Terms of Use

MyHealthPEI Terms of Use

Date Last Modified: November 2024

These terms (the “Terms”) govern your use of and access to the services and information available through the MyHealthPEI website (“MyHealthPEI”), owned and operated by His Majesty the King in Right of Prince Edward Island, as represented by Health PEI and the PEI Department of Health and Wellness (DHW), and each entity’s respective agents, suppliers, service providers, and other representatives (collectively, “us”, “our”, or “we”). 

By clicking “I Agree”, you acknowledge that you have read and understood these Terms, and you agree to be bound by these Terms, the MyHealthPEI Privacy Statement and all copyright and disclaimer notices found within MyHealthPEI. 

We may modify these Terms at any time without notice. To continue accessing MyHealthPEI after these Terms have been updated, you must agree to be bound by the updated Terms by clicking 'I Agree.'

1    Eligibility
To be eligible to use MyHealthPEI:

1. you must be at least sixteen years of age;
2. you must have the capacity to agree to these Terms;
3. you must be a resident of the province of Prince Edward Island (PEI); and
4. you must first create a MyPEI account and become an identity-verified user by having your identity confirmed through a verification process. Additional information can be found at MyPEI.princeedwardisland.ca.

2    Important Health and Safety Guidance

1. NEVER DISREGARD ADVICE FROM DOCTORS OR OTHER CERTIFIED MEDICAL PROFESSIONALS OR CANCEL ANY MEDICAL APPOINTMENTS WITH CERTIFIED MEDICAL PROFESSIONALS IN FAVOUR OF RELYING ON INFORMATION YOU HAVE ACCESSED ON MYHEALTHPEI.
2. ALWAYS CONSULT A DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE QUESTIONS REGARDING ANY MEDICAL ISSUES OR CONCERNS YOU MAY HAVE.
3. MYHEALTHPEI IS NOT INTENDED FOR URGENT MATTERS OR USE IN EMERGENCIES. DO NOT SEND COMMUNICATIONS THROUGH MYHEALTHPEI THAT REQUIRE URGENT ATTENTION. IN CASE OF AN EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY BY DIALLING 911. 

3    Privacy

1. Your privacy is important to us. Any personal information or personal health information you provide to us through MyHealthPEI will be handled in accordance with the laws of PEI and the MyHealthPEI Privacy Statement.
2. You acknowledge that we will collect and use your personal information and personal health information as permitted by the Freedom of Information and Protection of Privacy Act (Section 31(c)) and the Health Information Act, for the purposes of providing MyHealthPEI. 

4    User Obligations; Acceptable Use of MyHealthPEI

1. When accessing or using MyHealthPEI, you must not do any of the following:
   1. damage, disable, or interfere with the security of MyHealthPEI (including uploading, posting or otherwise transmitting any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful or disruptive);
   2. use any automatic program or devices to extract information from MyHealthPEI in whole or in part;
   3. use or access MyHealthPEI in any manner that is threatening, abusive, defamatory, pornographic, offensive, or otherwise objectionable;
   4. use MyHealthPEI or any materials from MyHealthPEI in violation of any applicable local, national, or international law, rule, or regulation; or
   5. use MyHealthPEI for anything other than your own personal, non-commercial purposes.
2. When accessing or using MyHealthPEI, you are responsible for the following:
   1. providing and maintaining your own network connections and telecommunications links;
   2. ensuring that all information you enter into MyHealthPEI is accurate, true, complete, and up to date;
   3. implementing any safeguards necessary to protect your computer system and data; and
   4. maintaining the confidentiality of the passwords you use to access MyHealthPEI;
3. MyHealthPEI is intended solely for use in PEI. If you choose to access MyHealthPEI from any location outside of PEI, you will be responsible for ensuring that your use of MyHealthPEI complies with local laws. 

