3 Welcome to NRMA Emergency Home Assist This document explains the terms and conditions of your NRMA Emergency Home Assist package, your NRMA Membership, the services provided by NRMA and your rights and obligations as an NRMA Member. We suggest you keep this document in a safe and accessible 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. Membership NRMA Emergency Home Assist is available to individuals who are Members of the NRMA. This document sets out the rights and obligations of being an NRMA Member. For subscribers of NRMA Emergency Home Assist who are existing Members, please note that your rights and obligations have not changed. Membership information is included in this document for completeness and for the benefit of new Members. What the current fees are: If you would like to find out what the current NRMA fees are (joining fees, subscription fees, Join and Assist and service fees), please visit or call us on How to contact us: If you need to speak to someone about your Membership, call Membership information is also provided on our website If you require a call-out to your home, call from anywhere in Australia for NRMA Emergency Home Assist. From time to time, NRMA may need to make changes to this document. Any such changes will be made in accordance with section 4 of these Terms and Conditions.
4 1 Glossary These Terms and Conditions use the following definitions: 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). Assistant means an employee, agent or contractor engaged by NRMA to provide NRMA Emergency Home Assist on behalf of NRMA. Constitution means the Constitution of the National Roads and Motorists Association Limited ABN , as amended from time to time. Emergency Call-out has the meaning given in section 2.1 of these Terms and Conditions. NRMA Emergency Home Assist means the services described in section 2 of these Terms and Conditions. Fixed Dwelling means a fixed and permanent residence, building, part of a building or structure which is selfcontained and lockable (e.g. house, unit, flat, garage or bungalow). Fixed Dwellings must be situated within the boundaries of the Nominated Property. Home Emergency means one or more of the incidents described in section 2.2 of these Terms and Conditions. Major Disasters means: earthquakes; (c) (d) (e) (f) (g) (h) (i) (j) 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; and use, existence or escape of any nuclear or radioactive material or any biological, chemical or nuclear pollution or contamination.
5 Major Structural Damage means damage to the structural or supporting details of a house such as beams, joists, trusses and rafters or major damage to roofing, wall cladding or glazing. Make-Safe Measures has the meaning given in section 2.1(i) of these Terms and Conditions. Member means any person who has agreed to become a Member of NRMA Motoring & Services, whose name is entered on the NRMA Register of Members, and who subscribes to NRMA Emergency Home Assist or any of the available Subscription packages. Membership means the rights of Members in respect of a Subscription. Nominated Property means any Property nominated for service by a Member in a Subscription and for which an annual fee has been paid for the period during which service is requested. NRMA, we, our, us means the National Roads and Motorists Association Limited ABN trading as NRMA Motoring & Services, and includes its officers, employees, agents and contractors. Owner Occupiers has the meaning given in section 3.2. Property means any residential owner occupied property including houses, duplexes, flats, units and apartments. Re-usable Materials has the meaning given in section 2.7 of these Terms and Conditions. Subscription means a subscription to Emergency Home Assist. Subscription Fee means the fee payable when you nominate a Property on a Subscription to receive NRMA Emergency Home Assist. Subscription Year means a period of 12 months commencing on the date on which your Subscription commences or is renewed. Terms and Conditions mean this document which is entitled the NRMA Emergency Home Assist Terms and Conditions. You, your means the Member or a person at your Nominated Property which is covered by a Subscription.
