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Terms and Conditions for CheckIn Service

1. TERMS AND CONDITIONS

The following are the terms and conditions that apply to the CheckIn services to be provided by Philips Lifeline, a division of Philips Electronics Ltd. (“Lifeline”) to you (“Customer”, “you”, “your”, or “I”). By replying to Lifeline as prescribed in the email message from Lifeline that provided this document to you (your “Email Consent”), you agree and acknowledge that you have read and understood all of these Terms and Conditions and agree to enter into a legally binding agreement with Philips Lifeline for the provision of CheckIn Services in accordance with the terms herein (the “Agreement”).

1. Term. This Agreement shall commence on the date Lifeline sends you written confirmation that Lifeline has received your Email Consent and on which you pay the Total Fees Payable, and will end at midnight on the last day on which Lifeline is scheduled to call the Designee.

2. Termination of Agreement by Lifeline. THE STATEMENT THAT FOLLOWS IS NOT APPLICABLE TO CUSTOMERS IN QUÉBEC:  Lifeline may terminate this Agreement at any time and for any reason (including without limitation for reasons of force majeure including those of a technical nature), by providing you with notice thereof.  In such event, Lifeline will refund you any fees paid for CheckIn Calls that have not been provided.   Lifeline may also terminate this Agreement without notice or refund to you if you fail to meet an obligation under this Agreement (including failure to pay) or if the Designee or CheckIn Point of Contact withdraws consent to act as Designee or CheckIn Point of Contact, as applicable, all in accordance with the terms herein.

3. Monitoring Contract. Customer agrees and acknowledges that Lifeline will rely  on the Designee’s contact number(s), addresses(s), language preference, medical condition and other relevant Designee information as set out in the Designee’s then current Monitoring Services Agreement  and Care Plan with Lifeline (or a Lifeline Program, as applicable) (the “Monitoring Contract”) . Customer further agrees and acknowledges that it is the sole responsibility of the Designee to advise Lifeline of any changes in the Designee’s Care Plan, as applicable.

4. Description of CheckIn Service. Lifeline will perform the CheckIn Service in accordance with the terms of this Agreement and in the following manner:

a) (i)  Lifeline will make commercially reasonable efforts to contact the Designee using the Designee contact information as set out in the Monitoring Contract on or about the scheduled CheckIn date and times as listed above. While Lifeline will make commercially reasonable efforts to contact the Designee at the times selected by you, the Customer agrees and acknowledges that Lifeline cannot guarantee that CheckIn calls will occur at the exact time requested above. Customer shall not have the ability to amend or revise the CheckIn call schedule after entering into this Agreement.

b) (i)  If Lifeline reaches the Designee, then Lifeline will ask the Designee if he or she is need of assistance. (ii)  If the Designee indicates, or Lifeline determines in its discretion, that the Designee does not require any assistance, then Lifeline’s obligations with respect to the Designee will then be satisfied and it will not take any further actions with respect to the Designee until the next scheduled CheckIn call.

c) (i)  If Lifeline reaches the Designee and the Designee indicates, or Lifeline determines in its discretion, that the Designee requires non-emergency assistance, then Lifeline will attempt to contact the CheckIn Point of Contact to advise him/her that the Designee requires non-emergency assistance. Upon such contact with the CheckIn Point of Contact, Lifeline’s obligations with respect to the Designee will then be satisfied and it will be the CheckIn Point of Contact’s responsibility to take any additional actions with respect to the Designee as he/she may deem advisable.  Lifeline will not take any further actions with respect to the Designee until the next scheduled CheckIn call. (ii)  If Lifeline cannot reach the CheckIn Point of Contact, then Lifeline will attempt to leave a message with the CheckIn Point of Contact to advise that the Designee requires non-emergency assistance.  Lifeline shall not be responsible and waives all liability related to, any deleted, failed or otherwise missed messages for any reason. Lifeline’s obligations with respect to the CheckIn service shall then be satisfied at this time and no further actions will be taken by Lifeline until the next scheduled CheckIn call.

