Service and Product Terms and Conditions

IMPORTANT!

LIFE ASSURE PRODUCT AND SERVICE TERMS & CONDITIONS

Below are the contractual terms and conditions for your medical alert device and monitoring services (the “Terms & Conditions”). Please read carefully. By accepting and/or using the medical alert equipment and services provided to you by Life Assure, you agree to be legally bound by the within Terms & Conditions. If you do not agree with the below Terms & Conditions outlined within and therefore do not agree to be legally bound by such terms, you must notify Life Assure immediately and return the equipment unused.

PARTIES & DEFINITIONS

In these Terms & Conditions (also sometimes referred to herein as the “Agreement”), “Life Assure” refers to Life and Home Security Services Group Inc. and its affiliated companies and the “Subscriber” refers to the “Protected User(s)” listed on the Order Confirmation Form (collectively referred to herein as the “User”) and, if different, the “Payor” listed on the Order Confirmation Form (the “Payor”). For ease of reference, the Subscriber may sometimes be referred to as “you” or “your” and Life Assure will sometimes be referred to as “we,” “us,” or “our.” The obligations of the Subscriber are joint and several, meaning that each of the Payor and User is/are equally and individually responsible for the obligations of the Subscriber under these Terms & Conditions.

The “Medical Alert Program” (or the “Program”) refers to the program through which you have (i) selected and been provided with the “Equipment” (as defined below) and (ii) subscribed to the “Monitoring Services” (also referred to as the “Services,” as defined below).

AGREEMENT

Life Assure has agreed to provide the Subscriber with the Equipment and Monitoring Services, as defined below, on the condition that the Subscriber makes payments in a timely manner and agrees to be bound by the Terms & Conditions herein.

EFFECTIVE DATE

This Agreement is effective as of the date the order was placed and as recorded on the Order Confirmation Form (the “Effective Date”) and shall continue in effect until such time as the Agreement is terminated by one or both parties pursuant and subject to the terms and conditions contained herein.

EQUIPMENT

“Equipment” refers to the personal emergency response system, personal help buttons/transmitters, and any other accessories or devices/units provided to the Subscriber by Life Assure.

Save and except where you have selected the direct buy option, whereby you have purchased the Equipment from Life Assure (the “Direct Buy Option”), Life Assure at all times maintains ownership of the Equipment.

MONITORING SERVICES

“Monitoring Services” refers to the services provided by Life Assure and monitoring centre personnel (the “Operators”) at a monitoring centre designated and authorized by Life Assure (the “Monitoring Centre”) whereby the Operators at the Monitoring Centre alerts the 911 network as well as the persons designated by the Subscriber and listed on the Order Confirmation Form under ”Emergency Contacts”, or such other persons subsequently designated by the Subscriber and accepted by Life Assure from time to time (collectively, the “Responders”) upon receipt by the Operators of data or other communication from the Equipment reporting conditions that require assistance (a “Response Condition”).

THE MEDICAL ALERT PROGRAM IS INTENDED FOR NON-EMERGENT, NON-TIME-CRITICAL, INFORMATION AND COMMUNICATION OF ALERTS. THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE MEDICAL ALERT PROGRAM IS NOT INTENDED TO BE AND WILL NOT NECESSARILY BE 100% RELIABLE AND 100% AVAILABLE.

THE SUBSCRIBER AGREES THAT THEY WILL NOT RELY SOLELY ON THE MEDICAL ALERT PROGRAM FOR THEIR SAFETY, SECURITY, AND EMERGENCY NOTIFICATIONS AND THE SUBSCRIBER ACKNOWLEDGES THAT THE MEDICAL ALERT PROGRAM IS NOT CERTIFIED FOR EMERGENCY RESPONSE AND IS NOT A REPLACEMENT FOR EMERGENCY SERVICES, THE MEDICAL ALERT PROGRAM IS NOT PART OF ANY THIRD-PARTY MONITORED EMERGENCY SYSTEM FOR NOTIFYING OR DISPATCHING EMERGENCY SERVICES, AND THE MEDICAL ALERT PROGRAM SHOULD NOT AND CANNOT BE CONSIDERED A LIFESAVING SOLUTION FOR PEOPLE OR PROPERTY AT RISK.

TERM & PAYMENT

TERM. The term of your Monitoring Services and use of the Equipment under this Agreement is month-to-month beginning on the Effective Date and continuing for equal and successive month-to-month periods until terminated pursuant to this Agreement.

