TELUS CHR Connect Terms of Use

Last updated: July 30, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OR ACCESSING TELUS CHR CONNECT.

DO NOT USE TELUS CHR CONNECT FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE.

Web and mobile application

TELUS CHR Connect. You are about to have access to TELUS Collaborative Health Record Connect (“CHR Connect”). CHR Connect connects you with your healthcare provider(s) who use the TELUS Collaborative Health Record electronic medical record solution (“CHR”). Through CHR Connect, you can

request, confirm, reschedule or cancel your appointments with your healthcare provider through secure booking;
communicate with your healthcare provider through secure messaging;
conduct virtual visits with your healthcare provider;
complete intake and other healthcare-related questionnaires assigned to you by your healthcare provider;
pay for your healthcare services and upload your health data from a health app; and
search, add or remove clinics or healthcare organizations within your CHR Connect account.

Mobile and Web Application. CHR Connect is available as an iOS and Android application to be used on your mobile device and as a web application on your desktop computer, tablet or other devices with an Internet browser.

Use of CHR Connect

Terms of Use. These terms of use (“Terms of Use”) govern your access to and use of CHR Connect (access and use collectively “use”) and form a legal agreement between you and your healthcare provider’s clinic or organization (“we”, “our” and “us” in these Terms of Use refer to such entities), to which TELUS Health Solutions Inc. (“TELUS”) is a third-party beneficiary. These Terms of Use are enforceable against you.

Acceptance. By clicking on the presented checkbox and selecting the “Sign Up” button when presented with the opportunity to view and agree to these Terms of Use, you confirm your acceptance of and agreement with these Terms of Use, including designating TELUS a third-party beneficiary to these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not use CHR Connect.

License. You are granted a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use CHR Connect for healthcare-related communication, information and data collection, recording, sharing and payment purposes in Canada only, including downloading and installing CHR Connect on your mobile device(s) or desktop and tablet, in accordance with these Terms of Use. You cannot modify, sell, resell, reproduce, copy or otherwise exploit CHR Connect.

Conditions of Use. As a condition of your use of CHR Connect, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence (except as otherwise provided in the “Availability to Minors” section below); (b) you possess the legal authority to create a binding legal obligation; (c) you will use CHR Connect in accordance with these Terms of Use; (d) all information supplied and maintained by you on CHR Connect is true, accurate, current and complete; and (e) if you are accessing or using CHR Connect on behalf of another person (e.g. as a substitute decision-maker or caregiver for an elderly or incapacitated person or a parent of a child), you represent and warrant that you have the authority to bind such person to these Terms of Use. You must be a human to create or use a CHR Connect account. Automated services or “bots” are not permitted.

Authorized Representatives. For clarity, these Terms of Use cover circumstances in which someone (such as a family member, caregiver, substitute decision-makeror other authorized representative) may use CHR Connect on your behalf or together with you (such as a child or an elderly). When that individual is doing so, references to “you” and “your” in these Terms of Use include those individuals, as applicable, who have the legal authority to use CHR Connect and act on your behalf and carry out all permitted actions in CHR Connect (e.g. requesting, confirming, or cancelling appointments; communicating with a healthcare provider; conducting virtual visits; paying for healthcare services). You can either add someone as your Authorized Representative to your CHR Connect account or someone can request to be added as your Authorized Representative, which request you need to confirm.

Group Virtual Visit Guest Participants. For clarity, these Terms of Use cover circumstances in which someone (such as a family member, caregiver, your family doctor or specialist) may participate in a virtual visit through CHR Connect on your behalf or together with you. When that individual is doing so, references to “you” and “your” in these Terms of Use include those individuals, as applicable. If you invite guest participants, that will amount to your consent to include such representatives in your virtual visit, share related communications, including personal information, with them and allow them to complete specific tasks on your behalf (e.g. completing a pre-visit health questionnaire), unless the representative is already authorized to do these by law. In addition, your healthcare provider needs to approve the joining of the guest participant(s) you invited. If your healthcare provider invites a guest participant, you must consent to their presence during the virtual visit orally.

Availability to Minors. You must be at least 16 years of age to create a CHR Connect account. If you are between 16 and the age of majority in your jurisdiction of residence, you must have the permission of a parent or guardian, and they must read and accept the Terms of Use on your behalf before creating your CHR Connect account. CHR Connect may also be available for use by children, but the actual user of CHR Connect for all patients under the age of 16 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you are fully responsible for complying with these Terms of Use.

