Portal Terms

Last updated: October 5, 2022

PLEASE READ THE PROVISIONS OF THIS AGREEMENT CAREFULLY.

 BY ACCESSING THE HARMONYCARE PATIENT PORTAL, YOU HEREBY AGREE TO ABIDE, WITHOUT RESTRICTION OR LIMITATION, BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ITS PROVISIONS, INCLUDING THE LIABILITY WAIVERS CONTAINED THEREIN.

HARMONYCARE MAY MODIFY THE TERMS AND CONDITIONS OF USE OF THIS AGREEMENT FROM TIME TO TIME.

IF THERE IS A MEDICAL EMERGENCY, HARMONYCARE REMINDS YOU NOT TO USE THE PATIENT PORTAL TO TRY TO CONTACT A HEALTH PROFESSIONAL. IF YOU REQUIRE EMERGENCY MEDICAL HELP, TAKE APPROPRIATES MEASURES BY CALLING 911 OR A QUALIFIED HEALTH PROFESSIONAL IMMEDIATELY OR BY GOING TO THE NEAREST HOSPITAL.

DEFINITIONS

“Agreement” refers to this service agreement, and incorporates the Privacy Policy, as may be amended, modified, supplemented or restated from time to time.

“Account” refers to the Patient Portal session through which a Member accesses when logging in with his or her Username and Password.

“Clinic” refers to one or more medical clinics operated by HarmonyCare in which the Patient receives health care services.

“Credit Card” refers to credit cards used to make online payments.

“EHR” refers to all of a Patient’s medical information that can be accessed by HarmonyCare (Electronic Health Record), regardless of the format or presentation.

“HarmonyCare” refers to HarmonyCare Family Practice Inc.

“Manager” refers to one or more Members who are responsible for managing the Registration. The Manager must be 18 or older and cannot be Manager if he or she is not a Member. By default, a Member becomes Manager of the Account at the time of Registration.

“Member” refers to a person over 12 years of age who has registered, or been registered by a third party, as a member of HarmonyCare.

“Password” refers to the personal password that a Member has chosen to authenticate themselves and access the Patient Portal Account.

“Patient” refers to any person who has received or will receive health care services from HarmonyCare. For any person under 14 years of age, the term Patient also refers to that person’s legal guardian.

“Portal” or “Patient Portal” refers to all the online services provided by HarmonyCare to its Members on https://harmonycare.portal.medfarsolutions.com. Access to the Portal, includes, at the discretion of HarmonyCare, access to the following: making Clinic appointments online, access to the EHR and other content issued by HarmonyCare.

“Profile” refers to all the identifying information of a Member, in accordance with what the Member can view or modify on the “My Profile” page in the Patient Portal. For Managers, the Profile also includes online payment information, such as the Credit Card, billing address, etc.

“Privacy Policy” refers to the privacy policy of HarmonyCare accessible at https://harmonycarefamily.com/privacy-policy.

“Registration” refers to the process through which a person registers for the HarmonyCare Patient Portal.

“Subscriber” refers to a person who makes a Registration.

“Username” refers to the unique username given to the Member, which is used as identification when logging in to the Patient Portal.

“Virtual Care Services” refers to the virtual care functions and tools accessible from the Patient Portal to Members, and includes any other remote methods of communication offered by the Clinic to provide Patients with care, such as by telephone or third-party videoconferencing platforms.

ACCEPTANCE

The Patient Portal is made available by HarmonyCare under the condition that you accept, as Member of HarmonyCare’s Patient Portal, the terms and conditions of use set forth in this Agreement.

By registering, you confirm to HarmonyCare that you are 18 years of age or older and consent to each of the terms of this Agreement. You understand that the Registration must have a Manager for the Patient Portal to be accessed online, and that at the time of Registration you will be made Manager. If a Registration no longer has a Manager, access to the Patient Portal and all the information contained within it will be discontinued.

