liability in section 12 of this Agreement shall apply to the work, products or services that our Suppliers provide, and shall apply to them and protect such Suppliers in the same manner as it applies to and protects RACV Security.
C. You expressly understand and agree that you have no contractual relationship whatsoever with the cellular or broadband service provider being relied upon to provide services to you, or its affiliates or contractors, and that you are not a third party beneficiary of any agreement between Supplier and any cellular or broadband service provider. In addition, you acknowledge and agree that the cellular or broadband service provider and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to you and you hereby waive any and all claims or demands therefor.
18. Fees and Payments
A. Installation of Equipment will require a non-refundable deposit. RACV Security will advise you of the amount of the deposit when you book Your installation. Cancellation within 24 hours of installation will incur a cancellation fee of the deposit taken. This applies subject to any legislative cooling off period under any applicable laws.
B. The unpaid balance of the total charge for Equipment and installation is payable upon completion of the installation. Once installation is complete, RACV Security will contact You by phone in order for you to make payment of the unpaid balance. RACV Security does not accept payment by cheque.
C. If You default in making any of the above payments RACV Security may, in addition to its other remedies at law, cease installing the Equipment and/or may remove the Equipment. You shall bear any reasonable costs incurred by RACV Security as a consequence of the cessation and removal of the Equipment. Any deposit paid by You will be retained by RACV Security as reasonable reimbursement to RACV Security for the costs of installation.
D. No reimbursements/refunds will be provided to You for amounts below a dollar value equivalent to one month’s monitoring.
E. Following installation:
i. Fees for Monitoring Services or App access and alerts are payable in advance by monthly direct debit. RACV Security’s standard direct debit agreement can be found at https://www.racv.com.au/about-racv/our-business/legal;
ii. Fees for technical services and associated Equipment are payable on provision of the service;
iii. Fees for patrol response services are payable within 30 days of provision of the service;
F. If payment for Monitoring and/or service response is in arrears at any time:
i. RACV Security shall not be bound to perform the Services related to the amount in arrears and may cease such Services without notice to the You.
ii. RACV Security may take formal steps to recover the debt, which may include forwarding Your debt to RACV Security’s collections agent for recovery or initiating legal proceedings. These steps may adversely affect Your credit rating.
iii. RACV Security may offset any overdue amounts against amounts paid in advance for monitoring services, with the Monitoring Term reduced pro-rata for the set-off amount.
19. Service Limitations
A. RACV Security Home Security Services may be limited or unavailable in areas outside of Metropolitan Melbourne and Nominated Regional Centres. Services provided in these areas may attract additional surcharges. You will be reasonably advised of any additional surcharges. The Apps supplied under these terms and conditions may be limited by network speed and availability.
20. Changes to This Agreement
A. Where RACV Security alters this standard Agreement, You agree to adopt the new wording as at the date of the renewal of the Agreement. RACV Security will use reasonable endeavours to advise You of any such change by posting notification of changes on its website at www.racv.com.au/in-your-home/home- security/home-security-terms-and-conditions.html
B. RACV Security may increase the service fee rates for Monitoring and/or service response by giving not less than 30 days written notice to You. You shall have the right to terminate the Agreement by notice to RACV Security prior to the 30 day notice period expiring if You do not agree to the increase in service fee rates.
A. You may not assign, transfer or otherwise deal with the rights under this Agreement without the prior written consent of RACV Security.
B. RACV Security may assign, novate or otherwise deal with its rights and obligations under this Agreement in favour of a third party.
C. This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.