LIFELABS DIRECT SERVICES TERMS OF SERVICE

Direct Services are intended to provide you with administrative and informational healthcare management services as well as private-pay laboratory tests not covered by your provincial health care plan. Direct Services are not intended to provide you with any medical advice or any other advice. For advice about your test results or your medical condition, ask your physician or other health care provider. Laboratory results will be presented to you in substantially the same format in which they are presented to your physician or other health care provider. Your physician or other health care provider has specialized medical training to understand the implications of the test results. LifeLabs has not taken any steps to adapt the presentation of the test results to make them more understandable to viewers who do not have medical training. If you do not discuss your test results with your physician, it is possible that you might misunderstand the test results and their implications. Any other health and health-related information delivered to you or contained within any LifeLabs website or app is intended to be general in nature and should not be used as a substitute for a visit to your physician or other health care provider. Any such information that you obtain from any Direct Services might be inappropriate for your own situation or might be misinterpreted. LifeLabs assumes no responsibility for how you use the information you obtain from this site. If you have a medical emergency, or need to speak to medical personnel urgently, call 9-1-1, contact your physician, or go to the nearest hospital.

No Direct Service is a substitute for appropriate and timely contact with your physician or other healthcare provider. Never change or stop any course of treatment without first consulting your physician.

Information provided to you as a Direct Service or which is accessible through any Direct Service, whether specific to you personally or general in nature, is provided and to be used solely at your own risk.

Direct Services are provided on an ‘as is’ basis without representations, warranties, or conditions of any kind, either express or implied or statutory. You expressly agree that all use of Direct Services are at your sole risk. You agree that LifeLabs assumes and has no liability for Direct Services being unavailable at any time, or for the reliability, validity, accuracy, completeness, integrity, quality, or timeliness of, or any failure to deliver or store any laboratory test results or other content. LifeLabs does not represent or warrant the reliability, validity, accuracy, completeness, integrity, quality or timeliness of any laboratory test results or other content. You acknowledge that any use, non-use, reliance, or non-reliance upon any laboratory test results or other content will be at your sole risk.

1. You may use Direct Services for your personal, non-professional, non-commercial purpose and not for any other purpose. You are not permitted to make any resale, commercial, or derivative use of Direct Services, or use any data mining, robots, or similar data gathering and extraction methods on Direct Services.
2. You may use or access Direct Services for another person if you have their express permission or you are otherwise authorized, e.g., if you are their legal guardian, or have power of attorney for care.
3. Individuals who are 13 years of age or older may use Direct Services; Direct Services are not intended for use by individuals younger than 13. Also, Direct Services only allow access to laboratory results for individuals who are 16 years of age and older in British Columbia and 18 years of age and older in Ontario.
4. Certain Direct Services enable you to upload items for particular purposes, such as your laboratory test requisition so that it is available at the LifeLabs patient service centre when you arrive for your appointment. You must not use this feature to upload any item other than the specified items for the particular purpose and you must also take reasonable care that your upload does not introduce malicious code or programs such viruses, worms, trojan horses, etc. on LifeLabs’ information systems.

Many Direct Services are, or are accessible through, LifeLabs websites (including www.lifelabs.com), portals, apps, and other Internet-enabled Services (all of which are “Online Direct Services”). The following Terms apply to your browsing, installing, downloading, accessing or otherwise using an Online Direct Service (and “use” or “using” in this Section will mean any of the foregoing).

1. Permitted Uses: When using any Online Direct Services, you agree to comply with all applicable laws and regulations, including but not limited to all intellectual property, data and privacy, and export laws. You further agree:
   1. You will only use an Online Direct Service for its intended purpose, i.e., to enable you to access and manage health care information and services;
   2. You will not use an Online Direct Service in any manner that could damage, disable, overburden, or impair the Online Direct Service, or interfere with another user’s use or enjoyment of the service; and
   3. You will not obtain any materials or information not intentionally made available to you through the Online Direct Service.

   LifeLabs may disclose any information as required or permitted by law, legal process, or government request without notice. LifeLabs may also, in its sole discretion, terminate your use of any Online Direct Services without notice to you.

