Terms and Conditions

Terms and conditions governing the use of any product or service

Effective Date: January 1, 2024

Please read these terms and conditions carefully. They contain important information about your rights and obligations and constitute a binding legal agreement between you and Viaguard Inc. and its affiliated, associated and consultant entities (“Company,” “we,” “us” or.“our”) regarding your use of their products or services.

Binding Arbitration.

These conditions contain provisions that govern how claims you and company may have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against company to binding, confidential and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

Cautions

Service includes the use of a product. A number of factors can impact the accuracy of the Service and product results.

We do not warrant that the service or product will be error-free, accurate, reliable or that the service will achieve or produce any particular result (whether expressly specified by you or not) or that the results of the service will be accepted by a particular entity.

Medical Advice Disclaimer
Service includes the use of a product

The service and the site do not provide medical advice or assurances regarding health or safety. If you think you may have a medical emergency, call your doctor, 911 or local emergency service immediately. You use the service and the site at your own risk. We do not offer medical advice, diagnoses or other recommendation for treatment, or engage for the practice in medicine. The content and other materials created by the company or otherwise contained in the site are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis, treatment or public health information. The determination of the need for medical services and the types of healthcare to be provided are decisions that should be made only by a physician or other licensed health care provider. Always seek the advice of a physician or other qualified health care provider with any questions you have regarding any actual or potential medical condition or symptoms you are experiencing.

Certain Definitions.

Capitalized terms not defined where they first appear have the following meanings:

(a) “Conditions” means these terms and conditions.

(b) “Contract” means any order submitted for the supply of the Services by the Company to you.

(d) “Request Form” means the pro forma service order form relating to the Service as provided by the Company via our website

(e) “Service” means the various products and testing services provided by the Company, including, but not limited to: conditions affecting health and well being, paternity, DNA relationship and fertility testing

(f) “Site” means websites and online applications operated by the Company

(g) “You” means the person ordering the Service and/or using the Site

4. Conditions of Sale

(a) These Conditions shall apply to all contents and information available within the Site and all Contracts to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.

(b) If you order the Service from the Site or through a representative, you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.

(c) All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Effective Date of these Conditions is set forth at the top of this webpage. The Company may from time to time alter these Conditions at its discretion. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. The changed Conditions supersede all previous versions.

(d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.

(e) Features and specifications of the Service we provide described or depicted on the Site are subject to change at any time without notice.

(f) These Conditions do not affect your statutory rights as a consumer.

5. License

The Company grants you a limited license to access and make personal use of the Site subject to these Conditions. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of the Company.

6. Prices, Payment and Delivery

(a) The charges payable by you to the Company for the Service the Site or as quoted by the Company to you. The Site or other Company publications concerning the Service may include inaccuracies or typographical errors. The Company is not responsible for any pricing, typographical, or other errors on the Site or in such publications.

(b). The Company shall notify you of any changes to the price and you will have a right to proceed with or cancel the order within seven days of the notification.

(c) The Company must receive payment for the Service before acceptance of your order, which includes testing and issuing results. If you have opted in for online access.

(d) You are liable for all transaction taxes for purchases, including any applicable sales, use or value added taxes.

(e) You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.

(f) Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you choose, or designate in your account. We may charge another stored payment method if your default payment card is declined or no longer available to us.

(g) Charges paid by you for completed and delivered orders are final. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion and in accordance with these Conditions.

In the unlikely event that the result of analysis for the Service you purchased is found to be in error, the Company may perform a further analysis for you free of charge or return your payment for the Service at our sole discretion.

7. Your Responsibilities

You may not use the Services and may not accept these Conditions if you are not of legal age to form a binding contract with the Company, and/or you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

(d) You represent and warrant that you are not a person suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are therefore not incapable of understanding the nature and purpose of the Service you purchase.

(e) You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and the Service you purchase.

(f) You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.

(g) You acknowledge that some of the information you receive from the Service you purchase may be unwanted or unexpected, and may provoke strong emotion.

