ALBERTA HEALTH SERVICES
STOLLERY MOBILE WEB APPLICATION
TERMS AND CONDITIONS
Last updated August 17,
2021. Replaces all prior versions.
Welcome
to the Alberta Health Services Stollery Mobile Web Application and User
Community (the “Application”) which is
provided by Alberta Health Services (“AHS”)
and made accessible via a mobile web application. AHS developed the Application
to allow patients receiving treatment from the Stollery Congenital Heart
Program (the “Program”), along with
their family and friends, to access information and resources about the
patient’s journey through the Program. In order to access the Application you
must first create an account (“Account”).
These Stollery
Mobile Application Terms and Conditions ("Agreement”) govern your (“You”
or “Your”) use of the Application
and participation in the activities made available in the Application.
1.
Your Agreement with AHS.
1.1
You must agree to
the terms and conditions of this Agreement by clicking “I Accept” and
successfully complete the registration process. By registering and clicking “I
Accept” at the end of this Agreement, You acknowledge you have read,
understand, and agree to these terms of use and to be legally bound by them. By
creating Your Account and using the Application, You agree the terms and
conditions of this Agreement govern Your activities and participation in the
Application. If You do not agree to the terms and conditions of this Agreement,
discontinue your use of the Application.
1.2
The Application
is not intended for children under 18 years of age. By using the Application,
You are representing that you are at least 18 years of age. If you are entering
into this Agreement in relation to a patient who is under the age of 18 years
or otherwise lacks legal capacity to enter into this Agreement on their own
behalf, You hereby represent and warrant to AHS that you have legal authority
as that patient’s legal guardian or other legally authorized decision maker to
collect, use and disclose that patient’s identifying information, and You agree
that You assume and accept all legal responsibility and liabilities in relation
thereto.
1.3
AHS may change or
amend this Agreement from time to time upon notice to You. You will be asked to
agree to an updated Agreement if You wish to continue to use the Application. Your continued use of the Application means You
agree to any such changes or amendments. If You do not agree to the changes or
amendments, discontinue using the Application.
2.
Your Privacy and Consent to Collection and Storage of
Health Information.
2.1
AHS respects Your privacy and seeks to maintain the
confidentiality of Your personal and health information in accordance with
Alberta’s privacy legislation, which
includes the Freedom of Information and
Protection of Privacy Act (Alberta) ("FOIP") and the Health
Information Act (Alberta) ("HIA"),
and
our privacy policies (“Policies”) located
at www.albertahealthservices.ca/210.asp and http://www.albertahealthservices.ca/7451.asp, as amended
from time to time. By agreeing to the terms of this Agreement, you indicate
that you have read, understood and accept our Policies.
2.2
AHS supports the
right of individuals or their authorized representatives to access and request
corrections to their personal and health information, subject to any specific
restrictions in the applicable privacy legislation.
2.3
AHS will not
collect, access, use or disclose personal or health information in any manner
that is not in accordance with FOIP, HIA or the Policies. AHS may disclose
personal or health information for approved purposes as authorized by FOIP
and/or HIA.
2.4
The Application
may collect personal or health information when You voluntarily complete any
online application, request form or survey, or voluntarily choose to post
personal or health information using the My Journey community pages. Personal
or health information collected will only be used for the stated purposes, to
help AHS support Your use of the Application and to enable AHS to improve and
modify the Application so that it continues to be suitable for the needs of the
user community.
2.5
Your identifying
information is collected directly from you for the purpose of allowing You to
participate in the User Community supported by the Application, pursuant to
section 33(c) of FOIP and in accordance with section 34 of FOIP and sections
18-24 of HIA, as applicable. Your identifying information will only be used and
disclosed as necessary and essential for Your use of the Application and in
accordance with sections 39 and 40 of FOIP and sections 27 and 35 of HIA.
2.6
Any information
collected such as Your internet protocol address, web browser and pages
accessed is used internally by AHS in an aggregate form, to help AHS manage and
improve the content and to diagnose technical problems of our Application to
better serve You.
