In these Terms and Conditions:
“App” means the interactive security, video and smart home application available as part the Wireless Service”
“Company” 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.
“Effective Date” means the date on which the Member pays the deposit for installation in accordance with section13
“Equipment” means Home Security equipment supplied by the Company under this Monitoring Contract.
“Member” means the person, or company to whom this agreement is addressed.
“Equipment” means the home security monitoring equipment supplied by the Company under this agreement, including the Helix panel and the IP Cameras supplied with the Wireless Service.
“Monitoring Station” means the Company’s station which monitors alarm signals.
“Maintenance” means the maintenance of home security equipment in accordance with Australian Standards.
“Monitoring” means monitoring of alarm signals subject to the terms and conditions described herein, and actioning of alarm signals.
“Monitoring Contract” includes these terms and conditions.
“Multi-Activation Intruder Alarm Event” is defined as receipt of two or more intruder alarm signals by the Monitoring Station for the monitored premises within a 15 minute period, which is not cleared by either disarming of the security system or verbal advice from either the member or an authorised contact.
"Metropolitan Melbourne” means such areas or postcodes as determined by RACV from time to time, having regard to the Metropolitan & Outer Suburban Taxi Zones contained in the Melway Greater Melbourne Street Directory from time to time.
“Nominated Regional Centres” are defined as the urban areas of Geelong, Ballarat, Bendigo, Mildura, Wodonga, Shepparton, Warragul, Traralgon and Sale and other areas nominated by the Company from time to time.
“Service” or “Services” mean the installation, monitoring, and home security patrol services supplied by the Company under this Agreement.
“Wireless Service” means the Service option which uses a Helix wireless security panel and cameras and enables access to the App.
- Term and Termination
a) The Monitoring Contract commences on the Effective Date and will remain in force for an initial period of one year.
b) The Monitoring Contract will be automatically renewed on each anniversary of the Effective Date unless it is terminated by written notice from the Member at least one (1) month prior to the anniversary of the Effective Date.
c) The Company may terminate the Monitoring Contract immediately upon notice to the Member where:
i) the Member is in breach of any of the Monitoring Contract conditions; or
ii) if the Member commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for its winding up or goes into liquidation on a voluntary or compulsory basis.
d) Where the Company terminates the Monitoring Contract in accordance with clause 1)c), the Member is responsible for the reasonable costs incurred by the Company to decommission the Equipment and Monitoring Service, together with any ongoing telephone call charges or other communication charges incurred by the Member.
e) In the case of the Wireless Service, the Member may maintain access to the App following termination of the Monitoring Contract for any reason. However, the Wireless Service will no longer be monitored by the Company and the Company accepts no liability in relation to any ongoing use of the App.
- Purchasing and using the App
a) To install and use the App you must log in to the applicable App Store and agree to any applicable end user terms and conditions applicable to the App and made available to you when you download the App from the App Store.
b) Subject to your agreement to any such terms and conditions, you will be granted a limited licence to use the App on your Smartphone as permitted by the end user terms and any applicable Usage Rules set out in the App Store and Google Play Store terms of service.
c) The App is intended to work in conjunction with the Wireless Service and Monitoring. If you cancel this Monitoring Contract you may continue using the App, but RACV will not be liable for any:
i) deterioration in App functionality arising following termination;
ii) home security breach or response to any alarm signal that occurs after termination.
- Changes to the Monitoring Contract Terms
a) Where the Company must (because of legislative changes or similar unavoidable circumstances) alter this standard Monitoring Contract, the Member agrees to adopt the new wording as at the date of the renewal of the Contract. Company will use reasonable endeavours to advise the Member 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) The Company may increase the service fee rates for monitoring and/or service response by giving not less than 30 days written notice to the Member. The Member shall have the right to terminate the Monitoring Contract by notice to the Company prior to the 30 day notice period expiring if it does not agree to the increase in service fee rates.
a) Quotations for installation and Services are valid for 30 days from the date of quotation and are inclusive of GST and any applicable discounts.
b) Prices quoted are subject to acceptance by the Member of the Equipment (and installation thereof) or Services (or both) as set out in this Monitoring Contract.
c) Prices quoted are based on the following:
i) labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any) at the date hereof; and
ii) installation of the Equipment being effected during normal working days.
d) The Company reserves the right to alter any quotation (whether or not it has already been accepted) should there be any change to the underlying circumstances on which the quotation was based or, in the case of Equipment, if installation is to be effected other than as stated.
