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User Agreement

User Agreement: Terms of Use, Security Policy and Privacy Policy.

HEALTH TAG PROGRAM TERMS OF USE

These Terms of Use (as the same may be modified from time to time) set forth the terms, conditions, and guidelines for use of the Health Tag  (“HealthTag”) Emergency Health Registry (the “Program”).  These Terms of Use constitute a legally binding contract between 2272464 Ontario Inc., an Ontario corporation carrying on business as Canadian Health Matters (“CHM”), and each person who is registered for or uses the Program (each such registered person being referred to as a “Subscriber” and all such registered persons being collectively referred to as “Subscribers”).  The Program shall include any service or product provided by CHM in connection with Health Tag, including, without limitation, membership cards, key fobs, stickers, and alphanumeric identifiers.  Registration for membership in the Program or activation of a Health Tag membership card constitutes acceptance of these Terms of Use:

 

1.  SUBSCRIBER BENEFITS. A card, key fobs and stickers (all collectively, ”Subscribership Card”) are issued to each Subscriber.  The Subscribership Card sets forth the unique alphanumeric identifier (“Health Tag Number”) assigned to the Subscriber in connection with the Program. The Program provides each Subscriber with the following benefits:

a.  Grant Emergency Medical Services Providers that are registered with the Program (“EMS Providers”) and other medical professionals that are registered with the Program (collectively with EMS Providers, the “Authorized Users”) with access to health information that is provided by a Subscriber through the Program.

b.  Other services, products and benefits as may be created and provided by CHM from time to time and in CHM’s sole discretion.

For a complete list of EMS and Hospitals that participate in the Program, visit www.canadianhealthmatters.com.

 

2.  SUBSCRIBER RESPONSIBILITIES.

a.  Each Subscriber is required to activate his or her account and provide a valid email address for participation in the Program.

b.  A Subscriber may then input a variety of information related to the Subscriber’s health, including, but not limited to, personal health information, emergency contact information, insurance provider information, physician, prescription and other information (collectively, “Subscriber Data”), and

c.  Each Subscriber agrees and acknowledges that he or she has the sole discretion with respect to the information that is included in Subscriber Data and that the Subscriber is solely responsible for the accuracy and completeness of the information included in the Subscriber Data and solely responsible for maintenance of the accuracy and completeness of Subscriber Data.

d.  Each Subscriber further agrees, acknowledges and recognizes that all Subscriber Data will be available to Authorized Users for possible use in providing emergency medical treatment.

 

3.  GENERAL TERMS AND CONDITIONS.

a.  Purchasing a one-year Health Tag membership and activating the Health Tag membership card are necessary to become a Subscriber, and renewing Health Tag membership on an annual basis is necessary to remain a Subscriber. Each person that registers himself or herself or any dependent or other party as a Subscriber must be a legal resident of the Canada and 18 years of age or older.  Each person that registers any dependent or other party as a Subscriber or that updates or supplements any information provided to the Program with respect to any dependent or other party represents and warrants to CHM that he or she has the power and authority to do so on behalf of such party and has obtained and provided all information submitted in compliance with applicable law. It is understood that these Terms of Use apply to all Subscribers, including, but not limited to, those Subscribers who are registered for the Program by another person.

b.  Health Tag memberships are nontransferable and may only be used by an individual Subscriber for such Subscriber’s personal benefit. In the event of an, EMS and Hospitals may request proper identification with regard to validating a Subscriber’s personal identity and Health Tag membership.

c.  Health Tag memberships are only available in Canada and are not yet available in any other location.

d.  CHM does offer refunds up to 7 days after the purchase of a membership from  www.canadianhealthmatters.com.

e.  CHM accepts credit cards and debit cards as forms of payment. If a credit card company is being used for a transaction, CHM may obtain a pre-approval from the credit card company for an amount up to the amount of the transaction. Billing to a credit card occurs at the time of purchase or shortly thereafter.

f.  CHM is not responsible for damaged, lost or stolen Health Tag membership cards.

h.  Each Subscriber is solely and fully responsible for maintaining accurate and up-to-date Subscriber Data. CHM shall not be responsible for the accuracy, completeness, or omission of any Subscriber Data.  Subscriber Data may be updated online at www.canadianhealthmatters.com by any person that inputs proper credentials to access the Program (including, but not limited to, a username and password).  Each Subscriber (and any person who may register a Subscriber) hereby agrees take reasonable steps and assumes full responsibility to safeguard the credentials for such Subscriber(s). CHM cannot and does not assume any responsibility or liability for access to a Subscriber’s Health Tag membership account by an unauthorized party using such Subscriber’s credentials or a Subscriber’s or any other person’s use or misuse of information transmitted or received under the Program. CHM shall not be responsible for Health Tag membership accounts that are unusable as a result of a Subscriber’s failure to provide or update the Subscriber’s personal information and/or renew the Subscriber’s Health Tag membership.  Each Subscriber acknowledges and consents to the use of all Subscriber Data by Authorized Users for the provision of emergency medical care.  CHM has no responsibility for any party’s reliance (or lack of reliance) on Subscriber Data or for any medical services or other actions taken by a party based on Subscriber Data.

i.  CHM may suspend or terminate a Subscriber’s use of the Program if the Subscriber fails to comply with these Terms of Use. Any suspension or termination of the Program or a Subscriber’s membership in the Program may delete the Subscriber’s information, files, and other previously available content.

