Connected Care Terms and Conditions of Use
PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY. THEY IMPACT YOUR USE OF THIS WEBSITE.
This website (the “Site”) is provided by The Hospital for Sick Children (“SickKids”, “we”, or “us”) to help home care providers across Ontario help care for children with medical complexity (“Patients”). Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon, your continued acceptance of and compliance with the following provisions. Please check back periodically as these terms and conditions may change from time to time. Your continued use of the Site means you accept those changes. If you do not agree with these terms and conditions, you should not use this Site.
All information on the Site (the "Information") is protected by copyright owned by SickKids or other contributors. Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of SickKids or other entities.
These terms and conditions relate to the Connected Care Portal, and along with SickKids’ General Terms and Conditions of Useand Privacy Statement, govern your access and use of the Site. Additional terms and conditions apply to Users who access the Connected Care Portal.
a. The Information on the Site, including but not limited to articles, opinions, and views, is provided for educational information purposes only. It is not designed or intended to constitute medical advice or to be used for diagnosis. Online resources are not a substitute for the personalized judgment and care of a trained medical professional.
b. THE SITE IS NOT FOR EMERGENCY OR CRISIS HELP. If you require emergency help, contact your local emergency services: in Ontario, call 911 or go to your local hospital emergency room. You may also call TeleHealth Ontario, a free 24/7 service of the Ministry of Health and Long-Term Care at 1-866-797-0000.
c. Any Information created by us is believed to be reliable when posted and may be changed from time to time without notice. You assume full responsibility for the use of the Information and rely on it at your own risk. The Information is not error-free. It is supplied "AS IS" and may contain typographical or other errors. Certain portions of the Information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by us. SickKids does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness, or suitability of the Information. We also expressly disclaim all warranties, representations, and conditions regarding the use of the Site or the Information. We assume no obligation to update the Information or advise on further developments concerning the topics mentioned. Reference to, or mention of, specific products, processes, or services do not constitute or imply a recommendation or endorsement by us. Neither SickKids nor the contributors of any Information are responsible for any damages whatsoever, arising out of or in connection with the use of or reliance on the Information, whether in contract (including fundamental breach), tort (including negligence), or otherwise.
a. “Applicable Laws”means with respect to any person, property, transaction, event or other matter, any laws, rules, statutes, regulations, orders, judgments, decrees, treaties or other requirements having the force of law applicable in the Province of Ontario and relating to or applicable to such person, property, transaction, event or other matter, and expressly include:
i. Personal Health Information Protection Act, 2004 (Ontario), including the regulations thereunder, as amended or replaced from time to time (“PHIPA”); and
ii. Personal Information Protection and Electronic Documents Act (Canada), including the regulations thereunder, as amended or replaced from time to time (“PIPEDA”);
b. “Connected Care Portal” means the network accessible portal used to provide you with access to the Services.
c. “Connected Care Program” means the program, funded by MOHLTC and operated by SickKids, supporting home care providers with paediatric education, consultative services and a community of practice, and includes the Connected Care Portal.
d. “Consent Directive” means a directive provided pursuant to PHIPA to a HIC by a patient or their substitute decision-maker regarding the withholding, withdrawal or reinstatement of the patient’s Personal Health Information (defined below).
e. “Consultative Services” means the real-time consultation services provided by SickKids to Users via the Connected Care Portal, through online instant messaging, video chat and telephone channels.
f. “HIC”means a Health Information Custodian, as that term is defined in PHIPA.
g. “MOHLTC”means the Ontario Ministry of Health and Long-Term Care;
h. "Patient Data”means data records related to the health of an individual patient which is transmitted over the Connected Care Portal by a User. Patient Data constitutes Personal Health Information.
i. “Personal Health Information” or“PHI”has the meaning set out in PHIPA;
j. “Personal Information”has the meaning set out in PIPEDA;
k. “Policies”mean any privacy, operational and security policies and procedures in respect of the Services, as may be set out on the Site, as they may be supplemented and/or updated from time to time.
l. “Services”means the services as described in these Terms and Conditions that are provided by SickKids and made available to Users.
m.“Terms and Conditions”means the terms and conditions set out in this document.
n. “User” means an individual who is registered with SickKids as a home care provider in the Connected Care Program with valid credentials, and who has executed a User Agreement with SickKids regarding the terms and conditions of the Services, including these Terms and Conditions.
