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Terms of Services

Healthcard.ca Inc.’s Terms of Service were last modified on: January 13,2022

 

Healthcard.ca Inc. Terms of Service

 

  1. General

 

Healthcard.ca Inc (“HCI”, “we”, “us” or “our”) provides the Healthcard Platform via its mobile applications (collectively, with any new features and applications, the “Services”).

 

Please read our Terms carefully since they are legally binding and have sections which contain important information about use, rights, liability, and your obligations and matters related to disputes, including the exclusive use of arbitration to resolve disputes. All defined terms, unless otherwise set out in the body, are provided at the end of these Terms of Use.

By using our Platform, you expressly acknowledge that you have read these Terms of Use and agree to all terms and conditions herein. If you do not, or are unable to, agree to our Terms, please do not open an Account to use our Platform. If you set up an Account or use our Platform, you shall be considered to express your consent and agreement with our Terms. For any clarification, please contact us at info@healthcard.ca.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using the Services, you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

  1. Healthcard Services 

Description of Services: The Healthcard Services are offered as an online medial crowdfunding platform that allow an individual organizer (“Recipient”) to request funding and accept monetary contributions (“Donations”) from subscribers (“Donors”). Healthcard Services automatically calculates the requested funding and delivers the Donation sum (“Fundraiser”) to the Recipient.

 

  • Donors: Healthcard only accepts monetary contributions from individuals registered with the Services.

  • Recipients:  Healthcard requires individuals accepting monetary contributions to be registered and provide verification of their medical case.

  • Fundraisers: Healthcard algorithms predict the number of campaigns, calculate the maximum target level of funding and fulfill the fundraiser across all members at a given point in time, based on the donations available.

 

Payment Processor: The services are administrative platforms only. Healthcard is not a broker, agent, insurer, financial institution, creditor or non-profit corporation. Healthcard is not a payment processor and does not hold any funds. Instead, Healthcard uses a third-party payment processing partners to process funds. 

 

Transaction Fees: The Services are provided by processing transaction fees of 30%, including debit and credit charges, and are deducted from each monthly recurring donation. 

 

Verification of Medical Information: All information and content provided by HCI relating to the Services is for informational purposes only. While Healthcard attempts to confirm the presence of a medical case, HCI does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. You acknowledge that all information and content accessed by you using the Services is at your own risk.

 

Sum and Use of Donations: HCI has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not selectively endorse any Fundraiser and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. HCI merely provides the technology to allow Recipients to connect with Donors. By using the Services, you understand and agree that HCI shall not be responsible for the use of your Donations, or the amount of funds raised for the Recipient.

 

  1. Service Modifications

HCI reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

 

  1. Registration Requirements

You are required to register with HCI in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Recipients must be actively registered at the time of their funding request and use their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image on a government issued identification card that depicts the Recipient of such Fundraiser. You agree to keep registration information current and up to date.

Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Services, with or without registering. In addition, if you have been previously diagnosed with a cancer, or have received a date of consult for a presumptive cancer within 90 days of your registration, or are over the age of 65, you may use the Services, but you are not eligible to receive any Donations thereafter. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom HCI has entered into contracts, in order to be able to benefit from their services. If HCI or our Payments Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended and/or terminated with immediate effect and fines may be applied by relevant authorities, which will in all such cases be payable by you. You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

  1. Account Maintenance

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify HCI of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. HCI will not be liable for any loss or damage arising from your failure to comply with this Section.

 

You may decide at any time to cancel your Account. Please note that if you cancel your Account, you will no longer be eligible to receive Donations as outlined in the Terms of Service. 

 

HCI reserves the right to suspend/cancel your account if deemed appropriate, and you may not be able to retrieve your data but you may request access to your data within seven (7) days of your Account suspension/cancellation. 

 

  1. Donors and Conduct 

When you register, it is your responsibility to understand how your money will be used.  Although we do attempt to verify that the information that Recipients supply is accurate to prevent against fraudulent activity, nor do we represent or guarantee that the Donations will be used for any healthcare cost.

HCI makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. HCI will have no liability for any claim by any federal, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.

In order to register and contribute to Fundraisers, a Donor will be required to provide HCI information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s HCI account (a “Billing Account”). You, as a Donor, represent and warrant to HCI that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless HCI, in its sole discretion, agrees to issue a refund. HCI uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. HCI’s payment processer is Stripe, Inc.

 

  1. Recipients and Conduct

You, as an Recipient, represent, warrant, and covenant that: (i) all information you provide in connection with your profile, medical information and, Fundraiser is accurate, complete, and not likely to deceive HCI or any Donors; (ii) all Donations contributed to your Fundraiser will be used solely by you; (iii) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (iv) and to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize HCI, and HCI reserves the right, to provide information relating to your Fundraiser to Donors of your Fundraiser or law enforcement, and to assist in any investigation thereof.

