Revision date: March 17, 2025
Welcome to https://digitalgateway.Bayshore.ca
WHAT FOLLOWS IS AN AGREEMENT RELATING TO THE USE OF THE BAYSHORE DIGITAL GATEWAY ONLINE ENROLMENT PORTAL. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
These terms of use (the "Terms of Use") are a binding agreement between the Service Provider and You ("You"), the user of the Bayshore Digital Gateway on-line patient enrolment tool and the health care provider update tool (collectively, the "Service"). These Terms of Use govern Your use of the Service, including: the on-line patient enrolment health care provider update; reimbursement tools; content, such as text, patient information, and other information provided by users in using the Service; other services and elements (collectively, the "Elements"), and all information stored on and made available through the Service ("Content").
The Service and Elements are owned and operated by metricHealth Solutions Inc., under license to Bayshore Specialty Rx Ltd. (collectively, the "Service Provider"). The Service and Content are designed to comply with Canadian laws and regulations. By clicking the REGISTER button on the registration page, You signify that You have read, understood, and agree to be bound by these Terms of Use. The Service Provider reserves the right, at the Service Provider's sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time by posting the changes to these Terms of Use on this webpage and will indicate at the top of these Terms of Use the date these Terms of Use were last revised. Your continued use of the Service, Elements or Content after any such changes constitutes Your acceptance of the new Terms of Use; if You do not agree to abide by these, or any future, Terms of Use, do not use or access (or continue to use or access) the Service. It is Your responsibility to regularly check the Service and this webpage to determine if there have been changes to these Terms of Use and to review such changes.
In consideration of using the Service, you agree to: (a) provide accurate, current and complete information as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Service, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. To use any Elements on this Service, You must: (a) be a HCP in Canada, or have been delegated by an HCP already registered to use the Service. (b) be a registered member participant of https://digitalgateway.Bayshore.ca and (c) be a resident in either one of the ten (10) Canadian Provinces, three (3) Canadian Territories. Prior to using this Service, You must provide the Service with valid confirmation of (a) & (c), above, including all of the following: (i) Your name; (ii) Your mailing address; (iii) jurisdictions of licensure (physicians, nurses, or nurse practitioners), (iv) medical license number (physicians, nurses, or nurse practitioners); and (v) other confirmatory information that may be required. By submitting that information to the Service, You hereby certify all assertions made under this Section and agree that You authorize the Service to confirm the veracity of such information.
All intellectual property rights in the Elements (including copyrights, trademarks, trade secrets, trade dress and patents) are the property of Service Provider. Service Provider retains all copyrights in the individual pages, and their components, and collective works available at the Service. The Elements are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without the Service Provider's prior written permission. https://digitalgateway.Bayshore.ca logos are trademarks and the property of Service Provider. All other names and trademarks are the property of their respective holders.
You are solely responsible for the profiles, messages, notes, text, information, and other content that you upload or publish (hereinafter, "Post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that Service Provider may, but is not obligated to, review the Service and may delete or remove (without notice) any Service Content, User Content, patient data in its sole discretion, for any reason or no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service.
Any unauthorized use of the Service or information on the Service may violate patent, copyright, trademark, privacy and other laws. Any use of the Service is deemed a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Elements or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Elements; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Elements; (d) transfer access to the Service to another person or entity in manners inconsistent with this Agreement and current Service Provider policies. (e) You agree to prevent any unauthorized copying of the Elements or information. (f) provide your log-in information to another person, corporation or entity.
Service Provider may destroy all data related to your account on the Service.
You understand that the Service is available for the HCP's medical practice, medical research, and non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, You agree not to use the Service:
(a) in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
(b) use automated scripts to collect information from or otherwise interact with the Service;
(c) to upload, post, transmit, share, store or otherwise make available any content other than those that which you have the right to post;
(d) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your profession or your affiliation with any person or entity;
(f) upload, post, transmit, share, store or otherwise make available on the Service any private information of any patient or third party without patient consent, including, without limitation: name, addresses, phone numbers, email addresses, Social Insurance Number, provincial health insurance card number;
(g) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law;
(i) use or attempt to use another's account, service or system without authorization, or create a false identity on the Service;
(j) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Service Provider, is objectionable or which may expose Company or its users to any harm or liability of any type.
