Conditions of Use
Last Revised: June 27, 2019
a. Conditions of Use – These Conditions of Use contain a number of important obligations, restrictions, notices and disclaimers that apply to this Site, to the use of this Site and to any information which is made available on this Site. By making any use of this Site and/or any of the pages or information made available on this Site, you are agreeing to be bound by all of the provisions of these Conditions of Use and that you will comply with the provisions of these Conditions of Use in respect of all matters regarding this Site. We recommend that you read the entire Conditions of Use carefully. If you do not agree with these Conditions of Use, do not access or view this Site.
b. Definitions – In these Conditions of Use:
“includes” and “including” means including without limiting the generality of the foregoing;
“Shared Health” means Shared Health Inc. and any successor entity;
“Site” means this website, having the URL https://sharedhealthmb.ca/;
“Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by Shared Health) to which links are provided from this Site;
“use” includes access, view or copying, whether in whole or in part;
“GOM” means the Government of Manitoba; and
captions and headings are inserted for convenience only, and are not to be used as an aid in the interpretation of these Conditions of Use.
c. Contract – These Conditions of Use constitute a contract between the User and Shared Health, and Shared Health is entitled to rely upon and to enforce its terms.
d. Other Conditions – In addition to these Conditions of Use, your use of this Site may also be subject to the terms and conditions which may be posted on or applicable to Third Party Sites. See the section below entitled “Disclaimer re: Third Party Sites.”
e. Purpose – This Site provides general information about Shared Health and its programs and activities that may be of interest to readers.
f. User – These Conditions of Use apply to all persons who use this Site, or who attempt to do so, whether or not they are authorized by Shared Health. Such a person is referred to in these Conditions of Use as “User” or “you.”
g. Changes to Conditions of Use – Changes may be made by Shared Health to these Conditions of Use at any time by updating this posting. We strongly recommend that you review these Conditions of Use regularly, and your continued use of this Site means that you agree to any changes made.
i. Proper Law – This Site and its content are administered by Shared Health from its offices in Canada, and is intended primarily for use by residents of Manitoba. This Site, its content, these Conditions of Use and your use of this Site are all governed by the laws of the Province of Manitoba and the laws of Canada as applicable therein, without giving effect to any conflict of laws principles. You agree that all questions and disputes regarding this Site and your use thereof will be decided exclusively by the courts of the Province of Manitoba.
j. More Information – Shared Health welcomes your questions or concerns regarding this Site or these Conditions of Use. Please feel free to contact us at:
1610-155 Carlton Street, Winnipeg, Manitoba R3C 3H8
or by email at email@example.com
a. Ownership of Site – This Site is owned and operated by Shared Health.
b. Copyright – © Shared Health 2018. All rights reserved. Except where expressly stated otherwise:
This Site and all information which is available on this Site are the property of Shared Health, and are subject to the exclusive copyright held by Shared Health; and
Unless otherwise specified, no person has permission to copy, redistribute, modify, reproduce or republish in any form any information found on this Site. This includes electronically reproducing by “uploading” or “downloading” or accessing onto the Internet or any other local or international computer system. Any infringement of the rights of Shared Health will result in appropriate legal action.
c. Trademarks – Many of the trademarks used in this Site are Official Marks protected under The Trade-marks Act (Canada). Certain other words, phrases, names, designs or logos used on the Site may constitute official marks, trademarks (registered an unregistered), service marks or trade names of Shared Health Inc. or other entities. Where Shared Health Inc. is using trademarks belonging to other entities, Shared Health Inc. has been given a license by such owning entity for said use. Unauthorized use or exploitation of such marks or names is strictly prohibited.
d. License to view and print – You are hereby granted a limited licence to use, to display on your computer, to download and to print a single copy of the text and images which are available on this Site (including any forms available on this Site which are designated for printing and use), solely for non-commercial, personal or educational purposes, provided that the contents of this Site are not modified in any way. This license is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the images or text on this Site are downloaded, copied, stored or printed, they are still subject to these Conditions of Use and you will ensure that all copyright and trademark notices are retained. No other use is permitted. Without limiting the generality of the foregoing, you may not make any commercial use of such content, include such content in or with any product that you create or distribute, or copy such content onto your, or any other person’s, website.
e. Permission to reproduce – Advanced written authorization is required from Shared Health if you wish to reproduce or republish any material located on this Site, including using or publishing any names, logos, likenesses, photographs, graphics, illustrations, video, music or sound from the Site. If Shared Health is not the owner of such material, Shared Health will direct you to the correct owner from whom permission may be obtained. If you require further information on a permitted use or license, contact Shared Health Communications at the address found above. Any reproductions may not be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of Shared Health.
a. No improper use – This Site and its content may be used only for the limited purposes described in these Conditions of Use. You will not make or attempt to make any other use thereof. You will not abuse in any way this Site and you will not, and will not attempt to, modify this Site or any of its content, or disrupt or interfere with the availability or operation of this Site.
b. Accuracy of data – The information, material and content posted on this Site are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no warranty or guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information resulting from Internet software and/or transmission problems.
