Terms & Conditions
The Terms of Use on this page are important information that govern your access to this website, our services, and constitute a legal agreement.
Please take a few moments to familiarize yourself with these terms and conditions.
TERMS OF USE
LAST UPDATED: [December 6, 2021]
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 Travel Clinics Inc. (“Swift Travel Clinics”, “we”, “our” or “us”) and the people or companies (“Users” or “you”) that
- use the Swift Travel Clinics’ website (including the website hosted at www.swiftclinics.ca and any other web domain used by Swift Travel Clinics to communicate with users now or in the future) (the “Website”);
- use any mobile, computer, or tablet-based application offered by Swift Travel 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 Travel 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.
REFUND POLICIES
Refunds may only be offered for instances where a report was not provided by Swift Travel 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.
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.
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.
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.
INDEMNIFICATION
You agree to indemnify and hold harmless Swift Travel 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.
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.
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.
USER REQUIREMENTS
You represent and warrant that:
- You have the authority to bind yourself to these Terms of Use;
- 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;
- 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.
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.
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 Travel 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 Travel 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.
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 Travel 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 Travel 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.
GENERAL TERMS
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.
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.
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.
NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or agents. Swift Travel Clinics has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
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.
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 Travel Clinics and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
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
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.