NAVIVA Terms and Conditions

GPS Subscriber Agreement

Last updated: March 24, 2026
Effective date: March 24, 2026

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 through its products and Services (defined below). By becoming a GPS Subscriber of MedicAlert, you agree to the terms and conditions of this GPS Subscriber Agreement (“Agreement”) and to MedicAlert’s Privacy Policy, incorporated herein by reference.

DEFINITIONS
1. “Authorized Representative” means an individual other than the Subscriber, who has the authority to register a Subscriber for MedicAlert Services and, subsequently, manages the Subscriber’s profile on the Subscriber’s behalf. An Authorized Representative may be a legal guardian of a Subscriber, a close relative of a Subscriber, a professional or other individual with a duty of care to a Subscriber, or a person identified at the time of registration as being an individual that the Subscriber has given consent to engage with MedicAlert on the Subscriber’s behalf. For the purposes of this Agreement, an Authorized Representative may also be referred to as “you” or “your” as applicable;
2. “Emergency Contacts” means the individuals identified by the Subscriber or Authorized Representative that MedicAlert may contact in the event that the Subscriber is experiencing a Subscriber Event;
3. “GPS Device or Device” means the GPS tracking product or equipment you purchase from MedicAlert and any parts or fittings thereto;
4. “Location Data" means information concerning the geographic location of the GPS Device and by inference, the Subscriber, collected via GPS, WI-FI, cellular networks, or other technologies;
5. “Minor” means an individual who has not attained the age of legal majority in their province or territory of residence;
6. “Order” means the request by you for the MedicAlert GPS Device or Services, including the items themselves and any additional costs such as shipping, tax, etc.
7. “Personal Information” means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information. Personal Information does not include de-identified, anonymous, or aggregate information that cannot reasonably be associated with a specific individual. Personal Information includes medical information;
8. “Profile” means your online account containing your Personal Information, Emergency Contacts, GPS Device settings and location history;
9. “Quebec Subscribers” means subscribers of MedicAlert services who are resident in the Province of Quebec at the time they enter into this Agreement
10. “Responders” means personnel at police departments, fire departments, emergency health services, health professionals, 911 centers, and those who hold a valid first aid certification;
11. “Services” means the services provided to you by MedicAlert under this Agreement;
12. “Subscriber” means the person identified in the Order applying to be a user of the MedicAlert Services. For clarity, the Subscriber is the individual to whom the Services shall apply. For the purposes of this Agreement, a Subscriber is also referred to as “you” or “your” as applicable;
13. “Subscriber Event” means any emergency, medical, or personal safety event experienced by a Subscriber that requires immediate action;
14. “Vulnerable Subscriber” means a Subscriber who is either unable to give their informed consent or who is incapacitated in some manner that prevents them from entering into this Agreement themselves.
SCOPE
1. This Agreement governs your rights and obligations as a Subscriber with respect to your use of the GPS Device and Services.
2. This Agreement gives you specific legal rights, and you may have other rights that vary from province to province. Other than as permitted by law, we do not exclude, limit, or suspend other rights you may have. Residents of Quebec, who are Subscribers, are governed by that province’s consumer protection legislation.
REGISTRATION
1. To apply for the MedicAlert’s GPS Device, you must have attained the age of legal majority in your province or territory of residence, and be;
  1. Applying on your own behalf; or
  2. Applying on behalf of an adult person who is not capable of applying for our Services for himself, herself, or themselves, and you are completing the application as an Authorized Representative.
2. When you apply for the Device, you must complete a Subscriber application either online, over the phone with a MedicAlert staff member, in person through a digital form, or on paper and sent by mail to MedicAlert.
3. This Agreement is effective on the date upon which you agree to the terms and conditions herein (“Effective Date”). On the Effective Date, you are entering into a legally binding agreement with us and agreeing to the terms and conditions set out in this Agreement, in addition to our Privacy Policy, which can be found online HERE.
4. You or an Authorized Representative must provide complete and accurate information for your Profile and keep it updated.
5. You are responsible for designating and informing your Emergency Contacts.
AUTHORIZED REPRESENTATIVES
1. If you are an Authorized Representative, (i) you represent and warrant that you have full power and authority to enter into this Agreement on behalf of the Subscriber; (ii) you agree that you are responsible for managing the Subscriber’s Profile and ensuring that the Subscriber’s Profile remain accurate, and up to date, at all times; (iii) in the event of the Subscriber’s death, you must promptly advise MedicAlert and seek to terminate the Subscriber’s MedicAlert account; and (iv) at any time, MedicAlert may request supporting documentation confirming your authority to act as an Authorized Representative and you must provide such documentation to MedicAlert upon request.
2. If a person is acting as an Authorized Representative, MedicAlert may assume that the Authorized Representative is empowered to act on behalf of the Subscriber.
