Last Updated: January 2, 2019
MedChart manages an internet-based Portal designed to give selected clients the opportunity (a) to initiate the creation of a personal health record containing information such as personal and family health history, medications, allergies, and other relevant personal health information, in order to gain greater access to their personal health information and thereby participate more fully in their own care; (b) to interact and share their personal health information with Client-authorized users such as healthcare providers, members of their circle of care or family members for purposes related to their personal care, and (c) to seek general information pertinent to their medical condition.
If you enrol in MedChart's services and consent to participate in the Portal, you will be shown how to create a personal Portal account ("Account") containing personal health information related to your care at MedChart, and how to use the Portal securely, and in accordance with MedChart's information management policies and procedures including those pertaining to the collection, use and disclosure of personal health information. Features and functions of the Portal and MedChart's policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Portal in accordance with these updated policies and procedures.
The Portal is provided by MedChart in its discretion, as a convenience to its clients. As a result:
Participation in the Portal by each Client is entirely voluntary. You may discontinue your participation in the Portal at any time by notifying MedChart. Should you discontinue your participation in the Portal, or if your access to the Portal is discontinued or terminated for any reason, your Portal ID and password will be deactivated. Where a client decides to discontinue participation in the Portal, all persons previously authorized to view that client's Portal record will be notified that their access has been discontinued at the client's request. Provision by MedChart of the Portal and any of its specific functions is entirely voluntary. MedChart reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, the Portal, its Content or any part or function thereof, with or without notice to you. MedChart shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the portal or any part thereof. In the event of any termination, you are no longer authorized to access the Portal, its Content or any part or function thereof, affected by such termination. The restrictions imposed on you with respect to material downloaded from the Portal and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the Portal or this Agreement.
Further, the Portal, the Content, and Postings (as defined below) are provided "AS IS" . MedChart makes no representation, warranties or covenants, express or implied, regarding the Portal, Content, and Postings, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through the Portal will be uninterrupted or virus-free or error-free, or that the content will be accurate, authentic, complete, current, reliable, or timely; or (ii) that communications to or from the Portal will be secure and/or not intercepted; note that any information sent or received over the internet is generally not secure. The Portal may transmit your personal health information over the public internet. Information transmitted over the internet may be subject to inadvertent loss or theft. While MedChart will undertake all reasonable protection measures MedChart cannot guarantee the security of any information transmitted to or from the Portal. By using the Portal, you agree that your access and use of the Portal and the Content is entirely at your own risk and liability.
Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Portal and any medical conditions 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 the Portal which is not directed at your personal care by a properly qualified and licensed health care provider. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the Portal are provided for general informational and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such tool.
Do not use the Portal to communicate or treat medical emergencies. If you have a medical emergency, call your physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal.
The Portal does not create physician-patient relationships. The presentation of information on the Portal does not establish a physician-patient relationship between you and MedChart.
The Portal contains third party content and links. The Portal does not endorse nor have any responsibility for content or providers of third party links. Neither MedChart nor its employees, agents, officers or directors have any responsibility or liability for, or (unless clearly stated on the Portal) recommend or endorse, any information or brand of products or portals that may be available on the Portal through such content or links. In addition, MedChart prohibits any link to the Portal at any time made without the consent of MedChart and may remove a link without notice. Upon the request of MedChart you agree to remove any link to the Portal you may have acquired or stored.
You can close your Account with us at any time. We also have the right to close your Account for any reason. In the event that your Account is closed you will have 30 days to download a copy of your personal health information stored on the MedChart Portal, after which we will securely destroy all of your personal health information that we have on the Portal. Upon your death or incapacity, we are authorized to take such steps and/or require such documentation (including but not limited to a certified copy of the death certificate, a letter of direction and notarized copy of the Certificate of Appointment of Estate Trustee or Executor [or the jurisdictional equivalents of these documents]) or restrict transactions in the Account as we deem prudent or advisable. In all cases, you (or your estate) shall continue to remain responsible for any transaction on your Account. Your estate representative will have the same rights, responsibilities and obligations under the Agreement as you, the Account holder, unless we, in our sole discretion, determine otherwise.
We will consider any electronic communication received from you or in your name to be duly authorized by you. A copy of any electronic communication will be admissible in any legal, administrative or other proceedings in the same manner as an original document in writing. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
MedChart will send you notifications, alerts and other communications by email (at the email address provided on your Account) and/or through your Portal Account, including:
You agree that receipt of these notifications, alerts and other communications by email as determined by MedChart is a mandatory and integral part of your Account.
The security of e-mail messages is not guaranteed. Messages sent to, or from, MedChart may be seen by others using the Internet. E-mail is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use e-mail to discuss information you think is sensitive. If you decide to use e-mail, please inform MedChart if there are certain types of information that you do not want to discuss by e-mail. Do not use e-mail in an emergency because e-mail can be delayed.
