These Terms of Use (the “Terms”) are a legal agreement between you, on your own behalf or, if applicable, on behalf of your organization. You or your organization is collectively referred to as “you” and the Pathways Patient Referral Association hereafter referred to as “the Association”.
You may not copy or otherwise use Pathways Medical Care Directory and/or the content (or any portion thereof) without agreeing to these Terms. If you copy or otherwise use Pathways Medical Care Directory and/or the content (or any portion thereof) you are deemed to have agreed on your behalf or on behalf of your organization to be bound by these terms.
Pathways Medical Care Directory is a web-based resource that contains a directory of family physicians, other healthcare professionals and clinics (collectively “Healthcare Professionals”) and their office contact information, facilitates efficient electronic communication by an individual to a Healthcare Professional , and provides other notices or information regarding certain health care services. For the purpose of these Terms of Use, “Pathways Medical Care Directory” consists of the current running instance of Pathways Medical Care Directory and the information contained within Pathways Medical Care Directory.
The Pathways Medical Care Directory website, located at https://pathwaysmedicalcare.ca/, contains information about Healthcare Professionals in selected areas of BC as well as Healthcare Professionals and patient resources (the “Content”). Pathways Medical Care Directory also facilitates patient communication to Healthcare Professionals electronically.
Terms of Use
1. If Pathways Medical Care Directory or these Terms are modified, your continued use of Pathways Medical Care Directory will constitute your acceptance of the Pathways Medical Care Directory modifications and your agreement to be bound by the modified Terms. The current Terms will be posted on the Pathways Medical Care Directory website. To stay informed of any changes, please review the most current version of these Terms on the website. Your license to use Pathways Medical Care Directory depends upon your agreement to be bound by these Terms and any modification to these Terms. If you do not agree to be bound by these Terms, you may not use Pathways Medical Care Directory.
2. As between you and the Association, Pathways Medical Care Directory is proprietary to the Association. Subject to your acceptance of these Terms, the Association grants you a non-transferable, non-exclusive, limited license (the “License”) to use Pathways Medical Care Directory for your bona fide purposes with no right to sublicense. Certain third party code may be provided with Pathways Medical Care Directory. License terms accompanying such third party code will govern its use. The Association reserves all rights not explicitly granted herein.
3. You acknowledge and agree that the Association makes Pathways Medical Care Directory and the Content available through Pathways Medical Care Directory as a convenience to you. The Content is for informational purposes only and may not be copied for any other purpose. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Association does not recommend or endorse any specific tests, physicians (including specialists), other Healthcare Professionals, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by the Association in the Content is solely at your own risk. You agree to use your judgment in using the Content. You agree and acknowledges that the Association is in no way responsible for the care provided by any Healthcare Professionals that are listed in or contacted through the Pathways Medical Care Directory or the eligibility of patients using the Pathways Medical Care Directory. In addition, for your convenience, the Pathways Medical Care Directory may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Third Party Content”). Third Party Content is independent from the Pathways Medical Care Directory, and the Association and the Pathways Medical Care Directory has no responsibility or liability for or control over Third Party Content or the associated businesses. The Association does not sponsor. endorse or warrant the Third Party Content or the associated businesses. Your use of Third Party Content and the associated businesses is at your own risk, and you will not make any claim against the Association arising from, connected with, or relating to your use of the Third Party Content or dealings with the associated businesses. You should review the privacy policies and other conditions of use relating to any Third Party Content.
4. Healthcare Professionals are responsible for periodically reviewing the Content about their practices/clinics, with the goal of consistently keeping this Content complete and accurate. The Association does not guarantee accuracy.
5. You acknowledge that the electronic communication facilitated by the Pathways Medical Care Directory including in respect of the completion and submission of any patient forms available through the Pathways Medical Care Directory, does not constitute a completely secure means of communication and which necessarily involves transmission of data over networks that are not owned, operated or controlled by the Association. We strongly recommend that encryption software is used when receiving communications through the Pathways Medical Care Directory. The Association is not responsible for any data that is lost, altered, intercepted or stored across such networks.
6. You shall use Pathways Medical Care Directory and the Content in accordance with all applicable local, provincial, federal and international laws and regulations, including laws governing privacy and personal information. You represent and warrant that, with respect to all information, including patient information, you provide through Pathways Medical Care Directory that: (a) you consent or have obtained all necessary rights, consents and permissions to provide such information and to grant the rights granted to the Association in these Terms; and (b) all information and its transfer to and use by the Association as authorized by you under these terms do not violate any laws, regulations, or rights of any third party, including any intellectual property rights, rights of privacy, rights of publicity or rules or policies of the Association published from time to time, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
7. Healthcare Professionals may submit information to be included as part of the Content. You agree to only submit materials that you have created yourself or that you have all rights to transmit and license and which do not violate any intellectual property rights, privacy or other rights of any other person. You agree that you will not submit any materials that contain health information about any individual. Submission of images or video of any person without their express consent and permission is prohibited. The Association reserves the right, in its sole and unfettered discretion, to approve or reject any materials submitted for inclusion in the Content and remove any Content from Pathways at any time. By submitting information to be included as part of the Content, you grant the Association a transferable, non-exclusive, worldwide, fully-paid, royalty-free, perpetual, irrevocable, sublicensable license in and to such information.