d) (i) If Lifeline cannot reach the Designee, then Lifeline will attempt to contact the CheckIn Point of Contact to advise him/her that Lifeline was unable to contact the Designee. Upon such contact with the CheckIn Point of Contact, Lifeline’s obligations with respect to the Designee will then be satisfied and it will be the CheckIn Point of Contact’s responsibility to take any additional actions with respect to the Designee as he/she may deem advisable.  Lifeline will not take any further actions with respect to the Designee until the next scheduled CheckIn call. (ii)  If Lifeline cannot reach the CheckIn Point of Contact, then Lifeline will attempt to leave a message with the CheckIn Point of Contact to advise that Lifeline was unable to contact the Designee.  Lifeline shall not be responsible and waives all liability related to, any deleted, failed or otherwise missed messages for any reason. Lifeline’s obligations with respect to the CheckIn service shall then be satisfied at this time and no further actions will be taken by Lifeline until the next scheduled CheckIn Call

e) (i)  If Lifeline reaches the Designee and the Designee indicates, or Lifeline  determines in its discretion, that the Designee requires emergency medical assistance,  then Lifeline will contact emergency responders  such as police, fire, ambulance or paramedic services, as applicable (“Emergency Responders”). In addition, and only in the event that Lifeline assesses in its discretion that an emergency condition exists, Lifeline will contact any additional contact persons oresponders as provided for, and in accordance with the terms of, the Monitoring Contract (“Responders”). 

Lifeline cannot and does not guarantee that the CheckIn Point of Contact, Responders or Emergency Responders will respond in a timely manner or at all. Lifeline shall be entitled to rely absolutely and for all purposes upon the statements of the Designee, the CheckIn Point of Contact, any Responder, any Emergency Responder or any other person who purports to act on behalf of any such person, with respect to the location or condition of the Designee.  Without limiting any of the foregoing, Lifeline’s obligations under this Agreement shall be satisfied when either the Designee, the CheckIn Point of Contact, any of the Responders, Emergency Responders or any other person advises, or Lifeline determines in its reasonable discretion, that the Designee does not require any personal assistance.

5. No Medical Advice.  Lifeline does not offer any medical, clinical or diagnostic information, advice or opinions as part of its CheckIn service. Lifeline will not remind the Designee to take medication or of any appointments, and Lifeline will not provide any other advice, opinion or other information to the Designee.

6. Geographic and Language Limitations. The CheckIn Service is only available for Customers and Designees who reside in Canada, and is only available in French or English.

7. Representations and Warranties. By entering into this Agreement, you represent and warrant that: (i) the information provided by you is complete and accurate; (ii) you have notified the Designee that the Monitoring Contract must be accurate, up-to-date and complete for the purposes of this Agreement and have confirmed same with Designee; (iii) you have notified the Designee, each CheckIn Point of Contact, any substitute CheckIn Point of Contact, and any Responder of their role and responsibilities under this Agreement; (iv) you have received the Designee’s, the CheckIn Point of Contact’s, any substitute CheckIn Point of Contact, and the Responder’s express consent to enlist them as Designee,  CheckIn Point of Contact, substitute CheckIn Point of Contact, or Responder (as applicable) and to disclose their names, addresses, email addresses, telephone numbers and personal health information to Lifeline for the purposes of this Agreement.

8. Recordings. You agree that Lifeline may record telephone calls for quality management purposes and that such telephone call recordings shall constitute confidential and proprietary information of Lifeline.

9. Use of Personal Information by Lifeline.  Customer acknowledges and agrees that his or her personal information and the personal information of the Designee and any CheckIn Point of Contact, substitute CheckIn Point of Contact or Responder: (a) will be used by Lifeline and its affiliates and accessed by Lifeline’s and its affiliates’ employees, officers, directors, contractors, subcontractors and agents (“Representatives”) to provide the CheckIn service described herein; (b) will be stored on the computer servers of Lifeline in Canada; and (c) may be disclosed to the Designee, CheckIn Point of Contact, substitute CheckIn Point of Contact Responders, or Emergency Responders. Lifeline will use, maintain and protect the personal information it collects in accordance with its privacy policy, which can be accessed at: www.lifeline.ca/content/english/Company-Areas/privacy. Each of Customer, Designee, CheckIn Point of Contact, substitute CheckIn Point of Contact, and Responder may request access to his or her personal information or correct any errors in that information by contacting Lifeline at the address indicated above in this Agreement.

