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Terms of Use

Welcome to HealthChat!

Last Updated: November 17, 2014.

HealthChat is an online community for health care professionals to communicate and collaborate. Our services are provided by thehealthline.ca Information Network (“thehealthline.ca”), a not-for-profit organization that provides reliable and up-to-date health service information to the people of Ontario. Visit informationnetwork.thehealthline.ca for more information about us and our other services. Thank you for using HealthChat.

By using the Services (as defined below), you are agreeing to these Terms of Use. Please read these Terms of Use carefully before using this website or the Services, as any use of the website or the Services including browsing or posting content, is subject to the legal terms and conditions outlined herein.

These Terms of Use may be amended, modified or replaced by other terms and conditions, without prior notice.

When you log-in to the website and/or use the Services, you are accepting these Terms of Use in their then-current version, and you agree to follow and be bound by these Terms of Use.

A. Definitions

The following terms shall have the following meaning throughout these Terms of Use.

a. The term “Services” or “site” or “website” refers to this website and all related web pages and applications, but does not include any third-party websites that are linked to, or from, this website.

b. The terms “thehealthline.ca,” “HealthChat team,” "HealthChat", or “we,” or “us,” or "our" refer to the healthline.ca or to designated thehealthline.ca Information Network personnel, and our partnered affiliates, or any other party, who may at any time be responsible for managing HealthChat.

c. The term “HealthChat user” or “user” or "you" or “group member” refers to individuals who have registered a HealthChat account. This includes standard users and group administrators.

d. The term “standard user” refers to an individual who has an account with HealthChat, but does not have group administrator privileges.

e. The term “group administrator” or “group admin” refers to an individual who has group administrator level access to Services with respect to a specific group. This access level allows the individual to modify or delete any content in their group. A person is designated as a group admin at the time they contact info@healthchat.ca to form a new group, or at the time such person is designated a group admin of an existing group by another group admin.

f. The term "group" refers to a collection of users who have common health care professional roles with in a single Local Health Integration Network (LHIN) regional boundary, across multiple LHIN boundaries, or are partners of thehealthline.ca Information Network, but a group cannot consist of users from only one organization (for example, a group cannot consist of only users from one doctor’s office). A group allows users who are members of such group to share access to specific content and communication tools within such group. There are many groups on the HealthChat website. A new group may be created by a prospective group admin contacting us at info@healthchat.ca.

g. The term “content” refers to any new information, in any form, added to the website by a user. This many include, but is not limited to, personal posts in the forum, documents, calendar events, announcements, hyperlinks, or inbox messages.

h. The term “user support” refers to any assistance or support the HealthChat team provides to users of our Services. This may include, but is not limited to, helping a group admin set up their group, or helping users to change their password.

i. The term “HealthChat.ca FAQ” refers to a group administered by the HealthChat team.

j. The term “personal health information” shall have the meaning given to such term in the Ontario Personal Health Information Protection Act of 2004.

B. Using our Services

Using our Services does not give you ownership of any intellectual property rights of our Services. Similarly, you may not use the content added by the HealthChat team in our Services unless you obtain permission from us.

Our Services display some content that is not the property of thehealthline.ca. Users who make content available on our Services are responsible for that content. We may review content if we suspect it violates our policies or the law. We may remove or refuse to display content that we reasonably believe violates our policies or the law. However, we do not review content regularly, we simply reserve the right to investigate breaches of our policies or the law.  This site may contain hyperlinks to the web pages of third parties. We shall have no liability for the contents of such web pages and we do not make representations about or endorse such web pages or their contents as our own, as we do not control the information on such web pages, and we are not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.

We assume no responsibility for the actions of third parties or users who provide information on this site. This website and its content is on an ‘as is’ and ‘as available’ basis. We expressly disclaim any conditions, representations and warranties, express or implied, of any kind with respect to this site, its uses and the Services offered on this site, including but not limited to non-infringement, title, accuracy and freedom from computer viruses and other harmful content.

In connection with your use of our Services, we may send you announcements, administrative messages, and other information.

In accessing or using the site, you shall not:

1. harm other persons, in particular minors, or infringe their personal rights;

2. breach / morality in its manner of use;

3. violate any intellectual property right or any other proprietary right;

4. upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage the site or any data;

5.transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations, or unlawful;

6. distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material, and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game, or similar activity; or

7.store, collect, use or maintain any personal information of any other user of the site for any reason other than those directly connected to the purpose of the site (i.e. communicating with such user about health care related matters).

We may deny you access to the site at any time, in particular if you breach any obligation arising from these Terms of Use.

This site is not intended to be used by children under the age of 18. By registering as a HealthChat user, you acknowledge and represent that you are an individual who is at least 18 years of age.

