RACV Home Security Terms and Conditions

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 Service 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 reasonable 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 except where such damage is caused by the negligence of RACV Security, its employees, servants or agents.

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 (acting reasonably) 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).

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 You providing at least one (1) month's written notice.

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.

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, where you choose to submit a variation orally, the written record kept by RACV Security will be used as evidence by RACV as to that 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.

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.

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.

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 then, to the extent permitted 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.

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 13D.

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

b. By contacting IAL using the contact details set out in IAL's Master Privacy Policy at https://www.iag.com.au

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.

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.

A. Installation of Equipment may require a non-refundable deposit. If required, RACV Security will advise you of the amount of the deposit when you book Your installation.

Cancellation within 24 hours of installation may incur a cancellation fee, which may be taken from the deposit amount if available.

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 take payment via pre-agreed terms or will contact You by phone in order for you to make payment of the unpaid balance. RACV Security does not accept payment by cheque or cash.

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 materials and 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 after providing written notice to You that intends to do so and providing you with the option to pay the arreas.

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.

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.

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 related party of RACV Security.

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.

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 in accordance with section 20.

Equipment means Home Security and Smart Home equipment supplied by RACV Security to You under this Agreement including but not limited to panels, alarms, CCTV cameras, Smart Home cameras and other Smart Home equipment and devices

Home Security means traditional, monitored and patrolled home security equipment and services.

Home Security Services mean the installation, Monitoring Services, and home security patrol services (including the Wireless Service) supplied by RACV Security under this Agreement.

Maintenance means the maintenance of home security Equipment in accordance with Australian Standards or other applicable standards.

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 from time to time.

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.

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 You or your authorised contact.

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 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 Service means the Home Security Service option which uses a Helix wireless security panel and cameras and enables access to an App.

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 the 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).

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) (Monitoring Term).

B.       The Monitoring Term will be automatically extended for a further period of one year on each anniversary of the Effective Date 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 the 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.

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 the Your property;

            iv.    that 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.

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 at the discretion of the Monitoring Station in accordance with Section 11(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.

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. 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.

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 14(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 of the You including any interference with misuse, damage or abuse to the Equipment by the You and/ or other person, any failure by the You to perform Your obligations under this Agreement or any other circumstance beyond the control of RACV Security.

A.      In addition to any other rights and remedies available to You at law, RACV Security warrants that the Home Security Equipment and labour supplied pursuant to this Agreement will be free of material defects for a period of 3 years from the date of initial installation (the 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 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.         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.

E.         You acknowledge and agree that the Home Security Equipment warranty provided under this Section 12 does 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.      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 the RACV Security access to Your premises.

G.       If, after the expiry of the 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.

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 racv.com.au/privacy

A.       By providing RACV Security with Your personal information you consent to RACV Security:

            i.     collecting and using Your personal information for marketing purposes;

            ii.     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 11.

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:

            i.     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

            ii.     By contacting IAL using the contact details set out in IAL's Master Privacy Policy at www.iag.com.au

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 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.

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.

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 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.

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 App may be limited by network speed and availability.

A.       Where RACV Security must (because of legislative changes or similar unavoidable circumstances) alter 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/home/home-security/terms-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.

In these Terms and Conditions:

“App” means the Helix App, the SmartThing App and any other application software utilised in conjunction with the Equipment from time to time.

“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.

“Contract” means these terms and conditions which form a contract between you and the Company for the provision of the Services.

“Customer” (or “you”) means the person, or company to whom this agreement is addressed.

“Effective Date” means the date on which the Customer pays for Equipment or pays the deposit for Installation Services in accordance with section 12

“Equipment” means Monitored and Unmonitored Home Security equipment supplied by the Company under this Contract.

“Helix App” means the interactive security, video and smart home application previously available through the Company as part of the Wireless Service”

“Installation Services” means the services required to install Monitored or Unmonitored Equipment at the Installation Site by the Company.

“Installation Site” has the meaning given in clause 7(g).

“Maintenance” means the maintenance of home security equipment in accordance with Australian Standards.

"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.

“Monitoring” or “Monitored” means monitoring and actioning of alarm signals subject to the terms and conditions described herein.

“Monitored Equipment” means Home Security Equipment that is connected to the Monitoring Station and is Monitored.

“Monitored Premises” means a property which has Monitored Equipment and is Monitored.

“Monitoring Services” means the Monitoring of alarm signals provided by the Company.

 “Monitoring Station” means the Company’s station which monitors alarm signals.

Customer “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 Customer or an authorised contact.

“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.

“Patrol Response Services” means the home security patrol response services provided by the Company.

