Website Terms and Conditions of Use
Website Terms and Conditions of Use
Acceptance of the Website Terms and Conditions of Use
These website terms and conditions of use (the “Terms and Conditions”) apply to your use of the websites operated by Switch Health Solutions Inc. (“Switch,” “we,” “us,” “our”), namely: www.switchhealth.ca, www.switchhealth.clinic, and www.portal.switchealth.ca (collectively, the “Website”), and govern your access to and use of (i) the Website, including any content, functionality, offered on or through the Website; and (ii) our Services (as defined below).
BY USING THE WEBSITE OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY STATEMENT, FOUND AT https://switchhealth.clinic/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY STATEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Age of Majority
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Switch and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole 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. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The Website and the information and material contained on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website
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 access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated by you as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing the Website from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (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; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's 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 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.
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, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Switch, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Switch name, the Switch logo, all Switch trademarks and all related names, logos, product and service names, designs, images, and slogans are trademarks of Switch or its affiliates or licensors. You must not use such marks without the prior written permission of Switch. 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 materials 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 our Website, in any form or medium whatsoever except:
your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
one single User copy of Website materials may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.
Users are notpermitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Switch. 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 or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a User submits, posts, publishes, displays, or transmits to the website. Your submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that, in your use of the Website you shall not:
submit any material to the Website that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Switch's sole discretion;
provide, contribute, upload any false, inaccurate, or misleading information to the Website;
impersonate or attempt to impersonate Switch, a Switch employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
transmit, or procure the sending of, any advertisements or promotions sales, or encourage any other commercial activities through the Website, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Switch or users of the Website or expose them to liability;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
promote any illegal activity, or advocate, promote, or assist any unlawful act; or
give the impression that the materials that you submit originate from or are endorsed by us or any other person or entity.
Grant of Licence
By submitting any content, information or other materials, you represent and warrant that you own or have the necessary rights to submit such content, information or other materials and have the right to grant the foregoing licence thereof to us and our affiliates, service providers, and our and their respective successors and assigns. You represent and warrant that all content, information or other materials comply with applicable laws and regulations and these Terms and Conditions.
Site Monitoring and Enforcement, Suspension, and Termination
Switch has the right, without provision of notice to:
remove or refuse to accept any content, information or other materials you submit for any or no reason in our sole discretion;
at all times, take such actions with respect to any content, information or other materials you submit deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions or applicable laws;
take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS SWITCH AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SWITCH AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER SWITCH OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you submit to us.
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.The content posted on this Website is not intended to be a comprehensive or definitive statement concerning the matters therein addressed, or medical, pharmaceutical, therapeutic, or other professional or expert advice, and should not be relied upon as such.In no way should such content be construed as a recommendation of, or as an offer to purchase or sell, or the solicitation of an offer to purchase or sell, any drug, therapy, device, supplies or other products or services.You are advised to seek independent professional advice before acting on any content provided on this website or on any linked sites.Use of such content is at your own risk.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Switch nor its subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns has any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Switch, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Switch. Neither Switch nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Reliance on COVID-19 Tests
Switch Health’s laboratory partners are accredited and licensed laboratories. All results constitute a definitive diagnosis. You acknowledge that in a small number of cases with COVID-19 tests there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the results of the test, or a person with a positive reactive or detected test could be free from a condition even though the results of the test indicated they do have such condition. All positive, reactive or detected results are diagnostic and are verified by a physician. All positives are referred by Switch Health physicians to Public Health. If you have received an inconclusive result, please reach out to Customer Service for a retest.
Self-collection kits are intended to be used under the supervision of a Switch Health nurse, who is a registered and trained professional.Supervision will be done via a telehealth appointment.If you do not book yourself a telehealth appointment through the Switch Health portal, your result may not be definitive. The Switch Health nurse will register and verify your personal information, along with your serial number. If this step is skipped, your results may not be definitive.
If the instructions of the Switch Health Nurse are not followed exactly during your telehealth appointment for at home self-collection, the results of your test cannot be guaranteed and may result in a false-positive or false-negative result.
If the steps to package and ship the specimen are not followed exactly as instructed by the Switch Health nurse, the results of your test cannot be guaranteed and may result in a false-positive or false-negative result.
If you require medical advice or counseling in addition to the services that are provided by Switch, you should seek the advice of your physician or other registered healthcare professional. In some events, an employee or contractor of Switch may contact you regarding a test result, product or service that you have purchased. In the event of a positive result, Public Health will follow up to provide medical advice and/or request additional testing.
