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Terms of Use

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Terms of Use

This application the “App” is made available to you the “User” or “You” by Lifeguard Health Inc. the “Licensor” for use only under the terms and conditions set out in these Application Terms of Use the “Terms”. You may use the App only on the condition that you agree to abide and be bound by the Terms. The App is intended for use within the territory of the Province of British Columbia and Ontario only, and the App or any of its content may not be available, accessible or functional outside these territories. BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APP, YOU ARE AGREEING TO THE TERMS. If You do not agree to the Terms, do not download, install, access or use the App.

 

1. Important Notices

The App is intended as a prevention tool that can be used to establish communication with third party emergency assistance services in certain circumstances. It is Your responsibility as User to use the App appropriately. You are responsible for ensuring the App is properly installed and open on Your device, that your device is charged and functioning and that you are connected to a network. You are responsible for responding to the notices you receive through the App in a timely manner. The Licensor disclaims any responsibility or liability for any losses, costs or damages incurred as a result of your failure to respond to notices in a timely manner You should not rely solely on the App for your health, safety or security in the performance of any activity. Without limiting anything in these Terms, the Licensor and its affiliates, suppliers, service providers, funders, customers and supporters including any health authorities or health care providers who fund, endorse or otherwise support the App or the Licensor and their respective employees, agents, directors and officers all of the foregoing, including for clarity the Licensor, are the “Licensor Entities” are not responsible for any activity you undertake while using the App. The Licensor Entities are not responsible for the provision of assistance services by third parties or for the failure to provide such services. The App is not a medical device or service. Any information provided in the App is for information only and is not medical advice. The App is not a substitute or replacement for professional medical advice. The App is for harm reduction only. There are risks inherent in the use and misuse of drugs prescription, functional and recreational drugs including, the risk of overdose and death.

 

2. Eligibility

This App is offered and available to users who are:a present in the provinces where Lifeguards services are available b aged 18 or older and c legally able to enter into a binding agreement. By using this App, you represent and warrant to the Licensor that you meet all these requirements. If You do not meet all these requirements, You must not download, install, access or use the App.

 

3. Scope

The Licensor hereby grants to You a non-exclusive limited license to download, install, access and use the App on the device on which it is installed. The Licensor may provide updates or upgrades to the App, at its discretion, and such updates or upgrades shall be included in the App for the purposes of these Terms. You must install all such updates or upgrades when they become available and before continuing to use the App.

 

4. Consent to Use of Data

In order to use the App, you will be asked to provide certain personal information. This information will be collected, used, stored and disclosed by the Licensor in accordance with the provisions of the Privacy Policy available at https://lifeguarddh.com/privacy-policy. By agreeing to the Terms, You agree to the collection, use and disclosure of Your personal information as outlined in the Privacy Policy. You are responsible for all activities occurring through the App installed on Your device and for protecting Your device and the App against unauthorized access or use through Your device.

 

5. Prohibited Uses

You must not:

  1. Engage in any activities through the App that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate the rights of any person.
  2. Engage in any activity that interferes with a user’s access to the App or the proper operation of the App, or otherwise causes harm to the Licensor, any other user of the App or any third party.
  3. Interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on use of or access to the App.
  4. Attempt to gain unauthorized access to the App or to any computer systems or networks connected to the App.
  5. Harvest or otherwise collect or store any information of third parties including personal information about other users of the App without the express consent of such users.
  6. Use the App or any information obtained through the App for the purpose of engaging in any commercial activity or to send any unsolicited communications or
  7. Otherwise act in contravention of these Terms.

 

6. Intellectual Property Rights

The App and all information related thereto constitute valuable proprietary, confidential and trade secret information of the Licensor. The App is protected by copyrights, trademarks, service marks, international treaties, and or other proprietary rights and laws of Canada and other jurisdictions. You acknowledge that, as between You and the Licensor, the Licensor owns and retains all rights, title and interests in and to the App and any updates or upgrades and You agree to abide by all applicable proprietary rights laws and other laws. These Terms grant You no right, title, or interest in any intellectual property owned or licensed by the Licensor, including, without limitation, its trademarks, and creates no direct relationship between You and the Licensor other than that of licensor to licensee under this license. All rights in the App not expressly granted to You are reserved by the Licensor or its licensors. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of the rights of the Licensor and its licensors.

