ONE Pages Services Agreement

ONE Pages Services will be provided to you by Ontario Health, a corporation under The Connecting Care Act, 2019, upon your signed acceptance of the terms and conditions in this ONE Pages Services Agreement (this “Agreement”) and written acknowledgement from Ontario Health that it received your signed Agreement and is ready to provide these services. All access to and use of ONE Pages is subject to the terms and conditions of this Agreement, as may be amended from time-to-time. Ontario Health will provide notice of any amendment to this Agreement, along with its effective date and a link to the amended Agreement, at https://ehealthontario.on.ca/docs and such amendment will be binding on you unless you refuse its terms. If you refuse the terms of any amended Agreement, you must stop your use of ONE Pages and promptly advise Ontario Health of your decision.

1. DEFINITIONS, INTERPRETATION AND OBLIGATIONS
   1. The words “agent”, “health care”, and “health information custodian” have the meanings ascribed to such terms in the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A (PHIPA), as amended from time-to-time; “personal information” means all recorded information about an identifiable individual or is defined as or deemed to be personal information pursuant to any Applicable Laws; and “you” and “your” mean the party identified in the signing block below, which may be an individual health care custodian, a corporation or other organisation.
   2. Unless otherwise defined, capitalised words have the following meanings:
      • “Applicable Laws” means any laws applicable in the Province of Ontario to the ONE Pages Services or to you, including PHIPA and any guidelines of any college governed by the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (RHPA) that are applicable in the circumstances;
      • “Computer Application” means any software that is used by you to enable you or your agents access to and use of the ONE Pages Services;
      • “ONE Pages” means the directory of health care professionals, and other individuals within the health care sector.
      • “ONE Pages Services” means the directory service provided by Ontario Health for the purposes of facilitating communication between health care professionals and other individuals within the Ontario health care sector.
   3. ONE Pages Services. Ontario Health is making available to health care practitioners and other organisations in the Ontario health care sector access to ONE Pages, which is operated and maintained by Ontario Health under the following conditions:
      1. Ontario Health is solely responsible for determining the format of the listings, which may change from time to time. Ontario Health does not represent or warrant that the listings in ONE Pages will be complete or accurate.
      2. For each individual to be included on ONE Pages, the following information is required: first name; last name; department (if applicable); email address; and the name of the health care organization with which that user is affiliated. You acknowledge and will inform any of your agents that the types of information listed on ONE Pages is in the sole discretion of Ontario Health and may change from time to time;
      3. To the extent that any information to be included on the ONE Pages is deemed personal information, you are solely responsible for obtaining the consents necessary for the inclusion of such information on the ONE Pages and to the disclosure of such information to, and use by, other users of ONE Pages;
      4. Ontario Health recognises that in certain exceptional circumstances some your agents may need to remove their information from ONE Pages. You may also choose to remove certain agents for confidentiality reasons. In all cases, a written notice must be sent to Ontario Health; and
      5. Ontario Health will bear the cost of maintaining the ONE Pages Services and, provided you and your agents remain in compliance with the terms of this Agreement, will provide access to ONE Pages for use by you and your agents. You are solely responsible for the cost of engaging, receiving and using the ONE Pages Service.
   4. Statement of Information Practices. A current copy of the Ontario Health Statement of Information Practices is available on a link at https://ehealthontario.on.ca/privacy. Any amended version of the Statement of Information Practices will be posted at such website from time-to-time.
   5. Your Obligations for Access to the ONE Pages Services. You and your agents (as applicable) agree:
      1. to comply with all Applicable Laws including those pertaining to the protection and confidentiality of any information that will be available from ONE Pages;
      2. to be solely responsible for arranging access to and use of a Computer Application, including any costs of maintaining your access to and use of such Computer Application. Any issues with access to or use of the Computer Application should be directed to the Computer Application provider;
      3. to provide Ontario Health with any information it requires for the ONE Pages Services in an electronic means acceptable to Ontario Health (acting reasonably), including any updates to such information as may be required from time-to-time;
      4. to ensure that any information related to you or any agents for ONE Pages is accurate and complete, and you are responsible for informing Ontario Health should there be any change to such information and providing updated information. You are also responsible for informing Ontario Health should you notice that the information in the ONE Pages relating to any of your agents is incorrect and providing the correct information;
      5. to maintain policies and procedures required to ensure compliance with this Agreement;
      6. any breach of this Agreement or Applicable Laws by you or any of your agents is a breach of this Agreement;
      7. to access ONE Pages through your Computer Application and only for the purposes of seeking contact information to communicate with health care professionals and other individuals within the Ontario health care sector and not to use or disclose that information for any other purpose other than communicating with other health care professionals listed in ONE Pages in a manner consistent with the terms and conditions of this Agreement;
      8. to not intentionally insert into any part or component of the systems operated by Ontario Health any virus, disabling device or code;
      9. to ensure email from any of your domains to the email domains of any other users listed in One Pages is encrypted using standards specified by Ontario Health;
      10. to ensure email threat protection is in place to guard against cyber security threats, including your Computer Application; and
      11. to comply with the current version of the Ontario Health Acceptable Use Policy, a copy of which is available at https://ehealthontario.on.ca/docs. Ontario Health may in the future amend the Acceptable Use Policy and post such amendment at https://ehealthontario.on.ca/docs, and your continued use of the ONE Pages Services constitutes acceptance of any such amendment. In the event of any conflict between the Acceptable Use Policy and any term and/or condition of this Agreement, the term and/or condition of this Agreement will prevail.
