TERMS OF SERVICE
These terms of service (these “Terms”) constitute a legally binding agreement between you and DiagnoseAtHome Inc. (“DiagnoseAtHome,” “we”, “us” or “our”) governing your use of our website www.DiagnoseAtHome.com (the “Site”), which will offer you the opportunity to communicate with Medical Professionals (as defined below), purchase Tests (as defined), receive Results (as defined below), and/or receive Healthcare Services and Informational Services (as defined below) (collectively with the Site, the “Services”).
If you are using or purchasing the Services on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to the Terms for that organization and representing and warranting that you have the authority to bind that organization to the Terms. In such a case, “you”, “your” and “User” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and DiagnoseAtHome.
If you are:(a) accessing, using, receiving or purchasing the Services on behalf of an individual who (i)is physicallyor mentally incapable of accessing, using, receiving or purchasing the Services, or (ii)otherwise requires, requestsor authorizes youto access, use, receive or purchase the Services on their behalf; or (b) assisting an individual toaccess, use, receive or purchase the Services who (i)is mentally or physically incapable of accessing, using,receiving or purchasing the Services on their own,or (ii) otherwise requires, requests or authorizes your assistanceinaccessing, using, receiving or purchasing the Services, you are agreeing to the Terms for that individual andrepresenting and warranting that you have the authority to bind that User to the Terms. In such a case, “you”,“your” and “User” will also refer to that individual and yourself individually. For greater clarity, both you and suchindividual are legally bound by these Terms which form an agreement between you and DiagnoseAtHome.
By entering into these Terms and/or accessing, using or purchasing the Services, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN, YOU MAY NOT USE, ACCESS OR PURCHASE THE SERVICES.
- The Services
Through the Site, DiagnoseAtHome facilitates (a) online communication between individuals registered for a User Account (as defined below) (each a “User” and collectively, “Users”) and medical professionals (each a “Medical Professional” and collectively, “Medical Professionals”); and (b) the sale and Laboratory (as defined below) processing of Tests (as defined below), including the receipt of Results (as defined below). You agree that the Services are made available solely for your personal and non-commercial use.
- Eligibility to Use the Services
- The Services may only be used or purchased by individuals who can form legally binding contracts under applicable law. Subject to Section 2(b) below, the Services are not available to and cannot be purchased or used by persons under the age of majority in your province or territory of residence or Users who have had their User Account temporarily or permanently deactivated.
- Registered Dependent. Parent(s) (as defined below) may register for a User Account on behalf of his/her/their registered dependent under the age of majority in your province or territory of residence (“Registered Dependents”, each a “Registered Dependent”) in accordance with the terms and conditions of these Terms. Any reference to “you”, “your” and “User” will also refer to Parent(s) and his/her/their Registered Dependent, if and as applicable. For greater clarity, both you, individually as a Parent(s) and on behalf of your Registered Dependent, and your Registered Dependent, are legally bound by these Terms which form an agreement between you and DiagnoseAtHome.
- Residency Requirements. The types of Services available to you through the Site will depend and vary based on your country, province or territory of residence and the location in which you are located at the time such Services are requested or ordered (“Residency Requirements”). Healthcare Services and Test sales and processing will only be made available to Users who are a temporary or permanent resident of the United States, British Columbia, Alberta, Ontario, Nova Scotia, Manitoba, Newfoundland and Labrador, Prince Edward Island, New Brunswick, Quebec, Saskatchewan, Nunavut or Yukon, whether or not physically in such province or territory at the time that the User requests the Healthcare Services or purchases a Test. By requesting, receiving, using or purchasing any of the Services that have Residency Requirements, you represent and warrant that you, or any Registered Dependent, as applicable, shall meet such Residency Requirements at the time that the applicable Services are purchased or provided.
- In addition, to access, use or purchase the Services, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to access, use or purchase the Services. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.
- Parent(s) and Registered Dependents
- Parent(s). “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of his/her/their Registered Dependent, for which no judgment, order or decree has been made by any Court awarding the custody of his/her/their Registered Dependent to any other person or in any other manner affecting the status of the right of the Parent(s) as the legal parent(s) and/or guardian(s) of his/her/their Registered Dependent and that the Registered Dependent has not been emancipated. If only one Parent(s) (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of his/her/their Registered Dependent and on behalf of the other Parent, insofar as all matters related to the Services and these Terms are concerned.