 

4.  AUTO-REMINDERS.

a.  Subscribers will receive email messages from CHM on a bi-annual basis in order to remind them to update their personal information.

 

5.  AUTO RENEWAL.

a.  To maintain the ability to participate in the Program, ALL Subscribers must pay an annual membership fee.  Such membership fee is subject to change on an annual basis. For each Subscriber’s protection, the Subscriber’s Health Tag membership will automatically renew every 12 months unless the Subscriber indicates that the Subscriber does not wish to automatically renew Subscriber’s Health Tag membership during the initial registration process. Subscribers are responsible for updating their payment information (in the case of credit cards and debit cards, such information includes, but is not limited to, the expiration date) as necessary.

b.  CHM will notify each Subscriber at least 30 days prior to the date on which Subscriber’s annual membership fee is due.  Should the membership fee change, CHM will notify Subscriber at this time of the new membership fee for the upcoming year.

c.  If CHM is unable to fully process the membership renewal fee to a Subscriber’s account ten (10) days after such fee is due, the Subscriber’s membership and access to the Program will be terminated. CHM is not responsible and will be held harmless in the event a Subscriber or someone acting on the Subscriber’s behalf requests emergency medical services and responding EMS Providers are unable to access the Subscriber’s Subscriber Data due to lack of payment or expiration or termination of access to the Program. Any Subscriber who fails to keep his or her Subscriber Data up-to-date and accurate or fails to make timely payment of all required fees to CHM, resulting in the termination of Subscriber’s access to the Program assumes the full responsibility for any damages that may arise as a result of an Authorized User’s inability to access the Subscriber Data.  A Subscriber must cease using the Health Tag Subscribership Card upon any termination of his or her participation in the Program.

 

6.  SUBSCRIBER PRIVACY.

By becoming a Subscriber, each Subscriber agrees to terms and conditions as specified in the Health Tag Security Policy and Privacy Statement, which can be found at www.canadianhealthmatters.com.

 

7.  MODIFICATION AND TERMINATION.

CHM retains the right to modify the Program or these Terms of Use at any time and for any reason. Changes to the Program’s Terms of Use will be posted to the www.canadianhealthmatters.com website 15 days prior to the effective date of such revised Terms of Use. Continued use of the Program constitutes acceptance of any amendment to the Program and/or these Terms of Use. If a Subscriber does not agree to the modified Program and/or Terms of Use, the Subscriber shall immediately cease participation in the Program. The most current Terms of Use of the Program can be found at www.canadianhealthmatters.com. CHM may terminate the Program at any time through written notice sent to each Subscriber via email (Subscribers without email will be notified the next time they attempt to log into their Health Tag account at www.canadianhealthmatters.com). Upon termination of the Program for any reason, all Subscribers immediately forfeit all rights to access the Program, including, without limitation, their Health Tag account, or Subscriber Data. Subscribers may choose to terminate their participation in the Program at any time.  No membership fees shall be refunded in the event of termination of the Program by CHM or termination of participation in the Program by Subscriber.

 

8.  THIRD-PARTY SOFTWARE.

Each Subscriber agrees to use third-party software necessary for accessing the Program, including, but not limited to, “web browser” software that supports a data security protocol compatible with the protocol used by CHM. Until notified otherwise by CHM, each Subscriber agrees to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by CHM and to follow logon procedures for services that support such protocols. Each Subscriber agrees that CHM is not responsible for notifying Subscribers of any upgrades, fixes or enhancements to any such software.  Each Subscriber accepts and acknowledges that he or she is fully responsible for maintaining third-party software systems and security protections that are fully compliant with the Program.

 

9.  TRANSMISSION OF DATA.

CHM is committed to providing a high standard of Subscriber security and privacy as described in CHM’s Security Policy and Privacy Policy. Nevertheless, each Subscriber understands that the transmission of Subscriber Data is fundamentally necessary to the Subscriber’s use of the Program. Each Subscriber expressly consents to CHM’s interception and storage of Subscriber Data and to the provision of Subscriber Data to Authorized Users.  Each Subscriber acknowledges and understands that the transmission of Subscriber Data will involve transmission over the Internet, and over various networks not owned and/or operated by CHM; and that there are risks associated with the transmission of such Subscriber Data that is beyond CHM’s control. Each Subscriber acknowledges and understands that Subscriber Data may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Each Subscriber agrees that CHM is not responsible for any Subscriber Data which is delayed, lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by CHM, including, but not limited to, the Internet.