- Supply of Equipment
a) In consideration of payment of the fees by the Member, the Company agrees to supply the Equipment and Services in accordance with this Monitoring Contract.
b) RACV will use all reasonable endeavours to deliver the Equipment by the time specified to the Member. The Member acknowledges and agrees that delivery dates or periods quoted by Company are estimates only, and are subject to timely receipt of all Member information, other material, and permits from the Member necessary to allow RACV to proceed with the delivery of the Equipment. Company shall not be liable to the Member in any event for any direct for indirect loss, damage, and expense or cost of any nature and howsoever arising, suffered or incurred by the Member as a result of any delay or failure to deliver the Equipment at the time specified.
a) The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received. Risk in relation to loss or damage to the Equipment by (other than where such loss or damage is caused by the Company) transfers to the Member upon installation of the Equipment.
a) The Company, its employees, servants and agents shall have full and free access at all necessary times to the Member’s premises and full use of the Member’s facilities for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment. In addition to its other remedies if the Member fails to pay the contract price for the Equipment and/or installation within the due period for payment and such payment remains overdue for a period of more than 60 days, the Member expressly grants the Company and its agents the right to enter the Member’s property and premises to remove such Equipment.
- Installation and Equipment requirements
a) If the Member has elected Equipment Installation, Company will install the Equipment at the nominated site on the nominated date.
b) The Company shall not be liable for any loss, injury, damage or expense because of delay in installation other than where such damage is caused by the negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Member to cancel this agreement or refuse to accept delivery and installation of the Equipment.
c) Continuous supply of 240VAC power will be required at the Member’s premises at the location of the Helix control panel prior to installation.
d) Continuous supply of 240VAC power will be required at the Member’s premises at the location of the Helix external cameras prior to installation.
e) Ongoing monitoring via Internet Protocol (IP) Camera is dependent on a working modem and modem and camera configuration at the time of installation. An available Ethernet port is also required.
f) Power to the modem is the responsibility of the Member. The Company accepts no liability for any impact to the Monitoring caused by a power outage or surge or similar events which will impact the monitoring of the system. The Company recommends that the Member back up the power supply with an uninterrupted power supply.
g) IP Cameras provided as part of the Wireless Service are dependent on a strong WiFi signal. It is the responsibility of the Member to ensure a strong, working WiFi signal for the operation of the IP Cameras.
h) The Member acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the Monitoring Station through the use of telephone calls or other communication channels (e.g. 3G) and that the Member is responsible for all charges related to such communication.
i) The Company hereby indemnifies the Member and agrees to pay any reasonable amounts required to rectify any damage to roof tiles directly caused by the Company’s installation of CCTV cables at the Member’s premises (Installation Site).
a) The Member is liable for ensuring that the Installation Site will at all times be a safe working environment for the Company’s employees, contractors, agents and authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
b) The Member must notify the Company in advance of any unsafe condition at the Installation Site that may affect the performance of work at the Installation Site. The Company 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 Member, if in the Company’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at the Member’s cost (including professional 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 Monitoring Contract.
c) The Company reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Member, if in the reasonable opinion of the Company, performance of such works would breach the Company’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
d) RACV reserves the right to refuse to perform any works, provide the Service or renew this Monitoring Contract if the Member (or any person associated with the Member) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone) or otherwise in a manner that threatens the safety of any Company employee or contractor.
