This Agreement governs the access and use of services administered by a Blendable Solutions Inc. and Blendable Inc. collectively, (“Blendable”) (the “Services”). Your use of the Services is conditional upon your agreement and compliance with the terms with this Agreement, and the terms and conditions accessible through the YourHSA Company "Terms of Use" and “Privacy Policy”, both of which are hereby incorporated by reference.
Please review the entire terms and conditions below:
Part A: About the Electronic Access Agreement
This Electronic Access Agreement, as amended from time to time (this "Agreement"), applies when you access or use the Services and Third Party Services, together with any terms, conditions or disclaimers provided in the Services (the "Service Terms"). It does not replace any other agreement you have with a YourHSA Company (now or in the future) for any other product or service, including any consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information ("Other Agreement"). The Other Agreement still applies, including to any applicable product or service. You also agree to comply with all instructions we may give you in connection with accessing and using the Services.
Part B: General Terms and Conditions
1. Definitions
In this Agreement the following terms will have the following meanings:
"Account" means any available account held with us or our affiliates that you may access from time to time using the Services;
"Activation Code" means the one-time activation code that we may give to you;
"Aggregator" means a Third Party who provides a Third Party Account Aggregation Service. Note that an Aggregator does not include a Third Party that allows you to do transactions through their service or that does transactions on your behalf;
"Business Day" means any day excluding Saturday, Sunday or a statutory federal or provincial holiday in Canada;
“Claim” means the submission of a code or description submitted and processed for any Health, Dental, Health Spending Account (HSA) and Extended Health (EHC) Claims for which your Plan Sponsor has enrolled you;
“Dependents” mean those persons designated by a Plan Member as dependents who are eligible to participate in a Plan;
"Electronic Access Device" means a personal computer, telephone, cell phone, smart phone, mobile device, wireless device, tablet device or any other electronic device that we allow you to use to access the Services;
“Electronic Means” means any communication method permitted by us from time to time that may include computer, telephone, cell phone, smart phone, Internet, email, personal digital assistant, facsimile or other method of telecommunication or electronic transmission;
"Funding Source" means any bank account, pre-paid card, Visa debit number or card or other source of funds that we deem eligible as a funding source for your Account;
"Funding Source Information" means information relating to Funding Sources such as account number, account type and expiry date (if applicable), and personal information relating to Funding Sources such as your name, email address and correspondence address;
"Loss" means all losses, claims, damages, costs, fees and charges, expenses and other liabilities, including reasonable legal and professional fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, penalties and sanctions;
"Message Centre" means our online communication centre located in our online Software where information may be securely communicated between you and us;
"Mobile Use" means access to certain services, features, functionality, content and information that is available through the Services using certain Electronic Access Devices through our websites that are specifically designed for mobile use;
"Password" means a confidential combination of numbers and/or letters you select to identify yourself that you must provide to access the Services;
“Plan” means any private health services plan, group insurance plan, health spending account or other insured plan offered through Blendable or its affiliates;
“Plan Admin” means an individual, designated by Plan Sponsor and permitted to act on behalf and bind Plan Sponsor in all respects, who has administrative responsibility for handling the day-to-day administration functions of the Plan;
"Plan Advisor" means a person, corporation or other entity identified to us by Plan Sponsor as its broker, consultant or agent and whose appointment as such is shown in our records;
“Plan Member” means an individual an individual with a direct relationship with Plan Sponsor and the Dependents of such individual, each of whom has met the eligibility requirements in accordance with eligibility provisions as required by the Plan and who is enrolled for coverage;
"Plan Sponsor" means your employer and/or a client of us or our affiliates, to which a Plan has been issued.
"Services" means the services and features that we offer through each or all of online Software and that may be accessed by certain Electronic Access Devices;
"Service Provider" means a third party we have contracted with to assist us in the delivery of the Service.
