Terms of service

Last updated: Sept 27, 2024

Acceptance of the Terms of Use

These website terms and conditions of use (the “Terms of Use”) apply to your use of the websites operated by Switch Health Holdings Inc. (“Switch,” “we,” “us,” “our”) and Switch Health Solutions Inc., namely: www.switchhealth.ca, https://portal.switchhealth.ca/en/, and any of our related websites and platforms (collectively, the “Websites”), and govern your access to and use of (i) the Websites, including any content and functionality offered on or through the Website; and (ii) the Services (as defined below) provided by Switch, or an affiliate or partner of Switch.
BY USING THE WEBSITES OR SERVICES OR BY REGISTERING AN ACCOUNT, OR BY EXPRESSLY AGREEING TO THESE TERMS OF USE IN THE MANNER PROVIDED ON THE WEBSITES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE, AND YOU ACKNOWLEDGE OUR PRIVACY POLICY FOUND AT https://switchhealth.ca/en/legal/privacy-policy/. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITES OR THE SERVICES.
READ THESE TERMS OF USE CAREFULLY. AMONG OTHER THINGS, THESE TERMS OF USE CONTAIN VARIOUS DISCLAIMERS OF LIABILITY AND LIMITATIONS OF LIABILITY FOR THE BENEFIT OF SWITCH AND ITS REPRESENTATIVES. THE WEBSITES AND SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. YOU SHOULD NOT DISREGARD, OR DELAY IN SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS OR DOES NOT APPEAR ON THE WEBSITES OR BASED ON THE SERVICES. IF YOU BELIEVE YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 9-1-1 IMMEDIATELY OR PROCEED TO YOUR NEAREST HOSPITAL.
THE CONTENTS OF THE WEBSITES DO NOT CONSTITUTE MEDICAL ADVICE AND DO NOT REPLACE OR SUBSTITUTE THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

Age of Majority and Eligibility

You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Switch and, to the extent you purchase any Services, you meet all of the eligibility requirements for such Services. If you do not meet such age requirements, you must not access or use the Websites and our Services. If you do not meet such eligibility requirements, you must not purchase or use the relevant Services.

Modifications to the Terms of Use and to the Websites

The Terms of Use are effective on the earlier of the date a) you first access and use the Websites and Services, b) you register an account, or c) you expressly agree to these Terms of Use in the manner provided on the Websites. Your access to and use of the Websites will be governed by the Terms as they exist at the time of such access and use and a new contract is formed in each instance based on the then current Terms of Use, which may be different from previous versions of these Terms of Use. We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all continued access to and use of the Websites and Services. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The Websites and the information and material contained on the Websites may be changed, withdrawn, suspended or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites is restricted to users or unavailable at any time or for any period.

Your Use of the Websites

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Websites. Users are required to ensure that all persons who access the Websites through a user’s internet connection are aware of these Terms of Use and comply with them. The Websites, including content or areas of the Websites, may require user registration. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete.
You may register an account on the Websites. You are responsible for maintaining the confidentiality of all the information associated with your account, including but not limited to any username, password, any personal information, as well as information provided to you by Switch as part of our security procedures. You must exercise caution when accessing the Websites from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with an account, your account is personal to you and you agree not to disclose to any other person or entity your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. You represent and warrant to Switch that you have not misrepresented any information that you have provided to Switch in connection with your account. You are solely responsible for all activities that occur under your account. You shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with the use of the Websites and the Services, including those related to data privacy, international communications and the transmission of technical or personal information.
We reserve the right at any time and from time to time, to disable or terminate without prior notice your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
You are prohibited from attempting to circumvent and from violating the security of the Websites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Websites owner’s ability to monitor the Websites; (f) using any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Websites.

