Last revised: May 17, 2010
For advice about your test results or your medical condition, please
contact your physician!
If you have an emergency, or need to speak to someone urgently, please
contact your physician or go to the nearest hospital!
Please read these Terms of Use carefully. They are a legal agreement
between you and Excelleris Technologies Limited Partnership (“Excelleris”). By
using my ehealth, or by clicking the acceptance button, you agree
to be bound by these Terms of Use, including all amendments made from time
to time. If you do not agree to these Terms of Use, do not use my ehealth.
My ehealth is intended to provide you with access to laboratory
results, reported by a laboratory at the request of your physician or other
health care provider(s). My ehealth is not intended to provide
you with any medical advice or any other advice.
FOR ADVICE ABOUT YOUR TEST RESULTS OR YOUR MEDICAL CONDITION,
ASK YOUR PHYSICIAN!
Laboratory results will be presented to you in substantially the same format
in which they are presented to your physician or other health care provider(s).
Your physician or other health care provider has specialized medical training
that allows him or her to understand the implications of the test results.
Excelleris has not taken any steps to adapt the presentation of the test
results to make them more understandable to viewers who do not have medical
training. If you do not discuss your test results with your physician,
it is possible that you might misunderstand the implications of the test
results.
Any other health and health-related information contained within this web
site is intended to be general in nature and should not be used as a substitute
for a visit to your physician or other health care provider. Any such
information which you obtain from this web site might be inappropriate
for your own situation or might be misinterpreted. Excelleris assumes
no responsibility for how you use the information you obtain from this
site.
IF YOU HAVE AN EMERGENCY, OR NEED TO SPEAK TO SOMEONE URGENTLY, CONTACT
YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL!
Do not use the email communication options provided to you by myehealth.ca.
Neither myehealth.ca nor any other application available through
this web site is a substitute for appropriate and timely contact with your
physician.
Never change or stop any course of treatment without first consulting your
physician.
RELIANCE ON ANY INFORMATION ON my ehealth IS SOLELY AT
YOUR OWN RISK.
You may use my ehealth for your personal, non-commercial
purposes. You may not use my ehealth for any other purpose.
You are not permitted to make any resale, commercial or derivative use
of my ehealth, or use any data mining, robots, or similar
data gathering and extraction methods.
my ehealth is intended for use by individuals who are 16
years of age or older, and is not intended for use by individuals who
are under 16 years of age.
Excelleris may alter, suspend, or discontinue any aspect of my ehealth at any time, including the availability of any my ehealth feature or content. Excelleris may also impose limits on certain features and aspects of my ehealth or restrict your access to parts of or all of my ehealth without notice or liability. Excelleris may discontinue or change my ehealth or its availability to you at any time without notice.
Excelleris does not create and has no responsibility for the laboratory
test results and other content that may be available through your use of my ehealth.
Excelleris is simply a tool by which third party laboratories and others
provide you with access to the laboratory test results and other content.
You agree that Excelleris is not liable in any way for the validity, accuracy,
completeness, integrity, quality and timeliness of any laboratory test
results or other content available through my ehealth and
your use or non-use of, and your reliance or non-reliance on, any such
laboratory test results or other content is at your own risk.
My ehealth will prompt you for a series of mandatory questions
which must be answered as part of the registration process in order for
you to be granted access to my ehealth.
Your user ID and password used to access my ehealth are private,
and should not be used by or shared with anyone else. You are entirely
responsible for all usage or activity on my ehealth by users
using your ID or password, including but not limited to use of your password
by any third party. Excelleris will not be responsible for any unauthorized
use of your user ID or password or any charges incurred through unauthorized
use.
Excelleris may, in its sole discretion, terminate or suspend your access
to all or any part of my ehealth at any time, with or without
notice, for any reason, including, without limitation, breach of these
Terms of Use. Without limiting the generality of the foregoing, any fraudulent,
abusive, or otherwise illegal activity, or activity that may otherwise
affect the enjoyment of my ehealth or access to my ehealth by
others, may be grounds for termination of your access to all or part of my ehealth at
the sole discretion of Excelleris.
Termination of my ehealth includes deletion of your user
ID, password and all related registration information and files associated
with or inside your account or user profile.
