+CARD TERMS AND CONDITIONS
Last modified: May 23, 2023
Effective date: May 23, 2023
The Canadian Medic-Alert Foundation Incorporated d.b.a MedicAlert Foundation Canada (“MedicAlert”, “us”, “we”, “our”), is a registered Canadian charity that has protected more than a million people in Canada since 1961. MedicAlert is offering the +Card, a digital version of our wallet card that can provide our Subscribers and their caregivers, friends, or family access to their medical information. By purchasing and/or using the +Card from MedicAlert you agree to the following Terms and Conditions (the “Terms”).
The Terms attach to MedicAlert’s Subscriber Agreement (www.medicalert.ca/subscriber-statement) as an addendum upon a Subscriber’s purchase of the +Card.
“+Card” means the wallet card provided to a Subscriber that displays a QR Code on its front, which, when accessed, shows the most recent record of that Subscriber’s Personal Information that they have stored in MedicAlert’s system;
“+Card Subscription” means the add-on to a Subscriber’s regular subscription with MedicAlert for use of the +Card and the requisite fee;
“Designated Person” means any individual who the Subscriber elects to give a +Card, PIN, and/or Username to, but who is not the Subscriber whose account and information are linked to the +Card;
“PIN” means the four (4) digit number that you select after purchasing your +Card. This PIN, in conjunction with the Username, if applicable, is used to login in and view your information on your smartphone or mobile device after scanning the QR Code;
“Profile” means the online profile populated by MedicAlert when you registered for MedicAlert services that is updated and kept accurate by you. It contains complete Subscriber information including contact details, Personal Information, and other relevant information that may be provided for use particularly during health, personal safety, or emergency events;
“QR Code” means a Quick Response Code, which is a two-dimensional barcode that links to information and can be read using the camera of a smartphone or mobile device equipped with a QR Code reader. In the case of the +Card, the QR Code is linked to the most recent record of a Subscriber’s Personal Information that they have stored in MedicAlert’s system;
“Subscriber” means the user of MedicAlert services who, or for whom, the +Card and +Card subscription has been purchased. For clarity, the Subscriber is the individual to whom the +Card services shall apply. For the purposes of these Terms, a Subscriber is also referred to as “you” or “your” as applicable;
“Username” means a unique sequence of characters that is assigned to a Subscriber or Designated Person and, along with a PIN, grants access to the Profile after scanning the QR Code using the camera of a smartphone or mobile device.
TERMS AND CONDITIONS:
By purchasing the +Card, you agree that,
- You must select a unique PIN for each +Card you have purchased. You should select PIN(s) that cannot be easily guessed and must not select PIN(s) containing any part of your name, date of birth, telephone number, address, or social insurance number.
- You are responsible for the care of the +Card(s). This includes the physical safeguarding and storage of the +Card(s), as well as ensuring the QR Code remains clear and legible.
- You are responsible for the care of your PIN(s) and any Username(s). This includes keeping PIN(s) and Username(s) confidential and maintaining proper safeguarding and security requirements for PIN(s) and Username(s) including keeping them separate from your +Card(s).
- You must inform any Designated Person of the requirements for proper care, safeguarding, storage, and security for the +Card(s), PIN(s) and Username(s) and you acknowledge that you may be liable for any damage to or misuse of your +Card(s), PIN(s) and/or Username(s), if you do not properly undertake the actions described in Sections 2 to 4.
- You acknowledge and understand that the +Card, PIN, or Username allow access to all the Personal Information you have disclosed to MedicAlert and, in providing a +Card, PIN, or Username to a Designated Person, you are consenting to MedicAlert sharing your Personal Information with the Designated Person.
- The +Card(s), PIN(s) and Username(s) are to be used by you and a maximum of nine (9) Designated Persons. These are the only permitted users and they should not be shared with any other individual or entity. Should you wish to change a Designated Person, you must either,
- retrieve the +Card from the previous Designated Person and provide it to the new Designated Person; or
- cancel the +Card held by the previous Designated Person via your Profile or by contacting MedicAlert customer service and purchase a new +Card for the new Designated Person.
- You are responsible for overseeing and controlling the ownership and access to your +Card(s), PIN(s), and Username(s) by yourself and all Designated Persons through your Profile and you acknowledge that should you wish to change or disable access to the +Card(s) you may do so via your Profile.