3. MedicAlert is not liable for acts, omissions or errors resulting from an Authorized Representative’s (i) failure to appropriately manage the Subscriber’s Profile; or (ii) any misuse or mismanagement of the Subscriber’s account whether knowingly or unknowingly.
EMERGENCY CONTACTS
1. During registration you must provide the contact information for Emergency Contacts that MedicAlert may contact during a Subscriber Event.
2. In providing this information, you represent and warrant that you have informed each Emergency Contact that they are listed as such on your Profile, that MedicAlert may contact them during a Subscriber Event, and that they have agreed to be one of your Emergency Contacts.
3. If MedicAlert needs to contact Emergency Contacts, we may discuss your Personal Information with the Emergency Contact. In providing us with Emergency Contacts, you consent to MedicAlert discussing and disclosing Personal Information with your Emergency Contacts for the purposes of providing the Services.
PROFILE INFORMATION
1. Your Profile contains all the Personal Information that you provide to us including contact details, medical information, and may also include socio-economic or demographic information.
2. Your Profile must contain your email address and your Canadian mailing address.
3. You understand that the Personal Information you provide to us is critical in a Subscriber Event and for the provision of our Services.
4. You understand that we rely on you to ensure that your Personal Information is up-to-date, complete, and accurate. You agree that your Personal Information shall always be complete and an accurate record of the Personal Information you wish to have disclosed in a Subscriber Event.
5. You acknowledge and agree that Responders, to whom the Personal Information is disclosed during a Subscriber Event, are entitled to rely on such Personal Information and may make medical decisions about you in reliance on that Personal Information.
6. MedicAlert is not liable for acts, omissions, or errors resulting from your failure to appropriately manage and update your Profile or any misuse or mismanagement of your account whether knowingly or unknowingly.
USE OF THE SERVICES AND DEVICES
1. You agree to use the Services and Devices in compliance with:
  1. all applicable laws.
  2. any Third-Party Agreements.
  3. this Agreement and other MedicAlert policies and guidelines.
2. The Device is for use only by the Subscriber. You must keep the Device charged, in good working order, and report any loss or damage immediately. Service interruptions due to a dead battery, broken device, or lost Device are your responsibility.
3. You agree that (a) your use of your Device shall be within our network coverage area (b) the Services may only be used by Devices provided by us or approved by us in writing.
4. During registration, you must designate a primary contact telephone number (the “Primary Number”) that will be used by us, our service providers, or Responders to contact you or your Authorized Representative in connection with the Services.
5. You acknowledge and agree that only the Primary Number will be called for voice communication relating to alerts, emergencies, or account notifications. It is your sole responsibility to ensure that the Primary Number remains accurate, active, and monitored at all times.
6. MedicAlert is not liable for any failure to reach you, any delay in response, or any resulting harm or damage arising from your failure to maintain an accurate and functional Primary Number, or from your decision not to answer calls placed to the Primary Number.
7. For clarity, our obligation to call the Primary Number is limited to making a reasonable number of attempted calls to that number. We are not responsible if the call is not answered, goes to voicemail, or is otherwise not successfully connected.
8. The Services may include the ability to establish virtual geographic boundaries (“Geofences”) that, when crossed by the Device, may trigger an alert to you, your emergency contacts, or your Authorized Representative. You are solely responsible for setting up, configuring, and maintaining any Geofences through the GPS platform or associated application. MedicAlert will not establish, adjust, or monitor Geofences on your behalf.
9. MedicAlert is not liable for any failure to receive an alert, any delay in alert delivery, or any resulting harm or damages arising from (a) improperly configured Geofences (b) failure to set up a Geofence (c) technical limitations affecting Geofence accuracy or alert delivery including those outlined in Section 8 (d) your reliance on Geofences as a primary safety mechanism.
10. You agree not to use or allow others to use the Services or your Devices where such use results in any illegal or offensive activities, including without limitation (a) the commission of a criminal offense (b) causing network instability or otherwise disrupting or interfering with any network, devices, or services provided to others by MedicAlert (c) invading another person's privacy, collecting, or storing without authority personal data or information about other persons, or accessing or attempting to access without authority the information or devices of others (d) any other activities which would damage, interfere with, or otherwise cause harm to our business operations, services, reputation, employees, facilities, or Service Providers.
11. You acknowledge that: (a) network or Service coverage and quality may vary without notice depending on many factors, such as the area you are in, terrain, weather conditions, your Device itself, battery level, network capacity, malfunction of equipment, maintenance, upgrades, and whether your Device has an unobstructed view of the sky. Coverage areas are approximate and may not provide complete global coverage (b) data or information collected by us or our Service Providers or otherwise accessed through the Devices or Services may not be stored or retrievable by you while you are outside of our coverage areas (c) delays in receipt of data or information are normal (d) your Device may go into “sleep mode” based on the Device’s pre-determined “sleep mode” settings or non-use, and Devices which are in “sleep mode” will not operate until the Device is properly re-activated (e) third parties may intercept data or information transmitted through the Devices or Services without our knowledge.