You acknowledge and agree: to take note of the Incubation Periods, information in relation to which is included on the Site. “Incubation Period” means the period of time, from an exposure to an infection to the time an infection becomes detectable within a person's body. Different infections have different Incubation Periods and can take several months or more to become detectable. For example, the HIV virus can up to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable.
NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE 2019 NOVEL CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE 2019 NOVEL CORONAVIRUS, YOU SHOULD FOLLOW PUBLIC HEALTH ORDERS, NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD. IF YOU ARE EXPERIENCING SYMPTOMS OF THE 2019 NOVEL CORONAVIRUS, PLEASE SEEK TESTING AT A PUBLIC HEALTH ASSESSMENT CENTER.
YOU ACKNOWLEDGE THAT FOR COVID-19 TESTS, AS WITH ALL TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. YOU FURTHER ACKNOWLEDGE THAT THE COVID-19 TEST ADMINISTERED BY SWITCH MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS.
THE RESULTS OF A COVID-19 TEST ADMINISTERED BY SWITCH ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGECY, CALL A PHYSICIAN, QUALIFIED HEALTHCARE PROVIDER OR 911 IMMEDIATELY, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IN YOUR AREA. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON OUR WEBSITE.
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any Terms and Conditions of such third-party sites.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice.
Terms and Conditions of Sale
In addition to the Terms and Conditions All orders, purchases or transactions for the sale of information, goods or services, including a COVID-19 test (collectively, the “Services”) through this Website are subject to the following terms of sale, which form part of the Terms and Conditions.By placing an order for Services, you agree to the following:
Your use of this Website includes the ability to make purchases of Services electronically. You agree to contract with Switch electronically and to receive electronic communications concerning your order at the email address that you provide to us.
You agree to pay in full all amounts (including, without limitation, all applicable taxes) payable for any orders placed by you.Payment is required at the time an order for Services is placed.Payment may be made through the use of any of the payment cards listed on the Website. Prices listed on the Website are in Canadian dollars, and do not include applicable taxes. Taxes will be added at checkout and will be payable by you along with the order price. Prices, and any other applicable fees are subject to change at any time. Switch is under no obligation to process your order at the incorrect price.
To place an order through this Website you must be at least the age of majority in the province in which you reside. Orders placed through this Website are for fulfillment at Ontario locations only. Not all Services will be available in all locations and Service quantities may be limited. We may, in our sole and absolute discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same payment card, and/or orders that use the same billing and/or delivery address. In the event that your order cannot be completed or fulfilled, you will be notified accordingly and the amount for that order charged to you will be reduced accordingly. Online ordering may be subject to additional terms, which will be presented to you before the order is finalized.
To place an order, select your desired Services and quantities from the menu and then add them to your cart. You may edit your cart at any time prior to placing your order. After you have made your selection, you will be asked to select a payment method. Once you have made your selections and provided your payment method information, you may place your order.It is your responsibility to ensure that all of your order details, including billing address and all other required order information is current, complete and accurate. Upon receipt of payment, Switch will confirm the order electronically with you at the email address that you provide in the order form.
When placing your order, you will choose a preferred appointment time. However, appointment times are estimates only and Switch does not guarantee that these times will be available or that, if Switch is able to schedule a specific time for you, that it will be achieved. Switch is not responsible for any delays in providing the Services for any reason. If you are not available at the appointment location on or before your appointment time Switch is not under any obligation to: perform the Services at the appointment time, reschedule your appointment or refund your purchase price for the Services ordered.Switch staff members are under no obligation to perform any Services for any individuals at the scheduled appointment time other than those for whom the appointment has been booked and paid.
Payment for online orders must be made with an accepted credit or debit card. Once you have placed an order using your payment card and the order has been approved your bank or card issuer will issue an authorization on your payment card and your payment card will be charged for the full amount of your order, including any additional charges such as taxes.