- Registered Dependent. Parent(s) shall not permit his/her/their Registered Dependent to access, use or purchase the Services, unless otherwise permitted by these Terms and applicable law. Only upon the request of a Medical Professional shall a Registered Dependent communicate with such Medical Professional through the Site, provided that the Parent(s) consents to and supervises such communication. The Parent(s) (i) agrees to be bound by these Terms in respect of his/her/their Registered Dependent’s communication with a Medical Professional and the Parent(s) access to, use or purchase of the Services on behalf of the Registered Dependent; and (iii) understands that DiagnoseAtHome will rely on these Terms in providing or selling the Services to the Parent(s) and his/her/their Registered Dependent. For greater certainty, a Registered Dependent is not permitted to (A) purchase any Tests or access any Results, as all such purchases and access must be done by a Parent(s) on the Registered Dependent(s) behalf; or (B) communicate with a Medical Professional through the Services without the consent and presence of a Parent(s). The Parent(s) agree to indemnify and hold DiagnoseAtHome and its Released Parties (as defined below) harmless from any and all Claims (as defined below) which may arise from the breach by the Parent(s) and/or his/her/their Registered Dependent of any of the provisions of these Terms.
- Additional Policies. In addition, by using or purchasing the Services, you agree to be bound by any additional policies, guidelines, rules, obligations, agreements or documents communicated through the Services, including, without limitation, as applicable, any policies referred to in these Terms. For example, we may post additional policies, guidelines, rules, obligations or agreements that specifically relate your use or purchase of the Services. You agree to comply with such policies, guidelines, rules, obligations or agreements even if they are not identified in these Terms.
- Medical Professionals, Healthcare Services and Informational Services
- Medical Professionals. The Medical Professionals associated with the Services shall either be: (i) independent, regulated physicians who are registered to practice medicine in a province or territory of Canada (each a “Physician” and collectively, “Physicians”); or (ii) independent, regulated non-physician providers (e.g. psychotherapists, naturopathic doctors or nurses) who are registered to provide healthcare in a province or territory of Canada (each a “Non-Physician” and collectively, “Non-Physicians”). Medical Professionals are independent contractors who are not employed by DiagnoseAtHome or any of DiagnoseAtHome’s affiliates. To the extent permitted by law, a Medical Professional you communicates with may or may not be located in the province or territory in which you reside. Medical Professionals shall communicate with Users using interactive text, audio and/or video technology as provided through the Site. In order to speak with a Medical Professional, you must book an appointment through the Site. Medical Professionals may book follow-appointments with you to, for example, review Results. No in-person contact at a physical location shall be supported, encouraged, allowed or arranged by DiagnoseAtHome or through the Services. You assume all risks associated with dealing, and you are solely responsible for all dealings, with any Medical Professional with whom you meet, communicate with or come in contact with through the Services. You may or may not be able to request or select the Medical Professional you communicate with and the Medical Professional you communicate with may vary during your use and receipt of the Services.
- Healthcare Services and Informational Services. Medical Professionals shall only provide the services through the Services: (i) health care services (“Healthcare Services”) and/or (ii) general information about certain diseases and conditions and how they are treated in Canada (e. the information provided will be disease or condition specific rather than patient specific and will not include diagnosis or treatment) (“Informational Services”). If you require medical advice or counseling outside of the Healthcare Services or Informational Services, you should seek such advice from your physician or other registered healthcare professional. Users are responsible for providing each Medical Professional it communicates with the information that the Medical Professional advises is required in order to provide the Healthcare Services or Informational Services. Notwithstanding the foregoing, the Site may not permit the transmission of information in a way that allows the Medical Professional to provide Healthcare Services or Informational Services (e.g., poor resolution of images). Medical Professionals have the discretion to refuse or discontinue the provision of Healthcare Services or Informational Services to any User at any time for any reason, including, without limitation, if the Medical Professional determines (A) that the Healthcare Services or Informational Services are not appropriate for all of the User’s treatment needs; or (B) actual or potential misuse of such services by a User (e.g. where the information being requested through the Informational Services is not general information about certain diseases and conditions and how they are treated in Canada, but is actually on the nature of a diagnosis or treatment). DiagnoseAtHome is not responsible, nor does it assume any liability, for the Healthcare Services (including prescriptions distributed) or Informational Services provided by Medical Professionals through or on the Services, or any other actions of or communications or services received from or contributed by any Medical Professional through or on the Services (collectively, “Medical Advice”). All Medical Advice provided through the Services is provided by Medical Professionals, independent of DiagnoseAtHome. Medical professionals are solely responsible for all Medical Advice they provide to you, including, without limitation, compliance with standards of care, record keeping and other professional obligations. We are not a party to a User’s relationship with a Medical Professional.
