Effective February 13, 2022
This terms of use agreement (the “Agreement”) is a legal agreement that governs the use of the LEARNING INTER-PROFESSIONALLY HEALTHCARE ACCELERATOR (LIPHA) APP FOR LONG-TERM CARE (the “Lipha App” or “App”), operated by Baycrest Centre for Geriatric Care (“Baycrest”, “we” or “us”), by users of the mobile application (“you”, “your”, or “User” throughout).
Baycrest is a registered charity located at 3560 Bathurst Street, North York, Ontario, M6A 2E1. Baycrest, as one of the Ontario Centres for Learning, Research and Innovation in Long-Term Care, is not part of or acting on behalf of the Government of Ontario, and any views or opinions expressed do not necessarily reflect the views of the Government of Ontario.
Use of the Lipha App is offered to you by Baycrest conditional on your acceptance of all the terms of this Agreement. This Agreement should be read with our Privacy Policy (above), which governs the collection, use and disclosure of information (including personal, non-identifying and aggregate information) from users, and other notices posted on the Lipha App. Any terms present in this Agreement that are not otherwise defined have the same meaning as in the Privacy Policy.
By accessing and using the Lipha App, you are indicating that you accept to be bound by the terms and conditions of this Agreement, and any other notices posted on the Lipha App, all of which are incorporated into this Agreement. If you do not accept all of these terms and conditions, you must not access or use the Lipha App. The Lipha App is only available for use by those who may lawfully enter into contracts with us under applicable law. If you do not qualify, you are not permitted to access or use the Lipha App.
Baycrest reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time without prior notice or liability to you. Using the Lipha App following such changes means that you accept all such amendments.
The Lipha App is a digital reference library with notification and web-based engagement functionalities designed to allow the long-term care home workforce, students, and care partners access to curated tools and resources that support improved healthcare, service delivery, quality, and safety. The curated tools and resources are tailored to long-term care in Ontario.
The Lipha App, including any text, information, pictures, videos, data and displays (collectively, the “Material”), is offered by Baycrest for informational purposes only in order to assist qualified healthcare professionals, staff, students, volunteers and caregivers. Nothing in the Lipha App should be considered, or used as a substitute for, medical advice, diagnosis or treatment or as a substitute for your own clinical judgement as a healthcare professional, nor as a substitute for your employer’s policies and procedures. You should evaluate and independently verify the information and results provided by the Lipha App. The Lipha App is a reference library, and does not constitute the practice of medicine or nursing, nor is it to be relied on as healthcare advice, diagnosis or treatment.
Use of the Lipha App is at your own risk and you must not rely on the Lipha App as healthcare advice, diagnosis or treatment, or use the Lipha App to replace any relationship with your employer, clinical instructors or other qualified healthcare professional. Users of the Lipha App should verify the information on the App against their own professional judgment, or the judgment of another qualified healthcare professional. The Lipha App must not be used in place of seeking assistance immediately from emergency personnel during an emergency. In a medical emergency, please dial 9.1.1. or go to your nearest hospital emergency department.
The Lipha App should not be relied upon for making decisions without consulting primary, more accurate or timelier sources of information. We do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided through the App. The Lipha App may contain certain historical Material. Historical Material is not current and is provided for your reference only. We reserve the right to modify the Material on the Lipha App at any time, without notice or liability to you, but we have no obligation to update any Material on the Lipha App and you bear the entire risk of relying on it.
Baycrest hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Lipha App. If you are an organization, the personal license granted to your organization may be limited to a specific number of individual users or may be enterprise-wide.
You acknowledge and agree to not sublicense, assign or otherwise transfer this license. Without limiting the foregoing, you may not reproduce the Lipha App or Material on the Lipha App for sublicensing, resale, or distribution, including without limitation, operation on a time-sharing or service bureau basis or distributing the Lipha App. You agree and warrant that you shall not cause or permit any person to reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from the Lipha App.
The Lipha App uses software licensed by Launch57, Inc. (“Launch57”). All right, title and interest to Launch57’s software application known as the “Game Based Learning and Communications Application” are vested in Launch56 except as otherwise expressly set out in these Terms of Use.
Baycrest or Launch57 may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of the Lipha App, including the availability of any and all of its features, at any time, in its sole discretion without notice or liability to you.
In connection with your use of the Lipha App, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the Lipha App or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the Lipha App; (iii) uploading, posting or transmitting through or on the Lipha App any viruses or other harmful, disruptive or destructive files; or (iv) using the Lipha App in any other manner so as to interfere with the access to and/or usage of the Lipha App by another user.
This app was developed in Ontario and in accordance with the laws of Ontario. If you choose to access the Lipha App from locations other than Ontario, you will be solely responsible for ensuring that any use of the App complies with all local laws of such other jurisdiction.
To use the Lipha App, you must download the Lipha App from an online app store such as Apple’s App Store or Google Play and register for an individual account, including creating username / password credentials for the account, or create a guest account.
Upon registering for an individual account for the first time, you agree to: (i) provide accurate, current and complete information as may be prompted by any registration forms; (ii) maintain the security of your password; (iii) maintain and promptly update any registration data and any other information you provide to the Lipha App, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the registration data and any other information you provide to the Lipha App. You are responsible for all activity under your account.