8. If a Healthcare Professional wishes to remove some or all of its Content from the Pathways Medical Care Directory, please advise the Association in writing through the Contact Us page.
9. Content that is a patient resource, including forms for completion by a patient and submitted electronically to the Healthcare Professional using the Pathways Medical Care Directory, can be shared with patients at the discretion of their Healthcare Professional. Healthcare Professionals need to inform their patient that the information in such forms will be sent to the Healthcare Professional, and that none of the information in the form will be stored in Pathways Medical Care Directory.
10. The Association may at its discretion make use of anonymized data and anonymized aggregated data from the Pathways Medical Care Directory for research and analysis purposes (including by providing such information to third party service providers and sharing the research and analysis results with any third party). Note that no personally identifiable information of any kind is used in such activity.
11. The Association may permanently or temporarily stop providing, or may modify any feature or Content included in Pathways Medical Care Directory, or the availability of Pathways Medical Care Directory and/or Content on any particular device, at any time and without notice to you. The Association may immediately terminate your License should a third party make an intellectual property infringement claim relating to Pathways Medical Care Directory and/or the Content.
12. The Association reserves the right to terminate your License immediately for any reason. Upon termination of the License you shall immediately cease any and all use of Pathways Medical Care Directory.
13. You agree not to:
- Use, copy, republish or distribute Pathways Medical Care Directory, or cause or permit any person to use, copy, republish or distribute Pathways Medical Care Directory, except as expressly agreed to by the Association;
- Attempt to transfer your License to Pathways, in whole or in part, to any other person, or
- Except to the extent that these restrictions are void under applicable law, directly or indirectly attempt in any way to rewrite, reorganize, reproduce, decompile, disassemble, reverse engineer or translate Pathways Medical Care Directory, create derivative works thereof, or circumvent any usage or other restrictions imposed by the Association.
14. You shall defend, indemnify and save the Association and its directors, officers, employees, agents, affiliates, members or any combination thereof harmless from any claims, costs (including settlement and legal or other professional fees on a solicitor and own client basis), damages, expenses, losses, and liability arising out of or relating to, either directly or indirectly:
- Your use of Pathways Medical Care Directory and/or the Content;
- Your violation or breach of these Terms;
- Your violation of any third party right, including any intellectual property right;
- Your violation of the law of any relevant jurisdiction; or
- Any claim that your use of Pathways Medical Care Directory and/or Content caused
This indemnity obligation will survive the termination or expiration of your use of Pathways Medical Care Directory and these Terms.
15. You agree that your use of Pathways Medical Care Directory and Content is at your sole risk and that Pathways Medical Care Directory and Content is provided on an “as is” and “as available” basis. The Association, partners, and their respective affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of fitness for a particular purpose and non-infringement. In particular, the Association, its partners, and their respective affiliates make no warranty that (a) Pathways Medical Care Directory and/or Content will meet your requirements; (b) your use of Pathways Medical Care Directory and/or Content will be timely, uninterrupted, secure, or error-free; (c) any information obtained by you as a result of Pathways Medical Care Directory and/or Content will be accurate or reliable; and (d) any defects or errors in Pathways Medical Care Directory and/or Content will be corrected.
Any Content downloaded or otherwise obtained through the use of Pathways Medical Care Directory is accessed at your own discretion and risk, and you will be solely responsible for any damage or harm that results from the download and use of any such Content. You further acknowledge that the Content is not intended or suitable for use in all instances that could lead to death, personal injury, or severe physical damage.
16. To the fullest extent permitted by law, in no event shall the Association be liable for any damages suffered or incurred by you or any other person or entity including, without limitation, any special, incidental, indirect, direct, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of revenue, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use Pathways Medical Care Directory or the Content, even if the Association has been advised of the possibility of such damages.
Please note that some jurisdictions do not allow the type of limitation listed above, so some of these limitations may not apply to you.
17. You acknowledge and agree that the limitations of liability set out herein are fair and reasonable in the circumstances of these terms and that the Association would not have provided you access to or use of Pathways Medical Care Directory or the Content but for your agreement to limit the Association’s liability in the manner, and to the extent, provided for herein.
18. The Association is located within the Province of British Columbia, Canada. These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The parties agree that the Courts of the Province of British Columbia shall have exclusive jurisdiction to hear and make any judicial determination on any issue arising with respect to these Terms.
19. These Terms will be for the benefit of and binding upon your heirs, executors, representatives, administrators, successors and permitted assigns.
20. These Terms constitute the entire understanding between the parties hereto and supersede all previous communications, representations and understandings, oral or written, between the parties, with respect to the subject matter of these Terms.