You can permanently remove your Personal Information and Personal Health Information from your Portal Account at any time. In case you want to recover the deleted information, MedChart may be able, at its sole discretion, to retrieve a back-up copy of the Personal Health Information you purchased on the Portal for up to 30-days after you instruct the Portal to delete this information. Otherwise, your Personal Information and Personal Health Information, including any that you purchased on the Portal, are permanently removed from the Portal and must be recreated or repurchased on the Portal.
Any Client Personal Information and Personal Health Information placed on the Portal or otherwise provided to MedChart, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information ("De-Identified Information"). You agree that in the event you delete your Personal Information and Personal Health Information from the Portal, MedChart may maintain a copy in the form of De-Identified Information.MedChart is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to MedChart to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
If you use the Sharing Function on your Portal Account, you consent to MedChart disclosing your selected Personal Information and Personal Health Information ("Shared Information") to your selected authorized MedChart Portal user(s) ("Sharing Recipients"). You agree to MedChart allowing your Sharing Recipients to access, use and/or control your Shared Information and Account functions up to the Sharing permission level that you set for each Sharing Recipient in your Portal. You are responsible for verifying the identity of your Sharing Recipients and for clearly communicating to your Sharing Recipients your intentions for giving them access to your Shared Information and/or Account functions.You agree to assume the risk associated with unauthorized and inadvertent disclosure of your Personal Information and Personal Health Information through the use of the Sharing Function. MedChart will not be liable for any loss or damages that result from your use of the Sharing Function on your Portal Account.
If another MedChart user ("Sharer") has authorized you to access, use, and / or control the Sharer's Shared Information and/or Account functions on your Portal Account, you agree to hold all Shared Information in the strictest confidence, and only use the Shared Information and/or Account functions under the explicit consent of the Sharer and within the limits of this User Agreement.
All fees payable to MedChart for services are in Canadian dollars and considered final payments.No refunds will be given on fees paid except as set out below or at the sole discretion of MedChart.
(i)Where Client is registering an Account as a Substitute Decision Maker and documents required for authenticating their status as a Substitute Decision Maker are not accepted by the Health Information Custodian from which medical records are requested, the Client will be given one additional opportunity to submit authenticating documents through their Portal Account. If the documents are subsequently not accepted by the Health Information Custodian, MedChart may refund up to the amount paid for the uncompleted request for medical records.
(ii)In the event that a request for medical records is not completed at no fault of the Client, MedChart may refund up to the amount paid for the uncompleted request for medical records. For example, the Health Information Custodian does not release the records for any reason other than the Client refusing to pay a Health Information Custodian invoice or not responding to Health Information Custodian requests for required information to proceed with the release of medical records.
In no event shall MedChart and its employees, agents, officers, directors, licensors, and their respective successors and assigns 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 in the nature of or relating to medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse, provision or reliance upon the Portal, the Content, the Postings 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 MedChart knew of or ought to have known of the possibility of such damages.
MedChart Portal participation by a client is entirely voluntary and provided only as a convenience for each client. As a result, you agree to indemnify, defend and hold harmless MedChart, or any one of its employees, agents, officers, directors, 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 (i) your breach of any of the terms and conditions of this Agreement, or (ii) your access to, use, misuse, provision, reliance upon or inability to access or use the Portal, the Content, or the Postings.
The Content is protected by copyright law and is owned by MedChart, or the party accredited as the provider of the Content. Except as granted in the limited licenses 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 MedChart. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Portal and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the Portal, downloads of software) 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 other than within this Portal. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
The Portal may provide features which allow you to participate in discussion groups, to communicate with MedChart, its agents and other 3rd party users and to otherwise post/execute/finalize/upload/communicate information, files, documents, or other materials (including, without limitation, agreements, medical request forms, consent forms, powers of attorney, and patient-related materials) ("Postings"). MedChart does not control the content of any Posting and has no obligation to monitor any Posting. While MedChart may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, MedChart 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 upload or to remove any Posting, in whole or in part, that, in MedChart's sole discretion, is objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, MedChart 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 of Postings to the Portal and the consequences thereof.
The Portal is used by multiple users and we ask each that each user respect the rights of each other user of the Portal. It is a condition of your use of the Portal that you do not:
Subject to any applicable law, any Postings made using this Portal or otherwise made to MedChart, excluding those containing your personal information or your personal health information, are made on a non-confidential basis. Any data contained in the Postings in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information and is non-confidential information. MedChart is under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to MedChart to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, MedChart shall not use or disclose your personal information and personal health information without your consent.
Where use of this Portal is unauthorized in any jurisdiction and 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.
The Portal is operated by MedChart 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 Portal and its 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 Portal and the Content as well as any dispute that may arise therefrom.
Any consent by MedChart 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.
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 the Agreement.
This is the entire agreement between you and MedChart relating to your access and use of the Portal.
Any questions regarding the general terms and conditions, including in respect of any use or disclosure of the information made available by you, should be directed to:
460 Richmond St W. Suite 503