Portal User Agreement

Effective Date:     05/26/2017
Last Amended:    03/08/2018

1.0  - WELCOME TO ONTARIOMD

The Portal on the OntarioMD.ca Website ('the "Portal") is a service of OntarioMD Inc., (hereafter, "OntarioMD", "we", "us", or "our").  As used herein, all references to "OntarioMD " means OntarioMD Inc. and its related or affiliated entities, and their respective directors, officers, representatives, employees, consultants, agents, service providers, suppliers and licensors.  for registered physicians and their designated staff.

The Portal provides restricted access to certain content and services for users of various healthcare stakeholders, including physicians and other clinicians, and users of OntarioMD-certified Electronic Medical Records ("EMRs") and related EMR products/services offered by OntarioMD. 

Use of the Portal requires a user ID and password or additional authentication for access. If OntarioMD or a delegate of OntarioMD provides you with a user ID and password, or any other means to access restricted areas of the Portal, you must ensure that the ID, password, or other means of access are kept strictly confidential. 

This Portal User Agreement ("Agreement") also includes the following items:

1. OntarioMD.ca Privacy Policy;
   
   
2. OntarioMD.ca Terms of Use;
    
   
3. Attached Schedules; and

additional policies and guides which are all incorporated by reference and form part of this Agreement.

2.0  - SCOPE OF AGREEMENT

This agreement governs access to, and all use of, the OntarioMD.ca Portal.

3.0  - ACCEPTANCE

Clicking the "I accept and agree to be bound by the agreement" check box at the end of this agreement indicates you have read and understood the terms and conditions set out in this Portal User Agreement and you agree to be bound by them.

4.0  - DEFINITIONS

4.1 - GENERAL

"Health Card Validation Basic" – ("HCV") is a free, secure service offered by OntarioMD in partnership with the Ministry of Health and Long Term Care. The service allows Portal users to validate the eligibility of a patient's health card against the Ministry databases in real time. Access to HCV is limited (see s. 5.4 - HCV ACCESS, below).

"EMR Progress Assessment Tool" – ("EPA") is an evidence-based tool for physicians and colleagues to assess their current EMR use and make improvements. It asks critical questions spanning key functional areas of EMR use. It tracks and measures progress in EMR use against the EMR Maturity Model developed by OntarioMD. The EPA is a fundamental component of OntarioMD's EMR Practice Enhancement Program, a complementary service designed to help physicians enhance their EMR skills. Access to EPA is limited (see s. 5.5 - EPA ACCESS, below)

"Account Management Privileges" – ("Management Privileges") means the access and associated rights to use the Portal to: see co-workers' ("co-worker" meaning: another person registered to a Portal user account linked to the  same medical practice and/or Primary Account Holder) personal information; modify co-workers' role (i.e., assign them as a Sponsored Account Manager); modify users' access to HCV; invite persons and create Sponsored User accounts; and, to revoke sponsorship of an account (note: this does not terminate the account, see s. 7.0 - TERMINATION, below). Primary Account Holders always have access to Management Privileges (except for HCV access) and may grant conditional Management Privileges to Sponsored Account Managers.

"secure services" – means the special Portal access privileges granted to Ontario Medical Association Members. Registration for secure services is voluntary and provides access to restricted areas of the Portal, including HCV access. secure services require a unique password PIN, provided through the Ontario Medical Association. Instructions for how to register for secure services are available through the Portal.  

4.2 -  PORTAL USER ACCOUNT TYPES

This section outlines the three (3) types of Portal user accounts offered to OntarioMD.ca Portal users. Which of these accounts shall be assigned to an individual user is determined according to their professional capacity/job title, under Schedule A to this agreement.

"Primary Account Holders" – ("PAH") are the most senior Portal user account holders, including Registered Physicians and Nurse Practitioners. Primary Account Holders always have Management Privileges.

"Sponsored Account Managers" – ("SAM") are appointed by Primary Account Holders.  SAM accounts have Management Privileges, with some limitations – a SAM account cannot modify, change, or otherwise manage itself (for example: grant itself HCV access) and a SAM cannot appoint other SAM accounts. There is no limit to the number of SAM accounts that may be appointed by a PAH/medical practice.

"Sponsored Users" – ("SU") accounts are invited to the Portal and created by accounts with Management Privileges. SU accounts have limited access to the Portal and may be edited, terminated, or otherwise changed by accounts with Management Privileges.

For greater clarity, subsequent reference to "subordinate" or "sponsored" accounts refer to SAM and SU accounts.

