Terms and Conditions

My Homecare
Geneva Healthcare Limited

Effective 10th September 2018.

  1. INTRODUCTION
    1. These terms and conditions (Terms) apply to the use of My Homecare, an online portal provided by Geneva Healthcare Limited (referred to as we, us and our). My Homecare is intended to be used by our clients (or persons acting on behalf of our clients) and our support workers.
    2. My Homecare is intended to be used for the purpose of allowing our:
      1. clients to search our services and support workers, schedule appointments, communicate with us and our support workers, provide feedback and make payments for our services; and
      2. our support workers to check on scheduling, to communicate with our clients and us and to receive feedback from our clients,

      (the above being the Permitted Purposes).

    3. My Homecare is hosted by our hosting provider and made available to you as an online service via an internet browser or mobile app.
    4. These Terms set out the basis on which we will provide and support, and you may access and use, My Homecare. You must register before you can use my Homecare and you must accept these Terms as part of the registration process. By accessing and using My Homecare, you are deemed to have confirmed your acceptance of these Terms as a user of My Homecare (User).
  2. REGISTRATION
    1. To access and use My Homecare you must complete our registration process and create your account on My Homecare (Account). We reserve the right, at our absolute discretion, to decline your application for registration, in which case you will not be entitled to access or use My Homecare. If we accept your application for registration, you will receive confirmation by email (which will result in the formation of a contract between you and us).
    2. If you are a client receiving Government funding for your use of any of our services, some of the functionality of My Homecare may not be available to you until relevant funding confirmations have been received by us and we have been able to ensure that relevant details of the confirmed funding have been recorded against your Account.
    3. On the processing of your application for registration, we may associate with your Account other information we hold about you that we consider may be relevant to the services that you may require from us from time to time. For example, if you are an existing client of ours, we may associate with your Account information we hold about services we have provided to you previously.
    4. Once your Account is established, you acknowledge and agree that the Accounts of other Users may be linked with your Account. For example, where you are a client:
      1. if the person we have on our records as being your next of kin registers as an User, that next of kin will be automatically linked to your Account; or
      2. if you establish a support network of persons who manage and deliver your care (Support Network), you may invite other Users to join your Support Network and if they accept, they will be linked to your Account.
  3. YOUR INFORMATION
    1. In order for you to access and use My Homecare and/or for us to provide our services to you, we may require additional information about you and your requirements. You accordingly acknowledge and agree that we may from time to time require:
      1. information to be provided to us from third parties (for example, Government funding agencies who may be providing funding for all or any services we may be providing to you, or any healthcare professional you may be seeing); and
      2. information from you.
    2. You also acknowledge and agree that:
      1. if we require such information, you will provide it to us, or authorise us to obtain it from other sources, and sign such consents and authorisations that may be required in order for us to do so; and
      2. any refusal or delay to do so may result in us being unable to provide you with access to some or all features of My Homecare, and/or some or all of our services.
    3. You warrant that all information you submit as part of your application for registration, and any other information you provide to us is correct and accurate. You must notify us if any of the information provided to us by you or on your behalf ceases to be current and accurate.
    4. Your Account information may include:
      1. name;
      2. contact phone numbers;
      3. date of birth;
      4. gender;
      5. ethnicity;
      6. addresses (email, for care and postal);
      7. doctor’s details;
      8. next of kin details;
      9. skills needed from support workers;
      10. languages;
      11. diagnosis;
      12. funding information; and
      13. payment information, including your nominated credit card or debit card for payment of our services.
    5. You may update your information through My Homecare. We use third party service providers to process your payments through My Homecare. If you elect to pay for our services through My Homecare, you give us authorisation to charge your nominated credit card or debit card when payment is due for any amounts payable by you to us (including any applicable taxes and fees).
  4. GRANT OF RIGHT TO USE MY HOMECARE AND TERMS OF SERVICES
    1. Subject to these Terms, once you are registered as an User and you have a valid Account established, we grant you a non-exclusive, non-transferable, non-sub-licensable right to use My Homecare solely for the Permitted Purposes (refer to paragraph 1.2.
    2. If you use My Homecare to request any of our services and/or schedule appointments, you acknowledge and agree that those services and appointments will be subject to separate terms of service that are particular to those services. These are available from us [on request/here].
    3. If the cost of any of the services you request are not met through your Government funding entitlements, you may make payment for these services through My Homecare.
  5. OUR RESPONSIBILITIES
    1. Subject to these Terms, we will use reasonable endeavours to ensure My Homecare is available other than when we need to suspend or restrict access to My Homecare in order to carry out upgrades or other maintenance, or for operational or technical reasons. We do not guarantee that your access to, or use of, My Homecare will be uninterrupted, error-free or virus-free.
    2. We will do everything reasonably within our power to prevent unauthorised use or disclosure of the personal information about you that we hold. We will ensure your information is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, other misuse, unauthorised access, use, modification or disclosure. However, we do not warrant and cannot ensure the security of any information which you transmit to us and therefore any information which you transmit to us is transmitted at your own risk. You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.
    3. We will give advance notice of any planned My Homecare unavailability or outage by email or via the My Homecare platform.
  6. YOUR RESPONSIBILITIES
    1. You agree to:
      1. create and hold only one Account on My Homecare;
      2. comply with our reasonable instructions relating to the access to, and use of, My Homecare;
      3. take reasonable steps to ensure that all information you upload onto My Homecare is correct and accurate;
      4. keep any username and password for your Account secure and confidential and be responsible for all use of My Homecare through your username and password, and on your Account;
      5. comply with all applicable laws when accessing and using My Homecare; and
