Our Terms of Service

Last Revised: January 27, 2021

These PORTpass™ Terms of Use (“Terms”) constitute a legally binding agreement between you and PORTpass, Canadian Digital Health Network and affiliates associated with, (“PP”, “we”, “us” or “our”). These Terms govern your access and use of the PORTpass™ mobile application (“App”).  By agreeing to these Terms, you confirm that you understand and agree to be bound by these Terms with respect to your access to and use of the App.

Note that Section 15 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of disputes or claims in connection with these Terms or the App.

YOU AGREE TO BE BOUND BY THESE TERMS WHEN YOU CONTINUE TO ACCESS OR USE THE APP. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE APP.

Description of the App

The App allows you to access your digital health records related to Covid-19 status, and consent to sharing those health records with PP for purposes of providing the App. PP does not provide advice, diagnosis or treatment related to your medical records. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding interpretation of your health records, a medical condition, or other health related issues. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the App.

Privacy

Your privacy is important to us and we are committed to protecting your information in accordance with applicable laws and regulations and consistent with our established policies. Additionally, the Privacy Policy which is incorporated into these Terms, describes how PP will collect information about you through the App and how we use, disclose, and protect that information.

Eligibility

By accessing the App, you are agreeing to be bound by these Terms, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. The App is not targeted towards, nor intended for use by, anyone under the age of 13. If you are based outside Canada and the United States of America, you must be over the age required by the laws of your country to use the App. By using the App, you represent and warrant that you are of legal age to form a binding contract with PP and meet all of the foregoing eligibility requirements. If we become aware that we have the personal data of such children collected through the App, we will promptly delete it.

Modifications

PP reserves the right to modify or discontinue, temporarily or permanently, the App, or any features or portions of the App, without prior notice. PP may, at any time and from time to time, supplement, amend, or otherwise change these Terms. Any changes to these Terms will be effective immediately upon providing notice of the changes to you when you access the App. You agree to comply with, and be bound by, the modified Terms either (i) by continuing to use or access the App after receiving notice of the changes as described above or (ii) by not deleting the App.

Copyright, Trademarks and other Intellectual Property

Copyright, trademark, patent, and other applicable laws may protect the App and materials appearing on the App.  These are owned by PP, or for licensed content, the content providers.  Users may access, save locally on the device, or print any materials appearing on the App for personal use or other use within the scope allowed by these Terms.  No other use of these materials may be made without express written permission of PP.   

None of the names, trademarks, service marks and logos of PP appearing on the App may be used in any advertising or publicity, or otherwise to indicate PP’s sponsorship of or affiliation with any product or service, without express written permission from PP.  Nothing contained on the App should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Apps without the written permission of PP or the third party owner of the trademark, if any. The App may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Your Conduct

You agree to comply with all laws, rules, and regulations applicable to your use of the App.  In addition, you agree not to:

  • upload, transmit, or otherwise make available any information that is known by you to be false, inaccurate, or misleading;
  • take any action that interferes with the proper working of the App or related services, compromises the security of the App or related services, or otherwise damages the App, related service, or any materials and information available through App;
  • attempt to gain unauthorized access to any portion or feature of App, to any other systems or networks connected to the App, to any of our servers, or to any of the services offered on or through the App, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the App or any network connected to the App or bypass the authentication measures on the App or any network connected to the App without our prior permission;
  • install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device; 
  • interfere with or disrupt the operation of the App or server networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App; or
  • use any automated means to collect information or content from or otherwise access the App, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.

Third Party-Owned Content & Applications

The App contains third party-owned content and interfaces to third party-owned websites and online applications for purposes of obtaining your verifiable health records.  PP has no control over any third party-owned websites or online applications or third-party owned content referenced on, linked to from, accessed by, or available on the App.

You acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, disclosure, or protection of information; copyright compliance; legality; decency; or any other aspect of third party-owned websites or online applications that are linked to from the App or the content displayed on or through them.  If you visit third party-owned websites or online applications by clicking links on the Online Services, we encourage you to consult the privacy policy and the terms and conditions of each such website or online application you visit.

Accuracy of Information

The App interfaces with and collects data from a variety of health providers, airline and travel, and governmental partners (“Third-Party Partners”) but we do not guarantee the availability of internet or cellular connections or that such Third-Party Partners will always accept use of the App. Therefore, we recommend that as a back-up, you carry paper documentation of your COVID-19 status when traveling. BY USING THIS APP, YOU UNDERSTAND THAT THE REQUIREMENTS FOR TRAVEL OR ENTRY AT YOUR DESTINATION ARE SET BY GOVERNMENTS AND ARE SUBJECT TO CHANGE.

Termination

Either party may terminate or suspend your right to use the App for any reason on appropriate notice. We may terminate or suspend your use of the App immediately and without notice for a violation of these Terms. You understand that upon termination, you must immediately discontinue use of the App. This section of Terms, as well as other provisions that should by their context survive, shall survive termination of the Terms for whatever reason.

Disclaimers

Because you control the extent to which the information collected and used by the App is shared, PP assumes no liability or responsibility for how your information is used or disclosed once it has been submitted to and stored on the App. In addition, PORTpass™ assumes no liability for any actions taken, including any further use or disclosure of your information, by persons to whom you have provided access to any health passes generated by the App or other information collected or used by the App. This includes but is not limited to actions taken to prevent you from boarding an airline or from entering a country at your destination. You agree that you will hold PP harmless from and against any and all actions, claims, or damages resulting from any use or misuse of the App, or any use or disclosure of your health records and/or other information stored in or accessed through the App.

No Warranty

THE APP AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PP DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE APP AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE APP IS AT YOUR OWN RISK. ACCESS TO THE APP MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY NOT BE ERROR-FREE. NONE OF PP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR INABILITY TO TRAVEL ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE APP. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.     

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE APP WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

You hereby expressly release PP and agree to indemnify and hold PP harmless from any and all claims, including any and all claims for property damage, personal injuries including exposure to or infection with COVID-19, and/or consequential, punitive or other damages which arise, or are alleged to have arisen, in connection with (a) your violation of applicable laws or regulations and (b) the misuse of the App.

Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PP ARISING IN CONNECTION WITH THESE TERMS OR THE APP, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND PP AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE APP SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE; AND THE ARBITRATION PROCESS AND RESULT IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN AN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER THIS AGREEMENT THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND PP AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE CITY AND PROVINCE OF ALBERTA UNDER ALBERTA LAW. PP FURTHER AGREES THAT YOUR FILING FEE FOR AN ARBITRATION WILL BE CAPPED AT THE AMOUNT SET BY THE CANADIAN ARBITRATION ASSOCIATION. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, THE CANADIAN FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND PP ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR USE OF THE APP. REGARDLESS OF THE FORUM, YOU AND PP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF YOU’RE A CONSUMER IN THE EEA, THIS WON’T DEPRIVE YOU OF ANY PROTECTION YOU HAVE UNDER THE LAW OF THE COUNTRY WHERE YOU LIVE AND ACCESS TO THE COURTS IN THAT COUNTRY.

Entire Agreement

These Terms, the PORTpass™ Privacy Policy, and any other policies or notices referenced herein, represent the entire agreement of the parties with respect to the subject matter hereof. Certain provisions of the Terms are incorporated herein via hyperlink and/or on the website.

Contact Us

For any questions or concerns regarding these Terms, please contact us at our Canadian headquarters:

PORTpass Inc.

Calgary, Alberta, Canada

[email protected]