YourCare: Terms of Use

1. Acceptance of Terms of Use

Welcome to the YourCare portal, provided by Insig Corporation “(Insig”, “we”, “us”, our“). The following terms of use (these “Terms of Use”) constitute a legal agreement between you (the “User”) and Insig (Suite 200 – 322 Water Street, Vancouver, BC, V6B 1B6, www.insig.ca). These Terms of Use govern your use of the YourCare portal (https://yourcare.health, the “Portal”) and the associated “Services”. For clarity, these Terms of Use set out circumstances in which you may use the Portal on behalf of a minor and where you are doing so, references to “you” and “your” in these Terms of Use include the minor or other individual listed in your account.

By using the Portal, you represent and warrant that you are the legal age of majority in your province or territory of residence. If you are not of the age of majority in your province or territory of residence, you must not access or use the Services unless your parent or legal guardian uses them for you on your behalf.

By using the Portal, you acknowledge and agree to be bound to these Terms of Use. If you do not agree to these Terms of Use, you must immediately cease accessing the Portal and participating in any Insig program,

 

2. Modifications to the Portal and Terms of Use

We reserve the right to make changes to Portal and to these Terms of Use at any time without prior notice. Insig may immediately terminate or restrict your access to the Portal or participation in any program, at any time, for any reason. Any and all such changes or decisions are effective immediately and apply to your continued use of the Portal. We will require you accept these changes when accessing the Portal for the first time, but you should also periodically review these Terms of Use as you use the Portal.

 

3. Your Account and the Services

The Portal enables healthcare providers (“Providers”) who use OSCAR Pro and Insig Health software to provide patients with the ability to view their clinical medical records and related data about their care (the “Patient Records”). The Portal does not provide any healthcare or telehealth services.

In order to use the Portal, you must create a password-protected YourCare account. You are responsible for safeguarding the confidentiality of the password that you use to access the Portal. This includes never disclosing your password to any third party.  You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account on our Services, by emailing info@insighealth.com from your registered email address.

The Portal supports connectivity to Apple’s Health Records on iPhone, which means that with your permission, you can use your Portal account to securely download some of your personal health information from participating healthcare organizations.

For more information on how Apple protects user privacy when they use Health Records: https://support.apple.com/en-ca/HT209519.

 

4. Security

You shall not attempt to circumvent or violate the security of the Portal, including, without limitation by:

  • attempting to breach or breaching any security or authentication measures, such as attempting to access another user’s account;
  • restricting, disrupting or disabling service to the Portal’s hosts, servers, or networks;
  • illicitly reproducing any of the Portal’s TCP/IP packet headers;
  • disrupting network services and otherwise disrupting our ability to monitor the Portal;
  • using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, copying, or mining any of the material on the Portal;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that are malicious or technologically harmful;
  • attacking the Portal via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
  • otherwise attempting to interfere with the proper working of the Portal.

 

5. Intellectual Property Rights and Ownership

The Portal contains graphics, images, artwork, information, software, code, text, images, video, and audio (the “Company Content”). The Portal and all Company Content are the property of Insig or its licensors, and are protected by Canadian and international intellectual property laws including, without limitation, copyright, trademark, patents, or trade secret.

Subject to and conditional upon your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, limited license to access our Portal and use Company Content for the sole purpose of accessing your Patient Records. Except as expressly authorized by these Terms of Use, you may not otherwise download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Company Content except as supplied to you by Insig in the form of the Portal and Services.

The Insig and YourCare names and logos, and all related names, logos, product and service names, designs, images, and slogans are owned by Insig or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Portal are the trademarks of their respective owners. Use of any such property, unless authorized by us in writing, constitutes an infringement or violation of the rights of the trademark owner and may be a violation of federal or other laws and could subject you to legal action. You shall not delete or alter any copyright or trademark notices from copies of the Company Content.

 

6. User Standards and Acknowledgment

As a condition of your access to and use of the Portal, you agree that you shall only use the Portal for lawful purposes and in accordance with these Terms of Use.

While using the Services, you agree not to:

  • Impersonate any person or entity, or otherwise misrepresent your affiliation with another individual;
  • Link to, mirror or frame any portion of the Platform;
  • Violate any applicable federal or provincial laws or regulations; or
  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as determined by us, may harm Insig or the Services’ users, or expose them to liability.

By using the Portal, you acknowledge that you understand and agree that:

  • The Portal enables you to view clinical medical records and related data about your care from certain Providers. The Portal does not provide medical services. Further, use of the Portal does not in anyway make Insig a party to the relationship between you and your Provider for healthcare services;
  • Insig is in no way liable or responsible for any information contained in your medical records, and is not required, or under any obligation, to facilitate the correction of any information within your medical record. Requests for corrections should be directed to your Provider; and
  • There are risks associated with the use of the Portal and that the Portal may not show your entire medical record, or the medical record and the Portal’s contents may include errors, typos and photographic error. Questions about the completeness or accuracy of your medical record be directed to your Provider.

 

7. Services Monitoring and Enforcement, Suspension, and Termination

We reserve the right, without provision of notice, to:

  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services;
  • Terminate or suspend your access to all or part of the Portal and Services for any reason, including, without limitation, for any violation of these Terms of Use.

You may deactivate your YourCare account at any time, for any reason, by logging in to your account at: https://yourcare.health. Please see our Privacy Policy as it relates to the retention of personal information.

 

8. Third party websites

The Portal may contain links to third-party websites. These links are provided for convenience only and not an endorsement by us of any third-party website and its content. Unless specifically stated, we do not operate any third-party websites and we are not responsible for any content, nor do we make any representation, warranty or covenant of any kind regarding any third-party website

 

9. Privacy

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which is available at https://yourcare.health/privacy-policy.

 

10. Disclaimer of Warranties

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER INSIG, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER INSIG NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICES ATTACK, DISTRIBUTED DENIAL-OF-SERVICES ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES.

 

11. Limitation on Liability

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE SITE.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL INSIG, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

IN ADDITION TO THE ABOVE, INSIG IS NOT LIABLE FOR ANY FALSE, INCORRECT OR MISSING INFORMATION CONTAINED IN YOUR MEDICAL RECORD, OR FOR ANY INFORMATION STORED OR RECORDED BY YOUR COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE PORTAL.

 

12. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Insig, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms of Use.

 

13. Governing Law and Choice of Forum

The Services and these Terms of Use will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Services and under these Terms of Use will be instituted in the courts of the British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

14. Non-Assignment

These Terms of Use are between you and Insig and are not assignable or transferable expect with the express written consent of Insig, which may be unreasonably withheld. Insig may assign or transfer any of its rights or obligations within these Terms of Use without your consent.

 

15. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

16. Severability

If any term or provision of these Terms Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

17. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

18. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Insig regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services.

 

Contact Us

If you have questions about YourCare or Insig, you can contact us at support@yourcare.health