2.7
If You have
general questions about AHS please contact General Inquiries at 1-780-613-8811
or email us at AHS.Info@AHS.ca. If you have questions concerning the Policies
and AHS’ privacy practices, please contact a Privacy Advisor by telephone at
1-877-476-9874. You may also write to Privacy at: 10301 Southport Lane SW;
Calgary, Alberta, T2W 1S7 or email us at privacy@albertahealthservices.ca.
2.8
AHS reserves the
right to monitor Your use of the Application and to conduct such audits as
necessary for compliance with this Agreement and applicable laws. AHS may in
its sole discretion elect to suspend or deactivate Your Account and initiate an
investigation should abuse of the Application by You or by any person You
authorize to use the Application, be suspected.
3.
Conditions and Restrictions on Your Use of the
Application.
3.1
There are no fees
to use the Application or to participate in the User Community. However, in consideration for AHS making the Application
available to You, You agree to:
(a)
comply with the
Policies as may be amended by AHS from time to time;
(b)
safeguard the
security and confidentiality of Your password information for the Application to
prevent unauthorized access to or use of Your Account;
(c)
You acknowledge
and agree that You are solely responsible to maintain the confidentiality of
the Account and passwords you use to access the Application and further agree
that AHS has no obligations with regard thereto;
(d)
You must not
select or utilize a user name for Your Account (i) of another person with the
intent to impersonate that person, (ii) in which another person has rights, if
you do not have that person's authorization to use such name, or (iii) that AHS
in its sole discretion deems offensive, has been created for fraudulent
purposes or is intended to mislead or misrepresent or is the same or
substantially similar to the name of another Account;
(e)
You will not
disable, impair, or destroy the Application or other elements of the Application
or upload, transmit, store, or make available any content or code that contains
any viruses, malicious code, malware, or any components designed to harm AHS’ information;
(f)
You will not
copy, tamper with, replicate or reverse engineer all or any part of the Application;
and
(g)
You agree You
will not use the Application or Your Account in any manner that violates any
laws. You will not attempt to disable, spam, or interfere with the proper
function of the Account. You will not upload viruses or malicious content, or
tamper with the system in any manner.
You agree that AHS is not liable for any
loss or damage arising from Your use of the Application or use or access by
other persons as authorized by You, or Your failure to comply with this
Agreement or for any unauthorized access by others to information You have
entered or asked to be entered in the Account. Immediately report any loss or theft of Your Account or password
information emailing StolleryStrive@ahs.ca.
3.2
Support Assistance. You may obtain support assistance for Your Account by emailing StolleryStrive@ahs.ca. Support provided
by AHS is subject to the following:
(a)
support provided
by AHS specifically for the Application is limited to initial setup,
troubleshooting of connectivity issues with the Application and assistance with
resetting passwords for Your Account;
(b)
AHS does not
provide hardware support for Your mobile device. You must contact Your wireless
service provider to obtain hardware support for Your mobile device;
(c)
AHS and third
party vendors who provide services for the Application on behalf of AHS may be
required to communicate with You from time to time on behalf of AHS, using
electronic and other means, to facilitate the Application. By entering into
this Agreement, You consent to receipt of such communication which may include
sending commercial electronic messages on behalf of AHS such as notifications
to remind You to install and update Your anti-virus, security and malware
protection software. You may withdraw your consent to receipt of such
communications by emailing StolleryStrive@ahs.ca, However, as
this is a key requirement to maintaining the functionality of the Application,
if you withdraw your AHS must deactivate Your Account;
(d)
You agree to
notify AHS immediately of any suspicious activity within Your Account. AHS is
not liable for any loss or damage arising from Your failure to monitor Your
Account;
(e)
AHS is not
responsible for reinstating access to Your Account or Your Content in the event
You forget or lose access to the email address used to enroll for the
Application; and
(f)
AHS may alter the
features of the Application and/or revoke parts or all of the Application at
any time, upon notice to You.
