Terms of Use

IF YOU HAVE AN EMERGENCY, OR NEED TO SPEAK TO SOMEONE URGENTLY, CONTACT YOUR HEALTHCARE PROVIDER, GO TO THE NEAREST HOSPITAL OR CALL 911. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TREAT YOURSELF BASED ON ANYTHING PROVIDED ON DYNACARE PLUS.

A. NO MEDICAL ADVICE AND THIRD PARTY SERVICES

DYNACARE PLUS IS INTENDED TO PROVIDE USERS OF THE WEBSITE WITH ACCESS TO LABORATORY RESULTS ORDERED BY THEIR HEALTHCARE PROVIDER. DYNACARE PLUS IS NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL ADVICE. FOR ADVICE ABOUT YOUR TEST RESULTS OR YOUR MEDICAL CONDITION, ASK YOUR HEALTHCARE PROVIDER. HEALTHCARE PROVIDERS WHO ARE LICENSED TO PRACTISE MEDICINE OR GENERAL HEALTHCARE IN YOUR JURISDICTION HAVE SPECIALIZED MEDICAL TRAINING THAT ALLOWS THEM TO UNDERSTAND THE IMPLICATIONS OF THE TEST RESULTS BASED ON YOUR SPECIFIC MEDICAL HISTORY, AND TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING SUCH TEST RESULTS. 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 WEBSITE IS INTENDED TO BE GENERAL IN NATURE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR A VISIT TO YOUR HEALTHCARE PROVIDER. ANY INFORMATION WHICH YOU OBTAIN FROM THIS WEBSITE MIGHT BE INAPPROPRIATE FOR YOUR OWN SITUATION OR MIGHT BE MISINTERPRETED. DYNACARE ASSUMES NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION YOU OBTAIN FROM THIS WEBSITE.

DYNACARE PROVIDES YOU THE RESULTS OF TESTS YOU REQUESTED SO YOU CAN SHARE THEM WITH THE HEALTHCARE PROVIDER WHO PRESCRIBED OR REQUISITIONED THEM. THE TEST RESULTS PROVIDED ARE SIMPLY DATA, PROVIDED FOR INFORMATIONAL PURPOSES ONLY. DYNACARE NEVER GIVES ANY OPINIONS OR DIAGNOSES THAT ARE OR COULD BE BASED ON THOSE RESULTS, EVEN IMPLICITLY. ONLY A QUALIFIED AND AUTHORIZED HEALTHCARE PROVIDER CAN INTERPRET YOUR TEST RESULTS TAKING INTO CONSIDERATION YOUR MEDICAL DATA AS WELL AS OTHER PARTICULAR FACTORS OF WHICH THE HEALTHCARE PROVIDER IS AWARE. YOU ARE RESPONSIBLE FOR DISCUSSING YOUR RESULTS WITH THE HEALTHCARE PROVIDER 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 PHYSICIAN CAN GIVE YOU MORE INFORMATION ABOUT THIS.

DO NOT USE THE EMAIL OR OTHER COMMUNICATION OPTIONS PROVIDED TO YOU BY DYNACARE FOR QUESTIONS ABOUT YOUR LABORATORY RESULTS. DYNACARE PLUS IS NOT A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT WITH YOUR HEALTHCARE PROVIDER. NEVER CHANGE OR STOP ANY COURSE OF TREATMENT WITHOUT FIRST CONSULTING YOUR HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR HEALTHCARE PROVIDER BEFORE STARTING ANY NEW TREATMENT, DIET OR EXERCISE PROGRAM.

Reliance on any information on Dynacare Plus is solely at your own risk.