Limitations of CHR Connect

Not a Medical Device. CHR Connect is not designed or intended to be used, directly or indirectly, as a medical device. It should not be used to detect, diagnose, treat, monitor or advise on any medical or health condition.

The Practice of Medicine. You acknowledge that the professional obligation to provide healthcare services to you as a patient is solely your healthcare provider’s responsibility as a healthcare professional. As part of CHR Connect, TELUS does not directly or indirectly practice medicine or any other regulated healthcare profession or provide medical / health(care) services and products. Therefore, TELUS does not assume any liability whatsoever of any kind for the data and information collected and recorded through the use of CHR Connect or for any detection, advice, diagnosis, treatment or monitoring of any medical or health condition made on reliance upon such data and information within CHR Connect. CHR Connect should not be considered a replacement or substitute for your healthcare provider's standard practices, professional judgment, skill, and expertise, but as a data and information collecting, recording and sharing aid.

We may determine that a virtual visit is not appropriate for some or all of your treatment needs and may elect not to provide care to you through a virtual visit and redirect you to obtain in-person care. Certain healthcare services and symptoms will be excluded from consultation via virtual visit, including emergencies, time-sensitive matters and matters that require in-person examinations.

Not Your Personal Health Record. You acknowledge that you will not have access to your complete medical or health record through CHR Connect. The personal information or personal health information shared with you through CHR Connect may not always be accurate, up-to-date or complete and should be viewed by you as informational only. CHR Connect is not intended to be your personal health record.

Temporary Inaccessibility and Inoperability. You acknowledge and agree that CHR Connect may be temporarily inaccessible and inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which TELUS may undertake from time to time; or (iii) causes beyond the control of TELUS or which are not reasonably foreseeable by TELUS, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your Internet service provider, hostile network attacks, network congestion or other failures. TELUS is not responsible for any such temporary interruption resulting from inaccessibility or inoperability.

Information security

No Shared Device. Do not install CHR Connect on a device you share with or which belongs to a third party (e.g. your employer) or a family member.

Your Login. You can create your CHR Connect account by using your email address as your username and creating a password or using your Google or Apple login information. As part of two-factor authentication, you will also receive email or SMS notifications that provide you with a login code at the time of each login.

Your Responsibility. You are responsible for (a) all activities that take place with your login credentials (e.g. username and password) in connection with CHR Connect (whether or not authorized by you); (b) maintaining the confidentiality of your login credentials for CHR Connect; and (c) implementing safeguards to protect the security and integrity of your device(s) or computers on which you use CHR Connect. You should ensure that your device(s) or computers used to access CHR Connect are protected against viruses and malicious software. You are responsible for the entire cost of any service, repairs or connections of and to your device or computer and email account that may be necessary due to your use of CHR Connect. You must immediately reach out to the CHR Connect support team at

[email protected]

if your CHR Connect account has been compromised or your device or computer has been lost, stolen or infected for immediate deactivation of your CHR Connect account.

Technology Risks. TELUS has implemented commercially reasonable organizational and technological security measures, such as reasonable encryption technology to protect your personal and personal health information processed by CHR Connect. However, you understand, acknowledge and agree that there are material privacy and security risks associated with the use of CHR Connect, including potential unauthorized access, changes to, collection, use, disclosure or deletion of your personal information or personal health information due to a security / privacy breach or failure.

TELUS Disclaimer. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TELUS DOES NOT CONTROL, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT PASSING THROUGH THE INTERNET, THE AVAILABILITY OF THE INTERNET GENERALLY, OR FOR INTERNET CONNECTIVITY AND INFORMATION SECURITY AND TECHNOLOGY RISKS OR ISSUES THAT ARE OUTSIDE OF ITS REASONABLE CONTROL. TELUS CANNOT AND DOES NOT GUARANTEE THE SECURITY OF DATA TRANSMITTED OVER THE INTERNET OR PUBLIC NETWORKS IN CONNECTION WITH YOUR USE OF CHR CONNECT.

Breach Notification. TELUS will notify you to the extent required by the law of any privacy breach that has resulted in the unauthorized access, changes to, collection, use, disclosure or deletion of your personal and personal health information.

No Device or Computer Storage. CHR Connect on your device or computer is directly connected to your healthcare provider(s)’ CHR. Your personal information and personal health information are processed within the CHR and sent directly to or received directly from the CHR. Your personal information and personal health information are not stored on your mobile device or on your desktop computer, tablet or other devices you use to access CHR Connect.

