Apr 13, 2021
The term Personal Health Record or “PHR“ in short is collectively used to represent the PHR solutions owned and operated by Bright Health Solutions Society, herein referred to as Bright Health, a not-for-profit organization based in British Columbia, Canada. The PHR offerings include such applications as miDASH, myhealthkey, intellify, Synapse and any other future applications or enhancements to the existing line-up.
If you have an emergency, or need to speak to someone urgently, please dial 911 or go to the nearest hospital. For advice about test results or your medical conditions or any information presented in the PHR, please contact your physician.
No Medical Advice
Depending on your account, The PHR will provide you all or some of the following features relating to your health: conditions as identified by your health care providers, messages to and from your health care providers, online scheduling with your health care providers, laboratory results ordered by your health care providers, documents shared by your health care providers, your own entered health goals, information collected by your devices and other information. The PHR is not intended to provide you with medical or other advice.
Your physician or other health care provider has specialized medical training that allows him or her to understand the implications of the test results. If you do not discuss your test results with your physician, it is possible that you might misunderstand the implications of the test results. For advice about your laboratory results your medical conditions or any information presented in the PHR, ask your physician.
Any health and health-related information presented in the PHR should not be used as a substitute for a visit to your physician or other health care provider. Any such information that you obtain from this web site might be inappropriate for your own situation or might be misinterpreted. Bright Health assumes no responsibility for how you use the information you obtain from this site.
Neither the PHR nor any other application available through this web site is a substitute for appropriate and timely contact with your physician. Never change or stop any course of treatment without first consulting your physician.
If you have an emergency, or need to speak to someone urgently, please dial 911 or go to the nearest hospital or contact your physician.
Not a “Health Information Custodian"
The PHR is not a "health information custodian" as defined either by the Personal Information Protection Act, British Columbia or the Ontario Personal Health Information Protection Act. You are the custodian of your health information in the PHR.
Consent for Personal and Health Information and Other Content
You consent to the collection and storage in the PHR, your personal information, laboratory information and other health information from your health care providers and provincial systems on your behalf.
Bright Health does not create and has no responsibility for the health information, laboratory test results and other content that may be available through the PHR. While every effort has been made to maintain the validity, accuracy, completeness, integrity, quality and timeliness of any laboratory test results or other content available through the PHR, you agree that Bright Health is not liable in any way for the validity, accuracy, completeness, integrity, quality and timeliness of any laboratory test results or other content available through the PHR. Bright Health is not liable for your use or non-use of, and your reliance or non-reliance on, any of the information present in the PHR. Use of the content in the PHR is at your own risk.
Registration Information, Usernames and Passwords
The PHR will prompt you for a series of questions that must be answered as part of the registration process in order for you to be granted access to the PHR.
Your username and password used to access the PHR are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on the PHR by users using your ID or password, including but not limited to use of your password by any third party. Bright Health will not be responsible for any unauthorized use of your username or password or any charges incurred through unauthorized use.
Use of PHR
You may use the PHR for your personal, non-commercial purposes. You may not use the PHR for any other purpose. You are not permitted to make any resale, commercial or derivative use of the PHR, or use any data mining, robots, or similar data gathering and extraction methods.
Changes to PHR
Bright Health may alter, suspend, or discontinue any aspect of the PHR at any time, including the availability of any PHR feature or content. Bright Health may also impose limits on certain features and aspects of the PHR or restrict your access to parts of or all of the PHR without notice or liability. Bright Health may discontinue or change the PHR or its availability to you at any time with or without notice.
Termination of Access to the PHR
Ownership of the PHR
If and to the extent that, for your access to or use of the PHR, you have downloaded any software from Bright Health or have otherwise received any such software (such as, by way of example, from your physician or another caregiver), then Bright Health grants to you a personal, non-transferable and non-exclusive right and license to use the object code of such software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the PHR. You agree not to access the PHR by any means other than through the interface that is provided by Bright Health for use in accessing the PHR.
miDASH, intellify, intelliDASH, RapidRx, Synapse, MOIS EMR, MOIS Cloud EMR, myhealthkey, brighthealth.ca and all other products and services offered by Bright Health are the trademarks and service marks of Bright Health. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on this web site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this web site without the express written permission of Bright Health or the third party that may own the trademark, service mark, or logo.
