Terms & Conditions

Terms & Conditions

This brochure is designed to help you make the most of ADA Home Assist (AHA)  by providing you with an easy to read guide to the terms and conditions applicable to AHA.

We suggest you keep this brochure in a safe place; that way whenever you need to use our services, you will have the necessary information on how we can assist you in a home emergency.

From time to time,
ADA may require changes to be made to its products in order to respond to changes in legislation
and other environmental factors. If the client considers, acting reasonably, that a change to the AHA product will have a serious detrimental effect on the Services supplied to the client by ADA, then the client may request that cancel the Services and the ADA agrees to refund the unused portion (pro- rata) of any Subscription Fee to the member.
Refunds will not be applied if service calls have been made by the member during the subscription period.
The client must have paid the subscription fee during the subscription year so that the client can benefit from the free service calls.

Availability

  • Customers can access AHA as an ADA Subscriber.
  • AHA is only available for residential properties of home owners .
  • AHA is available all around the island.
  • The AHA User must nominate one property for AHA Services per Subscription. This will be referred to as the Nominated Property for these Terms and The AHA Services are available for Home Emergencies occurring within the property boundaries of that Nominated Property.

AHA Subscription

  • By subscribing to AHA and accepting these terms and conditions, AHA Subscribers authorise to accept call Outs from  Permitted Persons and accept any risk associated with this authorisation, including the risk that their call out limit of 3     call outs per year may be exceeded and charges incurred (under Section 9).

Qualifying Period

  • Persons requiring assistance:
  • within 72 hours of becoming an AHA Subscriber; or

Proof of Identity and Validation of AHA User

AHA Users, or their Permitted Persons, must be present at the home during the time of Service provision.

Where an AHA User requires assistance to enter the Nominated Property, satisfactory proof of identity will be required by the AHA Service Provider.

Eligibility to receive AHA will be verified over the phone when the User requests Service.

If:
(a) eligibility cannot be verified over the phone; or
(b) an AHA Subscriber’s renewal fee remains unpaid and immediate assistance is required, a service surcharge may apply and be payable before Service is provided. The service surcharge may be refunded if eligibility to receive Service is later confirmed.
Provision of an AHA Service may be refused:
(a) where there is an outstanding amount due at the time of requesting Service; or
(b) the customer is unable to be verified as the home owner.

Nature of AHA

  •  Preventative or handyman
  • an emergency rescue or disaster response
    • Where a Home Emergency poses a risk to the personal safety and property of AHA Users and/or others, AHA Users should contact appropriate emergency or rescueAHA provides fast response assistance to AHA Users in the event of a Home On- site assistance is provided by skilled, experienced tradespeople who provide a combination of services including assessment, repairs and temporary procedures that make. the home safe and secure where full repairs are not practicable. Service also includes advice on any follow-up work required.

Home Emergencies

The following events are defined as ‘Home

Emergencies’ under AHA and will be provided to AHA Subscribers upon request

Service Availability

  • Subject to these Terms and Conditions, AHA Services are available 24 hours a day, every day of the year all around the island.
  • AHA Services will be provided as soon as practicable but a response time is not guaranteed and will vary, depending on location of home and demand for AHA Services, amongst other

Service Call Out Limits for AHA Subscribers

  • AHA Subscribers are entitled to receive up to 3 Service call outs (or “Service call credits”) per Subscription
  • One Service call credit will be deducted from available annual entitlements for each call for AHA Services. Unused Service call credits will not be carried over to a subsequent Subscription
  • A Service call credit will be deducted where an AHA Service Provider has been dispatched and:
  • the AHA Subscriber or other person over 18 years of age whose identity

has been agreed with ADA,  is not at the home when the AHA Service Provider arrives; or

  • the AHA Subscriber subsequently advises that assistance is no longer
    • Where an AHA Subscriber exhausts his/her Service call credit allowance in a particular Subscription Year or part thereof,

the ADA will (at ADA’s discretion):

  • impose a Service fee for further requests for AHA Services; and/or
  • suspend or limit provision of AHA Services to the AHA

Service Call Out Obligations

  • AHA provides up to one
    • hour of labour per call out from the time the AHA Service Provider arrives at the Nominated Property (“Service Period”).
  • Where Make Safe Procedures are required, the Service Period may be extended beyond one
    • hour if necessary for
  • The decision to repair or implement temporary measures (Make Safe Procedures) is at the sole discretion of the AHA Service Provider attending the Home Emergency and will

be determined during the Service Period.

  • The AHA User will be advised of any further work required, upon completion of the call

Where specialised or more extensive repairs are needed, the User may request the AHA Service Provider to arrange a quote on their  behalf.

