Terms and Conditions of Use
IT IS IMPORTANT THAT YOU READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY.
1. Use of Site
This website ( the “Site”) is provided by The Hospital for Sick Children (“SickKids”) (being “us”, “we” or “our”) including its centres and institutes. Your access to and continued use of this Site and SickKids’ social media channels (including but not limited to Facebook, Twitter, Instagram, LinkedIn and YouTube) constitutes your acceptance of, and is conditional upon, your continued acceptance of and compliance with these General Terms and Conditions of Use (“Terms”) and all applicable laws. “Use” of the Site collectively includes:
a) visiting or using the Site including without limitation to use, access, or download, text, data, images, PDFs, videos , i-learning modules, newsletters, articles, illustrations, animations, games, views, opinions or other materials, including materials submitted by you (“Submitted Content”), which is collectively referred to as “Content”; and/or
b) visiting or using the Site including without limitation to submit, post or upload your images, text, data, illustrations, animations or other Submitted Content to the Site.
Each time you Use the Site you signify your acceptance and agreement, and the acceptance and agreement of any person or entity on whose behalf you may act, without limitation or qualification, to be bound by the Terms. You represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person or entity you may represent. If you do not agree with these terms and conditions you should not use this Site.
SickKids reserves the right in its sole discretion to add, remove, modify or otherwise change the Terms at any time. Your continued Use of the Site following the posting of any such changes will mean you accept the changes. If any change to the Terms is unacceptable to you, you should cease using the Site.
SickKids reserves the right, in its sole discretion, to add, remove or modify any Content on this Site. SickKids reserves the right, in its sole discretion, to correct any errors or omissions to any part of the Site but has no duty to do so, and the Terms shall apply to any such changed version of the Site.
This Site, its Content, and all associated copyright is owned by SickKids. The Site and all of its Content is the property of SickKids and others and is protected by Canadian and international copyright, trademark and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its Content. Any unauthorized distribution, transmission or publication is strictly prohibited.
4. Permitted Use of Site
Except as otherwise provide for in these Terms, You may use this Site only for your own lawful, personal, non-commercial purpose; You are granted a limited non-exclusive, non-transferable, non-sublicensable license to use the Content for personal non-commercial use only and provided the Content is not modified and all copyright and other proprietary notices are retained. Any other use is strictly prohibited without our prior written permission and the permission of the applicable rights holders; none of the Content may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of an authorized representative of SickKids.
5. User Conduct
You acknowledge that all information, text, images, audio, video, designs, names, logos, trade-marks, data, code or other information, material or content submitted by any user including yourself, whether publicly or privately posted, emailed, transmitted, uploaded or otherwise submitted to us via this Site or one of our social media channels (collectively “Submitted Content”) is the sole responsibility of the person from which such content originated. You acknowledge and agree that you are entirely responsible for all of your Submitted Content that you post, email, transmit, upload or otherwise submit via this Site and/or pursuant to the services we make available via this site (the “Services”), including without limitation the accuracy of the Submitted Content. We do not control the Submitted Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Submitted Content. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any use of any Submitted Content, including but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
Please be aware that what is posted online can remain online for many years to come. We encourage you to exercise caution when speaking about your medical condition or your child's medical condition. Please do not disclose personal information such as medical records, your location, financial information, etc.
The views and opinions expressed on SickKids’ social media pages reflect the thoughts of the online users and not necessarily those of SickKids.
You agree not to post, email, transmit, upload or otherwise submit any Submitted Content that:
a) is offensive as determined by SickKids, in our sole discretion, including, without limitation, content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) could be harmful to minors;
c) harasses or advocates harassment of another person;
d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
h) displays pornographic or sexually explicit material of any kind;
i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or this Site and any world wide web pages or any operating system software or hardware on which such Content, Service or Site is operated or displayed except as specifically designed into the Content.
SickKids shall have the right to remove any Submitted Content that violates the above terms and conditions or is otherwise objectionable, in SickKids’ sole and unfettered discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a) comply with legal process;
b) enforce these Terms;
c) respond to claims that any Content violates the rights of third-parties; or
d) protect our rights, property, or personal safety and those of our users and/or the public.