6 2 NRMA Emergency Home Assist 2.1 What is NRMA Emergency Home Assist? (c) (d) If you have a Home Emergency at your Nominated Property, we will dispatch an Assistant to your Nominated Property for a period of up to one hour to provide assistance (an Emergency Call-out). For Emergency Call-outs: (i) we will take measures to make your Nominated Property safe and secure, and minimise the possibility of further damage to your Nominated Property (Make-Safe Measures); (ii) in addition, we will repair the cause of the Home Emergency if the repairs are relatively straight forward and can be completed within an hour; and (iii) where we are unable to complete the required repairs within the time, we will inform you of potential options for completing any further repairs required. We may be constrained in carrying out repairs at your Nominated Property if: (i) we do not have the materials, components or equipment required to complete the repair; (ii) specialist brand-specific knowledge, equipment and/or components are required to complete the repair; (iii) we would need to destroy or demolish property, including walls, floors and ceilings, to complete the repair; or (iv) the damage or blockage of pipes has been caused by tree roots. you may request the Assistant attending your Nominated Property to arrange a quote on your behalf. However, any follow-up work performed after an Emergency Call-out does not form part of NRMA Emergency Home Assist. Those arrangements will be your responsibility (even if the follow-up work is performed by the Assistant).
7 2.2 Home Emergencies The Home Emergencies for which we provide Emergency Call-outs are limited to the following events: TYPE OF HOME EMERGENCY A damaged roof, gutter or downpipe causing an internal leak A blocked toilet, pipe or drain A burst tap or showerhead A burst pipe A broken or burst hot water system A broken heating or cooling system A blackout or power failure in the house. Being locked out of your house Broken door or window A gas leak DEFINITION Water leaking internally through the ceiling or walls A blocked toilet, pipe or drain that prevents smooth water flow, causing overflow or backup into the nearest outlet Inability to control water flow as the result of a burst tap or showerhead; causing significant water wastage, home or property damage. (Does not include replacement of washers) Physical breakage of a pipe or joint, resulting in significant water wastage, home or property damage Broken or damaged system as the result of a burst unit, gas or electrical problems, faulty components, or even just the inability to reignite the pilot light Broken or damaged system as the result of gas or electrical problems, faulty components, or inability to reignite pilot light Supply of power to all or part of the house has been disrupted. (Excludes area-wide blackouts) Unable to gain access to the home Where home safety or security is threatened as the result of damage to an external door or window such as broken glass, damaged locks, jammed doors or windows Internal or external gas leaks as the result of damaged gas appliances or leaking gas pipe lines
8 2.3 Service availability NRMA Emergency Home Assist is available for Home Emergencies 24 hours a day, every day of the year. There may be circumstances where we are delayed or impeded in providing NRMA Emergency Home Assist for reasons beyond our control. This is described in more detail in section 2.4 and 2.5 below. 2.4 Response times We will provide NRMA Emergency Home Assist for Home Emergencies as soon as practicable after receiving a request for assistance. We will use our best endeavours to arrive at your Nominated Property within an hour of the Emergency Call-out but cannot guarantee a response time, as this will depend on a variety of factors, including the location of your Nominated Property and the demand for NRMA Emergency Home Assist at that time. In particular, severe weather conditions or heavy rain may affect response times due to heavy demand in your area at that time. Where that occurs, we will provide assistance as quickly as practicable. 2.5 Service interruptions We may be delayed or impeded in providing NRMA Emergency Home Assist due to circumstances beyond our reasonable control, including Major Disasters; adverse weather conditions; unavailability of materials, parts, qualified personnel, equipment, fuel or other resources; and failures in telecommunications, satellite and global positioning systems (including any loss of coverage). In such circumstances, we will have no obligation to provide NRMA Emergency Home Assist, but may choose to use reasonable endeavours to minimise the impact of such circumstances. 2.6 Exclusion of replacement parts and materials NRMA Emergency Home Assist does not include the provision or replacement of: windows, doors, glass, tiles, carpets, fly screens and any other fittings, fixtures or ornamentation;
9 (c) (d) (e) (f) (g) (h) (i) fixed plumbing apparatus such as baths, sinks, taps or cisterns; roofing materials, roof gutters, curbing or drainpipes; galvanized pipes; gas cylinders or water tanks; power generators or motorised units; light fittings, switch boards or circuit breakers; door or window locks, handles, winders, remote controls, keys or key barrels; or other parts or materials with a total value of greater than $ Re-usable Materials used in implementing Make-Safe Measures (c) Some materials used in carrying out Make-Safe Measures may be re-usable (Re-usable Materials). All Re-usable Materials remain the property of the Assistant who attended your Nominated Property. You must make the Re-usable Materials available for collection by the Assistant once the cause of the Home Emergency has been repaired, but within a maximum period of 30 days following the Emergency Call-out. You must not wilfully damage, sell or loan the Re-usable Materials in your possession, or use them for any other purpose other than that for which they were provided. You are responsible for any loss or damage to the Re-usable Materials. 2.8 Property boundaries NRMA Emergency Home Assist only covers Home Emergencies within the property boundaries of your Nominated Property. NRMA Emergency Home Assist does not cover a Home Emergency to the extent that it occurs in or affects: any building, structure or land outside the boundaries of the Nominated Property, including public, council, shared or common property; or areas or equipment reasonably considered to be under the province and responsibility of utility providers, including gas or water meters, gas pipelines, electricity cables and grids, or water mains.
