Terms of Use – End User

The following End User Terms of Use came into effect September 22, 2018, replacing ePACT’s previous Terms of Use.

The following end user terms of use (the “Terms of Use”), together with the ePACT Privacy Policy govern your access to and use of: (a) our website located at www.epactnetwork.com (the “ePACT Website”); (b) our platform that enables registered users to develop support networks of family, friends, caregivers and organizations, and to access, store, and share information for greater interaction and preparation in the event of an Emergency (as defined below) (the “ePACT SaaS Services”); and (c) any mobile device software provided by us to you through the Apple App Store or Google Play, including our mobile application titled, “ePACT Admin” (the “ePACT Mobile Applications”); and (d) all other content, products or services provided by us to you, as more particularly described on the ePACT Website (collectively, the “Services”).

These Terms of Use form an agreement between you and ePACT Network Ltd. (“ePACT”, “we” or “our”, and ePACT and you, the “Parties” and each, a “Party”). The term “you” refers to the person visiting, browsing, accessing, downloading, installing or otherwise using the Services.

You must be 18 years old or the age of majority in your jurisdiction in order to CREATE AN ACCOUNT ON THE SERVICES. If you are under 18 years old or the age of majority in your jurisdiction, then you WILL NOT USE THE SERVICES (UNLESS YOU HAVE THE CONSENT OF YOUR PARENTS OR GUARDIANS, WHO WILL BE RESPONSIBLE FOR YOUR USE).

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 8, THE DATE YOU FIRST USE THE SERVICES (THE “effective date”). IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE SERVICES.

1. Use of the ePACT SaaS Services

(a) The ePACT SaaS Services may be made available by us to you to: (i) build support networks of family, friends, caregivers and organizations; (ii) access, store and share information, including personal health information; (iii) access communication tools for greater interaction and preparation in the event of an Emergency; and (d) enable authorized administrators on behalf of a person, individual, entity or organization registered with us, including, for example, a municipality, sports association, school or daycare (each such administrator an “Organizational Admin” and such organization, an “Organization”), to: (A) communicate with, send notifications to, and receive consents from you with respect to the programs offered by the Organization; (B) collect, store, use, and access your Information (defined below) if you have authorized the sharing of such information with the Organization, in each case for the purpose of assisting in the safe and effective delivery of programs offered by the Organization or responding to an Emergency; and (C) archive your Information in accordance with such Organization’s document retention policies (collectively, the “Permitted Use”).

(b) For the purposes of these Terms of Use, “Emergency” means an event that a reasonable person would conclude is an emergency, and includes the following: (i) any event that presents a reasonable health or safety risk to an individual; (ii) a sudden decline in the physical or psychological wellbeing of an individual; and (iii) any other circumstances under which a reasonable person would conclude that the use of your Information or any other information about an identifiable individual (including, for greater certainty, personal health information) (“Personal Information”) is necessary to ensure the health and safety of you, your dependents or any other individual in your support network, as applicable.

2. Use of the ePACT Mobile Application

Subject to these Terms of Use, ePACT grants you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the ePACT Mobile Application on your iOS-based or Android-based mobile device, as applicable, in accordance with these Terms of Use.

3. Your Obligations When Using the Services

You will:

(a) ensure all information that you provide through the Services, including contact information and personal health information, is accurate and up-to-date. You acknowledge that your failure to do so could result in harm or loss to you or others for whom you have provided (or failed to provide) personal health information on the Services, including medical harm, serious injury or death, if anyone relying on information obtained through the Services, including first responders or healthcare professionals to whom such information is communicated, do not have accurate and up-to-date personal health information available to them needed to treat you or others;

(b) only list Emergency contacts who are the age of majority in their jurisdiction of residence or older and who have given their consent to be listed as an Emergency contact;

(c) be responsible for keeping your account password confidential and for any and all activity that occurs on the Services under your account;

(d) promptly notify ePACT of any actual or suspected unauthorized access to or use of your account. When you provide ePACT with such notice, ePACT reserves the right to suspend, deactivate, or replace your account to prevent future unauthorized activity;

(e) ensure your use of the Services does not violate any applicable law or regulation or these Terms of Use;

(f) be responsible for your interactions with other users of the Services and agree that ePACT may restrict, suspend, or close your account for any reason, including if ePACT determines, in its sole discretion, that doing so is necessary in order to enforce these Terms of Use; and

(g) be responsible for any use of the Services through your account, including use of the Services by your legal dependents (i.e., your children or other persons for whom you are legally responsible).