2. Security of Your Data: LifeLabs has implemented appropriate internal security measures to protect your data, including the encryption of data on our servers when stored or in transit. LifeLabs does not, however, guarantee the confidentiality of any communications made by you through the Internet or public networks in connection with your use of an Online Direct Service. You are responsible to protect your data through appropriate means such as by keeping your user IDs and passwords secret and not sharing them, periodically changing your passwords, using strong passwords, and using the most up-to-date versions of apps and browsers. You must also use caution when providing personally identifying information over the Internet. LifeLabs is not liable for any loss or damage resulting from your use of Internet-based communication tools or services.
3. Your Posts and Messages Using Online Direct Services: You will only post, send, and receive messages that are appropriate for the particular Online Direct Service that you are using, and only such messages that you are authorized to communicate. LifeLabs does not claim ownership of materials that you provide, post, or upload to any Online Direct Service. By providing, posting, or uploading information, you grant permission for LifeLabs to use the materials without compensation to you. You agree that you will not use Online Direct Services to:
   1. Defame, abuse, harass, or threaten others;
   2. Publish, post, upload, or disseminate infringing, obscene, or unlawful material;
   3. Upload files, software, or programs covered by the intellectual property or privacy rights of others;
   4. Upload viruses, corrupted files, or programs which might damage the computers of others;
   5. Advertise or promote any goods or services;
   6. Conduct or forward surveys, contests, pyramid schemes, or chain letters;
   7. Falsify or delete any author attributions, legal notices, or proprietary designations;
   8. Restrict or inhibit any other user from using and enjoying the Online Direct Services;
   9. Harvest or collect information about others, including e-mail addresses.

   LifeLabs may review and remove any material posted at its discretion. LifeLabs may terminate your ability to use the communication services of any Online Direct Service at any time for any reason without notice to you.

4. Copyright: All content of Online Direct Services is copyright by LifeLabs and/or its third party suppliers. LifeLabs reserves all rights in respect of this content. You may use such content for non-commercial, personal and education purposes provided that you do not modify the content and you include the associated copyright notice. You may not make any commercial use of the content, include the content in any product or service, or copy the content to any other website or document.
5. Cookies: When you use an Online Direct Service, LifeLabs uses and may engage third party service providers who use cookies, web beacons, and similar tracking technologies (collectively “cookies”). Website servers also automatically collect IP addresses. LifeLabs does not use cookies to collect your personal information and we do not link your IP address or cookies to personal information. You may manage the use of cookies in your browser.

   Our cookies targeting advertising may indicate the pages that interest you when you are using Online Direct Services. We may allow companies to post banner ads or links on our online services, just as we may also post our own banner ads and links on our partners’ services. The presence of an ad on our site does not imply endorsement of the advertised company or product. Advertising revenue supports our community-based programs.

   By using Online Direct Services, you agree to the use of cookies and collection of IP addresses in the foregoing manner.

LifeLabs may add to, alter, suspend, or discontinue in whole or in any part, Direct Services, including the availability of any feature or content at any time without notice. LifeLabs may also impose limits on certain features and aspects of Direct Services or restrict your access to parts of or all of Direct Services without notice or liability.

LifeLabs may, in its sole discretion, terminate or suspend your access to all or any part of Direct Services, including your account and lab test results at any time, with or without notice, for any reason, including, without limitation, breach of these Terms. Without limiting the foregoing, any fraudulent, abusive, or illegal activity, or activity that compromises the security of LifeLabs systems, or impedes the enjoyment or access of others to Direct Services will result in the termination of your access and potentially your permanent ban from use of Direct Services. Access to a user’s account will also be terminated when LifeLabs receives a copy of their death certificate and all contents therein will be permanently deleted. Termination of your access to Direct Services includes the permanent deletion of your user ID, password, and all related registration information and files associated with or inside your account or user profile.

As between you and LifeLabs, LifeLabs is and will remain the sole and exclusive owner of all right, title, and interest in and to Direct Services and all of the technology and software used by LifeLabs to provide Direct Services, including copyright and all other intellectual property rights and all enhancements, modifications, or additions thereto. You will acquire no rights whatsoever to all or any part of the foregoing except that LifeLabs permits you to use Direct Services in accordance with these Terms. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the intellectual property used in delivering Direct Services.

