Eve reserves the right to change any information, material or content (including, but not limited to, pricing, features and availability of Portal Services) contained on or provided through the Portal (the "Content") at any time, and from time to time, without notice.
Use of the Portal
All Providers are independent of Eve and independent contractors solely responsible for the provision of Health Services to you. All HAPs are employees of Eve and only provide Support Services that do not fall within the scope of practice of any regulated health profession. Eve is not engaged in the practice of medicine or any other regulated health profession. Neither Eve nor any other party associated with Eve (except for Providers) is liable for any Health Services provided to you by Providers. None of the Content (except as may be directly communicated to you by Providers) is medical advice or an endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular diagnosis, treatment or medication for you.
Neither the Health Services provided by Providers nor the Support Services provided by HAPs are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care professional, or as recommended by them, including for Services which may include or overlap with Health Services provided by Providers through the Portal.
In addition to the material risks and side effects that may be associated with a course of treatment or medication that is prescribed or recommended for you, there are potential material risks that are specifically associated with home-based sample collection and with Telemedicine and which may adversely impact the ability of the Provider to provide Health Services, including but not limited to (a) differences in sample performance, quality or stability compared to samples collected in-person by a licensed health professional, which may prevent the lab from processing your sample successfully or at all, or could result in errors (b) delays or complications related to shipping, both before or after sample collection, which could delay access to care or affect sample integrity (c) delays in evaluation, diagnosis or treatment resulting from the use of technology, including provision of non real-time Health Services (d) lack of access to your personal health records maintained outside the Portal (i.e., by your family physician or other primary care health professional), which may result in adverse drug interactions, allergic reactions, or other judgment errors (e) unauthorized collection, use or disclosure of your personal health information due to a security protocol breach or failure. By consenting to receive Health Services or Support Services using the Portal, you consent to these inherent material risks.
Privacy and Personal Health Information
You will be required to successfully sign up for a user account (the "User Account") on the Portal and be issued with a username and password login credentials by Eve ("User ID") in order to receive any Portal Services. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of the Portal, including account names or login credentials. Eve reserves the right to disable any User Account issued to you at any time at Eve’s sole discretion. If Eve disables access to a User Account issued to you, you may be prevented from accessing the some or all of the Portal.
Term and Termination
Fees / Payment
Like certain other health professional services, Healthcare Services accessed through the Portal are provided for a fee and are not covered by provincial health insurance. You or a responsible third party will pay applicable fees plus applicable sales or value added tax, as quoted in Canadian dollars, and are non-refundable and payable upon invoicing or demand from Eve. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save Eve harmless in respect of any such taxes. For clarity, however, Eve will not charge you any Fees for any Health Services that are insured under a provincial or territorial health insurance plan in Canada which you are entitled to receive at no cost to you as an insured person under any such plan.
No Unlawful or Prohibited Use
You will not, without Eve's prior written permission, use the Portal and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) "frame", "mirror" or otherwise incorporate the Portal or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Portal or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Portal or bypass or circumvent other measures employed to prevent or limit access to the Portal; (4) take any action that imposes, or may impose, in Eve’s discretion, an unreasonable or disproportionately large load on the Portal; (5) deep-link to any portion of the evekit.com portal; (5) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Portal or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Portal or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Portal or the Content; (8) use the Portal or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Eve and only in the exact manner specified and enabled by Eve; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Portal or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Portal or the Content; (11) create derivative works based on the Portal or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Portal or the Content; (12) use the Portal in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any content that violates such third-party rights; or (13) upload to or transmit through the Portal any Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Eve in its sole discretion.
Third Party Websites
The Portal may provide links to third party websites. Eve does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Eve's control, and if you choose to access any such web site, you do so entirely at your own risk.
Computers, Networks and Communications with the Portal
Eve is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Eve Portal. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Portal.
Eve does not guarantee the confidentiality of any communications made by you through the Portal. Although Eve and any third party service providers, make reasonable attempts to follow industry practices in securing the transmission of data to, from, or through the Portal, you understand, agree and acknowledge that Eve cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Portal.
DISCLAIMER AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE PORTAL AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PORTAL OR THE CONTENT IS AT YOUR OWN RISK. EVE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PORTAL OR THE CONTENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE EVE PORTAL, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, EVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PORTAL AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, IN NO EVENT WILL EVE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT EVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PORTAL OR THE CONTENT.
You acknowledge and agree that Eve does not provide medical advice, diagnosis, or treatment, and is strictly a supplier of services and technologies, or related infrastructure for connecting patients with independent third party Providers. You acknowledges and agree that the Providers using the Portal are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.
In particular, you agree to indemnify and hold harmless Eve, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
Not all of the products and services described on the Portal are available in all jurisdictions. Furthermore, nothing on the Portal constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Portal, or the Health Services available through the Portal, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
Governing Law and Jurisdiction
Entire Agreement, Waiver and Severability