MLW Privacy and Confidentiality Policy

1428 Ouellette Ave, Suite 310 Windsor, Ontario N8X 1K4 Phone: 519-258-1991 Fax: 519-258-9505

TERMS OF USE

If you have questions about your test results or your medical condition, please contact your healthcare provider. Never change, stop or start any course of treatment without first contacting your healthcare provider. If you have an emergency, or need to speak to someone urgently, please contact your healthcare provider or go to the nearest hospital.
Please carefully read these Terms of Use. They are a legal agreement between you and Medical Laboratories of Windsor (“MLW”). If you do not agree to these Terms of Use, do not use online result services provided by MLW.

1. NO MEDICAL ADVICE
Online results provided by MLW are intended to provide you with access to laboratory results ordered by your healthcare provider. They are not intended to provide you with any medical advice.
IF YOU HAVE QUESTIONS ABOUT YOUR TEST RESULTS OR MEDICAL CONDITION, CONTACT 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. MLW assumes no responsibility for how you use the information you obtain from online results provided by MLW. Obtaining your results online is not intended to be a substitute for discussing your results with your healthcare provider.

2. USE OF (MLW) ONLINE RESULTS
Any information obtained through your online results is for your personal, non-commercial purposes. You may not use this information for commercial, resale, data mining or similar data gathering methods. Obtaining online results provided by MLW is intended for patients 18 years of age or older.

3. CHANGES TO (MLW) ONLINE RESULTS
MLW may alter, suspend, or discontinue any aspect of their online results at any time, including its availability. MLW may also impose limits on certain features and aspects of online results or restrict your access to parts or all of online results without notice or liability. MLW may discontinue or change aspects of online results or its availability to you at any time.

4. REGISTRATION INFORMATION, ACCESS CODES AND PASSWORDS
The access code and password generated by MLW are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity using your access code or password, including but not limited to use of your password by any third party. MLW will not be responsible for any unauthorized use of your access code or password or any charges incurred through unauthorized use.

5. TERMINATION OF ACCESS TO (MLW) ONLINE RESULTS
MLW may, in its sole discretion, terminate or suspend your access to all or any part of online results provided by MLW at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of online results through MLW by others, may be grounds for termination of your access at the sole discretion of MLW.

6. “AS IS” BASIS
MLW online results 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 these online results is at your sole risk. You agree that MLW assumes no liability if the online results are unavailable at any time, or for the timeliness, or for any failure to deliver or store any laboratory test results or other content.

7. WARRANTY DISCLAIMER
To the extent permitted by law, MLW disclaims all representations, warranties, or conditions regarding online results through MLW, 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. MLW does not represent or warrant that the online results will be accurate, complete, reliable or current, or operate error free or uninterrupted or 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 MLW is not responsible for any interruption or suspension of online results, regardless of the cause of the interruption or suspension.

8. LIMITATION OF LIABILITY
To the extent permitted by law, in no event will MLW 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 online results provided by MLW. 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.

9. INDEMNITY
You agree to defend, indemnify and hold harmless MLW, 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 online results provided by MLW, 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. MLW 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.

10. PRIVACY AND CONFIDENTIALITY
MLW is aware of the importance of protecting your privacy. 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 a privacy policy, trained our professional, technical and support staff about our policies and practices and we have appointed a Chief Privacy Officer to ensure our compliance throughout the company. 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 and during disposal and destruction.

11. CHANGES TO THESE TERMS OF USE
MLW may modify these Terms of Use at any time. If you do not agree to any modifications, you should not use online results provided by MLW. Your continued use now, or 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.

12. GOVERNING LAW AND DISPUTES
These Terms of Use 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 online results through MLW or these Terms of Use, 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 MLW 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 the online test results or these Terms of Use.
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.

13. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and MLW and govern your use of online results provided by MLW, superseding any prior agreements between you and MLW with respect to online results provided by MLW.

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


15. 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 online results provided by MLW or these Terms of Use must be commenced within one year after such claim or cause of action arose.

16. SEVERABILITY OF TERMS
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






Close