ePACT Network Ltd.
IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES, DO NOT DOWNLOAD THE EPACT APP OR USE ANY OF ITS CONTENT. THESE TERMS MAY BE AMENDED OR UPDATED BY EPACT FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS MAY HAVE CHANGED SINCE YOUR LAST ACCESS TO THE SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.
1. What is ePACT?
The Service enables registered users of the Service ("End Users") to build support networks of relatives, friends and organizations, store and exchange critical information, and access communication tools for greater interaction and preparation in the event of an Emergency. The Service also enables authorized administrators within an organization ("Organizational Users") to store and access critical information of End Users who have shared that information with the organization for use in an Emergency as further described in Section 12. Collectively, End Users and Organizational Users constitute "ePACT Users")
"Emergencies" may include:
Any event that presents a reasonable health or safety risk to the individual exclusively or as part of a collective
A sudden decline in the physical or psychological wellbeing of the individual rendering them in need of some assistance to ensure their health and safety, and
Any other circumstances under which a reasonable person would conclude that the use of the personal information is necessary to the health and safety of the individual
Subject to these Terms, ePACT hereby grants to you a non-transferable, non-exclusive, limited, terminable license to use the Service if you are an End User for the sole purpose of developing a support network of family friends, caregivers and organizations; and if you are an Organizational User creating, storing, accessing, managing and sharing emergency information on behalf of your organization and its members. Each ePACT User may use the Service to communicate with a support network and for accessing and sharing information and resources provided by ePACT and other ePACT Users for the purpose of responding to and being prepared for Emergencies. You may not: (a) rent, lease, lend, sell, exchange, assign, transfer, redistribute or sublicense the Service, or any part thereof; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of, or otherwise exploit, the Service or any part thereof; (c) modify the Service in any manner or use it in any manner other than its intended use; (d) remove, conceal, destroy or otherwise dispose of any copyright, trade mark or other proprietary rights notice from the Service or the Website; or (e) copy, imitate, reproduce, republish, upload, post, transmit, modify or distribute the Website or any of its content in any form or in any way, in whole or in part, without the express prior written consent of ePACT.
3. Mobile Applications and Devices
ePACT offers a mobile application service that allows ePACT Users to access personal information about those End Users who are part of their network in the case of an emergency (the "App"). If you are an Organizational User, we grant you a personal, non-exclusive license to use the App for the purpose of receiving the Service. You may not copy, reproduce, duplicate or resell the App or any part of it and you may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App except to the extent that enforcement is prohibited by applicable law.
ePACT does not provide any mobile devices and it is your responsibility to provision any equipment necessary to use the App. Mobile carrier rates and fees, such as text messaging, roaming and data charges may apply.
If you download the App from a third party platform provider (eg. the AppStore; GooglePlay) ("Platform Provider"), you acknowledge and agree to the following additional terms:
a. this Agreement is concluded solely between EPACT and you and not with Platform Provider, and ePACT not Platform Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Platform Provider's Terms of Service, the more restrictive or conflicting Platform Provider term will take precedence and will apply;
b. Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. ePACT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Platform Provider, and Platform Provider will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EPACT's sole responsibility;
c. ePACT, not Platform Provider, is responsible for addressing any claims you may have or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
d. Platform Provider, and Platform Provider's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
e. You represent and warrant that (i) you are not located in a 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Sharing Content and Information - End Users
End Users: You own all of the content and personal information you store using the Service, and you control the information you share with other ePACT Users, and which individuals and groups you share it with. By accepting an invitation from an organization (such as your child's school or daycare), and completing the organization's information form, you are granting them access to this personal information. Every person you invite to join your network (as an emergency contact, legal guardian, family member, organization or other affiliate) will automatically obtain access to your personal information as soon as they accept the invitation. This includes medical information that you submit to your ePACT account.
- You will not solicit login information or access an account belonging to someone else.
- You will not upload viruses or other malicious code.
- You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of the Service such as a denial of service attack.
- You will not facilitate or encourage any violations of these Terms.
- You will exercise good judgment in the communications you exchange through the Service with other ePACT Users.
7. Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on the Service, or create an account for anyone other than yourself or your legal dependents (eg. your children or other persons for whom you are legally responsible) without permission.
- You will only list emergency contacts who are 18 years or older and who have given their consent for ePACT to store and make their personal information available to other ePACT Users in connection with receiving or providing the Service. You agree that you will not list anyone who has not given their consent to be listed as an emergency contact.
- If we disable your account for security concerns, you will not create another one without our permission.
- You will not use your personal profile (or anyone else's contact information) for commercial purposes including your own commercial gain.
- You will not create an ePACT account if you are under 18 unless you have the consent of your parents or legal guardian and your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
- You will not use the Service if you are a convicted sex offender.
- You will keep all information that you provide, including contact information, accurate and up-to-date.
- You will not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
-You will not transfer your account (including any page or group you administer) to anyone without first getting our written permission.
- You will not use the Service to access or obtain any personal or other infoFor as long as ePACT continues to offer the Service, ePACT will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Service for you or for all ePACT Users in our sole discretion. All of these changes will be effective upon their notification as an update to these Terms provided on the Website or by direct communication to you
9. Availability During a Natural Disaster
ePACT endeavours to ensure your information will be available during a natural disaster (for more information see our Security page)). However, ePACT cannot guarantee access then or at any time and therefore strongly recommends that both End Users and Organizational Users maintain paper backups of all information and store this information in a safe location that can easily be accessed in an emergency situation.
10. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide (including personal information) if required or permitted to do so by law or in a good faith belief that such access, preservation or disclosure is necessary in order to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is an ePACT User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety, as applicable, of ePACT, other ePACT Users or the public.
