TELUS health space® Account Service Agreement
(Last updated: August 2011)
1. This Agreement
This account service agreement (“Service Agreement” or “Agreement”) forms a legal agreement between you and TELUS Health Solutions GP, represented by its managing partners TELUS Health Solutions Inc ( “TELUS Health”). Sometimes TELUS Health is referred to as “we”, “us” or “our”. This Service Agreement applies to the Service (as defined below) that you are authorized to use while this Service Agreement is in force. by clicking “i agree” or similar electronic acceptance, you agree with the TERMS and conditions of this agreement.
Please note that, except to the extent specifically prohibited by applicable law in your jurisdiction, (i) we do not provide warranties for the Service and (ii) this Agreement contains language that limits our liability. Consequently, please read sections 9 and 10 of this Agreement carefully.
2. Service Description
The Service provides you access to an online storage system for your health information. It can store many different types of information, such as hospital and doctor visit records, medication, immunization records, lab results and data originating from Devices and Applications, as such Devices and/or Applications may be available from time to time (the “Service”). Devices may include health and fitness devices such as pedometers, blood glucose monitors, blood pressure monitors (the “Devices”). Applications may include software applications such as chronic management applications, fitness training applications, weight loss applications, blood pressure applications (the “Applications”). Devices and Applications are collectively referred to as “Solutions”. You can utilize components of the Service directly to view and manage your health information, or you can use selected web sites and Devices that have been created by Application providers and Device manufacturers to work with the Service. Several mechanisms enable you to control how your health information can be accessed, used and shared. A more detailed description of the Service and how information relating to the Service can be disseminated is provided in the TELUS Health Space Account Privacy Statement https://GO.TelusHealthFinance.com/0000100337.
3. Creation of a Service Account and Records
For no charge, you can register and create a Service account (the “Service Account”) that contains one or more individual TELUS health space records (each a “Record”). Each Record includes the personal information of one identifiable individual. Our Service will be deemed to have been delivered once you are granted access to your Service Account.
4. Use of Solutions on TELUS health space
Once you have created your Service Account, you can access, upload and share health information by paying the applicable service fees for Solutions made available on the Service. The Solutions made available on the Service may be provided to you by TELUS Health, but are mainly offered by third party Solution providers (“Solution Providers”) and your use of such third party Solutions are governed by the Solution Provider’s end user agreement. When you choose to use a third party Solution through the Service, you acknowledge that TELUS Health is acting as agent for the Solution Provider in providing such third party Solution to you and TELUS Health is not a party to the end user agreement between you and the Solution Provider. The Solution Provider is solely responsible for its Solution, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to its Solution. You acknowledge and agree that TELUS Health and its subsidiaries are third-party beneficiaries of the Solution Provider’s end user agreement. You also agree that, upon your acceptance of the terms and conditions of the Solution Provider’s end user agreement, TELUS Health will have the right (and will be deemed to have accepted the right) to enforce such rights thereunder against you as a third-party beneficiary thereof.
5. Price and Payment for Solutions on TELUS health space
Prices for Solutions offered via the Services may change at any time. You agree that you will pay for all Solutions you purchase through the Services, and that TELUS Health may charge your credit card for any Solutions purchased and for any additional amounts that may be accrued by or in connection with your Service Account. Your total price will include the price of the Solutions (either purchased alone or as part of bundled offering) plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the Solution. If applicable, TELUS will provide you with a refund in accordance with applicable consumer protection legislation in your jurisdiction.
Once your Service Account is created, will you be able to use your Service Account for one year (the “Term”), unless this Agreement is terminated beforehand by you or by TELUS Health. Unless renewed by the parties, this Service Agreement (and your Service Account) shall automatically terminate upon the expiration of the Term. In addition to all other rights and remedies provided in this Agreement or by law, TELUS Health may terminate the Agreement or cease providing the Service: (i) if you do not comply with this Service Agreement or the TELUS Health Space Account Privacy Statement https://GO.TelusHealthFinance.com/0000100337; (ii) if termination or suspension is necessary to prevent threats to the privacy, security and integrity of your data or data of other users or to the performance or availability of the Service; (iii) to comply with any applicable law or court order; and/or (iv) TELUS Health discontinues the provision of the Service to all users.
