Terms and Conditions
Medical Arts Centre Accession Portal Terms and Conditions
Last Revised: November 18th 2013
Welcome to Medical Arts Centre’s online patient portal, Intrahealth Accession. This patient web portal allows you to:
– create, check, cancel and change clinic appointments;
– view the name of the referring physician, date when referred and the status of the referral;
– view a summary of the medical information held about you by your physician;
– view investigations and pathology results held by your physician;
– make entries into the medical record such as blood pressure, height, weight;
– view, edit or update personal contact information.
It is a secure and private communication channel that accesses information within your medical record and the electronic medical record system in the Medical Arts Centre.
Terms and Conditions of Use Agreement
It is important that you read all the following terms and conditions carefully.
1. Acceptance
This Terms and Conditions of Use Agreement (“Agreement”) is a legal agreement between you and the Medical Arts Centre (The Clinic).
The Agreement states the terms and conditions under which you may access and use the Portal and all written and other information and materials displayed, linked to, or otherwise made available through the Portal, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (“Content”). By accessing and using the Portal, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Portal.
The Clinic reserves the right to update or change the Agreement at any time for any reason by posting the modified Terms and Conditions of Use. Use of the Portal after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
2. Use of Service
The Portal is made available by the Clinic as a service to clients who are at least 19 years of age, subject to their acceptance of this Agreement and the Clinic’s acceptance of their application for registration as a person authorized to use the Portal (“Authorized User”). The Portal offers Authorized Users services which may include access to educational materials, messaging reminders, an appointment engine, access to communication tools and access to general information (the “Services”).
3. Not Part of Health Record
With one exception, described below, information that you, as an Authorized User, print or otherwise take from the Portal or enter into the Portal does not constitute part of your health record at The Medical Arts Centre, even if you provide the information to your health care provider. For more certainty, your health care provider will not have access to information that you enter into the Portal except in the limited circumstances described below, and accordingly this information will not inform his or her decisions about your care and treatment.
You may be given the option of sending information to your health record at the Clinic through the Portal. Please note that your health care provider may not be alerted when the summary is sent to your health record, nor necessarily able to review it promptly or at all if there are technical problems. For these reasons, you cannot assume that your health care provider has reviewed any information that you choose to send to your health record. If you have concerns with or otherwise need information about communications through the Portal, it is your responsibility to contact your health care provider.
4. Not Medical Advice
The Content provided on the Portal is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute therefor. Always seek the advice of a physician or other qualified health provider properly licensed to practise medicine or general health care in your jurisdiction concerning any questions you may have regarding any Content obtained from this Portal and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Portal. Always consult with your physician or other qualified health care provider before embarking on a new treatment or fitness program. Content obtained from the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
5. Medical Emergency
Do not use the Portal for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider, HealthLink BC (811), 911 or the applicable local emergency number in your area immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Portal.
Use of the Portal and its online communications functionality should never be used for emergency communications, urgent requests or time sensitive matters. These should occur via telephone or by using existing emergency communications channels.
6. No Physician-Patient Relationship
The presentation of Content on the Portal does not establish a physician-patient relationship between you (or someone else) and the Clinic (or any of its health care providers) and is not intended as a solicitation of individuals to become patients or clients of the Clinic (or any of its health care providers).
7. No Medical Advice, Assessment or Treatment
Information accessed through the Portal, including but not limited to broadcast messages from Clinic, frequently asked questions, reminders, content submitted by you or other users of the Portal and information created by third parties, is provided for informational and educational purposes. This information is not a substitute for medical advice, medical assessment or treatment for medical conditions and must not be taken as the practice of medicine, nursing or any other health care profession. Information provided through the Portal should be used only under the supervision of an appropriately qualified physician.
You agree that you will bear all risks associated with the use of any such information, including any reliance placed on the availability, accuracy, currency, completeness, usefulness or appropriateness of such information. You should consult a qualified medical professional before making any decision or taking any action that might affect your health.
