Terms of Use

Scrubs Health Inc. d/b/a Rosie Health

Version: 1.0 – Date: December 1, 2023

OVERVIEW

These Terms of Use (the “Terms”) and our conditions of sale and services (the “Conditions”) and our Privacy Policy will apply to uses of the www.rosiehealth.ca (the “Site”) and other applications used in the delivery of services (the “App”, and together with the Site, the “Portals”), including every order you place with us. No other terms and conditions will apply unless we agree to them in writing.

If you find yourself unable to agree to these Terms, the Conditions, or our Privacy Policy, then you must not use this site or order products or services from it. Each time you submit an order for the products and services, you will be required to accept these terms, the conditions and the privacy statement.

Who we are

The Products & Services are provided by Rosie Health (“Rosie”), a tradename of Scrubs Health Inc. ("Scrubs"), a corporation registered in Alberta. Scrubs operates under different tradenames, including Rosie. References to the “Company” or “we” or “us” herein apply to both Scrubs and Rosie.

No medical advice

Please note the information contained on the Portals is for informational purposes only, and not a substitute for professional medical advice, diagnosis or treatment. Neither the Portals nor our Services constitute medical advice and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. If you need medical advice, you should contact a healthcare professional.

A consultation with our medical director or licensed healthcare provider will evaluate whether or not you are an appropriate candidate, and review the benefits and potential side effects prior to any treatment

Acceptance of the terms

Each time you click on the Site or use the App, you are deemed to have accepted the Terms and the Privacy Policy in the form they are published at that particular time. Notwithstanding this, you will be required to give your formal acceptance of the Terms and the Conditions each time you submit an order to us. You agree that we may at any time change these Terms, the contents on the Site or App, the Conditions or the Privacy Policy.

DEFINITIONS

Account

means the account held by us in your name and which holds the information submitted by you to us;

Accredited Laboratory

means the laboratory or laboratories that we may select as our testing services provider at any time; which laboratory will be accredited by the responsible regulator;

Content

means any item, data, material, information, software, images, photos, advertisements, trademark or Services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site or App;

Helpline

means the online submission page, which may be used by a user to submit queries;

Intellectual Property Rights

means for the purposes of these Terms, trademarks, Services marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;

Order

means an offer by a user to purchase Services and one or more Products from us;

Password

Password means a letter number symbol combination required to access and use the Site and the Services;

Privacy Policy

means the privacy statement referred to on the Site and App;

Product

means any product which enables you or a health care professional to take or store a blood, urine, saliva, fecal or other bodily fluid or specimen sample in it;

Sample

means a blood, urine, saliva, fecal or other bodily fluid or specimen provided by you;

Services

means the services provided by health care professionals who make themselves available in the Portals and perform medical consults and the collection and testing of Samples at an Accredited Laboratory, and providing you with the Test Information;

Us or We

means the Company (Scrubs Health Inc.), operating under the tradename Rosie;

Viruses

“virus” or “worm”, “Trojan horse”, “trap door”, “Software Switch”, “time” or “logic bomb”, “disabling code” or “routines”, or “expiration dates”;

You or you

means the user of the Site or App.

Any reference express or implied to a law in these Terms, includes: (i) references to that law as amended, extended or applied by or under any other law, before or after the date of these Terms; (ii) references to any law which that law re-enacts, with or without modification; and (iii) references to any sub-ordinate legislation made before or after the date of this Agreement under any law, including one within (i) or (ii).

USE OF CONTENT

The Content includes copyrighted works proprietary to the Company. All Content in the Portals is copyrighted as a collective work of the Company pursuant to applicable copyright law. User agrees to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the application. Users of the application may use the Content only for their personal, non-commercial use. User may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Content may not be reverse engineered unless specifically authorized by the owner of the applications patent and/or copyright.

ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS USER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all Intellectual Property Rights in the Site and App and in the material published on it (except where content is specifically identified as third-party content). Those works are protected by applicable intellectual property and other laws around the world. All such rights are reserved.

ACCESSING THE PORTALS

When you access the Portals, you undertake: (i) that you are over 18 years of age, (ii) resident in Canada or a country from where we will accept Samples (as identified in the Portals) and you are accessing the Portals from a phone or other device in one of those countries, (iii) that you are using the Portals in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Portals under your name, nor will you in using the Portals pretend you are someone else, or seek to disguise your identity; and (v) that you are only using the Portals, the Products and the Services for your own benefit and not for the purposes of providing Services to others. Subject to the undertakings you give in these Terms, we grant you a non-exclusive, non-transferrable right and licence to use the Portals and any software on our server which is enabled by your use of the Portals, solely to access the Portals and Services.

USING THE PORTALS, THE CONTENT AND YOUR OBLIGATIONS

When you register with us, you undertake that the details you provide us with are true, accurate and complete and that you will tell us promptly of any changes to these details. To ascertain how we process your personal data, please click on our Privacy Policy at the foot of the front page of the Site or within the App.

Part of the information you are required to provide to register with us is a Password. This is generated by you. You are responsible for ensuring that any Password (or any substitute Password) you use to register or to access your Account (after registration) is kept confidential, only used by you and is not used by or disclosed to others.

You are also responsible for: (i) all transactions or activities carried out using your Account and password; and (ii) ensuring that when you access the Account that the system, you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your password is not retrievable from the system by others.

