Foundry Virtual BC – Terms of Use

Terms of Use 

Effective: [15 Jan 2021]   

This Agreement is an agreement between you and Foundry and covers the use of the FoundryBC App, the Services, and Content.  You must read and accept the terms of this Agreement before using the Foundry Virtual BC App, the Services, or Content. 

Foundry may change or replace this Agreement at any time.  Foundry will ask you to review again and agree to this Agreement, or its replacement, when any change is made.  

1.Requirements 

You agree that: (a) you are 12 years old or older, (b) you live in British Columbia, Canada, and (c) all information you provide to Foundry will be true and accurate.  

2.Ownership and License  

The Foundry BC App and all Content related to the Foundry BC App is owned by Foundry and its Suppliers.    

Subject to your agreement to and compliance with this Agreement, Foundry hereby grants you a non-exclusive, revocable, limited license to install, access, and use the Foundry BC App in accordance with this Agreement.    

Foundry may cancel or suspend this license if you do not comply with this Agreement, or for any other reason.  When Foundry terminates this license your access to and use of the Foundry BC App automatically ends, your account will be deleted, and you will no longer be able to log into the Foundry BC App.  At this point you must delete the Foundry BC App from your Device.   

3.Your Information and Your Privacy  

You understand and agree that in order to be able to use the Foundry BC App you will need to provide us with personal information about you, including:   

• Your full legal name  
• Your date of birth  
• Your Personal Health Number (PHN)   
• Your postal code  

Note : We will verify your name, DOB and PHN using Healthnet BC and update the PHN information if it is missing from our end, if needed  

You agree that Foundry may collect, use and, in exceptional cases, disclose your personal information as set out in the Foundry Privacy Statement .  

 4.Code of Conduct  

You are responsible for all activities using your account to the Foundry BC App.  You agree that when using the Foundry BC App you will follow these rules:  

• Do not do anything illegal.  
• Do not allow any other person to access or use the Foundry BC App on your behalf or using your account.  
• Do not provide false or misleading information to Foundry.   
• Do not engage in activity that is fraudulent, false or misleading (e.g. impersonating someone else) or libelous or defamatory.  
• Do not tamper with or compromise any aspect of the Foundry BC App.  

• Do not circumvent or attempt to circumvent any restrictions on access or any of the security measures associated with the Foundry BC App.  
• Do not remove or alter any proprietary symbol or notice, including any copyright notice, trade-mark, or logo displayed in connection with the Foundry BC App.  
• Do not decompile, disassemble, reverse engineer, or otherwise copy any software associated with the Foundry BC App.  
• Do not copy or record any content associated with the Foundry BC App, including any virtual sessions.  
• Do not engage in activity that is harmful to others.  

• Do not allow others to use the Foundry BC App to do any of the above. 

5.Security and Your Use of the Foundry BC App 

You are responsible for the security of:  

• Your email address associated with your use of the Foundry BC App.  

• Your Foundry BC App password.  
• Your Device.  

You will report to Foundry immediately if security is compromised in any way.   Foundry’s contact information is online@Foundry BC.ca   

Before disposing of your Device you will permanently delete the Foundry BC App from your Device.   

You will find a private space to participate in virtual sessions on the Foundry BC App or to use the other Services so that no one else can see or hear what you are doing.  If you decide to have a family member or friend with you while you use the Foundry BC App, please introduce them at the beginning of your virtual session. 

6.NO WARRANTIES  

Foundry provides the Foundry BC App, the Services, and Content on an “AS IS” basis and “AS AVAILABLE”. Foundry does not guarantee:  

• The Foundry BC App, Services, or Content will be available.  
• Your use of the Foundry BC App or Services will be timely, uninterrupted, or error free.  
• The Content is accurate, reliable or complete.  
• Any errors in the Foundry BC App, Services, or Content will be corrected.  
• The Foundry BC App, Services, or Content will meet your expectations or requirements.  

Foundry and its Suppliers are not responsible for any services or content that are not provided by Foundry.  

