HealthTab

Last revised: July 3, 2023

Please read these Terms of Use carefully. This is a legal agreement between you and HealthTab Inc. (“HealthTab”). These Terms of Use relate to access to test results from blood analysis on blood analyzers distributed by HealthTab (each, an “Analyzer”) through an online web application provided by HealthTab (“HealthTab Online”) and affect your legal rights with respect to access to HealthTab Online and participation in testing on any Analyzer.

By using HealthTab Online or an Analyzer, or by clicking the “I agree” button, you agree to be bound by these Terms of Use, including all amendments made from time to time. If you do not agree to these Terms of Use, do not use HealthTab Online or participate in testing on any Analyzer.

1. No Medical Advice

   HealthTab Online is intended to provide you with electronic access to test results reported automatically by Analyzers. HealthTab Online is not intended to provide you with any medical advice or any other advice.

   TEST RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. HEALTHTAB ONLINE AND THE TESTING PERFORMED ON ANALYZERS DOES NOT REPLACE TRADITIONAL MEDICAL LABORATORY TESTING. IF YOU HAVE A MEDICAL CONDITION OR HAVE SYMPTOMS CONSULT YOUR PHYSICIAN. Your physician or other health care provider has specialized medical training that allows him or her to determine which traditional medical laboratory tests to order, if any, and to understand the implications of such test results. HealthTab does not and is not providing any medical advice. For advice on test results provided on HealthTab Online, consult your physician. If you do not discuss your test results with your physician, it is possible that you might misunderstand the implications of the test results.

   Any other health and health-related information contained within HealthTab Online is intended to be general in nature and should not be used as a substitute for a visit to your physician or other health care provider. Any such information which you obtain from HealthTab Online might be inappropriate for your own situation or might be misinterpreted. HealthTab assumes no responsibility for how you use the information you obtain from HealthTab Online.

   IF YOU HAVE AN EMERGENCY, OR NEED TO SPEAK TO SOMEONE URGENTLY, CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL. Do not use any online communication options provided to you by HealthTab Online. Neither HealthTab nor any other application available through HealthTab Online is a substitute for appropriate and timely contact with your physician.

   NEVER CHANGE OR STOP ANY COURSE OF TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN.

   RELIANCE ON ANY INFORMATION ON HEALTHTAB ONLINE IS SOLELY AT YOUR OWN RISK.

2. Use of HealthTab Online

   You may use HealthTab Online for your personal, non-commercial purposes. You may not use HealthTab Online for any other purpose. You are not permitted to make any resale, commercial or derivative use of HealthTab Online, or use any data mining, robots, or similar data gathering and extraction methods.

   To register for HealthTab Online, you must be 16 years of age or older. If you are under the age of majority in the province or territory in which you reside, you must obtain the consent of your parent or legal guardian. HealthTab is not intended for use by individuals who are under 16 years of age.

3. Changes to HealthTab Online

   HealthTab may alter, suspend, or discontinue any aspect of HealthTab Online at any time, including the availability of any feature or content. HealthTab may also impose limits on certain features and aspects of HealthTab Online or restrict your access to parts of or all of HealthTab Online without notice or liability. HealthTab may discontinue or change HealthTab Online or its availability to you at any time without notice.

4. Analyzer

   Neither HealthTab, nor any person or entity for which HealthTab is legally responsible, designs or manufactures the Analyzers.

   Operation of the Analyzers, performance of testing on the Analyzers, maintenance, inspection and cleaning of the Analyzers, and all other matters relating to the use and operation of the Analyzers are the responsibility of third parties for which HealthTab is not legally responsible.

   Your participation in testing on any Analyzer is at your own risk. You acknowledge and agree that HealthTab is not responsible for the design or manufacture of any Analyzer, operation of any Analyzer, performance of testing on any Analyzer, maintenance, inspection and cleaning of any Analyzer, or any other matters relating to any Analyzer.

5. Results and Other Content

   You agree that HealthTab is not liable in any way for the validity, accuracy, completeness, integrity, quality and timeliness of any results or other content available through HealthTab Online and your use or non-use of, and your reliance or non-reliance on, any such results or other content is at your own risk.

6. Registration Information, User Ids and Passwords

   HealthTab Online requires personal information that must be provided as part of the registration process in order for you to be granted access to HealthTab Online.

