Acceptance of terms
In order to ensure that the CPAP.biron.com is used in a user-friendly, educational and safe manner, all users must accept the Terms of Use before they can access its content. Please read the following Terms of Use carefully before using the website.
This Terms of Use Agreement ("Agreement") is a legal agreement between you and Biron Health Group Inc. (acting on its behalf and on behalf of all its affiliates), which is the owner and operator ("we" and "Owner") of this website ("Website"). Subject to the following paragraph, the Agreement sets out the terms and conditions governing any use of the Website, whether of the password-protected area, or of the non-password protected area. It also sets out the terms of use for any written material and any other materials, either on the Website or available through it, including, without limitation, articles, text, photographs, images, illustrations, audio and video clips, software and computer code ("Content"). Your use of the Website constitutes your agreement to be bound by and comply with the Agreement. If you do not accept these Terms of Use, do not access or use this Website.
Because of the nature of the rights and obligations contained therein, some provisions of this Agreement apply only to the password-protected area of the Website. All other provisions apply to any use of the Website, whether to the password-protected area or, with the necessary modifications, to the non-password protected area.
Because protecting your privacy is a priority for the Owner, these terms of use also explain how we collect, use and disclose personal information submitted to us through the Website.
We may make changes to the Agreement from time to time. Any changes we make will be effective when we post the revised Agreement on this web page. If we make any significant changes to the Agreement, we will post a notice on our Website or contact you to inform you when required by law. By continuing to use our services after the modified version of the Agreement has been posted, you are accepting the changes to the Agreement, subject to any additional requirements that may apply. If you do not accept the changes to our Agreement, you must stop using our services. It is your responsibility to ensure that you read, understand and accept the latest version of the Agreement. The “Effective Date” at the top of this Agreement indicates when it was last updated.
Warning and important information please read carefully
Medical emergencies
DO NOT use this Website for medical emergencies. If you have a medical emergency, call a doctor, a qualified healthcare practitioner, or 911 immediately. Under no circumstances should you attempt to treat yourself based on anything you have seen or read on this Website.
General information is not medical advice
The information on this Website is for your general information only. The Content of this Website is not intended, in any case whatsoever, to be a substitute for professional medical advice, diagnosis or treatment and cannot replace them in any way. Each case bears its own particularities. Always seek the advice of a physician, or other qualified healthcare practitioner properly licensed to practise medicine or general healthcare in your jurisdiction, concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or someone else. Never disregard professional medical advice or delay in seeking a medical consultation because of something you have read on this Website. Only a health professional can confirm that an information contained on this Website can apply to your own situation. Always seek the advice of your physician or other healthcare practitioner before starting any new treatment, diet or exercise program. Information obtained by using this website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatments. Be advised that the human body pictures contained on this Website do not represent anatomical charts certified by health professionals, as they only are simplified images being used as a reference only, to provide you with a friendly use of this Website. We recommend to refer to reliable sources for more complete information and to consult your physician or another health professional for any particular question you may have in relation to your health condition.
Test Results
We send the results of tests you requested to you, so you can share them with the healthcare practitioner who prescribed them. We strongly believe our clients should have as much health-related information as possible, so they can manage their health independently. The results you view when you log into the password-protected area of the site are simply data, provided for informational purposes only. We do not give (even implicit) opinions or diagnoses that are or could be based on those results. Only a qualified healthcare practitioner can interpret your test results and take into consideration your medical data, as well as other particular factors of which the practitioner is aware. The benchmarks we provide for certain outcomes are aligned with relevant practice standards. These benchmarks are the reference limits for the results observed in 95% (or 99%, in rare cases) of normal patients who have no disease or condition that could affect the test which produced these results. In other words, one out of twenty normal patients will get results slightly outside the benchmark. Some test results are strictly qualitative (positive, negative, trace, etc.) and do not have a numerical benchmark. No conclusion whatsoever may be drawn from your positioning within these benchmarks. Only your treating physician can interpret this positioning. You are responsible for discussing your results with the practitioner who prescribed the tests and making any decisions that you deem appropriate.
After you log in to the password-protected area of the Website, the results of the tests you requested are available in different formats: a PDF report and a table in our Results Portal. If there should be a discrepancy in one or more results for the same test, done on the same date, between the PDF report and the Results Portal, the results in the PDF report always take precedence. The values in the PDF report are also the ones that are sent to the healthcare practitioner who prescribed the tests.
Information Privacy & Confidentiality Policy
Scope and Application: This section of the Agreement applies to services offered through the Website. It only pertains to the personal information of individuals who are past, current or future users of the Website.
*“Personal information” *means any information, recorded in any form (text, graphics, sounds, images, digital content or other) about an identifiable individual. Information about a company or a corporation is not considered personal information.
This section applies specifically to personal information held by or under the control of the Owner, including information that is transferred to third parties for storage or processing.