Intellectual Property Rights and Ownership

You understand and agree that the Websites and the entire contents, features, and functionality of the Websites, including, but not limited to, all information, documentation, files, reports, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (collectively, “Website Content”), are owned by Switch, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Certain names, logos, icons, designs, words, titles, slogans and phrases on the Websites including “Switch Health” may constitute trademarks and trade-names of Switch or its affiliates or licensors (“Switch Marks”) and are protected in Canada and internationally. You must not use any Switch Marks, in whole or in part, without the prior written permission of Switch. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on, the Websites (“Third Party Marks”) are the trademarks of their respective owners. The display of the Switch Marks and Third Party Marks and associated products and services on the Websites does not convey or create any license or other rights therein. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You agree that your use and access to the Websites and Services are only for lawful purposes, for your personal and non-commercial use, and in accordance with the Terms of Use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Website Content, in any form or medium whatsoever except:
  • your computer and browser may temporarily store or cache copies of the Website Content being accessed and viewed; and
  • one single user copy of certain Website Content, where expressly indicated on the Websites by Switch, may be downloaded with any proprietary notices intact, for your own personal, non-commercial use.
Users are not permitted to modify copies of any Website Content nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Website Content.
Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. If you print off, copy or download any part of our Websites in breach of these Terms of Use, your right to use the Websites and Services will cease immediately and you must, at our option, return or destroy any copies of the above materials in your possession. You have no right, title, or interest in or to the Websites or to any Website Content, other than the rights expressly granted under these Terms of Use, and all rights not expressly granted are reserved by Switch.

Conditions of Use and User Submissions and Site Content Standards

You warrant and agree that, your use of the Websites, and any and all content, material, and information you submit, post, publish, display, or transmit to the Websites (“User Content”) shall not:
  • in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • in any manner violate this Terms of Use, the terms of use of any third-party website that is linked to the Websites, including but not limited to, any third-party social media website;
  • be exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Switch’s sole discretion;
  • be false, inaccurate, or misleading;
  • impersonate or attempt to impersonate Switch, a Switch employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
  • transmit, or procure the sending of, any advertisements or promotions, or otherwise encourage any sales or other commercial activities through the Websites, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  • encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites and Services, or which, as determined by us, may harm Switch or other users of the Websites or expose them to liability;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act; or
  • give the impression that the materials that you submit originate from or are endorsed by us or any other person or entity.

Grant of Licence of User Content

You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a world-wide, royalty free, fully paid up, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Content for the purpose of fulfilling your order placed with us and providing the Services.
By submitting User Content that contains your personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, found at https://switchhealth.ca/en/legal/privacy-policy/, as amended from time to time (the “Privacy Policy”). We may share your personal information and test result with applicable governmental authorities in accordance with applicable law.
By submitting any other User Content, you represent and warrant that you own or have the necessary rights to submit such User Content and have the right to grant the foregoing licence thereof to us and our affiliates, service providers, and our and their respective licensees, successors and assigns. If the User Content contains personal information of another individual, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose the personal information in your User Content in accordance with our Privacy Policy.

Site Monitoring and Enforcement, Suspension, and Termination

Switch has the right, without provision of notice to:
  • remove or refuse to accept any User Content you submit for any or no reason in our sole discretion;
  • at all times, take such actions with respect to any User Content you submit deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms of Use or applicable laws;
  • take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Websites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, personal information or other information of any user of the Websites; and
  • terminate or suspend your account and your access to all or part of the Websites or Services for any or no reason, including, without limitation, any violation of these Terms of Use or applicable laws.
YOU WAIVE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SWITCH AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE “REPRESENTATIVES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SWITCH AND ANY REPRESENTATIVES RELATING TO ANY INVESTIGATIONS OF YOUR USE OF THE WEBSITES AND SERVICES BY EITHER SWITCH, ANY REPRESENTATIVES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Websites or its use, and do not and cannot undertake to review material that you submit to us. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on our Websites is provided for general information purposes only and are not intended to replace the advice of your physician or other qualified healthcare provider. The Websites do not provide medical advice and do not create a healthcare provider/patient relationship between you and Switch or otherwise. You should obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Websites. The content posted on the Websites is not intended to be a comprehensive or definitive statement concerning the matters therein addressed, or medical, pharmaceutical, therapeutic, or other professional or expert advice, and should not be relied upon as such. In no way should such content be construed as a recommendation of, or as an offer to purchase or sell, or the solicitation of an offer to purchase or sell, any drug, therapy, device, supplies or other products or services. You are advised to seek independent professional advice before acting on any content provided on the Websites or on any linked sites or any information provided through the Services.
The Websites may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Switch, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Switch. Neither Switch nor its Representatives has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Third-Party Websites

