MINIMUM TERMS AND CONDITIONS OF EUSA
1. The Parties acknowledge that this end-user agreement is concluded between 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.