Definitions

The term Personal Health Record or PHR in short is collectively used to represent the PHR solutions owned and operated by Bright Health Solutions Society, herein referred to as Bright Health, a not-for-profit organization based in British Columbia, Canada. The PHR offerings include such applications as myhealthkey and any other future applications or enhancements to the existing line-up.

General Terms

If you have an emergency, or need to speak to someone urgently, please dial 911 or go to the nearest hospital. For advice about test results or your medical conditions or any information presented in the PHR, please contact your physician.

Please read these Terms of Use carefully. They are a legal agreement between you and Bright Health. By using the PHR, or by clicking the acceptance button, you agree to be bound by these Terms of Use, including Consent to share your personal and health information with the healthcare service providers of your choosing and all amendments made from time to time. If you do not agree to these Terms of Use, do not use the PHR. If you have any questions about these Terms, please reach out to Bright Health.

No Medical Advice

Depending on your account, The PHR will provide you all or some of the following features relating to your health: conditions as identified by your health care providers, messages to and from your health care providers, online scheduling with your health care providers, laboratory results ordered by your health care providers, documents shared by your health care providers, your own entered health goals, information collected by your devices and other information. The PHR is not intended to provide you with medical or other advice.

Your physician or other health care provider has specialized medical training that allows him or her to understand the implications of the test results. If you do not discuss your test results with your physician, it is possible that you might misunderstand the implications of the test results. For advice about your laboratory results your medical conditions or any information presented in the PHR, ask your physician.

Any health and health-related information presented in the PHR should not be used as a substitute for a visit with your physician or other health care provider. Any such information that you obtain from this web site might be inappropriate for your situation and may be misinterpreted. Bright Health assumes no responsibility for how you use the information you obtain from this site.

Neither the PHR nor any other application available through this web site is a substitute for appropriate and timely contact with your physician. Never change or stop any course of treatment without first consulting your physician.

Again, if you have an emergency, or need to speak to someone urgently, please dial 911 or go to the nearest hospital or contact your physician.

Not a “Health Information Custodian"

The PHR is not a "health information custodian" as defined either by the Personal Information Protection Act, British Columbia or the Ontario Personal Health Information Protection Act. You are the custodian of your health information in the PHR.

Consent for Personal and Health Information and Other Content

You consent to the collection and storage in the PHR, your personal information, laboratory information and other health information from your health care providers and provincial systems on your behalf.

Bright Health does not create and has no responsibility for the health information, laboratory test results and other content that may be available through the PHR. While every effort has been made to maintain the validity, accuracy, completeness, integrity, quality and timeliness of any laboratory test results or other content available through the PHR, you agree that Bright Health is not liable in any way for the validity, accuracy, completeness, integrity, quality and timeliness of any laboratory test results or other content available through the PHR. Bright Health is not liable for your use or non-use of, and your reliance or non-reliance on, any of the information present in the PHR. Use of the content in the PHR is at your own risk.

You understand and agree that individual care providers may make decisions about your treatment based on information you provide through electronic communications and that this information will form part of your health record.

Electronic communications are subject to the same disclosure conditions as office records, including the duty to report as applicable to issues such as child maltreatment.

Registration Information, Usernames and Passwords

The PHR will prompt you for a series of questions that must be answered as part of the registration process in order for you to be granted access to the PHR

Your username and password used to access the PHR are private and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on the PHR by users using your ID or password, including but not limited to use of your password by any third party. Bright Health will not be responsible for any unauthorized use of your username or password or any charges incurred through unauthorized use.

Use of PHR

You may use the PHR for your personal, non-commercial purposes. You may not use the PHR for any other purpose. You are not permitted to make any resale, commercial or derivative use of the PHR, or use any data mining, robots, or similar data gathering and extraction methods.

You agree to use respectful and appropriate language at all times when using the PHR.

Security

You agree to use strong passwords, use a secure Wi-Fi connection, configure your computer or device to lock on idle, use file system encryption, and other measures as available.

You agree to protect your computer against malware and viruses: Information may be vulnerable if stored on a computer or device that has been compromised.

Employers and online services may have a legal right to inspect and keep electronic communications that pass through their systems. Do not use a work device to communicate about your health.

