Terms and Conditions

Disclaimer

This Disclaimer applies solely to the Vitalité Health Network Researcher’s Portal (the “Website”). The software and web services are provided by Infonetica Ltd (“Infonetica”).

Reference to "we" are to Vitalité Health Network and/or Infonetica.

By accessing the Website the user agrees to these Terms and Conditions and the Website's Privacy Policy and consents to the collection, use, and transfer of the information that you provide in the use of the Website.

Vitalité Health Network and Infonetica provide the Website to you without any conditions, warranties or guarantees (whether express or implied), including but not limited to any implied warranties or conditions as to the satisfactory quality of fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Access to Infonetica is at the discretion of Vitalité Health Network :

1. Vitalité Health Network may immediately terminate your access to Infonetica if they determine, in their sole discretion, that you have violated these Terms or engaged in conduct that is unacceptable. 
2. Vitalité Health Network may cease operation of Infonetica at any time, in its sole discretion, without prior notice to you.

Your use of the Website

You may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful.

You agree:

3. To comply with any legal notices contained on the Website;
4. To respect and comply with the legal rights of others, in particular the rights of Vitalité Health Network and Infonetica (including our rights in copyright and trade marks), and the rights of our licensors; 
5. Save where acting as agent or employee of a third party in connection with an application on this Website, not to use this Website for any personal commercial gain, nor to sell or trade in any of the content or other material copied or downloaded from this Website without Vitalité Health Network and Infonetica’s express written permission;
6. to provide true, current, accurate and complete information and you agree to promptly notify us of any changes to this information as required to keep such information held by Infonetica current, complete, and accurate;
7. to only use Infonetica for lawful purposes and if at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation;
8. to create a strong and unique password for your Infonetica user account and update it periodically;
9. not to share your user account or password with anyone;
10. to log out of your user account when you are finished using it; and
11. to review the information you share within the Website to make sure it is accurate and that all relevant information is provided.

Liability Statement

Vitalité Health Network and Infonetica try to make sure that all information on the Website is correct, and (without giving any warranty or undertaking in this regard) Vitalité Health Network will procure that Infonetica will use all reasonable care and skill to do so. However, subject to the paragraph entitled ‘Exclusions by Law’ below, neither Vitalité Health Network nor Infonetica accept liability for any error or omission and exclude all liability, either jointly or severally, for any action you may take or loss or injury you may suffer (whether direct, indirect or any consequential or special loss) howsoever arising out of or in connection with the use of this Website.

Exclusions by Law

Nothing in these Terms and Conditions or the Website's Privacy Policy shall or shall be deemed to exclude or limit liability for death or personal injury caused by Vitalité Health Network or Infonetica’s own negligence or for any fraud perpetrated by Vitalité Health Network or Infonetica.

For the avoidance of doubt, to the extent that Vitalité Health Network or Infonetica are liable by operation of the above Exclusions by Law paragraph, such liability shall not be several and not joint.

Availability of the Website

Vitalité Health Network and Infonetica make reasonable endeavours to ensure that the Website is generally available but neither makes any representation or guarantee as to such availability. Neither Vitalité Health Network nor Infonetica take responsibility for and will not be liable for the website or any interfaces with other systems being temporarily unavailable, or resulting in loss or corruption of data due to technical issues beyond the reasonable control of Vitalité Health Network and Infonetica.

Privacy

Any information generated by you visiting the Website will be handled in accordance with these Terms and Conditions, the Website's Privacy Policy and applicable privacy law.

Virus protection

While Vitalité Health Network and Infonetica make every effort to check and test material at all stages of production, Vitalité Health Network and Infonetica are unable to guarantee that the Website will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition. It is always wise for you to run an anti-virus program on all material downloaded from the internet. Vitalité Health Network and Infonetica cannot accept any liability for any loss, disruption or damage to your data or your computer system, which may occur whilst you are using the Website or material derived from the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Website users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

If you breach this provision, you will have committed a criminal offence. Vitalité Health Network and/or Infonetica will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the website user’s identity to them. In the event of such a breach, the website user’s right to use the Website will cease immediately.

Changes to the Website

We may make changes to and means of accessing the Website at any time and without prior notice. If the need arises, Vitalité Health Network and Infonetica reserve the right to suspend access to or close the Website permanently without prior notice. Whilst every effort is made to keep the Website up to date, any of the material on the Website may be out of date at any given time.

Copyright and intellectual property

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world ("IP Rights") in the Website (including all content) are owned by Vitalité Health Network and/or its licensors for the full duration of such rights.

Except for your use of the Website in accordance with these Terms and Conditions and the Website's Privacy Policy, you are granted no IP Rights in respect of the Website or its content.

As an individual or organisation, you may print paper copies and make copies to your hard drive of any of the names, images and logos identifying the Website provided that in doing so you comply with the following conditions:

1. You must ensure that the resource which you copy is used for research, training, private study, or information only and is not used for direct commercial gain;
2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and
3. You must ensure that the Website is referred to as the source of the resource that you have copied.
4. You must not change any of the text or images contained in this Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

Amending theses Terms and Conditions and/or the Website's Privacy Policy

From time-to-time Vitalité Health Network may at its sole discretion amend these Terms and Conditions and/or the Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions and/or Website's Privacy Policy. Vitalité Health Network will ensure that details of any such changes are posted on the Website in a timely manner.

Enforceability

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such provision shall not affect the validity, legality, and enforceability of the other provisions of these Terms and Conditions.

Governing Law

The New Brunswick courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website. These Terms and Conditions, the Website's Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Canada.