For your convenience, this Websites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Websites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of use of such third-party sites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to (i) suggest any form of association or affiliation between you and Switch, (ii) suggest any form of approval or endorsement by Switch regarding you or any other person or any products or services without Switch’s prior consent; (iii) misrepresent the relationship of you and any other person with Switch or present false or otherwise misleading information about Switch; and (iv) contain materials that may be interpreted as distasteful, harmful, offensive or inaccurate. Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the homepage. We reserve the right to withdraw linking permission without notice.

Terms of Use of Sale

All orders, purchases or transactions for the sale of information, goods or services, including clinic testing services, at-home self-collection and self-testing kits, related screening administration and any in-person or virtual appointments (collectively, the “Services”) through the Websites or in-Person at a Switch clinic are subject to the terms of this section, which form part of the Terms and Conditions. By placing an order for Services, you agree to the following:
  • Your use of the Websites includes the ability to make purchases of Services electronically. You agree to contract with Switch electronically and to receive electronic communications concerning your order at the email address and phone number that you provide to us.
  • You agree to pay in full all amounts (including, without limitation, all applicable taxes) payable for any orders placed by you. Payment is required at the time an order for Services is placed. Payment may be made through the use of any of the payment cards listed on the Websites. Services’ prices are in Canadian dollars, and do not include applicable taxes. An applicable amount of taxes will be applied at checkout and shall be payable by you along with the Services’ price. Prices, and any other applicable fees are subject to change at any time.
To place an order through the Websites you must be at least the age of majority in the province in which you reside. For certain Services that are restricted to specific users, you must first provide your responses to a series of screening questions before you are qualified to place an order. Not all Services will be available in all locations and Service quantities may be limited. We may, in our sole and absolute discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same payment card, and/or orders that use the same billing and/or delivery address. In the event that your order cannot be completed or fulfilled, you will be notified accordingly and to the extent your order can only be partially fulfilled, the total amount for that order charged to you will be reduced accordingly. Online ordering may be subject to additional terms associated with specific Services, which will be presented to you during the checkout and before the order is finalized.
To place an order, select your desired Services and quantities from the Websites and then add them to your cart. You may edit your cart at any time prior to placing your order. After you have made your selection, you will be asked to provide the shipping address and select a payment method. Once you have made your selections and provided the required information, you may place your order. It is your responsibility to ensure that all of your order details, including shipping and billing address(es) and all other required order information, are current, complete and accurate. Upon receipt of payment, Switch will confirm the order electronically with you at the email address that you provide in the order form.

SELF COLLECTION AND SELF TESTING KITS REFUND POLICY

The following policy applies for purchases made through SwitchHealth.ca. Products purchased through unauthorized resellers are not eligible for any refund, cancellation, or replacement. In order to be eligible for a refund, cancellation, or replacement from purchases made on SwitchHealth.ca, customers must provide proof of purchase.
Please reach out to our Customer Care Team and provide your order number for any request.

HOME COLLECTION KITS

If your order has not shipped, you are eligible for a 100% refund of your SwitchHealth.ca order.
If your order has shipped, all sales are final, and we do not offer refunds.
In the event of a device malfunction, kit defect, missing shipments, or damaged specimen, the Customer Support Team can issue a replacement kit once the qualifying criteria have been met. To qualify for a replacement kit for reason of malfunction or kit defect, customer must provide adequate photographic proof to the Customer Care Team in support of their claim.
If Collection Kits become damaged due to customer not following instructions in the Kit, Switch Health is unable to provide a refund or replacement kit.
All Collection Kits must be registered and returned to the lab within 6 months of purchase. In addition, unregistered kits expire after 6 months. Any samples that are delivered to the lab after this time will not be processed. We are unable to provide a replacement kit due to expiration.
Switch reserves the right to cancel the order at any time and for any reason. In the event that Switch cancels your order, Switch will contact you at the email address that you provide. Cancellations will be processed by refunding the amounts that you have paid for the order to the payment card that you used to pay for the order. Refunds are typically processed within 5-10 days of cancellation, but may not appear as a credit on your payment card until the next payment cycle following the date of cancellation. You acknowledge and agree that Switch will not be responsible or liable to you in relation to any delay or error by your bank or card issuer in crediting your payment card account. You agree that, apart from providing the refund described above, Switch will have no liability to you for orders that are cancelled by Switch.