In order for you to use certain Direct Services, it is necessary for LifeLabs to be able to communicate with you electronically. When you send e-mails or communicate with us through an online mechanism (such as placing an order for a Direct Service through the service’s web page), you are communicating with us electronically and you consent to receive communications from us electronically.

For certain features, you may opt to receive a text from LifeLabs (such as appointment confirmations). Any and all charges, fees, or costs for your receipt of text messages are your sole responsibility. You should consult with your wireless carrier to determine what charges may apply.

LifeLabs may provide you with notices, including those regarding changes to these Terms, by postings on LifeLabs.com or other Direct Services websites or apps, or by email to you. Service-specific notices or changes may only be notified to users of the affected service. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your privacy is of the utmost importance to LifeLabs. In order to provide you with Direct Services services, we will need to collect and use certain of your personal information, including personal health information and the personal information of any individual that you include within your account. Please review the LifeLabs Privacy Statement  for a full description of how we receive, transmit, and protect personal information.

Certain Direct Services require you to create an account in order to use them. During the Direct Services registration process, you will be asked a series of mandatory questions that you will have to answer in order to set up your account and grant your unique access. Your user ID and password used to access any Direct Services are private, and should not be used by or shared with anyone else. You are responsible to maintain the security of your user ID and password. You are entirely responsible for all usage or activity on Direct Services using your ID and password, including but not limited to use of your password by any third party whether or not you have intentionally shared your user ID and password. LifeLabs is not responsible for any unauthorized use of your user ID or password. You agree not to access Direct Services by any means other than through the interface that is provided by LifeLabs for use in accessing Direct Services.

Direct Services that are laboratory or diagnostic tests require a signed requisition from an appropriate health care provider in order for LifeLabs to process your test and deliver your results. For questions about who can order a test, please contact LifeLabs Customer Service. Certain Direct Services may be ordered online. To learn the specific requirements and ordering process for a test, you should consult the detailed description for the test on the LifeLabs website.

1. When you order a Direct Service for which LifeLabs collects payment from you, LifeLabs uses third party payment collection services to collect payment from you. The third party may ask for your credit card information in order to process your payment for services ordered. Most payments are collected in advance of rendering the Direct Service, when you submit your order. If you cancel the Direct Service in advance of the service being rendered, and in advance of any set appointment time, you may request a refund. Refunds are processed back to the original form of payment. You will not be entitled to a refund for ‘no show’ appointments or test results that differ from your expectations or that do not meet your needs.
2. When your health care provider orders Direct Services for you (such as private-pay diagnostic tests) and charges you a fee, the payment terms are between you and your health care provider. You must address any issues that you have regarding such payment directly with the health care provider that collected your payment

Certain Direct Services have Terms that apply only to that particular Service. In addition to the Service-specific Terms below, additional Service-specific terms, conditions, and limitations may be disclosed to you when you order or receive a Direct Service, or in a report delivered to you as part of a Direct Service. All such Service-specific Terms apply to your use of the relevant Direct Service and are deemed to be included in these Terms. To the extent Service-specific Terms are in conflict with other Terms, the Service-specific Terms have priority. Service-specific Terms may be amended and updated from time to time to reflect changes and updates in the particular Service

