Terms and Conditions

This website (the “Site”) is owned and operated by 1191849 B.C. Ltd. (d.b.a as Rapid Kit and hereafter referred to as the “Company”, “we” or “us”) By viewing, visiting or accessing the Site, you agree to be bound by these Site Terms and Conditions (the “Site Terms”). We reserve the right to update and change the Site Terms from time to time. Your access to the Site following any such change constitutes your agreement to follow and be bound by the Site Terms as changed.

You must read, agree and accept all of the Site Terms before you view, access or visit the Site. If you do not agree to the Site Terms, you agree you will not view, access or visit the Site.

These Site Terms includes and incorporates by reference the following agreements and policies as they may be in effect and modified from time to time: the Refund Policy and the Privacy Policy.

1 INTRODUCTION

1.1 These Site Terms, the Refund Policy, the Privacy Policy, and any other policies and terms and conditions set out on the Site (collectively the “Terms”) sets out the terms and conditions on which the Company offers you access and use of the Site, the Account and the User Profile.

2 THE SERVICES

2.1 The Company is in the business of selling COVID-19 rapid tests (the “Products”).

2.2 We do not make any promises or guarantees regarding the continuation of any of the Products or current features or functionality of the Site and reserve the right to modify or terminate the sale of the Products for any reason, without notice. We will not be liable for any modification or termination of the sale of the Products.

3 THE PRODUCTS

3.1 We cannot guarantee the availability of any products listed on the Site

3.2 All prices shown are shown in Canadian dollars and before any applicable tax, handling charges and shipping charges, unless otherwise stated.

3.3 We reserve the right to limit quantities and to correct errors or omissions prior to processing a purchase request.

3.4 While we will use best efforts to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on the Site and any information included is subject to change by us at any time for any reason. Without limiting the generality of any other terms and conditions on the Site, we do not accept liability for any errors or omissions which may be found on the Site or for unavailability of any product. If the Product appears with any incorrect information including pricing, quantity and availability, we reserve the right to cancel any orders placed for the Product.

4 THE ACCOUNT

4.1 To access and use certain portions of the Site, you represent that you have reached the age of majority in your jurisdiction and have the ability to enter into a legally binding agreement under the applicable law.

4.2 To purchase the Products you must either register for an account (“Account”) or create a temporary user profile which will allow you to purchase the Products as a guest (“User Profile”).

4.3 When registering for the Account or User Profile, you agree to provide true, accurate and complete information and to immediately inform us if any information requires change, is incorrect or outdated. We are not required to verify the identity or the authority of the User. You agree and acknowledge that we will be relying on such information for communication and the sale and delivery of the Products.

4.4 We reserve the right to decline a registration to create an Account or User Profile for any reason, at our sole discretion.

4.5 When you register for an Account or User Profile, it may be subject to additional verification. We reserve the right to request further information or documents from you and any third party, including government or legal documents, to confirm your identity, the information provided to us, your authorization to act on behalf of a company and your ownership of the Account or User Profile.

4.6 The person or entity registering for the Account or User Profile will be the contracting party (the “User”) and will be the one authorized to purchase the Products.

4.7 If you are registering for an Account on behalf of a company, the company will be the User, and you represent and warrant that you have the authority to bind the company to our Terms.

4.8 One Account is allowed per User. You agree not to rent, lease, transfer, assign, provide access to, or sublicense the Account to any third party. Sharing of accounts is prohibited and may be considered a breach of the Terms by us.

4.9 We may cancel any unverified Accounts or User Profile without any further notice to you.

5 USING THE ACCOUNT

5.1 You are responsible for keeping your Account and password secure. We will not be responsible for any loss or damage from your failure to maintain the security of your Account.

5.2 You agree to immediately contact us if you believe there is unauthorized use of your Account or your Account information is lost or stolen. We will not be responsible for any unauthorized access of your Account or for any loss or damage.

5.3 You are solely responsible for all comments and reviews posted and any activities undertaken by the Account ( the “User Content”) regardless whether such activity was undertaken by you or by another party. We reserve the right to remove any User Content at any time if we determine in our sole discretion are unlawful, unauthorized, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties’ intellectual property or the Terms.

