Health Myself Portal Terms of Use

Please read the following Terms of Use ("Terms") carefully. These Terms constitute a legal agreement between you ("You"/"User") and Health Myself Innovations Inc. ("Health Myself", "we", "us"), which owns and operates the Health Myself Patient Portal (the "Portal"), accessible through the Health Myself website, www.healthmyself.ca (the "Site"). Access to the Site and services made available through the Portal are collectively referred to herein as the "Services". The Agreement states the terms under which you may access and use the Services, including, without limitation, terms around accessing and providing articles, text, photographs, images, and any links to third party sites (the "Content").

By clicking "I Agree" or similar electronic acceptance, you are agreeing to be bound by the Terms described herein, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not accept all of these Terms, you should not sign-up for, use or access the Services. Health Myself reserves the right to revise these Terms at any time by posting the most recent version of the Terms on the Site. Use of the Services after such changes are posted will signify your acceptance of the revised Terms.

1. Services Description

The Portal is an online communications tool and health information storage system. It allows health care providers who have a subscription to use the Portal and Services (“Health Care Providers”), medical professionals (“Practitioners”), their patients (“Patients”) and/or caregiver (“Caregivers”) to interact online in a private, convenient environment. It is also designed: i) to allow Patients and/or Caregivers to seek general or specific information relevant to their medical condition(s) from Health Care Providers and Practitioners; ii) for Health Care Providers to offer appointment bookings and Patients and/or Caregivers to manage their appointments; and iii) to allow Patients and/or Caregivers to initiate the creation of and access to a personal health record (“PHR”) containing information such as personal and family health history, medications, allergies, and other relevant personal information (“Personal Information”), (“Personal Health Information”) in one place and thereby participate more fully in their own care.

Please note that some of the services offered on the Portal are free to use but others may require the payment of subscription/access fees. Fee based services will be displayed on the site along with detailed information where applicable

Important Service Limitations: Health Myself cannot guarantee the timeliness, appropriateness, or accuracy of any information or advice provided through the Services. The Services are not intended as a substitute for obtaining appropriate medical advice from your doctor or other healthcare professional. In the case of an emergency or any suspected serious medical condition or ailment, please contact a trusted, local health care professional immediately and do not rely solely on the capabilities of the Services to schedule and arrange primary care.

 

2. Account Registration and Usage

In order to use the Services, you must be a resident of Canada and at least 16 years of age. If your Health Care Provider or Practitioner enrolls you to have access to the Portal, they will provide certain Personal Information about you which will be collected and treated by Health Myself in accordance with our Privacy Policy. Through the Services, you will have access to your own personal Portal account. You will be prompted to finalize your account registration on initial log-in, including selecting a password ("Password"). If you do not wish to proceed to use the Services, you can inform Health Myself and your Personal Information will be deleted in accordance with Health Myself?s Privacy Policy. As a registered user, you are the only individual who is permitted to access the Portal through your Account.

You must (i) provide, true, accurate, current and complete information about yourself when finalizing registration; (ii) maintain and promptly update your Account information to ensure it remains true, accurate, current and complete; and (iii) maintain the confidentiality of your account including not sharing your password with anyone. If Health Myself has reasonable grounds to suspect that such information about you is untrue, inaccurate, not current or incomplete, Health Myself has the right to suspend or terminate your Account and your access to all or part of the Services.

You are responsible for your use of the Services including any Content that you make available through the Services. Content that is submitted, posted, or displayed by your Account may be viewed by other Users. You agree to notify Health Myself immediately of any unauthorized use of your Account or any other breach of security, and to ensure that you log-out of your account at the end of each session. Health Myself will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account.

3. Restrictions on Content and Use of the Portal

Health Myself reserves the right at all times, without obligation, to remove or refuse to distribute any Content on the Site and/or Portal and to terminate or reclaim user accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. For greater certainty, Health Myself will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane, or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the Content that you post to the Services and the consequences thereof.