You may terminate this Service Agreement and your Service Account at any time for any reason by deleting your Service Account. You can delete you Service Account by using the “delete your Account” function available in the account setting page of the Service. Upon termination of your Service Account, TELUS Health will, after the expiration of a 90-day period, permanently delete data within your Service Account as set out in our TELUS Health Space Account Privacy Statement https://GO.TelusHealthFinance.com/0000100337 and subject to TELUS Health’s standard back-up procedures provided.
7. Use of the Service
In order to use the Service, you must be a resident of Canada, be 18 years of age and use the Service from Canada. You may start using the Service as soon as you have finished the sign-up process and agreed to the terms of this Service Agreement and the terms of the TELUS Health Space Account Privacy Statement. While you may decide to authorize others, including healthcare providers, to have access to your Service Account (or Record), the information stored in your Service Account is not intended to be and should not be used for diagnosis or treatment. The accuracy and completeness of the data within your Service Account is solely within your control, therefore it may not always be accurate or up-to-date and should be viewed by any health care provider as informational only (it being understood that if you authorize any health care providers to access any Record within your Service Account it is your obligation to inform the health care provider of the foregoing limitations). In using the Service, you will comply with the terms set forth herein and those set forth in the TELUS Health Space Account Privacy Statement, which includes that you will:
· comply with applicable laws and regulations (including only transmit and store data and content that is legally permissible and appropriate for the Service);
· maintain the confidentiality of your Service Account (including all login names and passwords) and of all uses of your Service Account;
· promptly notify us if you observe or learn of a privacy/security breach or potential privacy/security breach related to the Service.
· be solely responsible for the accuracy (inaccuracy), completeness, usage and/or disclosure of the data (including personal information) that is stored within your Service Account.
· Indemnify TELUS Health for any failure to comply with the above.
In using the Service you will not violate the terms and conditions set forth herein, which includes without limitation, that you will not (or authorize or permit any other party to):
· use the Service to perform any activity that violates any applicable laws and/or use the Service 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;
· engage in any activity that could compromise the security of or disrupt or interfere with the Service or any network or computers on the Internet or disrupt or interfere with the services of any third party;
· invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything you 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;
· knowingly provide false or misleading information;
· circumvent, decrypt or bypass any technology that TELUS Health uses to protect the Service, our customers and their information;
· 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;
· use the Service in a way that harms us or our affiliates, resellers, vendors and/or Application or Device partners;
· resell, rent or redistribute the Service, or any part of the Service; and
· disassemble, decompile, or reverse engineer any software included and/or use in the Service, except and only to the extent that the law expressly permits this activity.
8. You Are Responsible For Your Service Account
You are solely responsible for all activities that take place with your sign-in credentials (user name and password) and you are responsible to ensure that you and only you use your Service Account. You are responsible for maintaining the confidentiality of your credentials and are similarly responsible for all uses of your Service Account with such credentials whether or not such uses are actually authorized by you. You must immediately notify TELUS Health if the security of your Service Account has been compromised. TELUS Health is not required to confirm the identity or the access right of the user if such user uses your credentials. Non-personal and commercial Service Accounts are prohibited on the Service in the absence of additional signed agreements with TELUS Health that explicitly allow such account use.
We consider your use of the Service to be private and consider that the data you store on your Service Account to be yours. TELUS Health uses commercially reasonable effort to implement appropriate safeguards with the objective that your personal information remains confidential and that it is protected against loss or unauthorized access, use or disclosure. TELUS Health commits to use and/or disclose personal information collected through the Service, including personal health information, exclusively to provide the Service (that includes the support, maintenance and incident resolution services) and as described in the TELUS Health Space Account Privacy Statement https://GO.TelusHealthFinance.com/0000100337, unless you expressly provide otherwise.
10. Authentication Network
11. Warranty and Disclaimer
Except as expressly set forth in this Agreement and to the fullest extent permitted by the law that applies to your jurisdiction, we provide the Service “as-is” and “as available” with no additional representations, conditions or warranties, either express or implied, including without limitation those of merchantability, merchantable quality, durability, quality, fitness for a particular purpose, workmanlike effort and non-infringement. We do not guarantee timely, error-free or uninterrupted Service or the accuracy or timeliness of information available from the Service. The Service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of telecommunications companies, emergency or public safety requirements, or causes beyond TELUS Health's reasonable control.