      6. notify us of any actual or suspected unauthorised use of your username and password to access My Homecare.
    2. When accessing or using My Homecare, you will not:
      1. sub-license, assign, transfer, lease, rent, distribute or resell My Homecare, or any rights to access or use My Homecare to any other person; or
      2. copy, reverse assemble or decompile, reproduce, translate, adapt, modify or create derivative works of My Homecare by any means or in any form without our prior written consent;
      3. attempt to gain unauthorised access to another User’s Account;
      4. upload, transmit, or distribute to or through My Homecare any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system, data or My Homecare;
      5. use My Homecare to harvest, collect, gather, or assemble information or data regarding My Homecare or other Users, except as permitted by these Terms, our Privacy Policy, or any other agreement between you and us;
      6. intentionally delete, or edit another User’s Account on My Homecare without that User’s authority or permission.
  7. THIRD PARTY WEBSITES
    1. We may from time to time make third party features, products and services available for use on My Homecare. Your use of such third party products and services are subject to compliance with the terms and conditions of the third party owners of the relevant features, products or services. The third party terms and conditions may, amongst other things, govern the ownership, use of, and access to the third party features, products or services.
    2. My Homecare may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with those third party websites.
  8. INTELLECTUAL PROPERTY AND MY HOMECARE CONTENT
    1. All intellectual property in or relating to My Homecare, including any new intellectual property developed by or on behalf of us in the course of providing My Homecare or supporting or maintaining My Homecare, is owned by us (or our licensors). Except as expressly provided in these Terms, you may not copy, modify, distribute, publish, transmit or otherwise exploit the content on My Homecare (Our Content).
    2. My Homecare is made available for the Permitted Purposes. From time to time Our Content may include general information that we consider will be of interest to some or all Users. You expressly acknowledge and agree that
      1. any such information is intended to be for general information purposes only, and you must make your own assessment of the suitability of the information for your own purposes;
      2. you are solely responsible for the actions you take in reliance on the information on, or accessed through My Homecare; and
      3. the information on, or accessed through My Homecare does not constitute professional advice (healthcare or otherwise), and should not be relied on as such.
    3. You may access, view, reproduce and print Our Content, provided that:
      1. where Our Content has been provided to you in connection with any of our product or services, you may access, view, reproduce, use and print Our Content only to the extent required for the Permitted Purpose; and
      2. you will only use Our Content for information, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in Our Content.
    4. Although we try to ensure Our Content is current, accurate and complete, we do not guarantee that Our Content will be current, accurate or completed when you access it. In addition, where Our Content includes User Content (see paragraph 9.2 below) we do not take any responsibility for, and we do not expressly or implicitly endorse, any of that content.
    5. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.
  9. USER CONTENT
    1. My Homecare may provide its Users the ability to submit or post reviews, opinions, feedback, ratings, comments, messages and other communications, as well as files, images, photographs, video and any other content or material submitted or posted to My Homecare (together, User Content) through messaging platforms or other communication facilities that may be offered on, or through, or in connection with My Homecare from time to time.
    2. You may contribute User Content on My Homecare. By submitting your User Content onto My Homecare you warrant that:
      1. you have the necessary rights, power, consent and authorisation required to submit the User Content, and to grant us rights to that User Content, in accordance with these Terms; and
      2. your User Content does not contain any content which infringes on another person’s intellectual property or which is offensive, obscene, defamatory, discriminatory, inappropriate or contrary to any applicable laws (including the Harmful Digital Communication Act 2015). In the event that you breach this paragraph, without limiting any of our other rights or remedies, we may remove the relevant content or files from My Homecare.
    3. If you contribute any User Content, you grant us a worldwide, royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, transferable licence to use, copy, edit, modify and adapt that User Content, including the right to make the User Content available for display, viewing, distribution, disclosure and publication on My Homecare and to advertise our services on other platforms. All rights, title and interests in anything created as a result of User Content, is and remains our property.
    4. You understand and agree that your User Content may be read by other Users without your knowledge.
    5. When you access User Content submitted by other Users, you acknowledge and agree that we do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content.
    6. User Content reflects the opinions of the User submitting it and may not reflect our opinion. We do not control or endorse any User Content, and specifically disclaim any liability concerning or relating to your contribution of, or your use of or reliance on, any User Content.
    7. We may at any time, at our sole discretion, delete, refuse to post, or remove User Content at any time and for any reason, including for a violation of these Terms.
  10. INDEMNITIES
    1. We will indemnify you against any direct loss, damages, costs and expenses suffered or incurred as a result of any third party claim against you that your use of My Homecare infringes any New Zealand patent or copyright of that third party. We will not be required to indemnify you under this paragraph if:
      1. the claim has arisen, in part or full, from misconduct, negligence or breach of these Terms by you;
      2. you fail to notify us in writing within 14 days of the claim arising;
      3. you fail to give us sole control of the defence of the claim and all related settlement negotiations; or
      4. you fail to give us assistance, information and authority necessary to defend and/or settle the claim.
    2. You will indemnify us against all direct and indirect loss, damages, costs and expenses suffered or incurred by us as a direct or indirect result of a breach of these Terms by you or in connection with any third party’s claim against us that our use of your User Content infringes on that third party’s intellectual property or is otherwise offensive, obscene, defamatory, discriminatory, inappropriate or contrary to any applicable laws.
  11. LIABILITY AND DISCLAIMERS
    1. To the extent permitted by law:
      1. all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of My Homecare or the content on or accessed through it; and
      2. we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of My Homecare or the content on or accessed through it.

