Privamed Clinics Patient Portal Terms and Conditions
Dernière mise à jour : 2017-03-20
SERVICE AGREEMENT FOR THE SERVICES OFFERED BY Clinique Privamed Inc. via the patient portal created and operated by Medfar solution
PLEASE READ CAREFULLY THE PROVISIONS OF THIS AGREEMENT.
BY SUBSCRIBING TO A SUBSCRIPTION FOR YOU OR FOR A THIRD PARTY, BY BEING SUBSCRIBER TO PRIVAMED BY YOUR OWN SUBSCRIPTION OR THROUGH THIRD PARTY, OR SIMPLY ACCESSING THE SITE, YOU AGREE, WITHOUT RESTRICTIONS OR LIMITATIONS, TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ITS PROVISIONS, INCLUDING THE DISCLAIMERS CONTAINED THEREIN.
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME.
1."Subscription" means the process by which a person takes out a subscription with Privamed for themselves and possibly for others. The "Subscriber" means a person who makes a subscription.
- "Package" means the package that has been chosen to access Privamed's Online Services. There are different packages and in particular, without this list being exhaustive: the Solo Subscription (one Subscriber), the Duo Subscription (two Subscribers) and the Family Subscription (from three to six Subscribers with a maximum of two people). twenty-one years or more).
- "Subscriber" means a person who is registered in a Subscription with Privamed, following a subscription made by him or by a third party. Only Subscribers aged 14 and over can have a Subscriber Number and Password.
- "Administrator" means one of the Subscribers of the Subscription who is the administrator of the Subscription. He must be 18 years of age or older and is responsible for managing the Membership. You cannot be a administrator if you are not a Subscriber. By default, the Subscriber becomes the Account administrator at the time of Subscription.
- "Subscriber Number" means the unique username of a Subscriber given by Privamed. It corresponds to the username that must be used in conjunction with the password to connect to the Site.
- "Password" means the personal password of a Subscriber as chosen by the latter.
- “Network” means Privamed's network of medical clinics.
- "Clinic" means one or more medical clinics of the Network where the Subscriber is treated.
- “Online services” designate all the services provided by Privamed to its Subscribers by means of the Site, free or not, which includes, without this list being exhaustive: making an appointment via the Internet for a consultation in one of the Network's clinics, access to the EHR and any other content disseminated by the Site.
- "Member or Patient" means any person who is registered in the Network.
- "EHR" refers to all of a patient's medical information (electronic health record)
- "Profil" means all of the identifying information of a Subscriber in accordance with what is found in the Members' index and which the Subscriber can view or modify on the "my profile" page of the Site.
- “Bank Card” means credit cards and debit cards which allow online payment.
The Services are made available to you by Privamed provided that you accept, as a Subscriber or as a visitor to the Site, the present terms and conditions of the agreement as set out herein.
By taking out a Subscription for you and for a third party, you confirm to Privamed that you are 18 years of age or over and that you agree to each of the conditions provided for in this agreement. You understand that a Subscription must have a administrator in order for the Services to be accessible online and that during the Subscription you will be appointed as the administrator. If a Subscription runs out of administrator, the Services will no longer be available.
As Subscription administrator, you also agree that Privamed reserves the right to terminate these Services at any time, either generally or for one of the Subscribers of your Subscription in particular. If you disagree with these terms of service, do not use the Site and request publication of your EHR. If you have been registered as a Subscriber by a third party and you disagree with this agreement, do not use the Services and do not log on to the Site. It is your responsibility to ask the administrator or directly to Privamed, the possible removal of your name from the list of Subscribers, but if you log on to the Site, you confirm to Privamed that you are 14 years old or over and that you consent, as a non- administrator Subscriber, under each of the conditions provided for in this agreement.
You can subscribe to a Subscription by one of the means below:
Note that subscription to the patient portal of Privamed clinics allows you to have access to your electronic health record, online appointment booking in one of our clinics as well as consultations at preferential rates. Subscription is not compulsory and you can always see a doctor without subscribing to online services.
You can subscribe to a Subscription by one of the means below:
-Directly online from the Site.
-By calling one of the Network clinics directly.
Payment for a subscription can be made on an annual or monthly basis. Subscriptions are always for a period of one year, renewable by tacit agreement.
The choice of the type of Subscription is made at the time of Subscription. Subsequently, only the administrator can change the type of Subscription.
For an increase in the Subscription, the change will not take effect until after receipt of the difference in proportion to the remaining term for the current Subscription.
For a reduction in the Subscription, the change will not take effect until the subscription renewal date.
All changes must be requested by the administrator at your Privamed clinic.
PAYMENT AND RENEWAL CONDITIONS :
Subscription rates with applicable taxes are available on the Site or by calling one of the Network clinics by phone.
