Terms of use

Terms of use

Welcome to Canadian Health Information Management Association (“CHIMA”,  “we”, “us” or “our” as the context dictates). Your use of our website (www.echima.ca) and any of the associated subdomains (collectively the “Website”) and the utilization of any products or services we offer through our Website (together the “Services”) is subject to terms set out below (these “Terms of Use”) in combination with our Privacy Policy (these Terms of Use together with our Privacy Policy, our “Terms”).

Please read our Terms carefully since they are legally binding and have sections that contain important information about use, rights, liability, and your obligations and matters related to disputes, including the exclusive use of arbitration to resolve disputes. 

By accessing and using the Website, you agree that you are bound by our Terms. You expressly acknowledge that you have read our Terms and agree to all terms and conditions herein.  If you do not, or are unable to, agree to our Terms, please do not use our Website. For any clarification, please contact us at [email protected] . Any continued use of the Website by you shall be considered to express your consent and agreement with our Terms.

Definitions

Account” means a User’s account that was registered on our Website and created for the purposes of accessing our Services.

Aggregated Information” means all information derived from your use of the Services and include without limitation, usage information, data and other content, provided however, such information shall not be able to reveal the identity of the User.

Certify” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.

Content” means any information, text, document, articles, blogs, links, reports, data, databases, tools, e-mail, code, photographs, pictures, audio, video, postings, graphics (including illustrations and animations), comments, interfaces, webpages, files, software, product names, company names, trade-marks, logos, trade names, or other materials.

Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.

Intellectual Property” means inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered); trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.

Intellectual Property Rights” means any rights pertaining to Intellectual Property.

Laws” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.

Members” means persons who pay membership fees to us.

Offering” means certain products and services which may be listed or accessbile through our Website.

Password” means Account log-in and other details which are relevant to your access to the Services. “Purchase” or “Purchasing” means accessing, licensing, subscribing, or acquiring, as applicable in the context when a User avails an Offering.

Social Media” means platforms such as Twitter, Facebook, Linked-In, Instagram, Snap-chat and others websites, such as Youtube, which have a strong user content origination and sharing mandate.

Third Party Providers” means any an independent third party provider that may be accessible through our Website.

User(s)” means anyone who is using our Website, whether or not he or she has an Account.  

User Input” means any Content submitted or otherwise shared by a User in the course of using our Website, including suggestions, modifications or other actions undertaken by User or is otherwise shared with other Users through the Website.

Understanding our Role  

Our Website allows Members to interact with us, other Users, access various types of Content, purchase products and gain access to events. We provide the Services in our own personal or corporate capacities, and not as employees, agents, or representatives of a User or a Third Party Provider.  

We are not responsible in any manner for the Content provided by a User or a Third Party Provider. All Content on the Website is for information purposes only and we do not guarantee the reliability or accuracy of any Content. 

We are not under any obligation to verify the actual identity or authority of the User of our Website or to safeguard any login name or password of a Member. 

Proprietary Rights and Grants 

We grant you, subject to your compliance with the Terms, a non-exclusive, non-transferable, non-sublicensable, limited and revocable right to access and use the Website. Unless explicitly granted herein, no other rights are granted by us and our licensors and we will continue to own, and you will not assert, any ownership interest in any part of our Website as a result of your use of our Website and Services. Our Services may include the ability for you to Purchase certain Offerings which have their own specific terms applicable to their use. Please ensure you understand the rights and limitations in each Purchasing scenario as this grant does not provide a blanket grant to use any Offering which is Purchased – such Purchase shall requires a separate transaction, whether or not directly executed on our Website and be subject to separate terms and conditions for utilization of such Offering.

We withhold all other rights in Content on our Website. Unless explicitly granted herein, no other rights are granted by us and our licensors and we will continue to own, and you will not assert, any ownership interest in any part of our Website as a result of your use of our Website and Services. None of the Content found on any of our Website or Offering, including our marks and logos, which are subject to trademarks, may be reproduced, republished, distributed, displayed, sold, transferred, or modified in any form without the express written permission of CHIMA or the applicable Third Parties.

