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USER AGREEMENT


Welcome to eCLINICIAN MyChart (“MyChart”). MyChart is a patient portal, accessible via the internet or through mobile applications. MyChart allows you to view specific components of your eCLINICIAN record such as test results, health summaries, medications, and scheduled appointments, and to securely message your healthcare team. In order to access MyChart, you must first create a MyChart account (“Account”).

In these terms and conditions, both the MyChart software and the health information in your personal health record are referred to collectively as “MyChart”. MyChart and your Account are provided by Alberta Health Services (“AHS”).

In order to use your Account and MyChart, you must agree to our terms and conditions by clicking “I Accept” and successfully complete the registration process. By registering and clicking “I Accept” at the end of this agreement, you acknowledge you have read, understand, and agree to our terms of use and to be legally bound by them.

AHS respects your privacy and seeks to maintain the confidentiality of your health information and personal information in accordance with Alberta’s privacy legislation and our Privacy Policy which is incorporated herein by reference. By agreeing to these terms of use you indicate that you have read, understood and accept our Privacy Policy.

AHS reserves the right to modify or change the terms of use at any time. You will be required to re-accept a revised usage agreement prior to using the system.
We also reserve the right to modify or discontinue (temporarily or permanently) this service (or any part of it) with or without notice to you. We are not liable to you or any third party for any modification, discontinuance, or suspension of MyChart.

Medical Disclaimer
Information provided by or on behalf of your health care provider via MyChart is intended for general information purposes only. You agree and acknowledge AHS is not providing the service to you for the purposes of giving you medical or health advice. You should consult with the appropriate health services provider in connection with any and all treatment options that may be available to you.

MyChart is not intended for urgent matters or for use in emergencies. If you have an emergency, call your health services provider(s) directly, go to the nearest emergency room, and/or call 911.

While AHS works to provide information that is correct, accurate, current, and timely, we do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. You acknowledge that computer systems are not fault-free and occasionally there will be down time and system errors.

User Registration and Login
As part of the registration process for an Account, you will be required to: select a user name and a password ("Access Codes"); provide us with certain demographic and contact information; acknowledge you are at least 18 years of age or have been deemed to be a mature minor; and warrant that all of this information is accurate. It shall be a breach of these terms of use to select or utilize a user name (i) of another person with the intent to impersonate that person, (ii) in which another person has rights, if you do not have that person's authorization to use such name, or (iii) that AHS in its sole discretion deems offensive.

You are solely responsible to maintain the confidentiality of the Account and Access Codes you use to access MyChart, and agree that AHS has no obligations with regard thereto. You agree not to disclose your Access Codes to anyone not authorized to act on your behalf. AHS is not liable for any loss or damage arising from your failure to comply with this section of the terms of use or for any unauthorized access to information you have entered or asked to be entered in MyChart. Please notify User Support of any potential unauthorized use(s) of your account or suspected breach(s) of security.

Restrictions on Use
You agree you will not use MyChart or the Account in any manner that violates any laws. You will not attempt to disable, spam, or interfere with the proper function of MyChart. You will not upload viruses or malicious content, or tamper with the system in any manner.

Ownership of MyChart
The content and design of MyChart are the property of AHS. This excludes information entered by the patient or health information regarding the patient that may populate the system.

Personal Health Information
MyChart enables the uploading and viewing of certain types of data through the connection of personal health devices. You may enter, upload, store, and access personal health information to your MyChart, including copies of documents, records, and images. You are solely responsible for choosing whether or not to enter or to upload any such health information; AHS has no responsibility regarding the same.

Within your own MyChart, you may give or have been granted access to view another individual’s MyChart record. This is called “proxy” access, and is typically used for family members or individuals who provide care to you. You are responsible for choosing whether or not to create proxy access to your personal MyChart for other individuals. You do so entirely at your own risk and represent and warrant you do so either with those individuals’ authorization or with other valid legal authority.

If you choose to utilize MyChart’s functionality to grant access to other individuals to view your MyChart, you are expressly providing consent and authorization to AHS to allow those other individuals to access information within your MyChart. Any sharing of information via MyChart is done entirely at your own risk. AHS is not responsible or in any way liable for your choices in respect of the same, or for any collection, use, or disclosure of any information shared from your MyChart by those to whom you have granted access via MyChart, including health services providers.