  1. Processing Donations

 

From time to time, HCI may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not  limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer, (iii) a Fundraiser or Organizer has violated these Terms of Service, (iv) the Organizer is colluding with Donors to engage in fraudulent activity, (v) there may be suspicious or fraudulent Donation activity, or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations

 

  1. Withdrawing Donations from a Fundraiser

 

While HCI strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately, (ii) HCI does not guarantee that Withdrawals will be available to you within any specific time frame, and (iii) HCI expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Recipient, are responsible for ensuring that the information you provide to HCI in order to process a Withdrawal, including bank account information, is accurate and up to date. HCI is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by HCI issuing refunds, including, but not limited to transaction or overdraft fees.

 

  1. Taxes

It is your responsibility to determine what, if any taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the proper tax authority.

 

  1. Liability

 

You acknowledge and agree that your use of and access to the App, Website, and our Service is at your own risk and responsibility and HCI does not accept any responsibility or liability for use or misuse in breach of these Terms of Service. 

 

You agree to be responsible for any damages to HCI resulting from your use of the App, Website, and our Service in breach of these Terms of Service and to indemnify HCI and its directors, employees, agents, and representatives from any liability in which they may occur as a result of your breach of these Terms of Service. 

 

Any claim you bring under these terms must be brought solely against Healthcard.ca Inc.

 

You agree that, subject to applicable law, we will not be liable to you for an amount greater than the total amount of the Subscription Fee’s paid to us by you except in the event that a dispute arises from the rejection of a Sum Application. If such an event arises, you agree that HCI will not be liable to you for an amount greater than the Sum.

 

To the extent permitted by law, in no event will HCI be liable to you for indirect, general, incidental, consequential, exemplary or other damages even if we have been advised of the possibility of such damages. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of these Terms of Service or of any fundamental breach of these Terms of Service.

 

Our Services, Website, the software underlying the Services and Website, are provided to you on an ‘as is’ basis without a warranty of any kind being provided by us. To the extent permitted by law, HCI disclaims all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including but not limited to warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third-party rights. 

 

The Service provided is for private personal use only and we are not responsible for any losses you suffer arising out of the use of our Service which are business losses. 

 

We are not liable for loss or unauthorized access to your data where it results from you not following these Terms of Service and the advice and instructions regarding usage contained herein. As such, even though we have developed our App, Website, and Service with the objective of keeping your personal and medical information safe and secure, it is your responsibility to follow the usage instructions and advice of these Terms of Service.


 

  1. Intellectual Property

 

HCI owns the copyright and all other intellectual property rights (including, but not limited to, trademarks, patents, and trade secrets) in the App, Website, and the Service including their design, source code, and all content included in any of them (“HCI IPR”). 

 

Your are permitted to use HCI IPR for the following purposes:


 

a.              in or to receive and access our Service, 

b.              store it on a compatible device for personal use, 

c.              print/photograph copies of it for your personal use, and

d.              to communicate information and materials regarding HCI IPR to your Doctor.

 

You are not permitted:

 

a.              to copy, distribute, reproduce, produce any derivative works, publicly communicate, make available, extract, or make any business/commercial use of HCI IPR,

b.              to remove or obscure any notices regarding HCI IPR.

 

We grant you, the User, a limited license to access and make personal use of the Services. You are not permitted to modify the Service platform, or any portion thereof, without the express written consent of HCI. This license does not include any resale or commercial use of the Service Platform or its contents, any derivative use of or its contents, or any use of data mining, robots, or similar data gathering and extraction tools. The Service Platform, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or business purpose. Any unauthorized use terminates this license granted by HCI, the permission granted to use the Service Platform, and constitutes a breach of these Terms of Service subject to termination of your subscription. 

 

You are not permitted to use any logo or other proprietary graphic or trademark of ours without express written permission. If any open-source software is included in the App, the terms of an open-source license may override some of the terms set out in this section.

 

  1. Release and Indemnification

 

You agree to indemnify, defend, and hold harmless HCI, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of: your improper use of our Platform, including your violation of any of the provisions in these Terms of Use; allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; or negligence or willful misconduct by you or any third party on your behalf in connection with our Platform.

We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

  1. Governing Law

Our Terms and any access to or use of our Platform shall be governed by, and construed in accordance with the internal laws of the Province of Nova Scotia and the federal laws of Canada therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Nova Scotia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Nova Scotia.

 

  1. Notices

 

Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:

  1. 603-1488 Birmingham St., Halifax, NS B3J 2J5

or by email to:

  1. info@healthcard.ca

Any notice to you shall be given to the most current email address in your Account.

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