Terms
of Use
Last
updated: November 26, 2018
Acceptance
It
is important that you read all the following terms and conditions carefully. This
Terms of Use Agreement (“Agreement” or "Terms of Use")
is a legal agreement between you ("User") and Plexia
Electronic Medical Systems Inc. ("Plexia"), the legal owner of
the EMR software incorporated in this website (the "Patient Portal").
These Terms of Use
state the terms and conditions under which you may
access and use the Patient Portal and all written and other materials displayed
or made available therefrom, including, without limitation, articles, text,
photographs, images, illustrations, audio clips, video clips, computer
software, and code (the “Content”).
The User acknowledges that (a) the
purpose of the Patient Portal is to improve the way in which patients and
Medical Providers interact by providing Users and their respective Medical
Providers digital access to the User's health information through the Patient
Portal (the "Purpose"); and (b) that all Personal Information
(defined in the Privacy Policy) is collected by
Plexia and the User's Medical Provider (defined herein) for the Purpose.
By
accessing and using the Patient Portal, you are indicating your acceptance to
be bound by the terms and conditions of this Agreement. If you do not accept
these terms and conditions, you must not access or use the Patient Portal. By
using this Patient Portal, you represent and warrant that you are the legal age
of majority under applicable law to form a binding contract with Plexia and
meet all of the foregoing eligibility requirements. If you do not meet all of
these requirements, you must not access or use the Patient Portal.
Interpretation
The "Website" means
the website the User accesses to log into the Patient Portal. For certainty,
all reference to the Patient Portal shall include, by definition, the Website,
and all reference to the Website, shall include, by definition, the Patient Portal.
Modifications to the
Terms and Conditions and to the Website
Plexia reserves the right in its sole
discretion to revise and update these Terms of Use at any time. Any and all
such modifications are effective immediately upon posting and apply to all
access and continued use of the Patient Portal. You agree to periodically
review the terms and conditions herein in order to be aware of any such
modifications and your continued use shall be your acceptance of same.
Your Use of the Patient Portal and Account Set-Up and Security
Users are responsible for obtaining
their own access to the Patient Portal and for this website's availability and
performance. Users are required to ensure that all persons who access the Patient
Portal through a User's internet connection are aware of these terms and
conditions and comply with them. Users are responsible for any security
breaches or performance issues relating to accessing the Patient Portal.
You are prohibited
from attempting to circumvent and from violating the security of this Patient
Portal including without limitation: (a) accessing content and data that is not
intended for you; (b) attempting to breach or breaching the security and/or
authentication measures which are not authorized; (c) restrict, disrupt or
disable service to users, hosts, servers or networks; (d) illicitly reproducing
TCP/IP packet header; (e) disrupting network services and otherwise disrupting Patient
Portal owner's ability to monitor the Website; (f) use any robot, spider, or
other automatic device, process, or means to access the Patient Portal for any
purpose, including monitoring or copying any of the material on the Website;
(g) introduce any viruses, Trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful; (h) attack the Patient Portal via
a denial-of-service attack, distributed denial-of-service attack, flooding,
mail-bombing or crashing; and (i) otherwise attempt to interfere with the
proper working of the Website.
Medical Emergency
Do NOT
use the Patient Portal for medical emergencies. If you have a medical
emergency, call a Medical Provider or qualified healthcare provider, or CALL
911 immediately. Under no circumstances should you attempt self-treatment
based on anything you have seen or read on the Patient Portal.
This
Patient Portal is intended to assist and enhance your interaction with your Medical
Provider. This Patient Portal does not replace face-to-face interaction with
your care provider(s) and/or Medical Provider. If you suspect any errors
or if you have any questions, please contact your care provider and/or Medical
Provider directly. Any general information
provided on the Patient Portal is for informational purposes only and is not
professional medical advice, diagnosis, treatment, or care, nor is it intended
to be a substitute therefore. Always seek the advice of your Medical Provider or
other qualified health provider properly licensed to practise medicine or
general healthcare in your jurisdiction concerning any questions you may have
regarding any information obtained from this Patient Portal and any medical
condition 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 this Website. Always consult with your Medical Provider or other
qualified healthcare provider before embarking on a new treatment, diet, or
fitness program. Information obtained on the Patient Portal is not exhaustive
and does not cover all diseases, ailments, physical conditions, or their
treatment.