- Through the Services, Medical Professionals may prescribe certain medications in their sole discretion. Once prescribed, the Medical Professional shall issue a prescription through the Services, which shall then be auto-faxed to the pharmacy fax provided by the User. DiagnoseAtHome does not review any prescriptions issued by a Medical Professional and only facilitates the transmission of the prescription to the User’s pharmacy through the Services. Notwithstanding the foregoing, Medical Professionals are not permitted to prescribe certain kinds of medication, including, without limitation, narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs which may be harmful because of their potential for abuse. You agree that any prescriptions you acquire from a Medical Professional through the Services are solely for the personal use of the individual named on the prescription. You agree to fully and carefully read all provided product information and labels regarding any prescribed medication, and to contact a physician (outside of the Services) or pharmacist if you have any questions regarding the prescription. Do not report any reactions, side effects or adverse events to prescribed medications through the Services. You should report any medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.
- Limitations and Restrictions. YOU MUST NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM. If you are experiencing the following symptoms, please do not request Healthcare Services or other services from a Medical Professional through the Services: chest pains, difficulty breathing, fever in Registered Dependents under the age of 3 months, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, any abdominal pain severe enough that you are unable to comfortably walk.
- Primary Healthcare Provider. The Services do not replace consultations with qualified medical or other relevant healthcare professionals. The Services are not a substitute for appropriate and timely contact with your primary healthcare provider. Any interaction with a Medical Professional through the Site is not intended to take the place of appointments with your regular primary healthcare provider. If you do not have an established relationship with a primary healthcare provider, you are encouraged to develop one. Never change or stop any course of treatment without first consulting your primary healthcare provider. You should seek emergency help or follow-up care when recommended by a Medical Professional or other healthcare provider. We do not provide your primary healthcare provider with a report about the healthcare services, informational services or Results that you receive through the Site. We strongly advise that you advise your primary healthcare provider about any services you receive, including the issues that caused you to request them.
- Tests and Results
- Subject to the Residency Requirements and these Terms, through your User Account, you can purchase a variety of medical devices (each a “Test” and collectively, the “Tests”) that enable you to take and store a blood, saliva, stool or urine sample in it (“Sample”). DiagnoseAtHome sources each Test from a third party medical distributor(s). Each collected Sample (i.e. a completed Test) is processed by a third party Clinical Pathology Accreditation (CPA), Institute for Quality Management in Healthcare (IQMH) ISO 15189 Plus Accreditation Irish National Accreditation Board (INAB) or Clinical Laboratory Improvement Amendments (CLIA) approved or College of American Pathologists (CAP) accredited third party laboratory(ies) (each a “Laboratory”). In order to purchase a Test, DiagnoseAtHome may require you to consult with a Medical Professional through the Services or a third-party medical professional and/or your purchase order may need to be reviewed and approved prior to completion. DiagnoseAtHome is under no obligation to accept a purchase order for a Test. All Tests available for purchase on the Site are subject to availability.
- Initial Delivery of Test to User. Any Test purchased through the Site will be shipped via a third-party delivery company,. In the event that DiagnoseAtHome becomes aware of any shipping delays, you will be contacted by someone from the DiagnoseAtHome team. Notwithstanding the foregoing, DiagnoseAtHome shall not be liable for any delays, early delivery, loss or damages in transit. If for any reason you fail to accept delivery of any Test purchased through the Site, or if delivery is unable to be completed because you have not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss of the Test shall pass to you; (ii) the Test shall be deemed to have been delivered; and/or (iii) DiagnoseAtHome or the delivery company, at its option, may store the Test until you pick it up, whereupon you shall be liable for all related costs and expenses (including, without limitation, as applicable, storage and insurance). DiagnoseAtHome shall not be liable for any non-delivered, damaged, faulty or absent components of a Test (even if caused by DiagnoseAtHome’s negligence). You will bear all risk of loss or damage with respect to the Tests once they leave DiagnoseAtHome’s facility until received and confirmed to be received by the Laboratory.
