Patient Portal

Terms of Service

LAST UPDATED: April 15th, 2020


1 Introduction

1.1 Alpha Labs Patient Portal is a service of Alpha Laboratories Inc. (“Alpha Labs”, “we” or “our” or “us”).
1.2 These Terms of Service (the “Terms”) govern your access to and use of the Alpha Labs Patient Portal (the “Site”), including Quick Tests and Lab Results, and any websites, applications for mobile, or software provided by Alpha Labs (collectively, together with the Site, the “Services”). The Services may continue to change over time as we refine and add more features. By accessing the Services you agree to be bound by these Terms. Please read them carefully. If you do not agree with these Terms, immediately stop using the Services.
1.3 If you are using the Services on behalf of a corporation, partnership or other organization, you are agreeing to these Terms for that corporation, partnership or organization and confirming that you have the authority to bind that corporation, partnership or organization to these Terms. In that case, you and your will refer to that organization.
1.4 You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to enter a contract with Alpha Labs and are not barred under any applicable laws from doing so.
1.5 The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18. Subject to your compliance with these Terms and the payment of any applicable fees, Alpha Labs hereby grants you a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.

2 Your Privacy

2.1 Our policy regarding the collection, use, and disclosure of your personal information is explained in our Privacy Policy, which is incorporated into these Terms by reference and can be found at Privacy Policy

3 No Medical Advice

3.1 The contents of the Site and information received in connection with your use of the Services is not a substitute for medical advice. Any health and health-related information made available through the Services, including without limitation your test or lab results, any tips and/or recommendations in connection with a diet, certain exercises or medicine is intended to be general in nature and should not be used as a substitute for a visit to your healthcare practitioner.
3.2 You are advised to seek the advice of a physician, or other health care practitioner, who is properly licensed to practice medicine and to provide general or specialized health care advice in your jurisdiction, concerning any results disclosed to you through the Services and/or with respect to any questions you may have regarding information obtained from the Services.
3.3 DO NOT disregard professional medical advice or delay in seeking same, because of information made available to you through the Services.
3.4 Always consult with your physician or other qualified health care practitioner before embarking on a new treatment, diet or fitness program. Information obtained through the Services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment and does not take into account individual circumstances, which are unique to each individual.

4 Account Security

4.1 You are responsible for safeguarding the password, security question and answer, security phrase, and any other credentials (collectively, the “Security Credentials”) that you use to access the Services and you agree not to disclose your Security Credentials to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Alpha Labs of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of anything to Alpha Labs, it is your responsibility to use a secure encrypted connection to communicate with the Services.

5 Intellectual Property

5.1 All content, including text, graphics, logos, icons, images, audio/video files, digital downloads, data, software, code, metadata, included in or made available through the Services (collectively, the “Content”) is the property of Alpha Labs or its content suppliers, and is protected by copyright laws and other laws.
5.2 All of Alpha Lab’s trademarks, service marks, logos, slogans and taglines are the property of Alpha Labs. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed by the Services without our express written permission or of the third party that may own the trademark, service mark, logo, slogan, or tagline.
5.3 These Terms do not grant you any right, title, or interest in the Services or the Content. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to host, copy, transmit, display, use, distribute, broadcast, sub-license, produce, reproduce, perform, publish, support, and modify such feedback as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

