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Terms Of Use

Conditions d’utilisation

THIS AGREEMENT (“Agreement”) is made as of today’s date between Ontario Health and you (“you” or “your”, as the context requires).

Welcome to the Quorum Community. This platform is provided to members as a service from Ontario Health (OH). The following defines the terms and conditions which govern the relationship between you, as a user of Quorum, and OH and by which you agree to be bound whenever you use Quorum.

OH may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Community after they are posted online.

By accepting the Terms of Use when registering as a Quorum member, you indicate your acknowledgement and acceptance of the following:

TERMS OF USE FOR USERS OF QUORUM

1. General Terms: References to OH in these Terms of Use shall include its directors, employees, agents and other representatives.

2. Scope:

a. The Terms apply to all members (including Community managers, moderators, administrators and members).

b. The Terms describe the organization’s objectives and policies related to acceptable use of information exchanged through the Community.

c. The Terms apply to use of the Community on desktop, mobile and tablet devices.

3. Privacy: OH is not permitted to collect any Personal Health Information (PHI) about individuals through Quorum, including your own PHI. If you are a health information custodian, you must ensure that PHI in your custody or control is protected from theft, loss and unauthorized use or disclosure.

a. Disclosure of identifying PHI is strictly prohibited. Members must be mindful of using specific dates, times, and/or locations whereby members could reasonably infer identification of involved parties.

4. Registration:

a. Access: Each individual who would like to participate on Quorum (interact with members or content) must be a registered user. OH is not liable to you for any loss or damage arising from your failure to comply with this section.

b. Population: The Community is open to adults over the age of 18 and is intended for those who are working on or interested in improving health care quality (“Members”).

c. Member Information: Members must provide accurate and up-to-date information about themselves during the registration process.

d. Passwords: It is the responsibility of Members to keep their username and password confidential. You may not transfer or share your account password with anyone or create more than one account.

e. Third Parties: OH agrees that information obtained during the registration process will not be disclosed to third parties unless required to do so by law or with explicit consent.

5. Code of Conduct:

a. Be respectful: Disagreeing with other Members should be done in a civil, non-offensive way. Content shall remain free from racist, sexist, homophobic content or other defamatory, personal attacks that intimidate others.

b. Add value: Provide useful advice and comments in response to the topic at hand, being sure to build upon previous discussion content to limit duplication of information.

c. Remain on topic: When starting a new post, clearly state the topic. Similarly, when replying to a post, ensure contributions stay relevant to the topic at hand.

d. Accuracy counts: Provide references where available and indicate the source for your comments or whether they are simply opinion. This will limit the potential for spreading of inaccurate information within the Community and beyond.

e. Avoid inappropriate topics: While the platform encourages innovative and lively discussions, all policies and laws relating to harassment and discrimination also apply to the Community. Members must not post content that is discriminatory in nature, promotes violence or hatred, or incites criminal behaviour.

f. Remain apolitical: The Community’s focus is on the responsible exchange of ideas about health care quality improvement and is therefore not an avenue for discussing topics that are political in nature. As such, ensure your content does not contain partisan political, advocacy or religious messages.

g. Maintain safety: Users shall not upload any malicious files, like viruses or worms, or post any unfamiliar links.

h. Respect ownership of intellectual property: Don’t copy or post work contributed by someone else without their authorization and if required, attribution.

i. Respect workplace confidentiality: Don’t refer to or reveal organizational proprietary information without first speaking to your employer. This extends to all media uploaded, including photos and video, whereby consent from all involved parties must be obtained before posting.

j. Identify yourself: All content submitted must be identified by your name, submitted upon registration for the platform. It is your responsibility to ensure that information contained within your profile remains current and that you do not share your username and password with others.

k. Don’t post spam or other commercial messages: Content posted to the Community must not be for the purposes of revenue/traffic generation or marketing.