"Medical
Provider" means the healthcare provider of the User, including all
personnel of such healthcare provider, where such healthcare provider utilizes
Plexia's EMR services for the Purpose.
Your
use of this Patient Portal and the presentation of information provided,
irrespective of whether such information is provided by a Medical Provider,
does not establish a physician-patient relationship between you and Plexia, and
is not intended as a solicitation of individuals to become patients of any
particular clinic, physician, or to become a client of Plexia.
No Endorsements
Unless specifically
stated, Plexia does not recommend or endorse any specific brand of products,
services, procedures, or other information that appears or that may be
advertised on the Website.
Communications and Access Credentials
Communications
sent between you and your Medical Provider via email or this Patient Portal may
not be secure and may be accessible by third parties. Any use or disclosure of
personal information provided by you shall be in accordance with our privacy
policy at the following link: Privacy
Policy ("Privacy Policy")
To use certain features of the Patient
Portal, you will be asked to create an account. When you register with the Patient
Portal, you agree (i) to provide true, accurate, current, and complete information
about yourself as prompted by any registration form; and (ii) to maintain and
promptly update the information to ensure it remains true, accurate, current,
and complete. If your Medical Provider or Plexia have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Plexia has the right to suspend or terminate your access to all or part of the Patient
Portal. Plexia's use of any personally identifying information you provide as
part of the registration process is governed by the terms of our Privacy
Policy.
Plexia may issue to
you a username (“Username”) and a password (“Password”) to permit
you to access the patient portal portion of the Patient Portal. Any Username,
Password, or any other access credential (collectively, the "Access
Credentials") provided to you as part of Plexia's security procedures,
must be treated as confidential, and you must not disclose such Access
Credentials to any other person or entity. You must exercise caution when
accessing your account from a public or shared computer so that others are not
able to view or record your Access Credentials. You understand and agree that
should you be provided an account, your account is personal to you and you
agree not to provide any other person or entity with access to this Patient
Portal or portions of it using your Access Credentials. You agree to notify
Plexia immediately of any unauthorized access to or use of your Access
Credentials or any other breach of security. You also agree to ensure that you
logout from your account at the end of each session. You are responsible for
any Access Credential misuse or any unauthorized access to this Patient Portal or
any portion thereof.
Plexia reserves the right at any time
to disable or terminate your account and any Access Credential, whether chosen
by you or provided by Plexia, in Plexia's sole discretion for any or no reason,
including any violation of any provision of these terms and conditions.
Email
Plexia
does not wish to use this Patient Portal as a means of communication with the
public (i) regarding questions or issues of a medical nature; (ii) to establish
physician-patient relationships; (iii) to book or cancel appointments; or (iv)
for inquiries regarding fees, services, or similar matters. Email
communications regarding such matters will not be responded to and will be discarded
unread. If you are not an existing patient and you wish to contact a Medical
Provider regarding medical questions or issues or with regard to appointments,
accounts, or other questions, please do so by telephone, fax, or regular mail
in the manner set out in the Patient Portal.
Disclaimer
of Warranties
YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY SERVICES OR ITEMS
FOUND OR ATTAINED THROUGH THE PATIENT PORTAL IS AT YOUR OWN RISK, THE WEBSITE,
ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PATIENT
PORTAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEITHER PLEXIA, NOR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, (A) THE REPRESENTATION,
WARRANTY OR COVENANT THAT THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH
THE PATIENT PORTAL OR ANY ITEM(S) MADE AVAILABLE ON OR THROUGH THE PATIENT
PORTAL WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE; (B)
THE REPRESENTATION, WARRANTY OR COVENANT THAT THE PATIENT PORTAL OR THE CONTENT
WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY OR SUITABLE FOR ANY
PARTICULAR PURPOSE; (C) THE REPRESENTATION, WARRANTY OR COVENANT THAT THE
OPERATION OF THE PATIENT PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE; (D) THE
REPRESENTATION, WARRANTY OR COVENANT THAT DEFECTS OR ERRORS IN THE PATIENT
PORTAL OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (E)
THE REPRESENTATION, WARRANTY OR COVENANT THAT THE PATIENT PORTAL WILL BE FREE
FROM VIRUSES OR HARMFUL COMPONENTS; AND (F) THE REPRESENTATION, WARRANTY OR
COVENANT THAT COMMUNICATIONS TO OR FROM THE PATIENT PORTAL WILL BE SECURE
AND/OR NOT INTERCEPTED.
