Website Terms of Use

Effective Date: October 14th, 2020

In order to ensure that the Biron group’s websites and mobile applications (including www.biron.com, www.medvue.ca and imagix.biron.com) as well as the different on-line portals available from the above-mentioned websites (such as MyBiron) (individually and collectively, the “Website”) are used in a user-friendly, educational and safe manner, all users should carefully read the following text.

These Terms of Use are a legal agreement between the user of the Website and related services (“you” or the “user”) and Biron Health Group Inc. (acting on its behalf and on behalf of all its affiliates), which is the owner and operator of the Website ("we", “us” and "Biron"). Subject to the following paragraph, these Terms of Use set out the terms and conditions governing any visit to and use of the Website, whether of the password-protected area, or of the non-password protected area. They also set out the terms of use for any written material and any other materials, either on the Website or available through it, including, without limitation, articles, text, photographs, images, illustrations, audio and video clips, software and computer code ("Content"). Your use of the Website constitutes your agreement to be bound by and comply with these Terms of Use. If you do not accept these Terms of Use, do not access or use this Website.

Because of the nature of the rights and obligations contained therein, some provisions of these Terms of Use apply only to the password-protected area of the Website. All other provisions apply to any use of the Website, whether to the password-protected area or, with the necessary modifications, to the non-password protected area.

Biron may update these Terms of Use at any time, without any prior notice and for any reason, without Biron incurring any liability toward you or any other person. For greater clarity, the applicable version of the Terms of Use shall be that in effect on the Website at the time of use.

Scope and Application: This section only pertains to the portions of the Website through which Biron collects personal information concerning individuals who are past, current or future users of the Website.

Acceptance: By clicking “I agree” or “I understand”, providing your personal information to Biron through the Website and/or otherwise indicating your acceptance of these Terms of Use, you agree to comply with these Terms of Use and you authorize Biron to gather, use and disclose your personal information in accordance with the Biron Health Group Inc.’s Privacy Policy incorporated herein by reference.

DO NOT use this Website for medical emergencies. If you have a medical emergency, call a doctor, a qualified healthcare practitioner, or 911 immediately. Under no circumstances should you attempt to treat yourself based on anything you have seen or read on this Website.

The information on this Website (including the tools and calculators provided on the Website and the information transmitted by them) is for your general information only. The Content of this Website is not intended, in any case whatsoever, to be a substitute for professional medical advice, diagnosis or treatment and cannot replace them in any way. Every case is unique. Always seek the advice of a physician or other qualified healthcare practitioner properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or someone else. Never disregard professional medical advice or delay in seeking a medical consultation because of something you have seen, heard or read on this Website. Only a health professional can confirm whether any information contained on this Website applies to your own situation. Always seek the advice of your physician or other healthcare practitioner before starting any new treatment, diet or exercise program. Information obtained by using this website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatments. Be advised that the human body pictures contained on this Website do not represent anatomical charts certified by health professionals, as they are simplified images being used as a reference only, to help you use this Website. We recommend you refer to reliable sources for more complete information and consult your physician or another health professional for any particular question you may have in relation to your health condition.

A medical prescription is required to schedule an appointment and you will be asked for it during the appointment before any service is provided. A valid government photo ID will also be required when making an appointment. We are required to refuse clients without a prescription or valid photo ID.

You are responsible for entering the information requested by the appointment scheduler. All information you enter must correspond to that indicated on the prescription given by your doctor. Incomplete or inaccurate information could prevent us from providing you with the requested services.

The laboratory:

The cost of analyses or tests, time slots and service points proposed by the appointment scheduler are based on the information entered in Step 1.

Any error in entering the required information could (1) prevent us from providing you with the service at your choice of location; (2) prevent us from providing you with the service at the time you choose; and (3) lead to an increase or decrease in the cost of the tests.

The final cost will be confirmed at the time of the appointment. We will not be liable for any change in price. Any price indicated on the Website is approximate and subject to change at any time and without prior notice. The full price confirmed when scheduling the appointment must be paid at the time of the appointment. For technical or medical reasons, we cannot offer appointment scheduling through the Website for all services and all service points. However, services may be scheduled by telephone.

For Imaging, sleep and genetics services:

• After an appointment is requested by telephone, you will be called to set up an appointment, as needed.
• Prices are not provided on the Website.

If you are unsure, you can reach customer service by telephone at 1 800 463 7674 from 6 a.m. to 8 p.m. Eastern Time (ET) from Monday to Friday and from 8 a.m. to 3 p.m. ET on Saturday other than holidays (in Quebec).