c. No advice – The information on the Site, including newsletters, articles, opinions, views, wording, graphics and images, is provided for educational or information purposes only. It is not intended to provide medical, legal or professional advice whatsoever or to replace consultations with professional advisors, and should not be relied upon in that respect.
d. Report Errors – If any errors are noticed on this Site or in the information which is accessible on this Site, you are requested to immediately advise Shared Health at the address set out above.
e. Third party data – No endorsement or approval of any third parties, or of their advice, opinions, information, products or services, is expressed or implied. Shared Health does not review or control, and is not responsible for, any information which is created or supplied by a third party.
f. Disclaimer re: Third Party Sites – This Site may contain links to Third Party Sites. In addition to these Conditions of Use, your use of Third Party Sites may be subject to the terms and conditions which have been posted on or are applicable to the Third Party Sites. The parties who own, maintain or control Third Party Sites are solely responsible for their content, and Shared Health assumes no responsibility for such content. Links to Third Party Sites are provided for convenience only, and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them. Linking to Third Party Sites is at your own risk and Shared Health is not responsible or liable for any damages in connection with linking.
g. Searches – The results of your use of the Site search tool may automatically and unintentionally generate links or references to objectionable material. Computerized search technology does not give you search results limited to only the information that you were seeking. Shared Health is not responsible for any search results that refer to sites and information located worldwide throughout the Internet.
h. No warranties – All information contained on this Site is provided “as is, where is” without any warranties of any kind. Shared Health makes no representations and disclaim all express and implied warranties of any kind, including representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement and merchantability of fitness for a particular purpose, and assume no responsibility for the consequences of any errors or omissions.
i. Submissions – All information submitted to Shared Health via the Site shall be deemed to be and remain the property of Shared Health. Shared Health shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to Shared Health through the Site or sent through email. Shared Health shall not be subject to any obligations of confidentiality regarding any such information submitted to it, unless specifically agreed by Shared Health or required by law. You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant Shared Health the right to provide access to the information from the Site.
j. Liability – As a User, you assume full responsibility for risk of loss or damage of any nature whatsoever arising from or in connection with use of this Site. You further agree that none of Shared Health, its affiliates, their respective officers, employees, agents and service providers shall be liable for any loss or damage of any nature whatsoever, arising out of or in connection with the use, or the inability to use, this Site or any Third Party Site, regardless of whether Shared Health has been notified of the possibility thereof, and including any claims whether or not foreseeable based on contract, tort, strict liability or other legal or equitable theory. Shared Health is not liable for any action or decision made by you in reliance on this Site or the information contained herein, or any unauthorized use or reproduction of this Site or the information herein.
k. Indemnify Shared Health – As a User, you shall indemnify and save harmless Shared Health and its affiliates for all claims, liabilities, losses and expenses (including legal fees) arising from use of this Site and/or violation of these Conditions of Use.
4. PRIVACY AND SECURITY
a. Privacy – Shared Health is committed to maintaining the confidentiality and privacy of your personal information in accordance with The Freedom of Information and Protection of Privacy Act (Manitoba) (FIPPA) and of your personal health information in accordance with The Personal Health Information Act (Manitoba) )(PHIA). Any collection of information on this Site is in compliance with FIPPA. If you have any general questions, please visit the FIPPA website at http://www.gov.mb.ca/chc/fippa/index.html.
b. Collection of Information – The following is in addition to the Google Analytics service which is described above. When you visit the Site, we collect only information that is necessary for the purpose of the operation and security of the Site, such as the Internet Protocol (IP) address of the computer; the operating system and the type and version of browser used to visit the Site; the dates and times of such visits; the pages visited; and the key words entered into a search engine used to visit the Site. This information is collected so that we know how many people visit our site, the geographical region they are from, and which pages they view on our site. As a general practice, the information is aggregated and maintained in statistical reports and individuals are not identified. However, if an attempt to damage or disrupt the Site is detected, we can take further action and may share the information with the legal authorities, who may use the information to investigate the breach of security and to trace and identify the individual(s). This information is not used for any other purpose. This Site does not ask for nor does it collect any of your personal health information.
Session cookies are used to allow the Site to recognize your computer for the duration of your visit to the Site, and expire when you leave this Site; and
Google Analytics installs session and persistent cookies on your computer as is described above. The cookies introduced by Google Analytics are unknown to and not accessible by Shared Health.
d. Internet – The Internet is not a secure medium. The authenticity and privacy of communications over the Internet cannot be assured. You should not send any personal or confidential information to anyone over the Internet, and Shared Health cannot assume any responsibility for any harm or damage you may experience or incur by doing so.
a. Termination of Access – Shared Health may terminate your access to this Site at any time without notice. If your access has been terminated and you have any questions, please contact Shared Health at the address found above.
b. Availability of Site – Shared Health does not warrant that this Site will be available and meet your requirements or that access to this Site will be uninterrupted. Interruptions of availability may occur at any time, without notice, including periods of unavailability required for maintenance or technical reasons.
c. Termination of Site – This Site may be terminated at any time by Shared Health without notice.