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).
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”).
2. Use of the ePACT Mobile Application
3. Your Obligations When Using the Services
(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;
(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
(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;
(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
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).
7. Sharing of Your Information
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.
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, Google Play, or Blackberry 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.
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.
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
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.
16. Apple App Store Additional License Terms
(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.
(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: firstname.lastname@example.org
17. Google Play
(a) You acknowledge that Google is not responsible for providing support services for the ePACT Mobile Application.
19. Contact Us
ePACT Network Ltd.
267 Esplanade W., Suite 105, North Vancouver, BC V7M 1A5
Last Updated: August 1, 2018