C. Your HealthChat Account

When creating your account you must provide accurate and complete information in all of the specified fields. Failure to provide truthful information may result in the termination of your HealthChat account.

HealthChat has two kinds of accounts: Standard User and Group Administrator

A Standard User Account (“standard user”) lets you access specific HealthChat Services. As a standard user you may be added to multiple HealthChat groups. A standard user may request that a group admin add him/her to a group, or a group admin may invite a person to become a standard user and join the group by signing up to the website. These groups are administered by group administrators, who are responsible for managing the content added to the HealthChat group they administer. The group admin will manage such content in his or her sole and absolute discretion. If a user has a comment or complaint regarding the content posted within a group, such user must contact the group admin to resolve such issue. If unresolved, such member may contact info@healthchat.ca. Membership in a group is dependent on the approval of the managing group administrator, in their sole and absolute discretion. A standard user can add documents, post comments in the forum, create new events in the calendar, and send private messages to other members of the group. All content added to a group by a standard user, excluding files added to private documents (for example, documents posted that are designated at the time of posting as documents only certain individuals can access), will be visible to all users in that group. You are responsible for ensuring the content you add to our Services is appropriate in all respects and conforms to law and these Terms of Use. A standard user must be a health professional. If at any time you are no longer a health professional, you must immediately cancel your user account. If at any time you are or are no longer part of the type of health professionals that a group (of which you are a member) is used for, you must immediately cancel your membership in such group. If at any time, your group admin deems it necessary or desirable, in their sole and absolute discretion, they may remove you as a user and/or as a group member. If at any time the HealthChat team deems it necessary or desirable, in our sole and absolute discretion, we may remove you as a user and/or as a group member.

A Group Administrator Account (“group admin”) gives you access to administrative HealthChat features. As a group administrator you are responsible for managing the content added to your HealthChat group – you must ensure that any content added to the group which you administer does not violate any laws, including copyright, intellectual property or privacy laws. For this reason, you can modify or delete content added by standard users and even access their account information (excluding personal passwords). You must review any comment or complaint made by any user in the group in a reasonable amount of time, and provide an appropriate response. Group users may request that you remove them from a group or delete their account. You must respond to any such request in a reasonable amount of time. You must notify info@healthchat.ca if any issues arise in your group that are not entirely resolved by you. You are responsible for determining each user’s eligibility for group membership, keeping in mind the purpose for which the group was created. You must not admit any user into your group if such user is not a health care professional, or does not fit any other reasonable criteria for being a member of the group. If at any time, you become aware that any user of the group is no longer a health care professional, or is no longer a member of the type of health care professionals for which the group was created, you must immediately remove such user from your group. For this reason, your account allows you to add and remove group members. If at any time you are no longer a health care professional, you must immediately cancel your user membership and your group admin status; if at any time you are no longer a member of the health care professionals for which your group was created, you must immediately cancel your group admin status. You shall ensure that another member of your group is designated the group admin prior to cancelling your group admin status. If at any time the HealthChat team deems it necessary or desirable, in our sole and absolute discretion, we may remove you as either a user and/or a group admin.

D. Content and Privacy

Your Content Matters

A standard user can modify or delete any content they add to the site. We do not allow other standard users to change or delete the content you add to your group. These privileges are reserved for group administrators. Group administrators are responsible for the management of the content and activities in their groups and may delete or modify any content you post to the site at their sole and absolute discretion. You must contact your group administrator if you have a concern regarding the content added by another user. The group administrator will make a determination regarding actions to be taken, if any, in their sole and absolute discretion. HealthChat is a Service for health care professionals. For this reason, it is important that all content you add to our Services is professional and respectful at all times. You shall not add any comments you would not consider appropriate for the workplace. Any content determined to be offensive or inappropriate may be removed by your group administrator, or the HealthChat team, in their sole and absolute discretion. Inappropriate or offensive content may refer to a wide variety of things. Some examples include derogatory comments, content that infringes on copyright law, or inclusion of personal health information.

Intellectual Property and Right to Copy

Our Services allow you to submit content to the site. You retain ownership of any intellectual property rights that you hold in that content.

If the HealthChat team is requested to provide user support for our Services, we may view the content in your group. The HealthChat team will never duplicate or disclose this information in any form unless it is reasonably necessary to do so in accordance with law, or in the process of providing user support for our Services.

The content of this website posted or created by us may not be distributed by you to any third party at any time, nor may it be rented or in any other way made available for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the content of this site by the press or media or through any commercial network, cable, or satellite system, or creating derivative works of the content on this site. Unless allowed by law, you shall not modify the content of this site posted or created by us, nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, the content of this site or any part thereof by any means whatsoever.

