Terms and Conditions

WEBSITE TERMS OF USE AGREEMENT

 
Welcome to UWALK (www.uwalk.ca), a website managed and licensed by Alberta Health Services (“AHS”) and developed by the Faculty of Physical Education at the University of Alberta. UWALK was created to help increase the level of physical activity in Alberta through the promotion of walking. 
 
By accessing and using www.uwalk.ca (the “Website”), you are agreeing to comply with and be bound by the terms and conditions in this Website Terms of Use Agreement (the “Agreement”) as if you had signed an agreement containing these terms and conditions. Please read and review this Agreement carefully. If you do not agree to all of the terms and conditions of this Agreement, please discontinue your use of the Website immediately. If you do not comply with the terms set out herein, AHS may cancel or terminate your access to the Website. 
 
AHS may modify this Agreement from time to time without notice, and such modifications shall be effective immediately upon posting on the Website. You agree to review the Agreement periodically so as to be aware of such modifications. Your continued access or use of the Website shall be deemed your conclusive acceptance of any modifications made to this Agreement. 
 
This Agreement applies to all users of the Website. 
 

Personal Information and Health Information

AHS maintains the confidentiality and privacy of individuals' personal and health information while collecting, using and disclosing information in compliance with the Freedom of Information and Protection of Privacy Act (Alberta) (“FOIP”) and the Health Information Act (Alberta) (“HIA”).  AHS supports the right of individuals or their authorized representatives to access and request corrections to their personal and health information, subject to any specific restrictions in applicable legislation. 

 

Personal Information 

For the purposes of the Website, personal information can only be accessed by the user who entered the information, or by AHS staff working to assist the user or to analyze such data for evaluation purposes, or the website developers as part of the maintenance and updating of the Website. 
 
Personal information collected under this Agreement will be used for the purposes of:
  • providing the requested resources and services;
  • monitoring and evaluating the quality and outcomes of services, programs and resources for the development, improvement and delivery of our programs, content and services; 
  • improving client care on UWALK as well as enhance other health promotion initiatives;   
  • researching the UWALK initiative, as some data may be used for scholarly research by researchers at the University of Alberta, University of Calgary, or AHS for the purposes stated above, subject to obtaining the required approvals under the HIA;
  • establishing and maintaining communications with the UWALK users, including responding to inquiries;
  • meeting any legal, regulatory, processing or security requirement that requires use or disclosure of health/personal information; and
  • informing users about products and services AHS offers that we believe may be of interest.
 
To utilize all aspects of the Website, you will be required to create a user profile and provide certain personal information, including: name, birthdate, gender (which is optional), email address, and postal code. It is up to you to decide whether or not to proceed with any activity that requests personal information. However, if you do not wish to provide the information requested, you will not be able to access the full Website. 
 
In addition, if you choose to correspond with UWALK.ca or AHS through email, we may retain the content of your email message(s) to us, along with our responses to you.  
 

Health Information 

The health information you record on UWALK.ca will be used according to the HIA to:
provide you with requested resources and services;
monitor and evaluate the quality and outcomes of services, programs and resources for the development, improvement and delivery of our programs, content and services; 
establish and maintain communications with you;
improve client care on UWALK as well as enhance other health promotion initiatives;
research the UWALK initiative, as some data may be used for scholarly research by researchers at the University of Alberta, University of Calgary or AHS for the purposes stated above, subject to obtaining the required approvals under the HIA;
meet any legal, regulatory, processing or security requirement that requires use or disclosure of your personal information in accordance of the HIA; and
inform you about products and services we offer that we believe may be of interest to you. 
 
Health information submitted to AHS through the use of the UWALK Website is subject to the provisions of the HIA and may be disclosed in accordance with that legislation. 
 
An individual, who is the subject of identifiable health information, may express a wish to limit access to their health information. In deciding how much health information to make accessible, AHS shall consider the individual’s expressed wishes as an important factor relating to access to their information, together with any other factors that AHS considers important.
 
The data collected from the UWALK website may be used for evaluation and the other purposes described in this Agreement, unless you indicate otherwise. This data is being collected to continually improve the Website and for “Research Purposes”.  After activating a UWALK account, users will have the option to select not to have data collected for “Research Purposes”. Users will still be free to use the Website regardless of their participation in the research component.
 
Both health information and personal information collected via the Website may be used by AHS for internal evaluation and assessment purposes. Both health information and personal Information may be used in aggregated form (i.e., grouped data) for evaluation and health promotion purposes. However, any information used for the purposes of presentation or reporting will be in aggregate form and will not include any personally identifying information.  
 

Permitted Use of Documentation 

As a user of the Website you may view, copy, print and use (collectively, “use”) documents or other materials (“Documents”) on the Website and you agree that you will observe and comply with any notice or restriction on or accompanying any particular Document(s) you wish to obtain from or through the Website. 
 