1. MyCareCompass Report Sharing: MyCareCompass provides you with the technical capability to share reports with the people you trust who also have a MyCareCompass account. Sharing enables the person you share with to view the shared reports for up to 1 year, at which point their access will automatically terminate. You are responsible for granting and revoking access to your own reports and do so at your own risk. LifeLabs is not responsible for any breach of your personal information that occurs because you provided access to your reports to any other person.
2. MyCareCompass Marketing Preferences: Please note for accounts with multiple users, that is other individuals added to your account, only the main account holder is expected to perform account management activities, including changes made to marketing communication preferences. If the main account holder opts in to receive marketing communications during account registration, or have such settings set up on the account settings page, the email address used to register this MyCareCompass account will receive these communications. Marketing communications will be curated to be relevant to the account holder only, based on their demographic profile and/or test history. We recommend communicating with your family group to ensure alignment on marketing preferences. If you have any questions or concerns about this policy, please contact our support team for assistance.
3. FlyClear Terms: LifeLabs offers FlyClear COVID-19 PCR/NAAT Swab Test or a COVID-19 Antibody (Serology) Test (either such test being a “FlyClear Test”) for the purpose of authorized travel. When you order a FlyClear Test, the following additional Terms apply:
   1. You are responsible to:
      1. Understand and comply with the entry and exit requirements for your arrival and return travel destinations.
      2. Book an appointment for the sample collection of your tests within the appropriate testing time period required by your destination country. You are solely responsible for compliance with your destination country’s requirements and booking within the appropriate testing time. LifeLabs is not liable and will not issue refunds for appointments booked outside of the appropriate testing time period.
      3. Input your information exactly as it is laid out in your passport. If you make an error in completing the test order, you may cancel that order and create a new order. LifeLabs and any participating third party FlyClear location will not be able to correct the information for you. If the information is not entered correctly, you accept the risk of any airline or destination travel authorities rejecting the documentation.
      4. Obtain the FlyClear requisition for the tests you require and bring it, along with your passport and other identification, to your sample collection appointment.
      5. Be present at the correct time and location for your sample collection appointment(s). Your appointment may not be able to be rescheduled in the event you do not show up for it at the correct time.
      6. Follow all requirements in advance of the collection(s).
      7. Watch for your results to be delivered to you via your email, including by checking your ‘spam’ or ‘junk’ folder.
      8. Read all your result documentation and ensure you understand the implications for your travel.
      9. Print all result documentation and take it with you when you travel.
   2. Your FlyClear Test samples will be tested by LifeLabs. LifeLabs will normally report result(s) within 48 hours of your sample collection for passengers who have a sample collected in the greater Toronto and surrounding areas (GTA), Ottawa, and Vancouver (GVA) areas. In some instances, samples may be referred to a laboratory outside of Canada to ensure timely processing of samples and you agree that LifeLabs may do that with your sample. You understand and agree that LifeLabs is not responsible for any delay in testing or reporting a result, except that LifeLabs will refund your test payment if LifeLabs is unable to provide a result within 48 hours after collecting your sample, or if the test result is invalid or indeterminate.
   3. Your result(s) will also be reported to the health care provider named on your requisition. If you have a positive result, you will be contacted by the health care provider named on your requisition. If you have a positive COVID-19 PCR/NAAT swab result, it will be provided to your public health authority. If your result is positive for any of FlyClear Test, LifeLabs will provide you with an opportunity to talk with a LifeLabs health care professional to discuss your results.
   4. When you submit your order for a FlyClear Test, you accept the applicable Terms and agree to purchase and proceed with the test for the purpose of authorized travel. If you cancel your order before your sample is collected, you may request a refund. You will not receive a refund for ‘no show’ appointments (including attendance at an incorrect location), negative test results, or incorrect information entered by you when ordering the FlyClear Test.
   5. You consent to LifeLabs collecting and using your personal information and personal health information to complete the procedures associated with FlyClear Tests, including to verify your identity, accurately match your specimen with your results, follow-up for testing; enable payment, use specimen for quality assurance; and to book and confirm appointments in accordance with applicable laws. You understand that LifeLabs may be legally required under provincial privacy legislation or under applicable public health requirements related to COVID-19, to disclose certain information derived as a result of the test administered. You consent to share your test information as required for public health requirements and contact tracing, where applicable. If LifeLabs is asked to disclose personal health information about you for another reason, other than as required or permitted by law, we will contact you to obtain your consent.

LifeLabs reserves the right to change any element of these Terms, including any Service-specific Terms, at any time, and may make such changes at any time without prior notice, except if required by applicable law. Any such changes will be posted on LifeLabs website and/or on a Direct Services website or app and we will updated the “Last revised” date at the top of these Terms. In some cases, we may require you to provide your acknowledgement and acceptance of the amended Terms prior to allowing your continued access or use of Direct Services. If you do not agree to any change(s) to these Terms, you must stop using the Direct Services (or the particular service to which a service-specific change applies). Your use or continued use of a Direct Service indicates your acceptance of the Terms as amended.