8. No Endorsements
Unless specifically stated, the Clinic does not recommend or endorse any specific brand of products, services, procedures, business, or other information that appears or that may be advertised on the Portal.
9. E-mail
The Portal employs a secure communications channel rather than e-mail.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Portal is at your sole risk and that the Services and Content are provided on an “as is” and “as available” basis”. While the Clinic endeavours to provide Content that is correct, accurate, current and timely, the Clinic makes no representations, warranties, conditions, or covenants, express or implied, regarding the Portal and the Content including, without limitation, no representation, warranty, condition, or covenant that
(i) the Content contained in or made available through the Portal or any item(s) made available on or through the Portal will be of merchantable quality and/or fit for a particular purpose,
(ii) the Portal or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose,
(iii) that the operation of the Portal will be uninterrupted or error-free,
(iv) that defects or errors in the Portal or the Content, be it human or computer errors, will be corrected,
(v) loss of data will not occur,
(vi) delays in online communication, transmittal of information or accuracy of content will not occur,
(vii) that the Portal will be free from viruses or harmful components, and
(viii) that communications to or from the Portal will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Portal and the Content is entirely at your own risk and liability. In no event will the Clinic, its service providers, suppliers or licensors, be liable for any damages.
11. Limitation of Liability
In no event shall the Clinic, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Portal or the Content, or your inability to use the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Clinic knew of or ought to have known of the possibility of such damages.
The Clinic also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user/advertiser or sponsor of the Portal (“Third-Party”). Under no circumstances shall the Clinic, its physicians, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from
(i) the acts, omissions or conduct of any Third-Party, and
(ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any website linked to or from the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.
The foregoing limitation shall apply even if the Clinic knew of or ought to have known of the possibility of such damages.
The Clinic will not be liable to you or anyone else for any loss resulting from a cause over which The Clinic does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute and other labour issues, accident, emergency or action of government.
12. Indemnification
You agree to indemnify, defend and hold harmless the Clinic and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgements, losses, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from
(i) your breach of any of the terms and conditions of this Agreement,
(ii) your access to, use, misuse, reliance upon or inability to access or use the Portal, the Content or any website to which the Portal is or may be linked to from time to time or,
(iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Portal.
13. Copyright
The Content is protected by copyright law and is owned by the Clinic and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Clinic.
14. Limited Licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Portal and the Content for your personal, non-commercial use in Canada. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Portal. In the event of a conflict between the terms of a specific licence governing specific Content and this Agreement, the terms of the specific licence shall govern.
15. Trademarks
Product names, service names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Portal may constitute registered or unregistered trademarks of the Clinic or third parties. Any unauthorized use without prior written consent is strictly prohibited.
While certain trademarks of third parties may be used by the Clinic under licence, the display of third-party trademarks on the Portal should not be taken to imply any relationship or license between the Clinic and the owner of the trademark or to imply that the Clinic endorses the products, services, procedures, business, or other information of the owner of the said trademark.
The names and trademarks of companies or products referenced on the Portal may be trademarks of their respective owners and the display of trademarks or trade names on the Portal does not convey or create any license or other rights in these marks or names.
16. Links
The Portal contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Clinic of any third-party website or the content thereof. Unless expressly stated, the Clinic does not operate any third-party website linked to the Portal and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website or the content thereof including, without limitation, any representation, warranty, condition, or covenant regarding
(i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Websites,
(ii) the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites, or
(iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While the Clinic encourages links to the Portal, it does not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation
(i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Clinic, or
(ii) any website which contains, posts or transmits any material or information of any kind 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 copyright, trademark or other proprietary rights.
The Clinic reserves the right to prohibit or refuse to accept any link to the Portal, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Portal upon the request of the Clinic.
