Terms of Purchase

A. NO MEDICAL ADVICE

DYNACARE PLUS IS INTENDED TO PROVIDE USERS OF THE WEBSITE WITH ABILITY TO REQUEST SELECT LABORATORY TESTS ORDERED BY A HEALTHCARE PROVIDER. DYNACARE PLUS IS NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL ADVICE. FOR ADVICE ABOUT YOUR TEST RESULTS OR YOUR MEDICAL CONDITION, ASK YOUR HEALTHCARE PROVIDER. HEALTHCARE PROVIDERS WHO ARE LICENSED TO PRACTISE MEDICINE OR GENERAL HEALTHCARE IN YOUR JURISDICTION HAVE SPECIALIZED MEDICAL TRAINING THAT ALLOWS THEM TO UNDERSTAND THE IMPLICATIONS OF THE TEST RESULTS BASED ON YOUR SPECIFIC MEDICAL HISTORY, AND TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING SUCH TEST RESULTS. IF YOU DO NOT DISCUSS YOUR TEST RESULTS WITH YOUR HEALTHCARE PROVIDER, IT IS POSSIBLE THAT YOU MIGHT MISUNDERSTAND THE IMPLICATIONS OF THE TEST RESULTS RESULTING FROM THE TESTS YOU ORDER THROUGH DYNACARE PLUS. ANY OTHER HEALTH AND HEALTH-RELATED INFORMATION CONTAINED WITHIN THIS WEBSITE IS INTENDED TO BE GENERAL IN NATURE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR A VISIT TO YOUR HEALTHCARE PROVIDER. ANY INFORMATION WHICH YOU OBTAIN FROM THIS WEBSITE MIGHT BE INAPPROPRIATE FOR YOUR OWN SITUATION OR MIGHT BE MISINTERPRETED. DYNACARE ASSUMES NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION YOU OBTAIN FROM THIS WEBSITE.

DYNACARE PROVIDES YOU THE RESULTS OF TESTS YOU REQUESTED SO YOU CAN SHARE THEM WITH THE HEALTHCARE PROVIDER WHO PRESCRIBED OR REQUISITIONED THEM. THE TEST RESULTS PROVIDED ARE SIMPLY DATA, PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DYNACARE NEVER GIVES ANY OPINIONS OR DIAGNOSES THAT ARE OR COULD BE BASED ON THOSE RESULTS, EVEN IMPLICITLY. ONLY A QUALIFIED AND AUTHORIZED HEALTHCARE PROVIDER CAN INTERPRET YOUR TEST RESULTS TAKING INTO CONSIDERATION YOUR MEDICAL DATA AS WELL AS OTHER PARTICULAR FACTORS OF WHICH THE HEALTHCARE PROVIDER IS AWARE. YOU ARE RESPONSIBLE FOR DISCUSSING YOUR RESULTS WITH A HEALTHCARE PROVIDER AND MAKING ANY DECISIONS YOU DEEM APPROPRIATE. IT IS POSSIBLE TO RECEIVE FALSE POSITIVES OR FALSE NEGATIVES, WHICH IS INHERENT IN ALL LABORATORY TESTS. YOUR PHYSICIAN CAN GIVE YOU MORE INFORMATION ABOUT THIS.

DO NOT USE THE EMAIL OR OTHER COMMUNICATION OPTIONS PROVIDED TO YOU BY DYNACARE FOR QUESTIONS ABOUT YOUR LABORATORY TESTS OR ASSOCIATED RESULTS. DYNACARE PLUS IS NOT A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT WITH YOUR HEALTHCARE PROVIDER. NEVER CHANGE OR STOP ANY COURSE OF TREATMENT WITHOUT FIRST CONSULTING YOUR HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR HEALTHCARE PROVIDER BEFORE STARTING ANY NEW TREATMENT, DIET OR EXERCISE PROGRAM.

