Last updated: November 17, 2020
These Terms will apply, without limitation, to your use of any downloadable application, content and any software or other technology provided by SBC on the Services.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SBC. You hereby represent and warrant that you are the age of majority or older, as of the date of first access of the Services and, if you are under such age, are using the Services under the direct supervision of your parent, legal guardian or responsible adult.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. SBC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., a particular webpage on sk.bluecross.ca) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
SBC may amend the Terms without any notice from time to time. Amendments will be effective upon SBC’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). You agree and confirm that it is your responsibility to check for such changes each time you access or use the Services, and your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
References to “you” or “your” shall mean the person accessing or using the Site. References to “we” or “us” shall mean SBC.
Description and Permitted Uses of the Services
The Services comprise websites and member portal access, mobile applications, blog, other user-generated content and related services (each, an “Application”), which enable you to review your existing, or arrange for new, personal insurance, travel insurance, and/or group insurance. Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Subject to your compliance with these Terms, SBC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SBC and SBC’s licensors.
You agree NOT to do any of the following:
- Use any Application in any manner that could disable, overburden, damage or impair any Application or interfere with any other person’s use of any Application including their ability to engage in real time activities through any Application;
- Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access any Application for any purpose including monitoring or copying any of the material on any Application;
- Use any device, software or routine that interferes with the proper working of any Application;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any Application or the server on which any Application is hosted;
- Attack any Application via a denial-of-service attack or a distributed denial-of-service attack;
- Attempt to interfere with the proper working of any Application;
- Use any Application to fraudulently misrepresent yourself or someone else;
- Register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorized by that party to do so;
- Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of SBC or its licensors, or allow any third party to access the Services;
- Modify, create derivative works of, copy, make available to any person, or otherwise use, either directly or indirectly, the Services in whole or in part, in any form or by any means whatsoever for commercial or other purposes except those stated in these Terms; or
- Use any Application other than for its intended purpose.
Third-Party Services and Third-Party Links
Any third-party links provided as part of the Services are provided to you as a convenience and do not constitute an endorsement or an approval by SBC of any of the information, products, services, or opinions of the persons linked to in such third-party links. SBC bears no responsibility for the accuracy, legality, or content of any external third-party linked website or application.
Accessing and Using the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 16 years of age to obtain an Account, unless SBC permits otherwise. Account registration requires you to submit to SBC certain personal information, such as your name, address, mobile phone number, email address and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SBC in writing, you may only possess one Account. Upon deactivation of your products and/or services with us, you will no longer be able to login into any of our systems. Your access may be set to expire once your contracted products and/or services with SBC do.
If you are a parent or guardian of a user of the Services or an Account-holder who is a minor, you are responsible for providing supervision of the minor's use of the Services and/or their Account. You assume full responsibility for ensuring that information submitted is correct, current and complete. You also assume full responsibility for the interpretation and use of any information or suggestions provided through the Services and/or the Account for the minor.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to SBC or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
SBC may, in SBC’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SBC through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of insurance claims ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to SBC, you grant SBC a worldwide, perpetual, irrevocable, transferable, royalty-free license, to use, copy, modify, create derivative works of, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SBC’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity, solely for the purpose of providing the Services to you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SBC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor SBC’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SBC in its sole discretion, whether or not such material may be protected by law. SBC may, but shall not be obligated to, review, monitor, or remove User Content, at SBC’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SBC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Termination of Services
SBC may immediately terminate these Terms, the Services, or any Application with respect to you, or generally cease offering or deny access to the Services or any Application, or any portion thereof, at any time for any reason. SBC may specifically terminate your access to the Services, and your access to your Account, for a breach of these Terms.
You may, through your Account, be provided with means and methods to terminate your Account and thereby terminate your access to the Services.
Your Account entitles you to access the Services, which comprise in part of the provision of insurance services.
SBC SHALL HAVE NO LIABILITY WHATSOEVER FOR INSURANCE CLAIMS PROCESSED BASED UPON EITHER INACCURATE OR FALSE INFORMATION AND/OR USER CONTENT SUBMITTED BY YOU THROUGH THE SERVICES.
SBC ALSO DISCLAIMS ANY WARRANTY CONCERNING DATA OR INFORMATION PROVIDED BY SBC OR ANY OTHER PARTY THROUGH THE SERVICES WHICH YOU MAY RELY UPON AS PART OF MAKING ANY INSURANCE CLAIM. ANY DATA OR INFORMATION PROVIDED BY SBC IS BASED ON SBC'S CURRENT RECORDS AND IS BELIEVED TO BE RELIABLE. HOWEVER, SBC DOES NOT GUARANTEE THAT THE INFORMATION WILL BE ACCURATE, COMPLETE AND CURRENT AT ALL TIMES AS IT MAY BE SUBJECT TO MODIFICATION FROM TIME TO TIME. SBC IS NOT LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SUCH INFORMATION OR DATA.