We send you the results of tests you requested so you can share them with the healthcare practitioner who prescribed them. We strongly believe our clients should have as much health-related information as possible so they can manage their health independently. The results you view when you log into the password-protected area of the site are simply data, provided for informational purposes only. We do not give (even implicit) opinions or diagnoses that are or could be based on those results. Only a qualified and authorized healthcare practitioner can interpret your test results taking into consideration your medical data as well as other particular factors of which the practitioner is aware. The benchmarks we provide for certain outcomes are aligned with relevant practice standards. These benchmarks are the reference limits for the results observed in 95% (or 99%, in rare cases) of so-called “normal” patients, who have no disease or condition that could affect the test or analysis which produced the results. In other words, one out of twenty (1/20) so-called “normal” patients will obtain results slightly outside the benchmark. Some test results are strictly qualitative (positive, negative, trace, etc.) and do not have a numerical benchmark. No conclusion whatsoever may be drawn from your position within these benchmarks. Only your treating physician can interpret your position. You are responsible for discussing your results with the practitioner who prescribed the tests 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 doctor can give you more information about this. For laboratory analyses, after you log into the password-protected area of the Website, the results of the tests you requested are available in different formats: a PDF report and a table in our Results Portal. If there is a discrepancy between the PDF report and the Results Portal in one or more results for the same test done on the same date, the results in the PDF report always take precedence. The values in the PDF report are also the ones that are sent to the healthcare practitioner who prescribed the tests.

Unless specifically stated and except with regard to its own products and services, Biron does not promote, recommend or endorse any particular brand of product or service, procedure or any other information that appears or that is advertised on the Website. The information that is posted on the Website in relation to the products offered is being supplied for informative purposes only. If you have any specific question concerning this information, you must consult your treating physician.

Biron does not wish to use the Website to communicate with users (i) regarding medical issues; or (ii) to establish doctor-patient relationships. E-mails on these topics will not be answered. If you wish to contact Biron about medical or other personal issues, please do so by phone, fax or mail as specified on the Website.

The Website and its Content is provided "AS IS" and "AS AVAILABLE". While Biron tries to provide information that is correct, accurate, current, and timely, Biron makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and its Content including, without limitation, no representation, warranty, condition, or covenant regarding (i) the merchantability and/or fitness for a particular use, including medical use, of Website Content, or Content available through the Website, (ii) that the Website and its content will be accurate, complete, current, reliable, timely or suitable for any particular purpose of the Website or its content, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or its Content, be they human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to and from the Website will be secure and/or not intercepted.

Biron reserves the right to revoke any offer posted on this Website and to correct any error, inaccuracy or omission on this Website, at any time and without any prior notice.

You acknowledge that Internet browsing carries inherent risks and you agree to assume them, to the complete exoneration of Biron. You acknowledge and agree that your access to and use of the Website and its Content are entirely at your own risk and liability. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading any material and/or data.

In no event shall Biron, its management, directors, officers, employees, agents, licensors and their respective successors and assigns be liable for damages of any kind, including, without limitation, any special, direct, indirect, exemplary or punitive, incidental or consequential damages including, without limitation, loss of profit or business opportunity, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or its Content, or your inability to use the Website, regardless of the cause of the loss, and whether arising in contract (including fundamental breach), extracontractual liability, tort (including negligence) or otherwise. The foregoing limitation shall apply, to the extent permitted by law, even if Biron knew of or ought to have known of the possibility of such damages.

Biron also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Website. The articles, opinions, advice, references or information provided in this site, whether through this Website or its hyperlinks, are the responsibility of their authors and not of Biron. The Website’s content and hyperlinks are for general informational and educational purposes only and should not be taken as expert advice. Under no circumstances shall Biron, its management, directors, officers, employees, agents, licensors and their respective successors and assigns be liable for any injury, loss, damage (including special, direct, indirect, exemplary or punitive, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third party, and (ii) any access, use, reliance upon or inability to use any materials, content, products or services located at, or made available through, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), extracontractual liability, tort (including negligence) or otherwise. The foregoing limitation shall apply to the extent permitted by law even if Biron knew of or ought to have known of the possibility of such damages.

The Content is protected by copyright law and is owned by Biron and its licensors, or the party credited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication or other operation of the Website and use of site Content, whether in whole or in part, is prohibited without the express prior written consent of Biron.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Website and its Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices contained in such content, where applicable. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out on the Website. In the event of a conflict between the terms of a licence governing specific content and these Terms of Use, the terms of the specific licence shall govern.

The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website are registered or unregistered trademarks of Biron or third parties. While certain third-party trademarks may be used by Biron under license, the display of such trademarks on the Website does not imply any relationship or license between Biron and the owner of the trademark, nor does it imply that Biron either recommends or endorses the products, services or business processes of the said trademark’s owner.

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Biron of any third-party website or the content thereof. Unless expressly stated, Biron 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.

