Terms and Conditions
Effective From: 3 January, 2024
- Acceptance of Terms and Conditions
Welcome to the Profile app and Profile web portals, provided by Intrahealth Systems Limited (“Intrahealth”, “we”, “us”, “our”). The following terms of and conditions (these “Terms and Conditions”) constitute a legal agreement between you (the “User”) and Intrahealth Global Operations (375 Water St, Suite 550, Vancouver, British Columbia V6B 5C6, Canada). These Terms and Conditions govern your use of either the Profile Provider Portal or Profile Patient mobile apps, and the Profile Provider or Profile Patient web portals, depending on what kind of User you are (see section 3 of these Terms and Conditions), as well as the Central Repository of Information and Processes (collectively, the “Services”).
By using the Services, you represent and warrant that you are the legal age of majority in your province or territory of residence. If you are not of the age of majority in your province or territory of residence, you must not access or use the Services.
- Modifications to these Terms and Conditions
We reserve the right to make changes to Services and to these Terms and Conditions at any time without prior notice. Any and all such changes are effective immediately and apply to your continued use of the Services. We will require you accept these changes when accessing Profile, but you should also periodically review these Terms and Conditions as you use the Services.
- Your Account and the Services
The Services provide healthcare providers (“Providers”) with a navigation framework that enables patients (“Patients”), as well as other healthcare providers within the Patients’ circle of care (“External Providers”), to access Patients’ clinical medical records and related data about their care (the “Patient File”).
- Providers
If you are a Provider, you must install and download the Profile Provider App to use the Services on a mobile device. If you use Profile, you will use a web browser for access. You acknowledge that the Services enable you to provide Patients and External Providers access to Patient Files that are under your custody and control. You acknowledge that you are responsible for determining which Users have access to Patient File, and for the security of Patient File.
- External Providers
If you are an External Provider, you must download and install the Profile Patient Provider App to use the Services on a mobile device. If you use Profile, you will use a web browser for access. You acknowledge that your access to Patient Files is determined by the Patients’ Provider.
- Patients
If you are a Patient, you must download and install the Profile Patient App to use the Services on a mobile device. If you use Profile, you will use a web browser for access. You acknowledge that your Provider may use the Services to give External Providers access to your Patient File.
- All Users
In order to use the Services, you must create a password-protected Profile account. You are responsible for safeguarding the confidentiality of the password that you use to access the Services. This includes never disclosing your password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account on our Services, by emailing PatientPrivacy@Intrahealth.com from your registered email address.
- Security
You shall not attempt to circumvent or violate the security of our Services, including, without limitation by:
- attempting to breach or breaching any security or authentication measures, such as attempting to access another user’s account;
- restricting, disrupting or disabling service to the Services’ hosts, servers, or networks;
- illicitly reproducing any of the Services’ TCP/IP packet headers;
- disrupting network services and otherwise disrupting our ability to monitor the Services;
- using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- introducing any viruses, trojan horses, worms, logic bombs, or other material that are malicious or technologically harmful;
- attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
- otherwise attempting to interfere with the proper working of the Services.
- Intellectual Property Rights and Ownership
The Services contains graphics, images, artwork, information, software, code, text, images, video, and audio (the “Company Content”). The Services and all Company Content are the property of Intrahealth or its licensors, and are protected by Canadian and international intellectual property laws including, without limitation, copyright, trademark, patents, or trade secret.
Subject to and conditional upon your compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited license to access our Services and use Company Content for the sole purpose of accessing your clinical medical records. Except as expressly authorized by these Terms and Conditions, you may not otherwise download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Company Content except as supplied to you by Intrahealth in the form of the Products.
The Intrahealth, Aero and Accession names and logos, and all related names, logos, product and service names, designs, images, and slogans are owned by Intrahealth or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, unless authorized by us in writing, constitutes an infringement or violation of the rights of the trademark owner and may be a violation of federal or other laws and could subject you to legal action. You shall not delete or alter any copyright or trademark notices from copies of the Company Content.
- User Standards
As a condition of your access to and use of the Services, you agree that you shall only use the Services for lawful purposes and in accordance with these Terms and Conditions.
While using the Services, you agree not to:
- Violate any applicable federal or provincial laws or regulations; or
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Intrahealth or the Services’ users, or expose them to liability;
- Services Monitoring and Enforcement, Suspension, and Termination
We reserve the right, without provision of notice, to:
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services;
- Terminate or suspend your access to all or part of the Services for any reason, including, without limitation, for any violation of these Terms and Conditions.
- Privacy
Our collection, use and disclosure of personal information is governed by our Privacy Notice, which is available at www.intrahealth.com/aero-and-accession-privacy-notice.
- Disclaimer of Warranties
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER INTRAHEALTH, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER INTRAHEALTH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICES ATTACK, DISTRIBUTED DENIAL-OF-SERVICES ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES.
- Limitation on Liability
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE SITE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL INTRAHEALTH, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
- Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Intrahealth, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms and Conditions.
- Governing Law and Choice of Forum
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Services and under these Terms and Conditions will be instituted in the courts of the British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
- Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Severability
If any term or provision of these Terms Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
- Entire Agreement
These Terms and Conditions constitute the sole and entire agreement between you and Intrahealth regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services.