  • Any repairs or procedures provided by the AHA Service Provider after the Service Period or provided by a third party are at the expense of the AHA
  • Where the AHA User requests the AHA Service Provider or a third party to do any work outside the Service Period, the arrangement will be

between the AHA User and the AHA Service Provider or the third party and will not involve ADA. ADA accepts no responsibility or liability for any work performed by the ADA Service Provider or by

any third party outside the Service Period.

Change of Nominated Residential Property Address

  • AHA Subscribers may nominate one property per subscription for AHA Services at anyone AHA Services will only be provided to the AHA Subscriber or their

representative, in respect of a Nominated Property.

  • Subscribers can change their AHA Nominated That is their subscription will be lost.

Repair and Make Safe Materials

  • AHA Services include the cost of minor parts and materials used in repairs or Make Safe Procedures that are readily available and carried by the AHA Service Provider during the Service

The cost of parts and materials used in follow up work outside the Service Period will be borne by the AHA User. (Refer to Condition 15: Parts and Materials, and Condition 18: Repair Limitations).

General Exclusions

  • AHA is not available for:
  • non-residential properties;
  • properties used for commercial, retail, office, industrial or professional purposes;
  • properties used for commercial farming or agricultural properties;
  • portable, temporary or non-Fixed Dwellings, buildings or structures such as caravans, trailers, campervans, recreational or other
    • Service is not available for or in response to:
    • Events which are not defined as Home Emergencies;
    • Major Structural Damage;
    • Area Wide Disruption to Essential Services;
    • disruption to essential services as a result of disconnection by the relevant authority;
    • Major Disasters or Events;
    • requests for general maintenance, preventative or handyman work (such as replacement of light globes or tap washers or dripping taps
    • breakdown, loss or damage to portable appliances, sanifloor toilets and other mechanical equipment;
    • damaged hedges, fences, gates or awnings;
    • failure of alarms, home security system sand CCTV;
    • damaged swimming pools including parts, components, pumps, motors and plumbing or filtration systems;
    • damaged solar power
    • damaged internal doors, shower screens or fly screens; or
    • damaged garden appliances, sprinkler or watering systems.

Property Boundaries

  • AHA does not extend to a Home Emergency that

occurs in or at or involves:

  • any building, structure or land outside the property boundaries of the Nominated Property address or lot such as public, council, shared or common property;
  • areas or equipment reasonably considered to be the province and responsibility of utility providers such as gas or water meters; gas pipelines, electricity cables and grids or water

Parts and Materials

  • AHA excludes the provision or replacement of:
  • windows, doors, glass, tiles, carpets, fly screens and any other fittings, fixtures or ornamentation;
  • fixed plumbing apparatus such as baths, sinks, taps or cisterns;
  • roofing materials, roof gutters, curbing or drainpipes;
  • galvanized pipes;
  • water tanks;
  • power generators or motorised units;
  • light fittings, switch boards and circuit breakers;
  • door or window locks, handles, winders, remote controls, keys or key b
  • barrels; and parts or components not readily available during the Service

General Limitations

  • The method of delivery of Services will be at the sole discretion of ADA, including without limitation regarding the

type, method or provider of the AHA Services.

  • ADA accepts no liability to any person in

connection with any advice given to the AHA User or any other person in the course of or in connection with the AHA Services.

  • If, notwithstanding the above, ADA is found to be liable to the AHA User and/or any other

person in connection with any advice given to the AHA User or any other person in the course of

or in connection with the AHA Services, ADA’s liability is limited to a sum not exceeding Rs 100,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.

  • ADA may amend, vary or withdraw any aspect of the AHA Services at any time and its maximum liability to each AHA Subscriber

in respect of same will be the refund of the unused portion (pro-rata) of the Subscription Fee paid

by the AHA Subscriber.

  • Where there is ambiguity, ADA is only liable to provide or pay for the services to the extent clearly and expressly

provided for in these Terms and Conditions.

  • ADA may accept liability for damage to a Nominated Property directly caused by the provision of the AHA Services to it where:
  • notice of that damage is given to ADA within 7 days of the AHA Services being provided; and
  • ADA is given an opportunity to inspect the home or property before further repairs are carried out and considers that

the damage was directly caused by negligence on the part of ADA in providing the service.

  • Notwithstanding the previous paragraph (section 6), ADA does not represent that any Nominated Property (or part thereof) to which

it provides Service will be, or will remain for any period of time, in working order, and accepts no liability to any person in connection with the AHA Services provided to a Nominated Property, including, without limitation, in connection with damage, accidents or injuries that may occur following AHA Services and whether in tort, contract or otherwise.

