Termes et conditions

 LAST UPDATED: [December 6, 2021]

1. OVERVIEW

Please take a few moments to familiarize yourself with these terms and conditions.

By agreeing to these Terms of Use, you are entering into a legally binding contract regarding:

These Terms of Use are a contract between Swift Clinics Inc. (“Swift Clinics”, “we”, “our” or “us”) and the people or companies (“Users” or “you”) that

• use the Swift Clinics’ website (including the website hosted at www.swiftclinics.ca and any other web domain used by Swift Clinics to communicate with users now or in the future) (the “Website”);
• use any mobile, computer, or tablet-based application offered by Swift Clinics (the “Applications”); and
• use our health-related services (collectively, with the Website and the Applications, referred to as the “Services”).

By accessing any part of the Website, or any Application, or by purchasing our Services, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use.

If you do not agree to or understand all of these Terms of Use, then you may not access the Website, or any Application, or purchase our Services.

If you are a parent or a legal guardian of a minor or another individual, and are procuring Services for your legal dependent, you agree to these Terms of Use for your dependents. You agree and understand that these Terms of Use apply for online, phone and in-person Services.

Swift Clinics reserves the right to amend these terms without notice to a User.

These Terms of Use should be read in conjunction with any other rules, guidelines, or policies posted on the Website.

2. TESTING SERVICES

The Website facilitates the booking of Asymptomatic COVID-19 testing including RT-PCR, Antigen and Antibody Testing services. The Website offers general information and interactive booking for these services.

We provide COVID-19 testing for screening purposes only.  We do not provide primary care or health care services, such as diagnosis or treatment of any medical conditions or illnesses. You are not creating a physician-patient relationship with Swift Clinics by using our Website or undergoing COVID-19 testing. 

Swift Clinics is not providing you with professional medical advice, diagnosis, or treatment. You are responsible for consulting with a medical provider to obtain medical advice, diagnosis, treatment, and/or if you have any questions or concerns.  The contents of the Website do not constitute medical advice and do not replace or substitute for the advice of a qualified healthcare provider.

If you choose to use our Services, you agree to the following.

• We do not provide COVID-19 testing to individuals who are eligible for COVID-19 testing in accordance with the Ontario Ministry of Health’s provincial COVID-19 testing guidelines. This includes individuals who are symptomatic, who have been exposed to a confirmed or likely case of the virus as notified by local public health or the COVID Alert app, or live or work in a setting that has a COVID-19 outbreak as identified by a local public health unit. Individuals who require tests for the above purposes should follow the guidance of their health care provider and/or Ontario public health officials as appropriate and follow Ontario public health guidance and/or visit an Ontario COVID-19 Assessment Center, as applicable. If a payment has been made prior to providing Services in the foregoing circumstances, a full refund will be provided.
• You authorize Swift Clinics to collect, use, store and disclose your personal information, including but not limited to your name, date of birth, gender, address, nationality, passport number and date and time that testing services were provided, for the purpose of providing COVID-19 testing services, and for inclusion on your test report.
• You authorize Swift Clinics to disclose your test results and your personal information, including health card information, to Ontario Public Health, the local public health unit or another governmental authority as required by law.
• You assume full responsibility for taking appropriate actions with respect to your test results. If you obtain a positive test result, you will comply with all directions from local public health authorities, including self-isolating at home. You understand that a positive test result from COVID-19 testing for screening purposes is not a diagnosis, and that you will need to obtain confirmatory diagnostic testing at a COVID-19 assessment centre.
• Swift Clinics will communicate your test results to you via the email address you provided to Swift Clinics, unless you specifically direct in writing that Swift Clinics communicate your test results in another manner before specimen collection occurs.
• Swift Clinics will make every effort to provide test results within a certain timeframe, but that delays in providing test results may occur. To the fullest extent permitted by law, you hereby release, discharge and hold harmless, Swift Clinics, including, without limitation, any its respective officers, directors, employees, representatives and agents from any and all claims, liability, and damages, of whatever kind or nature, arising out of or in connection with any act or omission relating to my COVID-19 test or the disclosure of my COVID-19 test results.
• If you are obtaining a COVID-19 test for travel purposes, it is your responsibility to confirm travel requirements for my destination with the relevant local authorities. This includes but is not limited to the type of COVID-19 test, type of sample collected (e.g. nasal, nasopharyngeal, saliva or gargle), timing of testing, test or screen results reports, and/or licensing, approvals, accreditation or certification required. Swift Clinics is not responsible for providing you advice on travel or testing requirements, and you will not hold Swift Clinics liable for any compensation or damages resulting directly or indirectly from travel delay, interruption, or cancellation for any reason.
• Should your test indicate a positive result, it is your responsibility to consult with public health and/or your primary care provider for diagnosis, treatment, and/or other follow ups.
• In the course of screening for COVID-19, an incidental finding may be received for another viral infection. In case of such a positive finding, this would not constitute an official diagnosis and Swift Clinics accepts no responsibility for diagnosis or treatment of such an illness. In case of a positive screening, you will be requested to forward the information of your primary healthcare provider for this information and the appropriate findings to be communicated to your primary healthcare provider for diagnosis, treatment and/or other action.

You understand and agree that you have been advised of the nature of the COVID-19 screening testing, expected benefits, risks, side effects, alternative courses of action and you have had the opportunity to ask questions about the COVID-19 screening testing to your satisfaction.

You understand and agree that screen and/or testing methods used are not fully accurate, in respect of sensitivity, specificity, equipment and operator errors. You agree not to hold Swift Clinics or any of our agents or partners liable for any invalid or inaccurate results reported.