"Service Terms" has the meaning given in Part A of this Agreement;
"Software" means an application that we offer to access the services, features, functionality, content and/or information made available by us using certain Electronic Access Devices;
"Third Party" means any party other than you, us or a party when acting as a Third Party Service Provider. It includes merchants, our subsidiaries and affiliates, parties to whom you can make purchases and/or payments through the Services, other software providers, insurance providers and Aggregators;
"Third Party Account Aggregation Service" means an online account aggregation service that retrieves, consolidates, organizes and presents your Plan accounts for the sole purpose of allowing you to view your accounts with the Aggregator in one place;
"Third Party Service Provider" means a party retained by us to act on our behalf to provide, or to assist us in providing, the Services. In the event that such party is located in a foreign jurisdiction, it is bound by the laws of the jurisdiction in which it is located and may disclose personal information in accordance with those laws;
"Third Party Services" mean any products or services provided by a Third Party that can be accessed through the Services;
"Username" means for our online Software, either your email address or a combination of numbers and/or letters that we may allow you to select. You must provide your Username with your Password to access online Software;
"we", "us" and "our" mean Blendable;
"You" and "your" mean the person who is enrolled to access the Services on behalf of yourself and your Dependants.
"YourHSA Company" means Your HSA Group Inc. and our subsidiaries and affiliates;
The word "including" followed by a list means that the listed items are just examples of what we are referring to, but there may also be other examples as well that we have not listed.
2. Your Role and Responsibility
(a) Your employer, who is referred to in these terms as the “Plan Sponsor”, is responsible for making all contributions to the Plan for your benefit. Blendable has no liability to you for any failure of the Plan Sponsor to make any such contributions.
(b) Your eligibility to participate in any Plan has been determined by your Plan Sponsor, not Blendable. You acknowledge and agree that Blendable has no liability to you in respect of any such determination.
(c) As a Plan Member, you represent and warrant to Blendable that you have provided complete, accurate and true information to your Plan Sponsor regarding the eligibility requirements of the Plan offered by Plan Sponsor, and that you are enrolled for coverage under such Plan. You agree promptly to provide Blendable and your Plan Sponsor with any updates or changes to such information. Blendable shall have no liability or responsibility toward any Dependant who was or is eligible to be covered under the Plan, but who’s information failed to be provided by the Plan Member.
3. Access
You agree to log on to the Service and establish your Password and provide all necessary information required by your Plan. In the event that you forget your Password or cannot access the Service after the initial sign on, you must contact us for assistance or use the reset password functionality using the registered email address.
4. Privacy
The consents and authorizations contained in this Section 4 will not replace or amend any other consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information.
(a) You understand that, in order to administer the Plan, the Plan Sponsor and its representatives, including Plan Advisor(s), may have certain access to the information about you, your Dependant(s) (if any), your coverage and any Claims you have submitted in connection with the Services. You are responsible to obtain any necessary consent from your Dependant(s) for the viewing of their personal information through the Services, and you herby indemnify and hold harmless Blendable, its directors, officers, employees and agents from any expenses, penalties, fines or liabilities imposed because of your failure to obtain such consent.
(b) We may collect your online activity information in Blendable public and secure websites, or in Blendable advertisements hosted on Third Party websites, using cookies and other tracking technology. Your online activity information may be used together with other information we have about you to assess the effectiveness of online promotions, to gather data about website functionality, to understand your interests and needs, to provide you with a customized online experience and to communicate to you information about products and services that may be of interest to you.
(c) You authorize us to collect, use and disclose any Information and any content you may provide while using the Services for the following purposes: (i) to share such Information and content with any Third Party Service Provider for the purpose of providing or assisting us in providing the Services to you; (ii) to prepare the reports described in paragraph (d) of this Section; and (iii) to comply with valid requests for information about you from regulators and other persons who have a right to issue such requests.
(d) You also authorize any Third Party Service Provider who works with or for us in providing you with the Services to use Information and any content you may provide while using the Services for preparing, using and distributing statistical, profiling, performance or operation reports about the Services, provided that if such reports are distributed to a participant in the Services other than us, the information contained in all such reports will not be attributable to you.