You grant us a non-exclusive, sublicensable, royalty-free and transferable right to Handle your data to  provide you the Services, including any Offering, and generate Aggregated Information – you agree that (i) all such data may be, without further required consent by you, Handled by a third-party for either (A) the third party’s own legitimate business function, (B) purposes which serve our business purposes, including transaction processing and data monitoring or storage, or (C) for regulatory or other reasons which are imposed on us in Canada, United States of America, or in any other jurisdiction in which we provide services or may otherwise decide to store or process such data, and (ii) we’ll own all Aggregated Information for any purpose we see fit, including but not limited to publication of, and creation of derivative works from the Aggregated Information, provided that such usage shall not reveal to a third party any confidential information or the identity of a User.

You further grant us a royalty-free, worldwide, transferrable, sub-licensable, irrevocable, perpetual license to use or incorporate into Services any User Input, which you are not obliged to provide. Although we do not seek to monitor or control the submission of User Input, we reserve the right to delete, move and edit any User Input submitted where, in our sole and absolute discretion, it is considered prudent or necessary to do so. User Input is the sole responsibility of the person or entity that provided the User Input. You shall be solely responsible for any Content you provide on our Website and any consequences that may arise from posting, providing or publishing it on the Website.

You consent to receive communications from us, our affiliates, and the applicable Third Party Provider in electronic formats, including via the email address you have submitted or other agreed upon contact methods. You can opt-out from receiving certain communication from any such party at any time by completing the formalities on the Website (although you cannot opt out of receiving member renewal communications from us). We do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website. You agree that the Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you. 

Representation, Warranties and Covenants 

You represent, warrant, and covenant that: (A) in case you are registering an Account for the use of our Services, you will maintain true, accurate, complete and current information about you/the Account holder; (B) all Content you provide on our Website shall be accurate and provided in good faith; (C) to the extent you share with us any personal data of any person for any purpose, including the names, email addresses and phone numbers, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; (D) you authorize us, and we reserve the right to, provide information relating to the applicable Service to the appropriate Third Party Provider as required for you to avail the applicable Service; (E) you are 18 years old or older; (F) you have the authority to bind yourself, or such other party which you may be representing, to our Terms; and (G) your use of our Services and our Website shall conform to our Terms; and you will not engage in, nor will you link our Website to another site which engages in as applicable, any of the following Restricted Actions: 

  • register for more than one Account;
  • misrepresent your identity (e.g. represent to anyone in relation to the Services that you are someone else or you are affiliated with someone that you are not);
  • in regards to payments in relation to any Offering, circumvent the payment methodology provided on the Website; 
  • share your Account log-in details with any person other than those expressly authorized by you; 
  • make use of the Services to do anything other than to carry out activities which are normally related to activities conducted using the Website;
  • copy Content from our Website and publish it on any Social Media sites or digital or print formats;
  • reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the Website; 
  • tamper with (including probing or security testing), damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website;
  • access the Website in order to build a commercially available product or service which competes with the Services;
  • copy any features, functions, integrations, interfaces or graphics which are part of the Services;
  • violate any Laws;
  • make statements on the Website on any topic associated with us, particularly regarding Content and the Services, which could reasonably be considered false or misleading;
  • share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data;
  • transmit any information, through the Website or in any other manner, which may be: (A) unlawful, threatening, abusive, libelous, defamatory, harassing, fraudulent, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (B) in violation of a third party’s Intellectual Property Rights or is subject to Intellectual Property Rights; (C) refutes or is contrary to what is set out anywhere in the Services; (D) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (E) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;  (F) violates the privacy of any third party; or (G) be constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of CHIMA; or 
  • attempt to gain unauthorized access to the Website or our computer systems or networks through hacking, password mining or any other means.

