Terms of Use

Please read this page carefully before using this website. It contains very important information about your rights and obligations, as well as limitations, disclaimers and exclusions. By accessing and/or using this website, you agree that you have read and agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to be bound by these terms and conditions of use, then do not further access or use this website.

Ontario Health atHome is committed to making web content accessible to all users and complying with the Accessibility for Ontarians with Disabilities Act, 2005. For assistance or accessible versions of any documents, please contact accessibility@ontariohealthathome.ca with the following information:

• The nature of the accessibility issue;
• The preferred format in which to receive the document(s);
• The web address (URL) of the document you are inquiring about, including the document title; and
• Your contact information and preferred mode of communication.

Terms and Conditions of Use

The information and services available through this website are subject to the following Terms of Use. Ontario Health atHome may revise these Terms of Use at any time and from time to time and without prior notice. It is the User’s responsibility to review these Terms of Use for any changes. Ontario Health atHome recommends you review these Terms of Use each time you access this website.

1. DEFINITIONS

In these Terms of Use:

“Service Provider” means any organization or person that offers to provide products or services to members of the public and who is listed or to be listed on this website;

“User” means anyone accessing and using this website.

2. OWNERSHIP, ACCESS AND USE

The User shall not, directly or indirectly, copy, reproduce, duplicate, republish, re-disseminate, upload to a third party, post, distribute, transmit, translate, modify, adapt, alter, reverse engineer, decompile, disassemble or create any derivative work of the content of this website, in any manner or form whatsoever, except as may be expressly permitted in this website, or as expressly authorized in writing by Ontario Health atHome.

The User shall not post or transmit on or through this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, the User shall not post or transmit on or through this website any information which (a) infringes the rights of others or violates their privacy or publicity rights, or (b) is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right.

Furthermore, the User shall not, nor shall the User allow any other person to, directly or indirectly,

1. Use this website in any manner that could damage, disable, disrupt, overburden or impair it,
2. Use this website or its content for commercial or philanthropic prospection purposes (including by use of unsolicited commercial e-mail or SPAM),
3. Interfere with the security of, attempt to gain unauthorized access to, or otherwise abuse, this website or any services, system, resources, accounts, servers or networks connected to or accessible through this website or affiliated or linked websites,
4. Disrupt or interfere with any other person’s use or enjoyment of this website or affiliated or linked websites,
5. Upload, post or otherwise transmit on this website any items, including without limitation, computer viruses or other harmful, disruptive or destructive computer programs, files or other components, or
6. Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise collect or extract information from this website or the content, in whole or in part, and without limiting the generality of the foregoing, the User shall not collect or harvest any personally identifiable information, including account names, from this website.

4. NO ENDORSEMENT

Inclusion of a Service Provider and information about its programs, products or services on this website does not imply endorsement by Ontario Health atHome, its members, suppliers or sponsors nor does exclusion indicate lack of endorsement. Ontario Health atHome, its members, suppliers and sponsors do not monitor, investigate or verify as to fitness or otherwise, any Service Provider listed on this website or any information about its programs, products or services.

Ontario Health atHome, its members, suppliers and sponsors do not recommend or endorse any Service Provider, and are not responsible for the accuracy or reliability of any information, representation or warranty made by any Service Provider or other party. It is the responsibility of each User to evaluate the accuracy, completeness, or usefulness of any information or other content available on or through this website and to confirm this with any Service Providers that the User may select from this site.

5. LINKED INTERNET SITES

Links to other websites are provided to help Users locate other Internet resources that may be of interest. Neither Ontario Health atHome nor any of its members, suppliers or sponsors assume any responsibility or liability whatsoever for the content or use of any third-party website, and the User accesses such websites entirely at the User’s own risk. It shall be the User’s responsibility to review any terms of use and applicable policies relevant to such websites. Neither Ontario Health atHome nor any of its members, suppliers or sponsors make any representation or warranty of any kind regarding any third-party website including, without limitation, any representation or warranty (a) regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (b) regarding the merchantability and fitness for a particular purpose of any material (including, without limitation, software), services or other content located or discovered at or made available through such third-party websites, or (c) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from computer viruses or any other harmful, disruptive or destructive computer programs, files or other components or that such third-party websites will be otherwise secure. In providing links to other websites, Ontario Health atHome is not acting as a publisher or disseminator of the material contained on such other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that Ontario Health atHome is associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other websites. In addition, the mention of another party or its products or services on this website, or a link to such other website, shall not imply, be construed as, or constitute, an approval, endorsement, investigation or verification by Ontario Health atHome, its members, suppliers or sponsors of that party, the destination website or such website’s sponsors, or the information, products or services presented on that site. Any specific comments or questions regarding these other websites shall be directed to those responsible for such websites.