      If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using My Homecare or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

  12. SUSPENSION AND TERMINATION
    1. We may suspend or terminate your access to and use of My Homecare and disable your Account if:
      1. you have committed a material breach of these Terms;
      2. violated any of our policies;
      3. you create a risk or legal exposure for us; or
      4. where we are permitted or required to do so under law.
    2. Where appropriate, we will notify you about the suspension of your Account or termination of your right to use My Homecare the next time you try to access Your Account.
    3. You may terminate your use of My Homecare at any time and for any reason by discontinuing your use of My Homecare.
    4. On termination of your use of My Homecare:
      1. we may, at our discretion, retain and subsequently at any time delete your User Content;
      2. the termination will be without prejudice to either your or our rights and remedies in respect of any breach of these Terms by the other, where the breach occurred before the termination; and
      3. paragraphs 8, 9, 10, 11, 12, and 13 together with those other provisions of these Terms which are incidental to, and required in order to give effect to those paragraphs, will remain in full force and effect.
  13. GOVERNING LAW AND JURISDICTION
    1. These Terms are governed by the laws of New Zealand and will be dealt with by New Zealand courts, and you agree to submit to the jurisdiction of the New Zealand courts.
  14. PERSONAL INFORMATION
    1. Our collection, retention, use, disclosure, access to and correction of any personal information relating to your Account will be governed by our Privacy Policy
  15. AMENDMENTS
    1. We may from time to time amend these Terms (at our absolute discretion) by providing notice of the amendments by email, on our website, and/or via My Homecare. By continuing to use My Homecare after any such amendment, you are deemed to have agreed to the amended Terms.
  16. ASSIGNMENT
    1. You may not assign or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms at our sole discretion.
  17. SEVERABILITY
    1. If any provision of these Terms is or becomes invalid or enforcement, that provision will be deemed deleted from these Terms. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
  18. WAIVER
    1. Any waiver by you or us of any rights or remedies under these Terms will be effective only if recorded in writing. No failure to enforce any provision of these Terms at any time, by either you or us, will in any way effect, limit or waiver your or our right to subsequently require strict compliance with these Terms.
  19. CONTACTING US
    1. If you have any questions or concerns in relation to My Homecare or these Terms, please contact us at: [Insert contact details].