PAYMENT. The Subscriber understands that billing shall commence as of the Effective Date and that they will be charged to the payment method authorized on the Effective Date and as listed on the Order Confirmation Form, or such other payment method subsequently designated by the Subscriber and accepted by Life Assure from time to time, (i) in advance for payment of the Monitoring Service Fee in the amount stated on the Order Confirmation Form for the billing period and thereafter in such amount as is then in effect at the start of the billing period; (ii) for interest and Late Fees, if any (as defined below); and (iii) for any other amounts due under this Agreement, including without limitation, any replacement fees. All fees shall be subject to change upon notice to the Subscriber at least 30 days in advance of the next billing period. The Subscriber may extend this Agreement or change the payment terms thereof, subject to acceptance of such changes by Life Assure. The Subscriber will promptly notify Life Assure of any changes to a payment method authorized pursuant to this Agreement.

COMMENCEMENT OF SERVICES. Notwithstanding the above or any other provision of this Agreement, Life Assure does not guarantee the commencement of Monitoring Services by any particular date. Monitoring Services will commence only after: (i) all information required to be provided by the Subscriber is so provided to Life Assure and (ii) an acceptable test of the Equipment is received by the Monitoring Centre (see “Testing Equipment” below).

LATE FEES. If a payment is not made for any reason (including, but not limited to, due to an expired credit card or insufficient funds), you agree to pay Life Assure a late fee in the amount of $35.00 per late payment (the “Late Fees”). Balances that are over thirty (30) days past due will be subject to a monthly interest charge equal to 1.5% per month. In the event that, in Life Assure’s sole and absolute discretion, it becomes necessary for Life Assure to take legal action to collect payments due under this Agreement, the Subscriber agrees to reimburse Life Assure for all reasonable legal fees associated with such action.

CREDIT CARD EXTENSIONS. If a credit card company has extended the date of a credit card that is authorized as a payment method under this Agreement, the Subscriber authorizes Life Assure to update the credit card expiration date and continue billing the credit card.

ADDITIONAL SUBSCRIBER OBLIGATIONS

In addition to the other responsibilities set forth elsewhere in this Agreement, the Subscriber agrees as follows:

USER INFORMATION. On or before the Effective Date, the Subscriber will provide Life Assure with all information required by Life Assure and the Monitoring Centre to establish response procedures and notifications, including but not limited to the address and contact details of the User, lockbox and/or combination codes of the User, and the identity and contact details of any personal Responders that the Subscriber wishes to be notified in the event of a Response Condition (“User Information”).. Furthermore, the Subscriber will promptly inform Life Assure of any changes to the information provided in, or in connection with, this Agreement by contacting Life Assure’s Customer Care Department at 1-800-354-5706. In the event that contradictory information is provided by the Subscriber, Life Assure shall rely on the most recent information provided. By providing Life Assure with the information and contact details of a personal Responder, the Subscriber represents that the personal Responder has agreed to act as a responder.

VITAL MEDICAL INFORMATION. At the option of the Subscriber, the Subscriber may also provide Life Assure with vital medical information respecting the User (“Vital Medical Information”). It is the Subscriber’s responsibility to inform Life Assure of any changes to the Vital Medical Information provided and to ensure the accuracy and completeness of such information by contacting Life Assure’s Customer Care Department at 1-800-354-5706. Additional medical information should be displayed on the refrigerator or other accessible location. In the event that contradictory information is provided by the Subscriber, Life Assure shall rely on the most recent information provided.

By providing Life Assure with their User Information and their Vital Medical Information, the Subscriber authorizes Life Assure to provide this information to Responders (including the 911 network and any personal Responders) in the event of a Response Condition.

Only the Subscriber may make changes to the User Information and Vital Medical Information. Life Assure has the right to rely on the User Information and Vital Medical Information provided by the Subscriber without further inquiry.

IMPORTANT CHANGES. The Subscriber will notify Life Assure in writing at least two weeks prior to (a) changes of address or (b) changes of phone number(s).

SET UP. Upon receipt of the Equipment, the Subscriber will review the Quick Start Guide provided and Life Assure’s then published written instructions found on our support page found at www.lifeassure.com/product-support and will call Life Assure with any questions or concerns. The Subscriber will install and use the Equipment according to the written instructions as provided. The Subscriber is responsible for maintaining a suitable electrical and telephone service for installation and operation of the Equipment.