10. Withdrawal of Designee or CheckIn Point of Contact(s) Consent. THE STATEMENT THAT FOLLOWS IS NOT APPLICABLE TO CUSTOMERS IN QUÉBEC. This Agreement will be automatically terminated without refund to Customer, and Lifeline will have no obligation to provide any CheckIn services, in the event that: (a) the Designee advises Lifeline that he/she no longer wishes to receive CheckIn calls; or (b) the CheckIn Point of Contact advises Lifeline that he/she no longer wishes to be listed as a CheckIn Point of Contact. In either event, Lifeline will cease to contact the Designee or CheckIn Point of Contact, as applicable, and Lifeline will use commercially reasonable efforts to contact you and notify you that the Designee or CheckIn Point of Contact has withdrawn his/her consent to receive CheckIn calls or act as a CheckIn Point of Contact, as applicable. Notwithstanding the foregoing, in the event that the CheckIn Point of Contact has withdrawn his or her consent and Lifeline is able to contact you and notify you of same, you may appoint a substitute CheckIn Point of Contact so that CheckIn services may continue, provided that: (i) you meet all obligations contained herein applicable to the CheckIn Point of Contact in respect of said substitute CheckIn Point of Contact; and (ii) you agree and acknowledge that all terms and conditions contained herein shall apply with respect to said substitute CheckIn Point of Contact as if he or she had originally been appointed as CheckIn Point of Contact by you, including without limitation, your representations and warranties and any indemnification obligations contained herein. In the event that the substitute CheckIn Point of Contact advises Lifeline that he/she no longer wishes to be listed as a CheckIn Point of Contact, this Agreement shall be automatically terminated without refund to Customer, and Lifeline shall have no obligation to provide CheckIn services, provided however Lifeline shall use commercially reasonable efforts to contact you and advise you of same.

11. Effect of Termination of Monitoring Contract. THE STATEMENT THAT FOLLOWS IS NOT APPLICABLE TO CUSTOMERS IN QUÉBEC. In the event that the Monitoring Contract is terminated, this Agreement will be automatically terminated without refund to Customer and Lifeline shall have no further obligation to provide any CheckIn services, provided however that Lifeline shall make reasonable commercial efforts to contact you and notify you of same.

12. Fees. You will be responsible to immediately pay all fees payable as set out in the Fee section above. All fees are charged in Canadian dollars. Subject to any applicable statutory rights, all fees are non-refundable. You will also be responsible to pay (or refund Lifeline, as applicable) for any costs, fees or expenses charged by any Emergency Responder including police, fire, ambulance or paramedic services.