Privacy

Consent. By clicking the “Sign Up” button when asked with respect to the collecting and processing of your personal information and personal health information, you consent to the collection and processing of such information required to use CHR Connect as outlined in the privacy policy or notice of your healthcare provider(s)' clinic or healthcare organization and the

TELUS CHR Patient Privacy and Consent Information

Your Healthcare Provider’s Privacy Policy. Your healthcare provider(s)’ clinic or healthcare organization is solely responsible for all agreements, consents, notices to be provided to you and any other interactions with you as their patient. Your clinic or healthcare organization can add its privacy policy or notice and consent request within CHR Connect. For convenience, TELUS offers the

TELUS CHR Patient Privacy and Consent Information

to provide you with information about the roles and responsibilities of your healthcare provider(s)’ clinic or healthcare organization and TELUS, the purposes of processing and protection of your personal and personal health information, among other topics.

Hosting. CHR Connect leverages TELUS’ Google Cloud Platform (“GCP”) and Amazon Web Services (“AWS”) datacenters in Canada. Your personal information and personal health information are encrypted in transit and at rest and stored on servers physically located in Canada, but may be temporarily viewed and accessed from outside of Canada as necessary to address service or technical issues, including installing, implementing, maintaining, repairing, troubleshooting or upgrading the AWS and GCP infrastructure. Such viewing and access are limited to the minimum period and involve the minimum amount of data necessary for the listed purposes.

Commercial / Marketing Electronic Messages

Express Consent Request for Sending Commercial Electronic Messages. Your healthcare provider’s clinic or organization would like to send you commercial/marketing electronic messages about updates, promotions, offers, and other relevant content aimed at enhancing your experience and providing valuable information related to healthcare services at your healthcare provider’s clinic or organization. By selecting “Yes”, when prompted upon your CHR Connect account creation, you are opting in to receive commercial/marketing electronic messages from your healthcare provider’s clinic or organization through the selected channels.

Unsubscribe. You can withdraw your consent to receive electronic messages from your healthcare provider’s clinic or organization at any time. To opt-out of these communications, please update your preferences in the app settings.

Contact. For more information or assistance with your consent preferences, please contact your healthcare provider’s clinic or organization.

Unlawful and prohibited use

Unlawful and Prohibited Use.You will not, and you will not permit or assist others,

(a) to use CHR Connect for any purpose other than for which it was intended and designed for or any activity that violates any applicable laws, including, but not limited to, transmitting or sending any inappropriate, illegal, offensive, abusive, hateful, defamatory, racist, pornograph or obscene material, or to otherwise harass, offend, abuse or threaten any individual or entity;

(b) to knowingly provide false or misleading information;

(c) to invade anyone’s privacy by any means, including but not limited to, by (i) misrepresenting the source of anything you may post, including impersonation of another individual; (ii) attempting to harvest, collect, store, or publish personal and personal health information, without the affected individual’s knowledge and meaningful consent;

(d) to engage in any activity that could compromise the security of or disrupt or interfere with CHR Connect or any network or servers on the Internet or disrupt or interfere with the services of any third party related to the delivery of CHR Connect;

(e) to circumvent, decrypt or bypass any technology that is used to protect CHR Connect;

(f) to disassemble, decompile, reverse-engineer, alter, tamper with or attempt to repair CHR Connect; and

(g) to (re)sell, rent, transfer or otherwise provide access to CHR Connect; or

(h) otherwise attempt to or restrict or interfere with the proper working of CHR Connect;

in each of the above cases as determined by TELUS in its sole discretion. You will be solely liable for any damages resulting from any violation of the foregoing restrictions.

Disclaimer of warranties

Disclaimer of Warranties. TELUS PROVIDES CHR CONNECT FOR YOUR USE ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND THE ENTIRE RISK ARISING OUT OF YOUR USE OF CHR CONNECT REMAINS WITH YOU. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TELUS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE OR OTHERWISE, WITH RESPECT TO CHR CONNECT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OR PROVIDING SPECIFIC RESULTS OR MEETING YOUR REQUIREMENTS. TELUS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF CHR CONNECT WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN CHR CONNECT WILL BE CORRECTED.