TESTING EQUIPMENT. SUBSCRIBER WILL TEST THE EQUIPMENT IMMEDIATELY AFTER INSTALLATION AND AT LEAST ONCE A MONTH DURING THE TERM OF THIS AGREEMENT TO CONFIRM THAT THE SYSTEM IS FUNCTIONING PROPERLY AND IS CONNECTING TO THE MONITORING CENTRE. To test your Equipment, press the button on each of the base unit and the pendant(s) (as applicable) and, when an Operator asks if you need help, simply tell them you are testing your Equipment.

DAMAGE/DESTROYED. The Subscriber will notify Life Assure immediately if they suspect that the Equipment is damaged or destroyed. The Subscriber will not attempt any repairs to the Equipment or otherwise alter the Equipment in any way, regardless as to whether the Equipment has been rented or purchased directly from Life Assure. If you suspect that the Equipment is damaged or destroyed, assume that the Monitoring Services may also be interrupted. See “Repair Service” for further guidance in the event of damage/destruction of Equipment.

RETURN EQUIPMENT. The Subscriber shall return, at their sole cost and expense, the Equipment to Life Assure undamaged and in good operating condition immediately upon termination of this Agreement for any reason. The Subscriber bears the risk of loss if the Equipment is destroyed, damaged, or not delivered to Life Assure for any reason whatsoever. If the Subscriber does not return the Equipment in accordance with this Agreement and/or the Equipment is returned damaged or not in good operating condition (in Life Assure’s sole discretion), the Subscriber will be required to pay a replacement fee to Life Assure for the Equipment. Replacement fees are subject to change from time to time. Current replacement fees are listed on Life Assure’s website at www.lifeassure.com/terms/replacement-costs/. Notwithstanding anything contained herein, this section does not apply to a Subscriber if they have purchased the Equipment through the Direct Buy Option.

RESTRICTIONS ON MONITORING SERVICES. You understand, acknowledge, and agree that certain laws, rules, regulations, policies and ordinances may affect your rights or ability to use the Equipment. You agree to obtain and maintain all licenses, permits and other authorizations or consents necessary for the installation and use of the Equipment and abide by all applicable laws, rules, regulations, policies, and ordinances when using the Equipment.

FALSE ALARMS. If Life Assure receives notification of a Response Condition for any reason, you shall pay (without reimbursement from Life Assure) and/or reimburse Life Assure, for any fines, fees, costs, expenses or penalties assessed against you or Life Assure by any court, governmental agency, or other applicable person, including any fees assessed against you or Life Assure as a result of any false alarms arising from your use and/or abuse of the Equipment. To avoid false alarms, the Equipment should be kept out of reach of children.

FORCED ENTRY DAMAGES. If Responders are sent to the User’s residence (or such other private residence) as a result of a Response Condition, you must provide prompt access to the residence to the Responders. In the event that Life Assure and/or the Responders are notified of a Response Condition and you fail to provide access to the residence (and there is no lock box and/or the Responders cannot locate the lock box within a reasonable time), you authorize the Responders to use forcible means to enter the residence and you waive, and agree to indemnify Life Assure against, any claims which may arise as a result of such forcible entry into the residence, including but not limited to claims for property damage, including where the Response Condition is determined to be a false alarm and/or where a Responder is sent to the User’s residence as a result of a Response Condition and the User is not home.

BATTERY. The Equipment requires adequate battery power to make an emergency call. YOU ARE RESPONSIBLE FOR ENSURING THAT THE EQUIPMENT’S BATTERY IS ADEQUETELY CHARGED AT ALL TIMES. Life Assure cannot and will not notify you if your battery is not adequately charged.

WARNINGS AND LIMITATIONS

RESPONSE CONDITIONS. After the Monitoring Centre receives a notification of a Response Condition and before alerting any Responders, an Operator may, in their sole and absolute discretion and without any liability, verify or attempt to verify the need to alert Responders by contacting or attempting to contact the User as many times as the Operator deems appropriate in their sole and absolute discretion. Based on information so received by the Operator (including, but not limited to, verbal advice from a Responder or anyone at the User’s residence to disregard the Response Condition), the Operator may, in their sole and absolute discretion and without any liability, decide not to alert Responders of a Response Condition or advise Responders to disregard a Response Condition.

