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Conditions of Use

1. General

  1. 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.
  2. Definitions – In these Conditions of Use:
    • “FIPPA” means The Freedom of Information and Protection of Privacy Act (Manitoba);
    • “includes” and “including” means including without limiting the generality of the foregoing;
    • “MBTelehealth” is an operation of Digital Health, and Digital Health is an operation of Shared Health Inc.
    • “PHIA” means The Personal Health Information Act (Manitoba);
    • “Site” means this website, at https://mbtelehealth.ca/;
    • “Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by MBTelehealth) to which links are provided from this Site; and
    • “use” includes access, view or copying, whether in whole or in part.
  3. Contract – These Conditions of Use constitute a legally binding contract between the User and MBTelehealth, and MBTelehealth is entitled to rely upon and to enforce its terms.
  4. 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.
  5. 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.”
  6. Purpose – This Site provides general information about MBTelehealth and its programs and activities that may be of interest to readers.
  7. 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 MBTelehealth. Such a person is referred to in these Conditions of Use as “User” or “you.”
  8. Changes to Conditions of Use – Changes may be made by MBTelehealth 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.
  9. MBTelehealth – MBTelehealth uses information communication technologies to enable the delivery of healthcare services, continuing education and administrative connections between urban, rural, and northern communities across Manitoba.
  10. Proper Law – This Site and its content are administered by MBTelehealth 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.
  11. More Information – MBTelehealth 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
      Attention: Program Manager
    • or by email at info@sharedhealthmb.ca.

2. Ownership

  1. Ownership of Site – This Site is owned and operated by MBTelehealth.
  2. 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. MBTelehealth 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.
  3. Trademarks – This website includes marks that are registered under The Trade-marks Act (Canada), which are either owned or licensed for use by MBTelehealth. 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 MBTelehealth, 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.
  4. Limited License and Restrictions – You are hereby granted a limited license to use, to display on your computer, to download and to print a single copy of the text and images which are available on this Site (including any forms available on this Site which are designated for printing and use), solely for non-commercial, personal or educational purposes, provided that the contents of this Site are not modified in any way. This license is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the content on this Site is downloaded, copied, stored or printed, such content is still subject to these Conditions of Use. You will ensure that all copyright and trademark notices are retained and included with, and displayed on each copy of such content (i.e. the associated copyright notice and this limited license: © 2008–2019 MBTelehealth. All rights reserved). No other use is permitted. Without limiting the generality of the foregoing, you may not make any commercial use of such content, include such content in or with any product that you create or distribute, or copy such content onto your, or any other person’s, website. Further, you agree that the material and content contained on the Site is made available to you for your lawful use in accordance with these Conditions of Use and that any material or content downloaded from the Site may be subject to additional terms of use under an end-user license agreement (“EULA”), as same may be presented to you before you access certain content. You may only download such material and content for the purpose of viewing the Site from a single personal computer unless otherwise specified in the applicable EULA. You agree that any use of the material and content of the Site outside of that authorized hereunder or under the applicable EULA, as the case may be, is strictly prohibited, and you agree that it is strictly prohibited and is a violation of MBTelehealth’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercial exploit or create derivative works of material and/or content from the Site, or to assist or facilitate any third party to do the foregoing, without specific written authorization from MBTelehealth.
  5. Permission to reproduce – Advanced written authorization is required from MBTelehealth 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 MBTelehealth at the address found above. 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 MBTelehealth.

3. Use

  1. 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:
    1. 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;
    2. 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;
    3. use current virus monitoring software;
    4. 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;
    5. not engage in any conduct which may harass or cause distress or inconvenience to any person;
    6. 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
    7. not impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
  2. 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. MBTelehealth presents its content “as is” and MBTelehealth makes no claims to its accuracy, either express or implied. Further, MBTelehealth assumes no obligation to update the information or advise on further developments concerning topics mentioned. Despite the aforementioned, MBTelehealth may make changes to the content at any time in its sole discretion without notice.
  3. 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.
  4. 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 MBTelehealth at the address set out above.
  5. Third party data – No endorsement or approval of any third parties, or of their advice, opinions, information, products or services, is expressed or implied. MBTelehealth does not review or control, and is not responsible for, any information which is created or supplied by a third party.
  6. 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, MBTelehealth 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 MBTelehealth assumes 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 MBTelehealth is 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 MBTelehealth 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.
  7. 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. MBTelehealth is not responsible for any search results that refer to sites and information located worldwide throughout the Internet.
  8. No warranties – MBTELEHEALTH, 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. MBTELEHEALTH 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.
  9. Viruses – While every effort is made to ensure that all information provided on this site does not contain computer viruses, MBTelehealth 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.
  10. Submissions – All information submitted to MBTelehealth via the Site shall be deemed to be and remain the property of MBTelehealth. MBTelehealth shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to MBTelehealth through the Site or sent through email. MBTelehealth shall not be subject to any obligations of confidentiality regarding any such information submitted to it, unless specifically agreed by MBTelehealth 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 MBTelehealth the right to provide access to the information from the Site. You warrant that any software submitted to MBTelehealth shall be free of computer viruses.
  11. Exclusion of Liability – NEITHER MBTELEHEALTH 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 MBTELEHEALTH OR ANY PERSON FOR WHOM MBTELEHEALTH IS RESPONSIBLE EVEN IF MBTELEHEALTH HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSS OR DAMAGE BEING INCURRED. FURTHER, MBTELEHEALTH 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.
  12. Indemnification – As a User, you shall indemnify and save harmless MBTelehealth 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 MBTelehealth from use of this Site and/or violation of these Conditions of Use.

4. Privacy and Security

  1. Privacy – MBTelehealth 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 gov.mb.ca/chc/fippa/. For more information on MBTelehealth’s obligations under FIPPA, how MBTelehealth 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
      Fax: 204-926-7007
      Phone: 204-926-7000
  2. Google Analytics – This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use this Site. The information generated by the cookie about your use of this Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for the Site’s operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser: however, please note that if you do this, you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
  3. Cookies – Cookies are text files which are placed on your computer while using a web site so as to allow the web site to recognize your computer. This Site may use cookies as follows:
    • 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 MBTelehealth.
  4. 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.
  5. Providing Personal Information to MBTelehealth – You agree not to send any personal information, including personal health information, to MBTelehealth.
  6. 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.
  7. 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 MBTelehealth. Accordingly, MBTelehealth 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.
  8. 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 MBTelehealth cannot assume any responsibility for any harm or damage you may experience or incur by doing so.

5. Termination

  1. Termination of Access – MBTelehealth 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 MBTelehealth at the address found above.
  2. Availability of Site – MBTelehealth 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.
  3. Termination of Site – This Site may be terminated at any time by MBTelehealth without notice.