4. Your Use Restrictions

You will not use the Services for purposes other than the Permitted Use. Without limiting the generality of the foregoing, the rights granted to you in these Terms of Use are subject to the following restrictions. Specifically, you will not (and will not attempt to):

(a) knowingly provide any false, inaccurate, incomplete or out-of-date information to us;

(b) create an account for anyone other than yourself or your legal dependents (i.e., your children or other persons for whom you are legally responsible);

(c) circumvent any of our security features, including in circumstances where we disable your account for security or other reasons;

(d) use the Services if you are or become a convicted sex offender;

(e) share your username or password with any third party or otherwise permit any third party to access your account, or do anything else that might jeopardize the security of your account;

(f) sub-license, sell, rent, lend, lease or distribute the Services or any intellectual property rights therein or otherwise make the Services available to others;

(g) use the Services to permit timesharing, service bureau use or commercially exploit the Services;

(h) use or access the Services in violation of any applicable law (including privacy laws) or intellectual property right, in a manner that threatens the security or functionality of the Services, or for any purpose or in any manner not expressly permitted in these Terms of Use;

(i) use the Services to create, collect, transmit, store, use or process any content:

(i) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

(ii) that you do not have the lawful authority to create, collect, transmit, store, use or process;

(iii) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);

(j) make any Modifications to the Services;

(k) reverse engineer, de-compile or disassemble the Services;

(l) remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices;

(m) access or use the Services for the purpose of building a similar or competitive product or service;

(n) perform any vulnerability, penetration or similar testing of the Services;

(o) copy, imitate, reproduce, republish, upload, post, transmit, modify or distribute the Services or the Content (defined below) in any form or in any way, in whole or in part, without the express prior written consent of ePACT;

(p) harvest or otherwise collect or store any information (including Personal Information) of other users, including e-mail addresses, without the express consent of such users;

(q) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or website;

(r) solicit login information or access any account belonging to someone else;

(s) use the Services to do anything unlawful, misleading, malicious, or discriminatory;

(t) do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack; or

(u) facilitate or encourage any violations of these Terms of Use.

5. Ownership

ePACT or its licensors retain all rights (including intellectual property rights), title and interest in and to: (a) the Services; (b) any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service names, trade names, and other information (collectively, “Content”) contained in the Services; and (c) any modifications, improvements, customizations, updates, enhancements, bug fixes, patches, service packs, releases, aggregations, compilations, derivative works, translations and adaptations (“Modifications”), to the foregoing (a) and (b).

You (or the individual whom you act on behalf of) will retain all rights, title and interest in and to any data, information, content, records and files that you load or transmit to the Services (your “Information”). You hereby grant us a world-wide non-revocable, fully paid-up and royalty-free right and license to use your Information in order to: (a) provide the Services, including to (i) share your Information with Organizations or other individuals whom you have authorized to access or receive your Information, and (ii) enable support networks, including Organizations, to access your Information to assist in responding to Emergencies, in each case, only to the extent, and with respect to the specific Information, that such access has been specifically granted by you; and (b) improve and enhance the Services. Without limiting the foregoing, you acknowledge and agree that ePACT may collect and analyze non-identifiable data and other information relating to the provision, use and performance of the Services and related systems and technologies, and during and after the termination or expiration of these Terms of Use, ePACT may use such data and information to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other ePACT offerings.

6. Privacy Policy

Our ePACT Privacy Policy sets out a description of our privacy and data practices when you use the Services. Please review our Privacy Policy carefully. By using the Services, you consent to the data practices set out in the Privacy Policy.

You acknowledge and understand that Organizations may collect, access, use, store, disclose or otherwise manage your Information obtained through the Services in accordance with their own privacy policies and notices, information retention policies, and terms of use.

7. Sharing of Your Information

If you share your Information with an Organization through the Services, you acknowledge and agree that you permit such Organization and any of its Organizational Admins to access, use and store your Information (including the storage of your Information using ePACT’s archival service) as authorized under these Terms of Use, including to respond to Emergencies, and in accordance with applicable Organization’s privacy and information retention policies.

If you share your Information with persons in your support network (including an Emergency contact, legal guardian, family member, Organization or other affiliate), you acknowledge and agree that such persons may be notified when you update your shared Information and be provided with access to such updated Information.

8. Modifications, Changes to the Terms of Use and Termination

Except where prohibited by applicable law, including the laws of Quebec, ePACT reserves the right, at any time (a) to make Modifications to the Services, including the look, feel, and format; (b) to change these Terms of Use to reflect any such Modifications; and (c) to discontinue the Services (or any part thereof), temporarily or permanently. Any such Modifications and resulting changes to these Terms of Use will take effect when posted to the ePACT Website. It is your responsibility to review these Terms of Use regularly. By continuing your use of the Services after such Modifications or changes to these Terms of Use are posted, you will be deemed to have accepted such Modifications or changes.

9. Third-Party Links

The Services may provide links to third party websites or applications. These links are provided solely for your convenience and for the convenience of other users of the Services. We do not endorse the information, products, or services described on those websites or applications; or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. The content in any linked website or application is not under our control, and if you choose to access any such website or application, you do so entirely at your own risk.

10. Software Updates

The ePACT Mobile Application may automatically download and install updates from time to time from ePACT. These updates are designed to improve, enhance and further develop the ePACT Mobile Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you, including through the Apple App Store or Google Play download) as part of your use of the ePACT Mobile Application.