10 (c) In these circumstances, the Assistant will, where possible, assist you to contact the relevant public authority or service provider to report and arrange for the resolution of the problem. 2.9 Environmental risks and occupational health and safety Where we reasonably determine that there is: a real risk or danger to the life, health, safety or property of any person; or a real risk of causing significant damage to the environment, we may only be able to provide limited assistance, or may be unable to provide NRMA Emergency Home Assist at all. In such circumstances, we will refer the emergency to the appropriate authorities Nature of NRMA Emergency Home Assist NRMA Emergency Home Assist is not: (i) a replacement for home insurance; (ii) general maintenance, preventative or handyman services; or (iii) an emergency rescue or disaster response service. Where an emergency situation poses a risk to your personal safety or property, or the personal safety and property of any other person, you should first contact appropriate emergency or rescue services, such as the State Emergency Service (SES) or the 000 Emergency Service or the appropriate utility providers (e.g., your electricity or gas supplier, or your local water corporation) Exclusions from NRMA Emergency Home Assist NRMA Emergency Home Assist does not cover all of the following: (c) (d) Events which are not Home Emergencies; Replacement parts and materials (see section 2.6 above); Major Structural Damage; Area Wide Disruption to Essential Services;
11 (e) Disruption to essential services as the result of disconnection by the relevant authority or service provider; (f) Major Disasters (subject to the terms of section 2.5); (g) (h) (i) (j) (k) (l) Requests for general maintenance, preventative or handyman work (such as replacement of light globes or tap washers); Breakdown, loss or damage to portable appliances, saniflow toilets and other mechanical equipment; Damaged hedges, fences, gates or awnings; Failure of alarms, home security systems and CCTV; Damaged swimming pools including parts, components, pumps, motors and plumbing or filtration systems; Damaged solar power systems or components; (m) Damaged internal doors, shower screens or fly screens; or (n) Damaged garden appliances, sprinkler or watering systems. 3 NRMA Emergency Home Assist Subscriptions 3.1 Fees There is an annual Subscription Fee for NRMA Emergency Home Assist payable in full at the time of subscribing. All non-nrma Members are required to join NRMA to be eligible to purchase NRMA Emergency Home Assist. A joining fee applies for new Members. If you would like to find out what the current fees are (including joining fees, Subscription Fees, Join and Assist and service fees), please visit or call us on Who can subscribe to and receive NRMA Emergency Home Assist? Owners of residential properties (Owner Occupiers) may subscribe to NRMA Emergency Home Assist.
