End User Licence Agreement (“Agreement”)
By downloading or using the my Sun Life (Canada) application (the “App”) you (“You” or “Your”) agree to the following terms and conditions and to the extent that the App links you to the Sun Life website, the use of the website is subject to the terms and conditions located under the legal, privacy and security link at https://www.sunlife.ca.
This is a legal agreement between You and Sun Life Assurance Company of Canada (“Sun Life”, “we”) only and the App is licensed, not sold, to You for use only under the terms of this Agreement.
1. Scope of Licence
Subject to the terms and conditions of this Agreement, Sun Life grants You a personal, non-transferable, royalty-free, revocable, non-exclusive, limited right and licence ('licence') to install and use the App on a single mobile device (“Device”). The terms of this Agreement will govern any upgrades and new versions of the App (“Updates”) provided by Sun Life, unless such Update is accompanied by a separate license agreement which governs the Update. If You are a member of a group plan with Sun Life, the entity who sponsors your group plan may restrict Your ability to make use of certain functionality that is otherwise available to users of the App.
This App is authorized for use by clients and prospective clients of Sun Life for products and services that are sold in Canada and who are the age of majority in the province/territory where they live.
The App is protected by copyright and other intellectual property laws and international treaties. All title to and intellectual property, including copyrights, in the App are and shall remain the property of Sun Life. Sun Life reserves all rights in the App not specifically granted to You under this Agreement. You may not remove any proprietary rights notices of Sun Life from the App.
You are not granted any right or licence to use any Sun Life trade-marks under this Agreement.
4. Privacy Statement
The licence is effective until terminated by You or Sun Life. You may terminate this licence at any time by deleting the App from Your Device. Your rights under this licence will terminate automatically without notice from Sun Life if You fail to comply with any term(s) of this Agreement. Sun Life may terminate this licence at any time and for any reason with or without notice to You. Upon termination of the licence, You shall cease all use of the App, and destroy all copies, full or partial.
6. Services; Third Party Materials
7. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP, THE SERVICES AND THE THIRD PARTY MATERIALS, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR THIRD PARTY MATERIALS PROVIDED BY THE APP ARE PROVIDED ”AS IS” AND ”AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SUN LIFE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES AND THIRD PARTY MATERIALS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUN LIFE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR THIRD PARTY MATERIALS PROVIDED BY, THE APP ARE CORRECT OR WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES OR THIRD PARTY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP, SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN LIFE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP, SERVICES OR THIRD PARTY MATERIALS PROVE INCORRECT OR DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED DAMAGES OR LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL SUN LIFE, TELECOMMUNICATIONS CARRIERS, MEDIRESOURCES INC., THE PHARMACY BENEFIT MANAGER (ITS “LICENSORS”, ANY CHANNEL PARTNERS, ANY ENTITIES THAT OPERATE OR CONTROL
MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION GOOGLE AND APPLE INC. AND THEIR AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, ”SERVICE PROVIDERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY (INCLUDING DEATH), OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO PRODUCT LIABILITY CLAIMS, ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, YOUR USE OR INABILITY TO USE THE APP, RELIANCE ON THE THIRD PARTY MATERIALS, OR FOR ANY CLAIM BY ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION, PERFORMANCE OR NON PERFORMANCE OF THE APP, ERRORS IN THE THIRD PARTY MATERIALS, LOSS OF USE, LOSS OF DATA HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT OR OTHERWISE) AND EVEN IF SUN LIFE, ITS LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE APP; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (C) RELIANCE ON CONTENT OR OTHER THIRD PARTY MATERIALS, OR (D) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE APP OR THE CONTENT OR THIRD PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any Updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of Sun Life's rights and if You breach this restriction, Sun Life may pursue damages against You. You may not use the App to breach any applicable law or to harass, defame or otherwise violate the legal rights of others.
10. Governing Law
The laws of the Province of Ontario, excluding its conflicts of law rules, and the laws of Canada applicable therein govern this licence and Your use of the App. You and Sun Life irrevocably submit to the jurisdiction of the appropriate courts sitting in Toronto, Ontario. The parties hereby waive any right to a jury trial.
11. Export and Use Restrictions
By downloading and using the App, You represent and warrant that You are not (i) located in, under the control of, or a national or a resident of any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. government list of prohibited or restricted parties.
12. Apple Terms and Conditions
You acknowledge and agree that Apple Inc. (“Apple”) is not a party to this Agreement and is not responsible for the App and that the additional provisions in this Section 13 apply to Your use of the iOS operating system version of the App. You may only use the App on an iOS device that You own or control and subject to the Usage Rules set forth in the App Store Terms and Conditions. Apple is not providing any warranty for the App and is not responsible for maintenance or other support services for the App.
13. Intended Third Party Beneficiaries
Apple Inc, Google Inc, The Pharmacy Benefit Manager and MediResource Inc. are intended third-party beneficiaries of this agreement with You with respect to the services they provide and they shall each be entitled to enforce this Agreement against You.
The provisions of Sections 4, 8-13 and this section 14 will survive the termination of the licence and/or the Agreement. The parties hereto have requested that these terms and conditions as well as all other related documents be drawn up in English. You agree that the Service Providers are third party beneficiaries of this Agreement and may enforce any rights and remedies against You directly. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, should be directed to firstname.lastname@example.org.