PAYMENT

Payment for online orders must be made with an accepted credit or debit card. Once you have placed an order using your payment card and the order has been approved your bank or card issuer will issue an authorization on your payment card and your payment card will be charged for the full amount of your order, including any additional charges such as taxes.
Payment made by credit card and debit card maybe billed and processed by a third-party payment processing agent. You hereby consent to our collection, use and disclosure to such payment processing services of your financial information, payment card information, banking details and transaction information as necessary to process payment for your orders. The permitted payment method may be changed or discontinued at any time. You are responsible to ensure that all of your billing information is current, complete, and accurate.
We reserve the right to change, add to or withdraw Services and promotions at any time upon notice on the Websites. In the event of any errors relating to the pricing or specifications of our Services or promotions, Switch may refuse or cancel any orders at its sole discretion. If we charged your payment card prior to order cancellation, we will request that your bank or card issuer issue a credit to your account.
Upon completing your online order, you will receive an order confirmation through the Websites and an email confirmation, delivered to the email you provide us, which you may review, save or print at your discretion. Each order confirmation will include an order number along with other information regarding your purchase, such as Services ordered and amount paid.

SWITCH’S RIGHT TO VERIFY

Without limiting the generality of any other section of these Terms of Use, Switch reserves the right to limit or refuse any order you place through the Websites. Further, we reserve the right to verify the validity of all orders any time and for any reason at our absolute and sole discretion and/or cancel any order if we find evidence of fraud and/or any other violation of these Terms of Use. We reserve the right to require you to provide proof of identity (in a form acceptable to Switch) (i) for the purposes of verifying the legitimacy of any order and/or other information, and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of these Terms of Use.

FOLLOWING INSTRUCTIONS FOR SELF-COLLECTION KITS

If you purchased self-collection kit, you are required to register an account on the Websites through https://portal.switchhealth.ca/en/ and follow the instructions provided by the Websites and within the self-collection kit.
If you do not follow the instructions within your kit your result may not be definitive.
When your results are ready you will receive a text on the phone number provided during registration and you will be required to log on to your patient profile to receive your results.
If you require medical advice or counseling in addition to the services that are provided by Switch, you should seek the advice of your physician or other qualified healthcare provider. In some events, an employee or contractor of Switch may contact you regarding a test result, product or Service that you have purchased.

Product Specific Disclaimer and Terms

HPV COLLECTION KIT

This HPV Collection Kit must only be used under, and in accordance with, the instructions provided by the Websites. Switch Health is not responsible for any harm resulting from the incorrect use of this HPV Collection Kit.
This HPV Collection Kit is strictly intended for the self-collection of specimens for laboratory processing for the purpose of preliminary screening for high-risk genotypes of human papillomavirus (HPV), including high-risk genotypes HPV 16 and HPV 18/45.
This HPV Collection Kit and screening do not diagnose cervical cancer and do not provide a complete picture of cervical cancer risk. You are recommended that you have routine cervical cancer screenings and gynecological exams and consult your physician or other qualified healthcare provider to obtain a complete analysis of your cervical cancer risk.
THE RESULTS OF THE HPV COLLECTION AND SCREENING ADMINISTERED OR OVERSEEN BY SWITCH HEALTH ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN, OTHER QUALIFIED HEALTHCARE PROVIDER OR 911 IMMEDIATELY, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IN YOUR AREA. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON OUR WEBSITES OR BASED ON THE RESULTS OF THE HPV COLLECTION AND SCREENING.
If you are under the age of 18, or pregnant, or are within three months post-partum, the HPV Collection Kit cannot be used. You should consult with and obtain advice from your physician or other qualified healthcare provider.
If you are experiencing any of the following symptoms -- pain in lower abdomen; fever; unusual or heavy vaginal discharge; pain/bleeding during intercourse; or painful or frequent urination – we strongly recommend you first consult with your physician or other qualified healthcare provider and obtain medical advice before using the HPV Collection Kit.
In the event that your test result is abnormal or raises any concerns, you should consult with your physician or other healthcare provider and consider performing additional diagnostic testing under the instructions of your physician or other qualified healthcare provider.