   Your user ID and password used to access HealthTab Online are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on HealthTab Online by users using your ID or password, including but not limited to use of your password by any third party. HealthTab will not be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use.

7. Termination of Access

   HealthTab may, in its sole discretion, terminate or suspend your access to all or any part of HealthTab Online at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of HealthTab Online or access to HealthTab Online by others, may be grounds for termination of your access to all or part of HealthTab Online at the sole discretion of HealthTab.

   Termination of access to HealthTab Online may include deletion of your user ID, password and all related registration information, blood test results, files and data associated with or inside your account or user profile.

8. Ownership

   As between you and HealthTab, HealthTab is and will remain the sole and exclusive owner of all right, title and interest, including copyright and all other intellectual property rights, in and to HealthTab Online, all of the technology used by HealthTab to provide HealthTab Online, any software provided directly or indirectly by HealthTab for your access to or use of HealthTab Online, and all information posted by HealthTab within HealthTab Online, as well as all enhancements, modifications or additions thereto. You will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use them as contemplated and permitted by HealthTab Online and in accordance with these Terms of Use. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing.

   If and to the extent that, for your access to or use of HealthTab Online, you have downloaded any software from HealthTab Online or have otherwise received any such software (such as, by way of example, from your physician or another caregiver), then HealthTab grants to you a personal, non-transferable and non-exclusive right and license to use the object code of such software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to HealthTab Online. You agree not to access HealthTab Online by any means other than through the interface that is provided by HealthTab for use in accessing HealthTab Online.

9. Trademark Notice

   Nothing on HealthTab Online should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this web site without the express written permission of HealthTab or the third party that may own the trademark, service mark, or logo.

10. “As Is” Basis

    HealthTab Online and the test results provided on HealtTab Online ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. YOU EXPRESSLY AGREE THAT ALL USE OF HEALTHTAB ONLINE IS AT YOUR SOLE RISK.

    You agree that HealthTab assumes no liability if HealthTab Online is unavailable at any time, or for the reliability, validity, accuracy, completeness, integrity, quality or timeliness of, or any failure to deliver or store, HealthTab Online or any results or other content. HEALTHTAB DOES NOT REPRESENT OR WARRANT THE RELIABILITY, VALIDITY, ACCURACY, COMPLETENESS, INTEGRITY, QUALITY OR TIMELINESS OF ANY TEST RESULTS OR OTHER CONTENT. YOU AGREE NOT TO RELY ON ANY TEST RESULTS REPORTED THROUGH HEALTHTAB ONLINE AND YOU ACKNOWLEDGE THAT ANY USE, NON-USE OR RELIANCE UPON ANY SUCH TEST RESULTS OR OTHER CONTENT WILL BE AT YOUR SOLE RISK.

11. Warranty Disclaimer

    TO THE EXTENT PERMITTED BY LAW, HEALTHTAB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING HEALTHTAB ONLINE, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HEALTHTAB DOES NOT REPRESENT OR WARRANT THAT HEALTHTAB ONLINE OR ANY RESULTS OR OTHER CONTENT IS OR WILL BE ACCURATE, COMPLETE, RELIABLE OR CURRENT, OR THAT HEALTHTAB ONLINE WILL OPERATE ERROR FREE OR UNINTERRUPTED OR THAT HEALTHTAB ONLINE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    You acknowledge that HealthTab is not responsible for any interruption or suspension of HealthTab Online, regardless of the cause of the interruption or suspension.

12. LIMITATION AND WAIVER OF LIABILITY

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTHTAB OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR LOSS OF DATA, FOR ANY CAUSE OF ACTION WHATSOEVER, AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF HEALTHTAB ONLINE OR ANY ANALYZER.

    EVERY EXEMPTION FROM LIABILITY, LIMITATION AND CONDITION CONTAINED IN THESE TERMS OF USE FOR THE BENEFIT OF HEALTHTAB AND EVERY DEFENCE AND IMMUNITY OF WHATSOEVER NATURE APPLICABLE TO HEALTHTAB OR TO WHICH HEALTHTAB IS ENTITLED UNDER THESE TERMS OF USE WILL ALSO BE AVAILABLE AND WILL EXTEND TO PROTECT EACH OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES AND SUBSIDIARIES, EACH OF WHOM IS AN INTENDED THIRD PARTY BENEFICIARY OF SUCH PROVISIONS.