Consent: Users must give voluntary and informed consent to the collection, use and disclosure of their personal information, and it must be given for specific purposes. Depending on the nature and sensitivity of the personal information, the consent may be explicit (i.e., given verbally, in writing or electronically) or implicit (i.e., when users voluntarily provide personal information). The Owner usually obtains users’ consent to the collection, use and disclosure of their personal information when such information is collected, except in cases and under conditions specified by law.
A user may withdraw consent at any time, subject to legal and contractual restrictions and reasonable notice. If a user chooses to withdraw consent, Biron may no longer be able to provide him/her with certain products or services.
Collection and Use of Personal Information: We only collect personal information that is related to transactions arising from the dealings we have with Website users. For example, we may have to collect personal information when a user makes an appointment or sends us a prescription by email.
Personal information collected may include information establishing your identity, such as first and last name, address, phone number, email address, gender, height and weight, health insurance number, as well as health information, such as all or part of your medical record, a medical certificate that includes a diagnosis (or not), whether or not you consulted a doctor or other healthcare practitioner, the date of the consultation, drugs taken and prescriptions issued. In order to comply with the applicable legislation, you may be asked to prove you are over 14 years of age. You can of course refuse to provide this personal information. However, please note that, if you do so, you may not be able to use the services offered on the Website.
We usually collect personal information from the users themselves. However, we may also collect personal information about users from third parties with their consent, or without their consent if permitted by law, such as when third party collection is necessary to ensure the accuracy of information provided, and if said third party is authorized to disclose the users’ personal information.
We may use the personal information provided by users in order to:
• identify and communicate with them in order to establish and maintain an ongoing business relationship;
• provide ongoing service, such as when users make appointments or send prescriptions by email;
• improve the range of products and services we offer;
• protect against error and fraud;
• meet the requirements imposed by law or implement audit procedures.
Personal information will not be used for purposes other than those previously mentioned, without the prior consent of the user in question or in cases and under conditions specified by law.
Disclosure of Personal Information: We acknowledge that, except in the cases outlined below and under the conditions specified by law, when personal information is disclosed to a third party, said disclosure requires the consent of the user in question.
In accordance with applicable laws, we may disclose personal information about users of the Website without the user’s consent, to the following parties:
• to the Owner’s attorneys;
• to a person or body empowered to compel disclosure of such information in the exercise of its duties, including for the purpose of responding to subpoenas, court orders or legal process concerning the production of records;
• to a legally constituted body responsible for investigating, preventing, or taking action regarding crime or illegal activities that requires such information in order to prosecute violations of the law;
• to any other person who requires that information as required by law.
The Owner’s employees may access personal information without the user’s consent, but this access is strictly limited to persons who require this information in order to carry out their professional duties. Unauthorized access to personal information or the unauthorized disclosure of personal information by the Owner’s employees is strictly prohibited and will result in disciplinary action.
The Owner may also share personal information, without the consent of the user in question, with its agents, representatives, consultants, database managers, and other service providers, if such information is necessary for them perform functions for or on its behalf. In all cases, personal information may be used solely for the purposes of providing specific services and must be kept confidential in accordance with this Website’s Terms of Use.
In the event that personal information is transferred to a third party operating in a foreign jurisdiction, under the laws of that jurisdiction it is possible that third parties may have access to personal information without obtaining the consent of the user in question.
Accuracy and Security: The Owner has implemented measures to safeguard the personal information in its custody against loss, theft, and unauthorized access, disclosure, copying, use, or modification regardless of the format in which it is held.
These safeguards include reasonable physical, organizational and technological measures depending on the sensitivity of the information and the intended use, amount and format in which the information is held.
The Owner has also implemented measures to ensure that all managers and employees are aware of privacy protection provisions and comply with them at all times.
The Owner has put in place reasonable measures to keep the personal information in its custody or under its control accurate, complete and current. However, it is your responsibility to inform the Owner of any significant changes that may occur during your dealings with the aforementioned party to the personal information you have provided to it.
The Owner keeps personal information only as long as is needed to fulfill the purposes for which it was collected, meet the legal retention requirements and help it satisfy its legitimate business interests.
Access and Corrections: At your request, and subject to the applicable legal restrictions, we will provide you with access to your personal information, so that you can review what we have stored. If it is inaccurate, incomplete or misleading, or if its disclosure or storage is not authorized by law, you may request corrections to it.
The Owner will respond to any request for access and/or corrections no later than thirty days following receipt of the written request. Where the request is denied, it will inform you of the reasons for non-disclosure.
Security – Computer Viruses
YOU ACKNOWLEDGE AND AGREE THAT INTERNET BROWSING CARRIES INHERENT RISKS AND THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME WILL OCCUR. THE OWNER DOES NOT GUARANTEE THE SERVICES AND/OR ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, REGULAR, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading any material and/or data.