While Biron encourages links to the Website, it does not wish to be linked to any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation, (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national or international laws or regulations which may be damaging or detrimental to the activities, operations, credibility or integrity of Biron, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Biron reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. At Biron’s request, you agree to remove any link you may have to the Website.

In order to access certain Website features, you may have to create an account. In registering on the Website, you agree (i) to provide true, accurate, current, and complete information on all registration forms; and (ii) to maintain and promptly update the registration information to keep it true, accurate, current, and complete. If Biron has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, it has the right, at its discretion and without notice, to suspend or terminate your access to the Website, or to any portion thereof. Biron’s use of all personally identifiable information that you provide as part of the registration process is governed by Biron Health Group Inc.’s Privacy Policy.

Access to the content and services offered on certain portions of the Website require users to create a username and password. Before accessing these portions of the Website, you must identify yourself by entering your username and password.

You are responsible for keeping your account password confidential and ensuring that you log out of your account at the end of each session. You are solely responsible for all activities that occur in your account.

You must notify Biron immediately of the loss, theft or any unauthorized use of your username or password. To the extent permitted by law, Biron will not be liable for any loss or damage arising from or in connection with its failure, or your failure, to protect your password and account information.

You acknowledge and agree that web browsing involves inherent risks and that computer and telecommunication systems are not flawless and may cause service disruptions. Biron cannot guarantee that the service and/or access to the Website will function in a continuous, smooth, secure or error-free manner, or that no loss of data will occur. Biron also cannot guarantee the security or confidentiality of any communication to or from the Website. To the extent permitted by law, users are solely responsible for any damage to their computer system or loss of data that results from uploading and/or downloading any material and/or data from the Website or elsewhere.

Biron reserves the right, at any time and without prior notice, to modify or discontinue, temporarily or permanently, the Website (or any portion thereof). Biron shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.

Use of this Website is unauthorized in any jurisdiction where this Website or any of the Content may violate any applicable laws or regulations. You agree not to access or use this Website in such jurisdictions. You agree that you are responsible for complying with all applicable laws and regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.

Scope and application: This part of these Terms of Use applies to the Website’s chat rooms and discussion forums. The Website’s general Terms of Use still apply to these services, with the necessary modifications.

Prohibitions: Chat rooms and discussion forums are made available to users so they can communicate directly with Biron’s representatives or other users, if applicable. Using chat rooms and discussion forums for other purposes, including (without limitation) for commercial or advertising purposes, is strictly prohibited.

Users are required to exercise discretion at all times when using chat rooms and discussion forums to post content, including personal information about themselves. Biron has no control over information users may post and this content remains the sole responsibility of the poster.

Without limiting the generality of the foregoing, all users are strictly prohibited from:

• submitting, posting or publishing through chat rooms or discussion forums, words or content that could be considered unlawful, threatening, abusive, aggressive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or otherwise objectionable;
• collecting, using and disclosing personal information about other users without their express consent;
• anonymously using chat rooms and discussion forums;
• impersonating another person;
• using another user’s log-in information to access chat rooms and discussion forums;
• uploading or otherwise making available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, or any computer, device or other technology associated with the Website;
• using chat rooms and discussion forums in such a way as to adversely affect Biron’s reputation, Biron’s activities in general and the Website in particular.

Penalties: Biron reserves the right to monitor chat rooms and discussion forums and to review any live or pre-recorded content to ensure the quality of the information and services provided, and to ensure it complies with these Terms of Use.

If a user breaches any of the terms and conditions applicable to the chat rooms and discussion forums Biron may, at its discretion and without notice, remove any comment, information, image, video or hyperlink posted by the user. Biron may also, at its discretion and without notice, restrict or block a user's access to chat rooms and discussion forums.

Biron may discontinue its chat rooms and discussion forums at any time.

All matters relating to your access or use of this Website and its Content shall be governed by the laws of the Province of Quebec, without regard to the rules of conflict of law. You agree to be subject to the exclusive jurisdiction of the competent courts of Quebec, judicial district of Montreal with respect to all matters relating to your access to and use of this Website and its Content as well as any dispute that may arise therefrom. You further agree that the applicable laws shall be the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Any consent by Biron to, or waiver of, a breach of these Terms of Use which you have committed, whether express or implied, shall not constitute consent to or a waiver of any other subsequent or different breach.

The invalidity or unenforceability of any provision of these Terms of Use or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms of Use.

Questions or comments regarding this Website should be directed by e-mail to: info@biron.com, by telephone to the toll-free number 1 800 463-7674 or by regular mail to the following address:

Biron Health Group Inc. 4105-F Matte blvd. Brossard, Quebec J4Y 2P4