    IN CONSIDERATION OF HEALTHTAB ALLOWING YOU TO USE HEALTHTAB ONLINE AND RECEIVE TESTING RESULTS, YOU AGREE TO WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST HEALTHTAB AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES AND SUBSIDIARIES AND TO RELEASE HEALTHTAB AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES AND SUBSIDIARIES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT YOU MAY SUFFER, OR THAT YOUR NEXT OF KIN MAY SUFFER AS A RESULT OF YOUR USE OF HEALTHTAB ONLINE OR PARTICIPATION IN TESTING ON ANY ANALYZER DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF HEALTHTAB OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SHAREHOLDERS, AFFILIATES OR SUBSIDIARIES.

13. Indemnity

    You agree to defend, indemnify and hold harmless HealthTab, its shareholders, the suppliers of any results or other content, and its and their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of HealthTab Online, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You will cooperate as fully as reasonably required in the defence of any claim. HealthTab reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you will remain liable for any such claim and for the costs of defence.

14. Privacy and Confidentiality

    Your privacy is of the utmost importance to us. Please review HealthTab’ Privacy Policy for a full description of how we receive, transmit and protect your personal information.

    You agree that HealthTab may collect, use and disclose personal information about you for the purposes identified in the HealthTab Privacy Policy (as it may be amended from time to time), which can be viewed online at healthtab.com/privacy.

    You also agree that, for the purposes identified HealthTab’s Privacy Policy, HealthTab may share your personal information on a confidential basis with third party service providers. You acknowledge that if any such service provider is located in the U.S. or other foreign country, your personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. More information about HealthTab’s privacy practices is available at the URL provided above. If you have any questions or concerns about these privacy practices, please contact us at moc.bathtlaeh@reciffo.ycavirp

15. Links or Pointers to Other Sites

    HealthTab makes no representations whatsoever about any other web site that you may access through HealthTab Online or any entity that may post its advertisements on HealthTab Online. When you access a non-HealthTab site, please understand that it is independent from HealthTab and that HealthTab has no control over the content on that site. In addition, a hyperlink to a non-HealthTab site does not mean that HealthTab endorses or accepts any responsibility for the content or the use of the linked site. HealthTab does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

16. Hyperlinks to this Site

    Persons constructing other web sites may link to the home page on HealthTab Online, but may not link to any other page on HealthTab Online. You may not copy any of the materials from this site onto your own web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.

17. Changes to these Terms of Use

    HealthTab may modify these Terms of Use from time to time. If you do not agree to any modifications, you should stop your use of HealthTab Online and not participate in any further tests on any Analyzer. Your continued use of HealthTab Online or participation in any further tests on any Analyzer following the posting of notice of any changes in these Terms of Use will constitute a binding acceptance by you of these Terms of Use, and any subsequent modifications. You can review the most current version of these Terms of Use at any time at healthtab.com/terms.

18. Application of Terms of Use

    These Terms of Use continue and apply to all use and access by you at any time to any test results on HealthTab Online and any and all participation in any testing on any Analyzer.

19. Governing Law

    These Terms of Use are governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any litigation involving the parties to Terms of Use shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

20. Entire Agreement

    These Terms of Use constitutes the entire agreement between you and HealthTab with respect to the subject matter herein, superseding any prior agreements between you and HealthTab with respect to the subject matter herein.

21. Notices

    HealthTab may provide you with notices, including those regarding changes to these Terms of Use, by postings on HealthTab Online, or by email.

22. Waiver

    The failure of HealthTab to exercise and enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

23. Assignment

    You do not have the right to assign any of your rights to use HealthTab Online or your interest in these Terms of Use to anyone, and any rights you may have to your HealthTab user ID, password and user profile stored on the systems of HealthTab terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. HealthTab has the right to assign any or all of its rights and duties under these Terms of Use to any third party. At the election of HealthTab, if HealthTab’ obligations hereunder are assumed by a third party, HealthTab will be relieved of any and all future liability under these Terms of Use.

24. Contractual Limitation Period

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HealthTab Online or these Terms of Use must be commenced within one year after such claim or cause of action arose.

25. Severability

    If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

    END OF TERMS OF USE