As Patient Portal Member and Account holder, you also agree that HarmonyCare has the right to terminate the Portal services at any time. If you do not agree with these terms of service, do not use the Patient Portal, do not create a Patient Portal Account and do not register as a Member.

If you were registered as a Member by a third party and you do not agree with this Agreement, do not use the Patient Portal. It is your responsibility to ask the Manager or the Clinic directly to remove your name from the list of Members. However, by logging in to the Patient Portal and confirming your access, you confirm to HarmonyCare that you are 12 years of age or older and that you consent, as a non-Manager Member, to all the terms set forth in this Agreement.

You accept, as a Member, all the terms and conditions of use described herein.

REGISTRATION

Any Registration is for an indeterminate period, except if it is terminated in accordance with the terms hereof.

As stated above, access to HarmonyCare Patient Portal provides Members with access to the following: making Clinic appointments online, access to the EHR and other content issued by HarmonyCare and preferential rates for medical consultations, if applicable. For a Registration with multiple Members, information is shared in accordance with the terms and conditions presented in section 10 below. Registration is not mandatory to book a consultation at the Clinic and you can always see someone at HarmonyCare without being registered for the Patient Portal.

Registering for access to the Patient Portal can be done in the following ways:

• Online through the Clinic’s website.
• Over the phone with the Clinic.

PRICING

There are no fees at this time to access the features and functions of the Patient Portal. Any changes to the costs associated with the Patient Portal will be communicated to Members.

HarmonyCare reserves the right to change the fees at any time and without justification. The Manager will be informed of any price modification at least one month before it comes into effect, either by notification on the Patient Portal or by email. The Manager may refuse a price increase and terminate the Registration without charge, penalty or termination fee, in accordance with the procedure established in the present terms and conditions.

CANCELLATION

HarmonyCare reserves the right to suspend or terminate a Registration, or to remove a Member’s access to the Patient Portal, at any time without justification or for any reason, including, but not limited to, cases where (i) Registration at  HarmonyCare  contains incorrect or incomplete information; (ii) HarmonyCare has not been able to receive payment for one or more non-insured services rendered at the Clinic; (iii) HarmonyCare has determined, at its sole discretion, that a Member’s use of the Patient Portal and online services violates these terms and conditions; (v) HarmonyCare suspects illegal or improper use of the Patient Portal.

If HarmonyCare terminates a Registration, this will be communicated to the Manager by written notice through the Patient Portal or by email at least 60 days before termination, unless the Manager or one of the Members are in violation of these terms and conditions, in which case, termination can take place immediately.

Any termination of this kind does not deprive HarmonyCare of its rights and remedies that will extend beyond the termination. Limitations of liability and compensation will continue to apply after the termination or expiration of Registration.

HarmonyCare is not responsible for any damage or loss that may result from its decision to suspend or terminate a Registration or to restrict a Member’s access to the Patient Portal.

SERVICE AVAILABILITY

You understand that HarmonyCare has no legal obligation to guarantee you continuous access to your health record on the Patient Portal or to any other information found on the Patient Portal. At any time and without notice, HarmonyCare can decide to withdraw services or interrupt access to the Patient Portal, particularly to improve the services, and every Member accepts all the risks and consequences resulting from any interruption.

HarmonyCare is not responsible for Patient Portal access interruption or suspension, particularly in the case of outages, network problems, force majeure or events beyond its control, or for any resulting damages.

The loss of part of the Patient Portal’s functions or the temporary unavailability of the latter will not give rise to any compensation or partial refund for the Registration.

In the case where your medical information is no longer available on the Patient Portal, you can always communicate with the Clinic directly to access medical information as required under applicable law.

EHR INFORMATION

Each Member acknowledges that the information contained in their EHR (lab results, X-rays, consultations, etc.) is provided for informational purposes only. HarmonyCare makes no representation or warranties, express or implied, as to the accuracy, availability, security, quality and/or completeness of the information and data. Each Member accepts and acknowledges that the information and data provided by one or more providers may contain advice and recommendations, but HarmonyCare is not responsible for the advice and recommendations contained in the EHR.