3.3
Respect for AHS Staff, Patients and Visitors. Patients/clients
and visitors using mobile wireless devices or other recording devices to take
photographs, videos, or audio recordings in an AHS facility are required to
respect the privacy of AHS representatives and other patients and visitors and
otherwise comply with FOIP, HIA and all applicable Policies. You must not
record in the Application any identifying information of individuals, including
without limitation their personal or health information as defined under FOIP
and HIA, who do not give their express written and informed consent to being
recorded and having their identifying information collected in the Application..
4.
AHS Intellectual Property
4.1
You agree and
acknowledge that AHS and its licensors own the proprietary rights and all title
and all legal interest in and to the Application and to the content AHS posts
in the Application (the “AHS Content”),
together with AHS’ name, logos and other marks (the “AHS Marks”) as well as all related intellectual property rights and
any changes, modifications, enhancements and derivative works to such
intellectual property (collectively the “AHS
Intellectual Property”).
4.2
The AHS
Intellectual Property is protected by copyright, trade-mark and other
proprietary rights of AHS or third parties. Except as expressly permitted in this
Agreement, no portion of the AHS Intellectual Property, including without
limitation trade-marks, trade names, marks, brands and logos, may be reproduced
in any form, or by any means, without prior written permission from AHS or the
applicable third party. Any unauthorized downloading, redistribution,
retransmission, copying, modification or commercial use of the AHS Intellectual
Property may be a violation of federal or other law and could result in legal
action.
4.3
Subject to the
preceding paragraph, AHS grants to you a limited license to display, print and
use the AHS Content solely for your personal, non-commercial use. Such license
is revocable by AHS at any time at the sole option of AHS. In consideration of
this limited license, You shall ensure that all copyright, trade-mark and other
proprietary notices are retained on any copy of AHS Content in the same form
and manner as on the original.
5.
Your Content and Granting of Access to Others by You
5.1
The Application
enables posting Your own information, photographs, videos and other content as
well as allows for uploading content and/or sending of a file from your device
to the Application and You may enter, upload, store, and access personal and
health information to the Application, including copies of documents, records,
and images (collectively referred to as “Your
Content”). You are solely responsible for choosing whether or not to enter
or to upload Your Content and the persons with whom you elect to share Your
Content. AHS does not own Your Content, nor does it claim any right, title or
licence to access, use or disclose Your Content, has no responsibility or
liabilities regarding the same and AHS does not expressly or implicitly endorse
any of Your Content.
5.2
You represent and
warrant that You have the legal right and authority to upload Your Content to
the Application. AHS accepts no
liability or responsibility in the event that You did not have the legal right
and authority to upload any of Your Content to the Application.
5.3
AHS agrees and
acknowledge that You and your licensors retain all ownership rights in and to
Your Content.
5.4
AHS will not tolerate the use of its Application to
collect, use, disclose or otherwise process information that could violate this
Agreement, its Policies or applicable laws. You agree and acknowledge that AHS
may, at any time and in its sole discretion, delete or remove any of Your
Content that AHS determines to be in breach of this Agreement, the Policies or
applicable laws.
5.5
If You choose to
use the functionality in the Application to grant access to other individuals
to view Your Content, by entering into this Agreement You are expressly
providing consent and authorization to AHS to allow those other individuals to
access Your Content within the Application. Any sharing of information via the
Application is done entirely at Your own risk. AHS is not responsible or in any
way liable for Your choices in respect of the same, or for any collection, use,
or disclosure of any of Your Content or the AHS Content shared from the
Application by those to whom you have granted access, including any health
services providers.
6.
Links to Third Party Materials
6.1
This Application
may contain links to websites and servers maintained by third parties over whom
AHS has no control. These links have been provided solely as a convenience for
users of the Application and do not constitute an endorsement by AHS of the
content of such third party sites. AHS makes no representations or give any
warranties regarding the content or accuracy of materials on such third party
websites.
