Terms and Conditions for Use of the Connected Care Center
YOU MUST READ THROUGH THESE TERMS AND CONDITIONS FOR USE OF THE CONNECTED CARE CENTER (“CCC”) BEFORE CLICKING “ACCEPT” AND/OR BEFORE ACCESSING THE CCC SERVICES, AS THESE TERMS AND CONDITIONS ARE LEGALLY BINDING ON YOU. BY CLICKING “ACCEPT” AND/OR ACCESSING THE CCC SERVICES, YOU HAVE UNDERSTOOD AND AGREED THAT YOU ARE BOUND TO THE THESE TERMS. PRINT OR SAVE A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
THIS IS YOUR CCC ELECTRONIC HEALTH RECORD (“EHR“) POPULATED BY YOUR MEDICAL PROVIDER (S) (“PROVIDER”) AND AVAILABLE AT THE PROVIDER’S DISCRETION, BASED ON ANY PROVIDER USER MANAGEMENT POLICIES. POINTCLICKCARE, INCLUSIVE OF CCC, IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF YOUR MEDICAL AND PERSONAL INFORMATION IN THE CCC, NOR FOR ANY RELIANCE BY YOU, ANY MEDICAL PROFESSIONAL OR OTHER PARTY THEREUPON. THE CCC IS PROVIDED FOR YOUR CONVENIENCE FOR YOUR /YOUR DESIGNATED CAREGIVER’S INFORMATIONAL PURPOSES, AND TO BE USED AT YOUR OWN RISK AND DISCRETION. THIS EHR MEDICAL RECORD IS NOT MEDICAL ADVICE. IF YOU NEED MEDICAL ATTENTION, CONTACT A MEDICAL SERVICES PROVIDER DIRECTLY BY OTHER MEANS AND/OR CALL 911 SHOULD YOU REQUIRE EMERGENCY MEDICAL ASSISTANCE.
“Resident” means the resident whose record is maintained in the CCC. “You” or “Your” mean Resident inclusive of any proxy.
“Caregiver” means a Resident’s proxy representative authorized by a Resident and/or authorized by applicable law, who may access portions of the Resident’s EHR through the CCC.
“User” means Resident and Caregiver, collectively.
PointClickCare is a software as a service EHR vendor providing CCC services as part of its services to Provider, and bears no responsibility or liability whatsoever to you, any User or any other third party for the CCC services.
- CCC is a portal secured in accordance with current standards, accessed via the Internet for Resident and/or Caregiver EHR access. The contents of the EHR are populated and controlled by your Provider.
- YOU ARE RESPONSIBLE FOR (i) ensuring your email address and contact information is up to date directly with your Provider and/or in the CCC; (ii) safeguarding your CCC user credentials and password, any security questions and answers and remembering all of these for your future reference; and (iii) preventing disclosure of items in subsection (ii) and changing your password or security questions as you deem may be required and/or in accordance with any applicable requirements. PointClickCare and Provider are not responsible for any damage whatsoever resulting from a Resident’s failure to maintain email currency nor Resident’s failure to appropriately or adequately safeguard its credentials, passwords and such Resident information.
- CCC will not send unencrypted confidential medical information to your email; however, you may receive notifications about your CCC account on your email such as general notifications about the CCC services or messages indicating that new information or medical results are available in the CCC platform. Access to medical information, protected health information and personally identifiable information is only available after authentication to the CCC platform.
- Resident is responsible for ensuring her/his email address and contact information is up to date in the Resident CCC account. Resident is responsible for regularly reviewing the CCC, its email, mobile and such modes of communication for CCC notifications that may be provided using such means.
- Resident understands and agrees that its Provider is sponsoring Resident’s use of the CCC tool for Resident’s convenience and to allow Resident to share its EHR with its identified Caregiver(s) as solely determined and controlled by Resident. Resident is responsible for managing its level of EHR sharing consent, directly with its Provider, and this consent level determines which EHR information is shared with Caregivers.
- Resident REMAINS SOLELY RESPONSIBLE FOR ANY SHARING OR COMMUNICATION OF ITS EHR WITH CAREGIVERS or any others that its Caregiver may share it with, either intentionally or unintentionally and Resident understands and agrees that neither PointClickCare nor Provider shall be responsible for any such use or access. The CCC functionality may allow Caregivers to download and transmit the Resident’s EHR to third parties and Resident is responsible for ensuring it chooses its Caregivers accordingly. Resident is responsible for assuring Caregivers accessing Resident information follow reasonable security practices and exercise due care with data once it is extracted/downloaded from the CCC platform. Resident is responsible for revoking any Caregiver access and consent, and Resident is responsible for contacting their Provider for any questions or concerns regarding same. RESIDENT ASSUMES SOLE LIABILITY FOR ANY AND ALL ACTIONS OR INACTIONS IN ITS USE OF THE CCC AND RESIDENT SHALL HOLD POINTCLICKCARE AND PROVIDER HARMLESS AND DEFEND AGAINST ANY AND ALL CLAIMS AND DAMAGES WHATSOEVER RELATED IN ANY WAY TO THE CCC AND/OR ANY INSTRUCTIONS TO CCC UPON WHICH POINTCLICKCARE OR PROVIDER RELY FOR PROVISION OF THE CCC SERVICES.
- Resident understands that the CCC electronic record may be different from its paper EHR record and that this CCC EHR may look different from your paper-based EHR.
- PointClickCare reserves the right upon provision of Resident notification, to charge fees in the future for the CCC, and/or additional CCC services, and/or for continued use of the CCC where it is no longer sponsored by its Provider.
- Resident can discontinue their use of the CCC at any time by: (i) revoking their consent to sharing their CCC data in the CCC platform and not using the CCC platform; (ii) contacting their Provider and/or following their Provider issued instructions; or (iii) discontinue their access and use of the CCC.
- PointClickCare may discontinue or suspend its provision of the CCC at any time in its sole reasonable discretion, if/as determined by a Provider where applicable, or by PointClickCare in its sole discretion, and upon provision of notification if/as practicable in the circumstances, and as determined by PointClickCare in its sole discretion. Should CCC services be developed in the future to be offered by PointClickCare directly to Resident, without a Provider sponsor, additional terms may be presented to Resident and required for continuation of CCC services, subject to any applicable fees.