6. DISCLAIMER

Use of this website and its contents is at the User’s own risk. All material, information and other content on this website is provided to users on an “as is” and “as available” basis. Ontario Health atHome, its members, suppliers and sponsors, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express or implied, statutory or otherwise, including, without limitation, any and all implied warranties and conditions of title, non-infringement, merchantable quality and fitness for any particular purpose, and any representations, warranties or conditions arising from course of dealings or usage of trade, with respect to this website or the content contained in or accessed through it. Without in any way limiting the generality of the foregoing, neither Ontario Health atHome nor any of its members, suppliers or sponsors, nor any of their respective directors, officers, employees, consultants or agents makes any representations or warranties that (1) the information or other content contained in or accessed through this website will be up-to-date or free from any errors, inaccuracies or omissions, (2) this website will be free from computer viruses or any other harmful, disruptive or destructive computer programs, files or other components, (3) communications or transmissions to or from this website will not be delayed, interrupted, fail or otherwise subject to other error, defect or deficiency, or will not be intercepted or otherwise subject to unauthorized access or use, (4) defects or errors in this website or its content, whether human or electronic, will be corrected, and (5) products or services obtained from a Service Provider will result in any advantage or benefit or will not result in any loss or damage.

The User agrees that all information and other content posted on or transmitted through this website is the sole responsibility of the person from whom such content originated and that neither Ontario Health atHome nor any of its members, suppliers or sponsors shall be liable for any errors or omissions in any content. The User agrees that neither Ontario Health atHome nor any of its members, suppliers or sponsors warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party through this website or any hyperlinked website, and neither Ontario Health atHome nor any of its members, suppliers or sponsors will be a party to or in any way responsible for monitoring any transaction or other arrangement between a User and third-party providers of products or services.

Use of this website and the content available on this website is at the sole risk of the User. Ontario Health atHome, its members, suppliers or sponsors hereby specifically disclaim, and each User of this website hereby releases, Ontario Health atHome, its members, suppliers and sponsors from all liability for any loss or damage resulting from the use of or reliance on this website or its content.

7. LIMITATION OF LIABILITY

In no event shall Ontario Health atHome or any of its members, suppliers or sponsors, or any of their respective directors, officers, employees, consultants or agents, be liable for any direct, indirect, consequential, special or other damages whatsoever arising out of or in any way connected with (1) any access to or use of this website, (2) any delay, interruption or cessation of transmission of information to or from this website, (3) any personal injury, death or property damage resulting from the User’s access to or use of, or inability to access or use, this website, (4) any errors, inaccuracies or omissions in the information or other content of this website, (5) any unauthorized access to or use of Ontario Health atHome’s servers and/or any information stored therein, and (6) any computer viruses or other harmful, disruptive or destructive computer programs, files or components which may be transmitted to or through this website or that may be found at this website. These limitations apply regardless of the cause of action or circumstance including, without limitation, negligence or other tort, and whether or not there shall have been a fundamental breach or a breach of a fundamental provision of these Terms of Use. These limitations shall apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.

8. INDEMNITY

The User irrevocably and unconditionally agrees at all times, to hold harmless, defend, and indemnify Ontario Health atHome and its members, suppliers and sponsors, and each of their respective directors, officers, employees, consultants, agents, successors and assigns, from and against all liabilities, claims, demands, actions, losses, costs, expenses (including legal fees) and all other liabilities of any nature whatsoever, whether foreseen or unforeseen, that are based upon, or that arise from, or that are in any way connected with (a) any breach of these Terms of Use by the User, (b) any use of or access to this website by the User, and (c) any infringement or violation by the User of the intellectual property rights, or any other rights, of any person, including without limitation, any copyright or privacy right of any person. This defence and indemnification obligation shall survive these Terms of Use and the User’s use of this website.

9. PRIVACY  

The User shall not provide personal information, or what may be considered personal health information under the Personal Health Information Protection Act, 2004, to Ontario Health atHome through this website. A User that chooses to provide such information does so entirely at their own risk, which includes an understanding that this website may not use or provide a secure mode of information transmission. If such information is received, Ontario Health atHome will handle such information in accordance with its privacy policies and applicable law.

10. GENERAL

The User expressly agrees that this website shall be deemed solely based in Ontario, Canada. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. The User expressly agrees that all claims, actions, disputes or controversies relating in whole or in part to this website shall be decided exclusively by a court of competent jurisdiction located in the Province of Ontario. These Terms of Use, together with the Privacy Policy and any other legal notices published by Ontario Health atHome on this website, shall constitute the entire agreement between the User and Ontario Health atHome concerning this website. In the event that one or more of the provisions contained in these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, no other provisions contained in these Terms of Use shall be affected or impaired thereby and will continue in full force. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and no failure or delay by Ontario Health atHome in exercising any right, power or remedy granted under these Terms of Use or now or hereafter existing in equity, at law, by virtue of statute or otherwise, shall affect or operate as a waiver of such right, power or remedy. These Terms of Use, and any rights or obligations hereunder, may not be transferred or assigned by the User in whole or in part, but may be assigned by Ontario Health atHome without restriction.

By using this website, I agree that I have read these Terms of Use and I accept and agree to be bound by their provisions.