  • If, notwithstanding the above, ADA is found to be liable to the AHA User and/or any other person in connection with AHA Services provided to a Nominated Property, including, without limitation, in connection

ADA does not guarantee that AHA will entitle with damage, accidents or injuries that may occur following a call out and whether in tort, contract or otherwise, ADA’s liability is limited to a sum not exceeding Rs 100,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.

the AHA User to a level of service that matches or surpasses any other product or service provided by any other person.

  • ADA accepts no liability for performing repairs or Make Safe Procedures which would void a warranty, cause the AHA User to breach a contractual obligation or prejudice or adversely affect an existing or subsequent insurance claim or legal action involving the AHA It is the responsibility of the AHA User to advise the AHA Service Provider not to repair an item where doing so may void a warranty or cause the AHA User to breach a contractual obligation.
  • ADA will not be liable or in default for any failure or delay in providing AHA Services, either in whole or in part, where failure or delay arises directly

or indirectly out of causes beyond the reasonable control of ADA including, without limitation:

Major Disasters or Events, adverse

weather conditions, unavailability of materials, part, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems (including loss of

coverage in any or all of the Service areas); and otherwise where the relevant Service is not reasonably available.

  • To the extent permitted by law, ADA will not be liable to any person for any indirect, special or consequential loss or damage in connection with the AHA Services, whether in contract, tort (including negligence), statute or
  • ADA may refuse to provide any AHA Service where in the reasonable opinion of ADA or

the AHA Service Provider, the AHA User or any person at the Nominated Property is acting or behaving

in a manner that is inappropriate, improper, hostile, threatening

  • ADA may refuse to provide any AHA

Services where the AHA User has any payments owing to ADA under these Terms and Conditions until such payments have been paid by the AHA User.

Location and Accessibility

  • Where it is difficult to locate, determine or access the source of a problem, ability to repair or implement

Make Safe Procedures may be limited to what is reasonably practicable in the circumstances.

  • Where a problem occurs, originates or extends outside the boundaries of the property, repairs and Make Safe Procedures will be limited to work which can be carried out within the boundaries of the Nominated

Repair Limitations

  • Ability to fully repair a problem during the Service Period may be limited where the AHA Service Provider determines:
  • full repair is estimated to take longer than one

hour due to the complexity and magnitude of the problem (in which case the AHA Service Provider will implement Make Safe Procedures if possible);

  • materials, components or equipment required to resolve the problem are

not readily available at the time of the AHA Service;

  • specialist brand-specific knowledge, equipment and/or components are required to resolve a problem – for example, where heating and cooling specialists

are required or where specialist equipment such as water-jets or drain cameras are required;

  • the situation presents environmental, occupational health and safety risks to the AHA Service Provider such as wet roofs, 2-storey buildings (or where a building has a high- pitched roof) or where asbestos is present;
  • destruction or demolition of property including walls, floors and

ceilings is required; or

  • blocked or damaged pipes are the result of extensive root
    • Additional costs are applicable to repairs that are subject to Repair Limitations. Refer to clauses 4 to 10.6 for additional information.

Response Times

  • Severe weather conditions or heavy rain may affect AHA response times

and limit availability of appropriate tradespeople in the area at the time.

During such periods, ADA will provide assistance as quickly as practicable.

  • In the event of such conditions mentioned in section 1, assistance

may be limited to Make Safe Procedures aimed at reducing damage or loss.

Removal of Debris

  • AHA does not include removal of broken appliances, fallen trees, branches or other general debris

Environmental and Occupational Health & Safety

  • AHA will not be provided or may be limited where, in the opinion of the AHA Service Provider attending the Home Emergency,

There is a real risk of danger to the life, health, safety or property of any person or where this is a real risk of causing significant damage to the environment. This may include situations such as wet roofs generally,

2-storey buildings (or buildings with a high- pitched roof) or the presence of asbestos.

Transfer, Cancellation and Refunds

  • An AHA Subscription cannot be transferred or assigned by the AHA Subscriber to any other
  • The AHA Subscriber may cancel their subscription to AHA at any time by notifying ADA by telephone or mail.
  • ADA may cancel the AHA Subscriber’s subscription to AHA immediately and without penalty where,

in the reasonable

opinion of ADA, the AHA Subscriber has:

  • materially breached these Terms and Conditions and the breach has not been or cannot be remedied; or
  • acted in a manner that is inappropriate, improper, hostile, threatening, abusive or
    • Except as expressly set out in these Terms and Conditions, the AHA Subscriber is not entitled to a refund of any part

of the Subscription Fee upon cancellation of their subscription.