11. Connections and Interactions with other ePACT Users
You are solely responsible for your interactions with other ePACT Users, including individuals and groups. ePACT may limit the number of connections you may have to other ePACT Users and may, in certain circumstances, prohibit you from contacting other ePACT Users through use of the Service or otherwise limit your use of the Service. ePACT reserves the right, but has no obligation, to monitor disputes between you and other ePACT Users and to restrict, suspend, or close your account if ePACT determines, in its sole discretion, that doing so is necessary to enforce these Terms.
12. Organizations & Administrators
Organizations may create accounts on the Service and will have rights to access the Service provided the applicable subscription fees are paid to ePACT. In order to use the Service you must agree to our Code of Conduct. As an administrator with access to End User and their emergency contacts' information you are responsible for ensuring that all Organizational Users to whom you grant access to the Service agree to the following terms:
- The personal information provided by ePACT is NOT to be disclosed to any other individual, organization or entity of any kind under any circumstances except,
- Where required by the laws of the relevant jurisdiction
- Health information of any kind relating to the individual's physical and mental condition or medical requirements and records past and present
- The individual's contact information or the contact information of a member of the individual's family, their guardian or a party on their emergency contact list
- Any photographs uploaded by the individual as part of their ePACT information package
13. Intellectual Property Rights
ePACT and its licensors own all right, title and interest in and to the Service (including all rights existing from time to time under patent, copyright, trade secret, trade mark and all other intellectual property laws). Except as expressly set out in these Terms, nothing contained herein should be construed as granting by implication, estoppel, or otherwise, any license or right to use any intellectual property of ePACT. Misuse of any Trademark, or any other content owned by ePACT and displayed on this Website or through the App is strictly prohibited; and (b) the Service and all contents of this Website and the App, including information in all forms, text, logos, graphics, images, software, icons and other elements (but excluding any ePACT User information), are the exclusive property of ePACT or, as applicable, its suppliers and partners, and are protected under the copyright laws of Canada and other countries. All rights not explicitly granted herein are reserved. Any infringement of ePACT's rights will result in appropriate legal action.
14. Disclaimers and Indemnification
ePACT may at its discretion provide support services to you in relation to the use of the Service. However, due to resource limitations, ePACT does not warrant and hereby disclaims that support will be available at any particular time or that any particular request for assistance will be responded to or resolved within any particular timeframe.
THIS SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, ACCURACY, AVAILABILITY, SECURITY, TITLE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR INTEROPERABILITY OF PRODUCTS AND SERVICES. EPACT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THE WEBSITE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR AT ALL; THAT THE INFORMATION ON THIS WEBSITE THE SERVICE WILL BE ACCURATE OR CURRENT; OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPACT ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE WEBSITE OR THE SERVICE OR YOUR DOWNLOADING OF ANY DATA, TEXT, IMAGES, FILES OR OTHER MATERIALS FROM THIS WEBSITE OR THE SERVICE.
YOUR USE OF THIS WEBSITE AND/OR THE SERVICE IS AT YOUR OWN RISK. NEITHER EPACT NOR ANY OF ITS SUPPLIERS OR AFFILIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE SERVICE IS LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR THE SERVICE NOR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICE OR THE INFORMATION CONTAINED HEREIN OR THEREIN INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION AND LOSS OF USE, DATA, INFORMATION OR PROFITS, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH (REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACT). THIS LIMITATION APPLIES EVEN IF EPACT HAS BEEN ADVISED OF, OR FORESEES, THE POSSIBILITY OF ANY DAMAGES OCCURRING. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, AND IN SUCH CASE, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL EPACT'S TOTAL LIABILITY TO YOU EXCEED $10.00.
You agree to defend, indemnify and hold ePACT and all of its agents, directors, officer, employees, partners, suppliers and affiliates harmless from any and all liabilities, losses, damages, costs and expenses, including reasonable legal fees and disbursements, incurred by any of the foregoing and arising out of any violation of these Terms by you or out of your use of this Website or the Service.
15. Right to Suspend or Terminate Access
If you breach any provision of these Terms, we reserve the right to terminate or suspend your access and use of the Service. In addition, ePACT in its sole discretion may terminate your right to use this Website and/or the Service at any time, for any reason, without any notice to you and without any liability to you or any other person. If ePACT terminates your right to use the Service, these Terms will nevertheless continue to apply and be binding upon you in respect of your use of the Service prior to the termination of these Terms, any information or materials obtained by you from the Service, and anything connected with, relating to or arising from those matters (including your use of any personal information obtained via the Service). The following Sections will survive termination of these Terms: Intellectual Property Rights, Disclaimers and Indemnification and General.
By accessing this Website and/or the Service, you agree that the laws of British Columbia (and those of Canada applicable therein) will exclusively govern these Terms and apply to any issue that might arise regarding this Website and/or the Service, and that such dispute will be settled or adjudicated exclusively in British Columbia. Access to this Website and/or the Service from locations where the content is illegal is prohibited. It is solely your responsibility to determine whether your use of this Website and/or the Service is lawful, and you must comply with all laws applicable in your jurisdiction.
If any provision of these Terms is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision will be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms will continue in full force and effect.
These Terms do not confer on any person, other than you and ePACT, any rights or remedies hereunder. You acknowledge and agree that, notwithstanding any other provisions of these Terms, your breach or threatened breach of these Terms will cause ePACT irreparable damage for which recovery of money damages would be inadequate and ePACT, therefore, may obtain timely injunctive relief to protect its rights under these Terms, in addition to any and all other remedies available at law or in equity.
No waiver or failure to insist on or enforce strict performance of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision of these Terms.
These Terms are binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.
Last Updated: August 21, 2014