SERVICE NATURE
1. You acknowledge and agree that GPS-based Services have inherent and unavoidable limitations.
  THE SERVICE IS NOT A GUARANTEE OF SAFETY, A LIFESAVING DEVICE, A MEDICAL DEVICE OR AN EMERGENCY RESPONSE SYSTEM.
2. Location Data may be inaccurate, delayed, or unavailable due to factors beyond our control, including but not limited to: lack of GPS satellite or cellular network signal; device battery failure; physical obstructions; or system maintenance.
3. You agree and acknowledge that the Service provides tools for monitoring and alerting, but it does not and cannot guarantee that alerts will be received, seen or acted upon by Authorized Representatives or Responders in a timely manner, or at all.
  YOU ARE RESPONSIBLE FOR RESPONDING TO OR DIRECTING OTHERS TO RESPOND TO ANY ALERTS.
4. The effectiveness of the Service depends on (i) the Subscriber keeping the Device adequately charged and worn/placed as instructed; (ii) the accuracy of the information in your Profile; and (iii) the vigilance of your designated Authorized Representative or Emergency contact in monitoring the platform.
  MEDICALERT IS NOT LIABLE FOR ACTIONS OR INACTIONS OF SUBSCRIBERS, EMERGENCY CONTACTS, AUTHORIZED REPRESENTATIVES, OR RESPONDERS.
SERVICE PLANS
1. MedicAlert offers fee-based service plans for access to its Services. At registration, you will select a service plan at a specified price and duration (“Service Plan”). The price of the selected Service Plan is applicable for the duration of the service term (“Service Term”).
2. Monthly service plans are recurring subscriptions that once activated, cannot be waived, paused, suspended, or placed on hold for any period of time, regardless of the reason.
3. You agree that monthly fees will continue to accrue and be billed to your chosen payment method on a recurring basis until the Service Plan is validly terminated in accordance with Section 20 (Termination).
4. MedicAlert reserves the right to modify the Service Plans it offers including the nature of the Services, term lengths, and prices. MedicAlert shall provide you with written notice of these changes in accordance with Section 19 (Material Change).
5. From time to time, MedicAlert may offer programs that subsidize your costs (“Subsidized Program(s)”). If you are eligible for a Subsidized Program, the Service Plan may be based on the particular program subsidy you receive. Each Subsidized Program is subject to specific requirements that are outside the scope of this Agreement.
SOS BUTTON FUNCTIONALITY AND GEOGRAPHIC LIMITATIONS
1. This Section applies if you have purchased a GPS watch, GPS pendant or other Device equipped with an SOS button function (the “SOS Feature”)
2. The SOS Feature is designed to function only when the Device is located within Canada or the United States. If the Subscriber or Device is located outside of this geographical area, the SOS Feature will not function and will not connect you to any response center or any emergency contacts.
3. You acknowledge and agree that MedicAlert has no liability whatsoever for any injury, loss, damage, or delay arising from the use or attempted use of the SOS Feature outside of Canada or the United States.
MEDICALERT GPS DEVICE
1. The Subscriber is the only person that shall wear the MedicAlert GPS Device. You must not permit another individual to wear your personalized MedicAlert GPS Device.
2. Your MedicAlert GPS Device must only be worn when all information on your Profile is correct and up to date.
3. If you allow another individual to wear the MedicAlert GPS Device, you acknowledge that there is a risk of an incorrect intervention if that person is in an emergency. MedicAlert expressly disclaims any responsibility for ensuring the MedicAlert GPS Device is worn by the correct individual or for any outcomes that may occur as a result of another person wearing your MedicAlert GPS Device.
4. You acknowledge and agree that you assume full responsibility for the care, handling, and safekeeping of the MedicAlert GPS Device from the moment it is delivered to you until its service is terminated. MedicAlert shall have no responsibility, liability, or other consequences resulting from any delay or failure to provide our Services where your MedicAlert GPS Device has been damaged while in your possession or control. To fullest extent permitted by applicable law, MedicAlert disclaims any and all liability for any damage to the MedicAlert GPS Device, including but not limited to:
  1. Accidental damage, such as drops, impacts, or exposure to liquids, extreme temperatures, or environmental conditions;
  2. Misuse or abuse, including failure to follow provided instructions or safety guidelines
  3. Unauthorized repairs, tampering or modifications by you or any third party
  4. Normal wear and tear, including battery degradation over time
  5. Loss or theft of the Device
5. The MedicAlert GPS Device and related Services are not medical devices as defined under the Food and Drugs Act (Canada) or similar legislation in any jurisdiction. You expressly acknowledge and agree that;
  1. The Device is not a substitute for professional medical care or supervision
  2. You remain solely responsible for your health and safety and for obtaining appropriate medical care when needed; and
  3. You should not rely on the Device for any health-related decision, including whether to seek emergency medical attention.