STI COLLECTION KIT

This STI Collection Kit must only be used under, and in accordance with, the instructions provided by the Websites. Switch Health is not responsible for any harm resulting from the incorrect use of this STI Collection Kit.
This STI Collection Kit is strictly intended for the self-collection of specimens for laboratory processing for the purpose of preliminary screening for sexually transmitted infections, specifically Chlamydia, Gonorrhea, and Trichomoniasis.
This STI Collection Kit and screening does not cover all sexually transmitted diseases. You are recommended that you have routine screenings and exams and consult your physician or other qualified healthcare provider to obtain a complete analysis of your sexual health.
THE RESULTS OF THE STI COLLECTION AND SCREENING ADMINISTERED OR OVERSEEN BY SWITCH HEALTH ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN, OTHER QUALIFIED HEALTHCARE PROVIDER OR 911 IMMEDIATELY, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IN YOUR AREA. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON OUR WEBSITES OR BASED ON THE RESULTS OF THE STI COLLECTION AND SCREENING.
If you are pregnant or there is a chance you may be pregnant, it is strongly recommended that you do not use the STI Collection Kit and instead seek in-person care to avoid any potential adverse outcomes to your pregnancy or potential pregnancy.
If you are engaging in high-risk sexual activity (some circumstances that may increase your risk include; if you are a sex worker, or engaging in sex with sex workers, men engaging in sex with men, intravenous drug use or sex with partners using intravenous drugs, or unprotected sex with multiple partners) we recommend that you seek in-person care or speak to your healthcare provider as you may benefit from additional testing or treatment.
If you are experiencing symptoms of a sexually transmitted infection, you can still proceed with the STI Collection Kit, however it is strongly recommended that you seek in-person evaluation as your symptoms may result from a more serious medical condition. Lack of timely and appropriate treatment may result in adverse health outcomes. Common symptoms may include: sores or bumps on the genitals or in the oral or rectal area; painful or burning urination; discharge from the penis; unusual or odorous vaginal discharge; unusual vaginal bleeding; pain during sex; sore, swollen lymph nodes, particularly in the groin but sometimes more wide spread; lower abdominal pain; fever; or rash over the trunk, hands or feet.
In the event that your test result is abnormal or raises any concerns, you should consult with your physician or other healthcare provider and consider performing additional diagnostic testing under the instructions of your physician or other qualified healthcare provider.

Geographic Restrictions

We provide the Websites for use only by persons located in Canada. The Websites is not intended for use in any jurisdiction where its use is not permitted. If you access the Websites from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimers

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, INCLUDING THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. NEITHER SWITCH NOR ITS REPRESENTATIVES HAS ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITES AND THE SERVICES. THE WEBSITES, INCLUDING THE WEBSITE CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, NEITHER SWITCH NOR ITS REPRESENTATIVES MAKES ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITES, THE WEBSITE CONTENT OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SWITCH NOR ITS REPRESENTATIVES REPRESENTS OR WARRANTS THAT THE WEBSITES, THE WEBSITE CONTENT, OR, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES, THE SERVER THAT MAKES THEM AVAILABLE, OR THE FILES AND DATA AVAILABLE FOR DOWNLOADING FROM THE WEBSITES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITES AND YOUR HARDWARE, SOFTWARE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SWITCH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR HARDWARE, SOFTWARE, INTERNET ACCESS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITES.

FORCE MAJEURE

Without limiting the foregoing Disclaimer of Warranties, Switch is not liable for any delay or failure in the performance of the Websites or Services caused by events beyond the control of Switch such as, but not limited to, acts of God or the public enemy; civil war; insurrections or riots; fires; floods; explosions; earthquakes or serious accidents; unusually severe weather; epidemics or quarantine restrictions; strikes or labour troubles causing cessation, slowdown or interruption of work; excessive traffic delays and other similar events, or a delay in performance of a subcontract by a subcontractor.