CURRENT INFORMATION. The Monitoring Centre can only notify the persons you have identified as personal Responders at the telephone numbers that you have provided (see “User Information”). The Monitoring Centre’s only responsibility is to use every reasonable effort to notify the persons you have designated as Responders at the numbers you have provided. YOU MUST NOTIFY LIFE ASSURE IMMEDIATELY OF ANY CHANGES TO THE INFORMATION PROVIDED, SUCH AS A CHANGE OF YOURPHONE NUMBER, ADDRESS, DOOR CODES, PASS LOCKS, COMBINATION CODES, AS WELL AS CHANGES OF PHONE NUMBERS FOR YOUR PERSONAL RESPONDERS, OR THE MONITORING CENTER MAY NOT BE ABLE TO NOTIFY THEM IN THE EVENT OF A MEDICAL EMERGENCY. SIMILARLY, YOU MUST NOTIFY LIFE ASSURE OF ANY CHANGES TO THE VITAL MEDICAL INFORMATION PROVIDED TO LIFE ASSURE OR THE MONITORING CENTRE WILL NOT BE ABLE TO RELAY THIS INFORMATION TO RESPONDERS. LIFE ASSURE TAKES NO RESPONSIBILITY FOR ANY PROBLEMS ARISING AS A RESULT OF INACCURATE OR OUTDATED INFORMATION.

RESPONSE TIMES. LIFE ASSURE HAS NO CONTROL OVER RESPONSE TIMES FOR RESPONDERS. The Subscriber acknowledges that they may be able to reach Responders more quickly by telephone, including by calling the 911 network, and hereby release Life Assure and the Responders from all claims, losses, and damages that may arise from any delayed response.

USE OF TELEPHONE LINES AND SERVICES: The Subscriber acknowledge that the wired base station sends its signals using standard telephone lines which are wholly beyond the control of Life Assure. The Subscriber is responsible for ensuring that their telephone lines are in good working order. IN THE EVENT THAT YOUR TELEPHONE LINES ARE NOT OPERATIVE, YOUR TELEPHONE SERVICE IS INTERRUPTED OR DISCONNECTED, THE CIRCUITS ARE BUSY, OR AN EXTENSION TELEPHONE IS OFF THE HOOK, THE EQUIPMENT WILL NOT WORK UNTIL SERVICE/CONNECTION IS RESTORED. Life Assure will not know if your service is not working and therefor they cannot notify you or your Responders that your telephone service is out of order. If for any reason you are concerned that your telephone service has been disconnected, or you know that your telephone service was disconnected but has since been restored, you should test your Equipment to confirm.

Life Assure recommends using an RJ3IX or equivalent telephone jack to give the wired base station priority over other telephones in the premises, however, Life Assure is not responsible for supplying or installing an RJ3IX telephone jack. When the wired base station is using the telephone line to connect to the Monitoring Centre, any other telephones connected to that line will be disconnected and temporarily unavailable until the base station has released the phone line, including to call the 911 network. Therefore, the Subscriber may opt to have the Equipment connected to a second telephone line. If the Subscriber chooses to use a second phone line, the Subscriber must provide that number to the Life Assure in addition to the User’s primary home phone number. Please be aware that, although the Equipment is compatible with VoIP and DSL (if properly installed), those services have been found to be less reliable than standard telephone service and, accordingly, the use of standard telephone services is preferred. In addition, save and except for VoIP and DSL, other non-traditional telephone services may prevent the base unit from transmitting alarm signals or interfere with the telephone line-seizure feature of the alarm system (or both) and are not recommended. See the instructions provided for further information on integrating the wired base unit into your telephone system.

GLOBAL POSITIONING SYSTEMS (GPS), CELLULAR NETWORKS, AND LOCATION-BASED SERVICES (LBS). Some of the Services and Equipment rely on the availability of cellular network coverage, global positioning system (“GPS”) data, and/or network Location Based Services (LBS) to operate properly. These systems/services are provided by a third-party and cannot be controlled by Life Assure. GPS, cellular networks, and LBS can be affected by a wide range of factors including obstructions, metal objects in the vicinity, structures that block the signal from satellites, atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems and maintenance, system and public utility failures, acts of war, government actions, civil disturbances, terrorism and other factors and conditions. THERE IS ALWAYS A CHANCE THAT THESE SYSTEMS MAY FAIL TO OPERATE PROPERLY. Life Assure does not assume any liability for interruption of the Services due to the above causes and/or strikes, riots, sabotage, floods, storms, earthquakes, fires, power failure, interruption of telephone service, acts of God, or any other cause beyond Life Assure’s control, including the activities of the User. Life Assure assumes no liability for or relating to the delay, failure, interruption, or corruption of any voice call quality or data transmitted while using the Equipment nor for the accuracy or precision of location information it provides to the Responders. LIFE ASSURE IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE.

FALL DETECTION UNITS. While Life Assure’s fall detection system performs well, no such system is 100% reliable. In the event of a fall that causes actual or potential injury, the User should always press the call button manually if able. Moreover, please be aware that not all equipment provided by Life Assure contains fall detection technology. If you are unsure whether your Equipment contains fall detection technology, contact Life Assure Customer Care Department at 1-800-354-5706 to confirm.

