TELUS Health Companion Service Terms

1. Prior to and in order to use the Service, you must click “accept” at the end of the Service Terms posted on the TELUS Health Companion application. By clicking “accept” and/or starting to use the Service, you agree to be bound by the Service Terms. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT CLICK ON THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE SERVICES.

2. The Service is not intended for use by persons under the age of 16. If you are under 16 years old, you may not use the service. If you are 16 or older but have not the legal capacity to enter into a contract, you should review the user terms with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions before accepting the user terms.

3. For the purposes of these Service Terms, “you” refers to the individual using the Service.

4. The Service is subject to important conditions and limitations and by clicking “accept” and/or starting to use the Service, you agree to all these terms and conditions, including without limitation the conditions provided under section “Limitations of Liability”. Notably, the Service is provided on an "as is" and "as available" basis. Your use of the Service is at your sole risk and TELUS does not guarantee that the user can or will be located using the Service. Your Apple devices functioning and their features, including the fall detection feature or your Apple Watch and the GPS capability, is solely subject to Apple’s terms and conditions and policies and TELUS disclaims any and all liability related to the functioning or malfunctioning of any features embedded in the devices. If the user experiences a fall that causes actual or potential injury, the user shall not wait for the automatic call and should always press the call button manually in an emergency if able.

5. The Service is intended to provide you with access to 24/7 central monitoring station for assistance in case of fall or emergency. In case of emergency, including if you fall, you need to press the button on your Application and you will be automatically connected you with a live agent for support. An alert can also be triggered if you fall when wearing your Apple Watch because of its fall detection feature. When the alert is received, a trained operator will immediately contact you at the phone number provided upon account set-up to confirm the emergency status prior to initiating the emergency protocol. If you cannot be reached or an emergency is confirmed, the trained operator first contacts up to 3 family and/or friends, in accordance with the contact information you have provided at the time of your account setup. If family or friends are unavailable, cannot resolve the emergency or if the situation warrants, a trained operator will then contact emergency services, unless otherwise instructed by you or your emergency contact(s). Where available, the GPS location of your Apple Watch or iPhone can be used when dispatching emergency services.

6. The Application uses Apple Watch fall detection feature, which feature cannot detect all falls. The more physically active you are, the more likely you are to trigger fall detection due to high-impact activity that can appear to be a fall.

7. If the Apple Emergency SOS feature is activated on your Devices, Apple will continue to send the automated alert to local 911 even if you have subscribed to the Service. Apple Watch Series 6 (GPS + Cellular) and Apple Watch SE (GPS + Cellular) can use a cellular connection for Emergency SOS. To use Emergency SOS on an Apple Watch without cellular, your iPhone needs to be nearby. If your iPhone isn’t nearby, your Apple Watch needs to be connected to a known Wi-Fi network and you must set up Wi-Fi Calling.

8. In order to be eligible for and to use the Service, you must have the following components and fulfill the following steps:[br]
i) Purchasing or having purchased an Apple iPhone from TELUS or its authorized dealer compatible with an Apple Watch (as described below) with the latest iOS installed;
ii) Purchasing or having purchased an Apple Watch series 4 or higher with Fall Detection (“Apple Watch”) from TELUS or its authorized dealer with the latest Watch OS installed;
iii) Charging both your iPhone and your Apple Watch (together the “Devices”);
iv) Pairing the Devices together;
v) Having an active subscription to an eligible mobility data sharing connected device rate plan;
vi) Subscribing to an eligible TELUS Health Companion Service plan with Telus (which must include a data plan if you don’t have a mobility data sharing connected device rate plan);
vii) Ensuring that your Apple Watch Fall detection feature is on and that the GPS location feature is on your Devices;
viii) Downloading the Application on the Devices;
ix) Logging in to the Application using your My TELUS login credentials;
x) Testing the Service by following the instructions provided by TELUS.

9. The Application uses data from your rate plan. As such, you may incur data charges associated with an internet connection when you download or use the Application, including Application updates and activities. In addition, after having downloaded the Application, your Apple Watch will be constantly sending data to our monitoring station for the monitoring portion of the Service. This activity uses data from your TELUS mobility rate plan. The only way to stop your Apple Watch from using data is to turn the device off, but in such a case the Service will no longer be active and you will not be able to get any support in case of emergency or fall.

10. You are responsible for the service (including all data charges) and for the activities of anyone who uses the service. To prevent unauthorized use, you must maintain the confidentiality of the login names, passwords and other identification methods that you use to access the Application.

11. The Service is provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Service or otherwise in accordance with these Service Terms, including activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as TELUS may determine from time to time.

12. Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless TELUS correctly bills the charge within one year from the date it was incurred. In these circumstances, TELUS will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.

13. TELUS may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by TELUS. If TELUS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to TELUS.

14. False alarm fees that any government authority may impose upon TELUS, its vendors, or its agents relating to your use of the Services will be billed to you in arrears.

15. All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement except in the respect of non-forborne services and customers in Quebec which will be subject to a 2% Late Payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. A $25 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.

16. TELUS may require a security deposit from you (i) before the Service is provided, if you do not have a satisfactory credit history with TELUS or do not provide other proof of creditworthiness satisfactory to TELUS, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with TELUS as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. TELUS will credit your account monthly with interest on any security deposit required by TELUS, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. TELUS may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.

17. TERMINATION. If your circumstances change and you no longer satisfy all the requirements listed above in section 5, you will no longer be eligible to use the Service and we may terminate your access to the Service with a 30-day prior notice to you. You can terminate your Service at any time by providing a TELUS a notice. Kindly note that simply deleting your Application from your Devices is not sufficient to terminate the Service.

18. TELUS may suspend the Service if you contravene any provision of these Service Terms, including your obligation to pay for the Service as charges become due with a 10-day prior notice.

19. You may only use the Service, at your premises or where mobility service is available in Canada, for your own personal use, and in compliance with the law. If you experience five or more false alarms in any one-month period, TELUS may suspend your account until the issue is resolved.

20. You also agree and acknowledge as follows:
a) TELUS Health Companion service is not a replacement for professional or medical advice or assistance;[br]
b) TELUS is not an insurer and that the Service is limited in scope;
c) You will install and use the Application on a compatible Devices;
d) You are responsible for ensuring that the Devices are properly charged at all times;
e) You will keep your home address and contact phone number up-to-date for the purposes of emergency support and service dispatches, when applicable;
f) You will keep your emergency contact information up-to-date. You authorize TELUS to act on the instructions of any authorized person on file (emergency contact), including instructions to cancel an alarm or refusal to have emergency services dispatched. Not providing accurate and up-to-date information could result in delays in dispatch of emergency services, or calling individuals the user does not wish to act on its behalf;
g) You will not modify copy, distribute, transfer or reverse engineer the device or application, nor will you alter, disable or circumvent any digital rights management security features embedded in the device or application;
h) The functional use of the Service requires your Devices to be connected to the TELUS network or our partner networks (“networks”). If you are not connected to the networks, the Service will be unavailable;
i) TELUS Health Companion service may lose connection temporarily while on an airplane, when blocked by buildings, or other cellular “dead zones”) or when out of range of cellular network towers;

21. The Service is provided on an "as is" and "as available" basis. Your use of the Service is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. TELUS does not guarantee that you can or will be located using the Service. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS.

22. Neither TELUS nor its affiliates, partners, suppliers and licensors are responsible for any harm to your property resulting from use of the Application, including download, installation, transmission failure or alterations the application may make to the functionality of your Device(s) or other software or hardware.

23. TELUS does not guarantee that the user can or will be located using the Service. Devices that cannot connect to the TELUS wireless network (for example, because they are outside of network coverage areas, or are blocked by buildings, or other cellular “dead zones”) will not be able to connect to the central monitoring station. As with all location-based services, it may not always be possible to determine user’s location. Multilevel buildings, parking garages, and/or dense urban areas can make it difficult for satellites and cell phone towers to locate the user’s exact location.

24. You acknowledge that some features of the Devices and/or the Service may not be functional if there is a power failure or breakdown in telecommunications networks or services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of Service, such as electrical interference, weather conditions and other factors beyond TELUS’ control.

25. To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “TELUS parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the Service. With respect to any direct damages, you agree that the maximum liability of the TELUS parties is limited to a sum not to exceed fifty dollars ($50.00). This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS parties arising from or related to the Service: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.

26. Forced Entry: You acknowledge that providing the Service may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that TELUS is not responsible for the damages so caused and you will indemnify the TELUS Entities and its vendors against any claim made by a third party as a result of such forced entry.

27. In accordance with current legislation, TELUS may have to conduct checks before contacting 911, which may result in longer response times. 911 service is offered by a third party and not by TELUS.

28. Force majeure. TELUS shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is directly or indirectly attributable to one of the following causes: a) fire, flood, earthquake, natural disasters, pandemic or epidemic; b) riots, terrorism, civil disorders, rebellions or revolutions; c) labour conflicts; d) any other causes reasonably beyond the control of TELUS; and shall be relieved from performing or fulfilling its obligations for the entire duration of the force majeure so long as TELUS is unable to resume performance of its obligations despite reasonable efforts in this regard.