IN SOME INSTANCES YOU MAY HAVE THE OPTION TO CONNECT TO OR ACCESS THIRD PARTY WEBSITES AND SERVICES FROM THE PLATFORM, INCLUDING THE SERVICES OF A HEALTHCARE PROVIDER "THIRD PARTY SERVICES". THESE THIRD PARTY SERVICES ARE NOT UNDER DYNACARE'S CONTROL, AND YOU ACKNOWLEDGE THAT DYNACARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THIRD PARTY SERVICES AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, INTEGRITY, QUALITY, USEFULNESS, LEGALITY, APPROPRIATENESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH THIRD PARTY CONTENT OR ANY OTHER ASPECT OF THIRD PARTY SERVICES, INCLUDING THE TERMS AND CONDITIONS OF THIRD PARTY SERVICES. DYNACARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, ANY THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DYNACARE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH THIRD PARTY SERVICES. YOU USE ANY THIRD PARTY SERVICES AT YOUR OWN RISK. YOUR DEALINGS WITH THE PROVIDER OF ANY THIRD PARTY SERVICES ARE SOLELY BETWEEN YOU AND THE PROVIDER. IF YOU HAVE ANY ISSUES WITH A THIRD PARTY SERVICE, YOU MUST CONTACT THE PROVIDER OF THE THIRD PARTY SERVICE DIRECTLY.

You may use Dynacare Plus for your personal, non-commercial purposes. You may not use Dynacare Plus for any other purpose. You are not permitted to make any resale, commercial or derivative use of Dynacare Plus, the test(s) offered for sale on the Website, or use any data mining, robots, or similar data gathering and extraction methods. Dynacare Plus is intended for use by individuals who are 16 years of age or older and is not intended for use by individuals who are under 16 years of age.

After you have placed an order on the Website, Dynacare will validate the information you have provided, by verifying your payment mode and your billing address. If the laws in force at the time of your order require that a test can only be sold or conducted on requisition of a physician or other healthcare provider, Dynacare reserves the right to require a copy of the necessary requisition when purchasing a test on the Website. In some cases, Dynacare may, through a license healthcare provider, provide you with a prescription or requisition. In all cases, it is your responsibility to retain a copy of any prescription or requisition provided. Please review our FAQ for instructions and information related to your specific test purchased.

Dynacare reserves the right to limit the quantities of tests that you can buy in the same order. Dynacare also reserves the right to limit the distribution of certain tests according to the jurisdiction in which you reside. In other words, certain tests may not be available to you.

For every test you purchase, you acknowledge and accept that you are responsible for following all instructions applicable to the test. These instructions may be set out and provided to you in the FAQ, product page on Dynacare Plus, or in the test instructions that come with your purchased test kit for each type of test. Dynacare is not liable for any errors, or other damages, that may result from your failure to correctly follow the appropriate test instructions.

Without limiting the generality of the foregoing, you will watch the required instructional videos and review written instructions provided to you by Dynacare and will pack your specimen according to such instructions. When packing your specimen, you acknowledge and agree to the following:

• To your knowledge, your sample does not contain any of the following infectious substances that are capable of causing permanent disability or life-threatening or fatal disease to humans: Crimean-Congo Hemorrhagic fever virus; Ebola virus; Flexal virus; Guanarito virus; Hantaviruses causing hemorrhagic fever with renal syndrome; Hantaviruses causing pulmonary syndrome; Hendra virus; Herpes B virus (specifically Cercopithecine Herpesvirus-1); Junin virus; Kyasanur Forest virus; Lassa virus; Machupo virus; Marburg virus; Monkeypox virus; Nipah virus; Omsk hemorrhagic fever virus; Russian Spring-Summer encephalitis virus; Sabia virus; or Variola (small pox)); and
• You will not proceed with sample collection, packing, and shipment if you are unable to comply with the above requirements.

The prices of tests offered for sale on the Website can be modified at any time. The price displayed on the Website is in Canadian dollars. The price of the tests that you paid is the one in effect at the time of your purchase on the Website. Applicable sales taxes apply to all prices indicated on the Website.

Dynacare Plus is 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 access and use of Dynacare Plus is at your sole risk.