MEDICAL ADVICE. The Equipment and the Monitoring Centre/Operators do not provide medical advice. The Subscriber should always consult their physician or another healthcare professional with any medical questions.

WATER-RESISTANT. The mobile personal help buttons/pendants supplied by Life Assure are water-resistant and should be worn in the shower and bath where slips and falls are more likely to occur, however, the pendant should not be submerged in water and must be towel dried after exposure to water.

REPAIR SERVICE. Following receipt of notice from the Subscriber that the Equipment has been damaged, destroyed, or is otherwise not functioning properly, Life Assure agrees, at its election, to replace or repair the Equipment. All repairs or replacements of the Equipment shall be performed only by Life Assure or its designated subcontractors. If required by Life Assure, the Subscriber shall return, at their sole expense, the damaged/destroyed Equipment to Life Assure. Life Assure makes no representation, promise, warranty or guarantee that there will be no interruption of service while the Equipment is being repaired or replaced. All payment obligations of the Subscriber shall continue without interruption while Equipment is being repaired or replaced. For further information on costs for repair/replacement, see Life Assure’s “Limited Warranty” below.

NOT INSURANCE. Life Assure is not an insurer. Life Assure’s fees are based solely upon the services Life Assure provides and as are outlined herein and is premised and conditioned upon Life Assure's limitation of liability and other rights arising under the risk allocation clauses contained in the Terms & Conditions. Accordingly, you should maintain insurance in an amount and with coverages sufficient to provide full and complete coverage for any loss, damage or expense that may be sustained by you, your family, or others who may be on or adjacent to the User’s premises, including medical insurance, disability insurance, life insurance and property insurance.

MAGNETS. THE EQUIPMENT CONTAINS STRONG MAGNETS WHICH MAY CAUSE PERMANENT DAMAGE TO HEALTH DEVICES SUSCEPTIBLE TO MAGNETIC FIELDS, CREDIT CARDS, COMPUTERS, WATERS, TVs, AND OTHER ELECTRONIC DEVICES. THESE STRONG MAGNETS SHOULD BE KEPT A MINIMUM OF 3 INCHES AWAY FROM HEALTH DEVICES SUSCEPTIBLE TO MAGNETIC FIELDS, FOR EXAMPLE PACEMAKERS, DEFIBRILLATORS, ETC. PLEASE CHECK WITH YOUR PHYSICIAN PRIOR TO USING THE EQUIPMENT. INDIVIDUALS WITH PACEMAKERS SHOULD REVIEW THEIR PACEMAKER MATERIALS REGARDING INTERACTION WITH CELL PHONES AND TAKE THE SAME RECOMMENDED PRECAUTIONS WITH THE EQUIPMENT.

LANYARDS. Some Equipment includes a lanyard designed to break away under certain conditions, however, any cord worn around the neck can pose a risk of strangulation, including the possibility of serious injury or death. The lanyard should be kept out of the reach of children.

TERMINATION

TERMINATION BY THE SUBSCRIBER. The Subscriber may terminate this Agreement at any time, without reason, by notifying Life Assure of their intention to terminate the Agreement and returning the Equipment. In the event of termination by the Subscriber, the Subscriber’s obligations under the Agreement, including without limitation their payment obligations, continue as provided until all of the Equipment is returned to Life Assure. Payments made to Life Assure will not be refunded or pro-rated in the event of termination by the Subscriber.

TERMINATION BY LIFE ASSURE FOR DEFAULT. In the event that a Subscriber breaches a term of this Agreement, misuses or damages the Equipment, and/or causes an excessive number of false alarms, Life Assure may terminate the Agreement upon giving ten (5) days notice to the Subscriber and, as a consequence of default, Life Assure may (i) retain all prepayments and (ii) charge the authorized payment method for all payments then due and payable, and Life Assure shall have no further obligation to perform under this Agreement. For greater certainty, the above-noted remedies are cumulative and concurrent and shall be in addition to each and every other right, power, and remedy available to Life Assure now or subsequently at law or in equity.

TERMINATION BY LIFE ASSURE WITHOUT REASON. Life Assure may terminate this Agreement at any time, without reason, upon thirty (30) days notice to the Subscriber. Where Life Assure terminates this Agreement notwithstanding that you have not breached your obligations herein, Life Assure will refund any unearned and prepaid service charges to the Subscriber provided that the Equipment is returned by the Subscriber within 30 days of notice of termination by Life Assure. Notwithstanding the above, if you do not return the Equipment within 30 days of notice of termination by Life Assure, the Subscriber will not be entitled to a refund for unearned and prepaid service charges.