Users hereby agree to refrain from the following while accessing the Services:

  • Contravene any applicable laws relating to acceptable online conduct, behaviour, and Content usage;
  • Engage in any illegal, offensive or unauthorized conduct including:
    • Hacking, accessing, tampering with, or using non-public areas of the Site or Portal, our computer systems, or the technical delivery systems of our providers and partners;
    • Promoting bigotry, threaten, discriminate against or impersonate other Users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
    • Posting any sexual or offensive Content;
    • Posting or transmitting any Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights or derivative works, without first obtaining permission from Health Myself or the rights holder;
    • Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
    • Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
    • Removing or modifying any copyright, trade mark or other proprietary notice on the Services;
    • Using the Portal to communicate medical emergencies rather than using dedicated emergency services;
    • Use automated devices (such as robots and spiders) to scrape or index the Services or their Content; and
    • Record or mine information about other Users of the Services.

4. Limitation of Liability

Health Myself cannot and does not guarantee any results or conduct or oversee the Practitioners or Health Care Providers. You therefore acknowledge and agree that if you elect to engage with any Practitioner, such dealings are solely between you and the Practitioner and Health Myself shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Health Myself does not endorse and does not take any responsibility for content of links to third party websites ("Links"). The Services may contain third party content and Links. Health Myself and its participating partners, officers, directors, employees, agents, licensors, and their respective successors and assigns do not have any responsibility or liability for and, unless explicitly stated on the Services, recommend or endorse any information or brand of products or services that may be available through such content or Links. Health Myself may remove any Link to the Portal without notice. Upon the request of Health Myself you agree to remove any Link to the Portal you may have acquired or stored.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW HEALTH MYSELF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGES: (I) CAUSED BY RELIANCE ON PRACTITIONERS OR MEDICAL CARE PROVIDERS ADVICE OR FAILURE TO SEEK APPROPRAITE MEDICAL SUPPORT INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION OR IMPROPER TREATMENT UNLESS SUCH HARM IS CAUSED BY THE NEGLIGENCE OF HEALTH MYSELF OR ITS EMPLOYEES; OR (II) OTHER LOSSES INCURRED IN CONNECTION WITH YOUR USE, MISUSE OR RELIANCE UPON THE SERVICES OR THEIR CONTENT, OR YOUR INABILITY TO USE THE SERVICES, ANY LOSS OF DATA REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HEALTH MYSELF KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

5. Release

Because Health Myself does not supervise or control interactions between Users and Practitioners, and because Health Myself has no control, if any, over the quality, safety, legality, truthfulness or accuracy of those aspects of the Services provided by Practitioners or third parties, and because Health Myself cannot guarantee the security of information transmitted through email and over the Internet, you agree that you bear all risk and you agree to release Health Myself (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services except to the extent any injury is directly due to the negligence of Health Myself or its personnel. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

6. Indemnity

You agree to indemnify, defend, and hold harmless Health Myself, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from your breach of these Terms.

7. Intellectual Property and Limited License

All right, title, and interest in and to the Services (excluding Content provided by you) are and will remain our exclusive property and the property of our licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Health Myself name or any of our trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Health Myself gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided by Health Myself as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Health Myself, in the manner permitted by these Terms.

8. Portal Posts

The Portal may provide features which allow you to participate in discussion groups, to communicate with Health Myself, its agents and other third party users and to otherwise post, upload, and communicate information, files, documents, or other materials ("Posts"). Health Myself does not control the content of any Posts and has no obligation to monitor any Posts. While Health Myself may attempt to remove Posts which do not comply with these Terms and Posts, it cannot guarantee that they will not be posted, uploaded or communicated and is not responsible for their content or any damages resulting therefrom. Health Myself reserves the right at all times and at its sole discretion to edit, refuse to upload, or to remove any Posts which are, in whole or in part, objectionable, inaccurate, misleading, or in violation of these Terms or our Privacy Policy.

9. General

Use prohibited where contrary to law. Use of the Services is unauthorized in any jurisdiction where the Services or any of the Content may violate any laws or regulations. You agree not to access or use the Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing law and Jurisdiction. The Services are operated by Health Myself from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of the Services and Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Services and the Content as well as any dispute that may arise therefrom.

Waiver and Severability. The failure of Health Myself to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement. This document and the Privacy Policy and any guidelines provided by Health Myself on use of the Services from time to time constitute the entire Agreement between you and Health Myself relating to your access to and use of the Services.

Notice. Questions or comments regarding the Services should be directed to the Health Myself Portal Administrator at support@healthmyself.ca.

Last Updated: September 9, 2016

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