- You must immediately inform MedicAlert of any actual or suspected damage, loss, theft, or unauthorized use of your +Card(s), PIN(s), or Username(s) via your Profile or by contacting MedicAlert customer service. If the latter is not available, for example if it is outside of regular business hours, you must disable your +Card on your Profile. MedicAlert is not liable to you due to any delay in reporting any actual or suspected damage, loss, theft, or unauthorized use. MedicAlert shall take whatever steps it deems necessary to recover +Cards, PINs, or Usernames and to try to ensure there is no unauthorized access to your Personal Information. You agree that you shall cooperate with or assist MedicAlert where necessary.
- You are charged a fee for the replacement of any damaged, lost, or stolen +Card(s). Once a replacement +Card has been issued, the previous +Card, which was damaged, lost or stolen, is deemed cancelled and cannot be reactivated for any reason.
- The +Card and the +Card subscription are add-ons to your regular MedicAlert subscription and are not standalone products. You must have a regular MedicAlert subscription, and agree to MedicAlert’s Subscriber Agreement, to purchase the +Card. Upon notice to you (see Subscriber Agreement for details), MedicAlert may change the price of the +Card subscription.
- Your initial +Card subscription term is one year starting from the date of purchase and will automatically renew at the end of the term.
- You may cancel your +Card subscription at any time on your Profile or by contacting MedicAlert customer service. Note that if you cancel your +Card subscription, your regular MedicAlert subscription shall continue, unless specifically cancelled via your Profile or by contacting MedicAlert customer service. However, if you cancel you MedicAlert subscription, your +Card subscription will automatically be cancelled as well. For Subscribers resident in Quebec, such cancellation will take effect by operation of the law on the sending of the notice, or on the date specified in the notice. You will be reimbursed pro rata for the unused portion of your +Card Subscription. For Subscribers in other provinces, your cancellation will take effect immediately; however, you are not entitled to a refund.
- Upon cancellation, suspension, or termination due to non-payment, or notification of death, of your MedicAlert subscription or your +Card subscription, MedicAlert shall disable the +Card and the QR Code will no longer be active and available for use within seventy-two (72) hours.
- Use of the +Card requires scanning of the QR Code located on the front of the +Card and then entering the PIN and, if applicable, the Username. You acknowledge and understand that the +Card is intended to facilitate access to your Personal Information in non-emergency situations. MedicAlert is not liable for any damages resulting from the use of or reliance on the +Card during an emergency.
- Scanning of the QR Code followed by entering the correct PIN and, if applicable, the correct Username, displays the most recent record of your Profile on the smartphone or mobile device utilized for scanning. This record is “Read Only” and cannot be edited. Should you wish to make changes to your information, you must do so by logging in to your Profile or contacting MedicAlert customer service.
- MedicAlert tracks IP address and login attempts and may utilize this function to determine if there is any unusual behaviour related to the +Card for security purposes. You understand that MedicAlert may contact you, or suspend or terminate your +Card if, in MedicAlert’s sole discretion, it is determined that there is unusual behaviour on your +Card, or you or a Designated Person is inappropriately using the +Card or has violated these Terms and/or our Subscriber Agreement.
- After five (5) failed login attempts from the same IP address, login from that IP address will be blocked for two (2) minutes. After three (3) additional failed login attempts from that same IP address, login from that IP address will be blocked for an additional twenty-four (24) hours. After three (3) failed login in attempts due to incorrect PIN, access to your +Card is deactivated, and you must either go to your Profile or contact MedicAlert customer service to reactivate.
- The Personal Information on your Profile is exclusively reported by you. You must keep your Personal Information up to date and accurate. If at any time the Personal Information is not up to date or accurate, you must inform any Designated Persons of this.
- The +Card, Profile, and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by MedicAlert, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
- MedicAlert does not warrant that the +Card, QR Code, and Profile are uninterrupted, error-free, or free of viruses or other harmful components. Unfortunately, the transmission of information via the Internet is not completely secure. Although MedicAlert does its best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the +Card. Any transmission of Personal Information is at your own risk. Further, MedicAlert is not responsible for circumvention of any privacy settings or security measures utilized in the delivery of the +Card services.
- Except where prohibited by law, under no circumstances will MedicAlert be liable for damages of any kind arising out of or in connection with your use, or inability to use, or reliance on the +Card, QR Code, or Profile, nor any Profile content, materials, posting, or information thereon.
- These Terms contain all of the understandings and representations between you and MedicAlert relating to your use of the +Card and supersedes all prior and contemporaneous understandings, representations, terms and conditions, discussions and warranties, both written and oral, with respect to your use of the +Card; provided, however, these Terms and Conditions shall not supersede any Subscriber Agreement between you and MedicAlert.
- You acknowledge that MedicAlert may update and revise these Terms from time to time.