“Service” or “Services” means the Installation Services and Monitoring Services and Patrol Response Services supplied by the Company under this Agreement.

"SmartThings" means the Samsung SmartThings product sold and (in some cases) installed by RACV in accordance with this Contract.

"Unmonitored Equipment" means Home Security Equipment that is not connected to the Monitoring Station and is not Monitored

“Wireless Service” means the legacy Monitored Service option which uses a Helix wireless security panel and cameras and enables access to the Helix App.

a)      If you select Monitored Equipment and Monitoring Services as part of your home security package:

       i)       The Monitoring Services will commence on the Effective Date and will remain in force for an initial period of one year.

       ii)      The Monitoring Services will be automatically renewed on each anniversary of the Effective Date unless they are is terminated by written notice from the Customer at least one (1) month prior to the anniversary of the Effective Date.

       iii)    The Company may terminate the Monitoring Services immediately upon notice to the Customer where:

              (1)   the Customer is in breach of this Contract; or

              (2)   if the Customer 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.

       iv)    Where the Company terminates the Monitoring Services in accordance with clause 1(a)(iii) the Customer is responsible for the reasonable costs incurred by the Company to decommission the Monitored Equipment and Monitoring Services, together with any ongoing telephone call charges or other communication charges incurred by the Customer.

a)      Where the Company must (because of legislative changes or similar unavoidable circumstances) alter this Contract, the Customer agrees to adopt the new wording as at the date of the renewal of the Monitoring Services. Company will use reasonable endeavours to advise the Customer of any such change by posting notification of changes on its website at www.racv.com.au/home/home-security/terms-conditions.html

b)     The Company may increase the service fee rates for Monitoring Services /or service response by giving not less than 30 days written notice to the Customer. The Customer shall have the right to terminate the Monitoring Services 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 Monitoring 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 Customer of the Equipment (and installation thereof) or Services (or both) as set out in this 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); and

       ii)      The 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.

a)      In consideration of payment of the fees by the Customer, the Company agrees to supply the Equipment and Services in accordance with this Contract

b)     The Company will use all reasonable endeavours to deliver the Equipment by the time specified to the Customer. The Customer acknowledges and agrees that delivery dates or periods quoted by Company are estimates only and are subject to timely receipt of all Customer information, other material, and permits from the Customer necessary to allow the Company to proceed with the delivery of the Equipment. Company shall not be liable to the Customer 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 Customer 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 Customer 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 Customer’s premises and full use of the Customer’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 Customer 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 Customer expressly grants the Company and its agents the right to enter the Customer’s property and premises to remove such Equipment.

a)      If the Customer requires installation of SmartThings, the following pre-requisites must be present at the Installation Site for the Installation to be completed and SmartThings to operate effectively:

       i)       High speed broadband internet connection (minimum 1 Mbps upload recommended);

       ii)      Spare Ethernet port on your modem router;

       iii)    Available power point near your modem router; and

       iv)    Compatible smart device running Apple or Android refer link below for further details

              (1)  https://www.smartthings.com/smartthings-app

a)      If the Customer requires Installation Services, Company will install the Equipment at the nominated site on the nominated date.

b)     Installation of SmartThings is only offered in the Melbourne metro area (defined as premises in postcodes 3000 – 3210);

c)      The Customer must ensure that the Customer or their nominated representative is present at the Customer’s premises (Installation Site) while the Installation Services are being supplied;

d)     If the Customer has requested a SmartThings specialist to install SmartThings, they must ensure that the SmartThings App and a SmartThings account have been installed and setup by the Customer prior to the RACV SmartThings specialist attending the Installation Site.

e)     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 Customer to cancel this agreement or refuse to accept delivery and installation of the Equipment.

f)       Continuous supply of 240VAC power will be required at the Customer’s premises at the location of the control panel prior to installation.

g)      Customer 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. 

h)     Power to the modem is the responsibility of the Customer. 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 Customer back up the power supply with an uninterrupted power supply.  

i)       The Customer acknowledges that the Monitored 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. 4G) and that the Customer is responsible for all charges related to such communication.

j)       The Company hereby indemnifies the Customer 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 Installation Site.

a)      The Customer 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 Customer must notify the Company in advance of any unsafe condition at the Installation Site that may affect the delivery of the Installation Services at the Installation Site. The Company reserves the right to refuse to perform any work at the Installation Site (including without limitation Installation Services, maintenance, or warranty work) without any liability to the Customer, 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 Customer’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, Installation Services or other Services will not constitute a breach of this 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 Customer, 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 Services or renew the Monitoring Services if the Customer (or any person associated with the Customer) 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.

