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.

“User” means a person who is either a non-member who wants to access a member's files, or a member duly registered with LifeSaver.

“Subscriber” means a person duly registered with LifeSaver, and has paid the applicable membership fees.

“Data” means the information you have entered and stored in LifeSaver upon subscription onwards.

“Card” 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.

USING LIFESAVER

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 Agreement.

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 or procedures.

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.

CONFIDENTIALITY CLAUSE

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 his/her subscription.

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 information.

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 Subscriber.

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.

NO WARRANTIES

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 health care.

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.

COPYRIGHT INFRINGEMENT

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.

PAYMENT

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 such use.

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.

LEGAL MATTERS

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.

OTHER CONCERNS

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 help@lifesaver.care