Subscription Terms and Conditions

Revised: August 15th, 2022

1. Scope and use of the subscription

The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to receive pap products ordered by customer from Saskatoon CPAP according to subscription package ordered (see website for current packages). The subscription may not be used by other people or organizations.

2. Acceptance of the subscription

The subscription terms for the Services are accepted by the Customer by **digital signing of the Terms and Conditions document** (or acceptance is inferred when subscription payment is processed) and forward it by email to support@scscpap.ca. The signed Terms and Conditions will be the “Agreement”.

3. Duration and termination of the subscription

The monthly payable annual subscription runs from the date the Customer signs the Terms and Conditions to the end of the month the following calendar Year (for example, if the order is placed July 15, 2022 the subscription runs to the end of July 2023 the following year). After that period, the subscription renews for another calendar year at a time. At the end of the calendar year, the subscription will automatically be renewed for another calendar year unless terminated by the Customer. The minimum subscription period is one full year.

The monthly annual subscription may be terminated by (???email?????) one month before the expiry of the subscription and after last instalment. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.

Renewal of Monthly annual prepaid subscriptions may be terminated by email one month before the expiry of the annual subscription (i.e. for annual subscriptions running April-March, termination must be received before the end of February). The agreement cannot be terminated for the period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.

Saskatoon CPAP may (without prejudice to any other rights or remedies it may have) be allowed to terminate the subscription immediately without giving the Customer prior notice if the Services or subscription is misused (including, but not limited to, use by other people or organizations).

In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.

4. Price and payment terms

The charges are listed on the Subscription Plan. Saskatoon CPAP guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription other than those due to increases in the Retail Price Index or increases introduced by suppliers. The first invoicing period runs from the date the Customer places a monthly annual order to the end of the calendar month 12(Twelve) months after. (For example, if the order is placed July 15, 2021 the subscription runs to the end of July, 2023). After that period, monthly annual services are invoiced for a twelve-month period in advance.

Monthly payment shall be drawn every month for 12(Twelve) months on the monthly anniversary of your initial order. If the subscription is not paid by the due date, a reminder will be sent to the Customer. If the subscription remains unpaid ten days after the date of the reminder the subscription will be placed on hold. If the subscription still remains unpaid ten days after the after being placed on hold, access to the Services will be blocked and Saskatoon CPAP will cancel the subscription without refund. Access to the Services will be unblocked on receipt of payment.

Saskatoon CPAP will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.

The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for entering into a subscription agreement, sending invoices and reminders.

Payments must be made to

Updated Fees Schedule for subscriptions can be found at: saskatoon-cpap/subscription/fee/schedule

6. Operating stability

Saskatoon CPAP aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Saskatoon CPAP aims to re-establish normal operations as quickly as possible.

7. Maintenance of the System

Saskatoon CPAP is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services for updates. Attempted notice of such a suspension will be given to the Customer in advance if and where possible. Saskatoon CPAP will not be responsible for any consequences of such a suspension where notice has been given.

8. Rights

The Subscription program remains the full property of Saskatoon CPAP. Individually customized software relating to our Services also remains the property of Saskatoon CPAP unless otherwise stipulated. Saskatoon CPAP may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated contractors, companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.

9. Liability of Saskatoon CPAP

Saskatoon CPAP has taken reasonable measures to ensure that our Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Saskatoon CPAP shall have no liability if this is not the case. To the extent permitted by law, Saskatoon CPAP disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.

Saskatoon CPAP shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law.

10. Data Processing Agreement, privacy policy and Confidentiality

The Data Processing Agreement is part of the Agreement and sets out contractual provisions to ensure the protection and security of data passed from the Customer and to Saskatoon CPAP for processing.

Saskatoon CPAP has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary to Saskatoon CPAP privacy policy (see: ????????) Saskatoon CPAP is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.

11. Marketing

Saskatoon CPAP shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.

12. System changes and feature updates

Saskatoon CPAP informs its registrants on the self-service platform about system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Saskatoon CPAP self-service platform accept that they are added to the mailing list.

13. Entire Agreement

These Terms together with the completed registration contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Saskatoon CPAP may amend these Terms as required from time to time provided that Saskatoon CPAP will give Customers no less than 20 days' email notice of such amendments and all such amendments will apply to the next renewal of the subscription.

14. Disputes

These Terms shall be governed by and construed in accordance with the laws of Canada/Saskatchewan and the Canadian/Saskatchewan Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.