It is your responsibility to request any EHR-related explanations, information, advice or corrections from your healthcare practitioner.

VIRTUAL CARE SERVICES

 Each Patient that uses any of the Virtual Care Services offered by the Clinic acknowledge and agree to the following terms:

1. the Patient acknowledges and understands that despite recommendations that encryption software be used as a security mechanism for virtual care tools, it is possible that interacting with a physician of the Clinic or the Clinic’s staff using the Services may not be encrypted. Despite this, the Patient agrees to interact with a physician of the Clinic or the Clinic’s staff using these virtual care services with a full understanding of the risks;
2. the Clinic will use reasonable means to protect the security and confidentiality of information sent and received using the Virtual Care Services. However, because of the inherent risks outlined below, the Clinic cannot guarantee the security and confidentiality of the Virtual Care Services:
   • use of virtual care tools to discuss sensitive information can increase the risk of such information being intercepted by third parties;
   • despite reasonable efforts to protect the privacy and security of information communicated through virtual care platforms, it is not possible to completely secure the information;
3. employers and online services may have a legal right to inspect and keep electronic communications that pass through their system;
4. accessing virtual care tools may inadvertently introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings;
5. communications through virtual care tools can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Clinic or the Patient;
6. even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system;
7. communications through virtual care tools may be disclosed in accordance with a duty to report or a court order; and
8. some videoconferencing platforms may be more open to interception than other forms of videoconferencing.

INFORMATION SENT THROUGH THE PATIENT PORTAL

The EHR contains a certain amount of information about each Patient’s medical condition, particularly personal and confidential information. By logging in to the Patient Portal to make an appointment, view the information it contains, and use any other function made available to Members, a Member acknowledges that he or she is using a means of electronic communication. Thus, as with any other means of electronic communication, using the Patient Portal carries the following additional risks:

• Emails, text messages and instant messages can easily be forwarded, which increases the risk of accidentally sending them to an unknown recipient.
• It is easier to tamper with an email, text message or instant message than with a handwritten or signed document.
• Moreover, it is impossible to verify the true identify of the sender or to ensure that only the intended recipient will be able to read the email once it has been sent.
• The Member and HarmonyCare personnel are asked to use their judgment when communicating medical information on sensitive subjects such as: HIV/AIDS, mental health, developmental disabilities, and addiction to alcohol or other substances. In addition to the subjects mentioned above, the Member agrees to inform the doctor of any other type of information that he or she does not want to be addressed in the Patient Portal. The Member can modify this list at any time by notifying the doctor in writing or by any other mean indicated by HarmonyCare from time to time.
• The Member acknowledges that electronic communications relating to the diagnosis and treatment can be printed or transcribed in full and included in the medical record. Other people who must access the medical record, like personnel and billing staff, may also have access to these communications.

The Member also acknowledges that communicating information through the Patient Portal or any other electronic means is a delayed form of communication and it is best to follow the following practices:

• Although the staff at each Clinic strives to read and answer electronic mail promptly, HarmonyCare cannot guarantee that the staff will read or answer it within a specific period. Therefore, the Patient Portal should not be used if there is a medical emergency or any other situation requiring immediate medical attention.
• If an electronic communication requires a response from a HarmonyCare staff member and no answer has been received within a reasonable time, it is the Member’s responsibility to follow up to determine whether the communication has reached the intended recipient and when they will respond.
• Electronic communications are not a substitute for communications made in person, over the phone, or for clinical examinations, if applicable, or for emergency consultations if needed. It is the Member’s responsibility to ensure that electronic communications are followed up on with HarmonyCare staff members and to make the necessary appointments.
• A Member who needs immediate assistance, or whose condition seems to be worsening or deteriorating rapidly, must not use Patient Portal to inform the staff of HarmonyCare about this. The Member should rather call a Clinic directly or take other appropriate measures, such as going to the nearest hospital.