6. Sanctions and Termination of Quorum Access: Violations of the above terms may result in temporary or permanent revocation of membership. Violations of other laws are subject to sanctions under such laws. The Quorum Online Community Manager along with the Community of Practice (CoP) Leads manage access to Quorum and are responsible for moderating the platform and violations of these terms may result in temporary or permanent revocation of membership.

7. Reporting: All Members of the Community are responsible for reporting any suspected or improper use of the Community in violation of Terms to the Contact Us page.

8. Breach of Terms of Use: If you breach any provision of these Terms of Use or engage in any fraudulent, abusive or otherwise illegal activity, OH may, in its sole discretion, restrict, suspend or terminate your access to Quorum without notice to you and without liability to you.

9. Security: OH shall use reasonable efforts to maintain and operate Quorum in accordance with its policies and procedures, and OH administrative, technical and physical safeguards relating to security of OH information. For security, performance, and maintenance purposes, Quorum system, data and network traffic may be monitored at any time.

In connection with your use of Quorum, you acknowledge and agree that you are strictly prohibited from:

(a) sharing or divulging your login information to others on or off Quorum;

(b) sharing or divulging any information that violates or infringes any privacy or other personal rights of others;

(c) sharing or divulging any information that is obscene, pornographic, threatening, abusive, harassing, defamatory, rude, personally critical, discriminatory under the Ontario Human Rights Code or generally distasteful;

(d) sharing or divulging any information that violates any laws, rules, statutes, or regulations;

(e) sharing or divulging any information that violates or infringes the intellectual property rights of other persons;

(f) using a false identity on Quorum or using accounts or data not intended for use by you;

(g) committing unauthorized intrusions into any part of Quorum or related systems which are restricted from access;

(h) altering, disabling, or circumventing or otherwise tampering with any security provisions implemented on Quorum or its components;

(i) uploading, posting, transmitting or executing through or on Quorum any virus, worm or other harmful, disruptive or destructive content, component, program, or code;

(j) transmitting via or on Quorum spam, chain letters, junk mail or any other type of unsolicited mail to persons or entities who do not consent to receive such mail, and/or making use of Quorum content for the purposes of communicating or transmitting spam, chain letters, junk mail or any other type of unsolicited mail to persons or entities who do not consent to receive such mail;

(k) communicating, transmitting, storing, or otherwise disseminating information or data that might affect, or have the potential to affect, the performance of Quorum, or damage or overload any other Quorum component or network;

(l) communicating, transmitting, storing, or otherwise disseminating information or data that damages or may damage the operations, efficiency, or reputation of Quorum or any related component;

(m) utilizing Quorum in any other manner so as to interrupt or interfere with the access to and/or usage of Quorum by another party.

You also agree that you will notify OH by phone: 1-866-364-4373; or email: OH-servicedesk@ontariohealth.ca, at the first reasonable opportunity, upon identifying or becoming aware of any breach or suspected breach of this Agreement by you or other Users, even if unintentional or inadvertent.

10. Review: This Policy shall be reviewed by OH at regular intervals or when amendments are deemed necessary. Any updates made to the Terms will be displayed on Quorum to the Members. Continued use of the Community shall indicate acceptance of changes by the member.

11. Exclusions: OH does not provide and there are no express or implied warranties or conditions in relation to Quorum, including any implied warranties or conditions of merchantable quality, fitness for a particular purpose, or non-infringement, or that any of the content of or features on Quorum will meet your needs or will be available for use at any particular time or will be error free. You further acknowledge that all OH obligations and liabilities in respect of any use of Quorum are contained in these Terms.

