Conditions of Use
- Conditions of Use – These Conditions of Use contain a number of important obligations, restrictions, notices and disclaimers that apply to this Site, to the use of this Site and to any information which is made available on this Site. By making any use of this Site and/or any of the pages or information made available on this Site, you are agreeing to be bound by all of the provisions of these Conditions of Use and that you will comply with the provisions of these Conditions of Use in respect of all matters regarding this Site. We recommend that you read the entire Conditions of Use carefully. If you do not agree with these Conditions of Use, do not access or view this Site.
- Definitions – In these Conditions of Use:
- “eChart Manitoba” is an operation of Digital Health, and Digital Health is an operation of Shared Health Inc.
- “FIPPA” means The Freedom of Information and Protection of Privacy Act (Manitoba);
- “includes” and “including” means including without limiting the generality of the foregoing;
- “PHIA” means The Personal Health Information Act (Manitoba);
- “Site” means this website, at echartmanitoba.ca;
- “Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by eChart Manitoba) to which links are provided from this Site; and
- “use” includes access, viewing or copying, whether in whole or in part;
- Contract – These Conditions of Use constitute a legally binding contract between the User and eChart Manitoba, and eChart Manitoba is entitled to rely upon and to enforce its terms.
- Headings – Captions and headings are inserted for convenience only, and are not to be used as an aid in the interpretation of these Conditions of Use.
- Other Conditions – In addition to these Conditions of Use, your use of this Site may also be subject to the terms and conditions which may be posted on or applicable to Third Party Sites. See the section below entitled “Disclaimer re: Third Party Sites.”
- Purpose – This Site provides general information about eChart Manitoba and its programs and activities that may be of interest to readers.
- User – These Conditions of Use apply to all persons who use this Site, or who attempt to do so, whether or not they are authorized by eChart Manitoba. Such a person is referred to in these Conditions of Use as “User” or “you.”
- Changes to Conditions of Use – Changes may be made by eChart Manitoba to these Conditions of Use at any time by updating this posting. We strongly recommend that you review these Conditions of Use regularly, and your continued use of this Site means that you agree to any changes made.
- Digital Health – Digital Health is a provincial program providing strategic coordination and delivery of a province-wide health information and communication technology (“ICT”) strategy. Digital Health offers a single integrated organization capable of providing solutions to integrate health systems across regions and care sectors; improve and expand health services by managing ICT to achieve economies-of-scale; improve the efficiency and effectiveness of ICT services; and create reliable and secure connections to health. While it is the main vehicle by which Manitoba Health implements its policies concerning ICT in the health-care sector, Digital Health is administratively housed within the Shared Health Inc., which is legally responsible for Digital Health. The Chief Information Officer (CIO) has a direct reporting line to Shared Health Inc.
- Proper Law – This Site and its content are administered by eChart Manitoba from its offices in Canada and is intended primarily for use by residents of Manitoba. This Site, its content, these Conditions of Use and your use of this Site are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Site and your use thereof will be decided exclusively by the courts of the Province of Manitoba. More Information – eChart Manitoba welcomes your questions or concerns regarding this Site or these Conditions of Use. Please feel free to contact us at:
- Shared Health Inc.
1610-155 Carlton Street
Winnipeg, Manitoba R3C 3H8
- or by email at [email protected]
- Shared Health Inc.
- Ownership of Site – This Site is owned and operated by eChart Manitoba.
- Copyright – Except where expressly stated otherwise:
- This Site is protected under the copyright laws of Canada and other countries. The materials and images on the Site are protected by copyright and may be subject to trademark protection. eChart Manitoba either owns the intellectual property rights, including copyright, in and to this Site, or has acquired the necessary permissions to use the information, including all text, HTML code, multimedia clips, images, graphics, icons and the selection and arrangement of the contents of this Site; and
- No person has permission to copy, redistribute, modify, reproduce or republish in any form any material or content found on this Site. This includes electronically reproducing by “uploading” or “downloading” or accessing onto the Internet or any other local or international computer system.
- Trademarks – This website includes marks that are registered under The Trade-marks Act (Canada), which are either owned or licensed for use by eChart Manitoba. Additionally, certain other words, phrases, names, designs or logos used on the Site may constitute official marks, trademarks (registered and unregistered), service marks or trade names of eChart Manitoba, Shared Health Inc. or other entities. The display of such official marks, trademarks (registered and unregistered), service marks or trade names does not convey or create any license or privilege of any kind. Unauthorized use or exploitation of such marks or names is strictly prohibited.