11. Warranty; Disclaimer

You represent and warrant to, and covenant with ePACT you have all consents or other authority required under applicable laws (including privacy laws) with respect to the Personal Information provided by you through the Services (including your Information) to enable ePACT to provide the Services and to exercise its rights, including with respect to the collection, storage, access, use, disclosure and transmission of any Personal Information, including by or to ePACT and to or from Organizations or any other third party.

ePACT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY ePACT TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE EXTENT PERMITTED BY APPLICABLE LAW (WHICH MAY EXCLUDE THE PROVINCE OF QUEBEC), ePACT HEREBY DISCLAIMS, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ALL EXPRESS, IMPLIED, COLLATERAL, OR STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE OR USE; OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, ePACT EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION, OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES (OR ANY PART THEREOF), INCLUDING INFORMATION PROVIDED BY ePACT, IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.

12. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT PERMIT THE LIMITATION OF LIABILITY IN CONSUMER CONTRACTS, AND AS A RESULT THE CONTENTS OF THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ePACT IN CONNECTION WITH OR UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), EXTRACONTRACTUAL LIABILITY, OR OTHERWISE, EXCEED $100. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL ePACT’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ePACT BE LIABLE TO ANY USER FOR ANY: (A) SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) BUSINESS INTERRUPTION OR LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL, WHETHER DIRECT OR INDIRECT; (C) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (D) PERSONAL INJURY OR DEATH; OR (E) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH LOSS OR DAMAGES.

13. Term and Termination; Survival

(a) These Terms of Service will commence on the Effective Date and continue until terminated by either Party (the “Term”). Either Party may terminate these Terms of Use as follows: (i) we may terminate these Terms of Use at any time and with immediate effect by giving 30 days prior written notice to you by email (at your current email address on file with us) or through the ePACT SaaS Services; and (b) you may terminate these Terms of Use upon 30 days prior written notice by requesting (by email or through any then-available interfaces on the ePACT SaaS Services) that this Agreement be terminated between us and by ceasing use of the Services.

(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5 (Ownership), 11 (Warranty; Disclaimers), 12 (Limitation of Liability), 13 (Term and Termination; Survival), 14 (Applicable Law; Interpretation), 15 (Feedback) and 18 (Language).

14. Applicable Law; Interpretation

THE FOLLOWING CHOICE OF LAW AND JURISDICTION WILL APPLY TO YOU EXCEPT WHERE PROHIBITED BY LAW, WHICH INCLUDES THE PROVINCE OF QUEBEC.

These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles, and each Party further consents to the exclusive jurisdiction of the courts of British Columbia, judicial district of Vancouver. This choice of jurisdiction does not prevent ePACT from seeking injunctive relief with respect to a violation of intellectual property rights in any appropriate jurisdiction.

Except as otherwise provided in these Terms of Use, the Parties’ rights and remedies under these Terms of Use are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, when used in respect of ePACT in these Terms of Use means the right of ePACT to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to you.

The terms and conditions contained in these Terms of Use that are necessary for the interpretation hereof, or the nature and intent of which is to survive termination or expiration of these Terms of Use, will survive termination or expiration of these Terms of Use. If any provision of these Terms of Use is held by a tribunal or court of competent jurisdiction to be invalid or unenforceable to any extent, then the provision will be deemed to be severed from these Terms of Use and the remainder of these Terms of Use will continue in full force and effect.

15. Feedback

You agree not to treat as confidential any suggestion or idea provided by you (such suggestion or ideas, “Feedback”), and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without any compensation to you.

16. Apple App Store Additional License Terms

If the ePACT Mobile Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

(a) You acknowledge theses Terms of Use is concluded between the Parties, and not with Apple. The responsibility for the ePACT Mobile Application and Content thereof is governed by these Terms of Use.

(b) Notwithstanding anything to the contrary hereunder, you may use the ePACT Mobile Application only on an iPhone or iPod Touch that you own or control.

(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the ePACT Mobile Application.

(d) In the event of any failure of the ePACT Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the ePACT Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ePACT Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.

(e) Any claim in connection with the ePACT Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.

(f) Any third party claim that the ePACT Mobile Application or your possession and use of the ePACT Mobile Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

(h) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the ePACT Mobile Application.

Name: ePACT Network Ltd., Customer Success Department

Address: 267 Esplanade W, Suite 105, North Vancouver BC V7M 1A5, Canada

Telephone Number: 1-855-773-7228

Email Address: help@epactnetwork.com

(i) Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.

(j) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s Member License Agreement (the current version as of the date these Terms and Conditions was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms and Conditions was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s Member License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

17. Google Play

If the ePACT Mobile Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to these Terms of Use:

(a) You acknowledge that Google is not responsible for providing support services for the ePACT Mobile Application.

If any of these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms and Conditions was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

18. Language

The Parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les Parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

19. Contact Us

If you would like to request additional information regarding these Terms of Use, please contact us at:

ePACT Network Ltd.
267 Esplanade W., Suite 105, North Vancouver, BC V7M 1A5
help@epactnetwork.com

Last Updated: August 1, 2018