TERMINATION OF MONITORING SERVICES. Life Assure’s obligation to provide Monitoring Services shall terminate automatically as of:

  • (a) the date that the Equipment is uninstalled at the Premises;
  • (b) five (5) days following Life Assure giving notice to the Subscriber of Life Assure’s intention to terminate the Agreement in the event of a breach of this Agreement by the Subscriber,
  • (c) thirty (30) days following Life Assure giving notice to the Subscriber of Life’s Assure’s intention to terminate the Agreement (without reason);

whichever occurs first.

SUSPENSION OR INTERRUPTION OF SERVICES. Notwithstanding any other provision of this Agreement, all of Life Assure's obligations will automatically be suspended without prior notice to you and you hereby waive all claims and release Life Assure for all liability, loss, damage and expense if (i) Life Assure cannot maintain or secure transmission privileges or (ii) the Monitoring Centre or such other necessary communications equipment or network is destroyed, damaged, or becomes inoperable or malfunctions for any reason whatsoever. In such event, Life Assure shall provide notice to the Subscriber of such interruption as soon as practicable and Life Assure may, at its option, terminate this Agreement effective immediately. In such event, the Subscriber shall be entitled to reimbursement of any unearned charges paid for the period of the suspension/termination on your timely request, however, this shall be the limit of Life Assure’s liability. A request for reimbursement of unearned charges is timely if it is made within forty-five (45) days following the interruption or termination of service.

PRIVACY

COMPANY APPOINTED AS YOUR AGENT. You appoint Life Assure as your agent to give information and direction to Responders, directly or via any subcontractor of Life Assure, as if done by you in your own right, concerning any and all matters arising out of or from the performance of Monitoring Services. You may revoke this authority by terminating this Agreement as provided herein. Notwithstanding any provision of this Agreement, no revocation or termination notice shall affect anything done by Life Assure (a) in reliance hereon or (b) prior to actual receipt by Life Assure of termination of this Agreement or revocation.

USE OF PERSONAL INFORMATION. You are providing Life Assure with Personal Information, as further defined in our Privacy Policy, so that Life Assure can provide the Monitoring Services. In order to provide the Monitoring Services, you acknowledge and agree that Life Assure may provide this Personal Information, which may also include your vital medical information, to the Monitoring Centre, Operators, Responders, and any other parties you have designated to receive this information. You also acknowledge and agree that Life Assure may notify all Responders and all other parties you have designated in the event of a Response Condition. Life Assure strives to protect the information you provide in accordance with federal and provincial regulations on data privacy and security. In order to comply, Life Assure may need to follow certain verification procedures prior to releasing confidential data.

USE OF LOCATION INFORMATION. Some of the Equipment uses GPS and/or network Location Based Services (LBS) in order to find the Subscriber’s location. By using the Equipment, the Subscriber consents to Life Assure, the Monitoring Centre, and their representatives and agents using this location information to provide assistance in the event of a Response Condition, including but not limited to, by providing the Subscriber’s location information to Responders.

CONSENT TO ELECTRONIC COMMUNICATIONS. The Monitoring Services require that Life Assure or the Monitoring Centre communicate with you, the Responders, and such other individuals as you have designated. Such communications may take different forms, including live telephone calls, pre-recorded telephone messages using an auto-dialer, an SMS or other form of text message, or some other form of electronic communications, including but not limited to e-mail (collectively, the “Communication Methods”). You hereby authorize Life Assure and the Monitoring Centre to communicate with you, the Responders, and such other individuals as you have designated using the contact details that you have provided and at Life Assure and the Monitoring Centre’s sole and absolute discretion. You are responsible for informing each person that Life Assure or the Monitoring Centre will communicate with them at the contact details that you have provided and obtain permission from such persons that Life Assure or the Monitoring Centre may (i) use any of the contact details that you provided to communicate with them, (ii) record such communications as set forth below. You also give Life Assure and its agents and representatives permission to use your contact information to communicate with you for all matters, including promotional and sales-related matter or collection matters from time-to-time. Life Assure is not responsible for any fees charged by your or any other parties’ communications service provider, including but not limited to text message fees or long-distance charges.

CONSENT TO RECORDING CALLS. All communications between Life Assure and you, your family, guests, agents, servants, representatives, and employees, relating to this Agreement, may, without further notice to you, be monitored and recorded to provide you with the Services and for quality assurance purposes. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives, and employees, hereby acknowledge and consent to all such monitoring and recording.