WITHOUT LIMITING THE FOREGOING, PLEXIA
DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM
THE INTERNET OR THE PATIENT PORTAL WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE
CODE. YOU ARE SOLELY ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PATIENT PORTAL AND
YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY
LAW, PLEXIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING,
FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS,
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR
USE OF THE PATIENT PORTAL OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH
THE PATIENT PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON
ANY PATIENT PORTAL LINKED TO IT.
Limitation
of Liability
IN NO EVENT SHALL
PLEXIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ITS
RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE,
NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOSS OR
DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, MEDICAL INJURY, PERSONAL
INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER
TREATMENT, BREACH OF PRIVACY, LOSS OF DATA, OR ANY OTHER LOSS INCURRED IN
CONNECTION WITH YOUR USE, MISUSE, OR RELIANCE UPON THE PATIENT PORTAL OR THE
CONTENT, OR YOUR INABILITY TO USE THE WEBSITE, ANY LINKED WEBSITES OR SUCH
OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, OR INFORMATION
THEREON, REGARDLESS OF IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW
OF THE POSSIBILITY OF SUCH DAMAGES. PLEXIA ALSO EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USER OF THE
WEBSITE, OR ANY ADVERTISER OR SPONSOR OF THE PATIENT PORTAL (“THIRD-PARTY”).
UNDER NO
CIRCUMSTANCES SHALL PLEXIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS,AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING
DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR
EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS, OR
CONDUCT OF ANY THIRD-PARTY INCLUDING WITHOUT LIMITATION THE MEDICAL PROVIDERS;
AND (II) ANY ACCESS, USE, RELIANCE UPON, OR INABILITY TO USE ANY MATERIALS,
CONTENT, GOODS, OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY PATIENT
PORTAL LINKED TO OR FROM THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER
ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PLEXIA
KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
To the maximum extent
permitted by applicable law, you agree to indemnify, defend, and hold harmless Plexia,
its 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; (ii) your
access to, use, misuse, reliance upon, or inability to access or use the
Website, the Content, or any Patient Portal to which the Patient Portal is or
may be linked to from time to time or; (iii) your use of, reliance on,
publication, communication, distribution, uploading, or downloading of anything
(including the Content) on or from the Patient Portal.
Use of the Website/Patient Portal
Plexia authorizes you
to access and use the Patient Portal for your personal, non-commercial use in
Canada in accordance with the terms and conditions of this Agreement. You
acknowledge and agree that the Website, and its contents, are intended only for
residents of Canada.
Copyright
The Content is
protected by copyright law and is owned by Plexia, its licensors, or the party
accredited as the provider of the Content. Except as granted in the limited
licence herein, any use of the Content, including modification, transmission,
presentation, distribution, republication, or other exploitation of the Patient
Portal or of its Content, whether in whole or in part, is prohibited without
the express prior written consent of Plexia.
Limited Licence
Subject to the terms
and conditions of this Agreement, you are hereby granted a limited, non-
transferable, and non-exclusive licence to access, view, and use the Patient
Portal and the Content for your personal, non-commercial use. You may not copy and/or repost items comprising the
Content online. You must also abide by any additional requirements governing
the use of any specific Content that may be set out in the Website. In the
event of a conflict between the terms of a licence governing specific Content
and this Agreement, the terms of the specific licence shall govern.