- Permission to reproduce – Advanced written authorization is required from eChart Manitoba if you wish to reproduce or republish any material located on this Site, including using or publishing any names, logos, likenesses, photographs, graphics, illustrations, video, music or sound from the Site. If you require further information on a permitted use or license, contact eChart Manitoba. Under no circumstances may any reproductions be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of eChart Manitoba.
- No improper use – This Site and its content may be used only for the limited purposes described in these Conditions of Use. You will not make or attempt to make any other use thereof. You warrant and undertake that in your use of the Site you shall:
- not abuse in any way this Site and you will not, and will not attempt to, modify this Site or any of its content, or disrupt or interfere with the availability or operation of this Site;
- not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents;
- use current virus monitoring software;
- use the Site only for lawful purposes, and in a manner, which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;
- not engage in any conduct which may harass or cause distress or inconvenience to any person;
- not frame, mirror, scrape, inline or data-mine the Site or any of its material or content in any form and by any means; and
- not impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
- Accuracy of data – The information, material and content posted on this Site are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no warranty or guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information on the Site. eChart Manitoba presents its content “as is” and eChart Manitoba makes no claims to its accuracy, either express or implied. Further, eChart Manitoba assumes no obligation to update the information or advise on further developments concerning topics mentioned. Despite the aforementioned, eChart Manitoba may make changes to the content at any time in its sole discretion without notice.
- No Advice – The information on the Site, including newsletters, articles, opinions, views, wording, graphics and images, is provided for educational or information purposes only. It is not intended to provide medical, legal or professional advice whatsoever or to replace consultations with professional advisors and should not be relied upon in that respect.
- Report Errors – If any errors are noticed on this Site or in the information which is accessible on this Site, you are requested to immediately advise eChart Manitoba at the address set out above.
- Third party Data – No endorsement or approval of any third parties, or of their advice, opinions, information, products or services, is expressed or implied. eChart Manitoba does not review or control, and is not responsible for, any information which is created or supplied by a third party.
- Disclaimer re: Third Party Sites – This Site may contain links to Third Party Sites. In addition to these Conditions of Use, your use of Third-Party Sites may be subject to the terms and conditions which have been posted on or are applicable to the Third Party Sites. By providing these links, eChart Manitoba is not responsible for the privacy practices, content, transactions, and the functioning of the web sites. The parties who own, maintain or control Third Party Sites are solely responsible for their content, and eChart Manitobaassumes no responsibility for such content and disclaims any and all liability for injury and/or other damages, which result from an individual using any information, including techniques discussed on any Third-Party Sites. Links to Third Party Sites are provided for convenience only and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them. Linking to Third Party Sites is at your own risk and eChart Manitobais not responsible or liable for any damages in connection with linking, including but not limited to: incompatibility, non-suitability, viral infection, worms, Trojan horses, or other destructive/disruptive components on or from such Third-Party Sites. A link to a Third Party Site should not be construed to mean that eChart Manitoba is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol that may be reflected in the link or the description of the link to such other Third Party Sites.
- Searches – The results of your use of the Site search tool may automatically and unintentionally generate links or references to objectionable material. Computerized search technology does not give you search results limited to only the information that you were seeking. eChart Manitobais not responsible for any search results that refer to sites and information located worldwide throughout the Internet.
- No warranties – ECHART MANITOBA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS, WHERE IS’ AND ‘AS AVAILABLE’ AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE SITE AND/OR ITS CONTENT. ECHART MANITOBA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATION, TERMS AND CONDITIONS OF USE AND WARRANTIES INCLUDING THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
- Viruses – While every effort is made to ensure that all information provided on this site does not contain computer viruses, eChart Manitoba cannot and does not either guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, or codes that manifest contaminating or destructive properties. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
- Submissions – All information submitted to eChart Manitoba via the Site shall be deemed to be and remain the property of eChart Manitoba. eChart Manitoba shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to eChart Manitoba through the Site or sent through email. eChart Manitoba shall not be subject to any obligations of confidentiality regarding any such information submitted to it, unless specifically agreed by eChart Manitoba or required by law. You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant eChart Manitoba the right to provide access to the information from the Site. You warrant that any software submitted to eChart Manitoba shall be free of computer viruses.