5.0  - LICENCE AND ACCEPTABLE USE

5.1 - INTELLECTUAL PROPERTY

All information, data, text, graphics, images, software, code, metadata, links, audio and video files, any online functionality to assist Registered Physicians and Staff Users in evaluating technology products for medical practices, any other online functionality, and all other materials forming part of the Website (collectively, the "Content") provided through this Website are the property of OntarioMD or the respective suppliers of such Content. The Content is protected by copyright laws and other laws. Certain names, graphics, logos, icons, designs, words, titles, or phrases displayed in this Website may also constitute trade names, trademarks, or service marks registered in Canada, or elsewhere. The display of trademarks on the Website does not imply any licence has been granted to you for their use. Any unauthorized downloading, re-transmission, or other copying, or modification of trademarks and/or any of the Content herein may be a violation of federal or common law, and/or trademark and/or copyright laws and could subject the person to legal action.

The Portal provides the capability to access, view, download and print Content and to use your email account. OntarioMD grants you a non-exclusive, non-transferable, royalty-free licence to access and print a single copy of the Content (other than software) for your own personal, non-commercial use in associated medical practice in accordance with this Agreement. You may not assign or transfer this license. You must maintain all copyright and other proprietary notices included in such Content. Except as is expressly permitted in this Agreement or as may be authorized in writing by a Content supplier, you shall not (and shall not permit any other person) to, in any way or by any means:

• use Content in any manner that is competitive with the business activities of supplier of such Content as a licensor and/or reseller of its such Content;
• sell, lease, rent, market, license, sub-license, export or transfer such Content;
• reproduce, redistribute, retransmit, publish, transfer, upload, post, frame or commercially exploit such Content;
• remove, alter or obscure any proprietary notices or disclaimers displayed with the Content;
• modify or prepare derivative works of the Content (or any portions thereof) except as is expressly permitted herein;
• reverse-engineer, decompile or disassemble the Content (or any portions thereof); or
• use the Content in violation of any applicable laws or regulations.

You agree to abide by all copyright notices, and license or use restrictions contained on the Website and in any Content on or material accessed through the Website. Modification of the Content or use of the Content for any purpose (including use of any such Content on any other website or networked computer environment) other than expressly permitted herein is a violation of copyright and other proprietary rights. You will not use the Website or its Content to collect, transmit, store, or exchange any material in violation of any applicable law or regulation, including material protected by copyright, trademark, trade secret, or other intellectual property rights, without proper authorization. You will use the Website and its Content ethically.

From time to time, OntarioMD in its sole discretion may make certain software expressly available to you for downloading through the Website (the "Downloadable Software"). All Downloadable Software will be clearly identified as such by OntarioMD. OntarioMD may require you to agree to certain additional terms and conditions specific to the use of the Downloadable Software before downloading it. If you are not required to agree to any further terms and conditions of a license agreement specific to that Downloadable Software before being permitted to download it, then your use of that Downloadable Software is subject to the terms and conditions of this Agreement as if it were Content other than software, and you may use that Downloadable Software solely in connection with the Website. You may not redistribute, sell, decompile, reverse-engineer or disassemble Downloadable Software expressly made available for download by OntarioMD on the Website or otherwise expressly made available in relation to the Website.

Except as expressly set out in this Agreement, you are not granted any rights in the Content. The OntarioMD and the respective Content suppliers retain full and complete copyright in and title to the Content and all other intellectual property rights therein.

5.2 - ACCEPTABLE USE: ACCOUNT HOLDER OBLIGATIONS

Content provided on the OntarioMD.ca Portal may be viewed and used only for its intended purposes. OntarioMD.ca Portal user account holders are responsible for all activities occurring on their account and any consequences arising from those activities, or for any misuse, failure to properly use, unauthorized viewing, use or disclosure of Content, or inability to use the Portal, any Content contained therein, or accessed through the Portal.

The Primary Account Holder is responsible for the activities of all sponsored/subordinate accounts authorized under their authority (including any activity of the SAM), this includes the requirement to properly assign and terminated accounts as further specified below. For greater clarity, all OntarioMD.ca Portal users are responsible for their proper use of the Portal and PAHs remain at all times responsible for the proper use of the Portal by their sponsored/subordinated accounts.