IN SOME INSTANCES YOU MAY HAVE THE OPTION TO CONNECT TO OR ACCESS THIRD PARTY WEBSITES AND SERVICES FROM THE PLATFORM, INCLUDING THE SERVICES OF A HEALTHCARE PROVIDER ("THIRD PARTY SERVICES"). THESE THIRD PARTY SERVICES ARE NOT UNDER DYNACARE'S CONTROL, AND YOU ACKNOWLEDGE THAT DYNACARE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THIRD PARTY SERVICES AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, INTEGRITY, QUALITY, USEFULNESS, LEGALITY, APPROPRIATENESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH THIRD PARTY CONTENT OR ANY OTHER ASPECT OF THIRD PARTY SERVICES, INCLUDING THE TERMS AND CONDITIONS OF THIRD PARTY SERVICES. DYNACARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, ANY THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DYNACARE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH THIRD PARTY SERVICES. YOU USE ANY THIRD PARTY SERVICES AT YOUR OWN RISK. YOUR DEALINGS WITH THE PROVIDER OF ANY THIRD PARTY SERVICES ARE SOLELY BETWEEN YOU AND THE PROVIDER. IF YOU HAVE ANY ISSUES WITH A THIRD PARTY SERVICE, YOU MUST CONTACT THE PROVIDER OF THE THIRD PARTY SERVICE DIRECTLY.

You may use Dynacare Plus for your personal, non-commercial purposes. You may not use Dynacare Plus for any other purpose. You are not permitted to make any resale, commercial or derivative use of Dynacare Plus, the tests sold via the Website, or use any data mining, robots, or similar data gathering and extraction methods. Dynacare Plus 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.

After you have placed an order on the Website, Dynacare will validate the information you have provided, by verifying your payment mode and your billing address. If the laws in force at the time of your order require that a test can only be performed on requisition of a physician, Dynacare reserves the right to require a copy of the necessary requisition when purchasing a test on the Website. In some cases, Dynacare may, through a license healthcare provider, provide you with a prescription or requisition. In all cases, it is your responsibility to retain a copy of any prescription or requisition provided. Please review our FAQ for instructions and information related to your specific test purchased.

Dynacare reserves the right to limit the quantities of tests that you can buy in the same order on Dynacare Plus. Dynacare also reserves the right to limit the distribution of certain tests according to the jurisdiction in which you reside. In other words, certain tests may not be available to you.

For all other users: Dynacare may modify, alter, suspend, or discontinue any aspect of these Terms of Use and Dynacare Plus, at any time, from time to time, including the availability of any Dynacare Plus service, feature or content, and membership fees. Dynacare may also impose limits on certain services, features and aspects of Dynacare Plus or restrict your access to any parts of or all of Dynacare Plus without notice or liability. Dynacare may discontinue or change Dynacare Plus or its availability to you at any time without notice, unless such notice is required pursuant to applicable law.

For users residing in the Province of Quebec: Dynacare may modify, alter, restrict, suspend or discontinue any aspect of these Terms of Use and Dynacare Plus, at any time, from time to time, including the availability of any Dynacare Plus service, feature or content, and membership fees, as well as the following clauses of these Terms of Use: (1) Important Notice, (2) Third Party Services, (3) Use of Dynacare Plus, (4) Placing Orders, (5) Changes to Dynacare Plus, (6) Extension and Renewal, (7) Registration Information, User IDs and Passwords, (8) Termination or Suspension of Access to Dynacare Plus, (10) Ownership of Dynacare Plus, (11) Trademark Notice, (12) 'As Is' Basis, (13) Warranty Disclaimer, (14) Indemnity, (15) Governing Law and Disputes, (16) Notices, (17) Waiver, (18) Assignment, (19) Contractual Limitation Period, (20) Severability of Terms, (21) Use of Dynacare Mobile App, (22) Corporate Sponsored or Workplace Wellness Programs, (23) Contact Us, (24) Linking. In the event these Terms of Use or any aspect of Dynacare Care is modified, altered, restricted, suspended or discontinued, Dynacare will notify users at least thirty (30) days before the amendment comes into effect. Such notice will be provided by posting the amended Terms of Use online, and by sending users written notice using their contact information on file and setting out: (i) the new clause, or the amended clause and how it read formerly, and (ii) the date on which the change will come into effect. Upon receipt of such notice, and if the amendment entails an increase in the users' obligations or a reduction in Dynacare's obligations, the users may refuse the amendment and cancel their membership without cost, penalty or cancellation indemnity, by sending Dynacare notice to that effect no later than thirty (30) days after the amendment comes into force, at the coordinates indicated in the notice. If users do not exercise their right to cancel their membership by sending Dynacare notice within thirty (30) days after the amendment comes into force, the users' continued use of Dynacare Plus at any time after such thirty (30) day delay has expired will constitute consent to be bound by the amended Terms of Use.