We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the restrictions above.

Password management is important. In order to access some features of the Website (e.g. Members-only areas), you may have to create an Account. You must only use your own Account. When creating your account, you must provide, and then keep up to date, accurate and complete information about yourself. Your Account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your Account info (i.e. login name and password) confidential and not allow any other person (except an authorized representative of CHIMA) to use them.  We recommend you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must immediately notify us of any unauthorized use of your Password, or if you know or suspect that your Password has been lost or stolen, has become known to any other person, or has been otherwise compromised. We retain the right to cancel or suspended an Account at any time with or without notice, without any liability. Although CHIMA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CHIMA or others due to such unauthorized use.

Fees and Payments

You will be charged the fees in accordance with the rates for services and products you select on our Website. All payments shall be due and payable immediately upon the purchase of services and products. Payments may be made by you utilizing credit card or other payment methods as offered by us during the check-out process. You agree to pay all applicable taxes in respect of your purchase; the applicable taxes may differ depending on where you reside and what you purchase.

  1. We do not provide pro-rated refunds for memberships. If you cancel your membership during the subscription period, you will forego any payments that have already been made to us. If we terminate, suspend or remove your Account in connection with your violation of the Terms, we shall do so without any liability to you or any third party payor. 
  2. Refunds for certain other products may be available on a case by case basis, subject to the purchase terms applicable to those products. If you have any questions, please contact [email protected].
  3. We may in the future implement a new fee, or modify an existing fee, for certain current or future services offered. If we revise our fees, we shall notify you by posting the revisions on the Website. All fees and transactions shall be in Canadian dollars.

Term and Termination

We may terminate or restrict your access to any component of the Website without incurring any liability to you and without waiving any other rights to a remedy under contract or law, without notice and in our sole discretion. Our Terms shall apply to you for the entire period that your Account remains open and usable. If we suspend or terminate your Account, you may still be able to access our Website generally and will be subject to our Terms.  

All rights to a refund upon termination of your Account are dependent on the Offering you’re paying for – please consult the specific terms applicable to the Offering which you have subscribed to or purchased. 

Upon termination of your Account, your obligation to (i) keep our information confidential, (ii) continue to indemnify us for any actions set out under “Indemnification”, (iii) be liable to the extent applicable in respect of indemnification obligations, (iv) continue to grant us the intellectual property rights set out under “Proprietary Rights and Grants”, and (v) not violate any covenants, shall continue. 