You may connect with service providers on the Foundry BC App who may suggest other appropriate services either online or in your community.  Foundry does not guarantee your eligibility or the availability of such services.   

7. NO LIABILITY  

You acknowledge and agree that under no circumstances will Foundry or its Suppliers be liable to you or to any other individual or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury, or damage, whether foreseeable or unforeseeable (including, without limitation, claims for damages for loss of profits or business opportunities, use, or misuse of, or inability to use the Services or any Device used in connection with the Foundry BC App, interruptions, deletion or corruption of files, loss of programs or information, errors, defects or delays) arising out of or in any way connected with your access or use of the Foundry BC App, Services or Content and whether based on contract, tort, strict liability or any other legal theory. The previous sentence will apply even if the Province, Foundry or its Suppliers have been specifically advised of the possibility of any such loss, claim, injury, or damage. 

8.Third-Party Beneficiary  

You acknowledge and agree that Foundry’s Suppliers are third-party beneficiaries of this Agreement and have the right to obtain the benefit of and, as applicable, to enforce this Agreement against you in connection with your use of the Foundry BC App, the Services or the Content.  

 9.General  

You understand and agree that this Agreement, including any linked documents, is the entire agreement between you and Foundry with respect to the Foundry BC App, the Services and Content. If any of these terms are invalid, illegal or unenforceable, all other terms will remain in full force and effect. This Agreement is governed by and will be construed in accordance with the laws of the Province and the applicable laws of Canada. By using the Foundry BC App, you consent to the exclusive jurisdiction and venue of the courts of the Province, for the hearing of any dispute arising from or related to this Agreement or the subject matter herein. The Foundry BC App is governed by the Freedom of Information and Protection of Privacy Act and its supporting regulations, as the same may from time to time be amended, re-enacted or replaced.  

Definitions  

Terms in this Agreement have the following meanings:  

• Agreement means this agreement between you and Foundry covering the use of the Foundry BC  App, the Services and Content including the terms of the Foundry Privacy Statement.  
• Foundry means Providence Health Care Society and the program within Providence Health Care Society supporting the creation of the Foundry virtual clinic program and Foundry BC App.   
• Foundry BC App means the application made available to you by Foundry, including the enabling software and other software associated therewith.  
• Services means the services provided by a Foundry Service Provider through and as part of the Foundry BC App, such as virtual sessions with a Foundry Service Provider. A Foundry Service Provider could be a counsellor, peer support worker, nurse, physician or any other healthcare provider that you interact with via the app.  
• Content means information and works made available, displayed or transmitted in connection with the Service, including, without limitation, data, text, audio, video, trade-marks, trade names, logos, domain names, images, graphics, graphical user interface elements and designs, in any form or medium whatsoever.  
• Suppliers means licensors and service providers of the Province and Foundry in connection with the Foundry Centres including, without limitation Freshworks, Zoom and Dacima.   
• License means that Foundry is giving you permission to install and use the App. The permission is “non-exclusive” because Foundry also gives this same permission to other people who want to use the App. The permission is “limited” and “revocable” because you are not allowed to do whatever you want with the App. You must follow the requirements set out in this Agreement. If you don’t follow these requirements, Foundry can take away your access to the App.   
• Device means a computer, tablets, mobile phone or other device which you use in connection with the Foundry BC App.  
• healthnetBC: The healthnetBC is an interface enables access to the Ministry’s databases that contains some of your personal information such as PHN, DOB, legal name, etc. by external agencies, either via the Internet or an integrated software system.  
•  Foundry Privacy Statement means Foundry’s statement about the information Foundry collects about you through the Foundry BC App and Services and how Foundry uses and, in exceptional cases, discloses that information.  
•  Personal Health Number or PHN means the unique identity number that is issued to you by the Medical Services Commission so that you can access publicly insured health care services.   
•  Province means Her Majesty the Queen in right of the Province of British Columbia.  
•  Proprietary symbol or notice: means any logos or Foundry images or symbols and other visual content on the app including copyright notices, trademark notices, patent markings, trade secret legends, confidentiality labels and other notices used from time to time to show its ownership of the Intellectual Property Rights.