Please note that Med Health Lab’s patient portal is intended for informational purposes only. For advice about your test results or your medical condition, please contact your healthcare provider. Please read these Terms of Use & Privacy policy carefully. They are a legal agreement between you and Med Health Laboratories Ltd. By clicking the register button, you agree to be bound by these Terms of Use & Privacy policy, including all amendments made from time to time. If you do not agree to these Terms of Use & Privacy policy, do not use this Med Health Lab’s Patient portal.

1. NO MEDICAL ADVICE

Med Health Lab’s Patient portal is intended to provide you with access to laboratory results ordered by your healthcare provider. Med Health Lab’s Patient portal is not intended to provide you with any medical advice. FOR ADVICE ABOUT YOUR TEST RESULTS OR YOUR MEDICAL CONDITION, ASK YOUR HEALTHCARE PROVIDER. Your healthcare provider has specialized medical training that allows him or her to understand the implications of the test results based on your specific medical history. 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. Any other health and health-related information contained within this web site is intended to be general in nature and should not be used as a substitute for a visit to your healthcare provider. Any such information which you obtain from this web site might be inappropriate for your own situation or might be misinterpreted. Med Health Laboratories Ltd. assumes no responsibility for how you use the information you obtain from this site.

If you have an emergency, or need to speak to someone urgently, contact your healthcare provider or go to the nearest hospital.

Reliance on any information on Med Health Lab’s patient portal is solely at your own risk.

2. USE OF MED HEALTH LAB’S PATIENT PORTAL

You may use Med Health Lab’s patient portal for your personal, non-commercial purposes. You may not use Med Health Lab’s patient portal for any other purpose. You are not permitted to make any resale, commercial or derivative use of Med Health Lab’s patient portal or use any data mining, robots, or similar data gathering and extraction methods. Med Health Lab’s patient portal 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.

3. CHANGES TO MED HEALTH LAB’S PATIENT PORTAL

Med health Laboratories Ltd. may alter, suspend, or discontinue any aspect of Med Health Lab’s patient portal at any time, including the availability of any Med Health Lab’s patient portal feature or content. Med health Laboratories Ltd. may also impose limits on certain features and aspects of Med Health Lab’s patient portal or restrict your access to parts of or all of Med Health Lab’s patient portal without notice or liability. Med health Laboratories Ltd. may discontinue or change Med Health Lab’s patient portal or its availability to you at any time without notice.

4. REGISTRATION INFORMATION, USER IDS AND PASSWORDS

Your user ID and password used to access Med Health Lab’s patient portal are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on Med Health Lab’s patient portal by users using your ID or password, including but not limited to use of your password by any third party. Med health Laboratories Ltd. will not be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use.

5. TERMINATION OF ACCESS TO MED HEALTH LAB’S PATIENT PORTAL

Med health Laboratories Ltd. may, in its sole discretion, terminate or suspend your access to all or any part of Med Health Lab’s patient portal at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use & Privacy policy. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of Med Health Lab’s patient portal or access to Med Health Lab’s patient portal by others, may be grounds for termination of your access to all or part of Med Health Lab’s patient portal at the sole discretion of Med health Laboratories Ltd. Termination of Med Health Lab’s patient portal includes deletion of your user ID, password and all related registration information and files associated with or inside your account or user profile.

6. OWNERSHIP OF MED HEALTH LAB’S PATIENT PORTAL

As between you and Med health Laboratories Ltd., Med health Laboratories Ltd. 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 Med Health Lab’s patient portal, all of the technology used by Med health Laboratories Ltd. to provide Med Health Lab’s patient portal, any software provided directly or indirectly by Med health Laboratories Ltd. for your access to or use of Med Health Lab’s patient portal , and all information posted by Med health Laboratories Ltd. within Med Health Lab’s patient portal , 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 Med Health Lab’s patient portal and in accordance with these Terms of Use & Privacy policy. 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.

7. TRADEMARK NOTICE

Med Health Lab’s patient portal, www.results.mhlab.ca, Med health Laboratories Ltd. and www.mhlab.ca are the trademarks and service marks of Med health Laboratories Ltd. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on this web site 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 Med health Laboratories Ltd. or the third party that may own the trademark, service mark, or logo.

8. "AS IS" BASIS

Med Health Lab’s patient portal 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 use of Med Health Lab’s patient portal is at your sole risk.

9. WARRANTY DISCLAIMER

To the extent permitted by law, Med health Laboratories Ltd. Disclaims all representations, warranties or conditions regarding Med Health Lab’s patient portal , 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. Med health Laboratories Ltd. does not represent or warrant that Med Health Lab’s patient portal will operate error free or uninterrupted or that Med Health Lab’s patient portal 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 Med health Laboratories Ltd. is not responsible for any interruption or suspension of Med Health Lab’s patient portal, regardless of the cause of the interruption or suspension.

10. LIMITATION OF LIABILITY

To the extent permitted by law, in no event will Med health Laboratories Ltd. or its partners or the suppliers of any laboratory test results or other content, or its or their affiliates, licensees, or suppliers, or the directors, officers, employees, agents or representatives of any of them, 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 Med Health Lab’s patient portal . Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you.

11. INDEMNITY

You agree to defend, indemnify and hold harmless Med health Laboratories Ltd., and its affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of Med Health Lab’s patient portal , including without limitation any breach by you of these Terms of Use & Privacy policy 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. Med health Laboratories Ltd. 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.

12. PRIVACY AND CONFIDENTIALITY

Med health Laboratories Ltd. is aware of the importance of protecting your privacy and we are sensitive to handling your personal information, in particular, your personal health information, appropriately. We are committed to collecting, using and disclosing your personal information responsibly and only as required to provide our services.

