Terms & Conditions
Ned is a University Health Network (UHN) product.
University Health Network (UHN) is Canada’s leading research academic hospital. Building on the strengths and reputation of each of its programs, UHN brings together the talent and resources needed to achieve global impact and provide exemplary patient care, research and education.
To learn more visit:www.ehealthinnovation.org
Investigational Device to be used by qualified investigators only.
Instrument de recherché reserve uniquement à l’usage de chercheurs compétents.
Ned © 2016 University Health Network
Developed by the Centre for Global eHealth Innovation (University Health Network)
All rights reserved.
All information in this Application (the “App”) is protected by copyright in Canada and internationally. The App, including all images, photographs, animations, text and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by University Health Network (“UHN”), Dr. Andrew Feifer, or its licensors. No information can be reproduced or distributed without the prior and express permission of UHN.
For information, questions, or complaints, please write to:
Centre for Global eHealth Innovation
Toronto General Hospital, University Health Network
190 Elizabeth Street
Toronto, ON, M5G 2C4
Telephone: 416-340-4800 x4765
B. END USER LICENSE AGREEMENT
Please read the following End User License Agreement (“EULA”), including all disclaimers and terms and conditions of use below, carefully before using the App. By using or accessing this App you acknowledge that you have read, understood and accepted the disclaimers and terms and conditions of use contained in this EULA. If you do not accept any of these disclaimers or terms and conditions, you must not use the App.
Information in this App has been developed by UHN.
1. DISCLAIMER: UNIVERSITY HEALTH NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION PROVIDED. THE INFORMATION CONTAINED IN OR PRESENTED FROM THE APP IS EXCLUSIVELY INTENDED FOR SELF MANAGEMENT PURPOSES AND COMES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE IN RESPECT OF THE APP AND/OR ANY MAINTENANCE OR SUPPORT FOR THE APPLICATION IS EXPRESSLY DISCLAIMED. APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, INCLUDING ANY DOMESTIC LEGISLATION IMPLEMENTING SAME, IS EXPRESSLY DISCLAIMED.
2. Disclaimer. Neither UHN, as an entity, nor any of its staff or contractors cannot under any circumstance be held liable for consequences caused by or deriving from the use of the App or any information contained in the App. UHN is not liable for damages arising from use of the App, including any that may arise from any defects or viruses (or similarly disruptive elements) caused from downloading or using the App, or from websites (via hyperlinks) to which references are made in the App, nor from information provided in the App or these referred websites. In no event shall UHN be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the App (including any loss of data), regardless of how arising or the theory of liability whether arising in contract, tort, negligence or otherwise. You are responsible for backing up any data you enter into the Application. Computer devices may malfunction from time to time and any unsaved data may be lost.
3. Governing Law and Jurisdiction. This EULA shall be interpreted under, and any action or claim arising from or related to the App shall be brought in the courts of, and governed exclusively by, the laws of Ontario, Canada and the applicable laws of Canada applicable therein, without regard to its conflicts of laws principles. Unless prohibited by applicable law, you expressly waive the right to participate in a class action proceeding.
4. Changes and Updates. UHN reserves the right to update or change information contained in the App without prior notice or prior acceptance.
5. Purpose of App. The App is intended for general patient education, symptom tracking and to facilitate patient access to their prostate specific antigen information. It is not a medical device. Nothing contained in the App should be construed, directly or indirectly, as the practice of medicine or providing medical advice or medical services by UHN. The App is not intended to diagnose, cure, mitigate, treat, or prevent disease or other conditions.
6. Not Medical Advice. The App is not a substitute for professional medical advice, diagnosis or treatment. Never make changes to your medication, nor adjust your dose, without first consulting your health care provider. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the App. If you have, or suspect you have, a health problem, or if you experience an adverse side effect, please consult your doctor. If you have, or suspect you are experiencing a health emergency, please call 911 and/or promptly visit a Hospital Emergency Department in your area.
7. No Regulatory Approval. The App has not been evaluated by Health Canada, the United States Food and Drug Administration (“USFDA”) or any other domestic or foreign regulatory agency and is not approved to diagnose, treat, cure or prevent any disease or for the prescription of any medication or treatment. While the information contained may be of use in other jurisdictions, these materials were provided and designed for use in Canada and you are solely responsible for ensuring suitability and permitted use in other jurisdictions.