- Exclusion of Liability – NEITHER ECHART MANITOBA NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THE CONDITIONS OF USE INCLUDING LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, INJURY, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY ECHART MANITOBA OR ANY PERSON FOR WHOM ECHART MANITOBA IS RESPONSIBLE EVEN IF ECHART MANITOBA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSS OR DAMAGE BEING INCURRED. FURTHER, ECHART MANITOBA IS NOT LIABLE FOR ANY ACTION OR DECISION MADE BY YOU IN RELIANCE ON THIS SITE OR THE INFORMATION CONTAINED HEREIN, OR ANY UNAUTHORIZED USE OR REPRODUCTION OF THIS SITE OF THE INFORMATION HEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
- Indemnification – As a User, you shall indemnify and save harmless eChart Manitoba and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses, including legal fees, arising directly or indirectly from: (a) your breach of any of these Conditions of Use or any additional terms; (b) your access to or use of this Site or any web site to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (d) your violation of any law or regulation to the detriment of eChart Manitoba from use of this Site and/or violation of these Conditions of Use.
4. Privacy and Security
- Privacy – eChart Manitoba is committed to maintaining the confidentiality and privacy of your personal information in accordance with FIPPA and of your personal health information in accordance with PHIA. Any collection of information on this Site is in compliance with FIPPA. For general questions regarding FIPPA, please visit the FIPPA web site at http://www.gov.mb.ca/chc/fippa/index.html. For more information on eChart Manitoba’s obligations under FIPPA, how eChart Manitoba protects your information, and how you can protect the privacy of your personal information, please contact:
- Shared Health Inc.
4th Floor, 650 Main Street
Winnipeg, MB, R3B 1E2
Attn: Chief Privacy Officer
- Shared Health Inc.
- Session cookies are used to allow the Site to recognize your computer for the duration of your visit to the Site, and expire when you leave this Site; and
- Google Analytics installs session and persistent cookies on your computer as is described above. The cookies introduced by Google Analytics are unknown to and not accessible by eChart Manitoba.
- Collection of Information – The following is in addition to the Google Analytics service which is described above. When you visit the Site, we collect only information that is necessary for the purpose of the operation and security of the Site, such as the Internet Protocol (IP) address of the computer; the operating system and the type and version of browser used to visit the Site; the dates and times of such visits; the pages visited; and the key words entered into a search engine used to visit the Site. This information is collected so that we know how many people visit our site, the geographical region they are from, and which pages they view on our site. As a general practice, the information is aggregated and maintained in statistical reports and individuals are not identified. However, if an attempt to damage or disrupt the Site is detected, we can take further action and may share the information with the legal authorities, who may use the information to investigate the breach of security and to trace and identify the individual(s). This information is not used for any other purpose. This Site does not ask for nor does it collect any of your personal health information.
- Providing Personal Information to eChart Manitoba – You agree not to send any personal information, including personal health information, to eChart Manitoba.
- Personal Information – Personal Information under FIPPA is any recorded information on an identifiable individual. This can include, but is not limited to, an individual’s name, address, telephone number, age, identifying number, fingerprints, blood type, health care history, education, financial, criminal, or employment history.
- Transmitting Personal Information Via the Internet – Users should note when using this Site that information will be transmitted over a medium which is beyond the control and jurisdiction of eChart Manitoba. Accordingly, eChart Manitoba assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site. As we cannot guarantee the security of electronic systems or e-mail, we request, and you hereby agree, that you will not send personal health information or sensitive personal information or complaints electronically.
- Internet – The Internet is not a secure medium. The authenticity and privacy of communications over the Internet cannot be assured. You should not send any personal or confidential information to anyone over the Internet, and eChart Manitoba cannot assume any responsibility for any harm or damage you may experience or incur by doing so.
- Termination of Access – eChart Manitoba may terminate your access to this Site at any time without notice. If your access has been terminated and you have any questions, please contact eChart Manitoba at the address found above.
- Availability of Site – eChart Manitoba does not warrant that this Site will be available and meet your requirements or that access to this Site will be uninterrupted. Interruptions of availability may occur at any time, without notice, including periods of unavailability required for maintenance or technical reasons.
- Termination of Site – This Site may be terminated at any time by eChart Manitoba without notice.