Conditions applicable to Online Purchases

These Conditions applicable to online purchases (the “Conditions”) represent the agreement between yourself (“you” or the “Client”) and Biron Groupe Santé Inc., located at 4105 F Matte blvd., Brossard, Quebec J4Y 2P4 Canada (“We”, “Us” or “Biron”), owner and operator of the website bearing the URL https://portail.biron.ca (the “Site”). The Site is intended for users who have reached the age of majority in their territory of residence and have the capacity to contract.

These Conditions govern the purchase of one or more Tests on this Site. "Test (s)" means the COVID-19 screening tests, for sale on the Site, including collection and analysis services, and the attestation of result.

Biron allows you to access the Site and to use it conditionally to your compliance to and respect of the Website Terms of Use and the Privacy Policy, which are incorporated by reference herein. By submitting your order on this Site, you accept these Conditions, and acknowledge having read the Website Terms of Use and the Privacy Policy, and you agree to comply with all laws and applicable by-laws.

BIRON DOES NOT PROVIDE ANY TREATMENT WITH THE TEST AND WILL NOT MAKE ANY FOLLOW UP WITH THE CLIENT FOLLOWING HIS TEST. FOR ANY TREATMENT IN CONNECTION WITH THE RESULTS OF ANALYSIS OF YOUR TEST, YOU MUST ALWAYS CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. THE GENERAL INFORMATION PROVIDED ON THE SITE CONCERNING THE TEST, AS WELL AS THE RESULTS OF ANALYSIS STATED IN THE ATTESTATION OF RESULT THAT WILL BE PROVIDED TO YOU AFTER COMPLETING YOUR TEST, ARE FOR INFORMATION ONLY. YOU SHOULD ALWAYS OBTAIN THE OPINION OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL ON ANY QUESTION YOU MAY HAVE RELATED TO THE GENERAL INFORMATION OBTAINED ON THE SITE OR IN THE ATTESTATION OF RESULT, OR IN RELATION TO ANY MEDICAL CONCERN THAT MAY CONCERN YOU OR SOMEONE ELSE FOLLOWING RECEIPT OF YOUR TEST RESULT. IN CASE OF POSITIVE ANALYSIS RESULTS RECEIVED FOLLOWING AN ANTIGENIC TEST, IT IS RECOMMENDED TO PERFORM A PCR TEST TO CONFIRM SUCH RESULT. IF FOLLOWING A PCR TEST CARRIED OUT AS RECOMMENDED, THE TEST RESULT IS NEGATIVE, BIRON CANNOT BE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, OF ANY KIND ARISING FROM THE DIFFERENCE BETWEEN THE RESULTS THAT WILL HAVE BEEN OBTAINED. IN ALL CASES WHERE THE CLIENT OBTAINS A POSITIVE RESULT OF ANALYSIS, WE REMIND YOU THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE SANITARY MEASURES IN FORCE AND IMPLEMENTED BY PUBLIC HEALTH ARE RESPECTED.

Biron endeavors to be as precise as possible on the Site. However, Biron does not guarantee that the description of the Tests or other contents of this Site will be accurate, complete, reliable, up to date and/or error free. Biron reserves the right to modify the description of the Tests displayed on the Site, to refuse or cancel any order and to correct any errors, inaccuracies or omissions on the Site, at any time and without any notice, even after submission of an order and even if the order has been confirmed and / or if your credit card has been charged. In the event that your credit card has already been debited and your order is canceled, Biron will reimburse you for the full amount debited, by the original payment method.

When placing an order on the Site, you will have to select the day and time of your appointment to perform the Test according to the schedule and availability indicated on the Site. Biron reserves the right to limit and modify, without notice, the number of appointments offered on the Site. When you have selected an appointment and you have completed the purchase of the Test on the Site, it will no longer be possible to modify this appointment on the Site. For any modification, you will have to access the Site in order to purchase a new Test and schedule a new appointment, according to the appointment times then available, and you will have to contact customer service by telephone at the toll-free number : 1-866-382-0287 or via the email address: depistageadm@biron.com to request the cancellation and refund of your initial order in accordance with the Cancellation and Refund Policy provided herein. Biron cannot be held responsible for any damage, direct or indirect, of any kind, arising from the lack or absence of appointments available on the Site.