12 (c) Owner Occupiers may nominate authorised representatives who can request NRMA Emergency Home Assist. You can nominate authorised representatives by contacting us, and must tell us about any changes to nominated authorised representatives. Owner Occupiers and any authorised representatives must be 18 years of age or over. 3.3 Is your property eligible for a Subscription? Subscriptions are available only for owner occupied residential Properties (including houses, duplexes, flats, units and apartments). You cannot purchase a Subscription for any of the following types of properties: (i) non-residential properties; (ii) properties used for commercial, retail, office, industrial or professional purposes; (iii) properties used for commercial farming or agricultural purposes; (iv) portable, temporary or Non-Fixed Dwellings, buildings or structures such as caravans, trailers, campervans, recreational or other vehicles. 3.4 Which geographical areas are covered by NRMA Emergency Home Assist? NRMA Emergency Home Assist is available in suburbs and postcodes as determined by NRMA from time to time, having regard to the suburbs and postcodes of major regional centres which have populations of 10,000 or more which are located within 20km of the town centre. For details of these suburbs and postcodes, please visit or call How many properties does your Subscription cover? You may nominate one Property per Subscription to receive NRMA Emergency Home Assist. If you move or sell your Nominated Property, you may change the Property nominated under the Subscription by calling us on A maximum of one Property change will be accepted per Subscription Year.
13 3.6 How many times can you request assistance? Your Subscription entitles you to receive eight (8) Emergency Call-outs per Subscription Year. (c) (d) An Emergency Call-out will be debited from your Subscription entitlements if your Nominated Property is unattended when the Assistant arrives or if you advise us that emergency assistance is no longer required after an Assistant has already been dispatched. Unused Emergency Call-outs at the end of a Subscription Year may not be carried forward into the next Subscription Year. If you use up all your Emergency Call-outs in a Subscription Year, you will be required to pay a service fee at the time of each subsequent Emergency Call-out. 3.7 When do your entitlements under your Subscription begin? (c) (d) NRMA Emergency Home Assist becomes available 48 hours after you have purchased a Subscription. If you change your Nominated Property more than once within a Subscription Year, a 48 hour waiting period will apply after each change. If you require an Emergency Call-out and: (i) you have not notified us that your Nominated Property has changed; and (ii) you have changed your Nominated Property more than once within a Subscription Year, then you must pay a Join and Assist fee prior to receiving the NRMA Emergency Home Assist services. If you require an Emergency Call-out within 48 hours of purchasing a Subscription, you must pay a Join and Assist fee prior to receiving assistance. 3.8 Requesting NRMA Emergency Home Assist You, or your authorised representative, must be present at the Nominated Property when the Assistant arrives and while they provide the NRMA Emergency Home Assist. If the Nominated Property is not attended when the Assistant arrives, the assistance cannot be provided and
14 one call-out will be debited from your Subscription entitlement. Further call-outs relating to the same Home Emergency will be considered an additional, separate call-out. Where you or your authorised representative requires the assistance of a locksmith to enter the Nominated Property, satisfactory proof of identity must be provided to the Assistant. If you or your authorised representative cannot provide satisfactory proof of identity, the Assistant will not provide any assistance in gaining entry to the Nominated Property. 4 Changes to these Terms and Conditions and NRMA Emergency Home Assist You are bound by the latest version of the applicable NRMA Emergency Home Assist Terms and Conditions. These are available at or by calling We will notify you of any changes to the Terms and Conditions by placing a notice on our website. Where there are material changes to these Terms and Conditions that may adversely affect NRMA Members or limit the Member benefit provided under these Terms and Conditions, we will provide additional notice to you by way of the mailing address or address you have provided to NRMA. We will give at least one month s notice of such changes. 5 General Limitations 5.1 Method of service delivery The method of delivery of NRMA Emergency Home Assist, including the type of services and the choice of Assistant, is at the sole discretion of NRMA. 5.2 Limitation of liability All guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these Terms and Conditions are excluded to the maximum extent permitted by law:
15 (c) (d) (i) except as provided in paragraph below; and (ii) except where these Terms and Conditions expressly state otherwise. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances. If you believe that the NRMA Emergency Home Assist service received at your Nominated Property was defective and caused damage to your Nominated Property, please contact NRMA Emergency Home Assist on or provide your feedback through our website within 30 days following the Emergency Call-out. If NRMA Emergency Home Assist determines that the NRMA Emergency Home Assist was defective and has caused damage to your Nominated Property, NRMA Emergency Home Assist will repair the damage to your Nominated Property. This does not apply where the damage to your Nominated Property is caused by your modification or neglect or by your failure to complete any further repairs required to remedy the Home Emergency. Except where you direct NRMA Emergency Home Assist and the attending Assistant not to undertake any particular NRMA Emergency Home Assist, you are responsible for any loss or damage that you suffer in connection with: (i) any adverse impact on an existing insurance claim or subsequent insurance claim; or (ii) breaches of any obligations you owe to any other person, (iii) assistance provided to you through NRMA Emergency Home Assist.