- User Completion and Submission of Test. Upon receipt of a Test, you agree to follow the instructions included with the Test and as set out here [LINK] regarding the completion of the Sample and submission of the completed Test (“Instructions”). Upon receipt of a Test, you may be required to submit a consent form, the details of which will be included in the Instructions or with the Test. All Tests must be registered through the Services in accordance with the Instructions within one (1) month of purchase. Any unregistered Tests delivered to a Laboratory for processing will not be processed. All Tests must be completed at the earlier of (i) the expiry date of the purchased Test (as set out on the Test); and (ii) within three (3) months of purchase. Any completed Tests and Samples delivered to a Laboratory after such time shall not be processed. We shall not provide a replacement Test due to expiry of a Test, unless the Test is already expired upon your initial receipt. By submitting a completed Test, you are formally providing your consent for a Laboratory to process the completed Test (i.e. the Sample) and produce the Results. If you do not follow the Instructions, including, without limitation, submitting a Test that is not adequately completed, you utilize the Test in a manner that contradicts or in inconsistent with the Instructions, or you do not return the completed Test within the instructed timeframe, the Test may not be processed, you may not be provided with the Results or the Results may be inaccurate or consist of unreliable readings of the Sample.
- If and once a Test is purchased and completed (i.e. the Sample is collected and sent for processing), once it is processed by a Laboratory, the Laboratory shall send DiagnoseAtHome their results (“Results”). DiagnoseAtHome or a Medical Professional may take steps to adapt the presentation of the Results to make them more understandable to Users. You hereby irrevocably consent to DiagnoseAtHome and/or a Medical Professional accessing, reviewing, processing, adapting and/or interpreting the Results, prior to such Results being communicated to you through the Services, solely for the purpose of making the Results more understandable to you. Users should only rely on the original Results created by and received from the Laboratory. Any Medical Professional and/or DiagnoseAtHome adaptation of the Results should not be relied upon or used for any decision making related to the Results. We shall deliver the Results to you at the email address you provide in your Registration Data or on your User Account or we may post it on your User Account page. We cannot and do not warrant or guarantee that the Results will be accurate (e.g. Results may be false-positive or false-negative). Repeat or further testing may be required. The Results are not Medical Advice and do not constitute a definitive diagnosis or result, and should not be used to treat disease. Once received, the Results you receive should be discussed with and verified by a Medical Professional you contact through the Services or another physician or registered healthcare professional. If you do not discuss your test results with a Medical Professional or another physician or registered healthcare professional, it is possible that you might misunderstand the implications of the Results. If Results are determined by a Medical Professional or another physician or registered healthcare professional to be normal, but your symptoms remain, you should be examined by a physician or other registered healthcare professional.
- User Accounts
In order to use or purchase the Services, you must register for an account through the Site (“User Account”). You may be required to submit additional information, either when registering for a User Account or thereafter when using or purchasing the Services (“Verifying Information”). Upon submission of such Verifying Information, you authorize DiagnoseAtHome to request, receive, use, store or share (including, without limitation, with Medical Professionals and Laboratories) such information as DiagnoseAtHome, in its sole discretion, deems necessary to provide you with the Services. Where permitted, DiagnoseAtHome has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information. When and upon registering for a User Account and while using and purchasing Services, you agree to (i) provide accurate, current and complete information as may be prompted by any User Account registration or otherwise through or on the Services (“Registration Data”); (ii) maintain the security of your User Account password; (iii) maintain and promptly update the Registration Data, and any other information you provide to or through the Services, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information or material you provide to or through the Services. You may not impersonate any other person while using or purchasing the Services. You may not allow other persons to use your User Account and you agree that you are the sole authorized user of your User Account. DiagnoseAtHome will not be liable for any loss or damage from your failure to comply with these obligations. You shall at all times be responsible and liable for all actions conducted through and related to your User Account.
- Fees, Charges, Refunds and Cancellation
- Change to Fees. We reserve the right to introduce or change any fees or charges on or related to the Services from time to time. If a fee or charge is changed or a new fee or charge is introduced, it will take effect no earlier than 30 days from the date it is posted on the Site, your User Account or as otherwise communicated to you in writing by DiagnoseAtHome. If you do not accept the changed or new fee or charge, you must terminate your User Account prior to the end of the 30 day period. After such period, if your User Account is not terminated, your continued use or purchase of the Services after the effective date of the change indicates your agreement with the new fees and/or charges.