(h) You acknowledge and agree that you shall acquire no rights of any kind in any of the research or commercial products that may be developed by the Company or our collaborators due to your submittal of your samples. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your samples.

(i) You represent and warrant that you will not use the information obtained from the Service in whole, in part and/or in combination with any other database, for any discriminatory purpose or illegal activity.

8. Account Creation, Customer Account, Passwords and Security

(a) To view and download test results from the Service, you must create an account on the Site.).

(b) You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account.

(c) After you have purchased a Service, you may receive your test results by email. You are responsible for maintaining the confidentiality of your test results.

9. Privacy and Disclosure

Our use of any personally identifiable information you submit in connection with the Site or Service is subject to our privacy policy which we encourage you to read prior to using the Site or Service.

10. Restrictions

(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(d) Introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(b) You agree not to:

Use the Site in any way that violates any applicable federal, state, local or international law or regulation;

Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.

11. User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, all materials, information or other communications you transmit, upload or post to the Site including any ideas, comments, suggestions, feedback, data or the like (“User Generated Content”) will be considered non-confidential and non-proprietary.

12. Links to other web sites

The Site may contain links to third-party websites. Company does not control and is not responsible for the availability, content or accuracy of any pages or other sites linked to this website. The inclusion of any link to such websites does not imply endorsement by the Company of such websites. If you click on any links to third-party websites, you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with any third-party website.

13. General Disclaimer; Limitation of Liability

We don’t warrant that access to or use of the site will be uninterrupted, error-free or that defects in the site will be corrected, or that the service be error-free, accurate, reliable or will achieve or produce any particular result (whether expressly specified by you or not). The site and the service are provided by the Company on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, company makes no representation or warranties of any kind, express or implied, as to the operation of the site, the information, content or materials included on the site or the service.

(b) The Company makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.

(c) Except to the extent prohibited by applicable law, in no event will the Company nor any of its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exemplary or consequential damages or losses of whatsoever kind arising out of or in connection with the service (including the results produced by the service), access to or use the site, site-related services or any information, content or materials included on the site, whether or not company has been advised of the possibility of such damages and whether based upon warranty, contract, tort (including negligence), strict liability, violation of statute, or otherwise.

(d)Your sole remedy for dissatisfaction with the site, content, information contained within the site, any linked site, or the service is to stop using the site and /or the service. To the extent any aspects of the foregoing limitations of liability are not enforceable, our maximum liability to you with respect to your use of this site and any service is one hundred and fifty dollars ($150.00) or the amount paid for the service, whichever is less. The foregoing limitations apply even if the remedies under these terms of used for their essential purpose.

(e) Any claims arising in connection with your use of the site or the service must be brought within one (1) year of the date of the event giving rise to such action occurred.

(f) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

14. Indemnification

You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of or relating to:

(a) Your access to or use of the Site;

(b) Your violation of these Conditions;

(c) The infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity;

(d) Your use of the Service;

(e) The samples you provide to the Company; or

(f) Your User Generated Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Agreement to Arbitrate

In consideration of and as a condition of your use of the Site and Services, you and the Company (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration in Ontario as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims:

Arising out of or relating to these Conditions;
Relating to the relationship between the parties;
Arising under any state, provincial, federal, or international law(s) of similar import; and
All other claims or disputes under federal, provincial, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Conditions but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against the Company but also against any and all of its subsidiaries and parents collectively, and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator

16. General

(a) These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and sub-contract the performance of the Contract in whole or in part.

(b) The Company reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.

(c) These Conditions together with our Privacy Policy and any order form and payment method instructions constitute the whole agreement between you and the Company, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of these Conditions). You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by the Company or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Conditions, our Privacy Policy and order form and payment method instructions.

(d) All notices shall be given to the Company via email

(e) The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the Company’s control.

(f) If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these Conditions will not be affected and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

(g) No waiver by the Company of any term or condition set forth in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.

17. General

(d) All notices shall be given to the Company via email at info@labtestgroup.com