6. You must ensure your applicable MedicAlert GPS Device is in the correct size prior to placing an Order.
7. Failure to wear the MedicAlert GPS Device appropriately will impact Service delivery and may make it impossible for Responders to contact MedicAlert and access your Personal Information during a Subscriber Event.
8. MedicAlert is not liable for acts, omissions, or errors resulting from your failure to order an accurate, MedicAlert GPS Device.
PRICE AND PAYMENT
1. Unless expressly stated, all prices quoted by us, whether on our website, printed material or provided to you over the phone are in CAD and do not include applicable sales tax or shipping and handling fees. We will provide you with complete details of sales taxes and shipping costs on your Order prior to purchase. If you request expedited shipping, your Order will also outline any applicable courier fees that result for expedited shipping.
2. When you register to become a MedicAlert GPS Subscriber, MedicAlert shall charge you a one-time registration fee, the amount of which is communicated to you prior to purchase. This fee will also appear on your invoice.
3. The Device and Services may rely on cellular or other wireless networks that are subject to roaming charges when used outside of its designated home network coverage area (“Roaming Services”). You acknowledge and agree that charges for Roaming Services may not be calculated or billed in real time. Roaming fees may be billed to you up to sixty (60) days after the roaming services are provided, depending on when our third-party network operators provide us with the applicable usage data and charges.
4. By using the Device or Services in areas that may incur roaming charges, you agree to pay all applicable roaming fees, even if you are notified of such charges after a delay.
5. We reserve the right to increase your Subscription fees during the Service Term. MedicAlert shall provide you with written notice of this change in accordance with Section 19 (Material Change).
6. We reserve the right to correct any pricing errors published due to human error, computer malfunction, or any other reason. We will notify you if there is a pricing error that relates to your Order, and you may elect not to proceed with any purchase affected by a pricing error.
7. You must pay for the Product and Services at the time you register with MedicAlert whether by providing payment online, in person, over the phone, or by mail.
8. Service Plan fees are either prepaid upon registration or paid monthly depending on the Service Plan selected. If you are under an applicable Subsidized Program, payment shall occur in accordance with the requirements of the Subsidized Program. You may pay Service Plan fees by credit card, cash, cheque, or pre-authorized debit (“Payment Method”). MedicAlert uses a third-party payment processor to complete payments.
9. In the event that your payment for your MedicAlert Services is late, you must rectify your account immediately. MedicAlert shall provide you with a 10-day Grace Period (“Grace Period”), starting from the date of the missed payment to bring your account into good standing. If after that Grace Period your account remains outstanding, your account automatically becomes dormant, your Personal Information will not be available to Responders, and you will not have access to MedicAlert Services. MedicAlert shall hold your dormant profile for an 80-day period during which time you have a final opportunity to rectify your account by paying your late payment and an additional reactivation fee. If you fail to rectify your account by the end of the 80-day period, MedicAlert shall terminate your subscription in accordance with Section 21 (Effect of Termination). If you would like MedicAlert to automatically terminate your account after the Grace Period, you must notify us of this.
10. You hereby authorize MedicAlert to charge your Payment Method the Service Plan fees in accordance with this Agreement and your Service Plan.
11. The Authorized Representative may pay the Service Plan fees on behalf of the Subscriber.
SHIPPING AND DELIVERY
1. Shipping may be directly from MedicAlert or from a third-party supplier.
THIRD PARTY SUPPLIERS
1. At its discretion, MedicAlert reserves the right to use third party suppliers for the purposes of providing its Services. Such third-party suppliers may be subject to their own terms and conditions. In the event of conflict between MedicAlert’s terms and the terms of the third-party suppliers, MedicAlert’s terms shall prevail. Any representations made by the third-party suppliers shall be the sole responsibility of the supplier and not of MedicAlert.
ADDITIONAL AGREEMENTS
1. The use of some or all our Devices or Services may be subject to additional policies, guidelines, price lists, or other agreements adopted by MedicAlert. Such additional policies, guidelines, price lists, and other agreements form a part of this Agreement. Including but not limited to: (a) third-party software use and license agreements, (b) manufacturers’ limited warranties for Devices.
2. You agree to review and be bound by all such Third-Party Agreements as a condition of your use of the Devices or Services.
WARRANTY FOR GPS DEVICE
1. For the purpose of this Warranty, a MedicAlert GPS Device means a product which is manufactured by or on behalf of MedicAlert and bears a trademark owned or used by MedicAlert.
