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Terms and Conditions of Use
Last Revised: August 2, 2021
*Please read the following terms attentively.
IF THIS IS AN EMERGENCY, DO NOT USE THIS SERVICE – SEEK IMMEDIATE MEDICAL ASSISTANCE BY DIALING 9-1-1
1.1. These terms and conditions of use (the "Terms") constitute an agreement between you, namely : the individual who created an account at yourtest.ca (the “Site”) operated by MediTest Group inc. (“MediTest”) or uses the Site account on behalf of another individual and who is described in these Terms as either a “User”, or a “Client”, or by using the terms “you” and “your” and MediTest, regarding to the Site and the Service (as defined hereunder). By using the Site or subscribing to the Service, you acknowledge you read and understand the provisions. Moreover, you fully agree to be bound by the Terms. If you do not have the authority required or disagree with any of the Terms, do not use the Site or the Service.
1.2. These Terms may be changed at the discretion of MediTest. All changes to the Terms will become effective on the day of the same being posted online. Reasonable notice will be made to all User having already a MediTest’s account to advise of any changes of the Terms; however, it is your responsibility to review the Terms from time to time.
1.3. Please note that the use of the masculine gender in the Terms is for convenience only.
2. Description of the service
2.1. The service is a consultation service and an online communication service with a doctor or a qualified nurse, via the Site, for obtaining a medical prescription for a screening test for sexually transmitted and blood-borne infections (a “STBBI”) (the “Service”). Any new features added to or complementing the Service will be subject to these Terms.
2.2. General information provided on the Site do not constitute nor replace advice, diagnosis, treatment or professional medical care. You may at any time obtain the opinion of your doctor or of any other qualified health care practitioner, duly authorized to practice medicine or general health care under the applicable laws of Canada to answer your questions concerning the information available on the Site and on any medical problem which from your perspective, could affect you or a third-party. You must never disregard an advice from a doctor or any other qualified health care practitioner, nor ignore or disregard any concerns about your health based on any information available on the Site. The information available on the Site is not exhaustive and does not cover all diseases, pain, physical disorders and treatment.
2.3. If you have symptoms that are similar to those of a STBBI, MediTest strongly recommends that you consult your doctor and not request the Service. The Service is intended for any User who is asymptomatic. Please note that a professional, acting in accordance with the best practices of his profession, his ethical obligations and the law, may refuse to provide a prescription through the Service in certain applicable circumstances.
3. Use of the Site
3.1. In order to use and access the Service, you must be at least fourteen (14) years old. If you are under the age of fourteen (14) years old or have not been able to demonstrate sufficient physical, mental and emotional development a parent or someone with parental authority over you must access and use the Service on your behalf. The Site (including the Service) and its content are intended to residents of Canada only.
3.2. As part of the use of the Service, you are responsible for providing clear information and photographs, if so, with sufficiently high resolution to enable the doctor to analyze the information provided. Whilst photographs of genitalia are permitted in line, any photograph of genitalia being submitted which violates the Criminal Code due to their obscene nature or where it is determined the same is online child sexual exploitation, will be immediately reported to the Royal Canadian Mounted Police’s www.cybertip.ca program in line with federal law.
3.3. You must create an account and complete all required questionnaires to receive all Services. You may create an account and complete the questionnaires on behalf of another person for whom you are their legal guardian or for whom you have the authority to act on their behalf with regards to their decisions relating to health care. You may be required to upload proof of legal guardianship. By using the Services you agree to:
3.3.1. the terms of the consent form for the use of electronic means of communication; 3.3.2. provide true, accurate, current and complete information in the creation of your account and in any health questionnaire to be completed; and
3.3.3. maintain and update without delay your information to ensure it is true, accurate, current and complete.
The health-related questionnaires that must be completed to access the Service may include questions about your gender, general health, sexual orientation, sexual preferences and practices. The information requested is limited to what is necessary or relevant to enable MediTest professionals to provide the Service and should not be considered exclusive or discriminatory.
3.4. Subject to your approval of these Terms, MediTest authorizes you to use the Site for personal purposes only, in accordance with the Terms; it is forbidden to use the Site for illegal purposes. It is strictly prohibited to use the Site or Service for medical emergencies. In case of an emergency, you must contact a doctor, a qualified health care practitioner or immediately dial 9-1-1. You should never attempt to do self-care on the basis of the information available on the Site.
3.5. The general information available on the Site does not create a doctor-patient relationship between you and MediTest, and is not intended to encourage anyone to become the patient of MediTest’s doctors.