Accuracy of Account Information

It is your responsibility to ensure that your account information (e.g., your email address) remains accurate.

Phone and Video Appointments

When you attend a phone or video appointment, you agree to:

Treat the appointment like an in-office visit. The full appointment time may be needed to obtain a complete history and set out a treatment plan.

Be available at your scheduled time. For phone consults you will wait for a call from your healthcare provider and attempt to secure a strong phone connection. For video visits, you will login to the video link provided at least 5 minutes before your appointment.

Be in a private setting for your phone or video appointment to minimize the risk of others overhearing your conversation about your confidential health information. You will inform your provider if there are other people present during your appointment.

You agree to verify your identity when requested.

Minimize distractions during your appointment and conduct the appointment while it is safe to do so. You will not be distracted by driving, work or other activities that may interfere with a proper medical assessment and consultation.

Arrange an in-office visit if a full assessment cannot be completed remotely. You understand that certain vital information may be missed over phone or video and a physical exam may be required to complete the assessment. Your provider works hard to stay on time but may occasionally run behind and call you later than scheduled. If they are unable to reach you during your scheduled time by phone or video, they may ask to reschedule the appointment.

You agree to dress appropriately for video appointments.

Messaging

Urgent communications should not be sent by electronic means. If you have an emergency, please call 9-1-1. If you have an urgent concern, please call your provider’s office.

We cannot guarantee that messages sent using electronic communication will be reviewed within any specific time frame. Your healthcare provider will attempt to review and respond to electronic communication in a timely fashion. It is your responsibility to follow up with your provider if you have not received a response.

Changes to PHR

Bright Health may alter, suspend, or discontinue any aspect of the PHR at any time, including the availability of any PHR feature or content. Bright Health may also impose limits on certain features and aspects of the PHR or restrict your access to parts of or all of the PHR without notice or liability. Bright Health may discontinue or change the PHR or its availability to you at any time with or without notice.

Withdrawal of Services Including Termination of Access to the PHR

Individual care providers may stop using electronic communication tools at any time. Bright Health does not guarantee that providers will provide you notice of such an event.

Bright Health may, in its sole discretion, terminate or suspend your access to all or any part of the PHR at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the use or access to the PHR by others, may be grounds for termination of your access to all or part of the PHR at the sole discretion of Bright Health.

Termination of the PHR includes deletion of your personal details, password and all related registration, health information and files associated with or inside your account or user profile. We may retail only your username and the IP address of the system in case the deletion of your account was initiated by you. This data is only held for possible troubleshooting and in accordance with the Privacy Policy.

Ownership of the PHR

Bright Health is and will remain the sole and exclusive owner of all right, title and interest, including copyright and all other intellectual property rights, in and to the PHR, all of the technology used by Bright Health to provide PHR, any software provided directly or indirectly by Bright Health for your access to or use of the PHR, and all information posted by Bright Health within the PHR, as well as all enhancements, modifications or additions thereto. You will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use them as contemplated and permitted by the PHR and in accordance with these Terms of Use. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing.

If and to the extent that, for your access to or use of the PHR, you have downloaded any software from Bright Health or have otherwise received any such software (such as, by way of example, from your physician or another caregiver), then Bright Health grants to you a personal, non-transferable and non-exclusive right and license to use the object code of such software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the PHR. You agree not to access the PHR by any means other than through the interface that is provided by Bright Health for use in accessing the PHR.

Trademark Notice

MOIS EMR, MOIS Cloud EMR, myhealthkey, brighthealth.ca and all other products and services offered by Bright Health are the trademarks and service marks of Bright Health. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on this web site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this web site without the express written permission of Bright Health or the third party that may own the trademark, service mark, or logo.

“As Is” Basis

The PHR is provided on an as is basis without representations, warranties or conditions of any kind, either express or implied or statutory. You expressly agree that all use of the PHR is at your sole risk. You agree that Bright Health assumes no liability if the PHR is unavailable at any time, or for the reliability, validity, accuracy, completeness, integrity, quality or timeliness of, or any failure to deliver or store, the PHR or any laboratory test results or other content. Bright Health does not represent or warrant the reliability, validity, accuracy, completeness, integrity, quality or timeliness of any laboratory test results or other content. You acknowledge that any use, non-use or reliance upon any such laboratory test results or other content will be at your sole risk.