Limitation of liability

Limitation of Liability. IN NO EVENT OR UNDER NO CIRCUMSTANCES WILL TELUS OR ITS TECHNOLOGY / SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON CLAIMING THROUGH YOU FOR ANY TYPES OF DAMAGES, INCLUDING (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, AND (B) FOR ANY INACCURACY, INCOMPLETENESS OR LOSS OF DATA / INFORMATION (INCLUDING PERSONAL OR PERSONAL HEALTH INFORMATION), BREACH OF PRIVACY OR (C) PERSONAL INJURY, DEATH, IMPROPER DIAGNOSIS, IMPROPER TREATMENT, OR (D) ANY OTHER DAMAGES, LOSSES OR INJURIES TO YOU OR ANY OTHER PERSON CLAIMING THROUGH YOU IN CONNECTION WITH, ARISING OUT OF OR UNDER THESE TERMS OF USE AND YOUR USE OF OR INABILITY TO USE CHR CONNECT OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR INABILITY TO USE CHR CONNECT, UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY.

Maximum Liability. IN ANY EVENT, YOU AGREE THAT TELUS’ OR ITS TECHNOLOGY / SERVICE PROVIDERS’ TOTAL AND CUMULATIVE LIABILITY WITH RESPECT TO ANY DIRECT DAMAGES TO YOU OR ANY OTHER PERSON CLAIMING THROUGH YOU IN CONNECTION WITH, ARISING OUT OF OR UNDER THESE TERMS OF USE AND YOUR USE OF OR INABILITY TO USE CHR CONNECT OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR INABILITY TO USE CHR CONNECT IS LIMITED TO THE MAXIMUM AMOUNT OF TWENTY CANADIAN DOLLARS ($20.00). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES TO THESE TERMS OF USE AND TELUS.

Device and Unauthorized Use of CHR Connect. IN NO EVENT WILL TELUS BE LIABLE FOR ANY USE OR MISUSE OF ANY OF YOUR OR ANY THIRD PARTY’S DEVICE ON WHICH CHR CONNECT RESIDES; OR ANY OF YOUR OR ANY THIRD PARTY’S DATA AND INFORMATION (INCLUDING YOUR PERSONAL AND PERSONAL HEALTH INFORMATION); OR ANY UNAUTHORIZED USE OR MISUSE OF CHR CONNECT. IT IS YOUR RESPONSIBILITY TO PROTECT THE FOREGOING DEVICE, DATA AND INFORMATION.

Support

Contact for Support. If you experience difficulties or require information regarding your use of CHR Connect, please contact the CHR Connect support team at [email protected]. TELUS provides minimal support and maintenance for CHR Connect only on a commercially reasonable effort basis.

Exclusions. TELUS’ support obligations applicable to other TELUS services and products do not extend to CHR Connect, or the devices (e.g. smartphones, tablets, handsets) used to access and use CHR Connect, even if such devices were sold by TELUS or one of its affiliates. All service levels and penalties applicable to other TELUS services and products (e.g. data plans, Wi-Fi or Internet connection), if any, do not apply to CHR Connect.

App Stores. While you have downloadedCHR Connect from the Apple App Store or Google Play Store, you understand and agree that Apple or Google is not a party hereto and have no liability hereunder or in connection with CHR Connect. To the extent applicable, Apple or Google may be a third-party beneficiary to these Terms of Use.

Term, termination and other reserved rights

Term. These Terms of Use are effective upon your acceptance of these Terms of Use by clicking on the presented checkbox and selecting the “Sign Up” button when presented with the opportunity to view and agree to these Terms of Use, and continue in effect until terminated by you, your healthcare provider or TELUS.

Termination for Convenience. Either you, we or TELUS at any time, for any reason or no reason, can terminate these Terms of Use without any notice period.

TELUS Reserved Rights. TELUS reserves the right to do any of the following, at any time, with or without notice: (a) to modify, suspend or terminate the operation of or access to CHR Connect or any feature, functionality or component thereof; (b) to modify or change CHR Connect, or any feature, functionality or component of thereof, and any applicable policies or terms; and (c) to interrupt the operation of CHR Connect, or any feature, functionality or component thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Terminationfor Breach. We or TELUS may immediately terminate or suspend your access and use of CHR Connect and these Terms of Use with or without notice, (a) if you breach or fail to comply with these Terms of Use; (b) if necessary to prevent threats to the privacy, security and integrity of your data and information or the data and information of others; and / or (c) to comply with any applicable law or court order.