- Refunds and Cancellations. .
- Payment Processing. Users may be required to provide a credit card, other payment and/or banking information when registering for a User Account. If and when you add a credit card, payment method and/or banking information to a User Account, you represent and warrant that you are authorized to use such designated payment method, and you authorize us to provide this information to our third party payment processor to charge your payment method for the total amount associated with the purchased Services. You acknowledge and agree that our third party payment processor’s terms will govern your agreement and interactions with them and that we have no liability arising from your use of or access to such payment processor. You agree to review our third party payment processor’s terms and policies. DiagnoseAtHome reserves the right to switch payment processing vendors in its discretion. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled until you are able to resolve the payment issue.
- Ownership, Copyright and Trademarks
- User Content. Content (as defined below) provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Services may include posted information, images, feedback, Registration Data, Verifying Information and other data uploaded by a User to the Services. DiagnoseAtHome’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 11
- Ownership, Copyright and Trademarks. Other than User Content, the Services (including the Content thereon) and any other software used to create and operate the Services is the property of DiagnoseAtHome or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
- Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice, in accordance with applicable law, any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
- License to Use the Services, License Restrictions and Restricted Activities
- In these Terms the content on the Services, whether made available to you or provided by you, including, without limitation, all User Content (as defined above), information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
- DiagnoseAtHome grants to you a revocable, non-exclusive, non-sublicensable license to use and access the Services and to view the Content available to you through the Services (“License”).
- License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Services (including the use and purchase thereof), the Content and the License are subject to the following restrictions, terms and conditions:
- The Services (including your User Account) are for your use only. You may not resell, lease or provide it in any other way to anyone else, except as permitted through the Services.
- You may not make or distribute copies of the Services.
- You may not alter, merge or translate the Services, or decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form.
- You may not modify, reproduce or create derivative works based on the Services or the Content.
- You may not use the Services for any application deployment or ultimate production purpose.
- You may not use the Services to develop any application, offering or service having the same or similar primary function as the Services.
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.
- You may not otherwise use the Services or the Content other than for its intended purpose.
- You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person; or (iii) carry any weapons.
- Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License in this Section is revocable by DiagnoseAtHome at any time.
- Your use or purchase of the Services and the Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law (including, without limitation, any patent, trademark, trade secret, copyright or other intellectual or proprietary rights).
- You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, hateful or illegal.
- You may not (i) index, scrape, “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Sites; or (ii) link directly or indirectly to any other websites, applications or services.
- You may not transfer or sell your User Account, password and/or identification to any other party.
- You must comply with and abide by the User Content Guidelines (as defined below).
- Your Limited License of Your User Content to DiagnoseAtHome
- We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Services, now and in the future. For example, if you, a User, share any personal health information through the Services, we need your license to share that User Content with the Laboratory who process your purchased Test and with any Medical Professional(s) you communicate with or, who provide you with Healthcare Services or Informational Services, or who assist with your purchase of a Test.
- Therefore, by posting or distributing User Content to or through the Services, you (a) grant DiagnoseAtHome and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right, in accordance with applicable law, to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the restrictions described Section 12 below).
- If your User Content is intended for the use of other users (including Medical Professionals and Laboratories), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right, in accordance with applicable law, to sublicense such User Content to such users for their use in connection with their use of the Services, as described in this Section.
- Rights Granted. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
- User Content Guidelines and Reviews Guidelines
- User Content Guidelines. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“User Content Guidelines”):
- any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of DiagnoseAtHome;
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
- content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- content that is intended to advertise services, products or offering of another person or organization;
- private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- viruses, corrupted data or other harmful, disruptive or destructive files; or
- content that is unrelated to the use or purchase of the Services.
- Review Guidelines. Reviews posted on the Services must comply with the following (“Review Guidelines”):
- Users who wish to post a review of a Medical Professional or the Services must have a User Account;
- reviews must be helpful and reasonable and must only accurately describe the true experience that the User had with such Medical Professional or the Services (i.e. no hearsay);
- reviews must be legal and must not infringe the rights of any party;
- reviews must comply with the User Content Guidelines above;
- reviews must not be written by or be about individuals under the age of 18;
- reviews must be written in English; and
- reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
- Violation of Guidelines. Reviews on the Services are the sole, subjective opinion of the Users who posted them. DiagnoseAtHome does not endorse any of the reviews posted on the Services and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section. If you believe that a review was written in a manner that contravenes these Terms, you may request the removal of such review through the Services. Any use of the Services or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.