6 Use Of Services

6.1 You agree not to misuse the Services. For example, you must not, and must not attempt to, do the following things:
  • modify, alter, tamper with, repair, or otherwise create derivative works of any Content;
  • reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services;
  • access or use the Services in a way intended to avoid incurring fees;
  • resell or sublicense the Services;
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Site, the Services, shared areas of the Services you have not been invited to, Alpha Lab’s or our third party providers’ computer systems;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, you agree that you will not utilize scraping technology to access or search the Services);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including spoofing or phishing;
  • download, copy, publish, share, or offer to sell anything that is illegal, deceptive, fraudulent, misleading, or infringes another’s rights or intellectual property, or otherwise infringe or misappropriate the intellectual property rights of another;
  • impersonate or misrepresent your affiliation with any person or entity; or
  • violate the law in any way, violate the privacy of others, or defame others.
6.2 You will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, subsidiaries, agents, successors, assigns, customers, third party providers, licensors, and suppliers, and each of their respective officers, directors, employees, and representatives, any patent infringement or other intellectual property infringement claim regarding any Services you have used.
6.3 The Services may contain links to or enable the use of third party websites or content, functionality, and services not owned by us or not licensed to us by other parties (collectively, “Third Party Content”). Alpha Labs does not endorse and is not responsible or liable for the availability, accuracy, the related content, products, or services of third party websites or Third Party Content. You are solely responsible for your use of any such websites or Third Party Content and you may be subject to any applicable third party terms and conditions. When accessing third party sites, you are leaving the privacy coverage of the Site and are subject to the privacy policy and security of the third party site (if any). Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

7 Modification And Termination

7.1 Alpha Labs reserves the right, at any time, to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) with or without notice. Further, Alpha Labs reserves the right to change these Terms at any time with or without notice. You are responsible for regularly reviewing the Terms, including, without limitation, by checking the date of “Last Updated” indicated on this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Services constituting consideration from Alpha Labs to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms, (2) any policy or practice of ours in operating the Services, or (3) any content or services available through the Services, is to stop using the Services.

8 Disclaimer And Limitation Of Liability

8.1 The laws of certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.
8.2 THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALPHA LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
8.3 ALPHA LABS, ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES OF ALPHA LABS DO NOT WARRANT THAT THE SERVICES AND CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.4 ALPHA LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
8.5 ALPHA LABS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, SERVICES, CONTENT, OR SOFTWARE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, COPYRIGHT LAWS AND EXPORT, IMPORT, AND USE LAWS AND REGULATIONS OF OTHER COUNTRIES. THESE TERMS APPLY SOLELY TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY ANY APPLICABLE TERMS AND CONDITIONS FOR THE THIRD PARTY SITE.
8.6 YOU AGREE TO USE THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES AT YOUR OWN RISK, AND BY USING SUCH INFORMATION YOU AGREE TO INDEMNIFY ALPHA LABS AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM YOUR USE OF SUCH INFORMATION, AND ANY INFORMATION ON WEBSITES LINKED FROM THE SERVICES.

9 Indemnification

9.1 You agree to indemnify, hold harmless, and defend Alpha Labs and its affiliates, subsidiaries, agents, successors, assigns, third party providers, licensors, and suppliers, and each of their respective officers, shareholders, agents, directors, employees, and representatives (collectively, the “Indemnified Parties”) from and against any and all action, legal proceeding, liability, loss, claim, demands, damages, expenses, or costs (including but not limited to lawyers’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your access and use (or anyone’s access and use of your accounts) of the Services, Content, Site, software or the Third Party Content, or (ii) any breach or violation of these Terms by you or anyone utilizing your account. You agree: (a) to fully cooperate at your expense as reasonably required by an Indemnified Party; (b) each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder; (c) you shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

10 Governing Law

10.1 These Terms shall be governed by and construed under the laws of the Province of Ontario, Canada, including the federal laws of Canada applicable therein, notwithstanding your domicile, residency or physical location. Each party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law. All disputes and claims arising out of, or in any way connected with, this Agreement shall be referred to the courts of the Province of Ontario and each of the parties hereby attorns to the exclusive jurisdiction of the courts of the Province of Ontario located in the City of Toronto.

11 General Terms

11.1 These Terms constitute the entire and exclusive agreement between you and Alpha Labs with respect to the Services, and supersede and replace any other understandings, agreements or representations related to the Services.
11.2 These Terms create no third party beneficiary rights. These Terms shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assign.
11.3 Alpha Labs’ failure to enforce a provision is not a waiver of its right to do so later. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
11.4 You may not assign any of your rights in these Terms and any such attempt is void. Alpha Labs may assign its rights and duties in these Terms to any third party.
11.5 A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11.6 All of the provisions of these Terms (and any documents incorporated by reference) that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of this Agreement and you agree to remain bound by those provisions.