5.2.1 - OBLIGATION TO TERMINATE ACCOUNTS

If any subordinate accounts cease to perform their respective duties, the PAH must terminate those accounts. If the PAH is terminated, retires, or is otherwise removed from their capacity as the PAH, that PAH account, and any subordinate accounts sponsored exclusively by that PAH, must be terminated. In all circumstances, the PAH is responsible for ensuring the necessary termination of their own and/or their subordinate accounts. For information regarding the termination process, see s. 8.0 - TERMINATION.

For greater clarity: in circumstances where sponsored accounts are linked to multiple PAHs, the last PAH linked to a sponsored account is responsible for ensuring the termination of that account.

5.3 - RESTRICTED ACCESS

OntarioMD reserves the sole right and discretion to restrict access to the Portal (in whole or in part), disable your user ID and password, or otherwise revoke access, without notice or explanation.

5.4 - HCV ACCESS

Access to HCV is not available to any Portal users by default. Primary Account Holders may gain access to HCV by registering their account for secure services with OntarioMD. Users registering as a PAH are prompted to register for secure services during the initial registration process. If this process is skipped, a PAH may register for secure services by contacting OntarioMD.

Access to HCV cannot be granted to any sponsored/subordinate accounts unless the associated Primary Account Holder is registered for secure services. If the Primary Account Holder is registered, their account, or any Sponsored Account Managers linked with their account may grant access to HCV.

Portal users are not permitted to share accounts with HCV access with any other person, for any reason. OntarioMD assumes no liability for the consequences of unauthorized or inappropriate access to the HCV (see also: s. 8.0 - SECURITY).

5.5 - EPA ACCESS

Access to the EPA cannot be granted, revoked, or otherwise changed by Portal users. Access to EPA through the Portal is granted at the time of registration, according to the professional capacity/job title of the registrant. Schedule A indicates which professional capacities/job titles are permitted access to the EPA.

5.6 - TRANSFERABILITY OF ACCOUNTS

User accounts, regardless of type, are not transferable between persons.

5.7 - LINKS BETWEEN ACCOUNTS

Sponsored accounts may be linked to more than one Primary Account Holder/medical practice. Additionally, sponsored users may be granted Sponsored Account Manager status under Multiple Primary Account Holders. If a sponsored account linked to multiple PAHs/medical practices is severed from one of those connections, it will remain active on the Portal server with any other connections.

6.0  - PRIVACY AND YOUR PERSONAL INFORMATION

Your use of the Website and Portal is subject to the terms of the OntarioMD.ca Terms of Use and Privacy Policy, as amended from time to time by OntarioMD. OntarioMD does not sell, rent, or lease its mailing lists to third parties except as set out in the OntarioMD Privacy Policy.

If any information provided by you to register for an OntarioMD.ca Portal account changes, you will promptly update such information.

By submitting to OntarioMD the personal information of your staff/subordinate accounts, you represent and warrant that you have obtained the informed consent of those parties for the disclosure of their personal information by you to OntarioMD for use on the Portal.

7.0 - TERMINATION

7.1 - BY OntarioMD

OntarioMD may terminate any Portal user account at any time, for any or no reason, with or without prior notice, and without liability.

7.2 – BY PORTAL USERS

Portal users cannot unilaterally terminate accounts. Primary Account Holders and Sponsored Account Managers can block the connection between an account and a respective physician/PAH, but this does not terminate the account being blocked – that account is still able to independently access the Portal.

To terminate an account, the PAH or SAM must contact OntarioMD at support@ontariomd.com with "Termination Request" in the subject line or call OntarioMD at (416) 623-1248 or Toll Free at 1(866) 339-1233. Sponsored/subordinate accounts may also request  for their account to be terminated, however, OntarioMD reserves the right to request approval from their associated PAH.

7.3 - EFFECT OF TERMINATION

The termination of your account will terminate your access to the Portal and all services made available to you through the Portal. You acknowledge and agree that any termination of your registration will entitle OntarioMD to communicate such termination to: eHealth Ontario and all service providers or suppliers to the Website who may need to know about such termination in order to terminate their services provided to you through the Portal. Terminating an account will delete any information associated with that account. OntarioMD assumes no liability for the consequences of lost data as the result of terminating user accounts.

Note: the termination of a PAH account will revoke any privileges granted by that account to subordinate accounts. These accounts are not deleted and will retain, in full, any links to other PAHs/medical practices.

8.0 - SECURITY

8.1 - WEBSITE SECURITY

You recognize and agree that:

(1) The Internet is not a secure medium. Accordingly, the privacy of your communications (including, but not limited to communications by secure e-mail), the privacy of your visits to this Website, and the privacy of your use of Content cannot be guaranteed.