This Service is intended by Service Provider to require a valid, working e-mail address and password to access and use Elements on the Service. Certain other Elements or functionalities on the Service may require additional access codes. You are solely responsible for (a) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (b) not allowing another person to use your IDs to access the Service, (c) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (d) promptly informing Service Provider in writing of any need to deactivate an ID due to potential or actual security concerns. Service Provider is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Service using Your ID. You agree to immediately notify Service Provider in writing of any unauthorized use of Your ID.
AUTHORIZATION:
When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the storage and security backup of the User Content on the Service.
The Elements available through this Service are for organizational and informational purposes only. HCPs and/or their Delegates (as defined below) posting this information assume full responsibility for the use of the information and agree that Service Provider is not responsible or liable for any claim, loss, or damage arising from the use of the information. Service Provider does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions or other information that may be mentioned on the Service. Your reliance upon the Elements obtained or used by You at or through this Service is solely AT YOUR OWN RISK. The service is not meant to replace a diagnostic or treatment decision made by a health care provider. Further, the Service should not be used as a sole means of capturing and acquiring data about a patient. All lab work auto inputted into the Service will still be delivered to a requesting HCP in the traditional manner.
Where the HCP is a registered user of the Service, the HCP shall have the option to delegate certain access rights to its members, administrators, directors, officers, employees, agents, or representatives (collectively "Delegate(s)") for the purpose of accessing and/or using the Service, the Elements, and Content on behalf of the HCP. HCP acknowledges and agrees that such delegation shall not relieve HCP of any liability for the acts or omissions of the Delegate. HCP shall give Delegate access by assigning a specific access level reflecting the desired permission to be granted to Delegate. Delegate acknowledges and agrees to access and use the Service, the Elements, and Content, in accordance with these Terms of Use, including Service Provider's Privacy Policy, and any other Service Provider policy. Notwithstanding the delegation of access rights to Delegate: (i) HCP shall remain fully and solely liable for all acts, omissions, and conduct of Delegate while using the Service, the Elements, and/or Content, as if HCP had performed such acts or omissions themselves; (ii) HCP acknowledges and agrees to remain responsible for any and all consequences, including without limitation, financial liabilities, legal penalties, or damages, arising from Delegate's use of the Service, the Elements, and/or Content; and (iii) HCP shall indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with Delegate's use of the Service, the Elements, and/or Content. HCP is responsible for managing Delegate access, including without limitation, granting access to new Delegates and revoking access for Delegates no longer serving, or in service of, HCP. HCP reserves the right to revoke Delegate access at any time, with or without cause. Without prejudice to any other rights or remedies, Service Provider reserves the right to revoke HCP and/or Delegate access at any time, with or without cause.
As a user of the Service, You are liable for the accuracy of the information that You provide/enter in the Elements, including, but not limited to, information relating to patients, your personal and/or professional representation as provided in Section 1. The HCP and/or the Delegate (as applicable) hereby certify that You are not a paid consultant or have any other financial interests in the information you provide to any Elements of the Service including, but not limited to the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information.
The Elements provided through the Service may enable You to transmit, store, review or receive confidential patient information ("Patient Information"). Provincial and Federal laws, as well as ethical and licensure requirements of health care providers may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, Delegates, and persons acting on their behalf, to make use of certain Elements or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Service and the Elements. You agree that Service Provider's licensors and licensees, and all other persons or entities involved in the operation of the Service, have the right to monitor, retrieve and store Patient Information, if applicable, in connection with the operation or use of the Service, and are acting on Your behalf.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SERVICE AND THE MATERIALS ON THE SERVICE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
THE ELEMENTS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (a) THE USE OF OR INABILITY TO USE THE ELEMENTS, OR (b) RELIANCE ON THE CONTENT AND ELEMENTS; OR (c) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (d) ANY OTHER FAILURE TO PERFORM BY SERVICE PROVIDER OR SERVICE PROVIDER'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER Service Provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE PROVIDER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ELEMENTS (a) WILL BE UNINTERRUPTED OR ERROR-FREE, (b) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (c) IS SECURE, OR (d) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Service Provider and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Elements. Service Provider may make changes to the Elements, or to the Service described therein, at any time without notice. Service Provider makes no commitment to update the Elements.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SERVICE PROVIDER SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND SERVICE PROVIDER AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF CDN$200.00. YOU AND SERVICE PROVIDER AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SERVICE PROVIDER. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SERVICE PROVIDER WOULD NOT PROVIDE THE SERVICE TO YOU.
