AGREEMENT BETWEEN USER AND LIFESAVER
LifeSaver is a provider of safe, secure, and convenient online data storage
for your personal health and medical information, as well as other relevant
files. LifeSaver is in various stages of pre-release development, testing and
evaluation (the “Feedback Launch stage”). LifeSaver hereby grants to the
Subscribers and Users the right to access, view, and use the site in its
Feedback Launch stage, subject to the following Terms and Conditions.
LifeSaver reserves the right to add new features, modify and/or remove
current features, without prior notice. The Subscriber and/or a User may
download and/or print a copy of the information stored in their respective
accounts from the site for personal use only and, when appropriate, in a
manner consistent with current applicable laws and prevailing jurisprudence.
By using, registering, and/or subscribing with LifeSaver in its Feedback
Launch stage, you agree to obtain LifeSaver’s services in such Feedback
Launch stage, subject to the foregoing Terms and Conditions. The Feedback
Launch period will commence at such time and continue for such duration as
determined by LifeSaver in its sole discretion.
DEFINITION OF TERMS
“Feedback Launch Stage
means the current pre-release stage of LifeSaver.
“Feedback Launch Material
means any and all components, documentation
and/or technology provided by, and/or relating to, LifeSaver.
means a person who is either a non-member who wants to access a
member’s files, or a member duly registered with LifeSaver.
means a person duly registered with LifeSaver, and has paid
the applicable membership fees.
means the information you have entered and stored in LifeSaver
upon subscription onwards.
means the physical and digital copy of the LifeSaver Card issued to
you, which shall contain basic information to identify you, such as your name
and Save Me Code. It may also contain identification details (i.e., eye color,
hair color, gender, height), primary emergency contact details, blood type,
organ donor status, allergies, and medical conditions.
“Terms and Conditions”
means these Terms and Conditions of Use between
LifeSaver and you, as either a User or Subscriber.
At the time of writing, you become a LifeSaver User through the
following ways, namely: (1) when you are a Subscriber; (2) when you access
a Subscriber’s Data via LifeSaver; or (3) when an authorized agent performs
either (1) or (2) on a principal’s behalf.
Each Subscriber may only have one primary subscription with LifeSaver. A
subscription is non-transferable and may only be accessed by the Subscriber
or his/her authorized agent. The Subscriber/User shall ensure that
a correct and active e-mail address is supplied. Once there is a change in e-
mail address, the Subscriber/User shall please update the information
supplied with LifeSaver. All communications between the Subscriber/User
and LifeSaver shall be done through e-mail.
It is the sole responsibility of the Subscriber to ensure that no unauthorized
person has access to the Subscriber’s User ID and Passwords. It is each
Subscriber’s sole responsibility to control the dissemination and use of the
Subscriber’s User ID and Passwords, authorize, monitor and control access to
and use of the Subscriber’s Account, and promptly inform LifeSaver of any
need to deactivate or change the Subscriber’s User ID and/or Passwords.
LifeSaver cannot and will not assume any responsibility or liability for any
information uploaded and submitted to LifeSaver or any public or private
information that is used or misused whether submitted, used, or misused by
(a) the Subscriber; (b) Users; (c) the Subscriber’s designee; (d) healthcare
providers; (e) other healthcare organizations; (f) other third parties; or (g)
Member Organizations, whether or not acting on the Subscriber’s behalf.
Subscriber hereby grants LifeSaver, its employees, officers, directors, agents,
and contractors, and all other persons or entities involved in the operation of
LifeSaver or of the LifeSaver website the right to collect, access, transmit,
receive, monitor, retrieve, store, maintain, and use the information in the
Subscriber’s Account to operate the site and perform the services, including
but not limited to converting documents received on the Subscriber’s behalf
to an electronic format, printing and delivering the LifeSaver Card, and
maintaining the Subscriber’s Account.
In using LifeSaver, the User/Subscriber warrants that he/she is a citizen of
the Philippines. The Subscriber/User shall immediately inform LifeSaver
through e-mail of any change in citizenship by the User/Subscriber during the
course of the subscription. LifeSaver reserves the right to terminate,
suspend, and otherwise modify the terms of the Agreement upon notification
of the Subscriber/User of his/her change in citizenship. LifeSaver shall not be
liable for any breach of this warranty, subject to the provisions of this
COLLECTION OF DATA BY LIFESAVER
Subscribers and/or Users authorize LifeSaver to collect all Data, information,
and documents, as may be applicable, allowed or required in using or
accessing LifeSaver site. Since LifeSaver is primarily for storage of Data,
Subscribers/Users voluntarily provide personal information relating to the
identity, medical condition, medical history, and other related matters, as
they may deem beneficial or appropriate to their subscription.