Warranty Disclaimer

To the extent permitted by law, Bright Health disclaims all representations, warranties, or conditions regarding the PHR, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non-infringement. Bright Health does not represent or warrant that the PHR or any laboratory test results or other content is or will be accurate, complete, reliable or current, or that the PHR will operate error free or uninterrupted or that the PHR is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You acknowledge that Bright Health is not responsible for any interruption or suspension of the PHR, regardless of the cause of the interruption or suspension.

Limitation of Liability

To the extent permitted by law, in no event will Bright Health or its partners or the suppliers of laboratory test results or other content, or its or their affiliates, licenses, or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including without limitation any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings or loss of data, for any cause of action whatsoever, and whether in contract, tort (including negligence) or any other legal or equitable theory arising out of or in any way connected with use of the PHR. Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you.

Every exemption from liability, limitation and conditioned contained in these Terms of Use for the benefit of Bright Health and every defence and immunity of whatsoever nature applicable to Bright Health or to which Bright Health is entitled under these Terms of Use will also be available and will extend to protect each of its partners, each of its suppliers of any laboratory test results or other content, every affiliate, licensee, partner or supplier of Bright Health of any of them, and every director, officer, employee, agent or representative of any of them, each of whom is an intended third party beneficiary of such provisions.

Indemnity

You agree to defend, indemnify and hold harmless Bright Health, its Partners, the suppliers of any laboratory test results or other content, and its and their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of the PHR, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You will cooperate as fully as reasonably required in the defence of any claim. Bright Health reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you will remain liable for any such claim and for the costs of defence.

Privacy and Confidentiality

Your privacy is of the utmost importance to Bright Health. Please review the Bright Health Privacy Policy for a full description of how we receive, transmit and protect your personal information. It is available under the relevant section on https://myhealthkey.ca

Links or Pointers to Other Sites

Bright Health makes no representations whatsoever about any other web site that you may access through this site or any entity that may post its advertisements on this site. When you access a non- Bright Health site, please understand that it is independent from Bright Health and that Bright Health has no control over the content on that site. In addition, a hyperlink to a non- Bright Health site does not mean that Bright Health endorses or accepts any responsibility for the content or the use of the linked site. Bright Health does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

Hyperlinks to this Site

Persons constructing other web sites may link to the home page on this site, but may not link to any other page on this site. You may not copy any of the materials from this site onto your own web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don't link at all. Any other use will be a violation of copyright and could subject you to legal action.

Changes to these Terms of Use

Bright Health may modify these Terms of Use from time to time. If you do not agree to any modifications, you should stop your use of the PHR. Your continued use of the PHR now, or following the posting of notice of any changes in these Terms of Use, will constitute a binding acceptance by you of these Terms of Use, and any subsequent modifications. You can review the most current version of these Terms of Use at any time in the terms/ terms of use pages on https://myhealthkey.ca

Governing Law and Disputes

These Terms of Use are governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

All disputes arising out of or in connection with the PHR or these Terms of Use, or in respect of any defined legal relationship associated therewith or derived there from, will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Subject to mandatory arbitration so provided, you and Bright Health irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to the PHR or these Terms of Use.

Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Bright Health and govern your use of the PHR, superseding any prior agreements between you and Bright Health with respect to the PHR. You may also be subject to additional terms and conditions that apply when you use certain elements of the PHR.

Notices

Bright Health may provide you with notices, including those regarding changes to these Terms of Use, by postings on the PHR, or by email.

Waiver

The failure of Bright Health to exercise and enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You do not have the right to assign any of your rights to use the PHR or your interest in these Terms of Use to anyone, and any rights you may have to your PHR username, password and user profile stored on the systems of Bright Health terminate upon your death or inactivity for an extended period following subsequent email reminders to continue using your PHR account. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Bright Health has the right to assign any or all of its rights and duties under these Terms of Use to any third party. At the election of Bright Health, if Bright Health’s obligations hereunder are assumed by a third party, Bright Health will be relieved of any and all future liability under these Terms of Use.

Contractual Limitation Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PHR or these Terms of Use must be commenced within one year after such claim or cause of action arose.

Severability of Terms

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.