Terms and Conditions - Silent Salesman

Version 3.0 – Last Updated: May 16, 2023

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TapLabs Corp.(“company”, “we”, “us”, or “our”), concerning your access to and use of www.taplabs.ca as well as our mobile device applications, web platform and any other media form related, linked, or otherwise connected thereto (collectively, the “Portal”). You agree that by accessing the Portal you have read, understood, and agree to be bound by all of these Terms and Conditions.

Supplemental terms and conditions or documents that may be posted on the Portal from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes, or modifications to these Terms and Conditions at any time and for any reason. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Portal after the date such revised Terms and Conditions are posted.

The information provided on the Portal is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Portal from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

The Portal is intended for registered users who are at least 18 years old. Persons under the age of 18 are not permitted to register an account on the Portal, however, appointments may be made for persons under 18 years old by a registered user.

Intellectual property rights

Unless otherwise indicated, the Portal is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Portal (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and under consolidated federal laws of Canada. The Content and the Marks are provided on the Portal “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Portal and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without or express prior written permission.

Provided that you are eligible to use the Portal, you are granted a limited license to access and use the Portal and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Portal, the content and the Marks.

Charges

You agree to pay the amounts charged for services provided by us (“Charges”). Charges include blood and specimen collection fees, surcharges, and applicable taxes, plus any gratuities paid to the Laboratory Technician. TapLabs has the authority and reserves the right to determine and modify Charges by posting such changes on the Portal. Please review the services and corresponding fees on the Portal before booking a service. You are responsible for all Charges incurred under your user account regardless of your awareness of such Charges or the amounts thereof. All Charges will be in Canadian dollars.

TapLabs may quote you a service Charge at the time of your appointment request. The Charge is subject to price adjustments and additional charges following the appointment in the following scenarios:

Incorrect service type
Incorrect number of persons to be tested in an appointment
Additional required surcharges including Travel and Parking and Additional Requisitions

Charges and fees

Service Fee. You may be charged a “Service Fee” for services outlined in the Portal.
Late Cancellation/Reschedule Fee. You may cancel or reschedule an appointment in the Portal at any time after the appointment is made, up to 12 hours before your scheduled appointment time. Appointments cancelled or rescheduled less than 12 hours from scheduled appointment time will be charged a $50 late fee.
No Show and Non-Compliance Fee. You may also be charged the full service fee if you fail to show up on time for your appointment or fail to comply with our appointment requirements. Please review the details of the Cancellation Policy in the following section.
GST/PST/HST. All amounts payable hereunder are subject to applicable goods and services taxes/provincial taxes/harmonized taxes (GST/PST/HST).
Gratuity. Following your appointment, you will be prompted to provide a review and rate your service experience, and the option to provide a gratuity for services delivered. All gratuity amounts will be disbursed to your Laboratory Technician or other health care professional.

Cancellations, abandoned and incorrect appointments

Appointment cancellations can be processed by signing into your TapLabs user account on the Portal and following the necessary steps. Cancellation fees are as follows:

Cancellation of an ASAP Appointment (same-day appointment) will result in a $50 Cancellation fee.
Cancellation or Rescheduling of a Scheduled Appointment can be made anytime BEFORE 12 hours of the appointment time, with no charge to the credit card on file. Cancellation or rescheduling of appointments within a 12 hour window of the scheduled appointment time will result in full 100% service fees charged to the credit card on file.
Forgotten, abandoned, denied, or refused appointments will be charged a full 100% of the requested service fee to the credit card on file.
Incorrect appointment information provided and confirmed by you (incorrect address, incorrect date, incorrect time) may be charged the full service fee to the credit card on file. Some exceptions may apply.

Laboratory results

TapLabs will not have access to or be responsible for delivering or communicating laboratory test results to you in respect of a general requisition. Laboratory results are confidential and are made available to your ordering physician directly by Alberta Precision Laboratories. Please contact your physician for any questions regarding your laboratory results. TapLabs will directly provide you with results for other tests that do not require a requisition ordered by a physician.

