Last updated: November 1, 2021
EmergConnect Inc. (“EmergConnect”, “we”, “us”, or “our”) is pleased to present EmergConnect, our patient facing registration, triage, intake, individualized emergency department wait-time prediction and clinical direction system, accessible through our mobile and web applications, as available (“Mobile Patient Portal”).
EmergConnect does not provide, and use of the Mobile Patient Portal does not constitute medical advice or medical, treatment or diagnostic services. Never use information you obtain on the Mobile Patient Portal to disregard the advice of your physician or other health care provider, or to take, or not take, actions that may affect your health without the advice of your physician or other health care provider. The Mobile Patient Portal is not a 911 service, dispatch centre, emergency service provider, and/or lifesaving solution for people suffering a medical emergency, or who are at risk in their home or otherwise, and you may not contact EmergConnect or its suppliers or contractors with any life or safety, medical or other emergency.
IN THE EVENT OF AN EMERGENCY, CONTACT 911 OR VISIT YOUR NEAREST EMERGENCY DEPARTMENT.
You must monitor all messages you receive from EmergConnect or from any healthcare provider, and respond when asked. If you do not respond, your registration may be cancelled.
The Mobile Patient Portal relies on the completeness and accuracy of the Intake Information and the User Content that you provide, which may, in some cases be subjective information or medical information (such as vital signs) and relies on you updating such Intake Information and User Content immediately if it changes. The Mobile Patient Portal uses natural language processing and machine learning to conduct triage analysis and predict emergency department wait times and may not be accurate. Further, although the Mobile Patient Portal directs users experiencing certain serious conditions or children under a certain age not to use the system and directs these users to triage in the emergency room, there are inherent risks in using the Mobile Patient Portal, including your condition getting worse. You should not use the Mobile Patient Portal if you are experiencing serious mental health issues or if you pose a risk of harm to yourself or others. You acknowledge and agree that you should go to your nearest emergency room if your condition gets worse. You agree you use the Mobile Patient Portal at your sole risk and that EmergConnect and the hospitals and health care providers for which you can use the Mobile Patient Portal are not liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of using or misusing the Mobile Patient Portal.
If you do not attend at the emergency room, or attend the emergency room following the use of the Mobile Patient Portal your registration may be cancelled. Your attendance, or failure to attend, the emergency room is at your sole risk and EmergConnect and the hospitals and health care providers for which you can use the Mobile Patient Portal are not liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of the foregoing. Your use of the Mobile Patient Portal does not mean that you are a patient of any hospital. You become a patient of the hospital upon your attendance at the hospital and being input into the hospital system by a clinician.
- HOW WE MAKE CHANGES TO THE MOBILE PATIENT PORTAL
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, our Mobile Patient Portal or its features or abilities, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
- REGISTRATION AND TRIAGE
- USER CONTENT
You hereby agree that you shall not use the Mobile Patient Portal to upload, post, submit or otherwise transmit through, or to, the Mobile Patient Portal any User Content that:
- may, in our sole and absolute discretion, degrade, disparage, tarnish or deprecate us and/or our public image or standing in the community provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with us or our products or services in a manner prohibited under applicable law;
- is deemed, in our sole and absolute discretion, to be defamatory, trade libelous, pornographic or obscene;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains (in any format or media) any music, logos, trademarks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
- INTELLECTUAL PROPERTY RIGHTS
- The Mobile Patient Portal consists of information in text, graphical, video and audio formats, images, icons, buttons, designs, trademarks, brand names and software (collectively, the “Mobile Patient Portal Content”) that have been provided by EmergConnect and/or other entities under our direction (e.g. app designers). All such Mobile Patient Portal Content is owned by EmergConnect and/or the applicable third party entity. For greater certainty, EmergConnect and applicable third party entities hold all right, title, and interest in and to any and all Mobile Patient Portal Content.
- LICENSE, WAIVERS AND REPRESENTATIONS REGARDING USER CONTENT
- hereby unconditionally waive and agree to unconditionally waive all moral rights in and to all User Content that you upload, post, submit or otherwise transmit through or to the Mobile Patient Portal in favour of EmergConnect.
For greater certainty, this means that, among other things, EmergConnect may use any and all ideas you submit (including ideas about our Mobile Patient Portal, plans, services, publications or campaigns), in a de-identified/aggregated manner, to improve the improve the quality and functionality of our products or services, or to develop new ones.
- Without limiting the foregoing, you also hereby acknowledge, agree, warrant and represent to EmergConnect that:
- you shall be responsible for all acts or transactions that occur through the Mobile Patient Portal from your device, including for ensuring the accuracy, reliability or completeness of any and all User Content and Intake Information you upload, post, submit or otherwise transmit through or to the Mobile Patient Portal;
- we cannot, do not and are not required to validate the accuracy, reliability or completeness of any User Content or Intake Information; and
- we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) uploaded, posted, submitted or otherwise transmitted through or to the Mobile Patient Portal.