3.6. Once you are a client of MediTest, the Site provides you access to a patient portal, which is a secure means of communicating with your doctor in writing via your account. Any electronic communications other than those made via the patient portal may not be protected and a third-party could have access to these communications. All collection, use or disclosure of your personal information by MediTest will be completed in accordance with the Privacy and Personal Information Protection Policy which is an integral part of the Terms and can be consulted by clicking the following hyperlink: Privacy and Personal Information Protection Policy.
3.7. Any photograph provided for the purposes of the Service will be used to diagnose and document your file, but may also be used for machine learning or artificial intelligence use. All photographs used for machine learning or artificial intelligence use, if so, are anonymized which means your personal identity is removed from being associated with the photographs. Additional security protocols are also in place to ensure internal, non-medical staff do not have access to your photographs prior to anonymization. You may withdraw your consent for your photographs to be used for ongoing machine learning or artificial purposes at any time either by emailing [email protected] or by checking this box after you have created an account.
3.8. You are entirely responsible for maintaining the confidentiality of your username and password. You should not disclose this with anyone. You are also entirely responsible for the type and content of all the information, texts, messages and other content you share through the Service.
3.9. You agree to immediately inform MediTest after becoming aware of unauthorized use of the Site or the Service or of any breach of security you experience. At the request of MediTest, as the case may be, you agree to collaborate in order to stop, prevent and resolve security problems or unauthorized use of the Site, including the Service.
3.10. MediTest reserves the right to access your account to respond to requests of technical assistance. MediTest is committed to maintaining appropriate administrative, material and technical protection measures to protect the security, privacy, accessibility and integrity of its databases and communications with third parties. MediTest will not disclose your data unless required by law or if you expressly consent to such disclosure in writing.
3.11. With the exception of the Service, MediTest will not use the Site to communicate with the public: i) regarding questions or medical aspects; ii) to establish doctor-patient relationships, iii) to make or cancel an appointment, or iv) for requests about fees, Services or similar subjects. Email communications via the Site about these subjects will remain unanswered and will be deleted without sending any form of response. If a person is not a client or User and wants to
contact MediTest or its doctors about medical concerns or appointments, they must contact MediTest by email at the following address: [email protected].
3.12. You agree it is strictly prohibited: (i) to grant licenses or sub-licenses, to sell, resell, rent, lend, transfer, assign or operate the Site or to commercially exploit it by any means or to make it available to a third-party in any way other than those expressly authorized by these Terms, (ii) to use the Site for the purpose of data processing on behalf of a third-party (except where you are acting as the parent or person with parental authority over someone else), (iii) to use the Site illegally or in any other way which may disrupt or alter the integrity or efficiency of the Site.
3.13. You acknowledge it is strictly prohibited to change, alter, adapt, hack or obtain an unauthorized access to private sections and tabs of the Site and to systems or networks used by MediTest. Moreover, you will not act in a way which would be likely to disrupt or alter the operation of the Site, including the Service, or any networks and servers relating to the Site.
3.14. You may not post, publish, reproduce transmit or distribute information or material on the Site which (i) constitutes or encourages conduct which would be a criminal offence or give rise to civil liability, (ii) is protected by copyright, trademark or other intellectual property right of any third party without obtaining their express prior permission, (iii) is contrary to law or would adversely impact the use of the Site by other clients including posting or transmitting viruses or other disruptive components.
3.15. Should MediTest fail to enforce or to insist on the enforcement of any of the Terms, it shall in no event be construed as a waiver by MediTest of any of its rights hereof. MediTest reserves the right to suspend or terminate your access to the Site or parts of the Site if MediTest has reasonable grounds to believe your information is false, incorrect, outdated or incomplete.
4.1. The Service is provided for a certain amount of money. Your payment to MediTest for the Service may be made via the Site by credit card through the Stripe payment platform. You agree hereby to the terms and payment conditions of the online payment platform provider Stripe which can be consulted by clicking the following hyperlink: https://stripe.com/en-ca/privacy MediTest does not keep any of your banking data.
4.2. All prices are quoted in Canadian dollars and do not include applicable taxes. Applicable taxes, if any, will be automatically added upon payment.
5.1. MediTest will refund the amount paid for your consultation only if a request is sent to [email protected] prior to MediTest responding to your request for Service;
5.2. If MediTest has responded to your request for Service it will be impossible to receive a refund. Please verify your email inbox to be alerted as to when a response will have been sent to your patient portal. Please also verify any spam filter or box to ensure that communications from MediTest are not directed to your junk mail.
