Terms and Conditions

Canadian Bayshore HealthCare Ltd. (“Bayshore HealthCare”) welcomes you to the CareChart Program, accessed via the Bayshore website or mobile application (the “Program”). Please read the following terms and conditions (the “Terms of Use”) carefully and in their entirety before you interact with the Program. Please be advised that your access or use of the Program via the app or website signifies that you agree to the Terms of Use.

Acceptance

By using the Program, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use, and further acknowledge that any information that you provide is truthful and that the disclosure of such information does not violate the legal rights of others.

Products and Services

The Program is intended for use only in targeted jurisdictions where it may be lawfully offered for use or sale, and neither the use nor sale is intended where prohibited by law. The laws of Ontario, Canada apply to the Program and to the use of the Program. By accessing this Program, you warrant that you meet the eligibility requirements for access to the program and reside in Ontario, Canada.

Changes may be made at any time to the Program (or any part thereof) that we provide without prior notice to you. We shall not be liable to you or to any third party for any changes, suspensions or discontinuances of the Program or any features or functionality of the Program, in part or in whole.

Our services are designed to support, not replace, the relationship that exists between you and your primary treatment center or primary care physician. Our services are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Privacy

While accessing the Program you will be asked to provide your personal health information. This information will be collected to support your clinical care, as well as the ongoing support, operations, and management of the Program. Information about you will only be disclosed to the health care team identified, unless otherwise required by law.

All CareChart, Bayshore employees and agents are required to complete privacy training prior to their access to personal health information and to adhere CareChart’s Privacy Notice and Bayshore’s privacy policies.

All information collected, used, or disclosed for the purposes of the Program will be done in accordance with the Ontario Personal Health Information Protection Act (PHIPA), Canada Personal Information Protection and Electronic Document Act (PIPEDA) and other laws as applicable.

Our Privacy Notice is available for you to review via the mobile app or website.

No Representations and Warranties

Use or interaction with the Program is not intended, and shall not be deemed, to amend or change any existing legal relationship that you may have with Bayshore HealthCare or any third parties. The Program app and website are provided “as is” or “as available,” with all faults.

Limitation of Liability

Bayshore HealthCare expressly disclaims any obligation, responsibility or liability for any loss or damage, whether direct or indirect, special or consequential, incurred by any user of the Program. By accessing the Program, each user releases Bayshore HealthCare and its respective directors, officers, employees, agents and consultants from all claims and proceedings for all such losses, damages or consequences.

No Endorsement of Third Parties

The Program app or website may contain links to third party websites or references to products, services or publications other than those of Bayshore HealthCare. These links and references are for convenience only and do not imply the endorsement or approval of such websites, products, services or publications by Bayshore HealthCare.

Indemnity

You agree to indemnify and hold Bayshore HealthCare and its directors, officers, employees, agents and consultants harmless from any and all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of your use or interaction with the Program, your connection to the products and services, or your violation of these Terms of Use in connection with your use or interaction with the Program.

Changes in the Terms of Use

We reserve the right to change these Terms of Use at any time without prior notice. If we decide to change these Terms of Use, we will post those changes here. Your continued access and interaction with the Program shall be deemed to be your acceptance of the current Terms of Use, including any changes to these Terms of Use.

Termination

Bayshore HealthCare reserves the right to terminate access to the Program in our sole discretion at any time and without notice, as permitted by law and contact. Bayshore HealthCare shall not be liable to you or to any third party for the termination of access to the Program.

Governing Laws and Waiver

The laws of the Province of Ontario and federal laws of Canada shall govern these Terms of Use. You and Bayshore HealthCare agree to submit to the jurisdiction of the courts located within the Province of Ontario in relation to claims arising under or related to these Terms of Use.

Bayshore HealthCare’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Bayshore HealthCare with respect to the Program, superseding any prior agreements between you and Bayshore HealthCare with respect to the Program.

Copyrights and Trademarks

Bayshore HealthCare exclusively owns and retains all right, title and interest on all content that Bayshore HealthCare has produced, including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology used by Bayshore for the purposes of the Program.

The CareChart, Bayshore HealthCare logo, other Bayshore logos and product and service names are or may be trademarks of Bayshore, and are protected under applicable copyrights, trademarks and other proprietary Canadian laws (including but not limited to intellectual property). Any other use or alteration of the material is strictly prohibited without our prior written permission.

How to Contact Us About Terms of Use

Should you have any questions or concerns about these Terms of Use, please e-mail us at privacyofficer@bayshore.ca or call 1-877-289-3997.