3. BOOKING & PAYMENT PROCEDURES

We use the following third party online booking system for appointment booking: We communicate test results and related information about our Services via the email address provided by you. We may also communicate a positive test result for COVID-19 by telephone.

Payments for Services available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.

For purposes of processing payments, we use the following service provider: SQUARE 

Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): www.squareup.com

We make no representations or warranties about the information in such websites, have no responsibility for their content.  Use of technology may increase the risk of your information being unintentionally disclosed or intercepted by third parties. Technical failures and technological issues may result in a loss of data and/or delay or interruption.

4. REFUND POLICIES

You will not receive any refunds for an invalid test or an instance where an equipment, operator or sampling error of any kind prevented you from receiving an accurate result within the expected time. In these cases, a repeat service may be offered at no additional cost to you, at our sole discretion.

Refunds may only be offered for instances where a report was not provided by Swift Clinics within the expected time as posted on this Website at the time the service was purchased. This does not include instances where an incorrect email address was provided, your email address was not easily legible, an email was filtered by a spam or junk filter, you could not be contacted, or any technology issues prevented transmission of the reports to you in the expected time.  All refunds, including refunds for delays, are only offered at the discretion of the management.

5. YOUR ACCOUNT

In order to fully use the Website, you may be required to create an account.  If you create an account, you agree to keep the contact information up-to-date and to protect the confidentiality of your password and any other information that is linked to your account, including by restricting access to your password, your computer/phone, and your account. You accept responsibility for all activities using your account, including all purchases made through it.

6. TERMINATION

You may cancel and terminate your account at any time in accordance with the terms and policies posted on the Website.

If you have not accessed your account for a year, we may terminate your account, without notice to you.

If at the date of termination of your account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right, in our sole discretion, to prevent, intercept, delete, remove, prohibit or otherwise restrict your access to, use of, posting of content on the Website, or terminate your access to all or part of this Website, with or without cause, with or without notice, for any violations or breach of these Terms of Use, or unauthorized use of the Website, its content and your account.

7. LIMITATION OF LIABILITY

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free. Any information on the Website is for general purpose only, and should not be a relied as medical, legal or travel advice. You hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.

In no event will we, our affiliates or our third party service providers be liable to you or any third party for any damages whatsoever including, but not limited to, any indirect, special, incidental, consequential, exemplary, or punitive damages including negligence, personal injury, lost income or profits, or lost data, related to, in connection with, or otherwise arising out of (i) the use and reliance on our Services, inability to use, or the results of use of our Services, (ii) any websites linked to the Website, any external resources referred to or linked to on the website, or (iii) the content of the Website, (iv) any action or inaction by us under these Terms of Use, (v) any compromise of the confidentiality of your account or password, or (vi) any unauthorized access to your account or use of your password however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

8. INDEMNIFICATION

You agree to indemnify and hold harmless Swift Clinics, including our officers, directors, shareholders, employees and agents, from and against any and all claims, actions, demands, losses, liabilities and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website or any Application, or your purchase or use of our Services, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website, infringement of our intellectual property.

9. SECURITY BREACHES

In order to protect your security, it is your responsibility to ensure that you keep secure and confidential all usernames and passwords used to access your account or the Website.  You must not share those usernames or passwords with others.

You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security which you suspect may have occurred in relation to the Website.

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising. We reserve the right to take any and all action that we deem necessary or reasonable to ensure the security of the Website and your account.

10. DISCLAIMER

The Website, including any content on it, is provided on an “as-is” and “as available” basis. To the maximum extent permitted by law, we hereby disclaim all representations, warranties and conditions of any kind, whether express, implied, or statutory or collateral, including, but not limited to, any warranty or condition as to merchantability, fitness for a particular purpose, or non-infringement as they relate to our Services.

In addition, we do not make any representation, warranty, or guarantee (i) relating to the accuracy, or completeness, reliability, timeliness, quality, suitability, safety or availability of our Services, (ii) that our Services will meet your requirements, (iii) that the Website or any Application will be uninterrupted, secure or error-free, (iv) that messages or requests will be delivered or defects will be corrected, or (v) that the Website or any Application is free of viruses or other harmful components. Information that is periodically updated may not be current at the moment you visit the Website or any Application and may contain errors.

11. USER REQUIREMENTS

You represent and warrant that:

1. You have the authority to bind yourself to these Terms of Use;
2. Your use of the Website and any Application will be solely for purposes that are permitted by these Terms of Use;

iii. Your use of the Website and any Application will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party;

1. Your use of the Website and any Application will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use the Website and any Application for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website or Application, as applicable. You may use the Website or an Application on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

12. AGE RESTRICTIONS

Users must be over the age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website or any Application to those under 18.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between Swift Clinics and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or Swift Clinics. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

14. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Swift Clinics or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Swift Clinics otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

15. GENERAL TERMS
16. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time without notice to you. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We may communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

1. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

1. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

1. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or agents. Swift Clinics has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

1. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

1. FORCE MAJEURE

If we are unable to perform our obligations under this Agreement (including to provide any test results) due to the occurrence of one or more events beyond our reasonable control, the time for our performance of those obligations will be extended for the duration of those events.

1. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the Website that are incorporated by reference, constitute the entire agreement between you and Swift Clinics and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

16. QUESTIONS ON THESE TERMS OF USE

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address:

info@swiftclinics.ca

18. CONFIRMATION OF AGREEMENT TO TERMS OF USE

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.