 

7. Feedback

The App may allow You to provide suggestions and feedback on the App’s functionality. If you provide any feedback or suggestions “Feedback” through the App, you hereby assign to the Licensor all rights in the Feedback and agree that the Licensor shall have the right to use such Feedback and related information in any manner it deems appropriate. The Licensor will treat any Feedback you provide as non-confidential and non-proprietary. You represent and warrant to the Licensor that you hold sufficient rights, including intellectual property rights, in the Feedback to grant to the Licensor the rights in the Feedback as set out in these Terms and that you will not provide any Feedback that you consider confidential or proprietary.

 

8. Termination

Licensor may, at its sole discretion and without notice to you, cease to make the App available to members of the public generally or to You specifically, in which event Your rights hereunder shall terminate automatically. In addition, Your rights under these Terms will terminate automatically without notice from the Licensor if You fail to comply with any provision of these Terms. Upon termination of Your rights hereunder: a You must cease all use of the App and delete it from your device and b the Terms relating to Licensor’s rights and entitlements as well as all limitations of warranty and liability shall continue in full force and effect.

 

9. Limitation of Warranty and Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP “SERVICES” ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABLE QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE LICENSOR ENTITIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. YOU, ACTING ON BEHALF OF YOURSELF AND YOUR PARENTS, SIBLINGS, SPOUSE, PARTNER, CHILDREN AND OTHER DEPENDENTS AND FAMILY HEREBY WAIVE ALL CLAIMS AGAINST THE LICENSOR ENTITIES NOW EXISTING OR IN THE FUTURE ARISING FROM YOUR USE OF THE APP.nYOU HEREBY ACKNOWLEDGE AND VOLUNTARILY ACCEPT THE RISKS: A INHERENT IN THE USE AND MISUSE OF PRESCRIPTION, FUNCTIONAL. AND RECREATIONAL DRUGSSUBSTANCES “SUBSTANCES”, INCLUDING THE RISK OF OVERDOSE AND DEATH B IN USING SUBSTANCES NOT PRESCRIBED BY A MEDICAL PROFESSIONAL LICENSED TO PRESCRIBE SUBSTANCES AND DISPENSED BY A PHARMACIST LICENSED TO DISPENSE SUBSTANCES, INCLUDING THE RISK OF DANGEROUS AND UNKNOWN SUBSTANCES BEING INCLUDED © THE RISK OF USING OR MISUSING SUBSTANCES WITHOUT THE DIRECT SUPERVISION OF A QUALIFIED MEDICAL PROFESSIONAL, INCLUDING OVERDOSE AND DEATH AND D THE RISK THAT THE APP WILL NOT FUNCTION AS INTENDED.THE APP IS FOR HARM REDUCTION. THE LICENSOR ENTITIES DO NOT ENDORSE, ENCOURAGE OR OTHERWISE SUPPORT THE MISUSE OF SUBSTANCES.

 

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR ENTITIES BE LIABLE FOR PERSONAL INJURY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF LIFE, INJURY TO OR LOSS OF HEALTH, LOSS OF ENJOYMENT OF LIFE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR EMPLOYMENT OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT OR OTHERWISE AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 

11. Indemnity

You agree to indemnity, defend and hold harmless the Licensor Entities from any and all losses and damages arising from any third-party claim, including any claim made by your parents, siblings, spouse, partner, children and other dependents and family, arising from your use of the App or your use or misuse of Substances, including where such use or misuse results in injury or death to you or any other person.

 

12. Changes

The Licensor may revise and update these Terms from time to time in its sole discretion. The Licensor will give You written notice of modifications to the Terms by any reasonable manner of notice which it elects and Your use of the App after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications. The Licensor reserves the right to withdraw, modify, or amend the App, and any service or material provided on the App, in its sole discretion without notice.

 

13. General

These Terms and the Privacy Policy constitute the entire agreement between You and the Licensor with respect to Your use of the App. You acknowledge and agree that the Licensor Entities excluding the Licensor, who is a party to these Terms. are third party beneficiaries of the waivers, assumptions of risk, indemnities and limitations of liability in these Terms. The Licensor’s failure to enforce Your strict compliance with these Terms will not constitute a waiver of any of its rights. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. You may not assign, transfer or sublicense these Terms or your rights or obligations hereunder without the Licensor’s prior written consent Depending on where you are located, the laws of the Province of British Columbia or that of the Province of Ontario, excluding their conflicts of law rules, govern these terms. Any disputes in relation to these terms shall be brought to the courts of competent jurisdiction.

 

14. Contact Us

If you have any questions or concerns about these terms of use, please contact us by email: [email protected]