13. Limitation of Liability. Lifeline shall not be responsible or liable to you, the Designee, any CheckIn Point of Contact, substitute CheckIn Point of Contact, Responder, or any other party for: (a) Lifeline’s use or reliance on any information provided by you including the information noted above; (b) Lifeline’s use or reliance on any information contained in the Monitoring Contract; (c) Lifeline’s reliance on any statements made by you, any CheckIn Point of Contact, substitute CheckIn Point of Contact, any Responder, Emergency Responder, or any other person with respect to the location or condition of the Designee; (d) the actions or inactions  (including the promptness, sufficiency or adequacy) of you, the Designee, any CheckIn Point of Contact, any substitute CheckIn point of Contact, any Responder, any Emergency Responder or any other person that receives an assistance request related to Designee; (e) the use of forced entry to the Designee’s or any third party’s premises by a CheckIn Point of Contact, substitute CheckIn Point of Contact, Responder, Emergency Responder or any other person or any damage caused thereby to the property of Designee or any other party’s property; (f) any non-performance by Lifeline caused by strikes, riots, floods, storms, earthquakes, fires, power failures, interruptions of telephone or internet services, acts of God, or any other cause beyond Lifeline’s reasonable control, including without limitation, your acts or the acts of  the Designee, a CheckIn Point of Contact, a substitute CheckIn Point of Contact,  a Responder, or an Emergency Responder or any third party; and (g) any non-performance by Lifeline caused by the Designee’s, the CheckIn Point of Contact’s, substitute CheckIn Point of Contact’s, or any Responder’s withdrawal of consent to act as Designee, CheckIn Point of Contact, substitute CheckIn Point of Contact, or Responder as applicable. THE STATEMENT THAT FOLLOWS IS NOT APPLICABLE TO CUSTOMERS IN QUÉBEC. The liability, if any, of Lifeline to you (or your successor(s), heir(s), or estate) for all damages, whether claimed hereunder or for breach of warranty, negligence, strict liability, tort, extra-contractual obligation or otherwise, shall be limited in the aggregate to the payments made by you to Lifeline pursuant to this Agreement. Lifeline shall not be responsible or liable to you or any third party for any indirect, special, incidental or consequential damages, however incurred, or for punitive or exemplary damages.

14. Indemnification. THE STATEMENT THAT FOLLOWS IS NOT APPLICABLE TO CUSTOMERS IN QUÉBEC. You shall indemnify, defend and hold harmless Lifeline, its affiliates and their respective Representatives against any actions, claims, liability, costs, damages or expenses, including reasonable legal fees and other ancillary costs and expenses by the Designee, CheckIn Point of Contact, substitute CheckIn Point of Contact, any Responder, Emergency Responder(s) or any other party attributable in whole or in part to any incorrectness or breach of any of your representations and warranties hereunder or arising from or in connection with this Agreement, the Monitoring Contract or the CheckIn services.

15. No warranties.  Except as otherwise expressly provided in this Agreement or as required by applicable law, Lifeline does not make any representation, warranty, condition, or guarantee regarding the CheckIn services and, to the extent permitted by applicable law, Lifeline disclaims all representations, warranties, guarantees and conditions of any kind, whether express, legal, or implied, arising from statute, course of dealing, usage of trade or otherwise, including, without limitation, representations, warranties, guarantees and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, ownership, quiet enjoyment, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness.

16. Final Payment. By submitting your payment by credit card, you authorize Lifeline to charge the applicable card for all fees payable hereunder as set out at section 5 (“CheckIn Service Fees”) herein, and you represent and warrant that you are the cardholder of the applicable card. This Agreement will be deemed null and void if your card is rejected by the card issuer.

17. Miscellaneous. This Agreement may be modified by mutual agreement of the parties. Any notice to be given under this Agreement is to be given to Lifeline or Customer at the addresses set out above. Any address for notice may be changed by written notice. Customer acknowledges that he or she has consulted with or had the opportunity to consult with their independent legal counsel prior to entering into this Agreement. The parties confirm and acknowledge that there are no collateral agreements, representations, or terms affecting or forming part of this Agreement other than as set forth herein. The waiver by either party of any provision of this Agreement is not effective unless made in a writing specifically referring to this Agreement signed by the party to be held bound and shall not operate as or be construed as a waiver of any prior or subsequent breach thereof unless specifically provided in such writing. If any provision of this Agreement shall be found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. It is the express wish of the parties that this document be written in English. Les parties aux présentes ont expressément demandé que ce document soit rédigé en anglais. A version of this Agreement for CheckIn service is available in French upon request. Une version française de ce contrat de service est disponible sur demande. This Agreement contains the entire understanding of the parties and supersedes any previous understandings or agreements with respect to the subject matter hereof.This Agreement shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein, except for Agreements with Customers in the province of Quebec which shall be governed by the laws of the province of Quebec and the laws of Canada applicable therein.

18. Additional Terms and Conditions for Quebec & Newfoundland Consumers Only. The following additional terms and conditions apply to Customers in Quebec and Newfoundland and are in addition to the foregoing Terms and Conditions. In the event of any conflict or inconsistency between this section and any of the other Terms & Conditions of this Agreement, the provisions of this section shall apply to the extent of the conflict or inconsistency.

