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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 OHT Shared Space 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 the OHT Shared Space, and OH and by which you agree
to be bound whenever you use the OHT Shared Space.
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 OHT Shared Space, after they are
posted online.
By accepting the Terms of Use when
registering as an OHT Shared Space, member, you indicate your acknowledgement
and acceptance of the following:
TERMS OF USE FOR USERS OF THE OHT SHARED
SPACE
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 the OHT Shared
Space, 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 the OHT Shared Space (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 the development of Ontario Health Teams (“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 OHT Shared
Space 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 OHT Shared Space Online Community Manager along
with the Community of Practice (CoP) Leads manage access to the OHT Shared
Space 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 the OHT Shared Space without notice to you and
without liability to you.
9. Security: OH shall use reasonable efforts
to maintain and operate the OHT Shared Space 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, the OHT Shared Space system, data and network traffic may
be monitored at any time.
In connection with your use of the OHT
Shared Space, you acknowledge and agree that you are strictly prohibited from:
(a) sharing or divulging your login
information to others on or off the OHT Shared Space;
(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 the OHT
Shared Space or using accounts or data not intended for use by you;
(g) committing unauthorized intrusions into
any part of the OHT Shared Space or related systems which are restricted from
access;
(h) altering, disabling, or circumventing
or otherwise tampering with any security provisions implemented on the OHT
Shared Space or its components;
(i) uploading, posting, transmitting or
executing through or on the OHT Shared Space any virus, worm or other harmful,
disruptive or destructive content, component, program, or code;
(j) transmitting via or on the OHT Shared
Space 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 the OHT Shared Space 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 the OHT Shared Space, or damage or
overload any other OHT Shared Space component or network;
(l) communicating, transmitting, storing,
or otherwise disseminating information or data that damages or may damage the
operations, efficiency, or reputation of the OHT Shared Space or any related
component;
(m) utilizing the OHT Shared Space in any
other manner so as to interrupt or interfere with the access to and/or usage of
the OHT Shared Space 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 the OHT Shared Space 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 the OHT
Shared Space, 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 the OHT Shared Space 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 the
OHT Shared Space 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 the OHT Shared
Space 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 the OHT Shared Space, 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 the OHT Shared Space; error-free operation of the OHT
Shared Space; and the absence of computer viruses and other harmful components
or corrupted data or information on the OHT Shared Space.
Anyone using the OHT Shared Space 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 the OHT Shared Space.
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 the OHT
Shared Space, even if OH has been advised of the possibility of such damages.
13. Copyright and Trademarks: Some
material contained on the OHT Shared Space 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 the OHT Shared Space and sets forth the entire agreement between
you and OH relating to your use of the OHT Shared Space. 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
c) Ontario Health – Privacy Policy
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