Restrictions, Prohibited Uses and Rules of Conduct 

You agree that you will not use the Website for any improper, fraudulent, illegal or malicious purpose, including, without limitation, to impair use of the Website by others. You agree to comply with all applicable laws, rules, and regulations and you agree to not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website. 
 
Specifically, but without limiting the generality of the foregoing, you agree not to post, transmit, or otherwise make available, through or in connection with the Website, any of the following: 
anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trade-mark, trade secret, right of publicity or proprietary right without the express prior consent of the owner of such right; 
any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities;
any virus, worm, spyware, or other computer code, file or program that is harmful or invasive or that is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or 
any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or any other form of solicitation.
 
Your access to the Website is also conditional on your compliance with the following rules of conduct. If AHS believes or suspects that you are not in compliance with these rules of conduct, AHS may terminate your access to the Website.  Accordingly, you shall not:
use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website; 
impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make; 
interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks; 
restrict or inhibit any other person from using the Website, including without limitation by hacking or defacing any portion of the Website; 
use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without AHS’s express prior written consent; 
reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website; 
remove any copyright, trade-mark or other proprietary rights notice from the Website or materials originating from the Website; 
frame or mirror any part of the Website or any software or service operated through the Website without AHS’s express prior written consent; 
create a database by systematically downloading and storing Website content; or
use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website.
 

Your Responsibilities for Protecting Passwords and Account Information

As a user you are responsible for maintaining the integrity of your username and password. Your username and password are for your use only. You should not let anyone else use your username and password and you cannot transfer your account to anyone else. You are responsible for keeping your password private and confidential. If anyone logs into the Website using your username and password, you will be responsible for all entries and communications made using your account. 
 

Intellectual Property 

This Website and the content on it are protected by copyright, trade-mark, whether registered or unregistered, and other proprietary rights of AHS or third parties. Except as expressly permitted in this Agreement, no portion of the Website or the content, including without limitation trade-marks, trade names and logos, may be reproduced in any form, or by any means, without prior written permission from AHS and/or the applicable third party. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the Website and content may be a violation of federal or other law and could result in legal action. 
 
Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trade names, trade-marks or official marks without AHS’s express prior written consent. AHS and its licensors reserve the right to aggressively enforce their respective intellectual property rights to the fullest extent of the law.
 
You agree that any information submitted to AHS using the Website does not infringe the intellectual property rights, including copyright, trade-mark, trade secret or patent rights, of any third party.
 

Third Party Websites; Hyperlinks 

The Website may contain links to third party websites or applications. These links have been provided solely as a convenience for you. AHS does not monitor or investigate such websites and we are not responsible for the content or practices of such websites. Inclusion of links to third party websites or applications does not imply approval or endorsement of the linked website or application. If you decide to access these third party websites and applications, you do so at your own risk.
 
Further, because AHS does not have any control over such websites or applications, you acknowledge and agree that AHS is not responsible for the availability of such external websites and/or resources. You further agree that in accessing such websites you are subject to whatever terms are required by that third party, and AHS is not responsible for any failure by the third party to make you aware of such terms, or for your failure to be aware of such terms. 
 
Links to the Website may also be provided from websites either known or unknown to AHS. Access to any other website linked to or from the Website is at your own risk. AHS has not reviewed and is not responsible for the content of any third party sites linked to or from the Website. You agree that AHS neither endorses nor is responsible or liable for any links from those websites to the Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. 
 

Disclaimer of Warranties and Limitation of Liability 

THE WEBSITE AND ANY DOCUMENTS ARE PROVIDED BY AHS ON AN “AS IS” AND “AS AVAILABLE” BASIS. AHS AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ANY ASPECT OF THE INFORMATION, CONTENT, MATERIALS, DOCUMENTS OR PRODUCTS AND SERVICES INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AHS AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AHS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM AHS OR ITS AUTHORIZED AGENTS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. AHS DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE CONTINUOUS OR BE AVAILABLE AT ANY GIVEN TIME, NOR THAT ANY CONTENT OF THE WEBSITE WILL REMAIN AVAILABLE FOR ACCESS. AHS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE DOCUMENTS, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
All content on the Website is provided for general information only. The information is provided solely on the basis that readers will be responsible for making their own assessment of the matters presented and are advised to verify all information. The information does not constitute professional advice and should not be relied upon as such. Formal advice from a medical practitioner or health-care professional should be sought in particular matters. The content is not intended to replace consultations with a health care professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website
 

Indemnity 

You agree to defend, indemnify and hold harmless AHS and its board members, officers, employees, contractors, consultants and agents (the “Indemnified Parties”) from and against all claims, losses, costs, and expenses from any breach of this Agreement by you, including any use of content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyer fees of the Indemnified Parties in connection herewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website. 
 

General

This Agreement represents the entire agreement between every user and AHS regarding use of the Website and its content. By accessing and using the Website, you agree that the laws of the Province of Alberta, Canada, without regard to the principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and AHS. The parties have required that this Agreement and all documents relating thereto be drawn up in English. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.