TERMS AND CONDITIONS OF USE


1. Acceptance

It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement ("Agreement") is a legal agreement between you and the Children's Hospital of Eastern Ontario ("CHEO"), which is owner and operator of the MyChart website ("The Portal"). It states the terms and conditions under which you may access and use the Portal and all written and other materials displayed or made available through The Portal, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and links to third party sites ("Content"). By accessing and using The Portal, you are indicating your acceptance to be bound by the terms and conditions of the Agreement. If you do not accept these terms and conditions, you must not access or use The Portal. CHEO may revise this Agreement at any time without notice. Use of The Portal after such changes are posted will signify your acceptance of these revised terms.

2. Program Description

CHEO manages The Portal, an internet-based portal designed to give selected patients or another person chosen by the patient (a "proxy") the opportunity (a) to initiate the creation of a personal health record containing information such as personal and family health history, medications, allergies, and other relevant personal health information, in order to gain greater access to their personal health information and thereby participate more fully in their own care; (b) to interact with authorized healthcare providers regarding their personal care, and (c) to seek general information pertinent to their medical condition. The Portal does not provide access to a complete record of your personal health information. In the event you wish to obtain a copy of your complete record, please contact CHEO's Health Records Department.

3. Registering for MyChart

If you consent to participate in The Portal, you will be provided with access to a personal account ("Account") containing certain personal health information related to your care at CHEO. You will receive information on how to use The Portal securely, and in accordance with CHEO's information management policies and procedures including those pertaining to the collection, use and disclosure of personal health information. Features and functions of The Portal and CHEO's policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use The Portal in accordance with these policies and procedures. Your account will be password protected and only you will have access to The Portal using that account. Your Account consists of an online user name ("User Name") and a password ("Password"). To receive an Account, you agree (i) to provide, true, accurate, current and complete information about yourself as prompted by a MyChart Access Request Form; and (ii) to maintain and promptly update your personal information to ensure it remains true, accurate, current and complete. If CHEO has reasonable grounds to suspect that such information about yourself is untrue, inaccurate, not current or incomplete, CHEO has the right to suspend or terminate your Account and your access to all or part of The Portal. The use of any personally identifying information you provide as part of the registration process is governed by the terms of CHEO's Privacy Policy (available at http://www.cheo.on.ca/en/PrivacyandConfidentiality). You are responsible for maintaining the confidentiality of the password you use in association with your Account and are responsible for all activities that occur under your User Name and Password. You agree to notify CHEO immediately of any unauthorized use of your User name and/or Password or any other breach of security, and to ensure that you exit from your account at the end of each session. CHEO will not be liable for any loss or damage arising from your failure to protect your user name or password from loss or inappropriate use.

4. Purpose

My Chart is provided by CHEO, in its discretion, as a convenience for patients. It is not core to the provision of patient care by CHEO and does not provide access to a complete record of your personal health information. As a result:
- Participation is voluntary
Deciding not to participate in The Portal will not affect the care that you or any person receives from CHEO. You may discontinue your participation in The Portal at any time by completing a MyChart Deactivation Request Form. Should you discontinue your participation in The Portal, or if your access to The Portal is discontinued or terminated for any reason, your username and password will be deactivated. Where a patient decides to discontinue participation in The Portal, all persons previously authorized to view that patient's MyChart record will be notified that their access has been discontinued at the patient's request.
- Provision of MyChart by CHEO is voluntary
CHEO reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, The Portal (or any part or function thereof) with or without notice to you. CHEO shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the portal or any part thereof. In the event of any termination, you are no longer authorized to access The Portal, or the part of The Portal affected by such termination. The restrictions imposed on you with respect to material downloaded from The Portal and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the Portal or this Agreement. Further, The Portal and the Content are provided "AS IS" - in other words, CHEO makes no representation, warranties or covenants, express or implied, regarding the Portal, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through The Portal will be of merchantable quality, fit for a particular purpose, uninterrupted or virus-fee or error-free, or that the content will be accurate, complete, current, reliable, or timely; or (ii) that communications to or from The Portal will be secure and/or not intercepted; note that any information sent or received over the Internet is generally not secure. The Portal may transmit your personal health information over the public internet. Information transmitted over the internet may be subject to inadvertent loss or theft. The owner cannot guarantee the security of any information transmitted to or from the portal. By using The Portal, you agree that your access and use of the Portal and the Content is entirely at your own risk and liability.

5. Medical Advice

Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Portal and any medical conditions you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on the Portal which is not directed at your personal care by a properly qualified and licensed health care provider. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the Portal are provided for general and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such tools, calculators or quizzes.

6. Limitations

- Do not use The Portal to communicate or treat medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on The Portal.
- The Portal does not create physician-patient relationships. The presentation of information on The Portal does not establish a physician-patient relationships between you and CHEO or any one of its participating partners (or any of its physicians or other qualified health care providers,) and is not intended as a solicitation of individuals to become patients or clients of CHEO or any one of its participating partners (or any of its physicians or other qualified health care providers).
- The Portal may not include all historical health information at the time of activation.
- The Portal does not endorse nor have any responsibility for content or providers of third party links. The Portal may contain third party content and links. Neither CHEO nor its physicians, employees or other representatives and or any one of its participating partners have any responsibility or liability for or (unless clearly stated on the Portal) recommend or endorse any information or brand of products or services that may be available on the Portal through such content or links. In addition, CHEO prohibits any link to the Portal at any time made without the consent of CHEO and may remove a link without notice. Upon the request of CHEO you agree to remove any link to the Portal you may have acquired or stored.