Home & Community Support Services
CONSENT & AGREEMENT FOR SERVICES

This is a formal agreement between Geneva Healthcare Limited (incorporating Geneva Northlink) and you for the provision of Home Based Support Services that shall be provided as detailed in your service delivery plan.

This service is funded by your specific Needs Assessment agency (e.g. DHB, Ministry of Health or ACC) and will be effective for the duration specified in the referral documentation, unless otherwise cancelled by either party. (Refer Termination of Service below)  Any additional requirements may be arranged and paid for under a privately paid agreement with Geneva Healthcare Limited.

  1. Rights of the Client:

    Your rights as a person receiving services from a service provider form the basis for the service we provide.

    • You must be informed about your rights and responsibilities
    • You have the right to be treated with dignity and respect
    • Your knowledge and experience of disability must be respected
    • Your cultural and personal background, age, beliefs and values must be taken into account
    • You have the right to be consulted about decisions that affect you
    • You are entitled to receive information in a form that you can understand
    • Your privacy and confidentiality must be respected at all times
    • You have the right to have access to all the information about you held on file by Geneva Healthcare and to know how that information will be used.
    • You can refuse to have or withdraw from the service
    • You have the right to change your Support Worker or transfer to an alternative provider
    • You have the right to raise any concerns you have about the service and have them dealt with promptly
    • You have the right to nominate someone else to be your agent/advocate in dealing with Geneva Healthcare
    • You have the right to have access to an independent advocacy service or specify an Agent/advocate in dealing with Geneva Healthcare
  2. Responsibilities of the Client:
    • To make sure your Service Plan is available for the Support Worker to access.
    • To allow the Support Worker to follow the safe transfer/manual handling techniques and other safety critical elements of the Service Plan.
    • To provide a safe working environment for Support Workers and to ensure all equipment/appliances are supplied in safe working order. Please also refer to the Client Information Pack, Section “Your Responsibilities”.
    • To treat the Support Worker and other Geneva staff with courtesy and respect. Geneva does not tolerate any form of abuse or discrimination. All complaints of harassment, sexual or otherwise will be investigated.
    • Do not disclose any personal or unnecessary information to the Support Worker. If the Support Worker is a witness to any illegal activity, they are obligated to report this.
    • To sign the timesheet only if you believe it is a true and accurate reflection of the work/hours completed. Print your name clearly on the timesheet.
    • To inform Geneva if you will not be home at the arranged time so that we can make alternative arrangements.
    • Support Workers will not handle clients’ money or assist with the management of finances or property unless it has been specified on the Service Plan and approved by your Service / Clinical co-ordinator. Please also refer to the Client Information Pack, Section – “Shopping and Transport”.
    • To provide necessary equipment and cleaning products to enable the Support Workers to effectively carry out the required Home Help duties.
    • To provide the enablers and equipment identified to enable the Support Worker to effectively carry out the required Personal Care duties.
  3. Responsibilities of Geneva Healthcare Limited:
    • To provide the service specified in the service requisition received from the NASC agency and in compliance with relevant legislation, standards and service specifications.
    • To develop a service plan to meet the identified needs of the client.
    • To ensure the safety of the service by carrying out health and safety assessments at the initial visit and when the service is reviewed
    • With the client’s approval have family/whanau, caregivers and where necessary, health professionals involved in service planning,
    • To ensure privacy and confidentiality is maintained for all client information, and ensure it is only used for the purpose it was intended. Any information collected by the staff of Geneva Healthcare or Geneva Northlink to help in the provision of this service will be considered confidential and treated in accordance with the Privacy Act 1993.
  4. Termination of the Service:

    Either party may cancel this agreement at any time. Reasons for cancellation by you may include, dissatisfaction with the standard of services provided to you, you no longer require services or other personal reasons. If you wish to cancel this agreement or request your support be transferred to another provider, please contact your Care Coordinator. Reasons for cancellation by Geneva Healthcare may include; unsafe work conditions including but not limited to threats to an employee’s physical / mental / emotional wellbeing, abuse or discrimination of any kind, pending investigation by the service, repeated client non-attendance, the inability by the service to realistically meet client expectations after all avenues of compromise have been exhausted, or illegal activity taking place in the Support Worker’s presence. Cancellation of service is considered as a last resort when all alternative measures have been taken. Further detailed information is contained in the Client Information Pack.