Cookies
Cookies: A cookie is an alphanumeric identifier that the Owner transfers to your computer via your Web browser when you visit the Website and that is stored on your computer's hard drive. We use cookies to recognize you when you return to the Website and to improve the Website’s performance. Cookies enable us to automatically collect user-profile data, such as the computer’s IP address and operating system, Internet service provider, date and time of the visit, previous website visited and that provided a link to the Website, as well as any content viewed and/or downloaded on the Website. Like most websites, the Website uses session cookies and persistent cookies that are saved on the user's computer. Persistent cookies are cookies that remain on your hard drive once your browser is closed.
We use Google Analytics and HotJar, amongst others, which are services that use cookies to analyze your use of our Website, generate reports for us on the activities of visitors to our Website, and provide other services related to the use of the Website and the Internet. This information is not transmitted to us in a form that can identify you.
Among other uses, the information collected by using cookies allows us to adapt Website content, target ads to user preferences, and collect statistics on visitor usage in order to improve the Website. Although most browsers are initially set to accept cookies, the Help portion of the toolbar on most browsers will tell you how to configure your web browser in order to delete existing cookies from the computer hard drive, allow or block cookies, or be notified before a cookie is stored. However, if cookies are blocked, some content or features of the Website may not function as expected. Biron recommends users visit the Network Advertising Initiative website or Google's Ads Settings, or read the instructions or Help section of their browser for more information on this topic.
No endorsements
Unless specifically stated and except with regard to its own products and services, the Owner does not promote, recommend or endorse any particular brand of product or service, procedure or any other information that appears or that is advertised on the Website. The information that is posted on this Website in relation to the products offered is being supplied for informative purposes only. If you have any specific question concerning this information, you must consult your treating physician.
Acceptable topics for email communication
The Owner does not wish to use the Website to communicate with users (a) regarding medical issues; and (b) to establish doctor-patient relationships. E-mails on these topics will remain unanswered and will be deleted unread. If you wish to contact the Owner about medical, account or other issues, please do so by phone, fax or mail as specified on the Website.
Disclaimer of warranties
The Website and its Content is provided "AS IS" and "AS AVAILABLE". While the Owner tries to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and its Content including, without limitation, no representation, warranty, condition, or covenant regarding (i) the merchantability and/or fitness for a particular purpose, including medical purpose, of Website Content, or Content available through it, or any other material on the website or available through it, (ii) that the Website and its content will be accurate, complete, current, reliable, timely or suitable for any particular purpose of the Website or its content, (iii) that the operation of the Website will be uninterrupted or error free, (iv) that defects or errors in the Website or its Content, be they human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to and from the Website will be secure and/or not intercepted.
The Owner reserves the right to revoke any offer posted on this Website, to annul any order and to correct any error, inaccurateness or omission on this Website, at any time, even after the submission of an order, even if the order has been accepted and/or if your credit card has been debited. If your credit card was already debited and that your order is annulled, we will refund the debited amount by using the same payment facility as the original payment.
You acknowledge that internet browsing carries inherent risks and you agree to assume them, to the complete exoneration of the Owner, You acknowledge and agree that your access to and use of the Website and its Content are entirely at your own risk and liability. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading any material and/or data.
Limitation of liability
In no event shall the Owner, its officers, directors, employees, agents, licensors and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, exemplary or punitive, incidental or consequential damages including, without limitation, loss of profit or business opportunity, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or its Content, or your inability to use the Website, regardless of the cause of the loss, and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Website. The articles, opinions, advice, references or information provided in this site, whether through this Website or its hyperlinks, are the responsibility of their authors and not of the Owner. The Website’s content and hyperlinks are for general informational and educational purposes only and should not be taken as expert advice. Under no circumstances shall the Owner, its officers, directors, employees, agents, licensors and their respective successors and assigns be liable for any injury, loss or damage (including direct, special, indirect, exemplary or punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third party, and (ii) any access, use, reliance upon or inability to use any materials, content, products or services located at, or made available through, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the owner knew of or ought to have known of the possibility of such damages.
Copyright
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party credited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website and site Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Website and its Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific content and this Agreement, the terms of the specific licence shall govern.
Trademarks
The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website are registered or unregistered trademarks of the Owner or third parties. While certain third-party trademarks may be used by the Owner under license, the display of such trademarks on the Website does not imply any relationship or license between the Owner and the owner of the trademark, nor does it imply that the Owner either recommends or endorses the products, services or business processes of the said trademark’s owner.
Linking
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party website or the content thereof. Unless expressly stated, the Owner 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 purpose 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
While the Owner encourages links to the Website, it does not wish to be linked to any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation, (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national or international laws or regulations which may be damaging or detrimental to the activities, operations, credibility or integrity of the Owner, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. At the Owner’s request, you agree to remove any link you may have to the Website.