29. We may make changes to, including rates and additional charges, or withdraw the Service at any time and we may update, make changes to or introduce new terms at any time. Before we make any changes, we will give you at least 30 days’ written notice, by posting notice of the amendment at telus.com/serviceterms (the "Service Web Site), or by bill message, text message or email. The notice will include a copy of the new term(s) or of the new and former versions of the modified term(s), the date that the change will occur and a description of your rights to cancel the service (if applicable and as required by law). By continuing to use the Service, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to use the Service, however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Fees may apply notably if you are financing the purchase of you Apple Watch.

30. You consent to receiving communications from time to time (including updates, modifications or enhancements to the Service or any other announcement related to the Service) through a push notification to the application, or by bill message, text message or email.

31. TELUS grants you a personal, revocable, non-exclusive, non-transferrable, non-assignable, non-sub-licensable, limited license to download and use the Application on the Devices. The Application is licensed (not sold) to you by TELUS for use strictly in accordance with the terms and conditions of this agreement. You agree that use of the service and access to all content and information forming part of or related to the Service, will be at your sole risk.

32. You acknowledge that TELUS and its affiliates, partners, suppliers and licensors retain exclusive ownership of all intellectual property rights in the Service and Application throughout the world. Except as expressly provided herein, you do not possess, and TELUS does not grant to you, any express or implied rights (whether by implication, estoppel or other legal basis) in or to any such intellectual property rights.

33. TELUS and TELUS logos are trademarks of TELUS Corporation, used under license. All other trademarks, brands, product names that are included in the device and application (if any) are the property of their respective owners.

34. By accessing and using the Service the following information will be collected:[br]
a) Device authentication data, including identification information for your device, the 10-digit number of your mobile device, home address and email address associated with your TELUS Health Companion account;
b) Fall detection data;
c) Various geo-location data including location information;
d) Account and device status information, including device or profile names and images entered in the application;
e) Interaction with the Service, such as the mobile device platform running the Application, internet connection and data usage and service performance and error reports
f) Emergency contact’s information (name, phone number and nature of the relationship with you). By providing these third parties’ personal information to TELUS, you represent that you have obtained these third parties’ authorization prior to doing so.

Items (a) through (e) above are collectively referred to as “information”.

35. You consent to TELUS and its authorized service provider collecting, using and disclosing the Information for one or more of the following purposes:[br]
a) To provide you with the Service, including the emergency monitoring provided by the Fall detection feature included on your Apple Watch;
b) To contact your contact information and/or the emergency services in case of emergency; and
c) As identified in the TELUS Privacy Commitment.

36. TELUS will share information that identifies you with its service providers involving in providing the Service and/or the Application to you, on an as-needed basis, for the purposes specified in this section. TELUS may combine the information with other information TELUS may already have about you for the purposes specified in this section. TELUS will retain your information for as long as necessary to fulfill any of the purposes specified in this section and in accordance with the TELUS Privacy Commitment. No other third party will be granted access to information that identifies you without first obtaining your consent.

37. TELUS has the right, but not the obligation, to monitor your access and use of the service to determine whether such access and use is in compliance with this agreement and the law. We may also monitor your access and use of the service if required by law or for the purposes set out in the TELUS Privacy Commitment. For example, we monitor activity on our networks to detect and prevent fraud to protect both our customers and our business. For further details about the TELUS Privacy Commitment, please visit telus.com/privacy.

38. You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, as it may be updated from time to time (the “TELUS Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information, and the personal information of others that you provide, collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.

39. By using the Service and incurring charges for such use, you authorize TELUS to obtain information about your credit history from credit reporting agencies, credit grantors and other TELUS companies from time to time, and consent to the disclosure of your credit history with TELUS to such entities at any time.

40. You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services. In addition, with respect to TELUS Health Companion services, you agree to provide TELUS with up to date address, emergency contacts and any relevant health information you choose to be conveyed to emergency personnel and consent for this information to be provided to companies providing the services.

41. The warranty disclaimers section, the limitation of liability section and the indemnification section, will in each case survive any termination of this agreement.

42. The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS’ prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.

43. Except as provided in this section, nothing contained in this agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, you agree that Apple Inc. and the third parties involved in proving you with the Service and/or the Application, are third party beneficiaries to this agreement, and that, upon your acceptance of the terms and conditions of this agreement, such third parties will have the right to enforce this agreement against you in its capacity as a third party beneficiary to this agreement.

44. You shall not assign, transfer or dispose of this Agreement, in whole or in part, without TELUS’s prior written consent.

45. Except as expressly stated herein, this agreement constitutes the entire agreement between you and TELUS with respect to your use of the service. If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement shall not be affected and each remaining provision shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.