Dynacare endeavors to be as precise as possible on the Website. However, Dynacare does not guarantee that the description of the tests or other content of the Website will be accurate, complete, reliable, up to date and/or error free. Dynacare reserves the right to modify the description of the tests displayed on the Website, to refuse or cancel any order and to correct any errors, inaccuracies or omissions on the Website, at any time and without any notice or liability, even after submission of an order and even if the order has been confirmed and / or if your credit card has been charged. In the event that your credit card has already been debited and your order is canceled by Dynacare, Dynacare will reimburse you for the full amount debited, by the original payment method.

To the extent permitted by law, Dynacare disclaims all representations, warranties or conditions regarding Dynacare Plus, 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. Dynacare does not represent or warrant that Dynacare Plus will operate error free or uninterrupted or that Dynacare Plus is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that Dynacare is not responsible for any interruption or suspension of Dynacare Plus, regardless of the cause of the interruption or suspension.

This clause does not apply to users residing in the Province of Québec: To the extent permitted by law, Dynacare disclaims all representations, warranties or conditions regarding tests, 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.

You agree to defend, indemnify and hold harmless Dynacare, and its affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives, from any losses, damages or claims, without limitation actual legal fees, which they may suffer from your activities on or use of Dynacare Plus, including without limitation any breach by you of the Dynacare Plus Terms of Use, the Privacy Policy or these Terms of Purchase 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. Dynacare 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.

THE FOLLOWING CLAUSE DOES NOT APPLY TO USERS IN QUEBEC. Dynacare, and any of its affiliates, licenses, partners and suppliers, and directors, officers, employees, agents and representatives, shall not be liable to you for:

• any indirect, incidental, consequential, punitive or exemplary damages; and/or
• that portion of the direct damages arising from or relating to this agreement that exceeds an amount equal to the aggregate fees you have paid for Dynacare Plus in the twelve (12) month period prior to the date such claim arose.

Dynacare may modify these Terms of Purchase from time to time. If you do not agree to any modifications, you should stop your use of Dynacare Plus. Your continued use of Dynacare Plus now or following the posting or transmission of any notice of any changes in these Terms of Purchase, will constitute a binding acceptance by you of these Terms of Purchase, and any subsequent modifications. It is our practice to review our policies and procedures from time to time and therefore we may amend our Terms of Purchase in the future.

For users residing in the Province of Quebec: These Terms of Purchase are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree to be subject to the exclusive jurisdiction of the competent courts of Quebec, judicial district of Montreal for all disputes arising out of or in connection with Dynacare Plus or these Terms of Purchase, or in respect of any defined legal relationship or matter associated therewith or derived there from.

For all other users: These Terms of Purchase are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. All disputes arising out of or in connection with Dynacare Plus or these Terms of Purchase, or in respect of any defined legal relationship associated therewith or derived there from, will be referred to and finally resolved by arbitration under the rules of the Arbitration Act of Ontario. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English. Subject to mandatory arbitration so provided, you and Dynacare irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of Ontario with respect to any legal action or proceeding which may be brought at any time relating in any way to Dynacare Plus or these Terms of Purchase.

Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.

Dynacare may provide you with notices, including those regarding changes to these Terms of Purchase, by postings on Dynacare Plus, or by email.

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

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

THIS CLAUSE DOES NOT APPLY TO USERS RESIDING IN THE PROVINCE OF QUEBEC: 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 Dynacare Plus or these Terms of Purchase must be commenced within one year after such claim or cause of action arose.

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

If you have any questions related to Dynacare Plus and/or these Terms of Purchase, please contact Dynacare at 1-855-748-1115 Monday to Friday from 8 a.m. to 4 p.m. EST or by visiting our Contact Us page. Dynacare's mailing address is 115 Midair Court, Brampton, Ontario, L6T 5M3.

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Dynacare of any third-party website or the content thereof. Unless expressly stated, Dynacare does not operate any third-party website linked to the Website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition or covenant of any kind regarding any third-party website including, without limitation, (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular use of any third-party websites or material, content, software, products, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error-free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.