PRIVACY LEGISLATION. The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to information that you provide to Life Assure for the provision of services under this Agreement. Please refer to our Privacy Policy on our website www.lifeassure.com/privacy or you may request a copy of the policy by emailing Life Assure’s Privacy Officer at privacyofficer@lifeassure.com

GENERAL LIMITATION OF LIABILITY AND INDEMNIFICATION

LIMITATION OF LIABILITY. IF ANY CLAIM IS MADE OR LIABILITY IS ASSESSED AGAINST LIFE ASSURE, ANY OF ITS PRESENT OR FORMER DIRECT OR INDIRECT SHAREHOLDERS OR PARTNERS OR ANY PRESENT OR FORMER OFFICER, DIRECTOR, PARTNER, MEMBER, SHAREHOLDER, TRUSTEE, REPRESENTATIVE, AGENT, AFFILIATE, SUBSIDIARY, PREDECESSOR, SUCCESSOR, ASSIGN, BENEFICIARY, HEIR, EXECUTOR, INSURER, ATTORNEY, EMPLOYEE OR SUBCONTRACTOR (OR THE EMPLOYEE OR SUBCONTRACTOR OF ANY OF THEM) (COLLECTIVELY, THE “REPRESENTATIVES”) FOR ANY LOSS, DAMAGE, COST OR EXPENSE FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, FINE, ASSESSMENT OR ANY OTHER LOSS, DAMAGE, COST OR EXPENSE, INCLUDING ANY ECONOMIC LOSSES, OR OTHER LIABILITY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, AS A CONSEQUENCE OF, OR RESULTING FROM THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE BY LIFE ASSURE OR ANY OF ITS REPRESENTATIVES OF ITS OBLIGATIONS HEREUNDER, INCLUDING BUT NOT LIMITED TO THE (1) ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY OR ANY OF THE REPRESENTATIVES, WHETHER BEFORE OR AFTER THE SUBSCRIBER’S OR PAYER’S ACCEPTANCE OF THIS AGREEMENT, (2) IMPROPER OPERATION OF THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT OR LIFE ASSURE’S SYSTEM TO OPERATE, (3) BREACH OF CONTRACT, OR (4) ANY CLAIMS FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, ANY AND ALL SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00, COLLECTIVELY FOR THE COMPANY AND ITS REPRESENTATIVES. NEITHER LIFE ASSURE NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

WAIVER OF SUBROGATION. You waive any rights your insurance company or any other person may have to be reimbursed by Life Assure or the Representatives for money paid to you or on your behalf.

INDEMNIFICATION. If anyone other than you, including your insurance company, asks Life Assure or the Representatives to pay for any loss, damage, cost or expense (including but not limited to economic losses, property damage, personal injury, or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree of Life Assure or any of the Representatives, (2) the improper operation of the Equipment or the failure of the Equipment or Life Assure’s system to operate, (3) a breach of contract, or (4) any claims for subrogation, indemnification or contribution, the Subscriber agrees to defend, indemnify, and hold the Life Assure or its Representatives harmless (without any condition that Life Assure or the Representatives first pay) from any and all such loss, damage, cost and expense, including attorneys' fees, which may be asserted against or incurred by Life Assure or any of its Representatives in connection with any and all such claims to the fullest extent permitted by applicable law. Your duty to indemnify, including the cost and duty to defend and hold Life Assure and its Representatives harmless, shall include all of the Life Assure’s personnel­related costs, overhead, experts’ fees, legal fees, court costs and all related expenses incurred by the Company, including all fees and costs incurred in order to enforce and establish Life Assure’s rights under this indemnification provision.

Life Assure’s fees are based solely upon the services Life Assure provides and as are outlined herein and is premised and conditioned upon Life Assure's limitation of liability and other rights arising under the risk allocation clauses contained herein.

LIMITED WARRANTY. If the Equipment becomes inoperable due to a defect in materials, workmanship, or design, or if the battery on the transmitting device needs to be replaced, the Company shall replace or repair the Equipment at Life Assure’s own election and expense. This warranty is not assignable. You must notify Life Assure of any defect and return the Equipment to Life Assure so that warranty service may be rendered. This warranty does not cover damage caused by accident, vandalism, negligence or mistake, violation of the installation and use requirements, flood, water, lightning, fire, intrusion, abuse, misuse, acts of god, casualty (including electricity), attempted unauthorized repair service, modification or improper installation by anyone other than Life Assure or its authorized subcontractors, or any other cause (excluding ordinary wear and tear). In the event that the Equipment is damaged or destroyed for any of these reasons, the Subscriber shall be responsible for the cost of repair/replacement.