You agree to notify User Support immediately of any suspicious activity with your MyChart. AHS is not liable for any loss or damage arising from your failure to monitor your MyChart account.

Disclosure
Pursuant to the Health Information Act AHS may permit disclosure of your health information without your consent; however, notwithstanding this, AHS expressly agrees not to disclose any personal information or health information in your MyChart to any third party without your prior written consent or authorization, unless such disclosure is authorized by the Health Information Act.

Accuracy & Integrity of Information
Although AHS attempts to maintain the integrity and accuracy of MyChart, AHS does not make any guarantees whatsoever as to its integrity or accuracy. It is possible MyChart could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to MyChart. In the event you discover an inaccuracy in your MyChart, please inform User Support so that it can be corrected.

Termination, Suspension & Deactivation
AHS reserves the right, in their sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of the Account or MyChart, or to deactivate any aspect of the Account or MyChart with or without cause, and with or without notice to you.

If AHS suspends, terminates, or deactivates your access to your Account or MyChart, your right to access any personal information or health information via MyChart shall also be suspended or terminated at that time. Other than as required by law or with your consent, AHS will not disclose or provide access to information stored in your MyChart after the termination, suspension, or deactivation of your Account.

You may also discontinue using your MyChart at any time and/or you may formally deactivate your Account and/or MyChart.

Other than as required by law or with your consent, AHS will not disclose or provide access to information stored in your MyChart after you deactivate your Account.

Limitation of Liability
AHS and its affiliates mentioned in the Account and MyChart are neither responsible nor liable for any injuries (including wrongful death), direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Account and MyChart, related services, content or information contained within MyChart, health advice, diagnosis, treatment, the performance or possession of the Account and MyChart, any defect in the Account and MyChart or its contents, and/or any breach of these terms of use.

Your sole remedy for dissatisfaction with the Account, MyChart and related services is to stop using the Account, MyChart and/or those services.

Disclaimer of Warranties
AHS and its affiliates do not warrant or represent that messages sent through MyChart will be read or responded to by your health services provider, or in a timely manner. AHS and its affiliates make no representation as to the reliability, accuracy, timeliness, completeness, or suitability of the Account, MyChart or any services made available through it.

Choice of Law & Venue
By accessing the Account and/or MyChart, you agree the laws of the province of Alberta will apply to all matters related to these terms of use and the use of the Account and MyChart, without regard to conflicts of laws or principles thereof.

AHS makes no representation that materials on MyChart or otherwise accessible within the Account are appropriate or available for use in other locations outside Alberta. Those who choose to access Account and/or MyChart from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability
In the event that any of these terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect.

Entire Agreement
These terms of use constitute the entire agreement between AHS and you pertaining to the subject matter hereof. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within MyChart.

Indemnity
You agree to indemnity and hold AHS and its related entities, vendors, licensors and other partners harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable legal fees and costs, of any kind due to, arising out of, or relating to your use of the Account, MyChart or content, including your use of Account and/or MyChart to provide a link to another site or to upload content or other information to MyChart or otherwise, or your breach of the terms of use.

Contact Information
If you have any questions about this agreement, please contact User Support at MyChart@albertahealthservices.ca.

Use of MyChart by Health Services Providers
If you are a health services provider using this system in your professional capacity, you are bound to the terms of this agreement as well as to the following additional terms and conditions:

In using an Account and MyChart and agreeing to these terms of use, you agree to adhere to the governing legislation of your professional organization and to the laws of Alberta and Canada as they apply to your use of MyChart, regardless of your location. Further, you acknowledge any obligations you may have with respect to the collection, use, and disclosure of users’ personal information and health information under Alberta’s Health Information Act, Freedom of Information and Protection of Privacy Act, Personal Information Protection Act, any other legislation, and under any other professional obligations you may have. Violation of these laws or rules in relation to use of MyChart constitutes a breach of this user agreement.

As a health services provider, acting in a professional capacity, you may only accept invitations to receive from and share information with other registered MyChart users, per the section herein entitled Personal Health Information, if you have an existing patient-care provider relationship with that registered MyChart user.

The record in MyChart may not be a complete or comprehensive view of an individual’s medical history or health records. AHS does not guarantee the accuracy of information in MyChart and assume no responsibility for how health services providers make use of the information obtained from MyChart.

Acceptance
You acknowledge you have read and understood the above terms of use and agree you are bound by this agreement.