 

10.  LINKS/THIRD-PARTY DATA.

CHM may provide from time to time, or third parties may provide, links to other websites or resources that CHM deems, in its sole discretion, useful, informative, or beneficial to Subscribers.  Such links are provided solely for Subscriber’s benefit and CHM has no control over such sites and resources. Each Subscriber agrees that CHM is not responsible for the availability of such external sites or resources, or the information included therein and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

 

11.  GOVERNING LAW.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein. If any term or provision of these Terms of Use or an application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such term or provision to persons or circumstances other than those as to whom or to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of these Terms of Use shall be valid and enforceable to the full extent permitted by law.

 

12.  NO WARRANTY.

CHM, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS MAKE NO WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM, USE OF THE PROGRAM BY SUBSCRIBERS OR AUTHORIZED USERS, OR ANY PRODUCTS OR SERVICES RELATED THERETO.  EACH SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SUBSCRIBER DATA WILL BE DISCLOSED TO AUTHORIZED USERS IN THE PROVISION OF MEDICAL CARE AND THAT CHM HAS NO CONTROL OR PARTICIPATION OVER AUTHORIZED USER’S USE OF SUBSCRIBER DATA IN ANY WAY OR THE TRANSFER OF SUBSCRIBER DATA FROM AUTHORIZED USERS TO OTHER AUTHORIZED USERS OR MEDICAL PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, INCLUSION OF SUBSCRIBER DATA IN RECORDS MAINTAINED BY AUTHORIZED USERS OR MEDICAL PROFESSIONALS.

 

13.  RELEASE OF LIABILITY.

EACH SUBSCRIBER HEREBY RELEASES CHM, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS FROM AND AGAINST ANY AND ALL LIABILITY RELATING TO THE SUBSCRIBER’S HEALTH TAG MEMBERSHIP, THE PROGRAM OR THESE TERMS OF USE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

14.  LIMITATIONS OF LIABILITY.

EACH SUBSCRIBER AGREES THAT THE CONSIDERATION WHICH CHM IS CHARGING FOR PARTICIPATION IN THE PROGRAM DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY CHM OF THE RISK OF THE SUBSCRIBER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CHM BE LIABLE TO A SUBSCRIBER OR ANY OTHER PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OR DISCLOSURE OF SUBSCRIBER DATA ) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE (INCLUDING TORTS), OR ANY OTHER LEGAL CAUSE OF ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW ARISING FROM OR IN CONNECTION WITH THE PROGRAM OR ANY AUTHORIZED USER’S USE OR DISCLOSURE OF SUBSCRIBER DATA. EACH SUBSCRIBER ACCEPTS AND ACKNOWLEDGES THAT CHM IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF SUBSCRIBER DATA, AND THAT SUBSCRIBER IS SOLELY RESPONSIBLE FOR MAINTAINING ACCURACE AND UP-TO-DATE INFORMATION IN THE PROGRAM AND WITH ALL MEDICAL PROVIDERS.  In the event that the release provided in Section 13 above is invalidated or limited for any reason, it is understood that the maximum liability of CHM to any Subscriber arising out of or in the connection with the Program, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, or otherwise, shall in no case exceed the amount of fees paid to CHM by or on behalf of such Subscriber during the immediately preceding 12-month period. The essential purpose of this provision is to limit the potential liability of CHM arising from the Program. Each Subscriber acknowledges that the limitations set forth in this provision are integral to the amount of fees charged in connection with the Program and that, were CHM to assume any further liability other than as set forth in this provision, such fees would of necessity be set substantially higher.

 

15.  INDEMNITY.

EACH SUBSCRIBER AGREES TO DEFEND, INDEMNIFY, AND HOLD CHM, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES) RESULTING FROM, OR ALLEGED TO RESULT FROM, THE SUBSCRIBER’S VIOLATION OF THESE TERMS OF USE.

 

16.  Assignments.

CHM may assign a Subscriber’s rights under the Program with or without notice to such Subscriber.  A Subscriber may not transfer any of his or her rights under the Program to anyone else, either temporarily or permanently.  The Program is solely for the benefit of the Subscribers and CHM.  It is not for the benefit of any other person.

 

17.  Complete Agreement. 

These Terms and Conditions and CHM’s Security Policy and Privacy Policy constitute the entire agreement between each Subscriber and CHM with respect to the use of the Program.  In the event of any conflict between CHM’s Security Policy and Privacy Policy and these Terms of Use, these Terms of Use shall prevail. Any provision of these Terms of Use which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.