(2) The nature of Internet communications means that your communications (including, but not limited to communications by secure e-mail service) may be susceptible to data corruption, unauthorized access, interception and delays; the Website and the Content may include incomplete information, inaccuracies or typographical errors; and OntarioMD and any other party involved in the management of the Website may make changes to the Website and the Content at any time without notice.

8.2 – ACCOUNT INFORMATION SECURITY

As an account holder, you recognize and agree that you alone are responsible for the use of any password(s) and/or User ID(s) provided to you in connection with the Portal or Website including any service made available to you through the Website as a Registered Physician. You will not disclose any such password(s) and/or User ID(s) to a third party. You will take all reasonable steps to protect the confidentiality of each such password and User ID. Should you become aware of or suspect any unauthorized use of any of your passwords or User IDs, you will notify OntarioMD immediately by contacting the OntarioMD at (416) 623-1248 or Toll Free at 1(866) 339-1233.

9.0 - DISCLAIMERS

9.1 - GENERAL

Unless otherwise expressly stated, the Website and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, statutory or otherwise. OntarioMD shall not be responsible for any detrimental reliance you may place on the Website or its Content. To the fullest extent permitted by applicable law, OntarioMD disclaims all warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and reasonably acceptable quality, title, non-infringement with respect to the Website any Content obtained or accessible there from, any website with which the Website is linked and any products or services made available to you in connection with the Website. The entire risk as to the accuracy and use of any of the Content available on or through the Website and the results and performance of the Content, are assumed by you. OntarioMD does not represent or warrant that the Website or any of its Content is accurate, complete, reliable, current or secure. Without limiting the foregoing, OntarioMD does not warrant that: the functions, information or links contained on the Website or that any Content will meet your requirements; that the Website or the Content, are fit for any particular purpose; or that the operations of the Website or its Content will be uninterrupted or error-free or accurate; that defects will be corrected, or that the Website (including the software, server(s) or other components that make up the Website), and the Content available are free of viruses, worms or other harmful components.

9.2 – NO ADVICE

Use of the Content on this Website is at your own risk. The Content posted on this Website is not intended to be a comprehensive or definitive statement concerning the matters therein addressed, or medical, pharmaceutical, therapeutic, legal, or other professional or expert advice, and should not be relied upon as such. In no way should such Content be construed as a recommendation of any drug, therapy, device, medical supplies or other products or services. Additionally, search results are dependent upon the search strategies which you create, and there is no guarantee that a search has located all potentially relevant Content. You are required to exercise your own professional judgement before acting on any Content provided on this Website or on any linked sites.

9.3 - LINKS TO THIRD PARTY WEBSITES

Some hyperlinks ("link(s)") on the Website will connect the user to external domains/websites. Such linked websites are entirely independent from OntarioMD.ca and the existence of any link shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by OntarioMD of any such site/domain or entity, or its respective information, publications, products or services. OntarioMD shall not be responsible for the contents of any site linked to OntarioMD.ca or for any further link(s) contained in a linked site. OntarioMD is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site or the entity or entities owning or operating such site, by OntarioMD. When linking to a third party site, you are leaving the privacy coverage of the Website and are subject to the privacy coverage and security of the third-party site. OntarioMD cannot and does not guarantee that the third-party web site privacy statement is the same or contains the similar provisions as the privacy policies applicable to this Website.

10.0 - LIMITATION OF LIABILITY

Under no circumstances – including, but not limited to, negligence – shall OntarioMD (either jointly or severally among its members) be liable for any direct, indirect, special, consequential or other damages that result from, or arise in connection with: this Agreement (or any document incorporated by reference); the Content; the use or inability to use the Website, Content, or materials accessible from or obtained through the Website, even if any entity of OntarioMD has been advised of the possibility of such damages by you or any other party. In no event shall total liability of OntarioMD to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, to access or use the Website.

11.0 - INDEMNIFICATION

To the maximum extent permitted by applicable law, you will defend, indemnify and hold OntarioMD harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising from: (i) any material breach of this Agreement by you, including provisions under the Acceptable Use Policy; (ii) your use or misuse of the Website, the Content, or any product or service available through the Website; and (iii) Content submitted by you and its inclusion on the Website.

12.0 - JURISDICTION AND SEVERABILITY

You agree and acknowledge that your use of this Website, any Content, and any products or services made available to some or all of the Registered Physicians of the Website through the Website shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that this Agreement, and any disputes in connection or arising from with this Agreement, and document incorporated by reference in this Agreement, your use of this Website, any of its Content or any service made available to some or all of the Registered Physicians through the Website, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.

