mihealth™ Subscriber Agreement

  1. Agreement. . Your acceptance of these terms and use of the Services (“Services”) offered by Mihealth Global Systems Inc. (Mihealth”) means that you agree to be bound by this binding agreement (“Agreement”), without limitation or qualification, between Mihealth and you as a client or user (“You”). Please make sure you read this Agreement thoroughly before indicating your acceptance.
  2. Services. Mihealth provides Services pertaining to your use and management of your personal health information (“PHI”). These services involve Mihealth holding PHI in a Mihealth Personal Health Record (“PHR”) to permit you and those you authorize to access such PHI through www.mihealth.com (the Site”) and facilitating messaging between your healthcare provider(s) and you (collectively referred to in this Agreement as “Services”). Mihealth may provide software so as to permit you to access to your PHR via your mobile device(s) (“Software”).
  3. License to Use the Services and Software. . Mihealth hereby grants You a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Services and Software, subject to this Agreement. You may use the Services and Software solely for your own personal and non-commercial use. You acknowledge and agree that Mihealth, as a service provider to You:
    1. Is not a health information custodian or trustee as that term may be defined in law;
    2. May, without notice, alter, modify, suspend, withdraw or discontinue the Services, this Site or the Software, or particular components thereof, from time to time; and
    3. Will permit your access to the Site and the information contained on the Site over local exchange, inter–exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which operate beyond the control of Mihealth and its suppliers.
  4. License to Use Messaging Functionality. Mihealth provides a means for you to communicate with your healthcare provider through the transmission and receipt of electronic messages (“messaging functionality”). Your use of the messaging functionality of the Services means:
    1. You expressly agree that you will not use the messaging functionality to:
      1. Damage, harm, threaten, or harass another person, organization, or Mihealth;
      2. Damage, disable, impede or impair the messaging functionality;
      3. Resell or redistribute the messaging functionality or any part of it;
      4. Use any unauthorized means to modify, reroute, or gain, or attempt to gain, access to the messaging functionality or use any automated process or service to access or use the messaging functionality.
    2. You are solely responsible for any activities, transactions, dealings, or relationships with third parties (including physicians and other medical service providers) arising from your use of the messaging functionality.
    3. You are solely responsible for the content of any messages and expressly agree that Mihealth does not control, verify, or endorse the content of any message that you and third parties exchange using the messaging functionality.
    4. You understand and agree that the messaging functionality is provided on an "as is," "with all faults," and "as available" basis. Mihealth does not guarantee the accuracy or timeliness of information available from the messaging functionality. Mihealth does not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur and you acknowledge that the nature of computer and telecommunications systems means that occasional periods of downtime occur.
    5. You grant Mihealth the right, to use, modify, adapt, reproduce, distribute, and display any content but only to the extent necessary to operate or provide the messaging functionality, the provision of the Services and for the purposes stated in Mihealth’s Privacy Policy.
  5. Consent For Release of Records. You consent to and authorize the release of your health records to Mihealth by your healthcare provider(s). The release of information may be extensive and, as part of this authorization, if applicable, You expressly authorize the release records or information to Mihealth containing sensitive personal information which may include information pertaining to sexually transmitted diseases, HIV/AIDS testing, whether negative or positive or drug, alcohol, or mental health treatment. You understand that your healthcare provider(s) may require a separate authorization before the disclosure of any of your records and You agree to provide Mihealth and/or your healthcare provider(s) with such separate authorization as may be required.
  6. Consent for the Collection of Personal Information. You agree and consent that Mihealth may collect, use and disclose such personal information about You in accordance with Mihealth’s Privacy Policy, as presented on Mihealth’s Site and amended from time to time. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Mihealth for any Service; or by (2) actually using the Services. Our Privacy Statement provides the only expectations of privacy You should have in terms of usage of the Services, Mihealth site(s), or other systems.
  7. Consideration. Your use of the Services is subject to acceptance of you as a client of Mihealth and payment of such fees as established in Mihealth’s Fee Schedule, whether payment is made by You or a third party.