You are responsible for notifying us if you know or suspect that your Account or password might be known to a third party. If you fail to do so, you will be liable and fully responsible until you notify us.

You undertake:

• not to use meta tags or any other hidden text using our name without our written consent. You also undertake not to link or attempt to link the Site with other sites or Services or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services;

• not to use the Portals in any way that causes, or is likely to cause, the Portals or access to them to be interrupted, damaged or impaired in any way;

• not to provide content that contains Viruses, or which is confidential to others or which infringes the Intellectual Property Rights of any other person;

• to use the Portals, the Content, the Products and the Services for lawful purposes only; and

• not to use the Portals, the Content, the Products and the Services as the case may be:

• for resale;

• in any way that is unlawful or fraudulent, or that breaches any applicable local, national or international law or regulation;

• for the purpose of harming or attempting to harm minors in any way;

• to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and

• to knowingly transmit any data, send or upload any material that contains Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

This Portals and the Contents are based on Health Canada, World Health Organization and Alberta Health published information and information from our Accredited Laboratories in relation to sexually transmitted infections, fertility health, general health matters and cancers across multiple territories. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any user of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at your own risk.

As a user of the Site, and subject to these Terms, you are authorized to view Content only for your own personal, non-commercial use without any right to download, copy, or adapt any Content, unless expressly permitted to do so. However, in doing so you undertake not to reproduce, duplicate, copy or re-sell any part of the Portals or Content, and not to access without authority, interfere with, damage or disrupt the Portals.

The Contents may be used for general informational purposes only. If you use the Portals, you agree to these terms. If you do not agree to them, do not use the Portals. All reference values are for adults if not otherwise stated. Reference values should not be regarded as absolute indicators of health and disease. Reference intervals should be used with caution, since values for healthy individuals often overlap significantly with values for persons with disease. Laboratory values may vary significantly because of differences in methodology and mode of standardization. Therefore, laboratory values in individual institutions may differ from those in this application.

LIMITS ON ACCURACY

The Portals were developed by the Company to provide information. Information is believed to be accurate at the time it is created. However, information may become outdated over time. Information in the application may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. There may also be improvements or changes in the products and services described in the App at any time without notice. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial, or other advice. This information is not intended to be a substitute for such advice. The Company does not endorse any specific methods of treatment. It is up to the individual health care professional to use their best medical judgment when determining appropriate patient care or surgical techniques. Individuals are advised to consult their health care professionals for full information about the potential adverse reactions from use of the Contents. We will use reasonable efforts to include accurate and up-to-date information in the application, but we make no warranties or representations as to its accuracy. All users agree that all access to and use of the application is at their own risk.

DISCLAIMER

The Content is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. We do not give medical advice, nor do we provide medical or diagnostic services directly. The Services are provided by individual health care professionals who advertise on the Portals and are fully responsible for the Services they provide within their scope of practice and according to the policies, procedures and regulatory requirements of their profession. Your reliance upon Content obtained by you on or through the application is solely at your own risk.

Disclaimers and exclusions from liability

• The Content is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability, and fitness for a particular purpose. Nor is any warranty provided that the Content or any of it is non-infringing of the intellectual property rights of any third party.

• We specifically do not make any warranties or representations as to the accuracy or completeness of any such Content or that the Content is up to date.

• We may procure others, to add to, change, improve or update the Content on this Site without notice. We may also modify the Services or the Products at any time.

• Under no circumstances shall we be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of the Portals, or the Content including, without limitation, any fault, error, omission, from the content or interruption or delay or non-availability of the Portals or the Services. The use of the Portals and the Services is at the user’s sole risk.

• Under no circumstances, including but not limited to negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages, even if we have been advised of the possibility of such damages, incurred by you or by any user in connection with the Portals or in connection with the use, inability to use or results of use of the Portals, any websites linked to it and any materials posted on it, including without limitation any liability for:

• loss of data;

• loss of reputation;

• loss of income; and

• any losses incurred by any third parties.

• Each user specifically acknowledges and agrees that we are not liable for any conduct of any other user of the Portals.

• We shall not be in breach of any provision of these Terms, caused by your failure to observe any of your obligations or undertakings contained within the Terms.

OUR RIGHTS

Failure by you to comply with these Terms constitutes a material breach of these Terms and may result in us taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our Portals;

2. issue of a warning to you;

3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and solicitor client legal costs) resulting from the breach; and

4. further legal action against you.

AMENDMENT OF THE TERMS

We may revise these Terms, the Conditions and the Privacy Policy at any time. You will be required to accept each of these in the form they are then in every time you submit an Order as they are legally binding on you.

LINKS TO OTHER SITES

The Portals may contain links and references to third-party web sites. The linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. We provide these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by us.

GOVERNING LAW AND JURISDICTIONS

The construction, interpretation and application of these Terms, shall be governed by the laws of Alberta. In using our Site or App, you agree to submit to the exclusive jurisdiction of the courts of Alberta in respect of any dispute arising hereunder.

PORTAL AVAILABILITY

While we endeavour to ensure the Portals are accessible at all times during a normal working day, we accept no responsibility for the Portals being inaccessible or unavailable at any time.

WAIVER

Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof.

SEVERABILITY

If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.

CONTACT US

If you have any concerns about material which appears on our Site, please contact us at info@scrubshealth.com.