17. Submissions
The Portal may provide features which allow you to post messages and content to designated areas on the Portal, to interact with the Clinic and other health care providers, to interact with clinic staff and to upload files, documents, or other materials (“Submission(s)”). The Clinic does not control the content of any Submissions and has no obligation to monitor the Submissions. However, the Clinic reserves the right at all times to disclose any information necessary to satisfy any law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Submission, in whole or in part, that, in the Clinic ‘s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
18. Rules of Conduct Regarding Submissions
When using any of the features of the Portal which allow you to post, upload or make Submissions, it is a condition of your use of the Portal that you do not:
(i) Restrict or inhibit any other user from using and enjoying the Portal, interfere or attempt to interfere with the proper workings of the Portal or do anything, which in the sole discretion of the Clinic, imposes an unreasonable or disproportionately large load on the Portal infrastructure;
(ii) Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(iii) Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, 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 herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
(iv) Post or transmit any Submission which contains a virus or other harmful component;
(v) Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”; and
(vi) Use or “mine” the Portal for commercial purposes, including, without limitation, posting, uploading or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes.
You agree to fully cooperate with the Clinic and any legal obligation to disclose the identity of any person posting unlawful, threatening, libellous, obscene, pornographic, profane or otherwise offensive or illegal materials on the Portal.
19. Grant of Licence Regarding Submissions
By posting or uploading Submissions to the Portal, you grant the Clinic a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to
(i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and
(ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
(iii) In addition to the grant of the above licence, you hereby
(iv) waive all moral rights in your Submission in favour of the Clinic r,
(v) consent to your name, address and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, and
(vi) acknowledge and agree that the Clinic is not responsible for any loss, damage or corruption that may occur to your Submission
20. Registration
To use certain features of the Portal, you may be asked to create an account with the Portal. When you register with the Portal, you agree
(i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and
(ii) to maintain and promptly update the information to ensure it remains true, accurate, current and complete.
(iii) If the Clinic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Clinic has the right to suspend or terminate your access to all or part of the Portal. The Clinic’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Clinic’s Privacy Policy.
21. Acceptance of Terms and Conditions
To register to become an Authorized User, you must indicate your acceptance of the Terms and Conditions by clicking on the “I Agree” icon when first logging into the Portal. Please note that acceptance of the Terms and Conditions is only one criterion of eligibility to be an Authorized User and will not automatically give you access to the Portal. It is within the sole discretion of the Clinic to register or refuse to register you as an Authorized User, create an account for you on the Portal and grant you access or deny you access to the Portal and to revoke, at any time, any access to the Portal that it has granted to you.
22. Use Deemed Acceptance / Revisions Without Notice
It is important that you carefully read all of the Terms and Conditions before using the Portal as by using the Portal, you are agreeing to comply with and be legally bound by the Terms and Conditions as revised from time to time. The Clinic may at any time revise the Terms and Conditions without notice to you. The date on which the Terms and Conditions were last revised is posted at the top of this page. It is your responsibility to review the most current version. By continuing to use the Portal, you are accepting and agreeing to be legally bound by the revised Terms and Conditions.
23. Access
Authorized Users sign on to the Portal by using a User Name and Password. The User Name and a one-time use Password are provided by The Medical Arts Clinic. If an Authorized User does not sign on to the Portal within 90 days of the date on which the activation key is issued or does not access the Portal for 90 consecutive days, the activation key will be deactivated. Reactivation of an activation key is at The Medical Arts Centre’s discretion. The Medical Arts Centre reserves the right to change activation and reactivation keys at any time to protect the security of the Portal.
24. Access Not Transferable
Any right to access the Portal that you are granted is personal to you and non-transferable. You are strictly prohibited from allowing anyone else to access the Portal by using your User Name, and Password. You agree that you will not disclose or release your Password to anyone else, that you are fully responsible for maintaining the confidentiality of your Password and for all activities engaged in or that occur under your Password.
You agree to contact The Clinic immediately if you have any reason to believe that your Password has been compromised. It is expected that you exit from your account at the end of each of your sessions on the Portal.
The Clinic is not responsible for breaches of confidentiality caused by you or an independent third party. You acknowledge and agree that you are responsible for any and all costs that The Clinic may incur as a result of or in connection with any breach of your obligations under this section.