8. Contact Information. If you have any questions about this EULA or any of its disclaimers, terms or conditions of use or general questions, please contact us using the contact information set out above.
9. Express Consent to Receiving Electronic Messages and Upgrades from UHN. By using the App, I hereby expressly consent to receiving electronic messages from UHN, including alerts and reminders, information, notifications, requests for your feedback, commercial messages, and other communications from UHN and as well as any applicable software updates or upgrades.
C. COLLECTION OF DATA
1. Transmission of non-identifying data to UHN. The App collects non-personally identifiable data (which is transmitted back to us) through the App regarding the use of the App in order to better understand use of the App and to help us identify areas for improvement. If you do not consent to the transmission of this data to UHN, then you must not use the App.
2. Transmission non-identifying data to Google Analytics. The App collects non-personally identifiable data (which is transmitted back to Google Analytics) through the App regarding the use of the App in order to better understand use of the App and to help us identify areas for improvement. If you do not consent to the transmission of this data to Google Analytics, then you must not use the App.
4. Transmission of Identifying Data and PHI from OLIS. This App allows users to obtain personal information and/or personal health information (“PHI”) from Ontario Laboratory Information Systems (“OLIS”) through their health care provider. UHN is not responsible for the availability and accuracy of the data transmitted from OLIS.
5. DISCLAIMER. THE APP TRANSMITS YOUR PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION OVER THE INTERNET. INFORMATION TRANSMITTED OVER THE INTERNET MAY BE AT RISK OF INADVERTANT LOSS OR THEFT. UHN CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE APP. BY USING THE APP, YOU AGREE THAT YOUR ACCESS AND USE OF THE APP AND THE CONTENT, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
D. LIMITED LICENSE
Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring, and UHN grants you a personal, limited, non-exclusive and non-transferable license to install and use the App on your device for personal, non-commercial use and subject to any usage rules set forth by the distributor. This EULA does not entitle you to receive from UHN hard-copy documentation, support, telephone assistance or enhancements or updates to the App.
E. APPLE DEVICE SPECIFIC TERMS
These terms supplement and are in addition to the terms of the Agreement for users who purchase and/or install the App on Apple, Inc. ("Apple") iPhone, iPod touch and/or iPad products (collectively, "Apple Devices"):
1. Limited License. Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring and UHN grants you a personal, limited, non-exclusive and non-transferable license to install and use the App on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. Authorized Apple Device(s) are those that you own or control, or as permitted by the App Store Terms of Services as of the effective date, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing. This EULA does not entitle you to receive from UHN hard-copy documentation, support, telephone assistance or enhancements or updates to the App.
2. No Apple Warranty. We both agree that this EULA is concluded between you and UHN, and that Apple is not responsible for the App, its content and/or for the provision of any maintenance and support services regarding the App. No warranties are provided by Apple. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and no liability for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
3. Apple Disclaimer. Apple shall not be responsible for any claims by you or any third party relating to App and/or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the App or your possession and use of the App infringes on the intellectual property rights of the third party.
4. Your Location. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Third Party Terms. You agree that you will comply with any applicable third party terms of agreement when using the App.
6. Enforcement. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof
Third Party-Software Licenses
Portions of this application were derived from various third party and Open Source libraries and are used under the following terms:
- Angular © 2010-2015
- Google, Inc. Used under the MIT license.
- jQuery © 2014
- jQuery Foundation and other contributors. Used under the MIT license.
- Bootstrap © 2013
- Twitter, Inc. Used under the Apache license v2.0.
- ng-idle © 2013
- Mike Grabski. Used under the MIT license.
- string-format-js © 2014
- tmaeda1981jp. Used under the MIT license.
- ng-table © 2013
- esvit. Used under the New BSD license.
- json3 © 2012 – 2014
- Kit Cambridge. Used under the MIT license.
- flotcharts © 2007 – 2014
- IliA and liE Laursen. Used under the MIT license.
- es5-shim © 2009 – 2014
- Kristopher Michael Kowal and contributors. Used under the MIT license.
- ngCordova © 2014
- Drifty. Used under the MIT license.
- Apache TomEE © 1999 – 2014. Used under the Apache license v2.0.
- Java Notifier © 2013
- Bugsnag. Used under the MIT license.
- Bugsnag JS Notifier © 2013. Used under the MIT license.
- Jackson JSON processor Used under the Apache license 2.0.