a)      The Customer acknowledges:

       i)       that the Equipment has been selected by the Customer in accordance with the Customer’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 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 Customer’s property;

       iv)    that the Customer 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 Customer 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 Company employees), Internet service provider failure or delay, Non- Company 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 Customer such as an incorrect use of an electricity smart switch.

b)     This Contract is 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 Customer as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Customer 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 1)b) as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Customer 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 Customer 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 Customer including any interference with misuse, damage or abuse to the Equipment by the Customer and/or other person, any failure by the Customer to perform its obligations under Clause 9 hereof any/or any other circumstance beyond the control of the Company.

a)      In addition to any other rights and remedies available to the Customer under the law, the Company warrants that the Equipment (other than SmartThings) and labour supplied pursuant to this Contract will be free of material defects for a period of 3 years from the date of initial installation). SmartThings will be subject to the Samsung warranty included with the relevant SmartThings product (the Warranty Period). The Customer 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 Contract.

b)     If the Customer 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 Customer.

c)      The Customer must notify the Company of the alleged defect by the Customer contacting the Company by calling 13 27 56 or writing to RACV Home Security at level 2, 550 Princes Highway Noble Park, 3174 upon the defect first coming to the Customer’s attention

d)     The Customer acknowledges and agrees that the Equipment warranty provided under this clause 10 does not cover:

       i)       (where a Customer has elected to install Unmonitored Equipment themselves rather than purchase Installation Services), any defect, fault, damage or malfunction to Equipment that is caused by the Customer when installing the Unmonitored Equipment.

       ii)      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;

       iii)    fair wear and tear;

       iv)    any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation,

       v)      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;

       vi)    any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or

       vii)   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

e)     Warranty work will be performed when reasonably requested by the Customer during business hours unless otherwise agreed. The Company will not be liable to the Customer 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 Customer’s premises.

f)       If, after the expiry of the Warranty Period, the Customer 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 Customer a fee for such diagnosis, rectification or advice at its standard rates.

a)      The Customer shall give the Company written detailed instructions (“Customer’s Instructions”) prior to Monitoring commencing. These Customer’s Instructions may be varied with the Company’s agreement. Variations shall be in writing by the Customer but the record kept by the Company will be conclusive evidence as to all oral variations.

b)     The Customer shall at its expense through the Company, or a qualified and licensed technician:

       i)       carry out regular testing of the Monitored Equipment and fix defects without delay and maintain the Monitored Equipment in accordance with Australian standards; and

       ii)      seek re-assessment of its security requirements if the use or layout of the Monitored Premises or the level of risk changes from that applying at the Date of Quotation.

a)      You may not:

       i)       use Apps in a manner that violates any law or regulation, including but not limited to improperly conducting surveillance of any person.

       ii)      use Apps in any way other than as permitted under this Agreement.

       iii)    attempt to modify or reverse engineer any App.

       iv)    sell, lease, licence or distribute an 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 an App e.g. video.

d)     You understand that all information, data, text, music, sound, photographs, videos, message or other materials created or generated by you when using an App (‘Generated Content’) are your responsibility.

e)     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 Services you agree to provide Personal Information about yourself and information about your home security needs (including location-based information and other data collected through an 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;

       v)      retain and use information collected from you 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, 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 Personal 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. 

a)      If you continue to utilise the Wireless Service, you acknowledge and agree that you do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the Helix App or any data and you may only use the Helix App for your own personal use.

b)     You acknowledge that the Wireless Service and Helix 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)      the Company is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,

       iii)    the Company is not liable for any costs or charges incurred by you as a result of your use of the Helix App.   

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 Customer.

a)      The Company may request that the Customer 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 Services is payable upon completion of the Installation Services.

c)      Where installation occurs more than 30 days from the deposit date, the Company may request that the Customer 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 Customer in advance of installation work commencing.

d)     If the Customer 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 Customer 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 Customer 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 Services or Patrol Response Services are 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 Customer.

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 Customer.

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 Customer or Customer’s authorised representative, the Customer authorises the Monitoring Station to take such action as considered necessary to ensure an appropriate response.

c)      The Customer 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 Customer, Customer’s authorised representative or at the discretion of the Monitoring Station in accordance with Clause 11(b) at the rate of the Company or service provider/s.

d)     If the premises are found to have been physically damaged and the Customer 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 Customer 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 Customer expressly agrees to this condition.

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.

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 Customer will be reasonably advised of any additional surcharges. Apps may be limited by 4G speed and availability.

a)      You may not assign, transfer or otherwise deal with the rights under this document without the prior written consent of the Company.

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.