All the Data, information, and documents collected shall be stored in a remote server located in Oregon, USA.
USING LIFESAVER CARD
LifeSaver Card is given to all LifeSaver Subscribers. The Card contains the
Subscriber’s Name and Save Me Code, only for the purposes of identification,
and accessing the Subscriber’s Data set as “public” on LifeSaver for the
purposes of prompt medical attention by the responder in case of
emergencies. LifeSaver Card also contains some identification details (i.e.,
eye color, hair color, gender, height), primary emergency contact details,
blood type, organ donor status, allergies, and medical conditions. It does not
include the Subscriber’s insurance information or the current medications
the Subscribers are taking. Users would have to enter the Subscriber'’s Save
Me code on the LifeSaver site to view such information.
LifeSaver shall not be liable for anyone accessing a Subscriber’s Data or
other information by reason of loss and/or misuse of the Card. LifeSaver does
not guarantee that the Data and other information on the LifeSaver Card are
true and accurate. All Data and information on the LifeSaver Card are
supplied and given by the Subscriber and therefore are solely the
responsibility of the Subscriber. It is the responsibility and duty of the
Subscriber to ensure that the data or information stored with LifeSaver is
accurate, complete, correct, and updated at all times knowing that the data
or information shall be relied upon when dealing with medical emergencies
SUBSCRIBER OF LIFESAVER FOR PERSONAL USE
Membership of LifeSaver is open only to individuals; it cannot accommodate
juridical entities, i.e. companies, trusts, partnerships, and other entities, nor
animals or inanimate objects. A Subscriber may have only one primary
LifeSaver subscription. However a Subscriber may have more than one
secondary or linked account if a Subscriber is acting as an authorized agent
for the subscription of someone else.
Subscription is offered at the sole and absolute discretion of LifeSaver who
has the sole right to refuse, cancel or terminate any account.
Subscription is offered at the sole and absolute discretion of LifeSaver who has the sole right to refuse, cancel or terminate any account.
AUTHORIZED AGENT SUBSCRIBING WITH LIFESAVER FOR SOMEONE ELSE
If you are an authorized agent, registering with LifeSaver for someone else,
you agree that: You have obtained all necessary consent and authorization
required for you to be legally entitled to do so and you will abide by all terms
and conditions pertaining to LifeSaver as if you were the registered LifeSaver
Subscriber to whom the personal information relates. You should submit a
proof of authorization or consent from the principal Subscriber through our
site, and LifeSaver reserves the right to deny subscription or access by
reason of inadequacy or insufficiency of proof of authorization or consent.
All information uploaded and submitted to LifeSaver are strictly confidential.
The Subscriber shall indicate whether certain information shall be made
public or will remain private. All information uploaded and submitted to
LifeSaver shall only be stored for as long as you are a Subscriber. For your
security and safety, the Data stored shall be permanently deleted and
destroyed and may not be retrieved if there is a non-renewal of subscription
for two (2) months or more.
LifeSaver strictly complies with the privacy laws of the Philippines.
DEREGISTRATION AND EXPIRATION
Upon deregistration before the date of expiration of the subscription, all Data
shall be erased permanently from the server within two (2) months from the
date of deregistration (the "Deregistration period"). During this
Deregistration Period, the Subscriber may access and/or retrieve his/her
Data and/or files from LifeSaver. However, editing of data and/or files, as
well as reactivation of emergency features shall be put on hold, until the Subscriber renews the
In case of automatic expiration of the account due to non-renewal of the
subscription, LifeSaver shall store the Data for two (2) months from the date
of the expiration. After such period, all the Data and other information shall
be permanently deleted and destroyed from the server.