3. Services Provided through the Connected Care Portal
a. Use of the Connected Care Portal. SickKids grants Users the right to access and use the Connected Care Portal solely for the purpose of providing or assisting in the provision of health care to their Patients.
b. Scope of Services.The Connected Care Portal is operated by SickKids to provide the following services (the “Services”) to home care providers who have enrolled and received credentials as Users:
i. The Consultative Services, via online instant messaging, video chat and telephone channels, which SickKids will undertake commercially reasonable effort to make available during the hours of operation;
ii. Access to self-directed educational resources and updates relating to paediatric home care (which SickKids may add to, remove or modify from time to time); and
iii. Access to a virtual community of practice to connect with other Users to share knowledge and approaches regarding paediatric home care; and,
iv. Assistance to Users in responding to a Consent Directive involving PHI that was disclosed to SickKids through the Connected Care Portal, as applicable.
c. You are Responsible for the Care you Provide. The information provided through the Connected Care Portal, including through the Consultative Services, is intended to aid and support Users. It is a complement to existing resources, protocols and policies, as applicable, provided by employers. This information is not a substitute for your own diligence, professional judgement and obligation to provide competent medical care. You remain professionally responsible for the care that you provide.
d. Suspension. Violation of Applicable Law or the Policies is a material breach of these Terms and Conditions and if you do so, SickKids may, in its sole discretion, restrict or suspend the Services to you. Additionally, SickKids may immediately suspend access to the Services if it reasonably believes there is a material breach of these Terms and Conditions, or circumstances that may merit such action, including a compromise of the integrity, security or privacy of any Patient Data.
4. Your Commitments
a. General Access Obligations.
i. Users will only access and/or use the Connected Care Portal if and while you have valid User-specific login credentials issued from SickKids;
ii. You will only access and/or use information obtained through the Connected Care Portal for the sole purpose of providing or assisting in the provision of health care to the Patient. You are accountable for all access and use of the Connected Care Portal using your login credentials;
iii. you will not allow any other person to access the Connected Care Portal or other Connected Care Services using your login credentials;
iv. you will take all reasonable steps to protect the Services and Patient Data from and against any unauthorized access, collection, use, disclosure, modification, retention or disposal;
v. you will not intentionally insert, into any part or component of any the Services any virus, time lock, clock, back door, disabling device or other code, routine or instruction which tends to destroy, corrupt or disable software, data or systems or allow unauthorized access thereto;
vi. You will only access and/or use the Services in accordance with these Terms and Conditions and applicable Policies; and
vii. You acknowledge that use of the Connected Care Portal is logged and that such usage and access is subject to audit and reporting.
b. Patient Consent.
i. YOU CAN ONLY SHARE PATIENT DATA VIA THE CONNECTED CARE PORTAL WHEN YOU HAVE A PATIENT’S CONSENT TO DO SO. You agree that it is your responsibility to ensure you obtain sufficient consent before you share any patient data via the connected care portal:
ii. The Consultative Services are within the Circle of Care, meaning that in many cases, consent obtained by the Local Health Integration Network (“LHIN”) when home care services are initiated allows for disclosure. However, a Patient may not have provided consent to disclosure if: (1) their previous consent has been revoked, (2) an exception to consent exists, or (3) if no consent was provided to the LHIN in relation to their care, including if their care is not funded by the LHIN; and
iii. You may access the Connected Care Portal regardless of the status of your Patient’s consent, but you agree not to disclose any PHI to SickKids without appropriate consent.
c. Representations and Warranties. By using the Connected Care Portal, each Users represents and warrants that they:
i. are a Health Information Custodian (“HIC”) or an agent of a HIC, pursuant to PHIPA;
ii. comply with all your obligations regarding Patient Data and PHI, as well as any other applicable obligations under PHIPA; and,
iii. have valid consent from your Patient to disclose any PHI that you disclose to SickKids.
5. SickKids Warranties; Disclaimers
a. SickKids Warranties.
i. SickKids warrants that the Services will be performed in a good and workmanlike manner in accordance with standards and practices reasonably applicable to services of a similar nature and that the Services will substantially comply with their applicable description.
ii. SickKids warrants that it will perform the Services with personnel who are competent and qualified to perform their responsibilities and that the Services will be performed in a good and professional manner in accordance with currently acceptable standards and practices reasonably applicable to a public hospital operating providing services of a similar nature on behalf of MOHLTC, and otherwise in a timely manner in accordance with the terms of these Terms and Conditions.
b. Disclaimers/Exceptions. In addition to any other disclaimers contained herein, SickKids makes the following disclaimers and exceptions:
i. SickKids does not represent or warrant that the Services will be error free or uninterrupted.