Consequences of Termination. Unless we or TELUS advise you otherwise, upon termination, (a) the rights and obligations under these Terms of Use will end, and (b) you must stop using CHR Connect and uninstall it from your device.

General

Contact. Should you have any questions regarding these Terms of Use or CHR Connect, you may contact the CHR Connect support team via email at [email protected].

Intellectual Property. You acknowledge that TELUS and its technology / service providers own and expressly reserve and retain all rights, title and interest, including intellectual property rights or other licenses in and to CHR Connect and its underlying infrastructure and any third-party component embedded or integrated into CHR Connect. You acknowledge that no implied licences are granted under these Terms of Use.

Third-Party Beneficiary. TELUS is an intended third-party beneficiary to these Terms of Use and will have the right to enforce these Terms of Use directly against you as a third-party beneficiary on the same basis as if TELUS was a party to these Terms of Use.

Notices. Any notices or other communications permitted or required under these Terms of Use that relate to key legal communications, including those regarding modifications to these Terms of Use, and NOT day-to-day, operational communications, will be in a written form and given by us or TELUS (i) via email (in each case to the email address that you provide); or (ii) via CHR Connect as an in-app notification or pop-up window. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by in-app notification or pop-up window, the time of receipt will be deemed when you first use CHR Connect after the publication of the in-app notification or pop-up window.

Amendments. These Terms of Use are subject to change by us or TELUS, at any time, in our or TELUS’ sole discretion. Upon any change to these Terms of Use, TELUS will publish the amended Terms of Use within CHR Connect. Such amendments will be effective immediately upon your acceptance of the amended Terms of Use or your first use of CHR Connect after the publication of the amended Terms of Use. You acknowledge that using CHR Connect following such posting will constitute your affirmative acknowledgement of these Terms of Use, the modification, and agreement to abide and be bound by these Terms of Use, as amended. If you choose not to accept these Terms of Use, including following any such modifications hereto, please do not use CHR Connect and uninstall it from your device.

Entire Agreement. These Terms of Use, together with all policies incorporated herein by reference, constitute the entire and exclusive understanding and agreement between you, us and TELUS pertaining to the subject matter hereof. These Terms of Use supersede and replace any and all prior or contemporaneous oral or written understandings, agreements, representations, warranties and communications between you, us and TELUS with respect to its subject matter.

Force Majeure. Neither you or us, nor TELUS will be responsible for the failure to comply with or any delay in the performance of any terms or conditions of these Terms of Use, if such failure or delay is, directly or indirectly, caused by events or arises from circumstances beyond the reasonable control of you, us or TELUS. These events or circumstances beyond reasonable control may include, but are not be limited to, acts of government in its sovereign or contractual capacity, pandemics, including the 2019 novel coronavirus disease (COVID-19) pandemic, fire, flood, earthquake, accident, terrorism, civil unrest, war, strikes or labour interruption, failure in any telecommunications facilities and networks, delays in transportation, compliance with any law or governmental order, delay or failure of performance of TELUS’ technology / services providers. The time for performance of any act delayed by such events or circumstances may be postponed for a period equal to the delay.

Waiver. Failure to exercise or enforce any right, remedy or other provision of these Terms of Use will not constitute a waiver of such right, remedy or provision.

Severability. If any provision of these Terms of Use is invalid or unenforceable under applicable law, such provision will be modified or eliminated to the minimum extent necessary, and the remainder of the provision, as well as the other provisions, will continue in full force and effect as long as it does not substantially alter the intent of these Terms of Use.

Survival. Any provision of these Terms of Use which, by its nature, is intended to survive termination of these Terms of Use will so survive the termination of these Terms of Use, including, but not limited to, the sections on “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” and “GENERAL”.

Governing Law. These Terms of Use and all matters arising out of or relating to these Terms of Use are governed by and interpreted exclusively in accordance with the laws of the province where your clinic or healthcare organization is located.

Dispute Resolution. The parties and TELUS will use arbitration to resolve disputes between themselves arising from or relating to these Terms of Use, whether the dispute is based in contract, tort (including negligence), statute, or otherwise. If the parties and TELUS’ business representative have not been able to resolve any such dispute, to proceed further with the dispute, one of the parties or TELUS must submit the dispute to private and confidential arbitration before a single arbitrator. The arbitration will take place in the capital of the province, where your clinic or healthcare organization is located under the rules of the ADR Institute of Canada. This section does not apply to any injunction application. The venue of any court proceedings will be in the province where your clinic or healthcare organization is located.