- Member Acknowledgments
a) a) The Member acknowledges:
i) that the Equipment has been selected by the Member in accordance with the Member’s express requirements and assessment of security risk;
ii) that the Company does not represent and there is no implied term that the 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 Equipment or Services cannot prevent unlawful entry or damage to the Member’s property;
iv) that the Member shall be responsible for taking out insurance against fire, theft, damage, injury or any other cause at its own cost;
v) that the Company 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 the Member or any other person including but not limited to loss or damage caused by the installation of the Equipment, 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 negligence of RACV and/or its servants, agents or contractors or otherwise;
vi) that the Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
vii) that the Company will not be liable for any unavailability of the Equipment or Services caused by circumstances beyond the Company’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving RACV employees), Internet service provider failure or delay, Non-RACV Application, or denial of service attack.
viii) that the Company will not be responsible for any failure of the Service that is caused by an act or omission of the Member such as an incorrect use of an electricity smart switch.
b) These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Member as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Member shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
c) Notwithstanding clause 10)b) as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Member 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, the Company’s liability shall be limited:
i) in the case of Equipment to any one or more of the following as the company in its sole discretion may determine:
(1) the replacement of the Equipment;
(2) the repair of the Equipment;
(3) the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
(4) the cost of having the Equipment repaired; or
ii) in the case of Services to either of the following as the Company in its sole discretion may determine:
(1) the resupply of the services again;
(2) the cost having the services supplied again.
d) If notwithstanding the above the Company is found liable to the Member and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, 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.
e) The Company shall not be liable for any default or failure to perform its obligations under this Contract 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 of the Member including any interference with misuse, damage or abuse to the Equipment by the Member and/or other person, any failure by the Member to perform its obligations under Clause 10 hereof any/or any other circumstance beyond the control of the Company.
- Express Warranty of Equipment and Labour
a) In addition to any other rights and remedies available to the Member under the law, the Company warrants that the Equipment and labour supplied pursuant to this Monitoring Contract will be free of material defects for a period of 3 years from the date of initial installation (the Warranty Period)
b) The Member must inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to the Company if the Equipment or any part thereof is not in accordance with this Monitoring Contract.
c) If the Member experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact the Company as soon as possible to permit the Company to carry out the warranty work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by the Company at its option, at no cost to the Member.
d) The Member must notify the Company of the alleged defect by the Member contacting the Company by calling 13 27 56 or writing to RACV Home Security at level 2, 550 princes hwy noble park, 3174 upon the defect first coming to the Member’s attention
e) The Member acknowledges and agrees that the Equipment warranty provided under this clause 9 does not cover:
i) any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the 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 the Member’s negligence, fault, neglect, abuse or incorrect installation,
iv) connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Company’s control or that of the manufacturer;
v) any defect, fault, damage or malfunction caused by the Member’s failure to replace consumables required for the use and operation of the 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 Equipment by any person other than the Company
f) Warranty work will be performed when reasonably requested by the Member during business hours unless otherwise agreed. The Company will not be liable to the Member for any claims made for injury, loss or damage to any person, resulting from the Company’s failure to provide the warranty work if the Customer fails to give the Company access to the Member’s premises.
g) If, after the expiry of the Warranty Period, the Member requests (either in person, in writing or via telephone) the Company to diagnose and rectify a defect, fault or malfunction in the Equipment, the Company may charge the Member a fee for such diagnosis, rectification or advice at its standard rates.
- Professional Monitoring: Member’s Duties and Warranties
a) The Member shall give the Company written detailed instructions (“Member’s Instructions”) prior to Monitoring commencing. These Member’s Instructions may be varied with the Company’s agreement. Variations shall be in writing by the Member but the record kept by the Company will be conclusive evidence as to all oral variations.
b) The Member shall at its expense through the Company, or a qualified and licensed technician:
i) carry out regular testing of the Security System and fix defects without delay and maintain the Security System in accordance with Australian standards; and
ii) seek re-assessment of its security requirements if the use or layout of the Premises or the level of risk changes from that applying at the Date of Quotation.
c) The Member undertakes 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.