Trademarks
PLEXIA is trademark
owned by Plexia. Other names, words, titles, phrases, logos, designs, graphics,
icons, and trademarks displayed on the Patient Portal may constitute registered
or unregistered trademarks of Plexia or third parties. While certain trademarks
of third parties may be used by Plexia under licence, the display of
third-party trademarks on the Patient Portal should not be taken to imply any
relationship or licence between Plexia and the owner of the trademark or to
imply that Plexia endorses the wares, services, or business of the owner of the
said trademark.
Third
Party Websites
For
your convenience, this Patient Portal may provide links or pointers to third
party sites. Where such links are provided, we make no representations about
any other websites that may be accessed from this Website. If you choose to
access such sites, you do so at your own risk. We have no control over the
contents of any such third-party sites, and accept no responsibility for such
sites or for any loss or damage that may arise from your use of them. You are
subject to any terms and conditions of such third-party sites.
We provide this Patient Portal for use
only by persons located in British Columbia and the Yukon Territories
(collectively, the "Territory"). This Patient Portal is not
intended for use in any jurisdiction where it is not permitted. If you access
the Patient Portal from outside of British Columbia or the Yukon Territories,
you do so at your own risk and you are responsible for compliance with local
laws of your jurisdiction.
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.
Submissions
The Patient Portal may provide features which allow you to post messages and
content to designated areas on the Website, to participate in chat groups, to
interact with Plexia and other users and to upload files, documents, or other
materials (“Submission(s)”). Submissions do not include communications
between you and your Medical Provider pursuant to the physician-patient
relationship. Plexia does not control the content of any Submissions and has no
obligation to monitor the Submissions. However, Plexia 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 post, or
refuse to remove any Submission, in whole or in part, that, in Plexia's sole
discretion, are objectionable or in violation of this Agreement. You
acknowledge that you alone are responsible for the content of your Submissions
and the consequences thereof. Submissions are considered non-urgent and may or
may not be reviewed by Plexia and their employees. Do NOT use the Patient
Portal for medical emergencies. If you have a medical emergency, call a Medical
Provider or qualified healthcare provider, or CALL 911 immediately.
Rules of Conduct Regarding Submissions
When
using any of the features of the Patient Portal which allow you to post,
upload, or make Submissions, it is a condition of your use of the Patient
Portal that you do not:
a)......Restrict
or inhibit any other user from using and enjoying the Website, interfere or
attempt to interfere with the proper workings of the Website, or do anything,
which in the sole discretion of Plexia imposes an unreasonable or
disproportionately large load on the Patient Portal infrastructure;
b)......Post or
transmit any unlawful, abusive, defamatory, or obscene information of any kind,
including, without limitation, any submission constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil liability
or otherwise violate any local, state, provincial, territorial, national, or
international law or regulation;
c)......Post or
transmit any Submission, 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 Plexia or rights holder;
d)......Post or
transmit any Submission which contains a virus or other harmful component;
e)......Post or
transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and
f).......Use
or “mine” the Patient Portal for commercial purposes, including, without
limitation, posting, uploading, or transmitting any Submission which contains
advertising, which engages in commercial activities, solicitations or sales, or
which involves contests, sweepstakes, advertising, and pyramid schemes.
Grant of licence regarding Submissions
By posting or
uploading Submissions to the Website, you grant Plexia a royalty-free,
perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i)
use, reproduce, store, adapt, translate, modify, make derivative works from,
transmit, distribute, publicly perform, or display such Submissions for any
purpose; and (ii) to sublicense to third parties the unrestricted right to
exercise any of the foregoing rights. In addition to the grant of the above
licence, you hereby (i) waive all moral rights in your Submission in favour of Plexia
(ii) consent to your name, address, and e-mail appearing as the contributor of
your submission, where applicable, and to the disclosure and display of such
information and any other information which appears in or is associated with
your Submission; (iii) acknowledge and agree that Plexia is not responsible for
any loss, damage, or corruption that may occur to your Submission; and (iv)
acknowledge and agree that your Submission will be non-confidential to the
extent permitted by law.
