Terms & Conditions of Use

Bayshore Vantage – Website and Mobile Application

Welcome to the Bayshore Vantage™ website and mobile application (together, the “Site”).  Bayshore HealthCare Ltd. and its affiliates (together, “Bayshore”) provide certain healthcare and home care support services to individuals across Canada (each a “Client” or “you”, and together, “Clients”). 

The Site is designed to provide Clients with certain digital health monitoring services (“Services”) which may assist with monitoring specific health indicators/ vital signs and your overall health and wellbeing.  The Site is for use with your personal mobile device and/or other Bluetooth-enabled devices/ medical equipment, to record, track and save your uploaded health indicators/ vital signs, and alert you as to any health indicators/ vital signs that are outside the usual ranges of values. 

If you are at least the age of majority in the jurisdiction in which you will access the Site and you wish to utilize the Services, please read these terms and conditions of use and Bayshore’s Privacy Policy, found at https://www.bayshore.ca/privacy-policy/, incorporated herein by reference (collectively, the “Terms”) in their entirety.  If you do not agree to the Terms, you may not access or use the Site. 

Upon acceptance of the Terms and the creation of a user account (if you do not already have a MyBayshoreCare™ user account which has been enabled for use with this Site), you will be provided access to and use of the Site and the information and functionality therein (together, the “Content”).  You will be required to create a username and password and to provide personal information which may include your name, date of birth, biological sex, applicable vitals (e.g. blood pressure, pulse etc.); email address, street address, postal code, and telephone number to create an account on the Site.  The personal information that you provide shall be used solely for the purposes of: (i) the creation of your user account for the Site, (ii) provision of the Services; and (ii) contacting you in relation to your use of the Services and the Site.  You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur under these credentials.  Bayshore reserves the right to suspend or terminate your user account and your access to the Site where Bayshore has reasonable grounds to suspect that you are sharing these credentials. You agree to notify Bayshore immediately of any unauthorized use of your credentials or any other breach of security, and to ensure that you exit from your user account each time you access the Site.  Bayshore will not be liable for any loss or damage arising from its failure or your failure to protect your username, password, or any other Site account information. Please refer to Bayshore’s Privacy Policy https://www.bayshore.ca/privacy-policy/ and direct any related privacy concerns to privacyofficer@bayshore.ca 

The Site is NOT designed to: (i) be a substitute for professional medical advice, or to provide any information about any diagnosis or treatment – any reliance upon information obtained through the Site is solely at your own risk, and Bayshore shall have no liability for such reliance; or (ii) be used for any purpose except as described herein.

You understand and agree that you will be responsible for maintaining the security of your personal mobile device and/or other Bluetooth-enabled devices/ medical equipment, and that you will take appropriate precautions to guard against unauthorized use.  You also understand and agree that some features of the Site could create usage charges on your devices. You acknowledge and understand the following: you will need to have internet and data connection enabled on your mobile phone or other device and that using    internet may result in data charges from your mobile service provider for which you are solely responsible. 

Bayshore reserves the right in its sole discretion to: (i) change these Terms at any time without prior notice. Any such changes are effective immediately upon posting and your continued access to and use of the Site shall be deemed to be acceptance of the then current Terms; (ii) alter the Content of the Site; and (iii) terminate or suspend your access to the Site for any reason, including, without limitation, in the event of misuse or otherwise.

The Site is hosted and managed on Bayshore’s behalf by a third-party service provider. The Site may also contain links to third party websites or references to products, services or publications other than those of Bayshore. These links and references are provided for your convenience only and do not imply the endorsement or approval of such websites, products, services or publications by Bayshore.

The Site uses cookies to collect information about usage patterns. This information is used by Bayshore to assist with tracking traffic and Site usage, and to develop Content that addresses your interests. Cookies do not contain any personal information and cannot be used to identify you personally. You may view and revise your cookie preferences through your web browser.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” OR “AS AVAILABLE,” WITH ALL FAULTS. BAYSHORE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NEITHER BAYSHORE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR THE CONTENT.

NEITHER BAYSHORE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY SERVICE PROVIDERS, OR SUCCESSORS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE, OR RELIANCE ON THE SITE; ANY INACCURACIES OR OMISSIONS OF THE CONTENT OR IN RELATION TO ANY VIRUSES THAT MAY IMPACT YOUR COMPUTER SYSTEMS OR OTHERWISE; ANY OTHER CHANGES, SUSPENSIONS OR DISCONTINUANCES OF THE SITE AND THE CONTENT; OR THE CONTENT, INABILITY TO USE, THE PRIVACY PRACTICES UTILIZED OR OTHERWISE IN RELATION TO ANY THIRD PARTY WEBSITES THAT MAY BE ACCESSIBLE VIA LINKS ON THE SITE.

You agree to indemnify, defend and hold harmless Bayshore and its officers, directors, employees, agents, third party service providers and successors from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees (collectively, “Losses”) resulting from: (i) your use of or reliance on the Site and the Content; (ii) your breach or alleged breach of these Terms; (iii) your failure to comply with any applicable laws; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including, without limitation, obscene or indecent postings; (v) any of your dealings or transactions with other persons resulting from use of the Site including, without limitation, the use of links to third party websites contained on the Site and third party service providers. You will be required to completely and fully indemnify Bayshore for any Losses.

The laws of the Province of Ontario and federal laws of Canada applicable therein shall govern the Terms, the Site and your use of the Site, without regard to conflicts of laws principles and the location from which you are accessing the Site. You agree to irrevocably submit to the exclusive jurisdiction of the courts located within the Province of Ontario in relation to claims arising under or related to the Site or the Terms. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Bayshore’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. The Terms and Bayshore’s Privacy Policy constitute the sole and entire agreement between you and Bayshore regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.  

Should you have any questions or concerns about these Terms, please contact the Site Administrator at Vantage@bayshoredigital.ca.  If you wish to discontinue access to the Site at any time, please notify the Site Administrator at Vantage@bayshoredigital.ca.

Bayshore Vantage™, MyBayshoreCare™, Bayshore HealthCare®, Bayshore®, Bayshore Home Health®, Bayshore Home Care Solutions™, Bayshore HealthCare Solutions™, Bayshore Specialty Rx®, Bayshore Therapy and Rehab®, Carepath® and Bayshore Integrated Care Solutions™ are owned by or licensed to Bayshore.  All elements of the Site including, without limitation, the general design and the Content, are the property of Bayshore, its licensors, or other providers of such material and are subject to intellectual property laws, including, without limitation, copyright protection. No license or right, express or implied, is granted to any person under any intellectual property rights. 

 Please refer to Bayshore’s Privacy Policy https://www.bayshore.ca/privacy-policy/ and direct any related privacy concerns to privacyofficer@bayshore.ca

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