If marked as confidential or not for distribution at the time of posting, any content of this site that is added by another user may not be distributed by you to any third party, nor may it be rented or in any other way made available for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the content of this site by the press or media or through any commercial network, cable, or satellite system, or creating derivative works of the content on this site. If content is marked confidential or not for distribution at the time it is posted by another member, you shall not modify the content of this site posted or created by any such other user, nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, such content or any part thereof by any means whatsoever. At all times, content shall only be used in accordance with the expectations of the group.

All content of this site, including without limitation, all text, documents, design, graphics, drawings, photographs, e-mails, pictures, videos, codes, and software and all organization and presentation of such content is protected by copyright laws and other intellectual property laws. You shall observe all such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices from the information or from the content, software, documentation or any copies thereof.

The copyright and trademarks with respect to some content on this site are owned by third parties. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use the site or any information displayed on this site, through the use of framing or otherwise, except, (a) as expressly permitted by these Terms of Use, or (b) with the prior written permission of us or the prior written permission from such third party that may own the trademark or copyright of information displayed on this site.

Your privacy matters – Access to the Site

Some pages of this site may be password protected. In the interest of safety and security of the information contained on the site, only registered users may access the pages of this site. We reserve the right to deny registration to any user. We also reserve the right to determine that certain sites, which may have previously been freely accessible, shall be subject to registration. We are entitled, at any time, at our sole and absolute discretion, to deny you the right to access the password-protected area by blocking your User Data (as defined below), in particular, if you:

  1. use false data for the purposes of registration;
  2. violate these Terms of Use or neglect your duty of care with regard to your User Data; or 
  3. violate any applicable laws in the access to or use of this website.

Upon termination of any Standard User or Group Administrator account, we will remove all User Data and other stored personally identifiable data of such user as soon as the data is no longer required.

When you register as a Standard User or a Group Administrator, you shall give accurate information, and where such information changes over time, update such information (to the extent possible, online), without undue delay. You shall ensure that your e-mail address is current at all times and an address at which you can be contacted. If you have a professional email address, you shall use that email address when submitting your account information.

Upon registration as a Standard User or a Group Administrator, you will create a password, which, together with your e-mail address, will comprise your “User Data”. You shall keep your password confidential, and ensure it remains known only to you. The User Data allows you to view or change your User Data.

You are responsible and liable for any activity that happens on or through your HealthChat account. We suggest that you not reuse your HealthChat account password for any third-party applications for which you must choose a password.

At the end of each online session on the site, you shall log off from the password protected site.  If and to the extent you become aware that any third party is misusing your User Data, you shall notify us immediately by e-mail at info@healthchat.ca. After any such notification, we will deny access to the password-protected area of the site for such User Data. Your access to the site will only be possible again upon your application to us or upon your new registration as a Standard User or a Group Administrator.

At any time you may request termination of your registration on the site, by e-mail to us at: info@healthchat.ca. In such event, we will remove your User Data and other stored personally identifiable data related to you as soon as the data is no longer required.

Additionally, we may display your group’s name and a brief description of your group, on our /ly accessible account registration page. We will respect the choices group administrators make to limit sharing or visibility settings. For instance, group administrators may change certain group settings so that the group does not appear on the account registration page.

Legal Responsibilities and Your Content

All users of our Services are accountable for the legal responsibilities associated with the content they add to our Services. For example, health information custodians (as such term is defined in the Personal Health Information Protection Act) and other health care professionals must ensure personal health information is never made available in our Services.

If you are unsure of what kinds of information are considered personal information or personal health information, please refer to the Ontario Personal Health Information Protection Act (2004), and Canada’s Personal Information Protection and Electronic Documents Act (2001), or refrain from adding content to the Services that may contain personal health information.

In no event shall HealthChat, thehealthline.ca, or any of their affiliates, officers, directors, employees, agents, representatives, suppliers, content or service providers, or successors or assigns be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or any other theory, to you or any other person for damages of any kind (including, without limitation, direct, indirect, compensatory, special, exemplary, incidental, punitive or consequential damages) even if made aware of the possibility of such damages, arising out of or in connection with the use or inability to use, or results of use of, or performance of the site, its content, information or materials contained on the site and/or any products or services available on the site. If you are dissatisfied with the site and the content thereon, or the Terms of Use, your sole and exclusive remedy is to discontinue use of this site.

You agree to indemnify, defend and hold harmless Health Chat, thehealthline.ca, and their respective officers, directors, affiliates, employees, partners, agents, consultants, representatives and third party service providers from any and all claims, causes of action or demand, and liabilities, including, but not limited to, legal, accounting and other professional fees, incurred as a result of any violation of these Terms of Use, your use of the site, and any activity related to your user account on the site, including negligent or wrongful conduct by you, or any other person accessing the site using your account or your User Data.