2. The MedicAlert GPS Device comes with a one-year warranty beginning on the date the Subscriber purchases the Product. If any Product is backordered, the warranty begins on the date that the Product is shipped. This warranty only covers repairs or replacements that are required solely due to manufacturer defects and errors. A claim must be made within the warranty period.
3. For the avoidance of doubt, any and all warranties or conditions which are not guaranteed, and which are not expressly included in this Warranty as additional warranties or conditions are excluded. This warranty does not cover damage resulting from:
  1. Normal wear and tear. This includes, but is not limited to, tarnishing or scratching on emblems, chains, or attachments, or blemishes naturally found on leather Products;
  2. Accidental damage or breakage;
  3. Fire, water (liquid spillage or ingression);
  4. Misuse or incorrect operation or not following the operation instructions (as stated in the instructions provided by MedicAlert);
  5. Improper installation;
  6. Allergic reactions to material used in the manufacture of the Product;
  7. Incorrect or improper maintenance or failure to maintain;
  8. Watch batteries;
  9. Incorrect voltage or unauthorized electrical connections;
  10. Adverse external conditions such as power surges and dips, thunderstorm activity, acts of God, acts of terrorism, damage caused by vermin, or any other act or circumstance beyond MedicAlert’s control;
  11. Exposure to excessive heat, moisture or dampness;
  12. Exposure to abnormally corrosive conditions;
  13. use of non-authorized/non-standard, defective or incompatible parts;
  14. password setting/resetting and computer viruses;
  15. repair, modification or other work carried out on the MedicAlert product other than by authorized MedicAlert service personnel;
  16. any damage caused by SIMS where the product is not specifically designed to accept them.
  17. Failure to clean or improper cleaning of the product;
  18. Mishandling, neglect, improper storage or;
  19. Loss or theft of any kind.
4. Warranty is void if the Product has been repaired, or there has been an attempt to repair the Product, by anyone or any entity other than MedicAlert.
5. Warranty may only be used by the Subscriber who purchased the Product and cannot be transferred to another Subscriber, Product, or account.
6. To affect the warranty, the Subscriber or Authorized Representative must call or email MedicAlert customer service, whose contact information is available below or on MedicAlert’s website. When you make any claim under this Warranty it is essential that you provide the serial number of the MedicAlert GPS Device. A claim under this Warranty is not considered formally submitted until this information has been received.
7. If, following receipt of a claim under this Warranty, MedicAlert determines that your claim in respect of a MedicAlert GPS Device is valid, MedicAlert will either repair the MedicAlert GPS Device, or replace the MedicAlert GPS Device with the same or similar product, in each case depending upon what is reasonable in the circumstances and with regard to MedicAlert's statutory obligations. Goods presented for repair may be replaced by refurbished goods of the same type with equal or greater functionality rather than being repaired. Refurbished parts may be used to repair the goods.
8. The warranty on any repaired or replaced MedicAlert GPS Device shall be the balance of the term of the original warranty period.
9. If, following receipt of a claim under this Warranty, MedicAlert determines that your claim in respect of a MedicAlert GPS Device is invalid, MedicAlert may charge you for any labour or parts costs incurred by MedicAlert in assessing your claim.
10. For repairs or replacements outside the warranty period, the Subscriber must ship the Product to MedicAlert. Upon receipt and inspection of the Product, MedicAlert shall provide an estimate of the repair or replacement cost to the Subscriber. If the Subscriber elects to proceed, they must pay this cost to affect the repair or replacement. For all Products, if the Subscriber elects not to proceed with a repair or replacement, they will be required to purchase an operable Product at their own expense including any applicable shipping and handling costs, in order to continue their Service.
11. The Subscriber bears the cost and responsibility of shipping any Product back to MedicAlert regardless of whether it is covered under warranty or not. The Subscriber is responsible for ensuring the Product is packaged in a safe and secure manner and in such a way that it will not be damaged during shipping. MedicAlert will not accept responsibility for damage to the product during transport caused by unsuitable or inadequate packaging.
12. MedicAlert may be required to utilize the services of a third-party to replace or repair your Product.
13. MedicAlert maintains sole discretion on whether to affect any repair or replacement and we reserve the right to refuse the same, regardless of whether it is during or outside the warranty period.
CANCELLATION, REFUNDS, AND RETURNS
1. MedicAlert may, in its sole discretion, choose not to process or to cancel your Order to purchase the Device and Services in certain circumstances. Examples of when this may happen include: i) Device is unavailable, ii) Device was mispriced, iii) suspected fraudulent purchase, or iv) other reasons MedicAlert deems appropriate in the circumstance.
2. MedicAlert does not offer any refunds for the Device if you change your mind about the Device or Services you purchased.