- The App
a) You may not:
i) use the App in a manner that violates any law or regulation, including but not limited to improperly conducting surveillance of any person.
ii) use the App in any way other than as permitted under this Agreement.
iii) attempt to modify or reverse engineer the App.
iv) sell, lease, licence or distribute the App to any other person.
b) You are entirely responsible for maintaining the confidentiality of your profile information, including your password, and for any and all activity under your profile. You agree to notify RACV immediately of any unauthorised use of your profile or password or other breach of security.
c) You are responsible for all scene and event settings within the App e.g. video.
d) You are fully responsible for all alarm events generated through the App (when you purchase this service) and for managing notifications associated with alarm events through the App.
e) You understand that all information, data, text, music, sound, photographs, videos, message or other materials created or generated by you when using the App(‘Generated Content’) are your responsibility.
f) You agree that RACV has no responsibility or liability for the deletion or failure to store any Generated Content and other communications maintained or transmitted during your use of the App
a) In order to use the Service 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 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 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 with services, to allow supply of 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) RACV 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 enhance and improve its services and to develop current and future services and functionality, and for other purposes of RACV's business. RACV 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 will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
c) RACV’s use of any Personal Information will at all times be governed by the Privacy Act 1988, together with any other relevant and applicable privacy legislation and RACV’s Privacy Charter.
d) RACV may also use your Personal Information to notify you about other products, services or special offers and your Information may be provided to RACV’s related bodies corporate for this purpose. You can request not to receive this information, request access to any Personal Information that RACV holds about you, or request a copy of the RACV Privacy Charter by calling RACV on 13 72 28.
- 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 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 is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
iii) RACV is not liable for any costs or charges incurred by you as a result of your use of the App.
- Sub Contractors
a) The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Member.
- Fees and Payments
a) The Company may request that the Member pay a deposit to prior to commencement of installation.
b) If installation occurs within 30 days of the deposit date, the unpaid balance of the total charge for Equipment and Installation is payable upon completion of the installation.
c) Where installation occurs more than 30 days from the deposit date, the Company may request that the Member make a progress payment for work done or deliveries made in connection with supply and/or installation of the Equipment. The Company will agree a progress payment plan with the Member in advance of installation work commencing.
d) If the Member defaults in making any of the above payments the Company may, in addition to its other remedies at law, cease installing the Equipment and/or may remove the Equipment. The Member shall bear any reasonable costs incurred by the Company as a consequence of the cessation and removal of the Equipment. Any deposit paid by the Member will be retained by the Company as reasonable reimbursement to the Company for the costs of installation.
e) 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 the Fair Trading Act 1999 (Vic.).
f) No reimbursements/refunds will be provided to customers for amounts below a dollar value equivalent to one month’s monitoring.
g) Following installation:
i) Fees for Monitoring Services or app access and alerts are payable in advance
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
h) If payment for monitoring and/or service response is in arrears at any time RACV shall not be bound to perform any or all of such services and may cease such services without notice to the Member
i) RACV may offset any overdue amounts against amounts paid in advance for monitoring services, with the term of monitoring reduced pro-rata for the set-off amount.
- 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 Alarm Response Options selected by the Member.
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 the Member or Member’s authorised representative, the Member authorises the Monitoring Station to take such action as considered necessary to ensure an appropriate response.
c) The Member shall pay for all services provided by the Company in response to alarms, whether those services are provided in accordance with the written or oral instruction of the Member, Member’s authorised representative or at the discretion of the Monitoring Station in accordance with Clause 12(b) at the rate of the Company or service provider/s.
d) If the premises are found to have been physically damaged and the Member or their 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 the Member agrees to pay the Company and/or its agent for the additional work at the Company’s rates.
e) The Monitoring Station must record all telephone conversations to or from its monitoring premises in compliance with AS 2201 and the Member expressly agrees to this condition.
- Patrol Response and Key Pick Up
a) If your system is being monitored, a patrol response may be required to attend in the event of an alarm activation. A separate charge is applicable for each patrol attendance. A key pick up service is available if you require patrols to hold keys to your premises. A separate charge may be applicable for this service.
- Service Limitations
a) RACV 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. The Member will be reasonably advised of any additional surcharges.The App may be limited by 3G speed and availability.
a) You may not assign, transfer or otherwise deal with the rights under this document without the prior written consent of RACV.
b) 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.