5. Security
Your Username and Password must be kept confidential and must not be disclosed to an unauthorized person. You will immediately notify us of any unusual, fraudulent, or other unauthorized use in relation to the Services, or if you know, or reasonably ought to know, that: (a) an unauthorized person has or may have accessed the Services; or (b) the Services have been or may be used in a manner contrary to the Agreement. The Services may not (a) be accessed or used for an illegal, fraudulent, malicious or defamatory purpose or other activities that threaten to harm or cause harm to any other person; or (b) be used in a manner that could or does undermine the security, integrity, effectiveness, goodwill or connectivity of the Services. Although every effort is made to provide secure transmission of information, timely communication and confidentiality cannot be guaranteed. We will not be responsible for any damages suffered as a result of the loss of confidentiality of such information in the course of transmission over the internet. The collection, use and disclosure of personal information in connection with the Services is governed by this Agreement and the YourHSA Company Privacy Policy.
6. Communication and Contracts by Electronic Means
Any communication or contract that we receive from you by Electronic Means, or that is purported to be given by you, regardless of whether or not it was actually from you, will be considered to be duly authorized and binding on you and will be enforceable against you. You agree that any communication or contract delivered, received or entered into by Electronic Means shall be considered to be signed and/or delivered and to constitute a "writing" for the purposes of any statute or rule of law. You agree not to dispute any such communication or contract on the basis that it was delivered, received or entered into by Electronic Means, including on the basis that it was not "in writing" or was not signed or delivered.
7. Intellectual Property
We retain all ownership rights in the Services and any information presented in the Services, including any trademark, copyright, and other intellectual property rights. You are permitted to access the Services, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (the "Content") solely in connection with the Services. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by us in writing or expressly permitted in this Agreement or an Other Agreement. Further, you agree not to reverse engineer or reverse compile any of the Services technology or Software.
8. Content You Provide
You are licensing to YourHSA Company and to any Third Party Service Provider of the Services any Information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Services. We may use, modify, display, distribute and create new material using such Content to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit and without the payment of any fees, we may use the Content for the purposes set out above.
9. Changes to the Services
You understand that we may add, remove or change any part or feature of the Services, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.
10. Prohibitions on Use
You will not (i) provide untrue, inaccurate or incomplete information about yourself, your Funding Sources; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose, or (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person).
11. Different Availability
Not all of the same functionality or features may be accessible or available for all Plans, accounts, Services or Electronic Access Devices or at all times.
12. Third Parties
You understand and agree that:
(a) we may use Third Party Service Providers to provide or to help us provide the Services; and
(b) other than our subsidiaries or affiliates, we do not sponsor or endorse any Third Party nor are we affiliated or associated with any Third Party or any Third Party Service Provider.
13. Disclaimer of Warranties
You expressly understand and agree that your use of the Services and all Information, Aggregation Information, products and other content (including that of third parties) included in or accessible from the Services is at your sole risk, and is provided on an "as is" and "as available" basis. We expressly disclaim all warranties in connection with the Services and all information, products and other content (including that of third parties) included in or accessible from the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from us through or from the Services will create any warranty not expressly stated in these terms. The Services provide Plan management tools, recommendations and suggestions about products, services, and other choices in the field of business health and dental plans, business services, insurance services, and such other fields as may change from time to time, but you are responsible for your choices in using the recommendations and suggestions. Blendable does not provide tax, legal, or investment advice, or investment brokerage services through the Services, and you may not rely on it for any such purpose.
14. Limitation of Liability
In no event shall we be liable to you for any indirect, exemplary, special, consequential or incidental damages of any kind (including without limitation lost profits, business interruption, lost business information or costs of procurement of substitute goods or services). Blendable’s total cumulative liability in respect of your use of the Services, or any other matter shall not exceed ten thousand dollars. The limitations of liability contained in this agreement are fundamental parts of the basis of the bargain hereunder, and each party acknowledges that the parties would not be able to enter into this agreement absent such limitations. The foregoing limitations will apply notwithstanding the failure of essential purpose of any limited remedy herein.
15. Indemnification
You agree to indemnify, hold harmless and fully compensate us and our affiliates for any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from your use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any other party.
16. Modification
Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, if you use the Services after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, if you use the Services after the date of the notice, you agree and consent to the change.
