HealthConnex Terms of Use
 

Acceptance of Terms of Use

These Terms of Use govern your use of the HealthConnex service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the "HealthConnex service" or "service"). By using, visiting, or browsing the HealthConnex service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the HealthConnex service, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and Connecting People for Health Cooperative Ltd . of Truro, Nova Scotia,  and apply to your use of the HealthConnex service as made available in Canada. They affect your rights and you should read them carefully.


Changes to Terms of Use

HealthConnex reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the HealthConnex website. The most current version of the Terms of Use will supersede all previous versions.


Privacy and Communications Preferences

Any personally identifying information submitted through the HealthConnex service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, HealthConnex may send you newsletters about new HealthConnex features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the ‘unsubscribe’ link at the bottom of any communication received.


Membership and Billing

You can find the specific details regarding your membership with HealthConnex at anytime by visiting our website and clicking on the "LOGIN" link, then click on “My HealthConnex” and then on “My Account”.

  • Free Trials

Your HealthConnex membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up.  Free trials may not be combined with any other offers. If you or another member of your household has been a HealthConnex member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid Payment Method to use our service.

If you wish to retain your membership at the end of the free trial period, then you need to renew your membership.  To view the specific details of your membership, such as the end date of your free trial period, visit our website and LOGIN to your account.  Click on the “My Account” link.  You will see a box that provides your account expiry date, and you can click on the ‘renew’ button to renew your membership. You may cancel your membership at anytime.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, year or yearly refers to your billing cycle (See "Billing" below).

  • Billing

By starting your HealthConnex membership, you are expressly agreeing that we are authorized to charge you a yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the HealthConnex service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.

The membership fee will be billed at the beginning of the paying portion of your membership.  Visit our website and click on the “My Account" page to see the expiry date for your current membership.

All fees and charges are fully earned upon payment. Payments are non-refundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging into your account on the HealthConnex website and clicking on the "My Account" button, available at the left under “Welcome”.

  • Membership Expiry

Your HealthConnex membership, which may start with a free trial portion, will automatically terminate on the Expiry Date.  Please click on “My Account” to see the expiry date of your account. Click on the ‘renew’ button to renew your membership. Membership fees are fully earned upon payment.

  • Cancellation

You may cancel your membership to HealthConnex at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, please send an email to cancel@healthconnex.ca requesting cancellation of your membership.  Note that if you cancel your membership, any information stored in your HealthConnex account will be deleted. We highly recommend that you export your Personal Health Record and Tracker information prior to cancelling your HealthConnex account.


Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for reasons such as: abuse of service, discontinued account, system maintenance etc.


How Our Service Works

HealthConnex is an online subscription service providing its members with tools to track and store their health information.  We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

  • Availability

The availability of HealthConnex services may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HealthConnex makes no representations or warranties about the quality of the interacting experience on your display. 

  • Geographic Limitation

HealthConnex is currently available only to residents of Canada.  You may not sign up for HealthConnex if you are not a resident of Canada. 

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.


Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the HealthConnex service, HealthConnex implements technology that enables us to recognize you as the account holder and provide you with direct access to your account.  You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.


You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit.  If you fail to log out or deactivate your device, subsequent users may be able to access certain areas of your account information.

If you give another person access to your account using the Emergency Access Portal or other HealthConnex permission functions, you are responsible for managing and controlling those accesses. Access to the Emergency Health Portal is tracked in the Personal Health Record (PHR) portion of HealthConnex account under System History.

 

HealthConnex strongly recommends that any devices (i.e. wireless handheld devices, notebook computers, etc) that are used to connect to HealthConnex be secured with password protection and also recommends that you use only secure wireless networks to connect to HealthConnex. 

If you find that you're a victim of identity theft and it involves a HealthConnex account, you should notify customer service at support@healthconnex.ca. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the HealthConnex website and not through a hyperlink in an email, even if it looks official. HealthConnex reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. HealthConnex is not obligated to credit or discount a membership for holds placed on the account by either a representative of HealthConnex or by the automated processes of HealthConnex.