As between you and Excelleris, Excelleris is and will remain the sole
and exclusive owner of all right, title and interest, including copyright
and all other intellectual property rights, in and to my ehealth,
all of the technology used by Excelleris to provide my ehealth,
any software provided directly or indirectly by Excelleris for your access
to or use of my ehealth, and all information posted by Excelleris
within my ehealth, as well as all enhancements, modifications
or additions thereto. You will acquire no rights whatsoever to all or
any part of the foregoing except the right to access and use them as contemplated
and permitted by my ehealth and in accordance with these
Terms of Use. You agree not to modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create derivative
works based on any of the foregoing.
If and to the extent that, for your access to or use of my ehealth,
you have downloaded any software from Excelleris or have otherwise received
any such software (such as, by way of example, from your physician or another
caregiver), then Excelleris grants to you a personal, non-transferable
and non-exclusive right and license to use the object code of such software
on a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, or sell,
assign, sublicense, grant a security interest in or otherwise transfer
any rights in the software. You agree not to modify the software in any
manner or form, or to use modified versions of the software, including
(without limitation) for the purpose of obtaining unauthorized access to my ehealth.
You agree not to access my ehealth by any means other than
through the interface that is provided by Excelleris for use in accessing my ehealth.
my ehealth, my ehealth.ca, Excelleris and
www.Excelleris.com are the trademarks and service marks of Excelleris.
All other trademarks, service marks and logos used in this site are the
trademarks, service marks, or logos of their respective owners. Nothing
on this web site should be construed as granting any license or right to
use any trademark, service mark, or logo displayed on this web site without
the express written permission of Excelleris or the third party that may
own the trademark, service mark, or logo.
my ehealth IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY.
YOU EXPRESSLY AGREE THAT ALL USE OF my ehealth IS AT YOUR
SOLE RISK.
You agree that Excelleris assumes no liability if my ehealth is
unavailable at any time, or for the reliability, validity, accuracy, completeness,
integrity, quality or timeliness of, or any failure to deliver or store, my ehealth or
any laboratory test results or other content. Excelleris does not represent
or warrant the reliability, validity, accuracy, completeness, integrity,
quality or timeliness of any laboratory test results or other content.
You acknowledge that any use, non-use or reliance upon any such laboratory
test results or other content will be at your sole risk.
TO THE EXTENT PERMITTED BY LAW, EXCELLERIS DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES OR CONDITIONS REGARDING my ehealth, EXPRESS OR
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCELLERIS DOES
NOT REPRESENT OR WARRANT THAT my ehealth OR ANY LABORATORY
TEST RESULTS OR OTHER CONTENT IS OR WILL BE ACCURATE, COMPLETE, RELIABLE
OR CURRENT, OR THAT my ehealth WILL OPERATE ERROR FREE OR
UNINTERRUPTED OR THAT my ehealth IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
You acknowledge that Excelleris is not responsible for any interruption
or suspension of my ehealth, regardless of the cause of the
interruption or suspension.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXCELLERIS OR ITS PARTNERS
OR THE SUPPLIERS OF ANY LABORATORY TEST RESULTS OR OTHER CONTENT, OR ITS
OR THEIR AFFILIATES, LICENSEES, OR SUPPLIERS, OR THE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THEM, BE LIABLE FOR DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, AGGRAVATED, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR LOSS OF DATA, FOR ANY
CAUSE OF ACTION WHATSOEVER, AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN ANY WAY CONNECTED
WITH USE OF my ehealth. Some jurisdictions do not allow the
limitations of liability specified above, so some or all of the above limitations
or exclusions may not apply to you.
EVERY EXEMPTION FROM LIABILITY, LIMITATION AND CONDITION CONTAINED IN THESE
TERMS OF USE FOR THE BENEFIT OF EXCELLERIS AND EVERY DEFENCE AND IMMUNITY
OF WHATSOEVER NATURE APPLICABLE TO EXCELLERIS OR TO WHICH EXCELLERIS IS
ENTITLED UNDER THESE TERMS OF USE WILL ALSO BE AVAILABLE AND WILL EXTEND
TO PROTECT EACH OF ITS PARTNERS, EACH OF THE SUPPLIERS OF ANY LABORATORY
TEST RESULTS OR OTHER CONTENT, EVERY AFFILIATE, LICENSEE, PARTNER OR SUPPLIER
OF EXCELLERIS OR ANY OF THEM, AND EVERY DIRECTOR, OFFICER, EMPLOYEE, AGENT
OR REPRESENTATIVE OF ANY OF THEM, EACH OF WHOM IS AN INTENDED THIRD PARTY
BENEFICIARY OF SUCH PROVISIONS.