Software Licence and Ownership
All software embedded
in or located on or at the Website, including, without limitation, all computer
code of all types, including all files and/or images contained in or generated
by such software (“Software”) is protected by copyright and may be
protected by other rights. All such Software is owned by Plexia, its licensors,
or the party accredited with ownership of such Software. You are hereby granted
the right to access and use the Software embedded and integrated into the
Website, subject to (i) the terms and conditions of this Agreement; and (ii)
any additional conditions which may be imposed on your access and use of such
Software.
If the Patient Portal
provides Software for download, unless otherwise provided, you are hereby
granted, subject to the terms of this Agreement and to any other specific terms
and conditions that may apply to your downloading and use of such Software, a
personal, non-transferable, non-exclusive licence to (i) install and run one
copy of the Software in object code format on a non-networked computer for your
personal, non-commercial use; and (ii) to reproduce the Software only as
reasonably required to install, run, and make reasonable backup copies as
allowed by law.
You may not (i) use,
reproduce, modify, adapt, translate, upload, download, or transmit the Software
in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise
provide access to the Software; (iii) alter, remove, or cover any trademarks or
proprietary notices included in the Software; and/or (iv) decompile,
disassemble, decrypt, extract, or reverse engineer the Software or assist
others in doing so.
Other than the
limited licence granted herein, nothing contained in the Patient Portal shall
be construed as granting you any right, title, interest, or other licence in or
to any Software embedded or integrated into the Patient Portal or made
available for download from the Website, including, but not limited, to any
intellectual property rights in the Software.
All Software embedded
or integrated into the Patient Portal is provided “as is,” without warranties
of any kind, either expressed or implied, including, without limitation, any
warranty (i) that the Software is of merchantable quality and/or is fit for any
particular purpose; (ii) that the Software will conform with any
specification(s) relating to the Software; (iii) that the Software will be free
from material defects; (iv) that the Software contains no computer viruses or
other contaminants; or (v) that the Software shall process date and
time-related data without causing any processing interruptions, abnormal
termination, or process or manipulate any time-related data.
Tools
Any tools or
calculators provided on the Patient Portal are provided for general and
illustrative purposes only. Such tools and/or calculators are not medical
advice nor are they intended to be a substitute therefor. You should not act or
abstain from acting based on any information provided by any such tool or
calculator available on this Website.
Security
Any information sent
or received over the Internet is generally not secure. Plexia cannot guarantee
the security or confidentiality of any communication to or from the Website.
Use Prohibited Where Contrary to Law
Use of this Patient
Portal is unauthorized in any jurisdiction where the Patient Portal or any of
the Content may violate any laws or regulations. You agree not to access or use
the Patient 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 Patient Portal is
operated by Plexia from its offices within the province of British Columbia, Canada.
You agree that all matters relating to your access or use of the Patient Portal
and its Content shall be governed by the laws of the province of British
Columbia as the case may be, and the laws of Canada applicable therein, without
regard to conflict of laws principles. You agree and hereby submit to the
exclusive and preferential jurisdiction of the courts of the province of British
Columbia with respect to all matters relating to your access and use of the Patient
Portal and the Content as well as any dispute that may arise therefrom and that
the applicable law shall be the law of the province of British Columbia and of
Canada.
Waiver
Any consent by Plexia
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 this Agreement.
Termination
Plexia may, in its
sole discretion, cancel or terminate your right to use the Website, or any part
of the Website, at any time without notice. In the event of termination, you
are no longer authorized to access the Website, or the part of the Patient
Portal affected by such cancellation or termination. The restrictions imposed
on you with respect to material downloaded from the Patient Portal and the
disclaimers and limitations of liabilities set forth in this Agreement, shall
survive termination of this Agreement. Plexia shall not be liable to any party
for such termination.
Entire Agreement
These Terms of Use and the Privacy
Policy between you and Plexia constitute the entire agreement relating to your
access and use of the Patient Portal.
Notice
Questions
or comments regarding the Patient Portal should be directed by email to:
Wesley Wong
privacyofficer@plexia.ca
110-8678 Greenall Avenue
Burnaby, BC, V5J 3M6