Right of refusal

TapLabs is committed to ensuring the health and safety of its customers and employees/contractors. Laboratory Technicians and other health care professionals may decide to refuse an appointment if unsafe conditions are believed to exist upon arrival to a service location. Refusal or cancellation of appointments under these circumstances will result in a full 100% service charge to you. Unsafe conditions include, but are but not limited to, the following:

Physical or verbal abuse or threatening behavior is encountered
Pets are not secured, kenneled or removed from collection area
Small children are unsupervised to the extent that they may interfere with the collection process
Pest infestation is present (Example: mice, bed bugs, scabies, lice or cockroaches)
Unsafe areas (e.g. isolated area, poor lighting, no cell phone coverage)
Weapons present
Patient injury as the result of a violent crime
Internal and external home environment is deemed unsafe or physical hazards are observed (e.g. sidewalks not shoveled, poor maintenance or sanitation, presence of mold, poor lighting)
Chemical or biological hazards are present (e.g. patients or others are not abstaining from smoking, animal feces or illegal drugs present).

User representations

By using the Portal, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 18; (5) you will not use the Portal for any illegal or unauthorized purpose; and (6) your use of the Portal will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your TapLabs account and refuse any and all current or future use of the Portal (or any portion thereof).

User account registration

You will be required to register a user account within the Portal. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Restricted activities

With respect to your use of the Portal, you agree that you will not:

Impersonate any person or entity;
Stalk, threaten, or otherwise harass any person;
Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
Post information or use the Portal in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
Systematically retrieve data or other content form the Portal to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Portal, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Circumvent, disable, or otherwise interfere with security-related features of the Portal;
Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage destroy or limit the functionality of the Portal and any software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Use the Portal as part of any effort to compete with us or otherwise use the Portal and/or the content for any or commercial enterprise;
Cause any third party to engage in the restricted activities above.

Guidelines for reviews

We may invite you to leave comments, reviews or ratings. When posting a review or comment, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed: (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to pose reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Portal (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submission for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third party websites and content

The Portal may contain (or you may be sent via the Portal) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Portal or any Third-Party Content posted on, available through, or installed from the Portal, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of our contained in the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Portal or relating to any applications you use or install from the Portal. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third- Party content or any contact with Third-Party Websites.

Site management

We reserve the right, but not the obligation, to: (1) monitor the Portal for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible ) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Portal in a manner designed to protect our rights and property and to facilitate the proper functioning of the Portal.

Term and termination

THESE TERMS AND CONDITIONS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE PORTAL. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PORTAL (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PORTAL OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME, WITHOUT WARNING IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Insurance, appointment fees and liability

TapLabs does not accept any form of private insurance as payment. All payments are “fee for service” and are the responsibility of you or the ordering party. A valid credit payment method is required to schedule, confirm, and secure an appointment with TapLabs. Fees for services are priced as marked and agreed upon by using the TapLabs Portal.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Portal at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Portal without notice at any time. We will not be liable to you are any third party for any modification, price change, suspension, or discontinuance for the Portal.

We cannot guarantee the Portal will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related work to the Portal, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Portal at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Portal during any downtime or discontinuance of the Portal. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Portal or to supply any corrections, updates, or releases in connection therewith.

Governing law

These Terms and Conditions and your use of the Portal are governed by and interpreted in accordance with the laws of the Province of Alberta. Any dispute arising hereunder will fall within the exclusive jurisdiction of the Alberta Courts.

Corrections

There may be information on the Portal that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Portal at any time, without prior notice.

Disclaimer

THE PORTAL IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PORTAL AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PORTAL’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PORTAL AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FORM MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PORTAL, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION ANDOR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES (CONTRACTED OR OTHERWISE), OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PORTAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors, employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) use of the Portal; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Portal with whom you connected via the Portal. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the Portal for the purpose of managing the performance of the Portal, as well as data relating to your use of the Portal. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Portal. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.