5.3. Refunds will only be made via the same payment method used initially to make payment; no refund shall be issued via cheque or other means. Refunds may take between 5 and 10 business days to be seen in your account due in particular to processing times of the payment platform.
6. Cancellation and Termination
6.1. You may cease using the Service at any time and you may request your account be deleted by sending a request in writing to the following address: [email protected]. You must not use any procedure other than the one mentioned above in order to delete your account. When you request a cancellation of your account, you may continue to have access to the information located in your patient portal.
6.2. Upon receipt of your request, MediTest will provide you a copy of your file, whether as part of your request to delete or if access to your account was closed. MediTest declares to act in accordance with applicable laws concerning the retention of all personal information of a medical file and personal information.
6.3. MediTest reserves the right to: i) change or interrupt the Site, including the Service (in full or in part), temporarily or permanently, ii) prohibit current or future use of the Site or prohibit access to the account of a User (in full or in part), in particular in the event that MediTest considers, at its sole discretion, that you breached the Terms and (iii) delete or remove the archived content to the User account for whatever reason in accordance with the applicable laws.
6.4. MediTest will make all commercially reasonable efforts to directly contact you before interrupting the Service or prohibiting access to your account, but cannot guarantee that it will do so in a timely manner. Any illegal use of the Site, such as copyright infringement or use deemed inappropriate and a violation of the Terms according to MediTest, at its sole discretion, will cause the immediate deletion of your account.
6.5. MediTest exonerates itself from any liability to you or any third-party if the Site (including the Service) is modified, interrupted or terminated.
7. Intellectual Property
7.1. All rights, title and interest relating to the Site (including the Service), their components, features, functionality, software, code, text, displays, graphics, photographs, video, audio,
design, presentation, selection and arrangement, as well as all associated intellectual property rights, are and remain the exclusive property of MediTest and/or its licensors and/or third party service providers, subject only to the limited right of access and use expressly conferred to you pursuant to these Terms.
7.2. The trademark "Yourtest.caTM", the logos used or illustrated on the Site, the designs, images and slogans are intellectual property elements that belong exclusively to MediTest, subject to any statement to the contrary.
7.3. The Site content is protected by the Canadian Copyright Act and the Trademarks Act, and is the property of MediTest, of third-party owners having agreed upon a license in favor of MediTest, or of an accredited party as a content provider, as the case may be. Except as granted in the limited license herein, any use of the content, including change, transmission, presentation, distribution, new publication or any other use of the Site or its content, in full or in part, is prohibited without the prior written consent of MediTest.
7.4. Subject to the Terms, a limited, non-transferable and non-exclusive license is granted to you in order to access the Site and use its content for personal purposes and non-commercial use. You may download, keep and/or print one copy of the content for your personal use, as long as all copyrights and other proprietary notices are kept. You are not allowed to copy or rebroadcast online articles of the Site, reproduce, compile for an internal database, distribute, modify, create derivative works, publicly display, store or transmit any of the content of the Site. In the event of a conflict between the terms of a license governing specific content and the Terms, the terms of such specific license prevail.
8. Hypertext Links - Third-party Websites
8.1. The Site may contain hyperlinks to third-party websites. These links are meant for convenience only and do not imply endorsement or approval by MediTest. MediTest does not operate third-party websites, is not responsible for the content of these websites and makes no representation or warranty, nor any commitment of any kind regarding third-party websites, including, without restricting the generality of the foregoing: i) any commitment concerning the legality, accuracy, reliability, completeness, currency or relevance of the content of third-party websites, ii) any commitment concerning the quality and/or adequacy for a particular purpose of third-party websites or material, content, software, products or services offered on third-party websites or available through these websites, and iii) any commitment indicating the operation of these websites will be uninterrupted and free of errors, that defaults or errors will be corrected or whether these websites will be free of viruses or of any other harmful element.
8.2. MediTest is not related to any third-party website containing, displaying or transmitting illegal or indecent information of any kind, including, without restricting the generality of the foregoing: i) any content constituting or encouraging conduct which would constitute a criminal offense, which would incur civil liability or which would otherwise breach laws or regulations which could damage or harm MediTest’s activities, exploitation, credibility and integrity, or ii) any website posting, publishing or transmitting material or information of any kind which violates the rights of others, including material which infringes the privacy or publicity rights of
others, or protected by copyright, trademarks or other exclusivity rights. MediTest reserves the right to prohibit or refuse to accept, at any time, any link to the Site, including links containing information or content of the foregoing nature or which allow to have access to this content or information. Users who insert a hyperlink to the Site on a third-party website in violation of the Terms will have to remove without delay this link, upon notice by MediTest. MediTest reserves the right to claim damages or to initiate any legal and injunctive proceedings.