16 (e) To the maximum extent permitted by law, NRMA will not be liable to any person in relation to claims for personal injury or damage to tangible property or for any indirect, special or consequential loss or damage suffered by any person under these Terms and Conditions. This applies to all claims, whether such claims are made in tort (including without limitation negligence), in equity, under statute or on any other basis. 6 Transfer, Cancellation and Suspension 6.1 Transfers of Subscriptions A Subscription Package can only be transferred in the case of deceased estate. Transfer of a Subscription Package in this situation can be made only at the request of the executor of the deceased estate. Transferring the Subscription Package means crediting the chosen recipient with the Member s remaining Subscription Package entitlements and service limits on a pro-rata basis. A recipient who is not already a Member must pay a joining fee and agree to be bound by the Constitution of NRMA and these Terms and Conditions. 6.2 Expiry and cancellation of Membership and Subscription Packages When does a Subscription lapse and a Membership expire? Each Subscription must be paid for by its expiry date. If the Subscription Fee is not paid on or before the expiry date, the Subscription will lapse. If all Subscription packages on a Membership lapse, the Membership will expire and all Membership benefits and entitlements will end. A Member who wants to re-join after their Membership has expired must pay a new joining fee as well as the Subscription Fee. Any Membership years accrued with the expired Membership cannot be credited to the new Membership. Cancelling your Membership and/or Subscription You may cancel your Membership and/or an individual Subscription at any time. A cancelled Subscription means that the Nominated Property will no longer receive NRMA Emergency Home Assist. You will not be entitled
17 to a refund except in specific circumstances (see the section entitled Refund Policy ). Only a person named on the Membership may request the cancellation of a Membership or Subscription. 6.3 Unpaid accounts If you have any unpaid accounts (including unpaid Join and Assist fees) or if a renewal is overdue at the time you make an Emergency Call-out, you will not be entitled to any Membership benefits (including NRMA Emergency Home Assist) until the accounts are paid in full. 6.4 Refund Policy Unless we are required by law to give a refund, fees paid to NRMA (including joining fees and Subscription fees) are non-refundable. 6.5 Renewing your Subscription We will send you a notice in writing at least 30 days prior to the expiry date of your Subscription. We may choose not to renew your Subscription by notifying you at least 30 days before the expiry of the current Subscription Year. 6.6 NRMA s right to suspend your NRMA Emergency Home Assist and cancel your Subscription We may refuse to provide NRMA Emergency Home Assist where: (i) in our reasonable opinion, you or any person at the Nominated Property is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous; or (ii) there are any payments owing to us under these Terms and Conditions (including any overdue fees for renewal of your subscription). We will not provide NRMA Emergency Home Assist until you make all such payments in full. We may cancel your Subscription immediately and without penalty where, in our reasonable opinion, you are acting in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous.
