Last Updated: August 27, 2018
The following terms and conditions govern all use of the www.aryaehr.com website (the "Website") and all content, services and products available at or through the Website (including the mobile application). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Arya EHR and Handover (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. Acceptance is expressly limited to these terms.
1. YOUR ARYA EHR AND HANDOVER ACCOUNT
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You alone are allowed to access the Arya EHR and Handover website and Arya EHR and Handover mobile application using your account, and must not share your username and password with other individuals or parties. You must be compliant with all Health Authority policies, confidentiality undertakings, and legal frameworks that govern its us at your place of work. You agree to only use your account for the purposes for which your account was provisioned, specifically interprofessional communication concerning patients at the Health Authority where you provide care for those patients.
You must immediately notify the Health Authority or Health Administration where you work and Arya EHR and Handover Corp. of any unauthorized uses of your account or when any other breaches of security occur. Arya EHR and Handover will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omission. You agree to not access the record of any family, friends, or others, unless they are directly involved in the ongoing delivery of care or other services to them through your relationship with your Health Authority.
2. INTELLECTUAL PROPERTY
This Agreement does not transfer from Arya EHR and Handover to you any Arya EHR and Handover or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Arya EHR and Handover. Arya EHR and Handover, logo, and all other trademarks, service marks, graphics and logos used in connection with www.aryaehr.com, or the Website are trademarks or registered trademarks of Arya EHR and Handover orArya EHR and Handover’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Arya EHR and Handover or third-party trademarks.
Arya EHR and Handover reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Arya EHR and Handover may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Arya EHR and Handover may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Arya EHR and Handover account, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5. DISCLAIMER OF WARRANTIES
The Website is provided “as is”. Arya EHR and Handover and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Arya EHR and Handover nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
6. LIMITATION OF LIABILITY
In no event will Arya EHR and Handover, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Arya EHR and Handover under this agreement during the twelve (12) month period prior to the cause of action. Arya EHR and Handover shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. REPRESENTATION OF WARRANTY
You agree to indemnify and hold harmless Arya EHR and Handover, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Arya EHR and Handover and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Arya EHR and Handover, or by the posting by Arya EHR and Handover of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vancouver, British Columbia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Arya EHR and Handover may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
10. GEOGRAPHIC LOCATION.
You agree that the Arya EHR and Handover Website and Associated Mobile Application will only be accessed via the Internet while physically located in Canada.
11. CONSENT FOR COLLECTION AND USE OF YOUR INFORMATION
Arya EHR and Handover collects and protects your personal information under the authority of the BC Personal Information Protection Act (PIPA). The information you are providing is for the purpose of creating a user account to Arya EHR and Handover. Subject to legal requirements, Arya EHR and Handover will not disclose your information to any third party for any reason or collect additional personal information about you without first obtaining your consent. Only authorized personnel from Arya EHR and Handover and the Health Authority you work for will have access to the information you have provided. The date on which your consent is effective is the date you submit your information to Arya EHR and Handover. If you have any questions or concerns, please contact the Arya EHR and Handover at the Customer Support Account.
Arya EHR and Handover is committed to maintaining your confidentiality. Collection, use, disclosure and retention of your information must comply with provisions of the BC Freedom of Information and Protection of Privacy Act (FIPPA) or the Personal Information Protection Act (PIPA) In order to improve access to our website and determine what information visitors access most frequently, we track statistics such as IP address, browser type, domain name, access times and referring website addresses. Like most websites, Arya EHR and Handover uses small pieces of information called cookies that are stored on the hard drive of your computer. Cookies contain only anonymous, non-personal information.