Orders may be cancelled by you up to 24 hours prior to appointment time.No refunds will be issued for orders cancelled less than 24 hours prior to appointment time.Switch reserves the right to cancel or reschedule the Services at any time and for any reason.In the event that Switch reschedules the Services, Switch will contact you at the email address that you provide and will use reasonable commercial efforts to provide an alternate date and time for the Services that is acceptable to you. In the event that you and Switch cannot agree on an alternative date and time for the Services, Switch will cancel your order and refund the amounts that you have paid for the Services to the payment card that you used to pay for the Services.Cancellations will be processed by refunding the amounts that you have paid for the Services to the payment card that you used to pay for the Services.Refunds are typically processed within 5-10 days of cancellation, but may not appear as a credit on your payment card until the next payment cycle following the date of cancellation. You acknowledge and agree that Switch will not be responsible or liable to you in relation to any delay or error by your bank or card issuer in crediting your payment card account. You agree that Switch will have no liability to you for orders that are cancelled by Switch. If you encounter any difficulties with your order, please contact us at email@example.com
This Website uses the third-party payment processors and you consent to the collection, use and disclosure by us of your financial information, payment card information, banking details and transaction information to such payment processing services as necessary to process payment for your orders. The permitted payment method may be changed or discontinued at any time. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
We do not warrant that offer Terms and Conditions, Service specifications, pricing, or other content on the Website is complete, accurate, reliable, current, or error-free. We reserve the right to change, add to or withdraw Services and promotions at any time upon notice on the Website. In the event of any errors relating to the pricing or specifications of our Services or promotions, Switch may refuse or cancel any orders in its sole discretion. If we charged your payment card prior to order cancellation, we will request that your bank or card issuer issue a credit to your account as described above.
Upon completing your online order, you will receive an order confirmation on your screen and an email confirmation, delivered to the email you provide us. Each order confirmation will include an order number along with other information regarding your purchase, such as Services ordered and amount paid.
Without limiting the generality of any other section of these Terms and Conditions, Switch reserves the right to limit or refuse any order you place through the Website. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud and/or any other violation of these Terms and Conditions. All orders are subject to verification by Switch at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Switch): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of these Terms and Conditions.
For at home collection, Switch is not responsible or liable for any results that are provided if a Switch Health nurse is not properly engaged via telehealth, the advice and instructions of the Switch Health nurse are not followed exactly, errors are made in following the advice and instructions of the Switch Health nurse or the instructions to package and ship the sample are not followed exactly.
When your results are ready you will receive a text on the phone number provided during patient registration on portal.switchhealth.ca. The text will prompt you to visit https://portal.switchhealth.ca/ and log on to your patient profile to receive your results.
Switch is not liable for any delay in the performance of the Services occurring without the fault or negligence of Switch, which delay could not have reasonably foreseen, caused by events beyond the control of Switch such as, but not limited to, acts of God or the public enemy; civil war; insurrections or riots; fires; floods; explosions; earthquakes or serious accidents; unusually severe weather; epidemics or quarantine restrictions; strikes or labour troubles causing cessation, slowdown or interruption of work; excessive traffic delays and other similar events, or a delay in performance of a subcontract by a subcontractor due to any of the events referred to above which is beyond its control and without its fault or negligence.
The owner of the Website is based in the Province of Ontario, Canada. We provide this Website for use only by persons located in the Province of Ontario, 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, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE 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.
NEITHER SWITCH NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER SWITCH NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL SWITCH NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON OR ANY SERVICES THAT YOU ORDER THROUGH THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SWITCH, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, OR SERVICE PROVIDERS, INCLUDING ANY PHYSICIANS OR OTHER HEALTHCARE PROVIDERS INVOLVED IN PROVIDING THE SERVICES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (AND INCLUDING ANY LOSS OR DAMAGES IN THE NATURE OF RELATING TO MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR USE, MISUSE OR RELIANCE UPON THE WEBSITE, THE SERVICS, COVID-19 TEST RESULTS, OR YOUR INABILITY TO USE THE WEBSITE OR SERVICES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Switch, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, any content, information or other materials that you supply to the Website, any third-party sites, any use by you of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
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, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
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.
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.
Copyright Notice And Notice
If you believe that any content, information or materials that reside or are accessible on or through the Website infringes a copyright, please send a notice of copyright infringement at the email address indicated below, containing the following information to Switch:
the claimant’s name and address and any other particulars that enable communication with the claimant;
identification of the work or other subject-matter to which the claimed infringement relates;
a statement of the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
the location data for the electronic location to which the claimed infringement relates;
specification of the infringement that is claimed; and
specification of the date and time of the commission of the claimed infringement.
The notice may not contain any of the following:
an offer to settle the claimed infringement, including by way of hyperlink, to such an offer; or
a request or demand, made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information.
If the notice is non-compliant with the foregoing requirements, Switch is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
If a proper bona fide infringement notice is received by Switch, it is Switch’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Website, Content or User-Generated Content thereon.
Reporting and Contact
This website is operated by Switch Health Solutions Inc. 4230 Sherwoodtowne Blvd, Mississauga, ON L4Z 2G6.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Switch at firstname.lastname@example.org.
Notice of claims of copyright infringement can be provided to Switch via email at email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org.