Registration
In order to access certain Website features, you may have to create an account. In registering on the Website, you agree (i) to provide true, accurate, current, and complete information on all registration forms; and (ii) to maintain and promptly update the registration information to keep it true, accurate, current, and complete. If the Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Website, or to any portion thereof. The Owner’s use of all personally identifiable information that you provide as part of the registration process is governed by the Collection and Use of Your Personal Information section.
Passwords
Access to the content and services offered on certain portions of the Website require users to create a username and password. Before accessing these portions of the Website, you must identify yourself by entering your username and password.
You are responsible for maintaining the confidentiality of your account’s password and ensuring that you exit from your account at the end of each session. You are responsible for all activities that occur under your account.
You must notify the Owner immediately of the loss, theft or any unauthorized use of your username or password. The Owner will not be liable for any loss or damage arising from or in connection with our failure, or your failure, to protect your password and account information.
Tools
The tools and calculators provided on the Website are for general information purposes only. They are not intended as a substitute for professional medical advice and cannot replace them in any way. You should not act or abstain from acting based on any information provided by any tool or calculator that may be available on this Website.
Security
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Website. Users are solely responsible for any damage to their computer system or loss of data that results from uploading and/or downloading any material and/or data from the Website or elsewhere.
Modification to the Website
The Owner reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. The Owner shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where this Website or any of the Content may violate any applicable laws or regulations. You agree not to access or use this Website in such jurisdictions. You agree that you are responsible for complying with all applicable laws and regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Chat rooms and discussion forums
Scope and application: This part of the Agreement applies to the Website’s chat rooms and discussion forums. The Website’s general Terms of Use still apply to these services, with the necessary modifications.
Prohibitions: Chat rooms and discussion forums are made available to users so they can communicate directly with the Owner’s representatives or other users, if applicable. Using chat rooms and discussion forums for other purposes, including (without limitation) for commercial or advertising purposes, is strictly prohibited.
Users are required to exercise discretion at all times when using chat rooms and discussion forums to post content, including personal information about themselves. The Owner has no control over information users may post and this content remains the sole responsibility of the poster.In some cases, we prohibit users from transmitting personal information through chat rooms and discussion forums on the Website. Where applicable, users must at all times comply with the instructions communicated via the interface of the chat rooms or the discussion forum regarding the nature of the information that they are authorized to provide.
Without limiting the generality of the foregoing, all users are strictly prohibited from:
• submitting, posting or publishing through chat rooms or discussion forums, words or content that could be considered unlawful, threatening, abusive, aggressive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or otherwise objectionable;
• collecting, using and disclosing personal information about other users without their express consent;
• anonymously using chat rooms and discussion forums;
• impersonating another person;
• using another user’s log-in information to access chat rooms and discussion forums;
• uploading or otherwise making available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, or any computer, device or other technology associated with the Website;
• using chat rooms and discussion forums in such a way as to adversely affect the Owner’s activities in general and the Website in particular.
• to transmit personal information when it goes against the instructions communicated by the Owner via the chat rooms or the discussion forum in question.
Penalties: The Owner reserves the right to monitor chat rooms and discussion forums and to review any live or pre-recorded content to ensure the quality of the information and services provided, and to ensure it complies with the Agreement.
If a user breaches any of the terms and conditions applicable to the chat rooms and discussion forums the Owner may, without notice, remove any comment, information, image, video or hyperlink posted by the user. The Owner may also restrict or block a user's access to chat rooms and discussion forums.
The Owner may discontinue its chat rooms and discussion forums at any time.
Governing law and jurisdiction agreement
This Website is operated by the Owner from its offices within the Province of Quebec, Canada.
All matters relating to your access or use of this Website and its Content shall be governed by the laws of the Province of Quebec, without regard to the rules of conflict of law. You agree to be subject to the exclusive jurisdiction of the competent courts of Quebec with respect to all matters relating to your access and use of this Website and its Content as well as any dispute that may arise therefrom, and that the applicable law shall be the law of the Province of Quebec and of the federal laws of Canada applicable therein.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Notice
Questions or comments regarding this Web site should be directed by e-mail to: boutique@biron.com
Termination
The Owner may, at its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of termination, you are no longer authorized to access this Website, or the part of this Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from this Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to you or any other party for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of this Website.
Authorization
By accepting, I agree to be bound by the Website’s Terms of Use and consent to the collection, use and disclosure of my personal information as outlined in the “Information Privacy & Confidentiality Policy” section.
If you have any questions about the foregoing, the use of your personal information or wish to request that we no longer use your personal information in any way, please write to us at:
Biron Groupe Santé inc.
4105-F, boul. Matte
Brossard (Québec) J4Y 2P4
514-866-6146
LDB:7720961v6