We remain responsible and accountable to you for the personal information we collect and hold. To this end, we have developed this Privacy Policy, trained our professional, technical and support staff about our policies and practices and we have also appointed a Chief Privacy ensure our Privacy Policy is complied with throughout the organization.

13. PERSONAL INFORMATION

Personal information is any information that identifies you, or by which your identity could be deduced and includes any health related information. Business information however (for example, your business title or business address and business telephone number) is not considered to be personal information according to privacy legislation. Generally speaking, if we do not collect and use your personal information, we cannot provide you with our services. We will use your personal information only for the purposes for which it is collected. By providing your personal information to us, you agree that we may use it for these purposes only. You may withdraw your consent to these uses by deactivating your Med Health Lab’s patient portal account on the User Profile page, but if you do, we will not be able to continue providing the services.

14. PURPOSES FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

We collect, use and disclose personal information as part of Med Health Lab’s patient portal for the following purposes:

to deliver quality medical laboratory services to our clients

to identify and to ensure continuous high quality service

to enable us to contact and maintain communication with you

to confirm your identity when you register for Med Health Lab’s patient portal

to manage your account and provide you with customer support

We may also use information related to your usage of Med Health Lab’s patient portal, on an anonymized basis, for the purpose of measuring adoption unless you consent otherwise, your e-mail address will only be used to send important service messages; such as user ID and password recovery, notifications about availability of your lab report, changes to your laboratory test results since you last viewed them and information about new functionality or changes to services and policies

15. LIMITS TO COLLECTION, USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION

We will limit the collection of personal information to those purposes identified in this Policy. Similarly, your personal information will not be used or disclosed for purposes other than those for which the information is collected or as required, or permitted, by law.

We will retain your personal information for the periods prescribed by applicable rules and guidelines. These vary depending on the type of tests that we perform for you. After the expiry of these periods we will destroy, erase or make anonymous your personal information in Med Health's laboratory information system.

16. DESTRUCTION OF PERSONAL INFORMATION

We destroy our records (which include electronic records and hardware) in a way that protects your privacy. With respect to electronic records, at a minimum, we ensure that all information is wiped clean prior to disposal of electronic data storage devices. Paper based records are destroyed using methods that include supervised incineration or shredding and/or bonded contractors who must adhere to contractual privacy obligations or shredding and/or bonded contractors who must adhere to contractual privacy obligations.

17. ACCURACY OF YOUR INFORMATION

We will use our best efforts to ensure that your personal information is as accurate, complete and up-to-date as possible for the purposes that it is to be used.

18. SECURITY OF YOUR PERSONAL INFORMATION

We take all reasonable precautions to ensure that your personal information is protected from loss, theft, unauthorized access, modification, use, copying, disclosure or tampering. Your information is protected whether recorded on paper or electronically. We have safeguards in place to protect all personal information retained in our facilities, and during their disposal and destruction. Our staff is also aware of the importance of maintaining the security and confidentiality of all personal information in our possession. We review and update our security measures on a regular basis.

19. COMMUNICATING WITH YOU

We are sensitive to the privacy of your health information and this is reflected in how we communicate with each other, both you and others involved in your care. We protect personal health information regardless of its format.

20. CHANGES TO THESE TERMS OF USE AND PRIVACY POLICY

Med health Laboratories Ltd. may modify these Terms of Use & Privacy policy from time to time. If you do not agree to any modifications, you should stop your use of Med Health Lab’s patient portal. Your continued use of Med Health Lab’s patient portal now, or following the posting of notice of any changes in these Terms of Use & Privacy policy, will constitute a binding acceptance by you of these Terms of Use & Privacy policy, and any subsequent modifications. It is our practice to review our policies and procedures from time to time and therefore we may amend our Privacy Policy in the future.

21. GOVERNING LAW AND DISPUTES

These Terms of Use & Privacy policy 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 Med Health Lab’s patient portal or these Terms of Use & Privacy policy, 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 Med health Laboratories Ltd. 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 Med Health Lab’s patient portal or these Terms of Use & Privacy policy.

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.

22. ENTIRE AGREEMENT

These Terms of Use & Privacy policy constitute the entire agreement between you and Med health Laboratories Ltd. and govern your use of Med Health Lab’s patient portal, superseding any prior agreements between you and Med health Laboratories Ltd. with respect to Med Health Lab’s patient portal. You may also be subject to additional terms and conditions that apply when you use certain elements of Med Health Lab’s patient portal.

23. NOTICES

Med health Laboratories Ltd. may provide you with notices, including those regarding changes to these Terms of Use & Privacy policy, by postings on Med Health Lab’s patient portal or by email.

24. WAIVER

The failure of Med health Laboratories Ltd. to exercise and enforce any right or provision of these Terms of Use & Privacy policy shall not constitute a waiver of such right or provision.

25. ASSIGNMENT

You do not have the right to assign any of your rights to use Med Health Lab’s patient portal or your interest in these Terms of Use & Privacy policy to anyone, and any rights you may have to your Med health Laboratories Ltd. user ID, password and user profile stored on the systems of Med health Laboratories Ltd. terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Med health Laboratories Ltd. 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 Med health Laboratories Ltd., if Med health Laboratories Ltd.' obligations hereunder are assumed by a third party, Med health Laboratories Ltd. will be relieved of any and all future liability under these Terms of Use & Privacy policy.

26. 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 Med Health Lab’s patient portal or these Terms of Use & Privacy policy must be commenced within one year after such claim or cause of action arose.

27. SEVERABILITY OF TERMS

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

References:

- Guidelines, Information & Privacy Commissioner of Ontario, Sep 2017

- PHIPA Bill-119, Ont Reg. 224/17, 2017