You understand that the Services permit you to provide banking information to SBC for the payment of charges levied through the Services and/or your Account by SBC or third-party providers (“Charges”). SBC will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. All Charges and payments will be enabled by SBC using the preferred payment method designated in your Account. Charges paid by you are final and non-refundable, unless otherwise determined by SBC.
Privacy, Personal Information, and Security
SBC’s collection and use of your personal information in connection with the Services is described in SBC’s Privacy Code. Your information will be kept as required to fulfil the identified purposes and then destroyed, erased, or made anonymous, in compliance with all applicable laws.
Data exchanged through the Services is protected by encryption security. Further, our employees and those of third parties with whom we work follow specific privacy and security policies and procedures to protect and safeguard your information. Although we have taken what we believe to be reasonable and industry standard security precautions to protect information exchanged through the Services, we do not guarantee the effectiveness of those security measures.
Communication between you and SBC while using the Services is intended to be secure. However, any unprotected e-mail communication over the Internet, as well as communication via other mediums, is not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information via those media.
As a user of the Services, you will be presented with the ability to consent (opt-in or opt-out) to receiving certain marketing communications relating to SBC’s business, products, services and offerings (“Offerings”). Offerings are made to you based on your unique member profile. However, you are under no obligation to accept any Offerings. If you choose to opt-out of receiving marketing communications from SBC, you will continue to receive communications related to your products and services held with SBC.
In order to serve you better, SBC uses web analytics services to help analyze cookie data. The use of these tools does not allow SBC or its analytics service providers to identify individuals.
Most browsers offer instructions on how to reset the browser to reject cookies. If you reject SBC’s cookies, certain components of the functions and conveniences of the Services may not work properly.
Disclaimers, Limitation of Liability and Indemnity
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC ADVICE TO YOU WITHOUT SEEKING APPROPRIATE PROFESSIONAL AND PERSONALIZED ADVICE TO ENSURE THAT PROPER CONSIDERATION IS GIVEN TO YOUR PARTICULAR CIRCUMSTANCES, BASED ON THE LATEST INFORMATION AVAILABLE.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SBC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SBC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SBC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SBC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SBC, EVEN IF SBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SBC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF SBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SBC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SBC’S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO MANAGE YOUR INSURANCE CLAIMS WITH SBC, BUT YOU AGREE THAT SBC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PAYMENT PROCESSING, CREDENTIAL SCREENING, AND/OR PASSWORD MONITORING SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 10 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SBC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SBC’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold SBC and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or insurance obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SBC’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
The Services and these Terms will be governed by the laws of the Province of Saskatchewan, Canada, without regard to its conflicts of law provisions and shall be treated in all respects as though it were an Saskatchewan contract and the Courts of Saskatchewan will have exclusive jurisdiction. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
No waiver of any of these Terms shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
SBC may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone).
Trade-Marks and Trade-Name
The Services may contain registered and unregistered trade-marks, trade names, service marks, logos, product and service names, and graphics (collectively, “Trade-marks”) belonging to SBC or other third parties, or otherwise used, accessed, licensed, or reproduced by SBC with the approval or consent of a third party. The appearance of such Trademarks does not convey to you any rights to use them. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.
®Blue, Blue Advantage, Blue Chip, Blue Choice, Blue Cross, Blue Cross Life, BlueLink, Saskatchewan Blue Cross, Second Opinion and True Blue Difference are registered trademarks of the Canadian Association of Blue Cross Plans (CABCP), used under license by Medical Services Incorporated, an independent licensee operating as Saskatchewan Blue Cross. Push2Play is a registered trade-mark of Saskatchewan Blue Cross. *Trade-mark of the Canadian Association of Blue Cross Plans. †Trade-mark of the Blue Cross Blue Shield Association.
All information in the Site is protected under the copyright laws of Canada and/or other countries.
Ownership and Use of Content
The Services, including any form, design, function, navigation element or information contained, as may be revised and updated from time to time, without notice (“SBC Content”) is protected under applicable intellectual property and other laws including, without limitation, the laws of Canada and other countries.
All SBC Content and intellectual property rights therein are the property of SBC or its licensors and title to the SBC Content remains with us or our licensors. You do not acquire ownership rights to any SBC Content.
If you violate any of the Terms, your permission to use the SBC Content automatically terminates and you must immediately destroy any copies you have made of any portion of the SBC Content.
All rights not expressly granted herein are reserved to SBC and its licensors.
You may not assign these Terms without SBC’s prior written approval. SBC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SBC’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this Section 17 shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SBC or any third-party provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Should you have any questions concerning these Terms, if. any information appears to be missing or incorrect, or if you have questions about what you are viewing, please contact SBC.