3. For Quebec Subscribers, if you decide to cancel your Service Plan prior to the end of your Service Term, 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 Service Plan
4. For Subscribers in other provinces, no refunds are available for Subscribers on month-to-month Service Plans. For pre-paid plans, if you decide to cancel your Service plan prior to the end of your Service Term, the cancellation will take effect at the end of your then current Service Term. However, MedicAlert shall only provide a refund for any pre-paid amounts that are unused in your current Service Plan if the unused portion of your Service Plan is more than half of your total Service Term. For example, if you pre-paid for a one-year Service Term and cancel after seven months, you will not receive any refund and MedicAlert Services will still be available for the remainder of your one-year Service Term. If you wish to have the effects of termination, as detailed in Section 21, take place immediately, you must notify us.
AUTO-RENEWAL
1. For Quebec Subscribers, at the end of your initial term, your Service Plan will auto-renew on a month-to-month basis. For Subscribers in other provinces, at the end of your initial term, your Service Plan shall automatically renew on either a month-to-month or annual basis, depending on the frequency you selected at registration.
2. You agree that MedicAlert shall automatically renew your Service plan and charge your Payment Method, invoice you, or contact you for payment at the expiration of your Service Plan (“Renewal Date”).
3. If you do not want your existing Service plan to renew you must notify us, in accordance with any necessary notification requirements, that you want to modify your Service Plan or cancel your Service Plan with MedicAlert prior to the Renewal Date. Quebec Subscribers will only have the possibility of selecting a Service Plan with a term of 30 days
4. For Subscribers not resident in Quebec and those not subscribed to a month-to-month Service Plan, we will notify you 30 days in advance of the end of your then current Service Plan to advise you of your upcoming Renewal Date and that your Service Plan will automatically renew.
5. Payment for the renewed Service Plan is due on the Renewal Date. If MedicAlert is unable to process the payment for your renewed Service Plan, we shall contact you to complete the payment. If we are unable to contact you to process the payment, then, upon notice to you, your Services may be cancelled by MedicAlert in accordance with Section 12.9.
6. If your Subscription is under a Subsidized Program, subject to the terms of your Subsidized Program, your Service Plan will not automatically renew, and you must contact MedicAlert to reapply for the Subsidized Program for the purposes of assessing your eligibility.
MATERIAL CHANGE
1. For Quebec subscribers, MedicAlert will provide you with written notice of any material change at least 30 days before the change takes effect. In the event of a change that increases your obligations or reduces MedicAlert’s obligations, you may cancel the Service Plan without cost, penalty, or cancellation indemnity by sending MedicAlert a notice to that effect no later than 30 days after the change takes effect.
2. For Subscribers in other provinces, MedicAlert will provide you with written notice of any material change at least 30 days before the change takes effect. If you no longer wish to continue with your MedicAlert Service Plan as a result of the change, you may terminate your Service Plan and this Agreement by notifying MedicAlert before the change takes effect.
TERMINATION
1. You may terminate or cancel your Service Plan at any time by notifying us in writing or contacting us directly. The provisions of Section 17 shall apply to such cancellation.
2. MedicAlert may terminate this Agreement via written notice and immediately cancel all Services provided to you if you:
  1. fail to make any payment when due;
  2. breach any terms or conditions of this Agreement;
  3. provide misleading information or make any misrepresentations to us;
  4. engrave, deface, or change in any manner your MedicAlert GPS Device ;
  5. are, in MedicAlert’s opinion, abusive or behave inappropriately towards MedicAlert staff;
  6. you are otherwise dishonest or fraudulent in your dealings with us or otherwise in violation of applicable law; or
  7. become deceased and MedicAlert is advised of the same.
3. MedicAlert may terminate this Agreement for any other reason by providing written notice to you at least sixty (60) days in advance of the termination.
EFFECT OF TERMINATION
1. In accordance with our Privacy Policy, MedicAlert shall de-identify your Personal Information upon termination, and such information will no longer be available for use in connection with our Services. MedicAlert may maintain some of your Personal Information strictly in accordance with legislative requirements, including but not limited to, Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 and the Telecommunications Act, S.C. 1993, c. 38. De-identified Personal Information may be used for the purpose of scholarly research that furthers the charitable objectives of MedicAlert.
2. Upon termination taking effect, you must stop wearing your MedicAlert GPS Device. MedicAlert is not liable to you or any third party due to the removal of your Personal Information from our database upon termination of this Agreement.
3. If you have any unpaid Service Plan or other fees, you must pay all balance owing to MedicAlert at termination.
4. If you are a Quebec Subscriber and you terminate your Services in accordance with Section 20.1. or your Services are terminated in accordance with Section 20.3., any unused fees in your current Service Plan will be refunded to you in accordance with Section 17.3.
5. For Subscribers in other provinces, if you terminate your Services in accordance with 20.1 or your Services are terminated in accordance with Section 20.3., any unused fees in your current Service Plan will be refunded to you in accordance with Section 17.4.