Disclaimers of Warranties and Limitations on Liability

THE HEALTHCONNEX SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HEALTHCONNEX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HEALTHCONNEX SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. HEALTHCONNEX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HEALTHCONNEX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT HEALTHCONNEX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE HEALTHCONNEX SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. HEALTHCONNEX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, HEALTHCONNEX SOFTWARE OR OTHER THIRD PARTY APPLICATIONS (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the HealthConnex service or on the HealthConnex website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the HealthConnex service and/or website or user interfaces, (iv) delivery and or display of any content contained on the HealthConnex website, user interfaces, or otherwise through the HealthConnex service; and (vii) any losses or damages arising from the use of the content provided on the HealthConnex website, user interfaces, or otherwise through the HealthConnex service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tools used by Customer Service or any conduct by users of the HealthConnex service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the HealthConnex service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon HealthConnex or its affiliated parties.

IN NO EVENT SHALL HEALTHCONNEX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE HEALTHCONNEX SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE HEALTHCONNEX SERVICE, INCLUDING ANY HEALTHCONNEX FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE HEALTHCONNEX SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE YEAR’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.


Use of Information Submitted

  • Your Data

You are responsible for all information entered into your HealthConnex account.  You may change or delete your information at any time.  Once you have deleted any information it will not be stored or retrievable by HealthConnex.  You may export your Personal Health Record and Tracker data to Microsoft Excel format.  Once data is exported from HealthConnex then HealthConnex is no longer responsible for the security and privacy of this exported information. 

 

HealthConnex will not disclose your personal information or connect you with any third party systems without your consent, except as specified in the Privacy Policy.

  • Feedback Data

HealthConnex is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the HealthConnex service, including the HealthConnex website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the HealthConnex service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify (to summarise and to ensure anonymity only) the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note HealthConnex does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HealthConnex. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against HealthConnex and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

  • Aggregated Data

HealthConnex may use aggregated data about use of the HealthConnex portal to improve the quality and functionality of HealthConnex and for marketing of HealthConnex. This aggregated information is not connected to any one individual or account and cannot be used to identify you. 


Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.


Electronic Communications

By using the HealthConnex service, you consent to receiving electronic communications from HealthConnex. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with HealthConnex and you receive them as part of the HealthConnex membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Customer Service

If you need assistance with your account, you may find answers and may forward questions to Customer Support at any time at support@healthconnex.ca  or click on the ‘contact us’ link at healthconnex.ca


Your Conduct in Accessing the HealthConnex Service

By accessing the HealthConnex service, including the HealthConnex website and user interfaces, you agree to use the HealthConnex service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the HealthConnex service. You also agree not to interfere with the servers or networks connected to any portions of the HealthConnex service or to violate any of the procedures, policies or regulations of networks connected to the HealthConnex service. You also agree not to impersonate any other person while using the HealthConnex service, (unless you are the guardian of another individual), conduct yourself in a vulgar or offensive manner while using the HealthConnex service, or use the HealthConnex service for any unlawful purpose.


Limitations on Use

You must be 19 years of age or older to become a member of the HealthConnex service. In certain jurisdictions, the age of majority may be older than 19, in which case you must satisfy that age in order to become a member. While individuals under the age of 19 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

Unless otherwise specified, the HealthConnex service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the HealthConnex service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the HealthConnex service, without our express written consent. HealthConnex does not promote, foster or condone the copying of any digitally delivered content or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the HealthConnex service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HealthConnex without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the HealthConnex name or trademarks without our express written consent. Any unauthorized use of the HealthConnex service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership and possible legal action.


Links and Pages

Some of the hyperlinks on the HealthConnex website may lead to other websites or other content that are not controlled by, or affiliated with, HealthConnex. In addition, other websites may link to the HealthConnex website or HealthConnex may include links to the websites of businesses, including those that have associations with us through certain programs. For example, HealthConnex may include pages that display and provide information on Applications  or other products. These pages may provide links to third party sites where HealthConnex members may obtain or purchase such Applications. HealthConnex has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that HealthConnex is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use.


Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, without regard to conflicts of laws provisions. You and HealthConnex agree that the Supreme Court of Nova Scotia shall have jurisdiction over any dispute between you and HealthConnex relating in any way to the HealthConnex service, our website and user interfaces, or these Terms of Use. You and HealthConnex expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Effective Date: Feb 15, 2011