9. No warranties or representations
9.1. While MediTest attempts to provide accurate, precise and current information, no representation or warranty, express or implied, concerning the Site and its content, is made to the User about: i) the fact that Site’s content or accessible websites from the Site, or any other available articles on the Site or available through the Site, can be trusted and be used for a particular purpose, ii) the accuracy, completeness and reliability of the Site and its content for a particular purpose, iii) the fact that the operation of the Site will be error free or uninterrupted, iv) the fact that fault or error contained on the Site or its content, due to human or computer error, will be corrected, v) the fact that the Site is free of viruses and harmful elements, and vi) the fact that communications to or from the Site will not be accessible to third-party and/or will not be intercepted.
9.2. Although efforts are made by the employees and Doctors of MediTest to read and answer promptly to electronic communications, no guarantee is made about the response time.
9.3. Access to the Site is at the own risk of the User.
10.Limitation of liability
10.1. MEDITEST, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS AND DOCTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES SHALL NEVER BE HELD RESPONSIBLE FOR DAMAGES OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE RESULTING IN MATERIAL LOSS, PHYSICAL INJURY, MEDICAL DAMAGE, INCORRECT INFORMATION, INAPPROPRIATE TREATMENT OR OTHER DAMAGE CAUSED AS THE RESULT OF YOUR USE OF THE SITE, YOUR ACTIONS, ANY OMISSIONS OR YOUR CONDUCT WHEN USING THE SITE, YOUR BREACH OF THE TERMS DURING THE USE OF THE SITE, FROM THE CONTENT ON THE SITE OR TO THE RELIABILITY YOU GIVE IT, WHATEVER THE CAUSE OF THE DAMAGE. MEDITEST SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL.
10.2. MediTest limits its liability to the maximum extent permitted by applicable laws.
11.1. The User hereby agrees to indemnify, defend and release MediTest, its Doctors, directors, employees, agents, licensors and their respective successors and beneficiaries from all claims, actions, proceedings, damages, penalties and expenses of any kind whatsoever, including legal
expenses and fees of its legal counsel, related directly or indirectly to his use of the Site, arising from his breach of the Terms, or resulting from his trust of the information that the Site contains, his inability to access the Site, including websites available through the Site.
12.1. In no event shall MediTest be held liable for any default or delay in the performance of the Service caused by war, act of hostility or computer sabotage, natural disaster, failure of an electrical grid, Internet network or telecommunications system, limits imposed by public health or government authorities, or any other event beyond its control. MediTest is committed to make all reasonable efforts in order to mitigate the effects of any such events.
13.Assignment and Subcontracting
13.1. MediTest reserves the right to assign or transfer the Terms, in full or in part, without limitation as part of a sale of substantially all or all of its assets, or as part of a merger or as part of an acquisition to a third party without limitation or obligation to obtain any prior consent. MediTest may assign its rights or obligations, in full or in part, to subcontractors, at any time, without limitation or obligation to obtain any consent.
13.2. MediTest shall ensure any assignment of rights or obligations to subcontractors or providers is done in a secure and confidential manner, the latter being bound to maintain the appropriate levels of security and data privacy protection standards as undertaken by MediTest.
14.1. The Terms and the relationship between you and MediTest shall be governed by and construed in accordance with the laws of the Province of Quebec (Canada) without regard to conflicts of law principles. You expressly agree to be subject to the jurisdiction of the courts of law of the Province of Quebec (judicial district of Quebec) for litigation resolution purposes relating to the Terms. Notwithstanding the above, you agree MediTest is allowed to initiate proceedings for an injunction (or any other equivalent emergency measures) before any competent authority.
14.2. If a court of competent jurisdiction holds any provision or part of the Terms to be invalid, this provision will be removed from the Terms without amending any other provision. All the other Terms will remain in full force and effect.
15.1. The following e-mail address is dedicated to support and technical assistance: [email protected].
16.1. The Terms, and any document incorporated herein by reference, constitute the entire agreement between the User and MediTest. In case of any discrepancy between the French and English versions of the Terms, the French version shall prevail.