(a) Customer’s Right to Cancel.  FOR CUSTOMERS IN QUEBEC:  You may, at any time, cancel this Agreement by sending a written notice to Lifeline at the address above. Cancellation will take effect upon the sending of the notice, or any later date you specify in the notice. If you cancel this Agreement, Lifeline will retain all administrative fees and the fees related to any CheckIn calls already performed, and will have fifteen days to refund any fees related to CheckIn calls yet to be performed, subject to a cancellation fee representing the lesser of fifty dollars or ten percent of the fees payable for CheckIn calls which have yet to be performed. FOR CUSTOMERS IN NEWFOUNDLAND: You may cancel this contract from the day you enter into the contract until ten days after you receive the contract. You do not need a reason to cancel. If you do not receive the goods or services within thirty days of the date stated in the Agreement, you may cancel this Agreement within one year of the Agreement date. You lose that right if you accept delivery after the thirty days. There are other grounds for extended cancellation. For more information, you may contact the provincial consumer affairs office. If you cancel this contract, Lifeline has fifteen days to refund your money and any trade-in, or the cash value of the trade in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this Agreement. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or personal delivery.

(b) Lifeline’s Cancellation Rights. FOR CUSTOMERS IN QUÉBEC ONLY: Lifeline may terminate this Agreement for a serious reason (including without limitation your failure to pay, the termination of the Monitoring Contract, any inaccuracy or breach of any of your representations or warranties, if the Designee or the CheckIn Point of Contact withdraws consent to act as Designee or CheckIn Point of Contact, as applicable, or for force majeure including those of a technical nature), in which case Lifeline will refund you the amount paid by you in respect of any CheckIn calls which have yet to be performed. Without limiting the foregoing, in the event that: (a) the Designee advises Lifeline that he/she no longer wishes to receive CheckIn calls; or (b) the CheckIn Point of Contact advises Lifeline that he/she no longer wishes to be listed as a CheckIn Point of Contact, Lifeline will cease to contact the Designee or CheckIn Point of Contact, as applicable, and Lifeline will use commercially reasonable efforts to contact you and notify you that the Designee or CheckIn Point of Contact has withdrawn his/her consent to receive CheckIn calls or act as a CheckIn Point of Contact, as applicable. In the event that the CheckIn Point of Contact has withdrawn his or her consent and Lifeline is able to contact you and notify you of same, you may appoint a substitute CheckIn Point of Contact so that CheckIn services may continue, provided that: (i) you meet all obligations contained herein applicable to the CheckIn Point of Contact in respect of said substitute CheckIn Point of Contact; and (ii) you agree and acknowledge that all terms and conditions contained herein shall apply with respect to said substitute CheckIn Point of Contact as if he or she had originally been appointed as CheckIn Point of Contact by you, including without limitation, your representations and warranties and any other obligations contained herein. In the event that the substitute CheckIn Point of Contact advises Lifeline that he/she no longer wishes to be listed as a CheckIn Point of Contact, this Agreement shall be terminated in accordance with the terms herein, and Lifeline shall have no obligation to provide CheckIn services, provided however Lifeline shall use commercially reasonable efforts to contact you and advise you of same.

BY REPLYING WITH YOUR EMAIL CONSENT TO THE EMAIL COMMUNICATION FROM LIFELINE THAT PROVIDED THIS AGREEMENT TO YOU,  YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND THAT YOU UNDERSTAND ALL OF THE PROVISIONS OF THE CHECKIN SERVICES AGREEMENT INCLUDING THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU FURTHER AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CHECKIN SERVICES AGREEMENT. YOU FURTHER AUTHORIZE LIFELINE TO CHARGE THE CREDIT CARD PROVIDED BY YOU FOR ALL FEES PAYABLE HEREUNDER AND YOU REPRESENT AND WARRANT THAT YOU ARE THE CARDHOLDER OF THE APPLICABLE CREDIT CARD.