- Security of The Services
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Services is encrypted using SSL certificates. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
- Third Party/Open Source Software
The Services may contain and/or may connect to third party software and/or open source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the Services or by contacting DiagnoseAtHome at https://diagnoseathome.com/contact.
- Third-Party Service Providers and Partners
DiagnoseAtHome may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate the Services in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or business information in providing services to us, or providing you with access to the Services. We may, in accordance with applicable law, use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or business information the subject of foreign laws and foreign legal proceedings.
- Linked Sites
The Services may contain links to third party websites (“Third Party Sites”) or third party content (“Third Party Content”) as a service to those interested in this information. You use links to Third Party Sites or any Third Party Content or services provided there at your own risk. DiagnoseAtHome does not monitor or have any control over, and makes no claim or representation regarding, such Third Party Content or Third Party Sites. DiagnoseAtHome provides these links only as a convenience, and a link to a Third Party Site or Third Party Content does not imply DiagnoseAtHome’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. DiagnoseAtHome accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of any Third Party Content, Third Party Sites, or websites linking to the Services. When you leave the Services, unless otherwise stated herein, our Terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Advertisements and Promotions
DiagnoseAtHome may run advertisements and promotions from third parties on or through the Services. Your business dealings or correspondence with, or participation in promotions of advertisers other than DiagnoseAtHome, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. DiagnoseAtHome is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on or through the Service.
- Typographical Errors or Inaccuracies
The Site may contain typographical or photographical errors or inaccuracies and may not be complete or current. DiagnoseAtHome reserves the right to correct any errors, inaccuracies or omissions (including, without limitation, after a Test purchase order has been submitted or after Results have been sent to a User) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability of Tests, and to the extent permitted by applicable law, DiagnoseAtHome reserves the right to cancel or refuse to accept any Test order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
The Services (WHICH FOR THE ENTIRETY OF THIS SECTION 19, INCLUDE, WITHOUT LIMITATION, ANY ADVICE, TREATMENT, DIAGNOSIS, OPINION, PRESCRIPTION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SITE, BY ANY MEDICAL PROFESSIONAL OR IN ANY RESULTS) AND the Content are provided to you on an “as is” basis without warranties from DIAGNOSEATHOME of any kind, either express or implied. DIAGNOSEATHOME EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIAGNOSEATHOME DOES NOT REPRESENT OR WARRANT OR GUARANTEE THAT THE SERVICES OR THE CONTENT ARE ACCURATE, COMPLETE, TIMELEY, SECURE, RELIABLE, CURRENT, VIRUS-FREE OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES OR THE CONTENT, OR ANY PORTION THEREOF. WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
ANY SERVICES PROVIDED ON OR THROUGH THE SITE, BY ANY MEDICAL PROFESSIONAL OR IN ANY RESULTS MIGHT BE INAPPROPRIATE FOR YOUR OWN SITUATION OR MIGHT BE MISINTERPRETED AND DIAGNOSEATHOME ASSUMES NO RESPONSIBILITY FOR HOW YOU USE SUCH SERVICES. THE CONTENT, THE RESULTS AND THE INFORMATIONAL SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT, RESULTS AND THE INFORMATIONAL SERVICES ARE NOT INTENDED TO BE MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. WE ADVISE YOU TO DISCUSS ANY QUESTIONS YOU MAY HAVE REGARDING ANY CONTENT, RESULTS, INFORMATIONAL SERVICES AND/OR THE STATUS OF YOUR HEALTH WITH A QUALIFIED HEALTHCARE PHYSICIAN OR OTHER HEALTHCARE PROVIDER PRIOR TO RELYING ON SUCH SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY SERVICES YOU OBTAIN FROM THE SITE, ANY MEDICAL PROFESSIONAL OR ANY RESULTS BEFORE RELYING ON IT. THERE ARE INHERENT RISKS ASSOCIATED WITH THE USE OF, RELIANCE ON OR INAPPROPRIATE RELIANCE ON OR USE OR PURCHASE OF THE SERVICES. RELIANCE UPON THE SERVICES OR THE CONTENT SHALL ALSO BE AT YOUR OWN RISK.
