Mission
Oaks Medical Clinic
Patient
Portal End User Agreement
Effective Date: December
2014
1.
The
Parties acknowledge that this end-user agreement is concluded between Mission
Oaks Medical Clinic (“the Clinic”) and the End-User only, and not with the
technology provider of the Patient Portal, and the Clinic is solely responsible
for the use of the Patient Portal.
2.
The
Patient Portal is not intended for medical use, for medical case management, or
for diagnosis, treatment or cure. End-User acknowledges that Patient
Portal does not provide medical or any other health care advice, diagnosis or
treatment. The
Patient Portal should not be considered a medical device or a replacement or
substitute for the standard practices, professional judgment, skill and
expertise of the health professional using them, but as a computer aid for the
health professional. End-user must always seek the advice
of its physician or other qualified health provider with any questions End-User
may have regarding a medical condition, diet, fitness or wellness program.
End-User must never disregard professional medical advice or delay in seeking
it because of information End-User accessed on or through Patient Portal.
3.
The
End-User acknowledges it may not have access to the End-User’s complete medical
record, and therefore it may not always be accurate or up-to-date and should be
viewed by it as informational only. The Patient Portal is not intended to be
the personal health record of the End-User.
4.
End-User
acknowledges and agrees that:
a.
Patient
Portal may be inaccessible or inoperable for any reason, including, without
limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or
repairs which TELUS may undertake from time to time; or (iii) causes beyond the
control of TELUS or which are not reasonably foreseeable by TELUS, including,
without limitation, interruption or failure of telecommunication or digital
transmission links, including delays or failures due to End-User’s Internet
service provider, hostile network attacks, network congestion or other
failures.
b.
it
shall: (i) not, nor shall it permit or assist others, to use the Patient Portal
for any purpose other than that for which they are intended and designed; (ii)
not alter, tamper with or attempt to repair the Patient Portal; and (iii) not
be entitled to resell the Patient Portal.
c.
It
will keep the password confidential and, that such password shall be changed
regularly.
d.
It
Consents that clinic, at the Clinic’s discretion, may review End-User Data for
the purpose of identifying End-Users that may benefit from notifications
e.
the
Clinic may review End-User Data and send notifications to the End-User via the
Patient Portal resulting from the review of that data.
f.
the
Clinic may use End-User email address to notify End-User that a new
notification is available for consultation in the Patient Portal.
5.
In
using the Patient Portal, End-User will not violate the terms and conditions
set forth herein, which includes without limitation, that:
a.
End-User
will not (or authorize or permit any other party to): use the Patient Portal to
perform any activity that violates any applicable laws and/or , if applicable, use
the Patient Portal to transmit or send any inappropriate (including
pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or
gratuitous violence), improper, excessive, threatening or obscene material or
to otherwise harass, offend, threaten, embarrass, distress or invade the
privacy of any individual or entity;
b.
engage
in any activity that could compromise the security of or disrupt or interfere
with the Patient Portal or any network or computers on the Internet or disrupt
or interfere with the services of any third party;
c.
invade
anyone's privacy by any means including but not limited to, by (i)
misrepresenting the source of anything End-User may post, including
impersonation of another individual or entity; (ii) attempting to harvest,
collect, store, or publish private or personally identifiable information, such
as passwords, account information, credit card numbers, addresses, or other
contact information without their foreknowledge and willing consent;
d.
knowingly
provide false or misleading information;
e.
circumvent,
decrypt or bypass any technology that is used to protect the Patient Portal;
f.
perform
any activity that would harm or disrupt another user's computer or would allow
others to illegally access software or bypass security on Web sites, or
servers, including but not limited to spamming; resell, rent or redistribute
the Patient Portal; and
g.
disassemble,
decompile, or reverse engineer any software included and/or use in Patient
Portal, except and only to the extent that the law expressly permits this
activity.
6.
End-User
is solely responsible for all activities that take place with End-User sign-in
credentials (user name and password) and End-User is responsible to ensure that
End-User and only End-User uses the Patient Portal Account. End-User is
responsible for maintaining the confidentiality of End-User credentials and is
similarly responsible for all uses of the Patient Portal Account with such
credentials whether or not such uses are actually authorized by End-User.
End-User must immediately notify the Clinic if the security of Patient Portal
Account has been compromised.
7.
The
Patient Portal is provided on an "as is" basis, and End-User’s use of
the Patient Portal is at its own risk. The Clinic makes no other warranties,
express or implied, including, without limitation, any implied warranties of
merchantability, non-infringement, fitness for a particular purpose and any
warranties arising from course of dealing, usage or trade practice. The Clinic
does not warrant that Patient Portal will meet the requirements of the End-User
or that they will be uninterrupted, error-free, or secure.
8.
In
no event shall the Clinic or its technology suppliers or their officers, employees,
or affiliates be liable, whether in contract or tort, for (i) special,
indirect, incidental or consequential damages (ii) loss of data or profit or
business interruption, arising out of or related to this agreement, even if the
Clinic has been advised of the possibility of such damages; and (ii) any
damages, losses or injuries to the End-User, or those claiming through the
End-User, under any other claim or theory of action whatsoever arising out of
or related to this agreement, in an aggregate amount exceeding the fees paid to
the Clinic by such End-User. The Parties acknowledge that the Clinic is solely
responsible for addressing any claims of the End-User or any third party
relating to the Patient Portal, including, but not limited to: (i) medical
liability claims; (iii) any claim that the Patient Portal fails to
conform to any Applicable Laws, including claims arising under consumer
protection or similar legislation.
9.
The
End-User understands and agrees that by using the Patient Portal they agree to
be included in TELUS’ patient registry. End-Users on TELUS’ patient registry
may be contacted by TELUS directly in connection with its other health products
and services.