Your membership to Dynacare Plus is subject to an automatic renewal upon the day that follows the expiration date of your subscription, as indicated in your confirmation email or on your Dynacare Plus account, provided that there may be circumstances where membership is offered free of charge and does not automatically renew upon expiry of the offer and in those cases, you will be advised of same. At least 30 days but not more than 90 days before these Terms of Use expires, Dynacare shall deliver to you a written notice using your contact information on file, which contains the required information under applicable laws about the renewal.

These Terms of Use and related or referenced agreements shall be deemed not to be renewed or extended if you notify Dynacare before the time for renewal or extension that you do not want to renew or extend, in the manner indicated in our renewal notice or by otherwise contacting us or canceling via your Dynacare Plus settings (see section 8 below).

Your user ID and password used to access Dynacare Plus, as well as the answers to the security questions completed as part of your registration with Dynacare Plus, are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on Dynacare Plus by users using your ID or password, including but not limited to use of your password by any third party. Dynacare will not be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use. If you suspect that your account has been accessed by an unauthorized user, please contact please contact our Dynacare Plus Customer Care Team at 855.748.1115.

Dynacare may, in its sole discretion, terminate or suspend your access to all or any part of Dynacare Plus at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use and the 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 Dynacare Plus or access to Dynacare Plus by others, may be grounds for termination of your access to all or part of Dynacare Plus at the sole discretion of Dynacare. Termination of Dynacare Plus includes deletion of your user ID, password and all related registration information and files associated with or inside your account or user profile.

If you decide to cancel or suspend your Dynacare Plus account, login to the Website, go to My Settings and follow the instructions to Cancel Membership. If you decide to re-instate your account on a future date and want to access your historical information, login to the Website with your username/email address and password and follow instructions to make an online payment, if applicable. Your information (including personal information and personal health information) will be available within our systems after cancelling or suspending your service for a limited time; after which, your information will be securely deleted from Dynacare Plus and cannot be recovered or restored.

If you decide to purge the information in your Dynacare Plus account, please contact our Dynacare Plus Customer Care Team at 855.748.1115. Upon purging, your account and all information associated with your account will become inaccessible and an email will be sent to you confirming that we have deactivated your Dynacare Plus account and deleted your personal health information records contained therein, including, without limitation, your lab results stored on Dynacare Plus. Upon deletion, your original account with your personal information and personal health information cannot be recovered or restored.

Please visit our General Questions about Dynacare Plus section within Frequently Asked Questions (FAQs) for more information on account cancellation and purging.

Your Rights under the Consumer Protection Act, 2002 (Ontario)

You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the contact information set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). O. Reg. 17/05, s. 28 (3).

As between you and Dynacare, Dynacare is and will remain the sole and exclusive owner of all rights, title and interest, including copyright and all other intellectual property rights, in and to Dynacare Plus, all of the technology used by Dynacare to provide Dynacare Plus, any software provided directly or indirectly by Dynacare for your access to or use of Dynacare Plus, and all information posted by Dynacare within Dynacare Plus, 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 Dynacare Plus and in accordance with these Terms of Use and 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.

Dynacare Plus, www.DynacarePlus.com, www.DynacarePlus.ca, Dynacare and www.Dynacare.ca are the trademarks and service marks of Dynacare. All other trademarks, service marks and logos used in this Website are the trademarks, service marks, or logos of their respective owners. Nothing on this Website should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Website without the express written permission of Dynacare or the third party that may own the trademark, service mark, or logo.

Dynacare Plus 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 access and use of Dynacare Plus is at your sole risk.

Dynacare endeavors to be as precise as possible on the Website. However, Dynacare does not guarantee that the content of the Website will be accurate, complete, reliable, up to date and/or error free. Dynacare reserves the right to modify any information found on the Website, to refuse or cancel any order and to correct any errors, inaccuracies or omissions on the Website, at any time and without any notice or liability, even after submission of an order and even if the order has been confirmed and / or if your credit card has been charged. In the event that your credit card has already been debited and your order is canceled by Dynacare, Dynacare will reimburse you for the full amount debited, by the original payment method.