WE PROVIDE NO ASSURANCES, GUARANTEES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, REPUTATION, INTEGRITY, RESPONSIBILITY, OR ACTIONS (AS APPLICABLE) OF ANY (A) MEDICAL PROFESSIONAL PROVIDING SERVICES; (B) TEST SOLD ON THE SITE; OR (C) LABORATORIES USED TO PROCESS TESTS AND PRODUCE RESULTS. EVEN IF LISTED ON THE SERVICES, AND EVEN IF THEY RECEIVED FAVORABLE REVIEWS ON THE SITE, WE DO NOT ENDORSE, REFER, RECOMMEND, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (I) ANY TESTS PROMOTED, ADVERTISED, SOLD OR PURCHASED THROUGH THE SERVICES; (II) LABORATORIES USED BY DIAGNOSEATHOME; OR (III) ANY MEDICAL PROFESSIONAL WHO PROVIDES SERVICES. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PURCHASE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MADE IN THESE TERMS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability
- Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against DiagnoseAtHome, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties” and each a “Released Party”) directly or indirectly, arising out of, resulting from or in any way relating to your use of or reliance on the Services (which for the entirety of this Section 20, include, without limitation, any advice, treatment, diagnosis, opinion, prescription, recommendation, statement or other information provided on or through the site, by any medical professional or in any results) or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Services or the Content, or allegations that DiagnoseAtHome or any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use or purchase the Services at your own risk.
- No Damages. Without limitation of the foregoing, you agree that, to the fullest extent permitted by law, in no event will DiagnoseAtHome or any other Released Party be liable, howsoever caused, for any direct, special, indirect, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of reputation, loss of emotional well-being, loss of data, loss of life, or loss incurred by any third party, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the Services or the Content, including without limitation any damages caused by or resulting from (a) your reliance on the Services, the Content or other information obtained from DiagnoseAtHome, a Laboratory, a Medical Professional or any other Released Party or otherwise accessible via the Services; (b) mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or inability to access, use or purchase of the Services; (c) delay in performance of or default in our performance of any obligation under these Terms; and/or (d) or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to DiagnoseAtHome’s, any User’s, Medical Professional’s or any other Released Party's records, programs or services, regardless of legal theory and whether or not we have been warned of the possibility of such damages and whether those damages were foreseeable or not and/or caused by any negligence, misconduct, and/or other action and/or inaction, directly or indirectly, by you or any third party (including, without limitation, DiagnoseAtHome or any Released Party).
- Limitation of Liability. In no event shall the aggregate liability of DiagnoseAtHome, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the access to, purchase of or use of the Services exceed any amount paid by you to DiagnoseAtHome for access to the Services during the two (2) months prior to the date of any claim, if any. We shall not be in breach of any provision of these Terms caused by your failure to observe any of your obligations or undertakings as set out in these Terms. Further, we shall not be obligated to provide the Services, or any part thereof, where you have failed to comply with the terms and conditions of these Terms, including, without limitation, your failure to follow the Instructions as it relates to the Tests and the Samples.
- Third-Parties. To the fullest extent permitted by law, without limiting the generality of this Section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including but not limited to, the negligent acts or omissions, of the Medical Professional, Laboratories, our independent contractors, third-party partners (including the manufacturers of providers of the Tests), employees, clients, any other third-party service providers and/or any third party software and/or open source software providers.
- If you are dissatisfied with the Services, do not agree with any part of the Terms, or have any other dispute or claim with or against us or any other Released Party, then your sole and exclusive remedy is to discontinue accessing and using the Services. We reserve the right to seek all remedies available at law and in equity for violations of the Terms (in whole or in part).
- You shall defend, indemnify and hold harmless DiagnoseAtHome and the other Released Parties from any and all claims, suits, actions, losses, demands, injuries, damages, liabilities, costs (including reasonable legal fees), taxes, expenses, settlements, judgments, obligations, risks and proceedings of every kind and nature (“Claims”), known and unknown, which may arise from or are in any way connected with, among other things, (a) your violation of these Terms, including, without limitation, your failure to observe any of your obligations or undertakings contained within these Terms; (b) your violation of any third-party right or the rights of a Provider (as defined below); (c) any breach of a representation or warranty made by you to us, either in the Terms or otherwise; (d) our use of your User Content uploaded to the Sit or otherwise provided to us or a Provider; (e) the use or purchase of the Services or the Content (or any part thereof), by any person to whom you give access to your User Account; (f) your use or purchase of, access to, reliance on and/or activities in connection with the Services; (g) any negligent, fraudulent, reckless, or intentionally wrongful act; or (h) any failure to use the Services in accordance with all applicable laws, rules, and regulations. You will cooperate as fully as reasonably required in the defence of any Claims. DiagnoseAtHome reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you will remain liable for any such Claims and for the costs of the defence.