INTELLECTUAL PROPERTY
1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Products or Services shall remain at all times vested in us or our licensors. You shall not use this material unless expressly authorized by us and/or our licensors in writing.
WARRANTY
1. SOME JURISDICTIONS (SUCH AS QUEBEC) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU.
2. MEDICALERT EXPRESSLY DISCLAIMS ANY GUARANTEE OF AN IMPROVED EMERGENCY OUTCOME AS A RESULT OF THE GPS DEVICE. THE DEVICES AND SERVICES ARE NOT DESCRIBED AS, OR WARRANTED TO BE, FAULT-TOLERANT OR INTENDED FOR USE ALONE OR AS A PART OF A LIFE-SUPPORT OR EMERGENCY SYSTEM, AND DO NOT GUARANTEE THE SAFETY OF ANY PERSON OR PROPERTY.
3. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCT AND SERVICES ARE AT YOUR SOLE RISK. THE GPS DEVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. MEDICALERT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY MEDICALERT GPS DEVICE OFFERED BY MEDICALERT OR ANY OF MEDICALERT’S THIRD PARTY SUPPLIERS, AND THE ACTS OR OMISSIONS OF YOU AND OTHER SUBSCRIBERS WITH RESPECT TO THE USE OF THE GPS DEVICE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY INFORMATION OR DATA PROVIDED THROUGH THE DEVICES OR SERVICES, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. MEDICALERT MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON ANY MATERIALS OR OFFERED BY MEDICALERT ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. MEDICALERT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE GPS DEVICE WILL BE AVAILABLE 24/7, THAT DEFECTS IN THE DEVICES OR SERVICES WILL BE CORRECTED OR THAT THEY WILL MEET YOUR REQUIREMENTS.
4. YOU ACKNOWLEDGE THAT NO INFORMATION, COMMUNICATION, MATERIALS OR SERVICES PROVIDED BY MEDICALERT OR ANY MEDICALERT STAFF SHALL CONSTITUTE MEDICAL ADVICE. MEDICALERT HEREBY DISLCAIMS ANY LIABILITY ARISING OUT OF YOU RELYING ON MEDICALERT FOR THE SAME.
SUBSCRIBER/AUTHORIZED REPRESENTATIVE REPRESENTATIONS AND WARRANTIES
1. You represent and warrant that:
  1. You have attained the age of legal majority in their province or territory of residence
  2. If you are an Authorized Representative signing up on behalf of any other individual including a Vulnerable Subscriber, you are authorized to accept these terms on behalf of that individual or Vulnerable Subscriber and to bind them to this Agreement.
  3. Your use of the Device is in compliance with applicable laws.
INDEMNITY
1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless MedicAlert, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns, from any claims arising out of or relating to: (a) your activities as contemplated under this Agreement, (b) your use, misuse, or possession of the Services, Devices, or any data or information provided or obtained in connection with the Services or Devices, or the failure to use such data or information or the Services or Devices (c) your breach of this Agreement (d) your breach of any third-party agreement (e) any claims for libel, slander, defamation, the infringement of any intellectual property right, or any property damage, personal injury, or death, arising out of or related in any way directly or indirectly to this Agreement, the Services, or the Devices including all legal fees incurred in connection with such claims on a solicitor and his own client full indemnity basis.
2. MedicAlert relies upon the accuracy of the information that you provide. Therefore, you agree to defend, indemnify, and hold harmless MedicAlert, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors and assigns from any claim, demand, or lawsuit brought by you or any other party or parties for any injury, death, loss, costs, expenses of damaged (including reasonable fees and disbursements of counsel and court costs), arising in whole or in part out of your provision of incomplete or inaccurate information to MedicAlert, any violation of this Agreement by you, and any act or omission by you relating to your use of the Product and Services.
3. You agree that the limitations of liability and indemnities in this Agreement will survive even after this Agreement has ended and apply to anyone making a claim on your behalf and to any claims made by your family, employees, customers, or anyone else arising out of or relating to the Services or Devices.
LIMITATION OF LIABILITY
1. YOU AGREE THAT MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE PRODUCT OR SERVICES, EVEN IF MEDICALERT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FOR CLARITY, MEDICALERT SHALL NOT BE LIABLE FOR ANY ACTION, INACTION, OMISSION OR DECISION OF ANY RESPONDERS TAKEN DURING AN EMERGENCY INCLUDING (I) ANY HARM, DEATH, OR BODILY INJURY CAUSED TO A SUBSCRIBER CAUSED BY A RESPONDER; (II) A RESPONDER’S NEGLIGENCE OR WILFUL MISCONDUCT; (III) ANY DAMAGE OR COSTS DIRECTLY OR INDIRECTLY RESULTING FROM A FORCED ENTRY BY RESPONDERS; (IV) FAILURE BY RESPONDERS TO COMPLY WITH APPLICABLE LAW.
