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.
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 email@example.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.
You shall not attempt to circumvent or violate the security of the Portal, including, without limitation by:
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.
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
While using the Services, you agree not to:
By using the Portal, you acknowledge that you understand and agree that:
7. Services Monitoring and Enforcement, Suspension, and Termination
We reserve the right, without provision of notice, to:
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
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.
13. Governing Law and Choice of Forum
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
18. Entire Agreement
If you have questions about YourCare or Insig, you can contact us at firstname.lastname@example.org