6 GENERAL RESTRICTIONS ON USE

6.1 In connection with your use of the Site, you agree not to:

(a) post or upload any User Content that violate the Terms, and any applicable law and regulations;

(b) manipulate another User’s Content and Account;

(d) post false, inaccurate, misleading, deceptive, defamatory, libelous, vulgar, discriminatory, illegal, pornographic, or obscene User Content;

(e) infringe the copyright, trademark, patent and any other intellectual property rights of the Company, any User and any third party;

(f) take any action that may undermine or affect the feedback and comment system;

(g) collect or store personal data about other Users;

(h) stalk, harass or harm any other User;

(i) suggest, encourage, entice, divert any Users to any competing business of the Company;

(j) directly or indirectly promote or advertise another website, service or business;

(k) conduct any fraudulent activity;

(l) interfere with or disrupt the integrity or performance of the Site;

(m) use any data mining, gathering and extraction tools, robot, spider or any other means to gain unauthorized access to the Site, a User Account, a User Profile, our networks, systems, data and information; and

(n) distribute, store or transmit any viruses or malware.

6.2 If in our opinion, you are abusing the Account and/or the Site in any way, we may in our sole discretion limit, suspend or terminate your Account and your access to the Site. We may modify, terminate or refuse all or part of our Site to any User for any reason at our discretion.

6.3 We further reserve the right to monitor, censor, move, or remove any and all User Content posted and uploaded by you at any time and for any reason.

7 RELATIONSHIP WITH THE COMPANY

7.1 The Company provides the Site to Users to enable them to purchase the Products. This Agreement does not create any association, partnership, joint venture, employer or employee relationship between the Company and any User for any purpose.

8 PRIVACY POLICY

8.1 You consent to our collection, use and disclosure of information associated with your use of the Site and the registration for an Account or User Profile in accordance with our Privacy Policy located at https://rapidkit.ca/pages/privacy-policy.

9 INTELLECTUAL PROPERTY

9.1 You acknowledge that you are obtaining a non-exclusive, non-transferable, limited right to use and access the Site only in accordance with the provisions set out in the Terms and that no ownership rights are being conveyed to you.

9.2 The Site, the Products, the Accounts, the User Profile and any information, descriptions, explanations, graphics, programs and all related and underlying technology, tools, designs, methodologies, processes, applications, techniques, ideas, know-how and all derivative works, modifications, or improvements of the foregoing as well as any copyrights, trademarks, service marks and other intellectual property rights (collectively the “Company Property”), are the property of the Company, and if applicable, any third-party licensors or providers unless otherwise specifically stated. The Company, and third-party licensors reserve all rights, title and interest in and to such materials. Any future releases, updates or other additions to the Company Property will be subject to these Terms.

9.3 You agree you may not, and will not permit or assist any User and/or third party, to:

(a) reverse engineer, decompile or disassemble any of the Company Property and any and all related content, or otherwise seek to obtain the source code or non-public APIs to any of the Company Property;

(b) combine or integrate the Company Property with hardware, software or other technology or materials not provided by us;

(d) copy, reproduce, republish, upload, post, transmit, share or distribute in any manner the Company Property; and

(e) remove or obscure any copyright, proprietary or other notices contained in any Company Property.

10 SECURITY

10.1 We strive at all times to protect the security and privacy of any personal information provided to us. However you agree and acknowledge no measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. We make no assurances or guarantees regarding the security and safety of your information.

11 DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE AND PURCHASE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE SITE, THE PRODUCTS, THE ACCOUNT, THE USER PROFILE AND ANY AND ALL RELATED CONTENT, INFORMATION OBTAINED VIA OR AS PART OF THE SITE, THE PRODUCTS, THE ACCOUNT AND THE USER PROFILE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, SECURITY, USEFULNESS, COMPLETENESS OR LEGALITY ANY OF THE INFORMATION CONTAINED ON OR IN THE SITE, THE PRODUCTS, THE ACCOUNT AND THE USER PROFILE.

12 DISCLAIMER REGARDING PUBLIC HEALTH INFORMATION

12.1 WE EXPRESSLY DISCLAIM AND DISCLOSE AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:

12.2 You agree and acknowledge that we are not medical professionals and do not purport to provide general or personalized medical advice in any form. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any medical or health care information posted or otherwise available on or through the Site and the Product. We are not responsible for the content of any linked third party sites and assumes no responsibility or liability for the content and information on such third party sites. The information provided by us on the Site is for educational purposes only and is intended to provide general consumer understanding and we are not responsible for and will not be in any way liable to you or anyone else for any action or decision taken in reliance upon the information contained on the Site and the Product. You are responsible for reviewing and understanding all Product insert information and directions.

12.3 The information provided on the Site and the Products are not a substitution for proper medical advice. You acknowledge it is your responsibility to seek the advice of a qualified medical professional as necessary, and to fully understand any and all risks of using a COVID-19 Rapid Test before using the Product . If you have any concerns about your health, we strongly advise that you check with your healthcare provider.