The Lipha App can be downloaded free of charge. We reserve the right to charge fees in our sole discretion for the use of the Lipha App. If we begin charging fees, or your fees change, we will give you at least thirty (30) days’ notice. All fees are final and non-refundable.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
The Lipha App and the Material contained in the Lipha App are protected by Canadian and other international copyright, trademark and other laws. The content of the Lipha App and the Material are copyrighted and owned by Baycrest, its licensors, or the provider of the content and/or Material, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the mobile application, its contents, and any Material, whether in whole or in part, is prohibited without Baycrest’s express prior written consent. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL ON THE Lipha APP IS PROHIBITED. Baycrest grants you a non-exclusive, non-assignable and non-transferable license to make one (1) unmodified copy of the Material (the “Downloaded Material”) solely for your personal use provided that you preserve all copyright notices and other notices contained in such Downloaded Material. You may not sublicense, assign or otherwise transfer the Downloaded Material and no title to the Downloaded Material has been or will be transferred to you. You agree not to alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material without the prior written consent of Baycrest. All suggestions, ideas and other information (other than your personal information) communicated to Baycrest through the Lipha App will become the property of Baycrest unless otherwise noted.
The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy (above). By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy (above).
THE Lipha APP AND ALL MATERIAL ON THE Lipha APP ARE DISTRIBUTED AND TRANSMITTED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT UNDER APPLICABLE LAW), EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT THE Lipha APP WILL BE UNINTERRUPTED, ERROR FREE OR CORRECTED IN THE EVENT OF A DISCOVERY OF ANY ERRORS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAYCREST AND LAUNCH57 ARE NOT RESPONSIBLE OR LIABLE FOR ANY BREACH OF SECURITY OF OR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE Lipha APP OR WITH RESPECT TO THE MATERIAL CONTAINED IN THE Lipha APP.
IN NO CASE SHALL BAYCREST, THE GOVERNMENT OF ONTARIO, LAUNCH57, OUR OTHER SUPPLIERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR MISUSE OF THE Lipha APP OR ANY MATERIAL ON THE Lipha APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH THE Lipha APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Lipha APP.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Baycrest, the Government of Ontario, Launch57, our other suppliers and each of their respective directors, officers, employees, affiliates, agents and contractors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Lipha App or your breach of this Agreement or any documents they incorporate by reference, or your violation of any law or the rights of a third party.
We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse or limit your indemnity obligations. No settlement shall be made by you of any matter subject to indemnification by you without our prior written consent, acting reasonably.
We use commercially reasonable security measures to safeguard the security of the Lipha App in order to prevent access, loss, interception or alteration by unauthorized parties. Such security measures can include physical security measures, organizational controls on access to information, and electronic safeguards such as passwords, firewalls and SSL level encryption, where and as appropriate. We also require our partners, suppliers and agents to implement similarly reasonable security measures to safeguard the security of the Lipha App.
Despite the above, you are advised that the transmission of data over the Internet or other publicly accessible networks is inherently insecure, and may result in unauthorized access, loss, interception or alteration while in transit. Accordingly, Baycrest and Launch57 do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, and in no event will the information you provide to us result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent. Notwithstanding the foregoing, to the extent that you are able to access the information of third parties through the Lipha App, we do not grant you any right or license to use this information.
The Lipha App may include or be distributed with third party software covered by an open source software license that supersedes the licensing terms of this Agreement to the extent required by any such open source license. All open source software is provided WITHOUT ANY WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. If, and to the extent required by the applicable open source license, Baycrest will make available the required source code for the open source software in response to any written request made to Baycrest.
The Lipha App may include links to other websites that are independently operated and not affiliated with Baycrest. If you engage with these third party links, you do so at your own risk. These third-party links are not operated by Baycrest. When leaving the Lipha App you may be subject to the legal terms and conditions and privacy policies of these other websites. Please carefully review the third party’s policies and practices and make sure that you understand them. Complaints, claims, concerns or questions regarding third-party websites must be directed to the third party.
Baycrest does not recommend or endorse any such third party websites or any information, products or services on linked websites. Baycrest and Launch57 do not warrant and expressly disclaim any liability associated with such sites and/or their information, products or services. Links are provided for convenience and information only, and we assume no responsibility for their content or their privacy practices, nor is liability assumed for any incompatibility, viral infection or other destructive/disruptive components on or from such sites.
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced in the Lipha App in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material in the Lipha App that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or email address of the complaining party.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent by email to OntarioCLRI@baycrest.org.
We may, in our sole discretion, terminate your access to the Lipha App, or any portion of the Lipha App, without notice. Such action is in addition to, and not in lieu or limitation of, any other right or remedy we may have available at law. We shall not be liable to you or any third party for any such termination or discontinuance.
You may discontinue your use of the Lipha App at any time, by deleting the App from your mobile device.
Use of the Lipha App is unauthorized in any jurisdiction where the App may violate any laws or regulations. You agree not to access or use the App in such jurisdiction(s). You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
This Agreement shall be subject to, governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws provisions thereto. If there is any claim or action by you relating to the Lipha App, you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to the subject matter hereof.
Any consent by Baycrest, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.
If any provision of this Agreement is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No waiver of any provision of this Agreement by Baycrest shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.
This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this agreement to any affiliate or successor of Baycrest without notice thereof to you.
If you have any questions or comments about this Agreement, please contact Raquel Meyer (Manager, Ontario Centres for Learning, Research & Innovation in Long-Term Care at Baycrest) by e-mail at rmeyer@baycrest.org or by phone at 416-785-2500 ext. 3044. Please do not include personal health information in email.
Please send any requests for support for an individual account to OntarioCLRI@baycrest.org.
© 2024 LIPHA, by Baycrest & Launch57
