By accessing this application, you agree to be bound by these terms of use (“Terms”) and are responsible for reviewing both these Terms of Use, as well as the YourHealthNS Privacy Policy. These Terms govern your use of, and access to the online services available through the YourHealthNS website and mobile platforms (collectively, the “Services” or the “YourHealthNS Application”), which are provided by the Nova Scotia Health Authority (NSHA) in collaboration with the Izaak Walton Killam Health Centre (IWK) and their Service Providers, on behalf of the Nova Scotia Department of Health and Wellness (DHW) (collectively, “us”, “our”, or “we”). The application and its content are for your personal use and must not be used for commercial purposes.

We reserve the right to supplement, remove, amend, or modify these Terms at any time without notice. It is your responsibility to check this application regularly for any changes to these terms. If you continue to use this application following a change to these Terms, you will be deemed to have accepted the most recent version.

BY USING THESE SERVICES, YOU (A) REPRESENT AND WARRANT THAT: (1) YOU HAVE THE CAPACITY TO AGREE TO THESE TERMS OF USE AS DEFINED HEREIN, AND (2) YOU ARE SOLELY RESPONSIBLE FOR ENSURING ALL OF THE INFORMATION YOU ENTER INTO THE YOURHEALTHNS APPLICATION IS ACCURATE, TRUE, COMPLETE, AND UP TO DATE; AND (B) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE MOST RECENT VERSION OF THESE TERMS, AS UPDATED FROM TIME TO TIME.

Acceptable Use of this Application

You are required to adhere to the following basic rules when accessing or using this application which indicate that you must not:

1. Use this application in violation of any law, rule, or regulation,
2. Disrupt or interfere with this application including any of our computer systems, networks, servers, databases, hardware, software, or equipment used for or by this application,
3. Interfere with the use or enjoyment of this application by others,
4. Introduce harmful or disruptive code,
5. Attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware, or equipment, including to: user-restricted areas of the application, logins and passwords of others, or personal information and personal accounts of others, or
6. Use this application for anything other than your own personal, non-commercial purposes.

Application Privacy

Your privacy is important to us. Any personal information or personal health information you provide to us through this application, will be handled in accordance with the laws of Nova Scotia and our Privacy Policy.

Disclaimer of Warranty / Limitation of Liability

It would not be possible for us to maintain this application as current, informative, and interactive as possible without the important legal warranty and liability disclaimers provided below. Please be sure to read through this information thoroughly.

Warranty Disclaimer

ALTHOUGH GREAT CARE HAS BEEN TAKEN TO PREPARE THE INFORMATION CONTAINED WITHIN AND MADE ACCESSIBLE VIA THE YOURHEALTHNS WEB AND MOBILE APPLICATIONS, IT IS IMPORTANT TO NOTE THAT THIS INFORMATION HAS BEEN OBTAINED FROM A NUMBER OF SOURCES, SOME OF WHICH MAY NOT BE CURRENT. INFORMATION PROVIDED BY THE YOURHEALTHNS WEB AND MOBILE SITES IS INTENDED TO BE USED.

FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY YOURHEALTHNS IS INTENDED TO FACILITATE DIAGNOSIS OF MEDICAL CONDITONS, OR DRIVE DIAGNOSTIC DECISION MAKING OF ANY KIND BY HEALTH SERVICE PROVIDERS INCLUDING DOCTORS AND GENERAL PRACTITIONERS. THIS INFORMATION IS ALSO NOT INTENDED TO PROVIDE MEDICAL ADVICE, NOR DOES IT REPRESENT A SUITABLE SUBSTITUTE FOR MEDICAL ADVICE OBTAINED FROM A DOCTOR, GENERAL PRACTITIONER OR OTHER HEALTH SERVICE PROVIDER.

IN CASE OF AN EMERGENCY, PLEASE CONTACT EMERGENCY SERVICES IMMEDIATELY BY DIALING 911. ALWAYS CONSULT A DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE QUESTIONS REGARDING ANY MEDICAL ISSUES OR CONCERNS YOU MAY HAVE. NEVER DISREGARD PROFESSIONAL ADVICE FROM DOCTORS OR OTHER CERTIFIED MEDICAL PROFESSIONALS. DO NOT CANCEL ANY MEDICAL APPOINTMENTS WITH CERTIFIED MEDICAL PROFESSIONALS IN FAVOUR OF RELYING ON THE INFORMATION YOU HAVE ACCESSED ON THE YOURHEALTHNS APPLICATIONS.

YOU UNDERSTAND AND AGREE TO THE FOLLOWING STATEMENTS:

1. USE OF THE YOURHEALTHNS APPLICATION IS AT YOUR SOLE DISCRETION AND RISK.

1. THE YOURHEALTHNS APPLICATIONS ARE PROVIDED STRICTLY ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS.

1. THE NOVA SCOTIA HEALTH AUTHORITY, IZAAK WALTON KILLAM HEALTH CENTRE, AND THE NOVA SCOTIA DEPARTMENT OF HEALTH AND WELLNESS DO NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE YOURHEALTHNS APPLICATION WILL FUNCTION COMPLETELY UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YOURHEALTHNS APPLICATION, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE ON THE YOURHEALTHNS APPLICATION.