  • Subscription Fees may be refunded (in whole or in part) prior to the end of the subscription period in the following circumstances:
  • an AHA Subscriber’s Nominated Property is destroyed as the result of a Major Disaster or Event and declared

a total loss; or

  • during the current Subscription Year, a Subscriber sells the nominated property and provides satisfactory evidence of the sale (e.g. copy of Contract of Sale).
  • Refunds can only be offered when no service calls have been made in the Subscription
  • Refunds may be granted in other extraordinary circumstances (at ADA’s discretion).

Fair Use Policy

  • It is important to ADA that all AHA Users

are able to access entitlements and our expectation is that Users will maintain their home in good order. Therefore,

ADA reserves the right to limit or refuse to provide Services to an AHA Subscriber where, in the opinion of ADA, the User’s use of the Services is excessive, unreasonable or not reasonably required

by AHA Subscriber in the circumstances.

  • Circumstances that may constitute a breach include multiple service

calls for the same reason (e.g. a blocked toilet,

pipe or drain, unstable pilot light in heating systems). An AHA Subscriber is expected to take reasonable steps to resolve the underlying issue causing the fault

and a Pay Per Emergency

Customer acknowledges that they will be charged a Pay Per Emergency Fee for each call out (regardless of whether the same underlying issue causes the fault).

  • Without limiting the circumstances in which ADA may apply to this policy, ADA will apply this policy if any use of the Services or an entitlement by a User is considered to be fraudulent or adversely affects the provision of the Services to other

Consent to Photograph or Film Services

  • You agree that ADA may take photo or film of existing damage and the repair/make safe work provided as part of the provision of AHA Services. In doing so, ADA will ensure that any such photos and film do not identify you or your property without your specific

Glossary

Area Wide Disruption to Essential Services means where essential services in an area are

disrupted or affected due to an event or incident (e.g. where there is a power blackout affecting a street or suburb caused by electricity lines or the local electricity grid being down due to a major storm).

AHA

means the product or service named ADA Emergency Home Assist as described in these Terms and Conditions.

AHA Service or Services means the services associated with the events defined as ‘Home Emergencies’ under AHA and which can be provided to AHA Subscribers during their Subscription or to AHA Pay per Emergency Customers on a Pay Per Emergency basis.

AHA Service Provider means an employee, agent or contractor engaged

by ADA to provide the Services on its behalf.

AHA Subscriber or Subscriber means a person or managing agent who has paid the Subscription Fee to receive

an AHA Subscription and whose subscription has not expired or been cancelled.

AHA Subscription

means an annual subscription product providing access

to AHA for a Subscription Year following payment of a Subscription Fee

AHA User or User means either a AHA Subscriber.

Fixed Dwelling

means a fixed and permanent residence, building, part

of a building or structure which is self-contained and lockable; (e.g. house, unit, flat, garage or bungalow). Fixed Dwellings must be situated within the boundaries of

the Nominated Property.

Home Emergency/ies means one or more of the incidents set out in section 7 of these Terms and Conditions for which AHA Services can be provided.

Major Disasters or Events Include:

  • earthquakes
  • tornadoes, hurricanes or cyclones
  • explosions
  • fire
  • flood
    • political or industrial disturbances, riots or civil commotion
    • tsunami, tidal wave, storm surge, landslide
    • acts of terrorism
    • war
    • use, existence or escape of any nuclear or radioactive material or any biological, chemical or nuclear pollution or
  • Major Structural Damage means damage to the structural or supporting details of a house such as beams, joists, trusses and raftersor major damage to roofing, wall cladding or glazing.Make Safemeans to make a Home Emergency situation as safe as practicable by applying or implementing Make Safe Procedures.Make Safe Procedures means precautionary and temporary measures undertaken until furtherrepairs can be carried out. Such measures are used to contain a Home Emergency situation by reducing the risk of further damage occurring and creating as far as is reasonably practicable a secure and safe environment until further repairs can be carried out.Nominated  Property means a property eligible for AHA under these Terms andConditions that is nominated by the owner for Service under AHA Subscription or nominated for Service under AHA Pay per Emergency.Permitted Persons means the AHA User or residents, tenants or managing agents of the Nominated Property. The Permitted Person must be over 18 years of age.Service Periodhas the meanings given in section 10.1 and 10.2 of these Terms and Conditions.Subscription Fee means the annual fee or Instalment Paymentsdetermined by ADA from time to time that are payable by a person for receiving AHA Subscription.Subscription Yearmeans any 12 month period after the date a AHASubscription was purchased or renewed. This includes an annual subscriptionor a subscription paid in Instalment Payments.For Further InformationFurther information for this product, including these Terms and Conditions are available from our website ADA Services.com, orcan be obtained by calling  ADA-2113030.All complaints, disputes or feedback relating to ADA Emergency Home Assist should be directed as follows:By telephone:211 3030By mail:[email protected]

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