13 LIMITATION OF LIABILITY

13.1 The Company nor any of its respective owners, directors, subsidiaries, affiliates, employees, agents, representatives, licensors and suppliers, and their respective directors, officers, shareholders, employees, agents and contractors are or will be liable for any damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the Site, the Account, the User Profile or any information therein contained This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, incidental exemplary, punitive , special and consequential damages, damages for loss of any kind howsoever arising and whether caused by contract, negligence, strict liability, arising out of or relating in any way to these Site Terms, the Agreement, the Site, the Account, the User Profile (or any content contained therein), including but not limited to lost revenue or income, loss of capital, pain and suffering, personal injury, emotional distress or similar damages and even third party claims, even if we have been advised of the possibility of such damages. You agree that your exclusive and sole remedy is to stop using the Site. You hereby waive any claim for damages.

14 INDEMNIFICATION

14.1 You agree to indemnify, defend and hold harmless the Company, its respective owners, directors, subsidiaries, affiliates, employees, agents, representatives, licensors and suppliers, and their respective directors, officers, shareholders, employees, agents and contractors harmless from any and all losses, claims, demands, actions, damages, loss, liabilities, fines, orders, penalties, costs, judgements, and expenses whatsoever (including any reasonable legal fees and disbursements) which may be paid by, incurred by, or asserted against us arising from or in connection with you use of the Site, whether such violation or activity is done by you or any other person accessing the Site using your devices or accounts.

15 FORCE MAJEURE

15.1 We will not be liable for any delay or failure to perform our obligations under the Terms where such delay or failure is due to fire, flood, explosion, war, embargo, terrorism, labour disputes, governmental action, acts of public authority, Acts of God, pandemics or any other cause beyond its control.

16 WAIVER

16.1 The failure by us to enforce or to exercise at any time or for any period, any term or any right pursuant to the Terms will not be construed as a waiver of any such term or right and will in no way affect that party’s right later to enforce or exercise it.

17 ASSIGNMENT

17.1 The Terms will be binding upon and enure to the benefit of the parties to the Terms and to their respective heirs, successors, permitted assigns and legal representatives. We will be permitted to assign these Terms without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without our prior written consent, to be given or withheld in our sole discretion.

18 SEVERANCE

18.1 If any term is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then such invalidity or unenforceability will not affect the other provisions of the Terms which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

19 COMMUNICATION

19.1 You acknowledge that we will use the email address provided to us as the primary means of communication and consent to us sending you any marketing, information or content to that email address.

20 ENTIRE AGREEMENT

20.1 These Terms and any other polices and additional terms and conditions agreed to constitute the entire understanding between the parties and will replace any and all previous agreements, arrangements, representations and contracts, whether verbal or in writing, express or implied.

20.2 We may insist upon strict compliance with the Terms, despite any previous custom, practice or course of dealing to the contrary.

21 GOVERNING LAW AND JURISDICTION

21.1 The Site can be accessed from all provinces and territories of Canada, as well as internationally from around the world. As each of these location’s laws may differ from those of the Province of British Columbia by accessing the Site, you agree that all matters relating to access to, or use of the Site is governed exclusively by the laws of the Province of British Columbia and the laws of Canada without regard to any conflicts of laws. Any claims under these Terms and other policies and terms and conditions otherwise related to the Site and the Products will be resolved by a court of competent jurisdiction in British Columbia.

21.2 Notwithstanding the above, you agree that we will be allowed to apply for injunctive remedies in any jurisdiction for any actual or alleged infringement of the Company, affiliates or any third party’s intellectual property or other proprietary rights.

21.3 Except as otherwise provided herein, you agree that any controversy or claim whether at law or equity, arising out of or related to the use and provision of the Site and the Products regardless of the date accrual of such dispute, will be resolved in its entirety by individual (not class-wide nor collective) binding arbitration under the provisions of the Arbitration Act of British Columbia. The costs of the arbitration, including any administration fee, the arbitrator's fee, legal fees and disbursements, and costs for the use of facilities during the hearings, will be borne by the party requesting arbitration. Judgment on any award may be entered in any court of competent jurisdiction. The arbitrator will not have any power to alter, amend, modify or change any of the Terms, our policies and any additional terms and conditions, nor grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator will not have the power to make any award or grant any remedy on the basis of equity. You agree that that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award will all be kept fully confidential and will not be disclosed to any other party, except to the extent necessary to enforce any arbitral award or other.