- Disputes between you and others. DiagnoseAtHome reserves the right, but has no obligation, to monitor and/or manage disputes between you, a Laboratory, a Medical Professional or any other individual or entity involved with or related to the Services (collectively, “Providers” and each a “Provider”). If you have a dispute with any Provider, you release and hereby agree to indemnify, defend and hold harmless DiagnoseAtHome and their Released Parties from any and all claims, demands, losses, damages, costs, taxes, expenses, proceedings and liabilities (including reasonable legal fees) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- Waiver of Trial By Jury and Disclosure of Information
- Waiver of Trial By Jury To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of the Terms.
- Disclosure of Information. We reserve the right to provide your User Content and other user information (including but not limited to your personal and/or business information) uploaded or collected by DiagnoseAtHome on or in connection with the Services, to third-parties, if required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If we are required by law to make any disclosure of your User Content or personal and/or business information, we may (but are not obligated to) provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
- Termination/Modification of License and Service
- Notwithstanding any provision of these Terms, DiagnoseAtHome reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use or purchase, as applicable, of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and/or (d) impose limits on the Services or Content. The Services is not available to Users who have had their User Account temporarily or permanently deactivated.
- DiagnoseAtHome reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policies, guidelines, rules, obligations, agreements or documents communicated through or applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and/or we will post a notice on your User Account page or elsewhere on the Site visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use or purchase of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies, guidelines, rules, obligations, agreements or documents communicated through the Services or incorporated in the Terms to understand the terms and conditions that apply to your use or purchase of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please contact us at www.diagnoseathome.com/contact
- Communications and User Submissions
- By creating a User Account, you agree to receive certain communications from DiagnoseAtHome. For example, you may receive notifications, a newsletter and/or other promotional e-mails. You can opt-out of non-essential communications. Notices that we give you (other than notice of modification of these Terms, which is discussed in Section 23 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data or on your User Account. Second, we may post a notice to you on your User Account page. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area(s) of the Site suitable to the notice. It is your responsibility to periodically review the Services and your User Account page for notices.
- Applicable Law and Venue
- Governing Law. The Services are controlled by DiagnoseAtHome and operated by it from its offices in Toronto, Ontario. You and DiagnoseAtHome both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and DiagnoseAtHome explicitly agree that all disputes, claims or other matters arising from or relating to your use or purchase of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against DiagnoseAtHome related to any Claim and, where applicable, you also agree to opt out of any class proceedings against DiagnoseAtHome. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
- To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
- Other Jurisdictions. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify DiagnoseAtHome and the other Released Parties for your failure to comply with any such laws.
- Termination of these Terms
You and DiagnoseAtHome may terminate these Terms and your use or purchase of the Services at any time, subject to the terms and conditions of these Terms. When you terminate these Terms, you must cease using the Services immediately. When your User Account is terminated, subject to applicable law, your Results or any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Sections 6(d) and 11 therefore survive the termination of these Terms. In addition, subject to applicable law, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If your User Account is terminated, DiagnoseAtHome will have no further obligation to provide access to the Services (including your User Account), except to the extent there is an obligation to provide you with access to your User Content or Results, or if we are requested to do so, for a limited period, by a Medical Professional or your physician or other healthcare provider in connection with his or her professional obligations to you. If these Terms expire or terminate for any reason, Sections 9, 10, 11, 19, 20, 21, 22, 23, 25, 26 and 27, and any representation or warranty you make in these Terms, shall also survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Our failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency. The Terms shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. DiagnoseAtHome may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of DiagnoseAtHome, and any such attempted assignment will be void and unenforceable. Violation of the Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of the Terms. These Terms constitute the entire agreement between you and DiagnoseAtHome regarding your use and purchase of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and DiagnoseAtHome regarding your use or purchase of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
- Questions and Comments
If you have any questions regarding these Terms or your use or purchase of the Services, please contact us here: