Member Agreement
My Personal Health Record (myPHR) is an online health information and records storage service subject to your agreement with all of the terms of use set out below. The terms of this membership agreement affect your rights. Please read them carefully before using the myPHR.ca website (the "Site"). By using the Site, you agree to be bound by all of the following membership agreement (the "Agreement").
1. NO LIABILITY
When using the Site, information may be transmitted over the Internet,
and is beyond the control and jurisdiction of myPHR. myPHR assumes no
liability for or relating to the delay, failure, interruption or
corruption of any data or other information transmitted in connection
with use of the Site.
IN NO EVENT SHALL myPHR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT myPHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
The member agrees that all the information put in the Site is placed on the site by the member and the member confirms and accepts responsibility and the accuracy for all the information that they place on the Site. By the use of the Site the member agrees to accept the responsibility and for the accuracy of all the information stored on the Site.
myPHR will treat all your information as confidential and will only disclose this information to emergency responders and health professionals, to third properties seeking to provide you with medical services.
Emergency responders and health professionals will not be liable for any use or non-use of the Site.
2. INDEMNITY
You agree to defend, indemnify and hold myPHR, as well as its officers,
directors, employees, agents, licensors and suppliers, harmless from
and against any claims, actions or demands, liabilities and
settlements (including, without limitation, reasonable legal and
accounting fees) resulting from, or alleged to result from, your
violation of this Agreement.
3. CONFORMANCE WITH LAW
myPHR is based in Delta, British Columbia in Canada. myPHR does not represent or warrant, or make any claim whatsoever, that
the Site or Content is suitable for viewing or complies with the laws
of jurisdictions other than British Columbia. If you access the Site from
outside British Columbia, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
4. ARBITRATION, CHOICE OF LAW AND JURISDICTION
You agree and acknowledge that any dispute with myPHR, or with any of
the parties with whom it contracted to operate the Site and/or
maintain, update or alter the Contents, arising in any way out of the
use or inability to use the Site and/or its Contents will be settled
in accordance with the Arbitration Act of British Columbia, and understand
that this will preclude you from bringing any action in the courts of British Columbia or any other jurisdiction. You further acknowledge and agree
to the exercise of personal jurisdiction by an Arbitrator in the
province of British Columbia in connection with any such dispute.
The Site and Content, as well as this Agreement, are governed by the laws of the province of British Columbia, and you acknowledge and agree that British Columbia is the proper jurisdiction in which to resolve any dispute arising out of the use of the Site or Content.
5. ADVERTISEMENTS AND LINKS TO OTHER SITES.
The Site may contain links to other websites. These links are provided
only as references to assist you in finding other websites which you
may find of interest. The websites to which links are provided were
developed and are owned by parties other than myPHR, and myPHR is
accordingly not responsible for the content of any such third-party
sites, sites framed within the Site, or third party advertisements,
and does not make any representations regarding their content or
accuracy. Your use of third-party websites is at your own risk and
subject to the terms of use of use for such sites. myPHR does not
endorse any product advertised on the Site.
6. OWNERSHIP OF COPYRIGHT
The Site and Content are protected by the intellectual property laws
of Canada and of foreign jurisdictions. Any use of the Content not
expressly permitted by this Agreement may violate copyright,
trademark, and other laws. If you violate any of the terms contained in this Agreement, your license to use the Site
automatically terminates.
7. LICENSE AND SITE ACCESS
myPHR grants you a limited license to gain access and make personal use
of this Site in order to create your own health records, and to take
advantage of any products or services available on the Site from time
to time. This license does not extend to downloading (other than page
caching) or modifying the Site, or any portion of it, except with
express written consent of myPHR. This license does not include any
resale or commercial use of this Site or its contents, and this Site,
and any information contained therein, may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose.
8. PRIVACY
Your privacy is as important to us as it is to you and forms part of
the license granted to you. Please review our Privacy Policy and our
Security Statement.
9. ADMINISTRATION OF ACCOUNTS
i) General
Membership entitles users to access the Site. Membership fees become
due and payable on a monthly or annual basis. myPHR will endeavour to notify
members by email (at the email address specified in the account
contact details entered by you);
(a) when a membership fee becomes due.
(b) when access to an account is about to be denied and when data is
due to be deleted from their record in accordance with the terms of this agreement. However,
myPHR cannot take responsibility for the
failure by any member to receive such notification.
ii) Renewal of membership
You agree that all membership services and benefits will cease in the
event that membership fees are not paid when due. Payments on overdue
accounts will be applied to renewal of membership as at the date the
membership fee became due.
Denial of access to a member's account
myPHR reserves the right to deny access to any member's data on the date
a membership fee becomes due, in the event that payment is not
received by myPHR on or before such date; however myPHR may, in its
discretion, permit overdue payments to be made after a membership fee
becomes due before denying access.
Termination of Membership Services/Deletion of Data
You agree that all membership services and benefits for your account
will cease on the date that any renewal membership fee becomes due, in
the event that payment is not received by myPHR on or before such date.