2. YOU AGREE THAT MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH (I) YOUR OR ANYONE ELSE’S USE, MISUSE, OR POSSESSION OF THE DEVICES, THE SERVICES, OR ANY DATA OR INFORMATION PROVIDED OR OBTAINED IN CONNECTION WITH THE DEVICES OR SERVICES, OR THE FAILURE TO USE SUCH DATA OR INFORMATION OR THE DEVICES OR SERVICES, (II) FAILURES, DELAYS, OR INTERRUPTIONS TO THE SERVICES OR DEVICES (III) ERRORS, OMISSIONS, MISTAKES, DEFECTS, OR MISSTATEMENTS IN ANY INFORMATION OR DATA TRANSMITTED THROUGH OR BY THE SERVICES OR DEVICES (IV) ANY LOSS OF PROFITS OR BUSINESS OPPORTUNITIES.
3. MEDICALERT IS NOT RESPONSIBLE FOR ANY EMERGENCY SERVICE PROVIDER TO RESPOND TO AN EMERGENCY CALL IN A TIMELY MANNER OR AT ALL, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY SITUATION.
4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDICALERT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PRINCIPALS, OWNERS, EQUITY OR STAKEHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO MEDICALERT UNDER THIS AGREEMENT, AND (B) ONE HUNDRED CANADIAN DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF MEDICALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
5. OUR ABILITY TO PROVIDE OUR SERVICES MAY BE COMPROMISED IN THE EVENT THAT YOU PROVIDE US WITH INACCURATE PERSONAL INFORMATION OR IN THE EVENT THAT YOUR GPS DEVICE IS ALTERED OR DEFACED WHETHER BY ORDINARY WEAR AND TEAR OR BY YOU OR ANOTHER PERSON. WE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR OTHER CONSEQUENCES RESULTING FROM ANY DELAY OR FAILURE TO PROVIDE OUR SERVICES AS A RESULT OF THE FOREGOING.
DATA COLLECTION AND PRIVACY
1. MedicAlert collects, uses, and discloses your Personal Information in the course of providing our Products and Services. Protecting your Personal Information is very important to us.
2. Complete details on our approach to protecting your Personal Information can be found in our privacy policy, which can be found on our website HERE.
3. By registering for and using our Services and agreeing to the terms of this Agreement, you indicate that you have had the opportunity to read our Privacy Policy and agree to its terms.
4. You may request that MedicAlert send you a copy of our Privacy Policy by email or mail.
GENERAL
1. Assignment: MedicAlert reserves the right to assign this Agreement and will provide you with written notice of this assignment in accordance with Section 19 (Material Change). This Agreement shall not be assigned by the Subscriber.
2. Entire Agreement: This Agreement, the Privacy Policy, and your Order constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.
3. Governing Law (Quebec): For Quebec Subscribers, this Agreement is governed by and is to be interpreted and enforced in accordance with the laws of the province of Quebec and the federal law of Canada applicable therein.
4. Governing Law: For Subscribers in other provinces, this Agreement is governed by and is to be interpreted and enforced in accordance with the laws of the province of Ontario and the federal law of Canada applicable therein.
5. Modification: This Agreement may only be modified by MedicAlert, in accordance with Section 19, and may not be modified by the Subscriber or Authorized Representative.
6. Force Majeure: MedicAlert will not be liable for any delay or failure in performance of any term of this Agreement to the extent the delay or failure is caused by events beyond MedicAlert’s reasonable control, including fire, flood, acts of God, explosion, epidemics or pandemics, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, disturbances to the Internet, and inability to secure materials or transportation facilities. 
7. Waiver: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with each and every provision of this Agreement, including the waived provision.
8. Headings: The section headings in this Agreement are included solely for convenience of reference. They are not intended to be complete or accurate descriptions of the section contents and shall not affect the interpretation or be considered a part of this Agreement.
9. Invalidity and Enforceability: If any term or provision of this Agreement is invalid or unenforceable for any reason, such invalidity or enforceability shall not affect any other term or provision of this Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
10. You must accept the terms of this Agreement in order to affect your subscription.

CONTACT:

For inquiries or additional information about MedicAlert, you may contact us as follows:

For general customer service inquiries:
Canadian MedicAlert Foundation
Attention: Operations
895 Don Mills Road, Suite 405
Toronto, ON M3C 1W3, Canada
Tel: 1-855-348-3257
Email: customerservice@medicalert.ca

For legal inquiries:
Canadian MedicAlert Foundation
Attention: Legal
895 Don Mills Road, Suite 405
Toronto, ON M3C 1W3, Canada
Email: legal@medicalert.ca