To the extent permitted by law, Dynacare disclaims all representations, warranties or conditions regarding Dynacare Plus, 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. Dynacare does not represent or warrant that Dynacare Plus will operate error free or uninterrupted or that Dynacare Plus 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 Dynacare is not responsible for any interruption or suspension of Dynacare Plus, regardless of the cause of the interruption or suspension.

You agree to defend, indemnify and hold harmless Dynacare, and its affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives, from any losses, damages or claims, without limitation actual legal fees, which they may suffer from your activities on or use of Dynacare Plus, including without limitation any breach by you of these Terms of Use and 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. Dynacare 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.

FOLLOWING CLAUSE DOES NOT APPLY TO USERS IN QUEBEC. Dynacare, and any of its affiliates, licenses, partners and suppliers, and directors, officers, employees, agents and representatives, shall not be liable to you for:

• any indirect, incidental, consequential, punitive or exemplary damages; and/or
• that portion of the direct damages arising from or relating to this agreement that exceeds an amount equal to the aggregate fees you have paid for Dynacare Plus in the twelve (12) month period prior to the date such claim arose.

For users residing in the Province of Quebec: These Terms of Use are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You agree to be subject to the exclusive jurisdiction of the competent courts of Quebec, judicial district of Montreal for all disputes arising out of or in connection with Dynacare Plus or these Terms of Use, or in respect of any defined legal relationship or matter associated therewith or derived there from.

For all other users: 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 Dynacare Plus 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 Dynacare 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 Dynacare Plus 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.

Dynacare may provide you with notices, including those regarding changes to these Terms of Use, by postings on Dynacare Plus, or by email.

The failure of Dynacare to exercise and enforce any right or provision of these Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision.

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

THIS CLAUSE DOES NOT APPLY TO USERS RESIDING IN THE PROVINCE OF QUEBEC: 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 Dynacare Plus or these Terms of Use must be commenced within one year after such claim or cause of action arose.

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.

In addition to these Terms of Use, the following shall apply to your use of the Dynacare Plus mobile app. You are deemed to accept these additional Terms of Use by downloading the Dynacare Plus mobile app (whether for iOS or Android devices):

• The Dynacare Plus mobile app is designed as a native application for iOS and Android, and retrieves and displays data, including personal health information via API calls; as such, the mobile app does not permanently store any personally identifiable information, either locally on your tablet or smartphone, or remotely on any server.
• The Dynacare Plus mobile app may interface with third party health and wellness apps through Apple Health Kit and Google Fit, in order to collect and access personal health information, including fitness and wellness data stored locally. We are not responsible for and do not offer any guarantees on the accuracy, currency or reliability of the information from third-party apps and/or devices. Dynacare Plus does not transmit this information from your device to Dynacare or to third-party health and wellness apps, services and devices.
• You may choose to enable biometric authentication (e.g., Apple Touch ID or Face ID) to verify your user ID on the Dynacare Plus mobile app via a biometric mechanism on your device. If you no longer wish to authenticate via biometric mechanisms, you may choose to opt out at any point via the settings. Please visit the Frequently Asked Questions (FAQs) for more information about how to set up or opt out of biometric authentication.

You may be granted access to Dynacare Plus through your employer or employer's affiliate. You have the option to use and access Dynacare Plus as prescribed by your employer or employer's affiliate. In all events, we will not collect your personal information from your employer or employer's affiliate if you have not consented to its collection, use and disclosure through your employer or employer's affiliate.

You may cancel or suspend your service at any time (See Section 8. TERMINATION OR SUSPENSION OF ACCESS TO DYNACARE PLUS), and your decision to cancel or suspend your service should not impact your participation in other elements of your corporate sponsored or workplace wellness programs if it is not related to, connected to or integrated with Dynacare Plus.

Please visit our Workplace Wellness Programs section within Frequently Asked Questions (FAQs) for more information about Corporate Sponsored or Workplace Wellness Programs.

If you have any questions related to Dynacare Plus and/or these Terms of Use, please contact Dynacare at 1-855-748-1115 Monday to Friday from 8 a.m. to 4 p.m. EST or by visiting our Contact Us page. Dynacare's mailing address is 115 Midair Court, Brampton, Ontario, L6T 5M3.

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