These Terms and Conditions (“Terms”, “Terms and Conditions”) governs our Client’s (“you”, “your”) relationship with the Veriport website (the “Service”) operated by Verify Diagnostics Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
You will be entitled to phone and email support available Monday-Friday, 9:00 AM to 5:00 PM EST, at no additional cost.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Veriport is a subscription based service billed on a month-to-month basis with no contract. The Service will be automatically billed monthly to the credit card that is on file. The account administrator is responsible for all users that subscribe to Veriport using their account and the additional subscription cost(s) if applicable. The Service may be cancelled at any time with 30 days notice provided. Under no circumstance will a refund be issued.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Veriport and are protected by copyright, trademarks, database and other intellectual property rights. Any use of the Service’s intellectual property is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Veriport or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Veriport.
Veriport has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Veriport shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Retention of Data
Veriport will retain the data linked to your indefinitely while your account is active. Upon cancellation or termination of your account this data may be permanently erased and irretrievable after 60 days. The data linked to your account may also be kept for archival purposes or because another Veriport user had been previously granted access to this data and needs to retain it for record keeping purposes, e.g. a medical review officer.
Copy of Data
If you require a copy of the data linked to your account, Veriport will provide an export directly from our database. This option is not included with your support plan and will incur a fee based on the complexity and size of the data you wish to retrieve.
Access to Data
Only those authorized by you may have access to the data linked to your account. Authorized persons may be your account’s users or other account’s users that you have authorized to access your data, e.g. a medical review officer.
If you, or any of your authorized users, inquire with or request support assistance from the Service, it is implied that you have given consent to access to your account and its data for support purposes only.
The Service imports data from a number of different laboratories and has no control over changes or modifications made by the laboratory or errors in the laboratory data. The Service will endeavour to accommodate changes made by the laboratories but cannot guarantee that those future changes or modifications made by the laboratory will be compatible with the Service.
Use of Anonymous Data
Veriport reserves the right to use non-specific, non-private, anonymous user or test data in any way it chooses. Non-specific and non-private anonymous user data will not include any personal or company information or any other identifying information such as control, accession, specimen or form identification numbers.
The purpose of the use of this data is for statistical modelling, mapping or reporting purposes. Veriport will never share, use or sell any private, confidential or identifying information.
You agree to indemnify, defend and hold harmless Veriport, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you upload to the Service; (d) errors importing or downloading data from laboratories and the interpretation thereof; and (e) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means
Limitation Of Liability
Veriport, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Veriport makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Veriport its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Veriport chooses not to immediately act, or chooses not to act at all, Veriport will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Veriport does not waive any of its rights. Veriport shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
All notices to the Vendor under this Agreement are to be provided at the following address:
D-122 Commerce Park Dr.
Barrie, ON, L4N 8W8