Uber Health Dashboard Product Addendum to the Uber Health General Terms and Conditions - Canada
This Uber Health Dashboard Product Addendum (the “Dashboard Addendum”) to the Uber Health General Terms and Conditions (the “General Terms” or “Terms”) is entered into by and between the company identified within the Uber Health sign-up process (“Company”) and Uber Rasier Canada Inc., a company registered under the laws of Canada (“Uber Health”). This Product Addendum sets forth the terms and conditions upon which Company may use the Health Dashboard. Undefined, capitalized terms used herein shall have the meaning ascribed to them in the General Terms. In the event of any conflict between the terms of the General Terms and this Product Addendum, the terms of this Product Addendum shall govern. Company’s use of the Health Dashboard is subject to this Product Addendum, as may be modified or updated by Uber Health as set forth in the General Terms.
1. DEFINITIONS.
The following terms, as may be used only in this Dashboard Addendum, shall have the meanings set forth below:
“Eligibility and Benefits Feature” means, for the purposes of this Dashboard Addendum, the functionality allowing Company to self track Company User’s Uber Service allowance via the Health Dashboard.
“Guest User” means a Company User who either (i) does not have an active Uber Rider Account, or (ii) who has not otherwise accepted the End User Terms.
“Health Dashboard” means the browser-based online Health Product that, in connection with Uber Health’s or its Affiliates’ technology systems, enables Company to request trips on behalf of Company’s clients, customers, employees, patients, and/or other individuals.
2. PROVISION OF SERVICES TO COMPANY.
2.1. Access to Services. Upon execution of this Dashboard Addendum, Uber Health will enable Company to access and use the Health Dashboard and the Admin Portal. The Health Dashboard will enable Company to (a) view Trip Data, (b) prepare and review activity reports using such Trip Data, (c) review and manage payments, (d) review and manage Monthly Statements, and (e) request trips on behalf of Company Users.
2.2. Contact. Until Company has obtained a Company User’s legally-adequate consent pursuant to the Terms, or for any Company User who has opted out of receiving communications from Uber Health or its Affiliates, (a) Company shall be solely responsible for contacting, or facilitating contact with, such Company User; and (b) Uber Health shall have no responsibility for contacting or providing SMS or any messaging of any sort pursuant to this Dashboard Addendum to such Company User. Company may provide to Uber Health the name and phone number of a Designated Recipient in order for Uber Health to provide notifications regarding a Company User’s trip to such Designated Recipient, including via SMS. Uber Health shall not be liable to Company, any Company User, any Designated Recipients or any other party with respect to inaccurate or incomplete information supplied by Company related to any Designated Recipient.
3. PAYMENTS.
Company shall pay all Fees Uber Health assesses to Company for its use of the Health Dashboard in accordance with the Terms.
4. ELIGIBILITY AND BENEFITS FEATURE.
4.1. In the event Company wishes to use the Eligibility and Benefits Feature, Company shall provide a .CSV file, or other file format required by Uber Health, to Uber Health containing all requested information for Company to utilize the Eligibility and Benefits Feature in geographic locations within Canada.
4.2. The availability of, and Company’s access to, the Eligibility and Benefits Feature is at Uber Health’s sole discretion and Uber Health may cease offering the Eligibility and Benefits Feature to Company at any time and for any reason.
4.3 The Eligibility and Benefits Feature does not establish Uber Health or its Affiliates as a health insurer, healthcare clearinghouse, pharmacy benefit manager, benefits administrator, guarantor or any other type of healthcare entity.
4.4. Company represents and warrants that: (a) Company is solely responsible for all information provided by Company for the Eligibility and Benefits Feature, including but not limited to setting and updating Uber Services allowance limits as well as Company User eligibility status; (b) Company is solely responsible for the payment of all Uber Services requested by Company regardless of whether Company User has exhausted their Uber Service allowance; (c) Company understands that the Eligibility and Benefits Feature is not actively updated in real time, relies solely on Company providing up to date allowance information, and is solely for the purpose of helping Company to self track allowances; and (d) Company understands that: (i) the Eligibility and Benefits Feature must fully cover the Uber Service (i.e. if only $5 are available and a ride costs $10 the full cost of the ride will be charged to Company outside of the Uber Service allowance), (ii) rides, including scheduled rides, are subject to the current Uber Service allowance in place at the time of booking, and (iii) Company is solely responsible for any restrictions placed upon the Uber Service allowance including but not limited to location, duration, ride type, and cost limits.
5. INDEMNIFICATION.
Company acknowledges that it may elect to utilize the Health Dashboard to request the Uber Service for Guest Users. Any such election is at Company’s sole discretion, and Company therefore will, to the fullest extent permitted by law, indemnify, defend, and hold harmless Uber Health, its Affiliates, and their directors, officers, employees, consultants, agents, successors, and assigns from and against any and all liabilities, damages, losses, costs, and expenses (including reasonable outside attorney fees) with respect to any third-party Claim arising out of or related to the use of the Uber Service by any Guest User.
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