  8. Your Representations. You represent and warrant that You:
    1. Have the legal capacity, right and ability to enter into this Agreement;
    2. If you create a PHR for anyone under eighteen (18) years of age, You are, or have the full knowledge and consent of, the custodial parent(s) or guardian or, if required, the person under eighteen (18) years of age, to collect, use and disclose the PHI for the purpose of creating a Mihealth PHR.
  9. Your Obligations.
    1. You are responsible for:
      1. The security of your passwords and for any use of your Mihealth account;
      2. Compliance with the Terms and Conditions of this Agreement;
      3. Compliance with all applicable laws and regulations, including any laws regarding the export of data or software.
    2. You may not:
      1. Access Mihealth’s PHR other than by using the interfaces provided by Mihealth.
      2. Interfere with or disrupt the proper operation of, or any other person’s use of, the Services, this Site, or the Software.
      3. Use the Services or Software for any purpose that is unlawful or prohibited by this Agreement.
  10. Content of PHR. Mihealth provides an electronic personal health record service (“Mihealth PHR”) consisting of health information provided by You, your physician(s) and/or healthcare provider(s). You are solely responsible for the dissemination of your Mihealth PHR and you acknowledge and agree that Mihealth does not in any way authorize, facilitate, oversee, sponsor or in any way assist or participate in the distribution of your Mihealth PHR. You further expressly agree that Mihealth is not liable for any inaccuracy, omission or error in your Mihealth PHR, or for its dissemination to any third party. Mihealth does not sell, rent, or share the contents of any Mihealth PHR except in accordance with Mihealth’s Privacy Policy or with your explicit consent. Mihealth’s use of Your PHI will be done in a manner consistent with Mihealth’s Privacy Policy or to provide Services to You. Mihealth does reserve the right, where You have custody of a Mihealth PHR containing PHI on another person, to provide that person with access to, and use of, their own PHI.
  11. Intellectual Property. You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for any information that You, your physician(s) and/or healthcare provider(s) provide, all content provided through Mihealth’s Services and on this Site is copyrighted by Mihealth unless otherwise indicated. You may use information provided through Mihealth’s Services or on this Site for your personal use only. You may download or copy the information provided through the Services or on this Site, provided all copyright and trademark notices remain intact. All Software is owned by Mihealth and/or its Suppliers and is protected by national and international copyright laws. Except as indicated in this Agreement, You may not reproduce, download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited. You may not, copy, paraphrase, omit, display, store, rent, lease, sublicense, publish, distribute, share, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Services, Software or content on Mihealth’s Site. Mihealth or a Supplier to Mihealth owns all marks (whether registered or unregistered) displayed through Mihealth’s Services, on this Site or in the Software. No right license or interest in such marks is granted to You under this Agreement. You agree that You will not assert any such right, license or interest with respect to such marks.
  12. Disclaimer of Warranties. MIHEALTH’S SERVICES, THIS SITE AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SERVICE, SOFTWARE PROVIDED THROUGH THE MIHEALTH SERVICES OR SITE FOR ANY PURPOSE. MIHEALTH AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, ANY VERIFICATION PERFORMED BY OR ON BEHALF OF MIHEALTH, SERVICES AND SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MIHEALTH MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF THIRD-PARTY SOFTWARE OR HARDWARE YOU MAY USE IN CONNECTION WITH ACCESSING THE SERVICES AND SOFTWARE. THE INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MIHEALTH SITE OR IN A MIHEALTH PHR MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND THAT MIHEALTH AND ITS SUPPLIERS CANNOT AND DO NOT WARRANT THAT INFORMATION AVAILABLE THROUGH MIHEALTH’S SERVICES, OR THE SOFTWARE, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. MIHEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THE SOFTWARE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND THE SOFTWARE IS AT YOUR SOLE RISK.
  13. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MIHEALTH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS FROM ANY CLAIM, ACTION OR DEMAND, LIABILITY, AND SETTLEMENT, INCLUDING BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO USE OF THE SERVICES AND SOFTWARE, ANY NEGLIGENT OR WRONGFUL CONDUCT OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES, SOFTWARE OR THIS SITE USING YOUR ACCOUNT.