12. Disclaimer and Limitation of Liability: In addition to these Terms, Ontario Government Terms of Use, and OH’s Terms and Conditions and Privacy Policy also apply to use of the Community, as listed in Section 15.

a. Members must comply with all applicable federal and provincial laws including, but not limited to, those relating to harassment, libel, slander, privacy, copyright, trademark, obscenity, and child pornography. Members must not infringe on the rights of others as specified in the Ontario Human Rights Code and Canadian Charter of Rights and Freedoms. While we anticipate that most Members of the Community reside in Ontario, professional collaboration is encouraged and as such, information may be viewed by those outside of Ontario and Canada. Members interacting with those in other jurisdictions should be aware that they may also be subject to laws of those other jurisdictions.

b. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Community is physically maintained and operated by OH from the Province of Ontario.

c. Limitations on liability:

i. OH reserves the right to modify or discontinue the Community with or without notice to you. OH shall not be liable to you or any third party should OH exercise its right to modify or discontinue the Community.

ii. Partner content: The Community connects Members to content we feel they will benefit from and we have curated our content as such. With that in mind, OH is not responsible for errors, inaccuracies or availability of information therein.

iii. You may be able to post or upload written content or other content (collectively "Member-Submitted Content”). OH will moderate Member-Submitted Content and reserves the right to remove content found to be in violation of these terms. OH does not officially endorse, sponsor or approve of third-party content submitted by Members within the Community. OH shall not be liable, directly or indirectly, for loss or damage suffered in connection with this content.

iv. You are solely responsible for your own Member-Submitted Content and the consequences of posting or publishing it. By uploading or posting Member-Submitted Content, you automatically grant OH a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such Member-Submitted Content for the purpose of sharing the Member-Submitted Content with Users and visitors of the Community and to promote the Community. You represent and warrant that you own or have the rights to use and license OH to use the Member-Submitted Content in the manner contemplated by the Community and these Terms.

v. The Community may contain links to third-party websites. These links are provided solely as a convenience and for your information and not as an endorsement by OH of any third-party website or the content thereof. Unless expressly stated, OH does not operate any third-party website linked to the Community and is not responsible for the content of any third-party website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty, or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

vi. OH, its employees, agents, and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any interruption or cessation of transmission to or from our website, (iii) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, or (iv) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Community. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if OH has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

vii. You specifically acknowledge that OH, its employees, agents, and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Information provided on Quorum is intended for informational purposes only, is not intended to constitute medical advice, and should not be relied upon in any such regard. It is not intended to be a comprehensive or detailed statement concerning the matters addressed.

While care has been taken in the preparation of the information contained on Quorum, such information is obtained from a number of sources and is provided without charge. Any such information is provided on an "as is" basis without any representation, warranty or condition, whether express or implied, statutory or otherwise, as to: quality; accuracy; completeness; legality; currency; reliability; efficacy or fitness for a particular purpose; uninterrupted access to Quorum; error-free operation of Quorum; and the absence of computer viruses and other harmful components or corrupted data or information on Quorum.

Anyone using Quorum does so at their own risk, and by using such information agrees to indemnify OH and its content providers from any and all liability, loss, injury, damages, costs and expenses (including legal fees and expenses) arising from such person's use of the information on Quorum.

OH will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. OH will not be liable for any damages or injury, including but not limited to, special or consequential damages, that result from the use of, or the inability to use, the materials on Quorum, even if OH has been advised of the possibility of such damages.

13. Copyright and Trademarks: Some material contained on Quorum is protected by Canadian and other national and international copyright, trademark and other laws.

14. Miscellaneous: These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. These Terms of Use supersede all prior representations, arrangements and agreements between you and OH relating to your use of Quorum and sets forth the entire agreement between you and OH relating to your use of Quorum. Should any provisions of these Terms of Use be determined to be invalid or unenforceable under any law, rule or regulation, that determination will not affect the validity or enforceability of any other provisions of the Terms of Use. The waiver or failure of OH to exercise in any respect any right provided for in these Terms of Use shall not be deemed a waiver of any further right or remedy available to OH hereunder.

15. References:

a. Ministry of Government Services – Terms of Use

b. Ministry of Government Services – Social Media Terms of Use

c. Ontario Health – Privacy Policy