Terms & Conditions

ARVIDA GOOD FRIENDS MEMBERSHIP TERMS AND CONDITIONS

Thanks for your interest in becoming a member of Arvida Good Friends. We – Good Friends (2020) Limited (we, us, our) – operate the Arvida Good Friends platform.

Our membership options are all detailed on our website – www.goodfriends.co.nz.

Take a moment to read our membership terms and conditions (Terms) set out below. We may vary the Terms by giving you one month’s notice.

These Terms apply to your membership and your use of our platform/app. Separate Care Terms apply when an Arvida Good Friends helper provides in-home help or nursing care to you (Services). Our Care Terms are available on our website.

MEMBERSHIP TERMS

1. What we do:

1.1 We provide you with the services outlined in your chosen membership plan.

1.2 We provide you with access to our Membership platform. You can use our platform to access, organise and manage the Services you need.

1.3 We may provide Services to you through helpers who are our employees or contractors - if we do the Care Terms will apply between you and us.

1.4 Alternatively, we may arrange for an independent contractor who works for themselves to provide you with the Services – if we do the Care Terms will apply between you and the independent helper providing the Services to you.

2. We are here to help: You can contact us at any time with any questions, complaints, comments or disputes you may have about our services or helpers.

3. We rely on the information you provide us: All information you provide to us needs to be true and complete. You will provide us with all relevant information regarding the Services you require and your health status. You need to tell us if this information changes.

4. Your safety is important: Your safety and the safety of those providing Services to you is important. This means:

4.1 we will take reasonable care to ensure your safety and the safety of our team members; and

4.2 you will comply with instructions and signs about health, safety and hygiene at our Living Well Centres or in our Arvida Good Friends Go vehicles.

5. Your behaviour is important:

5.1 You will always be courteous and respectful when interacting with anyone in the Arvida Good Friends team and other members;

5.2 You will comply with all laws when dealing with us or our members, and all rules we tell you about.

5.3 You mustn’t employ or engage an Arvida Good Friends helper or team member privately or through another provider while you are an Arvida Good Friends member. If the helper provided Services through us this obligation applies for 3 months after your membership ends.

6. Payment: You will pay us:

your weekly membership fee weekly in arrears; and

for any Services provided to you (plus GST) weekly in arrears – we manage payments of the Service fees to your helper.

    We will charge the fees to your nominated credit card or bank account using our direct debit authority. We will provide you with detailed invoices for Services you’ve received.

    7. Charges: You are responsible for any merchant surcharges for credit, debt or other payment card incurred in processing your payment.

    8. We may change the fees: We have the right to change your membership fee on 30 days’ notice to you.

    9. When you can end your membership: You can end your membership on 14 days’ written notice to us, once you have been a member for 6 weeks or more.

    10. When we can end or suspend your membership: We may end your membership at any time on 30 days’ notice to you. We may also end or suspend your membership by notice to you if you materially breach these Terms or the Care Terms.

    11. Warranties: The only promises we give you are those set out in the Terms or on our website. We call these ‘warranties and representations’. We don’t give you any other warranties or representations.

    12. Our liability: Our total liability to you in connection with these Terms, your membership, or provision of the Services by helpers is an amount equal to two times the membership fees you paid us in the previous 12 months. This limit applies regardless of the legal basis of our liability.

    13. We are not responsible for:

    13.1 any loss, damage or injury to you or your property;

    13.2 any failure or delay to perform any of our obligations, because of things beyond our control;

    13.3 any third parties we use when providing the membership services to you; or

    13.4 any of your indirect or consequential loss or damage.

    14. Privacy:

    14.1 We will collect, hold, use and disclose your personal information in accordance with our privacy policy, the Privacy Act 2020 and the Health Information Privacy Code 2020.

    14.2 You need to comply with our privacy policy, and you agree to us using your personal information as set out in our privacy policy (available on our website).

          ARVIDA GOOD FRIENDS CARE TERMS

          Welcome to the Arvida Good Friends membership programme. As a member you can organise an Arvida Good Friends helper to provide in-home help or nursing care to you (Services).

          The party providing the Services to you (we, us, our) is:

          • your helper – if your helper provides the Services to you in their own name;
          • the company that your helper works for - if your helper is an employee, or contractor of that company; or
          • Good Friends (2020) Limited (trading as Arvida Good Friends), if your helper is an Arvida Good Friends employee or contractor.

          Take a moment to read our care terms and conditions (Terms) set out below. These terms apply to any Services we provide to you.

          Separate Membership Terms apply between you and Arvida Good Friends for your Arvida Good Friends membership and your use of the Arvida Good Friends platform. The Membership Terms are available on the Arvida Good Friends’ website - www.goodfriends.co.nz.

          Care Terms

          1. What Services we provide:

          1.1 The Services available through your Arvida Good Friends membership are detailed on the Arvida Good Friends’ website – www.goodfriends.co.nz.

          1.2 Arvida Good Friends’ living well team will assess your needs and work with you to develop a help plan with Services that best meets your needs.

          1.3 We will only provide Services to you that are set out in your help plan. We may decline a request to provide Services to you.

          2. Changing the Services you receive:

          2.1 If you would like us to provide you with different Services, you can work with Arvida Good Friends’ living well team to change your help plan.

          2.2 Arvida Good Friends’ living well team will monitor and review your help plan. If Arvida Good Friends think it’s appropriate, Arvida Good Friends may change the Services we provide you until a full review of your help plan occurs.