You acknowledge that, except as expressly set forth in this Agreement: (1) any affirmation of fact or promise made by Life Assure shall not be deemed to create an express warranty; (2) the Company does not make any representation or warranty, including any implied warranty of merchantability or fitness, that the Equipment or Monitoring Services may not be compromised or circumvented; (3) the Equipment or Monitoring Services will in all cases be used by you for the signaling, monitoring and response for which it was intended; (4) there are no express warranties that extend beyond those stated in this Agreement, (5) this warranty is only valid for the duration of the Agreement until termination, and (6) all implied warranties, if any, coincide with the duration of this warranty.

DISPUTE RESOLUTION

ARBITRATION. If any controversy or claim arises out of or relates to the Agreement or the breach thereof, either party may, upon notice to the other, submit the controversy or claim, including without limitation any issues arising from any claims under the Agreement or the requirement for arbitration, and all related questions or differences, to binding arbitration using the Canadian Arbitration Association (“CAA”) Commercial Arbitration Rules, using the Supplementary Procedures for Consumer ­Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall mutually agree to a single arbitrator. If they cannot agree on the identity of an arbitrator within 60 days after the notice of arbitration is received, either party may petition a court of applicable jurisdiction to appoint an arbitrator or submit a request to the CAA to appoint an arbitrator. The arbitration shall take place in Winnipeg, Manitoba and shall be governed by the laws of Canada and Manitoba.

GOVERNING LAW. This Agreement shall be governed by and construed according to the laws of the Manitoba without reference to its conflicts of law rules.

VENUE. Any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the Manitoba Court of King’s Bench. The Subscriber and Life Assure each consent to the exclusive jurisdiction and venue of the Manitoba Court of King’s Bench in any such suit and waive any objection you may have to the jurisdiction or venue of any such suit.

NO CLASS ACTIONS OR JURY TRIALS. No arbitration or claim brought under this Agreement may be maintained on behalf of a “class” of plaintiffs or multiple customers. The Subscriber and Life Assure waive the right to trial by jury in any suit, action or other legal proceeding in connection with this Agreement. This jury trial waiver cannot be revoked.

GENERAL CLAUSES

USE OF SUBCONTRACTORS. The Company may, in its sole and absolute discretion, subcontract for the provision of any services to be provided under this Agreement. The Subscriber acknowledges and agrees that the provisions of this Agreement shall inure to the benefit of, and are applicable to, any subcontractors engaged by Life Assure, including but not limited to the Monitoring Centre.

ASSIGNMENT. This Agreement is not assignable by you. This Agreement or any portion thereof is assignable by Life Assure in its sole discretion.

NO WAIVER. Any waiver of any breach of this Agreement by Life Assure shall not be construed as a waiver of any subsequent breach. Life Assure’s rights hereunder shall be cumulative, and any rights hereunder may be exercised concurrently or consecutively and shall include all remedies available even though not expressly referred to herein.

SEVERABILITY. If any provision of this Agreement, or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.

SURVIVAL. Following termination of this Agreement, the provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive.

HEADINGS & INTERPRETATION. The paragraph titles used herein are for convenience only and shall not be considered in interpreting the provisions of this Agreement. In this Agreement, the word “including” is not a word of limitation but means “including, without limitation or example.” The interpretation of this Agreement shall not be construed against the drafter.

ELECTRONIC TRANSMISSION AND SIGNATURE. A copy of this Agreement and any signatures and/or confirmations transmitted and delivered by facsimile or e­mail for the purposes of effecting the terms of this Agreement shall be considered originals for all purposes. Life Assure may scan or convert this Agreement into an electronic or digital file and a copy of this Agreement printed from such file shall be given the same legal force and effect as the original.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties concerning the Medical Alert Program and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, all of which are merged into this Agreement. NO PERSON ACTING ON LIFE ASSURE’S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSLY STATED IN THIS AGREEMENT. BY EXECUTING THIS AGREEMENT OR USING THE EQUIPMENT AND MONITORING SERVICES, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.

AMENDMENTS. From time to time, upon not less than thirty (30) days prior notice to you, Life Assure may modify this Agreement. Your continued use of the Equipment or payment of amounts due under this Agreement after the date specified in the notice shall constitute your acceptance of any amendments and you shall thereafter be bound by the terms of this Agreement as so amended.

 

 

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