7.
Disclaimers; Indemnity; Liability
7.1
Unless expressly
provided in this Agreement, the Application is provided 'as is' and AHS
disclaims all representations, warranties and conditions, express or implied,
including the implied warranties of non-infringement, merchantability and
fitness for a particular purpose. AHS does not warrant that the Application
will be constantly available, uninterrupted, timely or error-free. Your sole
remedy against AHS in relation to the Application is to stop using the Application.
7.2
No party is
liable to the other for any lost profits, special, incidental, exemplary,
indirect or consequential loss or damages in connection with this Agreement.
7.3
You agree that You
are liable for and will indemnify and hold harmless AHS and those for whom AHS
is responsible ("Others")
from any and all claims, suits, actions, demands or proceedings that could give
rise to damages, losses, costs, expenses
and liabilities which AHS or the Others may incur or pay resulting from any
act, omission or error by You or those authorized to access and use the
Application by You,in connection with the Application (whether arising by breach,
tort, indemnity, strict liability, negligence or otherwise).
8.
Medical Disclaimer
8.1
The information
accessible in the Application is provided for general information purposes
only. The information in the Application is not intended to replace
consultations with a health care professional or to provide health services, medical
advice, diagnosis, treatment or care Always seek the advice of a physician or
other qualified health services provider if you have any medical or health questions or concerns.
Never disregard professional medical advice or delay in seeking it because of
something you have read or observed by using or accessing the Application.
8.2
The Application
is not intended for urgent matters or for use in emergencies. If you have an
emergency, call your health services provider(s) directly, go to the nearest
emergency room, and/or call 911.
9.
Termination.
9.1
This Agreement
shall commence upon your enrolment in the Application and shall continue in
effect unless terminated in accordance with this Section.
9.2
You may deactivate
Your Account at any time by emailing AHS at the following email address: StolleryStrive@ahs.ca. You understand
and agree that AHS has no obligation to provide to You a copy or copies of Your
Content once Your Account is deactivated.
9.3
If AHS decides to
discontinue making the Application available for any reason, AHS may terminate
this Agreement by providing You with thirty (30) days notice and will
deactivate Your Account after such thirty (30) day notice period.
9.4
AHS may also terminate
this Agreement and deactivate Your Account,
(a)
immediately and
without notice to You if You breach any provision of this Agreement, the
Policies or any applicable laws, or AHS reasonably believes that You do not
intend to, or are unable to, comply with this Agreement, Policies or applicable
laws;
(b)
as may be required
by applicable laws; or
(c)
without notice to
You if you have not accessed Your Account for 365 consecutive days.
9.5
Those provisions
which by the nature and intent of which is to survive termination of this
Agreement, shall survive any expiration or termination of this Agreement. Neither
the expiration nor the earlier termination of this Agreement will release AHS
or You from any obligation or liability which accrued prior to such
termination.
10.
General Provisions.
This Agreement is governed by the laws of the Province of Alberta
and the federal laws of Canada applicable in the Province of Alberta and each
party submits to the exclusive jurisdiction of the Alberta courts and tribunals
in the Province of Alberta with jurisdiction over the subject matter. This is the entire agreement between you and AHS relating to
the Application and supersedes and replaces all prior agreements,
representations and warranties. If any provision of this Agreement is
determined to be invalid or unenforceable by any court of competent
jurisdiction, the remaining provisions of this Agreement continue in full force
and effect. Any express or implied consent by AHS to, or waiver of, a breach of
this Agreement by You shall not constitute a consent to, or waiver of, any
other or subsequent breach. You may not assign or otherwise transfer
this Agreement or your rights and obligations as set out herein without AHS’
written consent.
11.
Acceptance
By
clicking the “Accept” box You acknowledge You have read and understood the
above terms of use and agree you are bound by this Agreement.
© 2020 Alberta Health Services.