1. DOWNLOADING MATERIALS OF ANY KIND FROM THE YOURHEALTHNS APPLICATIONAPPLICATION IS DONE SOLELY AT YOUR OWN RISK AND DISCRETION. NSHA, IWK, AND DHW DO NOT AT ANY TIME REPRESENT, IMPLY, COVENANT, GUARANTEE, OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA; FURTHERMORE, YOU ARE ALSO RESPONSIBLE FOR ANY AND ALL COSTS THAT MAY BE INCURRED AS A RESULT OF THE USE OF THE YOURHEALTHNS APPLICATION INCLUDING, BUT NOT LIMITED TO SERVICE, REPAIRS, OR OTHER NECESSARY CORRECTIONS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL:

1. HIS MAJESTY THE KING IN RIGHT OF NOVA SCOTIA OR THE MEMBERS OF THE EXECUTIVE COUNCIL AND THEIR EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS,
2. THE NOVA SCOTIA HEALTH AUTHORITY, IZAAK WALTON KILLAM HEALTH CENTRE OR THE NOVA SCOTIA DEPARTMENT OF HEALTH AND WELLNESS OR,
3. EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, OR SUBCONTRACTORS OF THE NOVA SCOTIA HEALTH AUTHORITY, IZAAK WALTON KILLAM HEALTH CENTRE, OR THE NOVA SCOTIA DEPARTMENT OF HEALTH AND WELLNESS:

BE HELD LIABLE TO YOU FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, ECONOMIC DAMAGES, OR LOSSES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO

PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER MONETARY LOSS ARISING OUT OF, OR RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF THE YOURHEALTHNS APPLICATION, OR THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM THE YOURHEALTHNS APPLICATION.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES, OR ANY FORM OF ACTION THAT MAY RESULT IN LOSS, DAMAGE, CLAIM, OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM, OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER EQUITABLE OR LEGAL THEORY, EVEN IF ADVISED OF A POSSIBILITY OF LOSS, DAMAGE, CLAIM, LIABILITY OR DELAY.

TO THE EXTENT THAT THE PRECEDING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF THE YOURHEALTHNS APPLICATION EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

Copyright, Ownership, and Use of Intellectual Property

The materials contained both within, and connected to the YourHealthNS Application including without limitation information, text, videos, photos, content, graphics, sound, and other multimedia content, are owned and protected by copyright legislation and supplementary proprietary rights in favour of one or more of: The Nova Scotia Health Authority, Izaak Walton Killam Health Centre, the province of Nova Scotia (Department of Health and Wellness), the Minister of Health and Wellness, His Majesty the King in right of the Province of Nova Scotia, and our Service Providers such as Ernst & Young, Think Research Corporation, and any other third party agents or subcontractors. All rights reserved. You shall not modify, copy, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, or use the materials in whole or in part without prior written consent from the copyright holder. You may however, print portions of the YourHealthNS Application in hard copy for your personal use.

Trademarks

Certain names, logos, markings, words, phrases, and designs visible on the YourHealthNS application and its connected sites and services, including additional related words and logos are official marks, trademarks, and/or tradenames of either the Nova Scotia Health Authority, the Izaak Walton Killam Health Centre, the Nova Scotia Department of Health and Wellness, our Service Providers or Agents. Nothing within these Terms, or the YourHealthNS application shall be interpreted as granting or conferring, either expressly, by estoppel, implication, or otherwise, a license or permission for you to utilize marks, names, or any other intellectual property that appears within the YourHealthNS application. The names of other companies, products, and services referenced within the YourHealthNS application may include external proprietary trademarks or tradenames belonging to their respective owners. Any use of trademarks or tradenames belonging to the Nova Scotia Health Authority, the Izaak Walton Killam Health Centre, the Nova Scotia Department of Health and Wellness, or those of third parties without the prior written consent of the applicable party is strictly prohibited.

Termination or Suspension of Application Use

We reserve the right to either suspend or terminate your access to the YourHealthNS application, its related services, or any portion thereof including links to associated applications at any time, with or without notice, at our sole discretion should you breach any of these Terms. Upon suspension or termination and thereafter: (i) You may no longer access and/or use the YourHealthNS website or mobile app without our prior written consent, and (ii) You must immediately destroy any and all materials you obtained from the YourHealthNS application including all related documentation and all copies thereof.

Severability

Should a court of competent jurisdiction find any provision within these Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Waiver

At no time will we be considered to have waived any of our rights or remedies described in these Terms without a written waiver that has been signed by us. Any delay or omission on our part, to exercise our rights or remedies will not impair or be interpreted as a waiver of our rights in any way. Any partial or single exercise of an applicable right or remedy will not prohibit further exercise of any additional rights or remedies that may also be applicable. Furthermore, any failure on our part to enforce strict adherence to any provision within these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other applicable provisions within these Terms.

Governing law

The YourHealthNS application is intended for use by the citizens of Nova Scotia. These Terms and Conditions of Use shall be governed by and interpreted in accordance with the laws of the province of Nova Scotia, and the laws of Canada as applicable. By accessing this application, you irrevocably attorn to the non-exclusive jurisdiction of the Courts of Nova Scotia.