The Member understands that the Portal might not be used in certain therapeutic situations or to communicate clinical information. If necessary, the use of the Patient Portal will be limited to communications for educational, informational or administrative purposes.

Healthcare providers at the Clinic may decide at their discretion not to make available to Members all or part of their medical information if they judge that this information could be imminently harmful to the Member or to a third party, until the information has been discussed between the health professional and the Patient.

The Patient acknowledges and accepts that HarmonyCare personnel can forward electronic communications to other parties involved in the Patient’s care. The Patient consents that HarmonyCare personnel can use electronic means of communication to communicate with these parties. However, HarmonyCare personnel may not forward electronic communications to third parties, including family members, without having previously obtained the Patient’s written consent, except in cases where it is authorized or required by law. In addition, the Patient can request that access to his or her personal information be restricted to specific practitioners and stakeholders.

MANAGING REGISTRATIONS AND AUTHORIZATIONS

All Registrations must have one Manager who must be 18 years of age or older and acting either for his or herself or on behalf of another individual under power of attorney. One of the Members of the Registration must be designated as Manager for the online services of HarmonyCare to be accessible. By default, the designated Manager is the one who made the initial Registration. Subsequently, the Manager can designate another Member from the same Registration as the new Manager, but he or she must request the change by phone or in person at a Clinic, and not through the Patient Portal.

The Manager is responsible for making the payments (if any) for the Registration and updating the status of each Member. If a Member has an unpaid balance at the Clinic, access to the Patient Portal may be suspended or terminated at the sole and absolute discretion of the Clinic for all Members under a particular Registration and they will no longer be able to make appointments online or access their EHR. It is the Manager’s responsibility to address the situation by contacting a Clinic directly.

The Manager has systematic access to the information of Patients under 12 years of age for whom he or she oversees information sharing authorizations. Patients under 12 years of age do not have an individual login for the Patient Portal. Members who are 12 or older will be provided with their own login for the Patient Portal, with their own Username and Password, and they are to decide individually whether to share the information with other Members in the Registration. Each Members are fully responsible for granting EHR access authorizations to other people in their Registration. Managing information access authorizations is done on the Patient Portal by each Member individually. HarmonyCare will not be liable for information shared unwillingly due to a mistake made when managing authorizations.

PASSWORD

After the Registration, once each Member’s information and email address have been validated, a separate activation email will be sent to each Member. If Registration was made at the Clinic, each Member of the Registration will receive an individual activation email and activation code. The activation code provided by the Clinic must be used to activate access to the Patient Portal when the activation was initiated in the Clinic. By logging in to the Patient Portal, each Member acknowledges and confirms to HarmonyCare that its Profile information is complete, accurate and true.

Each Member is responsible for maintaining the confidentiality of their Username, Password and email address. Each Member shall be held responsible for any changes or extractions of data made during a connection to the Site by means of his Username and Password, whether or not these events have been approved by him or her. Members must notify HarmonyCare as soon as possible of any unauthorized use of their Username and Password. HarmonyCare will not be held responsible or liable, directly or indirectly, for any type of loss or damage incurred by a Member’s failure to comply with these constraints.

The Member agrees not to choose a Password that is easily discoverable, such as their date of birth or other, and to change it from time to time to reduce the risk of unauthorized use. The Member agrees not to disclose their Password to anyone, in any way, nor to record it on any easily accessible document.

PRIVACY POLICY

Members agree all terms and conditions contained in the Privacy Policy as may be amended, amended, modified, supplemented or restated by HarmonyCare at any time.

HarmonyCare uses a secure connection to ensure the confidentiality of information transmitted online. Members agree that using the Patient Portal is subject to the risks and terms and conditions of use set out in this Agreement and that HarmonyCare shall not be liable for any breach in confidentiality of the information provided to it which does not fall within the statutory liability of HarmonyCare and its health professionals.