This Service does not provide medical or any other health care advice, diagnosis or treatment and is not intended to substitute the knowledge, expertise, skill and judgment of healthcare professionals. This Service is not intended for use in critical care environment, including in an environment where fail safe performance is necessary to avoid death, personal injury, or severe damage. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service. Solutions that connect with the Service are not endorsed or warranted by us. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by TELUS Health.
12. Liability Limitation
The following limitations/exclusions do not apply in the Province of Québec for material injury caused through an intentional or gross fault of TELUS Health and/or bodily injury caused to you by TELUS health
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU HEREBY AGREE THAT Notwithstanding any other provision contained herein, you can only recover from TELUS Health (its directors, officers, employees, agents or affiliates) the damages that are directly arising from a failure by TELUS Health to comply with the terms and conditions of this Services Agreement and/or the TELUS Health Space Account Privacy Statement, and in any event the total cumulative amount which you can recover shall not exceed the higher of (i) the fees you paid to TELUS Health for this Service during the twelve (12) month period preceding the accrual of such damages; or (ii) ten dollars (10$). In addition, TELUS Health is not liable to you (or any third party) for any claim, loss, cost, expense or damage whatsoever including (A) punitive, exemplary or aggravated damages; (B) loss of profits or revenue, failure to realize expected savings or any other economic loss of any nature; (C) loss of use, loss of data, lack of availability of your data or third party materials; (D) indirect, consequential, incidental or special damages, even if advised of the possibility thereof; (E) any damages whatsoever relating to the usage of third party products or services (including Applications and/or Devices) accessed through the Services or not; or (F) any damages whatsoever relating to business interruption, delays, viruses or other disabling features that affect your access, use and/or reliability of the Services, incompatibility between the Service and other services, software and hardware.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR OF IMPLIED CONDITIONS OR WARRANTIES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS THE FEES THAT YOU WOULD BE REQUIRED TO PAY WOULD BE SUBSTANTIALLY HIGHER AND COULD IMPACT OUR ABILITY TO OFFER AND YOUR ABILITY TO RECEIVE AND USE THE SERVICES IN YOUR JURISDICTION.
This Service Agreement, the TELUS Health Space Account Privacy Statement and the Offer constitute the entire Agreement between the parties related to the subject matter hereof, and supersedes all previous agreements or representations, oral or written with respect thereto. The waiver or failure of TELUS Health to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If a court determines that any provision of the Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement to the extent of such invalidity or unenforceability and the other provisions of this Agreement will remain in force and not be affected thereby. TELUS Health shall have the right to retain subcontractors to perform the Service.
Force Majeure. No party shall be responsible for failure or delay in performance hereunder (other than payment of any fees or monies due and payable hereunder), by reason of fire, interruptions, failures or defects in Internet, telephone or other interconnection service, interruptions, failures or defects in electronics or mechanical equipment, flood, riot, strikes, labor disputes or freight embargoes, acts of God or of the public enemy, war or civil disturbances, any future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) or any event beyond the reasonable control of a party affecting a party that would delay or prohibit performance hereunder (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.
Assignment. We may assign our rights and/or obligations, in whole or in part, to third parties upon notice to you. Except to the extent prohibited by law in your jurisdiction, the assignee will be bound by its obligations under this Service Agreement and the TELUS Health Space Account Privacy Statement, and TELUS Health will be released of its obligations under this Service Agreement and the TELUS Health Space Account Privacy Statement effective as of the date of the assignment. You may not transfer or assign your rights or obligations under this Agreement nor can you transfer or assign your rights to use any part of the Service. This Service Agreement is solely for our mutual benefit and is not for the benefit of any other third parties.
Notices. Any notice, request, demand, or other communication required or permitted hereunder may be delivered in electronic form. We may notify you:
· by email at the e-mail address you specified when you signed up for the Service; or
· by access to TELUS health space web site that is used to access your Service Account
Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed. All notices to TELUS Health shall be sent to: TELUS Health Solutions Inc. 1000 rue De Serigny, suite 600, Longueuil (PQ), Canada, J4K 5B1. Tel number: (450)928-6000, website: www.telushealth.com, email address: HealthcareSolutions@telus.com
Governing Law and Jurisdiction. This Service Agreement and performance hereunder shall be governed by the laws of the province in which you reside. The province of Quebec shall have non-exclusive jurisdiction to hear matters arising under this Agreement.
Language. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. It is the express wish of the parties that the present Agreement as well as all documents related thereto be drafted in English.
© 2011 Telus Health