ii. Except as expressly provided in these Terms and Conditions, SickKids makes no warranties, representations, conditions, promises or indemnities of any kind, express or implied, statutory or otherwise:
with respect to the operation or availability of the Services; or
2. regarding the accuracy, authenticity, completeness, reliability, currency, veracity, merchantable quality or fitness for a particular purpose of the information accessible through the Connected Care Portal or the Services;
and SickKids assumes no liability for updating or advising Users of further developments regarding information accessible through the Connected Care Portal, or for any diagnostic, treatment, health care decision or any other decision or action taken by any person using the Services.
iii. Except as expressly provided in these Terms and Conditions, SickKids does not make, and expressly disclaims, any other warranties, representations or conditions, express or implied, in fact or in law, including the implied warranties and conditions of merchantable quality or fitness for a particular purpose.
c. Availability.SickKids does not guarantee continuous and uninterrupted availability of the Services, which may be suspended, limited, changed, or discontinued, temporarily or permanently, with or without notice. SickKids is not responsible for any damages, costs, liabilities, or expenses which may be incurred or suffered as a result of use or any inability to use the Connected Care Portal and/or any other Service.
6. Additional Privacy Obligations
a. Compliance with Applicable Laws.Each party agrees to comply with its respective obligations under Applicable Laws with respect to the activities contemplated by these Terms and Conditions.
b. Notification.SickKids will promptly notify a User if it becomes aware of any loss or theft of, or any authorized access or use of, Patient Data relating to that User’s Patients.
c. Training.SickKids will ensure its personnel working with the Connected Care Portal are trained regarding their obligation to protect Patient Data pursuant to these Terms and Conditions and Applicable Laws.
d. Cooperation with Complaint.SickKids will, as applicable, cooperate with Users in responding to any Patient compliant about Patient Data that relates to SickKids’ obligations under these Terms and Conditions, including any request to correct or delete PHI.
e. Acceptable Use and Limitations. SickKids will not collect, access, use or disclose Patient Data for any purpose other than as required to provide the Services, unless required under Applicable Laws. SickKids will also take all reasonable steps to protect Patient Data against any unauthorized access, collection, use, disclosure, modification, retention or disposal, and ensure that only its staff who have a need to receive, access, use and disclose Patient Data do so only in accordance with these Terms and Conditions.
f. Reporting Obligations.SickKids may use the business information of Users, and de-identified patient keys, to generate aggregated reports and statistics for internal reporting functions and mandatory reporting obligations to the MOHLTC. SickKids does not collect, use or disclose PHI as part of these reporting activities.
g. Use of Third Party Service Providers.You acknowledge that SickKids uses third party service providers to operate the Connected Care Portal. Any “personal information” (as that term is defined in PIPEDA) and PHI will be collected, stored, used and/or processed by such third party providers in compliance with their obligations under PIPEDA and PHIPA. You also acknowledge that data arising from the Connected Care Portal, including Patient Data, will be stored in a secure manner consistent with SickKids’ Policies, but may be stored outside of Canada.
In no event shall SickKids, its affiliates, its officers, directors, employees, agents, licensors or their respective successors and assigns be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, personal injury resulting from following any advice given on the Connected Care Portal, any loss or damages in the nature of or relating to lost business, lost savings, lost data or otherwise, regardless of the cause – and in no event shall any of those persons or entities be liable for damages exceeding $500.00 CDN – whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. This limitation applies even if SickKids knew of or ought to have known of the possibility of such damages.
a. Provision of Services. SickKids may, in its sole discretion, cease to provide the Site, the Services and the Connected Care Portal without liability, cost, penalty or prejudice to any other rights or remedies under these Terms and Conditions.
b. Survival. The provisions of these Terms and Conditions which by their nature require it shall survive and remain in effect until all obligations are satisfied.
9. Governing Law
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of Ontario, and agree any claim, action or proceeding shall be commenced in Toronto.
10. Entire Agreement
These Terms and Conditions, along with any Policies or User Agreement you enter, contain the entire understanding of the parties relating to their subject matter and supersede all previous agreements or understandings made between you and us.
The invalidity or unenforceability of any provision in these Terms and Conditions will not affect the validity or enforceability of any other provision, and any invalid provision will be deemed severed.
Headings will not affect the interpretation of these Terms and Conditions. Where the word “including” is used, it means “including but not limited to”. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders.
Terms of Services Last Modified February 14th, 2019