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© 2019 by Arya Electronic Health Records

SERVICE AGREEMENT & TERMS OF USE

Last updated January 2, 2020.
 

The following terms and conditions govern all use of the www.aryaehr.com website and Arya mobile application (collectively, the “Site”) owned and operated by Apollo Health Software Inc. (“Arya”, “we” or “us”) and all content, services and products available at or through the Site (collectively, the “Services”. The Site and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Arya (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Site or Services. By accessing or using any part of the Site or Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any Services. Acceptance is expressly limited to these terms.

SERVICES, SUBSCRIPTIONS, AND FEES
 

Please see Section 10 of the Service Agreement and Terms of Use ("Payment of Fees").

YOUR ARYA EHR AND HANDOVER ACCOUNT
 

If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You alone are allowed to access the Site and Services using your account, and must not share your username and password with other individuals or parties. You must be compliant with all Health Authority policies, confidentiality undertakings, and legal frameworks that govern its use at your place of work. You agree to only use your account for the purposes for which your account was provisioned, specifically interprofessional communication concerning patients at the Health Authority where you provide care for those patients.

 

You must immediately notify the Health Authority or Health Administration where you work and Arya of any unauthorized uses of your account or when any other breaches of security occur. Arya will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omission. You agree to not access the record of any family, friends, or others, unless they are directly involved in the ongoing delivery of care or other services to them through your relationship with your Health Authority. 
 

 

INTELLECTUAL PROPERTY
 

This Agreement does not transfer from Arya to you any Arya or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Arya. “Arya, “Arya EHR”, “Arya Handover”, Arya’s logos, and all other trademarks, service marks, graphics and logos used in connection with www.aryaehr.com, or the Site are trademarks or registered trademarks of Arya or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Arya or third-party trademarks.

 

CHANGES
 

Arya reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site or Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Arya may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.


 

TERMINATION
 

Arya may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Arya account, you may simply discontinue using the Site and Services.

 

You may cancel your account and subscription to the Services at any time by providing at least three month’s advance written notice to info@aryaehr.com. This is the only way to cancel your account and subscription to the Services. Phone requests to cancel your account and subscription to the Services will not be accepted. You will remain liable for all charges accrued on your account up to the time of cancellation or termination.

In the event you elect to cancel your account and subscription to the Services, Arya may offer the following options for the content stored on your account, subject to your payment of any applicable fees:

 

  1. Arya may continue to host your account and content on a month-to-month basis for a monthly fee;

  2. Arya may provide you with electronic copies of the patient files comprising your content in PDF format, at Arya’s current pricing for such services and/or

  3. Arya may export your content to you in the manner and for the price agreed to between you and Arya. 


All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
 

 
DISCLAIMER OF WARRANTIES
 

The Site and Services are provided “as is”. Arya and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Arya nor its suppliers and licensors, makes any warranty that the Site and Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site and Services at your own discretion and risk.
 

 
LIMITATION OF LIABILITY
 

In no event will Arya, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Arya under this Agreement during the twelve (12) month period prior to the cause of action. Arya shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
 

 

REPRESENTATIONS AND WARRANTIES
 

You represent and warrant that (i) your use of the Site and Services will be in strict accordance with Arya’s Privacy Policy (available at https://aryaehr.com/privacy, as may be updated from time to time by Arya), with this Agreement and with all applicable laws and regulations including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside, and (ii) your use of the Site and Services will not infringe or misappropriate the intellectual property rights of any third party.

 

PAYMENT OF FEES

Customer will pay Arya the applicable fees described in the Order Form for the Services in accordance with the terms therein (the “Fees”). By signing this form, you give us permission to debit your account for the amount indicated on or after the “Go-Live Date” specified in the Order Form. This is permission for recurring monthly transactions in line with the term of the agreement, and does not provide authorization for any additional unrelated debits or credits to your account. If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.  Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to Company’s customer support department. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than Canadian taxes based on Company’s net income.  
 

 

INDEMNIFICATION
 

You agree to indemnify and hold harmless Arya, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and Services, including but not limited to your violation of this Agreement.
 

 

MISCELLANEOUS
 

This Agreement constitutes the entire agreement between Arya and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Arya, or by the posting by Arya of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site and Services will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vancouver, British Columbia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Arya may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
 

 

GEOGRAPHIC LOCATION
 

 You agree that the Site and Services will only be accessed and used via the Internet while physically located in Canada. 

 

CONSENT FOR COLLECTION AND USE OF YOUR INFORMATION
 

Arya collects and protects your personal information under the authority of the BC Personal Information Protection Act (PIPA). The information you are providing is for the purpose of creating a user account to Arya. Subject to legal requirements, Arya will not disclose your information to any third party for any reason or collect additional personal information about you without first obtaining your consent. Only authorized personnel from Arya and the Health Authority you work for will have access to the information you have provided. The date on which your consent is effective is the date you submit your information to Arya. If you have any questions or concerns, please contact Arya at info@aryaehr.com.

 

DISCLAIMER
 

Arya is committed to maintaining your confidentiality. Collection, use, disclosure and retention of your information must comply with provisions of the BC Freedom of Information and Protection of Privacy Act (FIPPA) or the Personal Information Protection Act (PIPA). In order to improve access to the Site and determine what information visitors access most frequently, we track statistics such as IP address, browser type, domain name, access times and referring website addresses. Like most websites, the Site uses small pieces of information called cookies that are stored on the hard drive of your computer. Cookies contain only anonymous, non-personal information.