TERMS OF SERVICE

Acceptance of the Terms and Conditions of Use

These terms and conditions of use (these “Terms and Conditions”) constitute a legal agreement and are entered into by and between you and ? Ontario Limited o/a Now Testing (“Company,” “we,” “us,” “our”). The following terms and conditions, together with our Privacy Policy govern your access to and use of the Website (the “Website”).

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are 18 years of age or older. If you are between the ages of 13 and 18 you must fully review these Terms and Conditions with your parent or legal guardian prior to using the Website. Children under the age of 13 may not use the Website.

Modifications to the Terms and Conditions and to the Website 

We reserve the right in our sole and absolute discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized collection, use, and disclosure. You can learn more about our security practices by reviewing our Privacy Policy.

The safety and security of your information also depends on you. Users are responsible for maintaining strong mobile device security protection and for taking other reasonable precautions necessary to prevent others from gaining access to their Website accounts.

Any username, password, authentication link or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.

Prohibited Use

You are prohibited from attempting to circumvent, and from violating, the security of the Website, including, without limitation by: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized, including by attempting to reverse engineer code or reviewing or modifying application binaries; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or any related site or service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

You are prohibited from using the Website for any illegal or unauthorized purpose, and you must not use the Website to abuse, harass, threaten, impersonate, or intimidate any other Website user.

Intellectual Property Rights and Ownership 

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, and displays, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws and rights including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.

The Company name, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever.

Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property laws.

Accuracy of Information 

You expressly acknowledge and agree that the reliability and effectiveness of the Website relies, in part, on your truthful and honest completion of the self-attestation screening forms contained in the Website and presented to you from time to time, as well as the provision of any personal information. You hereby agree to always complete the Website self-attestation screening forms truthfully and honestly.

You further understand and agree that you are solely and entirely responsible for the accuracy of your responses to the self-attestation screening forms, as well as provision of any other personal information, and that you are solely and entirely legally liable, including to any third party, for such responses and their accuracy. We are not responsible or legally liable to you or any third party for the accuracy of any of your responses or the provision of any personal information.

Personal Information: Grant of License

The Website requires you to provide personal information, such as your name, birth date and email address.  By using the Website, you agree to our collection, use and disclosure of such personal information in accordance with these Terms and Conditions and our Privacy Policy. You hereby grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, collect and disclose such personal information strictly in accordance with these Terms and Conditions and the Privacy Policy. We will not use your personal information for any other purpose without your consent.

Connected Users & Organizations

When you sign up to use the Website, you may be connected with one or more organizations. For instance, you may be asked to download and use the Website by your employer, in which case you will be connected to your employer on the Website.

Use of Website for Testing Services 

The use of the Website enables users to register for testing screening services (“Testing Services”) delivered through Now Testing, the collection, use and disclosure of personal health information by that Now Testing and the communication of test results through the Website.

At the direction of your connected organization, and with your consent, Now Testing may order testing as part of your connected organization’s screening and surveillance program, and communicate testing results through the Website.

Geographic Restrictions

The owner of the Website is based in Ontario, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ITS ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT, PROFESSIONAL NEGLIGENCE, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR THE PROVISION OF TESTING SERVICES PROVIDED BY NOW TESTING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND ANY RELATED SERVICE.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions; your use of the Website other than as expressly authorized in these Terms and Conditions or the provision of any Testing Services or breach of privacy or security involving your personal information.

Governing Law and Arbitration

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.

All disputes and questions whatsoever arising from or in connection with your use of the Website and/or these Terms and Conditions or the Privacy Policy shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, Ontario upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto, Ontario. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding subject to a right of appeal to a court of competent jurisdiction on matters of law only.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Now Testing regarding the Website and any related service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This Website is operated by Ontario Limited o/a Now Testing, Toronto, Ontario, Canada.

Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@nowtesting.ca