   6. Ontario Health Obligations. Ontario Health will:
      1. subject to your continued compliance with this Agreement, provide you with access to ONE Pages;
      2. comply with all Applicable Laws including those pertaining to the protection and confidentiality of personal information;
      3. operate in accordance with reasonable business practices and use reasonable efforts to make access to and use of ONE Pages available during published service hours. From time-to-time ONE Pages may not be available due to conditions beyond the reasonable control of Ontario Health; and
      4. manage, in a secure manner, any devices, codes or other security measures it creates for enabling access to the ONE Pages Services.
   7. Suspension of ONE Pages Services. Ontario Health may suspend access to and use of ONE Pages: (a) with notice to you if you or any of your agents are not in compliance with any provisions of this Agreement and such non-compliance has not been cured within thirty days of your receipt of written notice; or (b) immediately if Ontario Health has reasonable grounds to believe there has been unauthorised access to the ONE Pages Services through your interface, provided that Ontario Health will promptly investigate such event and will use all reasonable efforts to reinstate your access to and use of the ONE Pages Services as soon as possible.
   8. Termination of ONE Pages Services.
      1. You may terminate this Agreement upon thirty days’ written notice to Ontario Health.
      2. Ontario Health may terminate this Agreement and your access to and use of the ONE Mail Services upon thirty days’ notice to you.
2. DISCLAIMER, LIABILITY AND GENERAL
   1. Disclaimer. All information and content provided through the ONE Pages Services is provided to Ontario Health by third parties and may not necessarily contain all necessary information to contact another health care professional listed. Ontario Health will use commercially reasonable efforts to prevent the loss, corruption alteration of any information after it has been received by Ontario Health from third parties, however Ontario Health expressly disclaims all representations, warranties and conditions in respect of the accuracy, completeness and timeliness of such information and content to the extent caused by a third party that contributed such information or content. In addition, the ONE Pages Services may malfunction from time to time, so Ontario Health does not guarantee or warrant that the ONE Pages Services will operate at all times on an error-free basis or without interruption from time to time.
   2. Liability. Ontario Health assumes no liability for any decision or action taken by any person using the ONE Pages Services. In no event will either party, or its directors, agents, officers, employees, or staff be held liable to the other party for any losses, expenses, costs, damages or liabilities or any causes of action, actions, claims, demands, lawsuits, inquiries, investigations or other proceedings in any way based upon, occasioned by, attributable to, or arising out of access to the ONE Pages Services, whether such claim arises in contract, tort (including negligence) or otherwise, even if it has been advised of the possibility of such damages in advance; provided that such losses, expenses, costs, damages or liabilities are not caused by the wilful misconduct of that party.
   3. Notices. Any notices required or permitted to be given by you to Ontario Health in connection with this Agreement will be given to the its Service Desk at: Tel.: 1-866-250-1554; Email: servicedesk@ontariohealth.ca. Any notices required or permitted to be given by Ontario Health to you in connection with this Agreement may be given by forwarding it to you by email maintained on file for you by Ontario Health. Notices given by email will be deemed to be given when sent.
   4. Assignment. Except for the access and use rights granted by Ontario Health under this Agreement, nothing in this Agreement assigns to you or any of your agents the intellectual property rights in or to ONE Pages or its content. You may not assign any of your rights or obligations under this Agreement.
   5. Governing Law, Attornment and Severability. This Agreement and the rights, obligations and relations of you and Ontario Health under this Agreement will be governed by the laws in effect in the Province of Ontario without regard to choice or conflicts of law rules. You and Ontario Health irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters arising out of or relating to this Agreement. Any provision of this Agreement which in any way contravenes the law or which is void, illegal or unenforceable will be deemed to not be a part of this Agreement and will be severable from this Agreement. The remainder of this Agreement will remain in full force and effect.
   6. Entire Agreement, Survival. This Agreement constitutes the entire agreement between you and Ontario Health relating to its subject matter, supersedes any prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties, and is effective as of the date written below. The provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement will survive and remain in effect until all obligations are satisfied.