TELUS Health Medical Alert Service Terms

1.1. TELUS Health Medical Alert is a personal medical alert system (the "Alert Service"). The TELUS Health Medical Alert device (the "MA Device") is designed to connect with access to a 24/7 central monitoring station for assistance. If equipped with a fall detection feature and/or GPS, the MA Device is designed to connect and provide the user’s location to the central monitoring station if a fall is detected or the alert is otherwise triggered. Depending on the MA LW Device selected, the Customer is responsible for providing telephone access to enable certain MA Devices to connect through a home phone connection. MA LW Devices that are equipped with GPS and designed to be mobile, require access to TELUS wireless coverage networks in Canada to function.

1.2. Under this section, “Customer” means the MA Device end-user. It is understood that the account owner for the Alert Service can be different from the Customer and in such a case, the account owner represents and warrants to TELUS that to have obtained all proper authorization and consent from the Customer prior to subscription for the Alert Service and any of its related features, including but not limited to, the Caregiver app as defined hereunder.

1.3. : 1.3.1. TELUS will attempt to confirm the emergency through two-way voice on the MA Device or by calling the Customer’s home. If an emergency is confirmed, or if the Customer cannot be reached, the monitoring station will call the emergency contact(s) provided by the Customer. If the Customer-provided emergency contacts do not resolve the emergency, the monitoring station will contact 911, unless otherwise instructed by the Customer or emergency contact(s). 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.

1.3.2. The Customer must ensure that the information in their file is up-to-date, including the contact information of the person(s) to reach in case of an emergency. The Customer authorizes 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 notifying (by calling, sending an SMS, and/or email) individuals the user does not wish to act on its behalf.

1.3.3. The Customer consents to its confidential and personal information being disclosed to a third party for the purposes of monitoring, contacting the emergency contact(s) and dispatching emergency services.

1.3.4. For MA Devices equipped with fall detection, while the fall detection system performs well, no such system is 100% reliable. The fall detection feature uses certain motion technology guidelines like algorithms and sensors to help detect the occurrence of a fall. In some instances, it might not detect all falls. If the Customer experiences a fall that causes actual or potential injury, the Customer shall not wait for the call. The Customer should always press the call button manually in an emergency if able.

1.3.5. For MA Devices equipped with GPS capability, TELUS does not guarantee that the Customer can or will be located using the Alert Service. MA 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 Customer’s location. Multi- level buildings, parking garages, and/or dense urban areas can make it difficult for satellites and cell phone towers to locate the Customer’s exact location.

1.4.1. The Customer is responsible for charging and replacing MA LW Device batteries whenever they are low or discharged, or when the MA Device so indicates.

1.4.2. The Customer must regularly test the Alert Service in the manner and at the frequency indicated in the documentation or as recommended by TELUS. If the MA LW Device fails to connect to the monitoring station or does not otherwise function, the Customer must promptly correct the cause of the error or inform TELUS. The self-testing programs of personal medical alert systems are not designed to identify or correctly diagnose all possible device malfunctions.

1.4.3. MA Device pendant and base station is loaned to the Customer for the duration of the Alert Service, and is the property of TELUS and must be returned to TELUS at the time of termination.

1.4.4. The Customer may order add-on accessories at any time, in accordance with the General Terms and Conditions for TELUS Products and Services. The pricing of add-on accessories will be confirmed when ordered.

1.5.1. If the Customer subscribes to Alert Service that includes location tracking captured by the MA LW Device, the location data may be stored on the servers of TELUS or its suppliers, and retrieved by the monitoring station for the purposes of notifying emergency contacts of Customer’s location or dispatching 911 services to the detected location. The Customer acknowledges that any personal information collected by TELUS or its suppliers for the purpose of the Alert Service can be stored, used, processed, or transferred outside of Canada.

1.5.2. Location data is kept and transmitted based on the capacity of the MA LW Device and the settings configured by the MA LW Device manufacturer. The frequency of transmission of location data is limited by the MA LW Device battery and other constraints set by the manufacturer.

1.5.3. The Customer may only use the Alert Service for personal purposes, and in compliance with the applicable laws and regulations.

1.5.4. The Customer shall make easily available relevant health information and medical instructions in a visible place in their home for emergency services. It is the Customer’s responsibility to record and share this information with emergency personnel, and to arrange for an emergency contact to share the information if Customer is unable to share it himself/herself/themselves.

1.5.5. The Customer shall be liable for false alarms and charges that any government authority or third party (including any emergency responder or security firm) may charge as a result thereof. The Customer shall be liable for any damage resulting from forced entry into the home or building if the Customer is not present or cannot be reached (the Customer or his/her emergency contact(s) during an alert.

1.5.6. The Customer acknowledges that certain MA LW Devices and monitoring services 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 the Alert Service, such as electrical interference, weather conditions and other factors beyond TELUS’ control.

1.5.7. The Customer acknowledges that TELUS is not an insurer and that the Alert Service is limited in scope.

1.5.8. For MA Device equipped with 2 modes: ‘Always-on mode’ and ‘Ready mode’: The following terms and conditions also apply:

1.5.8.1. If the Customer or account holder (if applicable) downloads the Caregiver application (the “Caregiver app”) and accepts the invitation to create a Caregiver account, the Customer accepts and consents to the following: that your data may be viewed by your caregiver. That you understand and agree that the caregiver(s) listed in your TELUS Go account, Freeus, or the Freeus Service Provider providing your Caregiver’s account may access, monitor, and maintain certain information from you as part of providing the Caregiver app services. This may include viewing, capturing, maintaining, and analyzing the following data from your mobile device: data you input into the Caregiver application (e.g., step goals, first motions settings), activity data such as step count and location data (if Location Services are enabled), and device battery life data.

In order to download and use the Caregiver app, Customer, account holder (if applicable) and any authorized user are required to accept the applicable terms and conditions available at

https://www.telus.com/en/support/article/livingwell-companion-service-terms

. By enabling the Caregiver app and any optional sharing of information such as Location Services or activity monitoring, the Customer understands that the collection, transmission, maintenance, processing, and use of such data will be in accordance with the Freeus Privacy Policy available at

https://www.freeus.com/privacy-notice

. Customer and account holder (if applicable) further agrees that it is their responsibility to ensure that your use of the Caregiver app complies with applicable federal, state, and local laws.

1.6.1. All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 2.91% compounded monthly (41.09% 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 $50 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.

You are responsible for any damages to TELUS' facilities or equipment located on your property and premises however caused, including by your use of the property or premises, or by the actions of any person, whether authorized or not to be on the property or premises.

To the fullest extent permitted by applicable law, Customer and account owner (if applicable) agrees to indemnify, defend, release and hold TELUS, and its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, and any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.

The Services are provided on an "as is" and "as available" basis. Customer’s use of the Services is at Customer’s 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 the Customer can or will be located using the Services. 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. If you subscribe to security monitoring services, you agree that TELUS is not an insurer and that it is your obligation to maintain adequate insurance coverage.

To the fullest extent permitted by applicable law, Customer and account owner (if applicable) 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 services. With respect to any direct damages, Customer and account owner (if applicable) agree that the maximum liability of the TELUS parties is limited to a sum not to exceed the greater of: (1) two hundred and fifty dollars ($250.00); or (ii) the fees paid by Customer or account owner (if applicable) to TELUS for the particular services giving rise to the claim in the twelve (12) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS parties arising from or related to the Services: 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.