          3. Scheduling Services: We will agree with you the days and times we will provide the Services to you (i.e. your Services schedule). We must agree to any changes your Service schedule. Any changes must be consistent with your help plan.

          4. Cancelling Services: If you cancel a Service visit by giving us less than 24 hours’ notice, we may choose to charge you for that visit. If you cancel a visit by giving us more than 24 hours’ notice, you will not be required to pay us for that visit.

          5. Standard of Services: We will provide the Services to you with due care, skill and diligence, at the times and locations agreed with you. We will comply with all relevant laws, regulations and codes of practice.

          6. Our behaviour: We will behave in a courteous and respectful manner to you. We will not manipulate, coerce or intimidate you. We will not use your information for personal / commercial gain or fraud.

          7. Service records: We will record each Service visit with you in the Arvida Good Friends platform, including any relevant information about your general health or wellness.

          8. You will assist us: You will provide us with any assistance we need to provide the Services to you. This includes any access to your home we need.

          9. We rely on the information you provide us: All information you provide to us needs to be true and complete. You will provide us with all relevant information regarding the Services you require and your health status and needs. You need to tell us if this information changes.

          10. Your health and safety: We will take reasonable care to ensure:

          10.1 your safety and the safety of our helpers; and

          10.2 that our (and our helpers’) acts or omissions do not negatively affect the health and safety of others.

          11. Your safety is important: This means:

          11.1 if we use your vehicle to provide Services - then your vehicle must be registered, fully insured, have a warrant of fitness and be roadworthy;

          11.2 your home must be safe and suitable for us and our helpers to access and visit to deliver Services;

          11.3 you will tell us about any relevant health and safety hazards or risks; and

          11.4 you will take all reasonable steps to prevent harm to us and our helpers.

          12. Your behaviour is important:

          12.1 You will always be courteous and respectful when interacting with us, your helper and the Arvida Good Friends living well team.

          12.2 You will comply with all laws when dealing with us or our helpers.

          12.3 You won’t employ or engage us or our helpers privately or through another provider while you are a Good Friends member – or for 3 months after your membership ends.

          13. Payment: You will pay us the agreed Service fees for providing the Services to you. We may change these fees with your agreement. Arvida Good Friends will manage your payment of the Service fees. These payment arrangements are set out in the Membership Terms.

          14. Making complaints: If you or your helper has a complaint or dispute we will aim to resolve the complaint directly (and will provide a copy of that complaint to the Arvida Good Friends living well team). If you are uncomfortable making any complaint directly to a helper, you may refer your complaint to the Arvida Good Friends’ living well team who can assist with seeking to resolve the complaint or dispute to all parties’ satisfaction.

          15. Arvida Good Friends’ rights to resolve disputes: Arvida Good Friends may engage an independent mediator or arbitrator to resolve any dispute. The terms of the mediation or arbitration will be determined by Arvida Good Friends. You and we will equally share the costs of resolving the dispute, unless the arbitrator determines otherwise. Arvida Good Friends may also suspend your membership or suspend us providing Services to you until the dispute is resolved to Arvida Good Friends’ satisfaction.

          16. When you can end these Terms: You may end these Terms on 14 days’ written notice to us, or if we materially breach these Terms.

          17. When we can end these Terms: We may end these Terms on 14 days’ notice to you. We may also end these Terms by notice to you if you materially breach these Terms.

          18. Other circumstances where these Terms will end: These Terms will immediately end where:

          18.1 your Arvida Good Friends membership ends for any reason, or our engagement with Arvida Good Friends ends for any reason; or

          18.2 Arvida Good Friends terminates these Terms based on any of its rights to do so.

          19. Warranties: The only promises we give you are those set out in the Terms. We call these ‘warranties and representations’. We don’t give you any other warranties or representations.

          20. Our liability: Our total liability to you in connection with these Terms or provision of the Services by us or our helpers is an amount equal to two times the Service fees you paid us in the previous 12 months. This limit applies regardless of the legal basis of our liability.

          21. We are not responsible for:

          21.1 any failure or delay to perform any of our obligations because of things beyond our control;

          21.2 any loss, damage or injury to you or your property;

          21.3 any of your indirect or consequential loss or damage.

          22. Confidentiality: We will keep confidential all information relating to, or acquired in connection with, you, these Terms and the Services. We will not disclose, or use, that information except to the extent required by law, required for us to perform our obligations under the Terms, or expressly authorised by Arvida Good Friends.

          23. Privacy: We will collect, hold, use and disclose your personal information in accordance with the Privacy Act 2020, the Health Information Privacy Code 2020 and any relevant Arvida Good Friends policies or procedures provided from time to time.

          24. Entire agreement: These Terms are the entire agreement between us and you in relation to your Services.

          25. Varying these Terms: Only Arvida Good Friends may vary these Terms. Arvida Good Friends may vary these Terms by notifying you and us of the amendments. If either of us informs Arvida Good Friends that we do not accept the amendments, then Arvida Good Friends may immediately terminate your membership and/or our Arvida Good Friends contract.

          26. Assignment: Any assignment or transfer of these Terms requires Arvida Good Friends’ approval (in its discretion).

          27. Arvida Good Friends can rely on these Terms: Even if Arvida Good Friends is not providing the Services it is important Arvida Good Friends can enforce these Terms to ensure both parties perform their roles under these Terms. Accordingly, you and we agree these Terms are also for Arvida Good Friends’ benefit and are enforceable by Arvida Good Friends for the purposes of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

          28. Independent contractors: We provide the Services to you as an independent contractor. No employment or similar type of relationship exists between you and us or between our helpers and you.