18 7 Membership of NRMA Motoring & Services 7.1 Who can become a Member? You can become a Member of NRMA Motoring & Services in your own name if you are a private individual who subscribes for NRMA Emergency Home Assist. Joint Memberships are allowed between spouses or defacto partners provided that each individual on a Joint Membership is over the age of Becoming a Member How to obtain your Membership There is an initial fee to join, plus an annual Subscription Fee for the nomination of your Property for NRMA Emergency Home Assist. Once these fees are receipted and validated you are recorded as a Member. You pay a joining fee only when you become a new Member of the NRMA. In some cases the joining fee may not apply. Subscription Fee A Subscription Fee is payable for each Nominated Property you nominate to receive NRMA Emergency Home Assist under a Subscription package. You can pay the Subscription Fee by credit card. (c) Current Fees For all the current NRMA fees payable in relation to NRMA Emergency Home Assist (including joining fees, product fees, Join and Assist and service fees), please visit or call us on Nominating Property Members can nominate one Property to receive NRMA Emergency Home Assist benefits for each Subscription purchased. To nominate a Property you must be the registered owner of that Property. You can purchase as many Subscriptions under your Membership as you like. 7.4 NRMA Member Card On becoming a Member, you will be issued with a NRMA Member Card. On purchasing a Subscription, Members will also receive a printed Membership schedule which lists their Nominated Properties.
19 7.5 Changing Membership details Who is authorised to make changes to a Membership? Only a person named on a Membership, a person with power of attorney or an executor may request a change to Membership details. However, payment of Membership fees may be made by a person other than the Member, provided that no changes are made to the Membership. Updating Membership details By becoming a Member, you are responsible for providing NRMA with your most current contact details. (c) Change of name Changing the name on a Membership is only allowed if the name has changed due to marriage or divorce or the name has been changed by deed poll or equivalent. Details will only be changed if proof is provided. (d) Membership years Membership must remain current for continuity of Member years and to participate in loyalty programs (see Expiry and cancellation of Membership and Subscription Packages for more information). (e) Crediting of Membership years Splitting a Joint Membership: If a Member wishes to split a Joint Membership, each of the individual Members is entitled to the number of Member years credited to the joint Membership immediately before it was separated. Deceased estate: The Membership years of a deceased Member may be credited only to the spouse or de-facto partner only at the request of the executor or trustee of the estate, under a Membership in the spouse s or defacto partner s own name. Other beneficiaries to whom the deceased Member s Subscription is transferred are not entitled to receive these Membership years. 8 Fair use policy It is important to us that all subscribers are able to access entitlements and our expectation is that subscribers will maintain their home in good order. Therefore, we reserve the right to limit or refuse to provide NRMA Emergency Home Assist where, in our reasonable opinion, your use of NRMA
20 Emergency Home Assist is excessive, unreasonable or not reasonably required in the circumstances. For example, it may be unreasonable for you to receive multiple Emergency Call-outs over a 4 week period for the same Home Emergency (for example, the same blocked toilet, pipe or drain). You are expected to take reasonable steps to resolve the underlying issue causing the fault. 9 General Any provision of these Terms and Conditions which is wholly or partially void or cannot be enforced will not apply to the extent that it is void or cannot be enforced. The remainder of these Terms and Conditions will continue to apply. 10 Constitution Your voting rights are governed by our Constitution. The Constitution sets out the rights of Members in relation to elections and meetings of Members, and deals with certain other aspects of Membership. On becoming Members, all Members agree to be bound by this Constitution.
21 (c) Please note that if the Subscription Fees on a Membership remain unpaid by the expiry date, then the Member s voting rights and entitlements may be affected as governed by the Constitution. Copies of the Constitution are available from us and online at 11 Annual Report and Corporate Communications 11.1 Notices of Meetings and Proxy Forms If you have nominated an electronic address or other electronic means as part of your application to be a Member or when renewing your Membership, we may use that electronic address to make electronic Member communications including sending you or informing you of the availability of notices of meetings of Members and proxy forms, materials relating to the election of directors, the NRMA annual report, the Members review and other company related information. No documents will be sent via . You will be ed a link to a secure website to view or download your documents, quickly and easily.