WAIVER OF LIABILITY
LifeSaver does not own or have any control over what information are
supplied and/or uploaded in this site. LifeSaver has no obligation to verify the
information submitted to it. Subscribers are presumed to give true and
accurate information, and the reliance of a User of LifeSaver to the
information supplied and/or uploaded by the Subscribers is solely at the risk
of such User. LifeSaver is not liable for any wrong, or misleading, inaccurate,
out-of-date, incomplete, disparaging, or otherwise illicit information uploaded
or supplied by its Users and Subscribers. LifeSaver will not be liable in any
way for any results or consequences resulting from use or misuse of or
reliance on any of the information stored by the Subscribers/Users and that
the Subscriber/Users (and where applicable, the Subscriber’s/User’s estate,
legal representative, attorneys, successors, heirs and assigns) shall
indemnify LifeSaver and its Subscribers/Users, employees, officers,
contractors, agents, partners, and providers against any and all demands,
liabilities, losses, costs and claims, including legal fees, arising from or in
connection with the Subscriber’s/User’s supplied and/or uploaded
Subscribers agree to indemnify, defend, protect, release, and hold LifeSaver
its officers, directors, employees, agents, and its affiliates, Information
Providers, and Suppliers and their respective officers, directors, agents, and
employees harmless from and against any and all losses, expenses,
damages to persons or property, injuries or deaths of persons, liability,
claims, liens, demands, and causes of action, including claims of
infringement of copyright, trademark, or other intellectual property rights,
and including the amounts of judgments, penalties, interest, court costs, and
legal fees including reasonable attorney’s fees incurred by LifeSaver, its
affiliates or their respective officers, agents, and employees in defense of
same (“Claims”) arising in favor of any person, corporation, or other entity,
including the parties hereto and their employees, contractors, and agents in
connection with this Agreement, the use and/or inability to use the LifeSaver
or any of the Feedback Launch Material, or any activity related to
Subscriber’s Account or any use of LifeSaver site.
To the extent not prohibited by law, in no event shall LifeSaver be liable for
any damages, including personal injury, or any incidental special, indirect or
consequential damages whatsoever, including, without limitation, damages
for loss of profits or lost savings, loss of data, business interruption or any
other commercial damages or losses, arising out of or related use of
Lifesaver or any of the LifeSaver Feedback Launch Material, even if LifeSaver
has been advised of the possibility of such damages. LifeSaver shall have no
responsibility to provide or maintain insurance respecting LifeSaver website
and the Feedback Launch Material used by the User and/or Subscriber.
LifeSaver is not and does not claim to be in the practice of Medicine.
LifeSaver is only a tool, which enables its Subscribers/Users to securely store
personal health information and documents, where Users can access such
information conveniently, subject to the privacy settings set by the
It is understood and agreed that information and date uploaded and/or
submitted to LifeSaver will be communicated over local exchange,
interexchange and internet backbone carrier lines and through routers,
switches and other devices owned, maintained and serviced by third party
local exchange and long distance carriers, utilities, Internet Service Providers
and others, all of which are beyond the control of LifeSaver. LifeSaver does
not assume any liability for or related to the delay, failure, interruption,
interception or corruption of any Data or other information communicated to
or entered in the site. LifeSaver will not be liable for any performance failure
or delay for any cause beyond LifeSaver’s reasonable control.
LifeSaver is endeavoring to ensure that the Feedback Launch Material are
compliant with all relevant safety and performance standards. However, the
Feedback Launch Material may contain errors, bugs, and other problems
which could cause failure of the Feedback Launch Material or other hardware
and/or software used in connection therewith, and the testing and quality
assurance of the Feedback Launch Material may not yet be completed.
Because the Feedback Launch Material is subject to change, Lifesaver
reserves the right to alter the Feedback Launch Material at any time and any
reliance on the Feedback Launch Material is at the Subscriber’s and/or User’s
own risk. LifeSaver provides a site that is "as is", and in its pre-release stage,
without warranty of any kind, either express or implied, including but not
limited to, warranties of merchantability, fitness for a particular use or
purpose, title, infringement, accuracy, reliability, completeness, timeliness,
usefulness, adequacy or suitability of the Data.
LifeSaver does not warrant against human and machine errors, omissions,
delays, interruptions or losses, including loss of Data or inability to access
Data. Further, LifeSaver cannot and does not warrant or guarantee that the
functions or services performed on the site will be uninterrupted or error-
free, or that defects in the site will be corrected.
LifeSaver does not guarantee that any one or all of the healthcare providers
will transmit all or any portion of the Subscriber’s medical records or other
health information. Subscribers/Users should not rely exclusively on
LifeSaver to describe accurately and completely the Subscriber’s past,
present, or future physical or mental health or condition or the provision of
LifeSaver will not independently and separately verify the truth and accuracy
of information supplied by the Subscribers’ healthcare providers or entered
by the Subscribers. Information that is uploaded and submitted by the
healthcare providers or entered by the Subscriber or agent will be
considered by LifeSaver as accurate and complete. Subscribers and their
healthcare providers are solely responsible for identifying and correcting any
and all errors in information stored on LifeSaver.
