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Welab Patient Application Licence Agreement

This is a legal agreement between you (“you”, “your”) and Welab Technologies Inc. and/or its licensees where applicable (“Welab”, “us”, “we”, “our”) regarding your provision of mobile phlebotomy services using Welab™ technology (“Services”) and use of the Welab certified Technician Application for mobile devices (“Application”, collectively, “Agreement”). Please read this Agreement before installing and signing up to use the Application and providing Services. If you are not willing to be bound by all the terms of this Agreement, please do not enrol with Welab.

General

You acknowledge that Welab is a provider of services to patients, doctors, laboratories and laboratory technicians. Welab is not a regulated health professional, nor a laboratory as defined in the Regulated Health Professions Act and Laboratory and Specimen Collection Centre Licensing Act and related laws and regulation. The Application allows you to select and order various laboratory services that will be provided to you in the convenience of your home or other location you designate by a laboratory technician (“certified Professional”) including, but not limited to, intra-venous injection and blood collection (“Specimens”). The selection, ordering and retrieval of the results from the Specimens in the Application are the “Services”. DO NOT USE THE APPLICATION FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY OR VISIT YOUR LOCAL HOSPITAL OR URGENT CARE CLINIC.

License Restrictions & Proprietary Rights.

Welab grants you a limited, non-transferable, non-exclusive, revocable license to use the Application only as permitted by this Agreement. You may not reverse compile, disassemble, alter or modify the Application. You may not assign, sublicense, encumber, rent, lease, loan, resell, distribute or attempt to transfer the Application. You may not use the Application, or any element of the Application, to create derivative works or other works that are similar to the Application. You may not remove any copyright or other proprietary notices from the Application or any portion thereof.


All rights and title in, and to, the Application, including patents, copyrights, trade-marks and trade secret rights, belong to Welab. Welab holds title to each copy of the Application, and any portion thereof. You acknowledge that the license granted does not provide you with title to, or ownership of, the Application, but rather a right of limited use under the terms and conditions of this Agreement. No other rights are granted to you with respect to the Application.

Signup and Use

After downloading the Application, you can create an account by either entering your name, e-mail address and password. Alternatively, you can scan your provincial healthcard and the Application will automatically read and store the details in a secure server located in Canada (“Account Information”). Your Account Information will be collected and processed to provide you the Services in compliance with our Privacy Policy https://welab.health/privacy-policy, and will only be shared with third parties in the fulfillment of the Services. In entering your Account Information, you acknowledge and agree that you will keep your Account Information secure and confidential, and not share or authorize anyone else to use your account, except as permitted by law or this Agreement. If you suspect or become aware of unauthorized access to your Account Information, you agree to promptly notify us at [email protected], and co-operate with usin securing your account and pursuing any legal remedies available to us, if we so choose.


When you select Services, your requisition form can be uploaded to the Application by scanning, e-mail or by generating one through the Application. After selection, you can order the Services by paying the fees stated in the Application (“Order”) from various payment methods, including credit card, Apple Pay™, Google Wallet™, etc. (“Payment Methods”), after which a local certified Professional will be notified of the Order. Once the Order is accepted, a certified Professional will be dispatched and you will be notified in the Application. Although the Application will try to schedule the Service based onyou’re your requirements, if the Order is cancelled or declined, you may not receive prior notice.


The certified Professional will perform the specimen collection and send the specimen to a laboratory for processing (“Results”). You can track the progress of your Order in the Application as well as view reports regarding your Results.


Payment Methods are encrypted for your security and processed through Welab’s third party application payment provider. Welab does not store or sell your Payment Methods. Fees are subject to taxes where indicated.


Welab also offers you the ability to order Services for your children, parents or other loved one’s (“Dependant”) through the Application. In placing Orders for a Dependant, you represent to Welab that you have obtained your Dependants’ consent to provide their personal and health information (“Dependant Information”) to Welab. When you place an Order for your Dependant, the Dependant Information will be validated by Welab, and you will be responsible for all fees associated with Orders you place for your Dependant. You are responsible for managing Dependant Information in the Application.