Online payment and automatic renewal of the Subscription can only be done by Credit Card. Payment by any other means can only be done at a Clinic.
By paying by Credit Card, you guarantee that you are the account holder of the Credit Card to which the Subscription costs will be charged and that the information required to collect the Subscription fees is valid. It is your responsibility to update, on the Site or by telephone, any changes in your profile or in the information of the credit card account and in particular the expiration date before it has passed.
Unless you terminate your Subscription, in accordance with these terms of service, the annual cost of renewing your Subscription will be deducted from your Bank Card on the anniversary date of the subscription.
For a monthly renewal, a monthly debit will be made on your bank card each month from the anniversary date of the subscription.
Failure to re-subscribe will reduce the Services and all subscribers to the subscription will no longer be able to book online appointments and access their EHR.
The invoicing of your Subscription with applicable taxes is done by Privamed on behalf of the Subscription Manager. The initial invoice and subsequent invoices are sent by email and are accessible from the Site, via the Manager's file. Any request for the sending of a paper invoice could result in invoicing costs.
The information provided in your EHR (laboratory results, x-rays, consultations, etc.) is provided for informational purposes only. No representation or warranty, express or implied, is made by Privamed as to the accuracy, quality and completeness of this information, information and data. Each Subscriber accepts and acknowledges that the information, information and data provided by one or more providers may include opinions and recommendations, but that Privamed cannot be held responsible for the opinions and recommendations contained in your EHR.
It is your responsibility to request explanations, information, advice or corrections about your EHR from your clinic.
The EHR contains a certain amount of information about the state of health of each Subscriber, including personal and confidential information. Each Subscriber must open his EHR, if he wishes this information to be available on the Site.
Each Subscriber aged 14 and over can decide whether or not to share their EHR information with other Subscribers of the same Subscription. Each Subscriber is fully responsible for authorizations to access the EHR that he grants to other people in his Subscription. Authorizations are managed on the Site by each Subscriber individually, except for persons under 14 years of age, whose management is carried out by the administrator. Privamed cannot be held responsible for unwanted access to the EHR, following an error made by one of the Subscribers in the management of authorizations.
ADMINISTRATOR; MANAGEMENT OF AUTHORIZATIONS AND DISPUTES.
Each Subscription has one and only one Manager who must be 18 years of age or over, whether acting for itself or for a third party under a power of attorney. There must imperatively be a adminstrator chosen from among the Subscribers of the Subscription for the Privamed Online Services to be accessible. By default, the Designated administrator, the person who makes the initial Subscription. Subsequently, the administrator may designate another Subscriber of the same Subscription as the new administrator, but he must request the change by calling his Clinic or Privamed and cannot do so on the Site.
The administrator is responsible for paying for the Subscription and for regularizing the situation of each Subscriber. If a Subscriber has an unpaid bill at one of the Network's clinics, access to making an appointment via the Internet will be interrupted for all Subscribers of the same Subscription. It is up to the administrator to regularize the situation by contacting his Clinic directly. The administrator systematically has access to all the information of Subscribers under the age of 14, for which he manages the authorizations for sharing information. Subscribers under the age of 14 do not have personal access to the Services. Each Subscriber aged 14 or over has his own access to the Services with his own Subscriber Number and his own password, and he alone decides whether or not to share the information with another Subscriber of his Subscription. Information sharing permissions are managed on the Site by each Subscriber individually. Privamed cannot be held responsible for unwanted access to information, following an error made in the management of authorizations.
After the Subscription, if the information is complete with in particular an email address specific to each Subscriber of the Subscription, an email will be sent to each Subscriber individually, with the exception of Subscribers under the age of 14, with his Subscriber number. which serves as an identifier for connection to the Site and a temporary password.
When opening a session for the first time, each Subscriber must choose a personal password to replace the temporary password that has been assigned, and follow the instructions for connecting to the Site before having access to the information. By accessing information on the Site, each Subscriber signifies and guarantees to Privamed that the information in his profile is complete, precise and true.
Each Subscriber is responsible for maintaining the confidentiality of his username, that of his password and that of his access to his emails. Each Subscriber will be held responsible for any modifications or data extractions made when opening a session using their username and password, whether or not these events have been approved by them. Each Subscriber is required to notify Privamed as quickly as possible for any unauthorized use of his username and password. Privamed cannot be held responsible or liable, directly or indirectly, for any type of loss or damage incurred by the failure of a Subscriber to comply with the constraints of this article.
Each Subscriber agrees not to choose a password that can be easily discovered, such as date of birth or otherwise, and to change it from time to time in order to reduce the risk of unauthorized use. Each Subscriber agrees not to disclose his password to anyone, in any way, nor to include it in any easily accessible document.