LifeSaver may only be used for personal use and that LifeSaver may impose
fees or charges for all or any part of such use. Any feedback, ideas,
modifcations, suggestions, improvements and similar articles and/or
materials will be the sole property of LifeSaver. Users may not license,
modify, copy, distribute, reproduce, create derivative works from, transfer, or
sell any information, software, products or services obtained from or through
LifeSaver. Any infringement shall compel LifeSaver to pursue legal action
against the person or persons involved.
LifeSaver is in partnership with Paypal, and all the payment to
LifeSaver shall be done through Paypal. Paypal handles
all payment data for any financial transactions on lifesaver. All fees paid to
LifeSaver, through Paypal, are non-refundable. Should a
Subscriber wish to terminate subscription before the expiration, he/she may
do so through his/her LifeSaver Account Settings.
Notwithstanding anything to the contrary in the Terms and Conditions,
LifeSaver may immediately terminate this Agreement or suspend a
Subscriber’s account or User’s access in the event that LifeSaver determines,
in its sole discretion, that a Subscriber/User has violated a material provision
of the Terms and Conditions, including failing to make timely payment for
the right to access and use the site. LifeSaver shall confirm such termination
or suspension by a subsequent e-mail notice.
BREACH OF DATA
LifeSaver provides reasonable and appropriate organizational, physical, and
technical security measures for the protection of personal Data. LifeSaver
has implemented security measures that aim to maintain the availability,
integrity, and confidentiality of personal Data and are intended for the
protection of personal Data of the Subscriber against any accidental or
unlawful destruction, alteration, and disclosure, as well as against any other
unlawful processing. These measures are implemented to protect personal
Data against natural dangers such as accidental loss or destruction, and
human dangers such as unlawful access, fraudulent misuse, unlawful
destruction, alteration and contamination.
However, LifeSaver, in its Feedback Launch stage, may contain errors, bugs,
and other problems which may cause unintended processing, destruction,
alteration, and/or disclosure of personal data. Further, LifeSaver cannot
guarantee that this site, any file or program available for access, download
and/or execution from or via LifeSaver is free from all viruses or other
conditions that could damage or interfere with Data, hardware or software
with which it might be used. Subscribers/Users assume all risk of use and
LifeSaver is released entirely from all responsibility for any consequences of
COMMUNICATIONS FROM LifeSaver
Subscribers give LifeSaver consent to send communications by electronic
mail or otherwise, involving marketing, and other materials relating to
LifeSaver Subscription. Should a Subscriber wish to not receive such
communications, the Subscriber may change his/her Account Settings,
however, the Subscriber should understand that he/she may not be informed
about special offers and promotions and other benefits offered by LifeSaver.
CHANGES IN TERMS AND CONDITIONS
LifeSaver reserves the right to amend the Terms and Conditions from time to
time without notice. Such Amendment will be effective immediately upon
posting the Amended Terms and Conditions on the site. A Subscriber’s/User’s
continued access to or use of the LifeSaver site will be deemed the
Subscriber’s/ User’s conclusive acceptance of any and all Amendments
posted on the site.
LifeSaver is solely designed to cater to Filipino Users and Subscribers. This
agreement is governed by the laws of the Philippines. Any legal action
pertaining to this set of Terms and Conditions, shall be commenced in the
Philippines, and will be governed by Philippine laws. Use of LifeSaver is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including, without limitation, this paragraph.
If any part of this Terms and Conditions is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
waiver of liability and other disclaimers set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Terms and Conditions as amended
from time to time, constitute the entire agreement and understanding
between Subscribers/Users and LifeSaver with respect to the services,
responsibilities, and obligations specified and agreed upon in this document
agreement constitutes the entire agreement between the Subscriber/User
and LifeSaver with respect to LifeSaver and it supersedes all prior or
contemporaneous communications, agreements, and proposals, whether
electronic, oral or written, between Subscriber and LifeSaver with respect to
LifeSaver subscription and with respect to such services, responsibilities, and
obligations.. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
For complaints, queries, or other concerns regarding the use or access of
LifeSaver site or any concerns regarding the Data and other information
provided to LifeSaver, please feel free to e-mail us at firstname.lastname@example.org