You agree to defend, indemnify and hold harmless Excelleris, its Partners, the suppliers of any laboratory test results or other content, and its and their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of my ehealth, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You will cooperate as fully as reasonably required in the defence of any claim. Excelleris reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you will remain liable for any such claim and for the costs of defence.
Your privacy is of the utmost importance to us. Please review the my ehealth Privacy
and Security Policy for a full description of how we receive, transmit
and protect your personal information.
Excelleris makes no representations whatsoever about any other web site that you may access through this site or any entity that may post its advertisements on this site. When you access a non-Excelleris site, please understand that it is independent from Excelleris and that Excelleris has no control over the content on that site. In addition, a hyperlink to a non-Excelleris site does not mean that Excelleris endorses or accepts any responsibility for the content or the use of the linked site. Excelleris does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
Persons constructing other web sites may link to the home page on this site, but may not link to any other page on this site. You may not copy any of the materials from this site onto your own web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.
Excelleris may modify these Terms of Use from time to time. If you do not agree to any modifications, you should stop your use of my ehealth. Your continued use of my ehealth now, or following the posting of notice of any changes in these Terms of Use, will constitute a binding acceptance by you of these Terms of Use, and any subsequent modifications. You can review the most current version of these Terms of Use at any time at: http://www.myehealth.ca.
These Terms of Use are governed by the laws of the Province of British
Columbia, and the federal laws of Canada applicable therein, without regard
to conflict of laws principles.
All disputes arising out of or in connection with my ehealth or
these Terms of Use, or in respect of any defined legal relationship associated
therewith or derived there from, will be referred to and finally resolved
by arbitration under the rules of the British Columbia International Commercial
Arbitration Centre. The appointing authority will be the British Columbia
International Commercial Arbitration Centre. The case will be administered
by the British Columbia International Commercial Arbitration Centre in
accordance with its rules. The place of arbitration will be Vancouver,
British Columbia, Canada. The language of the arbitration will be English.
Subject to mandatory arbitration so provided, you and Excelleris irrevocably
submit to and accept generally and unconditionally the exclusive jurisdiction
of the courts and appellate courts of the Province of British Columbia
with respect to any legal action or proceeding which may be brought at
any time relating in any way to my ehealth or these Terms
of Use.
Some jurisdictions do not allow a consumer contract to provide for the
selection of a governing law other than the law of the residence of the
consumer, or to provide for the arbitration of disputes if the reference
to arbitration would prevent the consumer from exercising rights provided
under consumer legislation, so one or more of the above provisions may
not apply to you.
These Terms of Use constitutes the entire agreement between you and Excelleris
and govern your use of my ehealth, superseding any prior
agreements between you and Excelleris with respect to my ehealth.
You may also be subject to additional terms and conditions that apply when
you use certain elements of my ehealth.
Excelleris may provide you with notices, including those regarding changes
to these Terms of Use, by postings on my ehealth, or by email.
The failure of Excelleris to exercise and enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision.
You do not have the right to assign any of your rights to use my ehealth or
your interest in these Terms of Use to anyone, and any rights you may have
to your Excelleris user ID, password and user profile stored on the systems
of Excelleris terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted. Excelleris has the right to assign any or all of its rights and
duties under these Terms of Use to any third party. At the election of
Excelleris, if Excelleris’ obligations hereunder are assumed by a third
party, Excelleris will be relieved of any and all future liability under
these Terms of Use.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of my ehealth or
these Terms of Use must be commenced within one year after such claim or
cause of action arose.
If any provision of these Terms of Use is deemed unlawful, void, or for
any reason unenforceable, then that provision will be deemed severable
from these Terms of Use and will not affect the validity and enforceability
of any remaining provisions.
END OF TERMS OF USE