To verify how their information is accessed, Members are strongly encouraged to consult the “Recent Activity” section to make sure that there has not been any suspicious activity. In the case of suspicious activity, it is the Members’ responsibility to remedy the situation by, among other things, changing their Password or communicating with HarmonyCare to notify them about the situation, including if the information has been accessed by a party who does not provide health care to the Patient.

INTELLECTUAL PROPERTY

Members acknowledge that the form, design and content of the Patient Portal, as well as the trademarks, trade names and domain names found, and the information and data provided by the Patient Portal, other than information of a medical nature (the “Intellectual Property”) are the property of HarmonyCare and/or its information providers, and are protected by the laws relating to copyrights, trademarks, service marks or by other applicable laws or by any applicable intellectual property laws. Any form of downloading, retransmission, copying or modification of Intellectual Property must be done only with the prior consent of HarmonyCare and/or the appropriate information providers, except for copies made for personal use. Members who violate this rule and commit such acts are liable to prosecution.

All names, services, phrases, expressions, names, icons, words or the like may be trademarks or service marks of their respective owners who may be licensed users. The presence of brand names, trademarks or service marks does not imply that any licence has been granted to anyone.

LIMITATIONS OF LIABILITY

Neither HarmonyCare, nor any of its administrators, directors, employees or agents, nor any information providers shall be liable for the following, except as provided for by the law:

5. any inaccuracy, error, delay, interruption or omission regarding information or data;
6. any loss or damage caused, in whole or in part, by events beyond their control as regards to the acquisition, interpretation, compilation, drafting, formatting, presentation or delivery of information or data through the Patient Portal;
7. technical equipment or software failures of any kind; interrupted or unavailable network connections; or failed, incomplete, distorted or delayed data transmission, whether caused by a Subscriber, a Member, HarmonyCare, a third party or to any part of the equipment or programming related to the Patient Portal; or
8. any decision or measure taken by a Member as a result of information or data obtained through the Patient Portal.
9. Notwithstanding the foregoing, Members agree that the liability, if any, of HarmonyCare, its directors, employees, independent contractors, agents and information providers arising from any type of legal action relating in any way to the Patient Portal shall not exceed the amount that the Member has paid to HarmonyCare for access to the Patient Portal, if any.
10. Members agree that HarmonyCare, its directors, employees, independent contractors, agents and information providers shall not be liable for any losses or damages arising from causes beyond their control, in particular, acts or omissions; the failure of mechanical or electronic equipment or communication lines; difficulties with telephone, electronic or other connections; unauthorized access, theft; power outages, labour disputes or intervention by the state. This clause does not detract from the obligation of HarmonyCare under any applicable laws for ensuring that medical records are maintained, updated, accessible and conserved in accordance with the conditions described by applicable laws and regulations.
11. HarmonyCare, its directors, employees, independent contractors, agents and information providers shall in no way be liable for any direct or indirect, special, consequential or incidental damages and, in particular, for any loss of business, loss of earnings, or loss of potential economic benefits resulting from the use or the misuse of the Patient Portal, or from any information, documents or content of the Portal, even if they have been informed of the possibility of such damages, nor of any action undertaken by any other party. HarmonyCare makes no warranties, be it express, implied or statutory, as to the Patient Portal, including information provided by its providers. In particular, but without limitation, HarmonyCare makes no warranties as to the punctuality, security, truthfulness, sequentially, completeness, accuracy or continuity of the information or data transmitted or exchanged; moreover, HarmonyCare makes no warranties, express or implied, as to the fitness for a particular purpose of this information or data.

HarmonyCare, its directors, employees, independent contractors, and agents shall not be liable for any damages that may arise from acts or actions based on the information contained in the Patient Portal, nor for damages suffered as a result of the disclosure of personal or confidential information transmitted electronically.