5    Acknowledgements; MyHealthPEI Scope
You acknowledge the following:

1. You are using MyHealthPEI at your sole discretion and risk.
2. Information provided by MyHealthPEI does not constitute your entire health record and is intended to be used for informational purposes only.
3. The types and amount of information made available via MyHealthPEI may be updated from time to time. Any information contained in MyHealthPEI, other than the information you enter, may be changed or updated without notice.
4. MyHealthPEI (and any information provided through MyHealthPEI) is not intended to do any of the following:
   1. to be used as a medical device;
   2. replace or serve as a substitute for the standard practices, professional judgment, skill and expertise of doctors or other health care providers;
   3. replace consultations with a health care professional;
   4. assist with diagnosis of medical conditions or drive diagnostic decision-making;
   5. provide medical or health advice or medical treatment; or
   6. replace or act as a substitute for medical advice obtained from a doctor or other health service provider.
5. You should not rely on MyHealthPEI for important alerts. You may still be at risk in relation to a specific situation or combination of situations regardless of whether MyHealthPEI generates an alert.
6. You may receive health information or test results through MyHealthPEI that you have not yet discussed with a health care provider. You should exercise caution or consider avoiding use of MyHealthPEI altogether if you believe that accessing such information may reasonably cause harm to your mental or physical health or that of another individual.
7. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in or linked to by MyHealthPEI.

6    Uploading and Storing Information

You acknowledge that the accuracy and completeness of the data and information you upload to MyHealthPEI is solely within your control. Any data or information you add to MyHealthPEI will be viewed by health care providers as informational only, and only with your consent. 

7    Indirect Collection of Health Information

1. Upon your request, we may, at our discretion, populate your record with certain aspects of your personal health information taken from Health PEI, DHW, or other third-party sources. To the extent any such information is not within the custody or under the control of either Health PEI or DHW, you hereby expressly authorize us to collect your individually identifying health information from the relevant third parties and to share it with you by entering it into your MyHealthPEI.
2. We may correct or amend information in MyHealthPEI as we deem necessary, including information obtained from a third-party source.
3. You will flag any inaccuracies in the information populated into your MyHealthPEI through user support.

8    Third Party Websites

You acknowledge that any links to third-party websites and servers on MyHealthPEI are provided solely for your convenience and do not constitute our endorsement of the content on those websites. We encourage you to review the privacy policies of any linked websites before navigating to any website or disclosing personal information or personal health information online.

9    Connecting Third Party Devices

You may connect certain third-party personal health devices to MyHealthPEI to enter, upload, store, access, and export personal health information and other types of information, including copies of documents, records, and images. You acknowledge the following: 

1. you are solely responsible for the accuracy of any information that you upload into MyHealthPEI from a personal health device.
2. third party devices are owned and managed by third parties;
3. each third-party device provider maintains its own privacy policy, End User License Agreement or other terms of use, and such terms govern your use of the third-party devices, connections, and associated software and may be modified by the third-party providers at their discretion.
4. We do not warrant or guarantee your continued access to third-party devices, or that any third-party companies will be compliant with data privacy legislation or other specific laws and regulations.

10    Disclaimers

1. We expressly disclaim all implied warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We are providing MyHealthPEI strictly on an ‘as is’, ‘as available’ basis.
2. We do not warrant or guarantee that:
   1. MyHealthPEI will function completely uninterrupted or error free;
   2. data loss will not occur;
   3. any content obtained from MyHealthPEI, including without limitation medical information or test results, will be accurate, up to date, complete, reliable, available, or applicable to any given situation;
   4. MyHealthPEI or any materials you download from MyHealthPEI will be free of viruses, worms, trojan horses, or any other destructive code or security risks;
   5. any test results, including, without limitation, any x-rays, personal medical images, or other documents stored on MyHealthPEI will be of an acceptable quality;
   6. any materials found on or provided by any third-party websites to which the MyHealthPEI provides links will be accurate, complete, effective, or up to date, or that the privacy practices of such websites will meet your expectations; or
   7. materials on or accessible through MyHealthPEI are appropriate or available for use in locations outside of PEI.
3. We will not be liable for:
   1. any issues arising because your information in MyHealthPEI is inaccurate, incomplete, or out of date;
   2. any health care provider’s use of MyHealthPEI or for any treatment provided to you as a result of your use of MyHealthPEI;
   3. any delay, failure, interruption or corruption of any data transmitted in connection with MyHealthPEI;
   4. any loss or damages resulting from unauthorized access to your information in MyHealthPEI due to your failure to protect your password; or
   5. any losses, damages, or other costs you incur in relation to your computer system because of your use of MyHealthPEI, including without limitation service, repairs, or other necessary corrections.
4. We will not use information stored in MyHealthPEI as a medical record for you or as the basis for making decisions about you.

