Terms and Conditions

 

 

SickKids (SFT) Service - Terms and Conditions of Service

Description of Service

 

The Hospital for Sick Children’s (“SickKids”) secure file transfer service (the “Service”), is an enterprise-class secure and managed file transfer (SFT) solution that facilitates the secure transfer of large and confidential files by SickKids users with colleagues, customers, partners, and other third parties while maintaining a complete transaction and audit trails important for regulatory compliance.

 

Acceptance of Terms and Conditions; Modifications

 

YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING AND/OR ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR UPLOADING ANY USER FILES FROM OR ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.

These Terms and Conditions of Service may be modified from time to time and it is your responsibility to check for updates at this location.  Any use by you following such amendments being posted shall constitute your agreement to such revised Terms and Conditions of Service.  If you do not wish to agree to any amendment version, please discontinue use of the Service.

In addition to these Terms and Conditions of Service, you also agree to abide by other guidelines or rules posted on the Service.

 

Registration

 

Internal SickKids users are login using, and are authenticated through, Active Directory.

The SickKids (SFT) Service requires external users to register and provide certain data.  You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or SickKids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SickKids has the right to suspend or terminate your account and refuse any and all current or future use of the Service. 

Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username.  You must not share the username/password with any other person.  You agree to (a) immediately notify SickKids of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SickKids cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

 

User Content; Service Use Indemnity

 

Users are responsible for the content they upload and transmit using the Service (“Content”) and for ensuring that such content and their use complies with the applicable service limitations.   By uploading any Content, you represent and warrant that you have the legal right to distribute such Content to the intended recipient and that such Content does not violate the applicable service limitations.  You agree to defend, indemnity and hold harmless SickKids from any third party claims made against SickKids or damages sustained by SickKids due to your breach of the foregoing or these Terms and Conditions of Service.

As between SickKids and each User, the User retains all proprietary rights in their Content and SickKids retains all proprietary rights in the Service.  You hereby authorize SickKids to store and duplicate the Content as required to provide the Service (e.g., deliver such Content to the identified recipient).  SickKids is under no obligation to return or provide a copy of any Content back to the submitting user.  You are responsible for retaining copies of any Content submitted.

Service Limitations

SickKids (SFT) Service may only be used for the intended purpose for which such Service is being made available. You may only use the Service to transfer or exchange content among SickKids staff and between SickKids staff and external colleagues and collaborators. You may not use the Service to:

  1. Upload, or otherwise transmit any Content that you do not have a right to transmit, distribute and/or make available under any law or under contractual or fiduciary relationships (for example, you may not distribute copyrighted material which you do not have a lawful right to distribute to third parties).
  2. Upload or transmit any Content that is, or that promotes behavior that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. Upload, transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age, except for use for patient care or research approved by research ethics board.
  4. Associate SickKids and SickKids Service with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Service to store, use, contain or display pornography, adult novelties, adult toys, XXX material, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
  5. Sell, distribute, or make any commercial use of data obtained from the SickKids (SFT) Service or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
  6. Upload, email, and transmit, any unsolicited or unauthorized advertising, promotional materials, “junk mail, ““spam,”“chain letters, "pyramid schemes," or any other form of solicitation.
  7. Upload, or transmit 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;
  8. In compliance with the hospital PHIPA policy, all packages are deleted after seven days from the point of package delivery and cannot be extended nor modified.

Internal users are subject to all SickKids policies when using this Service.  

External users must not use the Service to transfer any content to any other institution or entity except SickKids (or the users of any such other institution or entity).

External users are subject to their own institutional policies as well as PHIPA and all privacy and security regulations that apply to protection of health information in the province of Ontario.

 

Modification, Suspension or Termination

 

SickKids may modify, suspend or terminate the Service at any time and without notice.  The Service is not guaranteed to be available at all times.  SickKids retains the sole discretion to suspend or revoke any user’s access to the Service, with or without cause, and with or without prior notice.

 

Warranty Disclaimer; Limitations on Liability

 

The Service is provided on an “as is” basis and SickKids hereby expressly disclaims any representation, warranty or conditions in respect of the Service, whether express or implied, statutory or otherwise, including without limitation any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, accuracy, non-infringement, security and/or service quality.  The Service has been designed with security controls and protections but SickKids does not assume any liability for any breach.  You agree that SickKids shall not be liable any damages arising from your use of the Service, whether direct, indirect, consequential, special, incidental, ancillary or otherwise, including lost profits, lost revenues, loss of data, loss of reputation or other types of damages, notwithstanding the basis for the claim, whether arising in contract, tort (including negligence), strict or absolute liability, or otherwise, and regardless of whether or not SickKids was aware or should have been aware of the potential for such damages.

 

Governing Law and Jurisdiction

 

These Terms and Conditions of Service shall be interpreted under the laws of (including any federal laws applicable therein), and any dispute or claim arising from these Terms and Conditions of Service and/or your use of the Service shall be addressed in the applicable courts in, Ontario Canada.  You hereby submit to the jurisdiction of the courts of Ontario in respect of the foregoing.

 

Export Restrictions

 

Except for SickKids staff, other senders must be located within Canada and the United States only.  You agree to comply with all applicable export control and economic sanctions obligations, including those set out under Canadian export control laws and regulations in respect of US origin goods and technology.

 

General

 

These Terms and Conditions of Service, along with any guidelines or rules posted by SickKids on the Service, constitute the entire agreement and all of the terms and conditions relating to SickKids provision of and your use of the Service.  You may not assign these Terms and Conditions of Service or your use of the Service to any other individual.

 

Resource Links : https://www.ontario.ca/laws/statute/04p03

 

 

 

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