  1. Disclaimers
    1. IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, OUR SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM.
    2. CHIMA DOES NOT CERTIFY ANY CONTENT, INCLUDING PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR OR BE REFERENCED IN THE CHIMA CONTENT. RELIANCE ON ANY CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED, OBTAINED THROUGH OUR SERVICES, IS SOLELY AT YOUR OWN RISK.
    3. ALTHOUGH OUR SERVICES MAY PROVIDE ACCESS TO THIRD PARTY PROVIDERS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF SUCH THIRD-PARTY PROVIDERS. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY ERROR, DELAY, OR DEFICIENCY OF ANY PART OF THE SERVICE THEY PROVIDE, INCLUDING THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO OUR SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH OUR SERVICES.
  1. WE DO NOT WARRANT THAT ANY PART OF OUR SERVICES OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT SOLUTION OR ANY ITEM CONNECTED WITH THE WEBSITE IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS, OR THAT OUR SERVICES ARE IMPERVIOUS TO HACKS OR DATA LOSSES, OR THAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL OR SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. YOU AGREE THAT YOUR USE OF OUR SERVICES CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO OUR TERMS. 
  2.  
  3. Release and Indemnification
    1. You agree to indemnify and hold harmless CHIMA, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of: your improper use of our Services, including your violation of any of the provisions in these Terms of Use; allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; or negligence or willful misconduct by you or any third party on your behalf in connection with our Services.
    2. We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
  4. Liability
    1. Your only remedy with respect to any dissatisfaction with (i) CHIMA, (ii) our Terms, (iii) any policy or practice of CHIMA, or (iv) any content or information transmitted through our Services, is to stop using our Services.  
    2. Under no circumstances shall CHIMA and its officers, directors, employees, agents, successors and permitted assigns be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of our Services. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of our Services. 
    3. Under no circumstances shall we be liable for the acts, omissions or conduct of any third party users of our Services and you must ensure that you inform such third parties, who may benefit from any part of our Services, of this fact.
    4. TO THE FULLEST EXTENT OF THE LAW, WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY” THE LIMIT ON CHIMA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO OUR SERVICES SHALL BE LIMITED TO A MAXIMUM OF $10.00. 
    5. Should a jurisdiction that does not allow the exclusion of incidental, special or consequential damages apply to these Terms of Use, the total liability to you or any person in connection with any incidental, special or consequential damages shall be limited by the above paragraph of this section entitled “Liability.”
  1. Modification of our Terms
    1. We may at our sole discretion amend these Terms of Use at any time and shall update these Terms of Use in the event of any such amendments.
    2. If our Terms are modified in a way we consider significant, we shall post the amended Terms on our Website. Although we shall take reasonable steps to notify you of such significant changes made, you are expected to check our Terms periodically for any amendments. Your continued use of our Services following such notification shall constitute your affirmative acknowledgement of these Terms of Use and agreed to be bound by our Terms, as amended. If at any time you choose not to accept our revised Terms, including following receipt of notification of any modifications made hereto, then please do not use our Services and as applicable, terminate your Account.
  2. Governing Law

Our Terms and any access to or use of our Services shall be governed by, and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.

  1. Arbitration

Any controversy, dispute, disagreement or claim arising out of, relating to or in connection with our Services or any breach thereof, including any question regarding its existence, validity or termination, shall be finally and conclusively resolved by arbitration under Arbitration Act, 1991, S.O. 1991, c. 17 (the “Rules”). There shall be one arbitrator selected in accordance with the Rules. The parties to the arbitration shall equally share the fees of the arbitrator and the facility fees and the parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law. Notwithstanding the foregoing, we shall have the right to seek injunctive or other equitable relief, including in relation to the breach of confidentiality obligations or violation of the Intellectual Property Rights set forth in these Terms of Use.

  1. Waiver of Class Proceedings

Users hereby waive any right they may have to commence or participate in any class action lawsuit against us related to any claim, dispute or controversy and, where applicable, Users hereby agree to opt out of any class proceeding against us otherwise commenced.

  1. Severability

If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.

  1. Headings and Summaries

The headings, captions and summaries in these Terms of Use are for convenience only and in no way define or describe the scope or content of any provision of these Terms of Use.

  1. Notices
    1. Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:

201 King Street, London, ON, N6A 1C9

or by email to: 

[email protected]

Any notice to you shall be given to the most current email address in your Account.

  1. Other Rules of Interpretation

Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “oris not exclusive; the words “including”, “includes” and “include” mean “including without limitation”; and “shall” and “will” mean “must”, all three of which can be changed interchangeably and shall not mean “may”.

  1. No Waiver of Covenants

Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.

  1. Surviving Provisions

Only the following provisions of our Terms of Use shall survive following any termination or expiration: Representations, Warranties and Covenants, Proprietary Rights, Permission for Communication, Disclaimers, Release and Indemnification, Liability, Governing Law, Arbitration, Waiver of Class Proceedings, Notice, Entire Agreement, and this clause.

  1. Entire Agreement

These Terms of Use, in combination with all policies and guidelines of Company (including the Privacy Policy), incorporated by reference, constitute the entire agreement between CHIMA and you and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of our Terms.

Contact

Questions regarding these Terms and Conditions should be directed to Member Relations, [email protected].