LifeLabs, the LifeLabs logo, and other Direct Services marks are the trademarks and service marks of LifeLabs. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on any Direct Services website or app should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this website without the express written permission of LifeLabs or the third party that may own the trademark, service mark, or logo.

To the extent permitted by law, LifeLabs disclaims all representations, warranties, or conditions regarding Direct Services, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, timeliness, accuracy, title, and non-infringement. In providing Direct Services, LifeLabs does not represent or warrant that Direct Services or any laboratory test results or other content is or will be accurate, complete, reliable, or current, or that Direct Services will operate error free or uninterrupted or free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that LifeLabs is not responsible for any interruption or suspension of Direct Services or any change or loss of data thereon, regardless of the cause.

To the extent permitted by law, in no event will LifeLabs or the suppliers of laboratory test results or other content, or its or their respective affiliates, licensees, partner or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including without limitation any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings, breach or loss of data, for any cause of action whatsoever, and whether in contract, tort (including negligence) or any other legal or equitable theory arising out of or in any way connected with use of Direct Services. Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you. Every exemption from liability, limitation, and condition contained in these Terms for the benefit of LifeLabs and every defence and immunity of whatsoever nature applicable to LifeLabs or to which LifeLabs is entitled under these Terms will also be available and will extend to protect each of its suppliers of any laboratory test results or other content, every affiliate, licensee, partner, or supplier of LifeLabs of any of them, and every director, officer, employee, agent or representative of any of them, each of whom is an intended third party beneficiary of such provisions.

You agree to defend, indemnify, and hold harmless LifeLabs, the suppliers of any laboratory test results or other content, and its and their respective affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents, and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of Direct Services, including without limitation any breach by you of these Terms or any charges or complaints made by other parties against you. You agree to cooperate as fully as reasonably required in the defence of any claim. LifeLabs 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 claim and for the costs of defence.

LifeLabs makes no representations whatsoever about any other website that you may access through Direct Services. When you access a non-LifeLabs site, it is independent from LifeLabs and LifeLabs has no control over the content on that site. In addition, a hyperlink to a non-LifeLabs site does not mean that LifeLabs endorses or accepts any responsibility for the content or the use of the linked site. LifeLabs does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

Persons constructing other websites may link to the home page on a LifeLabs website, but may not link to any other page on that site. You may not copy any of the materials from any LifeLabs website onto your own web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.

The failure of LifeLabs to exercise and enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

This agreement is personal to you and may not be assigned to anyone without LifeLabs’ prior written consent, which may be withheld in its sole discretion. LifeLabs may assign this agreement to any other legal entity that assumes the provision of Direct Services without prior notice or consent. Upon the assignment of these terms and the assumption of LifeLabs’ obligations hereunder by an assignee, LifeLabs will be relieved of any and all further liability under these Terms.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Direct Services or these Terms must be commenced within one year after such claim or cause of action arose.

These Terms are governed by the laws of the Province of British Columbia for Direct Services users with a British Columbia health card number (or who book an appointment in a LifeLabs patient service centre in British Columbia), and the laws of the Province of Ontario for Direct Services users with an Ontario health card number (or who book an appointment in a LifeLabs patient service centre in Ontario), and in each case, the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree that all disputes arising out of or in connection with the Direct Services and these Terms will be referred to and finally resolved by arbitration under the relevant governing law with the place of arbitration being either a) Vancouver, British Columbia for matters pursuant to British Columbia law, or b) Toronto, Ontario for matters pursuant to Ontario law. The language of the arbitration will be English. Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms, as the same may be updated and amended by LifeLabs from time to time, constitute the entire agreement between you and LifeLabs respecting your use of Direct Services.

LifeLabs allows paid third-party advertisements (“Advertisements”) on our websites. Advertisements must meet our strict guidelines and we will refuse any Advertisements that are conflict with our mission and values. Advertisements may be placed on our website adjacent to related content. Third-party advertisers (“Advertisers”) on our website are not permitted to make unsubstantiated health claims. Advertisers may use non-personal data to target website visitors. Advertisers are not permitted to collect any personally identifiable information from visitors to our website to target advertising. LifeLabs makes no representation or warranties about the suitability of Advertisements for any purpose. We do not endorse or recommend the products, services, or information of any entity that appears in Advertisements on our website.