Pricing and Payment Terms (currently only applicable to miDASH users)
By using the Service, you signify that you have read, understood, and agree to be bound by these Pricing and Payment Terms.
miDASH accepts certain credit cards and will automatically charge your selected credit card for all applicable fees on a monthly or yearly basis, depending on which Plan you select, until you or we cancel your Plan. The Plan fee will be billed when you first choose to open a Plan and each month or year (depending on which Plan you select) thereafter unless and until you cancel your membership. Plan charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or miDASH is unable to process your transaction using the credit card information provided, miDASH reserves the right to revoke access to your miDASH Plan. Provincial taxation will be applied appropriately.
All information that you provide in connection with a monetary transaction through the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction through the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any monetary transactions.
If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your Plan setting page. If your credit card reaches its expiration date, your continued use of the miDASH constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
1. No Refunds
You may cancel your miDASH Plan at any time. However, there are no refunds for cancellation; if you cancel before the end of your billing cycle you have access to your Plan for the remainder of the billing cycle. In the event that miDASH suspends or terminates your Plan or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your Plan, or for anything else.
2. Cancelling Your Plan
Your miDASH Plan will continue in effect until you cancel your Plan, or we terminate it. You must cancel your Plan before it renews each month or year (depending on which Plan you select) in order to avoid billing of the next month’s/year’s fees associated with your credit card. miDASH will bill the monthly/yearly fees associated with your Plan plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
3. Changes to the Pricing and Payment Terms
miDASH may, at its sole discretion, modify or update these Pricing and Payment Terms from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date in this text.
4. Special Offers
miDASH may enable special offers for certain eligible groups. If you qualify and subscribe through a special offer, you will be billed the advertised special rate for the appropriate time period and will be automatically renewed at the regular rate after that.
If you have any questions regarding these Pricing and Payment Terms, please contact us at firstname.lastname@example.org
“As Is” Basis
The PHR is provided on an as is basis without representations, warranties or conditions of any kind, either express or implied or statutory. You expressly agree that all use of the PHR is at your sole risk. You agree that Bright Health assumes no liability if the PHR is unavailable at any time, or for the reliability, validity, accuracy, completeness, integrity, quality or timeliness of, or any failure to deliver or store, the PHR or any laboratory test results or other content. Bright Health does not represent or warrant the reliability, validity, accuracy, completeness, integrity, quality or timeliness of any laboratory test results or other content. You acknowledge that any use, non-use or reliance upon any such laboratory test results or other content will be at your sole risk.
To the extent permitted by law, Bright Health disclaims all representations, warranties, or conditions regarding the PHR, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non-infringement. Bright Health does not represent or warrant that the PHR or any laboratory test results or other content is or will be accurate, complete, reliable or current, or that the PHR will operate error free or uninterrupted or that the PHR is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You acknowledge that Bright Health is not responsible for any interruption or suspension of the PHR, regardless of the cause of the interruption or suspension.
Limitation of Liability
To the extent permitted by law, in no event will Bright Health or its partners or the suppliers of laboratory test results or other content, or its or their affiliates, licenses, or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including without limitation any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings or loss of data, for any cause of action whatsoever, and whether in contract, tort (including negligence) or any other legal or equitable theory arising out of or in any way connected with use of the PHR. Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you.
Privacy and Confidentiality
Links or Pointers to Other Sites
Bright Health makes no representations whatsoever about any other web site that you may access through this site or any entity that may post its advertisements on this site. When you access a non- Bright Health site, please understand that it is independent from Bright Health and that Bright Health has no control over the content on that site. In addition, a hyperlink to a non- Bright Health site does not mean that Bright Health endorses or accepts any responsibility for the content or the use of the linked site. Bright Health does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
Hyperlinks to this Site
Persons constructing other web sites may link to the home page on this site, but may not link to any other page on this site. You may not copy any of the materials from this site onto your own web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don't link at all. Any other use will be a violation of copyright and could subject you to legal action.
Governing Law and Disputes
Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.
Contractual Limitation Period
Severability of Terms