Last updated: November 17, 2020
By using the SBC website, member portal, or application, you agree to the following Terms. SBC retains the right to amend these Terms at any time. If you do not agree with any change to these Terms, you can discontinue use of the Services.
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
You are granted a personal license to use the Services for your own purposes. You may not use the Services for business (commercial) purposes unless SBC consents. You may not use the Services for the prohibited purposes set out in the bullet points.
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
The Services will naturally interact with third-party service providers (for example, Apple Inc. or Google Inc. if you are using an Apple iOS or Android device to access the Services) and those service providers may have additional terms you should be aware of.
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
You will have to create an Account to access the online insurance services offered by SBC. You must be at least 16 to create an Account and the Account must be yours (not another person’s). Any information you provide to SBC through your Account is used solely for providing insurance solutions to you; however, you grant SBC a limited license to use that information as part of providing you the Services. Finally, you agree not to upload, post, or provide any information that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive.
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 retains the right to cancel your access to the Services at any time for any reason. You may have the right, through your Account, to terminate your Account and your access to the 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.
Any insurance information you provide to SBC must be true and correct or else SBC is not responsible for the results of SBC processing or relying upon that information. Additionally, any data which you use to assess a claim or your recourse to insurance is based on SBC’s records, but the data is not guaranteed. While SBC will strive to ensure the integrity of all data, it cannot guarantee that integrity. Consequently, SBC is not responsible for your reliance on this data when purchasing any goods or services for which you believe you will have insurance coverage for.
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.
The Services enable you to set up bank accounts for payment of insurance premiums and other amounts owing to SBC. SBC may use third-party providers, such as payment processors, to facilitate these payments and you expressly authorize SBC to interact with those third-party providers.
Privacy, Personal Information, and Security
SBC’s collection, processing, and use of your personal information is governed by SBC’s Privacy Code, which is available for you to review at the link above. While SBC and its’ third-party providers strive to ensure reasonable protections are in place while you use the Services, they cannot always guarantee the safety or security of your data. Your own internet service provider security protocols as well as the security protocols of the network and devices you use to access the Services are equally as important in ensuring the security of your personal information.
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.
SBC will allow you to opt-in to certain targeted marketing offerings. You may choose to accept or reject those offerings. During your use of the Services, SBC will collect certain data about you, primarily through cookies. However, that data is only used to improve the Services and is not provided to third parties, except as otherwise noted in these Terms.
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
SBC is providing the Services to you without any additional representations or warranties regarding availability or whether the Services are suited for your purposes. In the case of insurance services, SBC makes no warranties regarding whether your claims will be processed without question or whether you will be entitled to a claims reimbursement for all claims submitted. SBC is not liable for any incidental or consequential damages (ex: lost profits or lost data) which arise from your use of the Services. Finally, if you use the Services in breach of the Terms, you are liable to SBC for any damages which SBC incurs because of your breach.
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.
In any dispute over the Terms or the Services, the laws of Saskatchewan govern. Should you bring a legal action against SBC, or SBC brings a legal action against you, the action would be heard in the Courts of Saskatchewan.
You and SBC expressly requested that these Terms and all documents and notices be drafted in the English language. Toi et SBC ont demandé expressément que cette la présente entente et tous le document et avis connexes soient rédigés en anglais.
If SBC chooses to waive strict compliance with any part of these Terms, that does not mean it constitutes a waiver for all time. SBC may later choose to enforce your non-compliance.
SBC will contact you based on your communication preferences or the instructions you provided to us.
Trade-Marks and Trade-Name
All images, trade-marks, trade names, service marks, logos, product and service names, and graphics which form part of the Services are either the property of SBC or other third parties. You are not permitted to make use of any of these items without the express prior written consent of either SBC or another third-party. You may not use those items for your personal use (for example, displaying or copying SBC logos on a personal website).
®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
SBC owns all intellectual property in all elements of the Services, and you do not acquire any intellectual property rights in any part of the Services.
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 cannot assign your rights in the Services (or your Account) to another person. SBC, however, can assign its’ rights to certain other related/affiliated corporations or entities. The relationship between you and SBC (as a result of you using the Services) is not a joint venture, partnership, employment or agency relationship. Finally, if any part of the Terms is deemed unenforceable or invalid by a court of proper jurisdiction, then that provision is no longer operable. However, the remainder of the Terms remain in full force and effect.
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.