Acknowledgment, Risk & Conduct

Whenever Specimens are being collected, there are inherent health risks in doing so, including, but not limited to, bruising and nerve injury. The certified Professional may also request information from you related to the tests, such as whether you fasted. This information will be recorded by the certified Professional as the accuracy of this data affects the efficacy of the Results.


Welab may offer preparation instructions in the Application, but prior to placing an Order, you must acquire the requisition and follow instructions from the health professional that provided you the requisition. You acknowledge that Welab is not responsible for any injury arising from the collection of Specimens and use of the Services. The certified Professional that performs the Specimen collection operates under a licence from a laboratory and both are independent from Welab.


Although the certified Professional makes every effort to ensure the Specimens are delivered to a laboratory for processing, Welab has no control over, and does not guarantee, the delivery, loss or damage to, and processing of the Specimens. Once the Specimen is delivered to the processing laboratory, the accuracy and transmission of the Results to your healthcare professional is the responsibility of the processing laboratory. It is your responsibility to ensure the location at which the Specimens will be drawn is clean and accessible to the certified Professional, free of encumbrances and danger, such as snow, pets, or other hazards. The certified Professional may choose where in the premises they will perform the collection, and may refuse to enter the premises, or stop the collection, if they have concern for their safety or security. When the certified Professional is at the premises he/she will take care in collecting the Specimens, but is not responsible for damage or destruction to the premises, except as caused by their negligence, and may dispose of used material at the premises.


The Application allows you to designate your health professional. In doing so, you consent to the health professional accessing your health information through Welab.


In accepting Orders and providing you Results, you understand and agree that Welab will retain your medical data and Results (“Personal Data Set”). In using the Application, you grant to Welab the right to use the Personal Data Set for its own use, provided that the Personal Data Set is de-identified and anonymized in such a way as to not be attributable to you (“Derived Data Set”). Welab reserves the right to use the Derived Data Set, including the right to reproduce, distribute, analyze, mask, aggregate, accumulate, and/or compile, including aggregation of the Data Set to form the Derived Data Set, together with similar data from other users.

You acknowledge and expressly consent to receiving electronic e.g. e-mail and SMS messages from Welab and its partners. You may choose not to provide us consent, or you may revoke your consent, which may prevent you from being able to use the Services.

Disclaimer and Limitation of Liability

Welab does not warrant that the functions contained in the Application will meet your specific requirements or that the operation of the Application will be uninterrupted or error free. The Application is provided “as is” without warranty or conditions of any kind, express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. You take the entire risk as to the quality and performance of the Application. Some jurisdictions do not allow the exclusion of implied warranties or conditions, so the above exclusions may not apply to you.


In using the Services, you expressly acknowledge that Welab is not liable to you for any loss of money, goodwill, direct, indirect, incidental, punitive, exemplary, special or other consequential damages for your use of the Application or ordering of the Services, even if we are advised of the possibility of these damages. The Application is provided “as is”. Except where prohibited by law, all warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose.


You indemnify Welab, its officers, directors, agents, subsidiaries, and employees, from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of this Agreement, including any misuse or lack of consent in providing the Dependant Information.

Governing Law and Jurisdiction

You agree that all claims relating to the Application and Services shall be governed by the laws of the Province of Ontario and applicable federal law, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts sitting in Mississauga, Ontario.

Termination & Updates

This Agreement was last updated June 1, 2023. Welab may revise this Agreement periodically by posting to its website,  www.welab.health. If you use the Application after this Agreement is updated, you are deemed to have consented to the revised Agreement.


If you have any questions about this Agreement, please contact Welab at [email protected]. If you fail to comply with your obligations under this Agreement, Welab may terminate this Agreement immediately. Upon termination, your ability to receive Information through the Application will cease. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and Welab’s proprietary rights, shall survive termination for any reason.


Notices to Welab shall be given by e-mail to [email protected], Attention: Legal Department. Notices to you will be provided by e-mail at the e-mail address contained in your Account Information, and deemed given 24 hours after the e-mail is sent to you.

App Analytics and Improvements

To help us understand how our app is used and to improve user experience, we use third-party analytics tools such as the Facebook SDK. This allows us to track app installs and gather usage statistics. No personally identifiable information is collected through this process.


By continuing to use this app, you agree to the collection of this data. For more information, please refer to our Privacy Policy.