DISCLAIMER OF TESTING RESULTS

You acknowledge that in a certain number of cases with laboratory processing, there can be incidences of false-positive and false-negative results. For example, a person with a negative test result could actually have a condition despite the results of the test, or a person with a positive test result could be free from a condition even though the results of the test indicated they do have such condition. All positive results are diagnostic and are verified by a medical laboratory technician for physician follow-up.
Switch can not guarantee and is not responsible or liable for any results that are provided, or where no results are provided, if (i) the instruction in the kit are not reviewed and followed properly; (ii) the individual does not sign up to the Websites to complete the self-collection kit; (iii) the steps to package and ship the specimen are not followed exactly as instructed by the Websites; (iv) the packaged and shipped specimen is lost or damaged due to no fault of Switch; or (v) errors are made in following the advice and instructions provided to you by the Websites.
THE WEBSITES AND THE RESULTS OF ANY TESTING SERVICES ADMINISTERED OR OVERSEEN BY SWITCH ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN, OTHER QUALIFIED HEALTHCARE PROVIDER OR 911 IMMEDIATELY, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IN YOUR AREA. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANYTHING YOU HAVE SEEN OR READ ON OUR WEBSITES OR BASED ON THE RESULTS OF ANY TESTING SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWITCH OR ITS REPRESENTATIVES, INCLUDING ANY HEALTHCARE PROFESSIONALS OR OTHER HEALTHCARE PROVIDERS INVOLVED IN PROVIDING THE SERVICES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SWITCH WAS ALLEGEDLY ADVISED OR HAD REASONABLE REASON TO KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE IS OTHERWISE FORESEEABLE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OR INABILITY TO USE OR RELIANCE ON THESE TERMS, THE WEBSITES (INCLUDING ANY LINKED OR THIRD-PARTY WEBSITES) AND SERVICES SHALL NOT BE MORE THAN THE GREATER OF EITHER: (I) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE RELEVANT CAUSE OF ACTION ARISING; OR (II) $100.00. THE LIMITATION OF LIABILITY IN THIS PROVISION SHALL APPLY REGARDLESS OF THE NATURE, TYPE OR FORM OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LIABILITY.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Switch and its Representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees and costs) arising out of or relating to your breach of these Terms of Use or your use of the Websites and Services, including, but not limited to, User Content that you provide and any use by you of the Website Content other than as expressly authorized in these Terms and Conditions. You acknowledge and agree that the Representatives are third party beneficiaries of this “Indemnification” provision and that, as a result of your acceptance of these Terms of Use: (i) you acknowledge that Switch acts as trustee for the Representatives with respect to all rights arising in favour of any such Representative and that Switch has agreed to accept such trust and hold and enforce such rights on behalf of each such Representative; and (ii) the Representative will have the right to enforce this “Indemnification” provision against you as a third party beneficiary of this “Indemnification” provision.

Governing Law and Choice of Forum

The Websites and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Websites or the Services and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No waiver of or consent to depart from the requirements of any provision of this Agreement shall be binding against either party unless it is in writing and is signed by the party giving it. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use, in whole or in part, operates, or may be construed, as a waiver or forfeiture thereof, neither in the specific instance nor on a continuing basis. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms of Use and all applicable terms and conditions provided to you on the Websites constitute the sole and entire agreement between you and Switch regarding the Websites and Services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

The Websites are operated by Switch Health Solutions Inc. with its corporate address at 5100 Spectrum Way , Mississauga, ON L4Z 2G6.
Should you become aware of misuse of the Website, including libelous or defamatory conduct, please report it to Switch at contact@switchhealth.ca.
You may also contact Switch at contact@switchhealth.ca or 877-966-6531 regarding any of the following:
  • to provide notice of claims of copyright infringement;
  • to provide feedback, comments, requests for technical support, and other communications relating to the Websites and Services;
  • to submit a question regarding your order of the Services.