Conditions OF TERMINATION OF SUBSCRIPTION BY PRIVAMED
Privamed reserves the right to suspend or terminate a Subscription, at any time, without particular justification and for all kinds of reasons including without limitation: the bank card account is invalid; the Privamed Subscription contains incorrect or missing information; Privamed was unable to receive payment; Privamed has determined, at its own discretion, that a Subscriber's use of the Site or Online Services has, or has been, contrary to these terms of service; Privamed suspects illegal or inappropriate use of the Services.
Any such termination does not deprive Privamed of its rights and of the remedies which will continue after termination. Reservations, limits of liability, compensation will continue to be applicable after termination or expiration of the Subscription.
TERMINATION OF THE SUBSCRIPTION BY THE MANAGER AND REFUND POLICY
The Manager can terminate the Subscription at any time directly on the portal or by making the request by telephone at a Network clinic.
Any termination of a Subscription, whether annual or monthly, will take effect on the renewal date of the current Subscription and will apply to all Subscribers of the Subscription. The termination of a Subscription will be without the possibility of partial refund.
As soon as the termination takes effect, Subscribers will no longer be able to make an appointment online and the EHR will no longer be accessible.
Any loss of a part of the Online Services which is independent of Privamed, will not give rise to any compensation or partial refund.
Immediately after the Subscription, and for a first Subscription only, the Manager has a period of seven (7) days to cancel his Subscription and request a refund by calling Privamed. However, during this period of seven (7) days, no appointment must have been booked by one of the Subscribers of the Subscription with a Clinic of the Network. Whether the appointment has been canceled or not, any request for reimbursement will then be refused by Privamed.
Privamed uses a secure internet connection to ensure the confidentiality of information circulating on the internet. Privamed does not send any information by email other than invoices, renewal notices and appointment confirmations. Regarding EHR information, the only email Privamed sends to Subscribers informs them that there is a new message in their message box on the Site. To access the corresponding information, Subscribers must identify themselves on the Site with their password. All Subscribers agree that the use of the Online Services is at their own risk and that Privamed cannot be held responsible for any loss of confidentiality of the information provided to them.
Privamed reserves the right to modify its prices, without justification, and without date constraint. The Manager will be informed by email from Privamed which will indicate at least one month in advance, the new rates. Current Subscriptions will not be affected by price changes for the remainder of the Subscription until the expiration date.
TRADEMARKS AND COPYRIGHT
Each Subscriber acknowledges that all information, information and data provided by the Online Services are the property of Privamed and / or its information providers, who are protected by the laws relating to copyright, trademarks. , service marks or other applicable laws or any other applicable intellectual property rights. Any downloading, retransmission, reproduction or modification must be done only with the prior consent of Privamed and / or the appropriate information providers except any reproduction for personal purposes, otherwise the Subscriber who engages in such operations is liable to legal proceedings.
Each Subscriber agrees that the information, information and data he receives are for personal use only or for medical information purposes and that in all other cases he may not retransmit or otherwise provide information, intelligence and data to anyone. Each Subscriber acknowledges that information, intelligence and data are and remain the property of Privamed and / or its information providers.
All names, services, phrases, designations, icons, words or the like may be brand names, trademarks or service marks of their respective owners who may be licensed to use. The presence of brand names, trademarks or service marks does not imply that any license has been granted to anyone.
LimitATIONS OF LIABILITY
- Neither Privamed, nor its directors, officers, employees or agents, nor any information provider can be held responsible for the following:
1.1. any inaccuracies, errors, delays, interruptions or omissions in information, information and data;
1.2. any loss or damage caused, in whole or in part, by contingencies beyond their control with regard to the obtaining, interpretation, compilation, writing, editing, presentation or delivery of information, intelligence and data through the Services;
1.3. technical failures in hardware or software of any kind, network interconnections interrupted or unavailable, or computer data transmissions that fail, are incomplete, distorted or delayed, whether the cause is attributable to the Subscriber, to a Subscriber, to Privamed or to a third party or to any part of the equipment or programming relating to the Online Services.
1.4. any decision or action taken by a Subscriber as a result of information, intelligence or data obtained through the Services.
- Notwithstanding the foregoing, each Subscriber agrees that the liability, if any, of Privamed, its directors, officers, employees or agents and its information providers arising out of any type of legal action relating in any way. either for the Online Services cannot exceed the sum that has been paid to Privamed for the Subscription to the Services.
- Each Subscriber agrees that Privamed, its directors, officers, employees and agents, and its information providers will not be liable for any loss or damage arising from any cause beyond their control, including, but not limited to, facts or omissions, customer failure. electronic or mechanical equipment or communication lines, telephone, electronic or other connection difficulties, unauthorized access, theft, power outages, labor disputes or state intervention. This clause does not derogate from the obligation of the Clinic, which alone is responsible for ensuring the maintenance of the medical file, its updating and its conservation under the conditions described by its professional order.