The Content on this Site is provided is provided for EDUCATIONAL INFORMATION purposes only. The Content is not designed or intended to constitute medical advice or to be used for diagnosis. SickKids makes reasonable efforts to ensure that the content developed by SickKids is reliable when posted. SickKids does not control Submitted Content contributed by other users to the Site and you should not assume such content has been reviewed or endorsed by SickKids.
You acknowledge when you Use this Site that:
a) your Use of and any reliance by you on this Site is at your own risk;
b) you are solely responsible for your Submitted Content provided to the Site; and
c) SickKids makes no representations or warranties regarding the accuracy, quality, completeness, timeliness, appropriateness or sustainability of the Content. SickKids assumes no obligation to update the Content or advise on further developments concerning the topics mentioned in the Content.
Please consult with your physician before making any decision regarding treatment or medication. Due to unique individual needs, you should consult your personal physician to determine the appropriateness of any Content for your specific situation and before making any decision regarding your treatment or medication. Online resources are not a substitute for the personalized judgement and care of a trained medical professional.
THE CONTENT ON THIS SITE IS NOT FOR EMERGENCY OR CRISIS HELP. IF YOU REQUIRE EMERGENCY HELP, CONTACT YOUR LOCAL EMERGENCY SERVICES: IN ONTARIO CALL 911 OR GO TO YOUR LOCAL HOSPITAL EMERGENCY ROOM.
SICKKIDS DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED RESPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL OF WHICH ARE DISCLAIMED BY SICKKIDS TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Limitation of Liability
You agree that in no event shall SickKids, its affiliates, its officers, directors, employees, agents, licensors or their respective successors and assigns have any responsibility or liability for any special, indirect, incidental or consequential losses or damages of any kind, including, without limitation, personal injury resulting from following any advice or information given on the Site, any loss or damages in the nature of or relating to lost business, lost savings, lost data or otherwise, regardless of the cause – and in no event shall any of those persons or entities be liable for damages exceeding $50.00 CDN – under this agreement, whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. This limitation applies even if SickKids knew of or ought to have known of the possibility of such damages.
SickKids expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Site or any advertiser or sponsor of the Site (collectively, a “Third Party”). Under no circumstances shall SickKids or its affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages), or expense arising in any manner whatsoever, directly or indirectly, from (1) the acts, omissions, or conduct of a Third Party; or (2) any use or inability to use any content located at or made available at any website linked to or from the Site.
If you decide to access or use any linked website or content, materials, software, goods or services from any website linked to or from the Site, you do so entirely at your own risk.
You hereby release SickKids and its officers, directors, employees, agents and their respective successors and assigns from any injury, loss, damages or expenses that you may incur, and agree not to assert any claims against them, arising directly or indirectly from your purchase or use of any products or services referenced by or made available through the Site or by third parties through the Site.
You hereby agree to indemnify, defend and hold harmless SickKids, its affiliates, officers, directors, employees, healthcare practitioners, agents, licensors, and all third parties mentioned at the Site, from and against all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your Use of the Site and its’ Content or your breach of the Terms.
9. Prohibited Activities
Except as otherwise provided in these Terms, You may not directly or indirectly:
a. copy, reproduce, reuse, transmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission; (Reuse terms??)
b. use or attempt to use another person’s password, account, likeness, or other information in connection with this Site;
c. impersonate any person or entity, including without limitation any SickKids’ employee or SickKids’ healthcare practitioner in connection with this Site;
d. register an email that you do not own or do not have permission to register from the owner;
e. post or transmit any Content to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law;
f. scrape any Content from this Site, whether automatically or manually;
g. disrupt or interfere with any other person’s use or enjoyment of the Site; or
h. attempt to obtain unauthorized access to parts of the Site that are restricted from general access.