11    Limitation of Liability

1. We will not be liable to you for any injuries (including wrongful death), direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, damages of any form resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to MyHealthPEI or any of the following:
   1. your use, inability to use, or reliance on MyHealthPEI, or the use of any other site or content accessible form MyHealthPEI, including third party websites; or
   2. our handling of your personal information or personal health information, except as required by applicable law.
2. Your sole remedy for dissatisfaction with MyHealthPEI is to immediately stop using the MyHealthPEI.
3. The disclaimers and limitations in these Terms apply regardless of the nature or form of the claim, whether arising from breach of contract, tort (including negligence), or otherwise, regardless of whether the parties were advised of a possibility of loss, damage, claim, liability or delay.

12    Copyright; Ownership; Use of Intellectual Property

1. The materials on MyHealthPEI are available for personal and non-commercial educational use. They are intended to provide users with direct access to appropriate health information and information about programs and services offered by the Government of PEI.
2. You acknowledge that all materials contained within or linked to by MyHealthPEI, including, without limitation, information, text, videos, photos, content, graphics, sound, and other multimedia content, are protected by various copyright legislation and supplementary proprietary rights. All such rights are reserved.
3. You may not modify, publish, transfer, sell, create derivative works from, or otherwise exploit the materials provided by MyHealthPEI, in whole or in part, without prior written consent from the copyright holder. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the materials may be a violation of federal or other law and could result in legal action.
4. Unless otherwise prohibited, you may reproduce materials from MyHealthPEI for personal use or non-commercial educational purposes if you:
   1. do not modify the materials being reproduced;
   2. exercise due diligence to ensure the accuracy of the materials being reproduced;
   3. identify MyHealthPEI as the source of the materials; and
   4. do not represent the reproduction as an official version, or as having been made in affiliation with us. 

13    Trademarks

All trademarks used or displayed on MyHealthPEI are registered or unregistered trademarks or official marks of the Government of PEI, Health PEI, DHW or third-party providers. Nothing on MyHealthPEI should be interpreted to grant any license to use any trademark or official mark without the express written permission of the rightsholder. 

14    Termination of Use; Suspension

1. If we determine that you have breached any of these Terms, we may suspend or terminate your access to MyHealthPEI, its related services, or any portion thereof including links to associated applications at any time, with or without notice.
2. Upon such suspension or termination and thereafter, the following will apply:
   1. you may not access MyHealthPEI or any third-party services you may have accessed through MyHealthPEI;
   2. you must immediately destroy any educational, informational, or copyrighted materials you obtained from MyHealthPEI that are not your personal health information or other personal data; and
   3. you will be required to take any additional reasonable steps that we may direct in respect of the termination of your use of MyHealthPEI.
3. We will not be liable for any loss or destruction of your information in MyHealthPEI resulting from the termination of your access to MyHealthPEI due to your breach of these Terms.
4. We may suspend connectivity between the MyPEI service and MyHealthPEI at any time without notice if we reasonably believe that such suspension is necessary to prevent imminent threats to the privacy, security, integrity, performance, or availability of MyHealthPEI or information stored on MyHealthPEI, or to comply with any applicable laws. We will use reasonable efforts to promptly restore connectivity once we deem that the underlying issues or threats have been resolved.

15    Third Party Beneficiaries

1. Except as set forth in subsection (b), below, these Terms do not confer any legal, equitable or other rights or remedies upon any person or entity other than the parties to this Agreement and their respective successors and assigns.
2. The parties hereby designate Telus Health Solutions Inc., a third-party supplier of MyHealthPEI, as a third-party beneficiary of these Terms, for the purpose of enforcing that portion of these Terms that directly affect its interests.  

16    General

1. These Terms constitute the entire agreement between us and you pertaining to MyHealthPEI. Certain provisions from these Terms of use may be superseded by expressly designated legal notices or terms located on particular pages within MyHealthPEI.
2. If a court of competent jurisdiction finds any provision within these Terms to be invalid, the parties hereto nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the invalid provision and ensure that the remaining provisions of the Terms remain in full force and effect.
3. Any failure by us to enforce strict performance of any provision of these Terms will not be construed as a waiver of any such provision or right.
4. MyHealthPEI is administered by Health PEI and DHW, which are located in PEI, Canada. These Terms will be governed by and interpreted in accordance with the laws of the province of PEI and the laws of Canada, as applicable. By accessing MyHealthPEI, you submit to the non-exclusive jurisdiction of the courts of Prince Edward Island.