- Privamed, its directors, officers, employees and agents and its information providers can in no way be held liable for direct, indirect, special, consequential or incidental damages and, in particular, for any operating loss, no loss of profit, nor any loss of possible economic benefits, arising from the use or misuse of the Online Services, or the information, documents or content of the Site, even if they have been informed the possibility of such damages, nor of any action brought by any other party. Privamed makes no warranty, either express, implied or legal, with respect to Online Services, including information from its suppliers. In particular, but not limited to, Privamed does not grant any guarantee as to the punctual, truthful, sequential, complete, exact or continuous nature of the information, information or data transmitted or exchanged; furthermore, Privamed makes no warranty, express or implied, of conformity for any particular use or use of such information, information or data.
- Privamed, its directors, officers, employees and representatives cannot be held liable for any damages that may result from acts or gestures taken on the basis of the information contained in the Online Services, nor for damages suffered as a result of the disclosure of personal or confidential information transmitted to us over the internet.
Although Privamed and its suppliers make all reasonable efforts to ensure that the content of the Services is free from computer viruses and other harmful elements, each Subscriber agrees that he is solely responsible for taking the necessary precautions to protect his computer. and its components, and any software that it uses, in particular by the use of protection software or by the production of a back-up copy of any data that it wishes to protect against such perils.
Each Subscriber hereby agrees to hold Privamed, its suppliers, directors, officers, officers, employees or agents harmless from any claim by any person arising from unauthorized use of the Site or from a breach of any of the other of the terms and conditions of this agreement.
Privamed may modify, from time to time, the terms and conditions of this agreement or any other conditions of use of the Services, without any prior notice, other than that provided by posting on the Site in the "terms and conditions" menu with the date of update.
The amendments will come into force on the update date. Each Subscriber who disagrees with the new amended agreement can then cancel the renewal of his Subscription under the conditions described in this agreement.
Each Subscriber agrees to be solely responsible for the use of the Services and agrees to comply with any applicable law relating to the use of the Online Services and their content. Privamed can verify and investigate any contravention of any law and collaborate with legal authorities to prosecute offenders. Use of the Services and the Site for commercial purposes, including professional use, is strictly prohibited.
The patient portal was created and is operated by Medfar solution (address:) and is administered by Privamed from its offices in Boucherville, province of Quebec, Canada. Privamed makes no representation and does not guarantee that this Site is adequate and available for use outside Quebec or Canada. If you access this Site from outside CANADA, you are responsible for ensuring that its use, content, and downloading of its content complies with the laws applicable in the jurisdiction from which you access it.
The terms and conditions of this agreement, its interpretation and its application are governed by the laws of the province of Quebec, and the laws of Canada applicable therein.
The parties to this agreement hereby agree to submit to the jurisdiction of the courts of the province of Quebec and waive any dispute of this jurisdiction. To this end, the parties elect domicile in the city of Longueuil, province of Quebec, Canada.
The parties agree that any dispute, dispute, disagreement, lawsuit or claim in connection with this agreement or with the Services which cannot be resolved amicably by the parties will be compulsorily referred to an arbitrator with legal training and experience chosen by the parties, to the exclusion of ordinary courts. The arbitration process will be private and confidential. The arbitration process will be subject to the rules provided for in articles 940 and following of the Code of Civil Procedure of Quebec, L.R.Q. vs. C-25. The arbitrator's decision will be final and without appeal.
- Other Sites: Privamed does not endorse or approve the content of other websites that may be hyperlinked from this Site.
- Modification of conditions: each Subscriber accepts that Privamed may, without notice, modify these conditions and notify him through the Site.
- Interruption of Internet Service and termination: each Subscriber accepts and understands that the Services and the Site may be interrupted for any reason whatsoever and accepts all the risks and consequences arising from any interruption. Privamed reserves the right to terminate your access to this Site at any time.
- Non-Solicitation: The information, intelligence and data that are obtained through the Services do not constitute in any way a solicitation or any offer to buy or sell.
- Independent clauses: The invalidity or nullity of one or more clauses of this agreement or of a part of it, will not affect the other clauses of the agreement, which will continue to have all their effects.
- The rights or obligations resulting from this agreement are not transferable by a Subscriber without the express written consent of Privamed.
- Each Subscriber acknowledges having read this agreement for the use of Privamed Services and its conditions and agrees to comply with them. As a Subscriber, the simultaneous use of your username and password constitutes your signature and constitutes the manifestation of your consent. Privamed is under no obligation to verify the real identity or authority under which persons using a username and password act. Each Subscriber acknowledges having had the opportunity to obtain adequate explanations of the nature and extent of the conditions of this agreement for the use of Privamed Services.