1. What the Contract and Service Agreement Covers

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This is a Contract and Service Agreement between you and eMedica Technologies Inc.  herein referred to as ("eMedica", "we", "us" or "our"). This Contract and Service Agreement applies to the use of an eMedica® Electronic Personal Health Record Service Account (the "Service") designed for exclusive use with the eMedica Personal Health Record Card®. By using or accessing the Service, you confirm that you agree to these terms. If you do not agree, then use of the Service may not be possible.

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2. To Use the Service

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You must be:

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• of legal age and deemed to be an adult in your country of residence.

• responsible for the Service access and use by your designated representative, your employees, care givers and any family member, especially if under the legal age of majority in your country of residence.

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3. The Service

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The Service is intended for you to conveniently manage and store your personal health related information. You will be allocated a Personal Service Account Number unique to you.

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You may decide to authorize others, including healthcare providers, to have access to your personal Service Account. The information stored in your account is historical and not intended to be used for medical diagnosis or treatment and may not always be accurate or up-to-date.  The information should be viewed by any health care professional as informational only.

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When using the Service, you must comply with the terms of this Service Agreement, and all applicable laws.

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You must not use the Service to harm, threaten, or harass another person, organization, or eMedica. You must not damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, re-route, or gain access to the Service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by eMedica, or metasearching) to access or use the Service.

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You may be able to access third-party websites or services via the eMedica Service. You acknowledge that eMedica is not responsible for such websites, services or content that may be so accessed.

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You may start using the Service as soon as you have finished eMedica’s sign-up process and you have received your personal eMedia card.

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4. Your Service Account

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You will be allocated a Personal Service Account Number unique only to you. Only you or your authorized representative may use your account, its access information or credentials. You are strongly advised to ensure that your account access information is secure and protected just as you would your banking information.  You must contact eMedica immediately if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity that takes place on your Service account.

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5.  Changes to the Service and Cancellation

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eMedica reserves the right to change the Service, add or delete features at any time. Should eMedica detect any misuse or unauthorized access to, we may suspend or cancel your account or your access to the Service. If your service is canceled, your right to use the Service stops immediately. eMedica will advise you by email if your service has been cancelled.

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6. Notices

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This contract and Service Agreement is in electronic form. By buying the eMedica Service accessed through use of your eMedica Card you agree that we may send you, in electronic form, information about the Service, its features and any changes in addition to any information required by law. Notices emailed to you will be deemed given and received when the email is sent.

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7. Cancellation of Services and return policy

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If you wish to cancel your ePHR services with eMedica and are a client using:

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a. Monthly subscription: You will be time charged for the number of months remaining on your one year contract. You are not required to return the eMedica card once full payment has been received by eMedica.

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b. Advanced payment: No refund can be provided. You are not required to return  your card to eMedica.

 

8. Terms on contact policy

 

You are providing consent to be contacted by eMedica via phone, email, fax or mail. (Your agreement is required under current Anti-Spam legislation)

 

9. Ordering the products or services from website

 

eMedica reserves the right to modify the prices charged, or to add or remove any products or services from the website, at any time without prior notice. . Price quotes provided to you prior to any price modification will  be honored for any purchase made up to 30 days from the date of the quotation.

 

10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

 

EMEDICA ASSUMES NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED INTO THE EMEDICA WEBSITE, SYSTEM, NETWORK OR CARDS.

 

11. EXCLUSION OF DAMAGES

 

EMEDICA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE EMEDICA WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

 

12. INDEMNITY

 

You agree to defend, indemnify, and hold harmless eMedica its Website, affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees.

 

13. Force Majeure

 

eMedica shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay eMedica’s performance. EMEDICA SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.