13.0 - ADVERTISEMENTS AND PROMOTIONS

To the extent that you choose to deal with advertisers or participate in promotions on the Website, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the advertiser. OntarioMD hereby disclaims any responsibility or liability in respect of such dealings.

14.0 - ENTIRE AGREEMENT

These terms and conditions and any policies, guidelines or other agreements incorporated or provided by OntarioMD constitute the entire agreement between OntarioMD and you with respect to your use of the OntarioMD.ca Portal. Notwithstanding the foregoing, any products or services which you use through the OntarioMD.ca Portal or Website shall be subject to all terms and conditions relating to such product or service provided to you from time to time including, without limitation, all terms and conditions posted on the OntarioMD.ca Website and all terms and conditions delivered to you (in any manner or form) in connection with any products or services accessed or used.

15.0 - SURVIVAL

All of the provisions of this Agreement (and any documents incorporated by reference) that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of this Agreement and you agree to remain bound by those provisions.

16.0 - AMENDMENT OF AGREEMENT

This Agreement and any policies, guidelines, or schedules contained herein may be amended by OntarioMD from time to time. Your acceptance of the Agreement and any policies, guidelines, or schedules contained herein, as amended, is required for your continued access to some or all of the Website or the products and services accessible through the Website, including the services offered by eHealth Ontario. Your continued use of the Portal constitutes your acceptance of any changes made to this Agreement.

17.0 -   REASONABLENESS

By using the Portal, you agree that the terms of this Agreement are reasonable. Do not use the Portal if you think that these terms are unreasonable.

18.0 -   SEVERABILITY

If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.

19.0 - NOTIFICATION OF CHANGE

Notification of significant changes to the OntarioMD Portal User Agreement will be provided by OntarioMD via online pop-up messages on the OntarioMD portal or emails or other methods of communication as OntarioMD deems appropriate. A current version of the "OntarioMD Portal User Agreement" is always available online under the 'Legal Agreements' for your reference. You are accountable for reading the revised terms when notified; by making a conscious decision to use OntarioMD.ca Services after notification you explicitly provide your consent to the then-current terms.

SCHEDULE A

USER ACCOUNT CLASSIFICATION CHART

Last Amended:            26/05/2017

[1]        OntarioMD.ca Portal User Accounts and associated access privileges shall be assigned according to the classification chart set out below.

[2]        In all circumstances, it is the responsibility of the Primary Account Holder to ensure that Portal account types and access privileges are assigned appropriately to Sponsored Account Managers or Sponsored Users. OntarioMD (either jointly or severally among its members) shall not be held liable for any direct, indirect, special, consequential or other damages that result from, or arise in connection with: this Schedule (or any document incorporated by reference) or your use or inability to properly use or refer to this Schedule.

[3]        Definitions

"Quality Improvement Decision Support Specialists" – ("QIDSS") are appointed by the Association of Family Health Teams of Ontario to "assist Family Health teams in meeting their quality improvement objectives through data standardization and extraction, information production and on-going analysis."

"EMR Vendor" and "EMR Vendor User" – are a unique class of user accounts created by Portal administrators at OntarioMD to permit Vendor access to the Portal. These are PAH and SU accounts, respectively, and are subject to the same terms as all other Portal user accounts.

[4]        Interpretation

For greater clarity, the "professional capacities/job titles" referred to by the included "Classification Chart" shall be understood and interpreted according to the reasonable and conventional understanding attributed to these terms within the medical community. The Primary Account Holder (PAH) is responsible for understanding the full meaning of, and distinguishing between, these professional capacities/job titles, even if their meaning, interpretation, or conventional/reasonable interpretation changes over time.

[5]        The PAH is responsible for ensuring that all account holders granted access to the Portal under their authority hold the appropriate professional qualifications, training, certification, or other milestones required to hold the professional capacity/job title associated with their Portal User Account. 

[6]        Classification Chart

[7]        Amendment

OntarioMD reserves the right to amend this schedule from time to time, including to add terms to, delete terms from, or otherwise amend the "Classification Chart". The PAH is responsible, at all times, for ensuring their compliance with this Schedule and to be aware of changes to the Classification Chart affecting the use of the Portal by them, or any users operating under their authority.

[8]        Notification

Any notification of changes, where necessary, will be carried out per the notification procedure set out in the OntarioMD.ca Portal User Account Agreement.