This Site may contain links to other websites that are not under the ownership or operation of SickKids. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. If you use these sites, you do so at your own risk. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your computer system. You should take notice when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
Linking to this Site
SickKids welcomes links to this Site subject to the Conditions for Linking described below. You agree that by linking to this Site, you and the owner of the linked website will be deemed to have agreed to the following Conditions for Linking:
a. The linked website shall not:
- frame any part of this Site or use any other methods or techniques to alter the visual presentation of this Site;
- make or imply any endorsement or recommendation of you, the owner of the linked website, or any products or services mentioned on the linked website, without the prior written consent of SickKids;
- misrepresent the relationship of yourself or the website owner with SickKids or present false or misleading information regarding SickKids or its services; and
- contain any materials that are offensive or promote information that is false, misleading or illegal or promote illegal activities
b. A link may be made to the Site’s homepage, however, where appropriate we encourage “deep linking” to relevant pages rather than to the Site’s homepage.
c. SickKids can terminate right to link to Site and use of Licensed Marks
d. SickKids may amend the Conditions for Linking at any time and you and the website owner agree to be bound by such amended Conditions for Linking.
11. Website Privacy
SickKids respects your privacy; we do not sell, rent, or trade personal information about our Site users. We collect, use, and disclose personal information only with your consent, and after identifying the purposes for which the personal information is collected, or as otherwise permitted or required by applicable law. Generally, information may be collected to improve the operation of the Site, process requests, and/or respond to feedback. We also use contact information to send periodic e-mail alerts or bulletins to subscribers who have opted to use this service.
Information Collected Automatically on Use of Site
The Site may automatically collect information including but not limited to the Internet Protocol (IP) address of your computer, your operating system, the parts of the Site you visit, the pages and images viewed, the content you post or download from the Site and your internet service provider’s IP address. Such information collected is generally used to improve the Site and for Site administration purposes. The information may be used to create aggregate tracking information reports regarding Site traffic patterns and Site user demographics.
Google Adworks and Facebook remarketing services
You can opt out of Google Adworks and Facebook remarketing by visiting the links below:
Privacy of Personal Information and Personal Health Information
During your Use of the Site you may choose or be requested to voluntarily provide personal information such as your email address and name for the purposes of communications or for accessing certain features of the Site. SickKids may use such personal information to communicate with you. By using this Site, you signify your consent to the collection, use and disclosure of your personal information in accordance with the Terms. If you do not agree with the Terms, you should not use the Site.
SickKids has a set of rules, set out in the SickKids Privacy and Confidentiality of Information Policy, which addresses how it will deal with the privacy of personal health information it acquires about its patients. An overview of the SickKids Privacy and Confidentiality of Information Policy is located on the Privacy page. We regularly review our privacy practices for our various activities, and update our policy.
SickKids, as part of the “circle of care”, may also receive personal health information from other health information custodians for purposes of obtaining consultation and advice on the care and treatment of individuals. An overview of the meaning of “circle of care” is provided on the website of the Information and Privacy Commissioner of Ontario: https://www.ipc.on.ca/wp-content/uploads/Resources/circle-of-care.pdf
Children under 13 must get permission from a parent before submitting any personal information to the Site. SickKids urges all parents and legal guardians to supervise their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information online.
Privacy Contact Information
If at any time you wish to be excluded from future contacts, or to discuss your privacy options, email: firstname.lastname@example.org we will accommodate your request.
The Hospital for Sick Children
555 University Avenue
SickKids Foundation and Electronic Commerce
12. Governing Law
This is a Canadian website and its content is intended for Canadian residents only. The laws of the Province of Ontario shall govern this agreement and any dispute or claim based on your use of the Site or the Information and Uploaded Content. You agree that any action or proceeding related to this agreement or your use of the Site shall only be brought by you in the courts of the Province of Ontario.
13. General – Terms constitute the entire agreement between SickKids and users; independent parties; no waiver of any provision valid unless in writing; SickKids failure to enforce any of the specific provisions of the Terms shall not be construed as a waiver of any such right or provision; enures to benefit of SickKids its successors and assigns