The structure, organization and source code of the Mobile Patient Portal are the valuable trade secrets and proprietary confidential information of EmergConnect and its licensors. You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from the Mobile Patient Portal.
- use, copy, modify, download or transfer the Mobile Patient Portal, in whole or in part;
- (i) reverse engineer, disassemble, decompile, or translate the Mobile Patient Portal; (ii) attempt to derive the source code of the Mobile Patient Portal; (iii) create any derivative work from the Mobile Patient Portal; (iv) use the Mobile Patient Portal or the Mobile Patient Portal Content to create a competing product; and/or (v) authorize or assist any third party to do any of the foregoing;
- rent, lease, loan, share, resell, or otherwise distribute the Mobile Patient Portal;
- remove or alter any proprietary notice or legend regarding EmergConnect’s, or any third party’s, intellectual property or other proprietary rights in the Mobile Patient Portal, including the Mobile Patient Portal Content;
- use the Mobile Patient Portal except in accordance with the terms of Term of Use and all applicable laws and regulations;
- use the Mobile Patient Portal: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Mobile Patient Portal;
- collect information about others without their consent; and/or
- upload, post, email, transmit or otherwise make available any User Content that you do not have the right to disclose or make available.
If you provide ideas, suggestions, concepts, or proposals relating to the Mobile Patient Portal (the “Feedback”), you grant us and agree to grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable, fully paid-up and royalty-free right and license to make, use, sell, market, have made, offer to sell, import, reproduce, publicly display, transmit, distribute, modify, publicly perform, and otherwise exploit such Feedback, in whole or in part, for any purpose, including combining the Feedback with other materials and/or products and making derivative works of or alterations to the Feedback in any manner or format whatsoever, without any reference, obligation, or remuneration to you. All de-identified/aggregated Feedback shall be deemed non-confidential to you. You shall not provide any Feedback you have reason to believe is or may be subject to the intellectual property claims or rights of a third party.
- DISCLAIMERS AND LIABILITY
- TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE PATIENT PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES (AS DEFINED BELOW) MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE MOBILE PATIENT PORTAL WILL BE COMPATIBLE WITH YOUR DEVICE; (II) THAT USE OF THE MOBILE PATIENT PORTAL WILL MEET YOUR REQUIREMENTS; (III) THE MOBILE PATIENT PORTAL WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (IV) USE OF THE MOBILE PATIENT PORTAL, INCLUDING, IF APPLICABLE, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (V) THE TRANSMISSION OF INFORMATION TO AND FROM THE MOBILE PATIENT PORTAL WILL BE SECURE; (VI) THE USE OF THE MOBILE PATIENT PORTAL WILL NOT INFRINGE THE RIGHTS (INCLUDING, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VII) USE OF THE MOBILE PATIENT PORTAL WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.
- TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMERGCONNECT, OR ANY HOSPITALS OR HEALTH CARE PROVIDERS FOR WHICH YOU CAN USE THE MOBILE PATIENT PORTAL, OR ANY OF THEIR RESPECTIVE AGENTS’, LICENSORS’, SUPPLIERS’ AND SUBCONTRACTORS’ AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE MOBILE PATIENT PORTAL OR MOBILE PATIENT PORTAL CONTENT (INCLUDING, ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT EMERGCONNECT HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE MOBILE PATIENT PORTAL AND THE MOBILE PATIENT PORTAL CONTENT AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EMERGCONNECT. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
- INDEMNIFICATION BY USER
- PROVISION OF THE MOBILE PATIENT PORTAL
- The Mobile Patient Portal is accessible through a mobile (iOS and Android) and web application, as available, that is provided to you for use on compatible devices for download in the respective app stores and/or our website. We do not charge for the download, access and use of the Mobile Patient Portal. Any connection costs incurred during use, e.g. charged by your mobile phone or internet provider, are to be borne by you.
- By downloading the Mobile Patient Portal you consent to the installation of the Mobile Patient Portal and all related components and software (including all updates or upgrades thereto) on your device.
- The system requirements of the current version of the Mobile Patient Portal are stated in the product and update descriptions for the Mobile Patient Portal in the respective app stores or on our website prior to download. Please check your app store or our website for updates or newer versions of the Mobile Patient Portal. You have no entitlement to future or further provision of the Mobile Patient Portal or any updates.
Note that the use of our Mobile Patient Portal is restricted to persons age eighteen (18) or older.
- You may contact the EmergConnect, including with respect to any questions, complaints or claims related to the Mobile Patient Portal, at: Info@emergconnect.ca