In the event that membership is not renewed by the user by remittance
of membership fees on the date payment is due, myPHR shall have the
right to delete all data entered by you, or, at its option, to require
you to remove all data entered into your record; however myPHR may, in
its discretion, permit you an extension of time for the payment of
renewal membership fees after a membership fee becomes due before
deleting data. However, myPHR makes no agreement in this regard and
cannot accept liability for any deletion of data in the event that
membership renewal fees are not paid when due.
iii) Free Trial Account
myPHR may from time to time offer free trial accounts to users at its
discretion. In the event that you are the user of a free trial
account, the following terms shall apply:
Denial of access/Removal of Data
You agree that all membership services and benefits for such trial
account will cease on the date the first membership fee becomes due,
in the event that payment is not received by myPHR on or before such
date. In the event that membership is not continued by the user by
remittance of membership fees on the date payment is due, myPHR shall
have the right to (i) deny access to your trial account, and (ii)
delete all data entered by you, or, at its option, to require you to
remove all data entered into your record.
iv) Member USER-ID and PASSWORD
When
you sign up with the Site, during the signup process you will be asked
for a USER-ID and then assigned a PASSWORD. Should you lose or
forget your
account details you will also lose access to the data and records
entered by you. You can go to myPHR.ca and select forgot
password and your account details will be sent to the email address
that you specify. You can also change your login and password
under account profile after you log in at myPHR.ca
10. SITE FOR INFORMATIONAL PURPOSES ONLY THE SITE AND ITS
CONTENTS (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES
ONLY.
You understand that, except for information, products or services
clearly identified as being supplied by myPHR, myPHR does not operate,
control or endorse any information, products, tests, procedures or
services in any way. Neither the Content nor the Site is intended to
be a substitute for professional medical advice, diagnosis or
treatment. This Site is designed to assist you in creating a portable
record of your health information and is not intended to be the sole
source of medical information to you. Any medical questions you may
have should be directed to a physician duly licensed to practice in
your jurisdiction.
11. NO WARRANTY
myPHR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOVER WITH REGARD TO THE SITE, OR ANY MERCHANDISE,
INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE. myPHR DOES NOT
WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS,
CURRENCY OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE
OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET
GENERALLY.
i) Health Records
My Personal Health Record does not make any express or implied warranties, representations
or endorsements whatsoever, (including, without limitation, warranties
of title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to
the information, products or services available on this Site. myPHR attempts to be as accurate as possible. However, the information
available on the Site may not be the most current and may not be as
detailed as you require. We recommend that you consult your physician
in conjunction with creating your health records.
ii) Services
You understand that services provided from time to time by myPHR on this
Site are provided for your convenience. THESE SERVICES ARE NOT MEDICAL
ADVICE. THESE SERVICES ARE NOT INTENDED TO BE THE PROVISION OR
PRACTICE OF MEDICAL, NURSING OR PROFESSIONAL HEALTH CARE ADVICE OR
SERVICES IN ANY JURISDICTION. THESE SERVICES ARE NOT TARGETED TO USERS
IN ANY PARTICULAR LOCALITY, NOR ARE THEY INTENDED TO CONSTITUTE THE
DOING OF BUSINESS ANYWHERE ON BEHALF OF myPHR.
myPHR cannot guarantee that the Site will be available at all times. DO NOT USE THE SITE AS YOUR ONLY SOURCE FOR REMINDERS OR DETAILS ABOUT YOUR HEALTH. You understand that myPHR cannot and does not guarantee or warrant that this Site and its contents, and any records created by you, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that it will be available to you at any time.
12. YOUR OBLIGATIONS
You agree that you are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data and for maintaining a means external to the Site for
the reconstruction of lost data.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is your sole responsibility to control the dissemination and use of activation codes and passwords; to authorize, monitor, and control access to and use of your account and password; and to promptly inform myPHR in writing (mailed by postal service to My Personal Health Record, 6488 Sunshine Place Delta, BC, V4E1P7) of any need to deactivate a password. You grant myPHR and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of your records.
You agree that you cannot use this Site if the laws of your jurisdiction make the use of this Site, or the use in accordance with this Agreement, illegal.
You agree to use the Site and Content solely at your own risk.
You agree that you will not act or rely on any product or service available from the Site. YOU AGREE TO SEEK THE ADVICE OF A PHYSICIAN DULY LICENSED TO PRACTICE IN YOUR JURISDICTION FOR MEDICAL ADVICE.
13. YOUR RIGHTS
You have the right to create health records for your personal use at
this Site, and to modify those records at all times, subject to the
terms of this Agreement. To assist you, myPHR reserves the right to do
any or all of the following:
My Personal Health Record reserves the right to take any action it deems necessary to protect your personal safety.
14. SEVERABILITY AND WAIVER
If any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any
provision of this Agreement shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
This Agreement constitutes the entire agreement and understanding between you and myPHR with respect to the use of the Site and Content, and you accept the foregoing terms and agree to be bound by this Agreement.
Changes to this Membership Agreement will be posted on this page so that you may always be aware of the terms in force and effect at any time. You agree to review this Agreement each time you use or gain access to this Site to be aware of such changes and your use of or access to the Site constitutes your acceptance of the Agreement as it appears at the time of your use or access.
Copyright © 2005 My Personal Health Record