7. Privacy

Patient personal information and personal health information contained on The Portal will be password protected and only authorized personnel of CHEO, the patient, and persons designated by the patient will have access to the patient's personal health information. All personal health information collected on The Portal will be held in the strictest confidence by CHEO with CHEO's information handling policies and procedures and in compliance with CHEO's role as a health information custodian as defined by the Personal Health Information Protection Act ("PHIPA"). For more information about how CHEO protects your privacy visit http://www.cheo.on.ca/en/PrivacyandConfidentiality or contact CHEO's Privacy Officer at privacy@cheo.on.ca
You should note that records of personal health information under the custody and control of CHEO made available through The Portal is incomplete and may be further restricted in accordance with CHEO's policies and procedures, including but not limited to information resulting from or related to care provision of a sensitive nature. Patients requiring access to their personal health information may contact CHEO's Health Records Department.
It is a responsibility of each MyChart user to:
- Ensure when setting up your MyChart account that you have provided the correct information (i.e email address, first/last name etc)
- Ensure a strong password is used when creating your MyChart logon (i.e upper/lower case, numeric and symbols with a length of at least 8 characters)
- Protecting physical access to the device that would access MyChart with a strong password (i.e upper/lower case, numeric and symbols with a length of at least 8 characters)
- Keeping the logon account information to MyChart private and secure
- Protecting your computer with up to date Antimalware and Antispyware protection
- Ensuring computers or mobile devices are up to date with the latest patches from their respective operating system (i.e Windows, Mac OS, etc)
- Ensuring internet browsers are kept up to date with the latest patches (i.e. Google Chrome, Internet Explorer, Firefox, etc)
- Do not logon to MyChart from shared or public computers where the security of the device cannot be verified
- Utilizing personal firewalls and or password protected screen locks on your device(s) with a timeout
- If you have an indication that your mychart account has been compromised it is your responsibility to immediately change your password and contact CHEO

8. Limitation of liability

In no event shall any of CHEO or its participating partners or their physicians, other qualified health care providers, officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, including without limitation any loss or damages in the nature of or relating to medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon The Portal or the Content, or your inability to use The Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if CHEO knew of or ought to have known of the possibility of such damages.

9. Indemnity

MyChart portal participation by a patient is entirely voluntary and provided only as a convenience for such patient. As a result, you agree to indemnify, defend and hold harmless CHEO and its participating partners, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, or (ii) your access to, use, misuse, reliance upon or inability to access or use the Portal or the Content.

10. Copyright and Limited License

The Content is protected by copyright law and is owned by CHEO or the party accredited as the provider of the Content. Except as granted in the limited licenses herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of The Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent of CHEO. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use The Portal and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the Portal, downloads of software) for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online other than within The Portal. You must also abide by any additional requirements governing the use of any special Content that may be set out in The Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

11. Information added to MyChart

- Content of Postings is Not Controlled. The Portal may provide features which allow you to participate in discussion groups, to communicate with CHEO, its agents and other 3rd party users and to otherwise post/upload/communicate information, files, documents, or other materials ("Postings"). CHEO does not control the content of any Posting and has no obligation to monitor any Posting. While CHEO may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, CHEO reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in CHEO's sole discretion, are objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, CHEO will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of Postings to The Portal and the consequences thereof.
- Rules of conduct regarding Postings. The Portal is used by multiple users and we ask each that each user respect the rights of each other user of The Portal. It is a condition of your use of the Portal that you do not:
(i) Restrict or inhibit another user from using and enjoying The Portal, interfere or attempt to interfere with the proper workings of The Portal or do anything which, in the sole discretion of CHEO, imposes an unreasonable or disproportionately large burden on The Portal infrastructure;
(ii) Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
(iii) Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from CHEO or rights holder;
(iv) Post or transmit any information or material which contains a virus or other harmful component;
(v) Post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam";
(vi) "Mine" or otherwise use the Portal for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes; or
(vii) Engage in any other behavior in connection with The Portal which CHEO in its sole discretion determines is objectionable.
- Postings which are not Personal Information/Personal Health Information are Not Confidential. Subject to any applicable law, any Postings made using The Portal or otherwise made to CHEO or any one of its participating partners, excluding those containing your personal information or your personal health information, are made on a non-confidential basis. Neither CHEO nor of its participating partners are under any obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree not to assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to CHEO and its participating partners to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, CHEO or any one of its participating partners shall not use or disclose your personal information and personal health information without your consent.

12. General Legal Terms and Conditions

- Use prohibited where contrary to law. Use of The Portal is unauthorized in any jurisdiction where The Portal or any of the Content may violate any laws or regulations. You agree not to access or use The Portal in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
- Governing law and jurisdiction. The Portal is operated by CHEO from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of The Portal and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of The Portal and the Content as well as any dispute that may arise therefrom.
- Waiver. Any consent by CHEO to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
- Severability. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement.
- Notice. Questions or comments regarding the Portal should be directed to The Portal Administrator at MyChart@cheo.on.ca
- Entire Agreement. This is the entire Agreement between you and CHEO or any one of its participating partners relating to your access and use of the Portal.
- Language. The parties agree that clinical documentation within The Portal be available in the English language only. Official translation can be requested through CHEO translation services at your own expense.

13. Use of Third-Party Services

You may choose to use other services provided by third parties in conjunction with your use of MyChart. Such services may include, but are not limited to, translation services, location services, and other third-party offerings. Any links to such services are provided for your convenience only. Neither Epic nor CHEO have control over the contents of these services, and neither Epic nor CHEO accept any responsibility for them or for any loss or damage that may arise from your use of them. Such services may require you to submit your personal health information to a third party, which may result in a copy of your information being used and/or stored by a third party. If you decide to access any such services in conjunction with your use of MyChart, you do so entirely at your own risk and subject to the terms and conditions of use for such services.