DATA SECURITY

While HarmonyCare and its suppliers make all reasonable efforts to ensure that the Patient Portal is free from computer viruses and other harmful elements, Members agree that they are solely responsible for taking the necessary precautions to protect their computer and its components, and any software it uses, particularly by using protective software and keeping secure backup copies of any data that they wish to protect.

Thus, Members who communicate with their doctor through the Patient Portal must:

• Avoid as much as possible using a computer belonging to an employer or a third party.
• Notify HarmonyCare personnel of any changes made to their email address, phone number, or any other information required to use the Patient Portal.
• Take the necessary precautions to respect the confidentiality of electronic communications, such as using a screen saver and protecting their Username and Password.

INDEMNIFICATION

Each Member hereby agrees to indemnify and save harmless HarmonyCare, its sucessors, assigns, officers, directors, independent contractors, employees or agents from any claims of any person resulting from any unauthorized use of the Portal or breach of any of the terms and conditions of this Agreement.

AMENDMENTS

HarmonyCare reserves the right to modify, from time to time, the terms and conditions of use of this Agreement or any other terms of use for the Patient Portal. The Manager will be informed of any modification at least one month before it goes into effect, either by notification on the Patient Portal or by email. The Manager may refuse the modification and terminate the Registration without charge, penalty or termination fee, in accordance with the procedure established in the present terms and conditions. It is the Member’s responsibility to regularly consult the terms and conditions of use and verify the “Last Updated” section at the top of the document.

Amendments will take effect on the date of updating.

PROHIBITED USE

Each Member agrees to be solely responsible for the use of the Portal and agrees to comply with any applicable law relating to the use of the Patient Portal and its content. HarmonyCare may verify and investigate any violation of any law and collaborate with legal authorities to prosecute offenders. Using the Patient Portal for commercial purposes, including professional use, is strictly prohibited.

JURISDICTION

HarmonyCare makes no representation and or warranty that these services will be adequate and available for use outside of British Columbia. If you access the online services of HarmonyCare, including its website, Patient Portal, etc., from outside of British Columbia, you are responsible for ensuring that its use, content and downloading comply with the applicable laws of the jurisdiction in which you access it.

The terms and conditions of this Agreement, its interpretation and its application shall be governed by the applicable laws of the province of British Columbia and of Canada.

The parties of this Agreement hereby agree to attorn and submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any jurisdictional objections.

GENERAL PROVISIONS

Other websites: HarmonyCare does not endorse or approve the content of other websites that may be accessed through a hyperlink from this site.

• Non-solicitation: The information and data obtained through the Patient Portal do not constitute in any way a solicitation or an offer to buy or sell.
• Assignment: This Agreement may be assigned by HarmonyCare without consent of the Member to any successor entity or to a third-party entity which may purchase all or substantially all of the Clinic’s assets or operations, subject to applicable laws and regulations.
• Enurement: This Agreement enures to the benefit of and is binding upon the parties and their respective heirs, executors, administrators, estate trustees, trustees, personal or legal representatives, successors and permitted assigns.
• Independent clauses: The invalidity or nullity of one or more provisions of this Agreement or any part thereof shall not affect the other provisions of this Agreement, which shall continue in full force and effect.
• Non-transferability: The rights or obligations arising from this Agreement are non-transferable by a Member without the express written consent of HarmonyCare.
• Entire agreement: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties, and there are no representations, warranties or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set out in this Agreement. No Party has been induced to enter into this Agreement in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included as a term in this Agreement.
• Acknowledgement: Each Member acknowledges having read this Agreement and the conditions for the use of the Patient Portal and agrees to comply with them. As a Member, the simultaneous use of your Username and Password constitutes your signature and is equivalent to the manifestation of your consent. HarmonyCare is not required to verify the true identity or authority by which individuals using a login and password act. Each Member acknowledges having had the opportunity to obtain adequate explanations on the nature and scope of the terms of this Agreement on the use of the Patient Portal.
• Language: The parties have agreed that the Agreement and all communications and documents relating hereto will be solely expressed in the English language.