25. Passwords
You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your user name and password. You agree to notify the Clinic immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Clinic will not be liable for any loss or damage arising from the Clinic’s failure or your failure to protect your password or account information.
26. Software Licence and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“software”) is protected by copyright and may be protected by other rights. All such software is owned by the Clinic, its licensors or the party accredited with ownership of such software. You are hereby granted the right to access and use the software embedded and integrated into the Portal, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such software.
If the Portal provides software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such software, a personal, non-transferable, non-exclusive licence to (i) install and run one copy of the software in object code format on a non-networked computer for your personal, non-commercial use, and (ii) to reproduce the software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the software in whole or in part, (ii) sell, rent, lease, license, transfer or otherwise provide access to the software, (iii) alter, remove, or cover any trademarks or proprietary notices included in the software, and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the software or assist others in doing so.
Other than the limited licence granted herein, nothing contained in the Portal shall be construed as granting you any right, title, interest or other licence in or to any software embedded or integrated into the Portal or made available for download from the Portal, including, but not limited, to any intellectual property rights in the software.
All software embedded or integrated into the Portal is provided “as is”, without representation, warranties, conditions, or covenants of any kind, either expressed or implied, including, without limitation, any representation, warranty, condition, or covenant (i) that the software is of merchantable quality and/or is fit for any particular purpose, (ii) that the software will conform with any specification(s) relating to the software, (iii) that the software will be free from material defects, (iv) that the software contains no computer viruses or other contaminants, or (v) that the software shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
27. Tools
Any tools or calculators provided on the Portal are provided for general and illustrative purposes only. Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Portal.
28. Security
Security of your communications and data through the Portal is provided through secure logon protocols, level 3 server security and use of the British Columbia Ministry of Health Services approved Private Physician Network (PPN) infrastructure.
29. Traffic Monitoring
For security purposes, Intrahealth Canada uses software programs that monitor traffic and identify unauthorized attempts to upload to or change information accessible from the Portal or otherwise cause damage. The Clinic has other safeguards in place to protect your personal information including policies, restricted access to personal information and security measures that apply to The Clinic’s computer system.
30. Modification to Portal
The Clinic reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice to you. The Clinic shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Portal or any part thereof.
31. Use Prohibited Where Contrary to Law
Use of this Portal is unauthorized in any jurisdiction where the Portal or any of the Content may violate any laws or regulations. You agree not to access or use the Portal 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.
32. Governing Law and Jurisdiction
The Portal is operated by the Clinic from its offices within the Province of British Columbia, Canada. The Medical Arts Centre physicians are licensed by the College of Physicians and Surgeons of British Columbia to practise medicine in British Columbia. You agree that all matters relating to your access or use of the Portal and its Content shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles.
You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of British Columbia with respect to all matters relating to your access and use of the Portal and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province of British Columbia and of Canada. Any dispute will be settled in Courts located in the City of Nanaimo in the Province of British Columbia, though the foregoing will not limit the ability of the Clinic to seek, in any jurisdiction, an injunction and other remedies which are required to stop you from continuing to breach the Terms and Conditions.
33. Waiver
Any consent by the Clinic to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
34. Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
35. Notice
Questions or comments regarding the Portal should be directed by telephone to the Medical Arts Centre at 250 753 3431
36. Termination
The Clinic may, in its sole discretion, vary, cancel, suspend, deactivate or terminate your right to use the Portal, or any portion of the Portal, at any time without notice. In the event of termination, you are no longer authorized to access the Portal, or the part of the Portal affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Portal and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Clinic shall not be liable to you or any third party for such termination.
37. Entire Agreement
This is the entire Agreement between you and the Clinic relating to your access and use of the Portal and Content.
Contacting the Clinic
Except as indicated above, any communication with the Clinic in regards to the Portal, should be made to:
The Medical Arts Centre
Port Place Mall
103-650 South Terminal Avenue,
Nanaimo, V9R 5E2
Phone: 250-753-3431
Fax: 250-754-6897
