MHI PheWeb - Terms and Conditions

Further to its mission as not-for-profit organization and in accordance with relevant research standards and practices, the Montreal Heart Institute (hereinafter, the “MHI”) agreed to make some of the data obtained when performing its study gratuitously available to the medical and research community (hereinafter, the intended “users”) to support dissemination and exchange of knowledge. The foregoing is, however, made based on the essential terms set forth below, which acceptance constitutes a condition precedent to such disclosure, any subsequent access, use, reliance or other process of such data.

1. Even if MHI used reasonable care to validate that the data was accurate at the time of disclosure, MHI nonetheless expressly points out that:
   1. any data is provided for informational and educational purposes only, and on an “as is” and “as available” basis;
   2. MHI denies and disclaims all representations, conditions and warranties (written/oral and express/implied) including as to
      1. the condition, quality, conformity, merchantability or fitness for a particular purpose of the data;
      2. the absence of defects, errors and inaccuracies (or its corrections);
      3. and the fact that the data will be updated or continuously available, or that it will not infringe any third party’s rights.
2. Even if the data could be considered (and/or was obtained using) information about subjects’ health/medical condition, no data is intended to provide medical advice, and accordingly such data shall not:
   1. be used for self-diagnosis;
   2. constitute or be construed as an interpretation of any medical condition;
   3. be considered as giving prognostics, opinions, diagnosis or medical recommendations;
   4. be considered as a substitute for professional advice; users shall be the sole persons responsible for making their own independent assessment of the data, and for any orientation, decision or conclusion made/reached based on the foregoing.
3. Any user understands and agrees
   1. that the access, use and other processes of the data shall only be made for lawful purposes (and in no event to attempt re-identifying any subject) and further to its own decision and initiative;
   2. the data is the property of the MHI and can be subject to patent and other protections;
   3. that it is deemed to access, rely on, use and/or otherwise process the data at its own risks and based on
      1. these essential terms, which apply in addition to (and in case of inconsistencies shall have precedence over) any other terms of the website/platform;
      2. on the fact that such access, reliance, use or other process and/or any dispute/proceeding are governed by the laws in force in the Province of Quebec excluding principles and rules that could lead to the application of foreign laws and subject to the exclusive jurisdictions of the courts of that Province;
   4. that unless prohibited by laws of public order (in certain circumstances), MHI assumes no responsibility whatsoever and shall not be responsible for any claim/damage including those arising/resulting from one of the occurences referred to in these essential terms.

Any other person accessing, using, relying on or otherwise processing the data (in contravention with the foregoing as not being an intended user) understands and agrees that is shall be deemed to bound by all of all these essential terms.