  14. Limitation of Liability Mihealth nor any of its officer, directors, employees, agents or Suppliers shall not be liable for any losses or damages arising from input errors, whether entered by You, Mihealth or anyone on behalf of Mihealth, any communication errors, any use of personal health information (whether verified or not), any misuse of the Services, any compromise of account security or privacy arising from your use of Mihealth Software or your use of any computer to access the Service, this Site, or Your failure to report a known error an incident of unauthorized account access or incorrect information. IN NO EVENT SHALL MIHEALTH OR ANY OF ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MIHEALTH SERVICES OR SITE OR SOFTWARE, WITH ANY DELAY OR INABILITY TO USE THE MIHEALTH SERVICE OR SITE OR SOFTWARE, ANY FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA TRANSMISSION, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF YOUR PERSONAL INFORMATION OR THE MIHEALTH SERVICE OR SITE OR SOFTWARE, EVEN IF MIHEALTH OR OUR SUPPLIERS KNOW OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY" FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MIHEALTH SERVICES OR SITE OR SOFTWARE, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MIHEALTH SERVICES, THIS SITE AND THE SOFTWARE. As any assessment of losses and damages, if any, arising from your use of the Services, the Software or from your use of this Site would be difficult, if not impossible to determine, You agree that THE TOTAL LIABILITY OF MIHEALTH, ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, IF ANY, FOR ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY OR ON BEHALF OF YOU FOR USE OF THE MIHEALTH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSSES OR DAMAGES, OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE CANADIAN DOLLAR ($1.00 Cdn).
  15. Term and Termination. Mihealth may terminate or suspend your right to use Mihealth’s Services, this Site or Software at any time, with or without cause, upon notice, but may, without any obligation to do so, provide subsequent notice.
  16. Amendment and Notice. Mihealth may change the terms of this Agreement at any time and will provide notice of any changes by displaying them prominently on the home page of the Site. Your use of the Services, this Site or the Software constitutes your acceptance of the terms of this Agreement as they appear at the time you use the Services or Software or access or use this Site.
  17. Other Documentation Your use of Mihealth’s Services, this Site and the Software may be governed by other terms and conditions contained in other Mihealth documentation, including but not limited to Mihealth’s Privacy Policy, which is incorporated into and forms part of this Agreement. You also may be subject to additional terms and conditions that may apply when You use third-party content or third party software to access or use Mihealth’s Services, this Site or Software.
  18. Survival. The provisions entitled “Services”, “Content of PHR”, “Indemnification”, “Disclaimer of Warranties”, “Limitation of Liability” and “General Legal Provisions” will survive the termination of this Agreement.
  19. General Legal Provisions You agree that the following provisions also form part of this Agreement:
    1. Entire Agreement. This Agreement, including any Mihealth documents incorporated by reference, and any amendments thereto, constitutes the entire agreement between You and Mihealth with respect to your use of Mihealth’s Services, this Site and the Software and supersedes any prior oral or written representations with respect to such use of Mihealth’s Services, this Site and the Software.
    2. Assignment. Mihealth may assign this Agreement, or any rights or duties under this Agreement, to any person at any time without notice to You or without your approval.
    3. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and You and Mihealth nevertheless agree that the parties' intentions as reflected in such provision should be given effect.
    4. Waiver. Any failure to exercise or enforce any right or provision of this Agreement or any other legal notice communicated by Mihealth, whether or not communicated on this Site, shall not constitute a waiver of such right or provision. No waiver of any of these terms or of any other legal notices shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
    5. Conduct. No act or omission or any course of conduct between the parties or trade practice shall act to modify any provision of this Agreement or of any other legal notice.
    6. Force Majeure Mihealth shall not be liable for damages caused by delay or failure to provide the Services or access or use of this Site or otherwise perform its obligations under this Agreement where such delay or failure is caused by an event (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, or Internet disturbance) beyond its reasonable control.
    7. No Agency. This Agreement does not create an agency, partnership or joint venture between You and Mihealth.
    8. Applicable Law and Jurisdiction. This Agreement is governed by the laws of Ontario and Canada, without regard to, or application of, choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of Ontario. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Agreement. Your agreement to be bound by this Agreement means that you may be waiving legal rights that could be available to You in another jurisdiction.