You agree to defend, indemnify and hold Service Provider, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Service Provider's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (a) Your breach of this Agreement, (b) Your unauthorized or unlawful use of the Service, and the Elements, and (c) the unauthorized or unlawful use of the Service by any other person using Your ID. (d) any and all liability that might arise from Your use of the Service and the resulting opinions, statements, perspective and medical and non-medical advice.
Public information:
Unless otherwise agreed in writing prior to Your submission, any non-Patient Information content, material or other communication You transmit or post to the Service will be considered non-confidential and non-proprietary ("Public Communications"). Service Provider will have no obligations with respect to the Public Communications. Service Provider and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Public Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Service Provider shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
Patient Information:
Service Provider will maintain Patient Information in a secure and encrypted environment within the Service. Patient Information will only be accessible by the user that entered it and by an affiliated HCP and/or a Delegate. In no event will Service Provider copy, disclose, sell, distribute, perform, incorporate and otherwise use the Patient Information.
If necessary and in accordance with applicable law, Service Provider will cooperate with local, provincial, state, federal, international and/or worldwide government authorities to protect this Service, visitors, customers, members, Service Provider, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Service.
Linked sites are not necessarily under the control of Service Provider and Service Provider is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Service Provider reserves the right to terminate any link or linking program at any time. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third-party sites linked to this Service, You do this entirely at Your own risk.
The Service is controlled by metricHealth Solutions Inc., from its offices in the Province of Ontario, Canada. Service Provider makes no representation that Elements in the Service are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The internal substantive laws of the Province of Ontario, Canada shall govern any claim relating to the Elements.
Any dispute between Service Provider and You arising out of this Agreement shall be resolved first by direct communication with one or more of Service Provider's management team members. Should Service Provider and You be unable to resolve the dispute by communication and both You and Service Provider jointly agree to do so, Service Provider or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, firstly to mediation and if that does not resolve the issue then to final and binding arbitration administered by a member of the Arbitration and Mediation Institute of Ontario http://www.adrontario.ca/. Proceedings to be held close to the Service Provider's headquarters and pursuant to Canadian law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
This Agreement, including Service Provider's Privacy Policy, and any other Service Provider policy which is incorporated herein by this reference, contains the entire agreement between You and Service Provider relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (a) any purchase order or similar form originated by You relating to the subject matter hereof, or (b) statements of any of Service Provider's employees.
Your right to access and use the Service and/or Elements immediately terminates without further notice upon Your breach of this Agreement. Service Provider may terminate this Agreement and/or Your right to use the Service at any time, with or without cause. This Agreement survives the expiration or termination of your right to access the Service. Service Provider reserves the right to discontinue or make changes to the Service and/or Elements at any time.
Service Provider may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Service Provider's prior written permission. Any attempt by You to assign Your rights under this Agreement without Service Provider's permission shall be void.
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
Service Provider shall not be liable for any failure or unavailability of the Service and/or the Elements or failure by Service Provider to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Service Provider's control.
Service Provider may deliver notice to You under this Agreement by means of electronic mail, a general notice on https://digitalgateway.Bayshore.ca, or by written communication delivered by Canada post to Your address on record in Service Provider's account information. You may give notice to Service Provider at any time via electronic mail to: https://digitalgateway.Bayshore.ca
Attn: https://digitalgateway.Bayshore.ca
Electronic Mail: support@bayshoregateway.ca
If You object to any material found on this Service, please bring Your concerns to the attention of support@bayshoregateway.ca. The Service administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
Please refer to the Platform Privacy Policy and direct and related privacy conerns to support@bayshoregateway.ca