Although we make every endeavor to keep the site free from viruses, we cannot make any guarantee that the site is virus-free. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any content, information, software or documentation related to the site.

HealthChat and thehealthline.ca assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the site or your downloading of any materials, data, text, images, video, audio, or otherwise, from the site.

Privacy and Protection

Our HealthChat Privacy Policy explains how we treat your information and protect your privacy when using our Service.

For collection, use and processing of personally identifiable data of any user of the site, we shall comply with applicable laws on data and privacy protection, and our Privacy Policy which is available on this site.

You confirm that you have read the Privacy Policy, the terms of which appear on our Privacy Policy page and are incorporated into these Terms of Use, and you agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set for in the Privacy Policy.

E. Modifying and Terminating our Services

We are constantly enhancing our Services. We reserve the right to change or discontinue, permanently or temporarily, the site in full or in part, or to add or remove functionalities or features of the site, and we may suspend the Service altogether, without prior notice to you. Preserving your content and access to that content is important to us. If we discontinue a Service we will give you advanced notice, whenever reasonably possible.

Enhancing our Services is important to us. If you would like to speak with the HealthChat team about creating customized enhancement tools for your group, please contact us at info@healthchat.ca. We reserve the right to charge a fee for any modifications made for the benefit of a specific group.

We may stop the operation of the site or stop providing the Services in full or in part at any time. Due to the nature of the internet and computer systems, we cannot accept any liability related to the continuous availability of the site. We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software, or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

F. The HealthChat.ca FAQ

Every HealthChat user will have access to the HealthChat.ca FAQ, which is a group that is administered by the HealthChat team. The HealthChat FAQ is a content section where the HealthChat team will update HealthChat users with information relating to our Services. From time to time you may receive e-mails from the HealthChat team informing you of upcoming changes to our Services or new enhancements to the site.

G. Changing or Deleting your Account

Removal from a group

If you wish to be removed from a specific HealthChat group, please contact the group administrator of that group to request removal. Group administrators shall honour such requests as soon as possible.

Deleting your account

If you wish to permanently delete your HealthChat account, please contact us at info@healthchat.ca. When you request the HealthChat team to delete your HealthChat account, we will permanently delete all account information. Your content, however, will remain within our Services unless you remove that content yourself prior to requesting the deletion of your account.

Please Note: It is your responsibility to remove all content that you have added to HealthChat prior to the deletion of your account, if you so wish. The HealthChat team will not delete this content for you.

Please Note: If you are a group administrator and would like your account permanently deleted, you must ensure that all of the groups you administer have at least one other group administrator. You may do this by appointing another member of the group as the group admin. If we must disable your account, we may not delete it until another user has been given group administrative privileges.

HealthChat will never share your account password or transfer your access to information to another user. If you are a member of a group and your role within that group is being replaced by another individual, that individual must register their own HealthChat account.

H. About these Terms

We may change these terms at any time, and without notice, to reflect the law or new conditions under which use of our Services take place. We will post notice of changes to these terms on this page. If the changes are significant we will e-mail you and post a notice on the HealthChat.ca FAQ group page.

These terms are the agreement between you and HealthChat. If you would like to discuss these terms, please contact us at info@healthchat.ca.

The individual pages of this site are operated and administered by thehealthline.ca and/or its affiliates or its service providers. The pages of this site comply with the law applicable in the country where the responsible company has its business residence, being Canada. Thehealthline.ca makes no representation that content, information, software and/or documentation on this site are appropriate or available for viewing or downloading at locations outside of Canada. If you access the site from outside of Canada, you are exclusively responsible for compliance with all applicable local laws. Access to the site’s information, software and/or documentation from countries where such content is unlawful is prohibited.

These Terms of Use as well as the use of the site, shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of Ontario and the laws of Canada applicable therein, to the exclusion of its conflict of laws rules. By using this site, you consent and submit to the exclusive jurisdiction of any court located within the City of London, Province of Ontario, Canada. All legal proceedings or disputes arising out of these Terms of Use and your use of this site shall be resolved exclusively in a court in London, Ontario, Canada within one year of the time in which the events allegedly giving rise to such claim began, or your claim will be forever waived and barred.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use, and shall not affect the validity or enforceability of any remaining provisions. These Terms of Use, as updated and revised from time to time, together with the Privacy Policy, is the entire agreement between you and HealthChat and thehealthline.ca relating to the subject matter herein.

We may assign our rights and obligations under these Terms of Use. These Terms of Use shall enure to the benefit of our successors, assigns and licensees.



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