The price of the Tests can be modified at any time and without notice. The price displayed on the Site is in Canadian dollars. The price for the Tests you paid is the one in effect at the time of your purchase on the Site.

Biron collects and pays the sales tax as provided by law.

The Tests offered on this Site are offered to the end users only, for personal use and not for resale.

Upon arriving at your appointment to perform a Test, you will need to confirm the following information:

a) You are fourteen (14) years of age or older and are performing the Test for yourself; OR
b) You are the holder of parental authority or legal guardian of the person under the age of fourteen (14) that you are accompanying to carry out the Test; OR
c) You are eighteen (18) years old and over and are the legal representative of the person of full age who is incapable of giving his consent that you are accompanying to carry out the test.

You may pay your order on the Site with a credit card recognized in Canada. We presently accept Visa®, MasterCard® and American Express® cards.

Credit cards are billed upon confirmation of the online order on the Site, for any Test purchased on the Site, including any applicable taxes and / or shipping / handling charges where applicable.

After you have placed an order on the Site, Biron will validate the information you have provided, by verifying your payment mode, your billing address. If the laws in force at the time of your order require that a Test can only be performed on medical prescription, Biron reserves the right to require a copy of the necessary medical prescription when purchasing a Test on the Site.

Biron reserves the right to limit the quantities of Tests that you can buy in the same order.

You will receive by email a confirmation of the order made on the Site as well as information relating to the appointment(s) you will have set for the Test.

Your receipt of an electronic order confirmation or in any other form does not imply acceptance of your order by Biron. At any time after placing your order but before your appointment, Biron reserves the right to refuse your order for any reason whatsoever. In the event that Biron refuses your order, Biron will refund you the amount debited by the original payment method.

All sales made through the Site are subject to this Cancellation and Refund Policy. Biron undertakes to reimburse you for the price of a Test(s) that you have purchased on the Site, as long as your cancellation and reimbursement request is made at any time between the date of your online purchase and the thirtieth (30th) day following the date on which your appointment was to take place, and provided that you did not attend your appointment to perform the Test that you had purchased on the Site. No reimbursement fees will be required.

For any request for cancellation of an order and for a refund of a Test purchased on the Site, you must contact customer service by telephone at the toll-free number: 1-866-382-0287 or via the email address: depistageadm@biron.com. When contacting the customer service, you will need to provide your order confirmation number and any other reasonable information to identify yourself. The price you paid for the Test will be refunded to you by your original payment method within three (3) to five (5) working days of Biron accepting your cancellation and refund request.

By purchasing a Test on the Site, the Client acknowledges and accepts that Biron makes no representation and offers no guarantee that the Test has been approved or recognized by a particular country or region, and that it is the sole and entire responsibility of the Client to ensure, at all times, that it complies with all the requirements related to the screening of COVID-19 that are put in place by the country and regions that the Client chooses to go to.

You acknowledge that Biron, the members of its management and its directors, officers, employees, agents, as well as their respective successors and assigns will in no case be liable for damages, direct or indirect, of any nature whatsoever, arising from the fact that a Test may not be approved or recognized by the country or regions you choose to go to, even if Biron knew or should have foreseen the possibility of such damage.

1. Biron does not maintain a list of country requirements (which may change at any time),
2. Biron does not provide any advice,
3. Biron denies any liability,
4. Biron does not issue QR codes.

These Conditions shall be governed and construed pursuant to the applicable 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, judicial district of Montreal, with respect to all matters relating to the Conditions as well as any dispute that may arise therefrom. You further agree that the applicable laws shall be the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Any consent to, or waiver of, by Biron, to a failure on your part to comply with the provisions hereof, whether express or implied, shall not constitute a consent to, or a waiver of, any other subsequent or different failure.

Should any provision of these Conditions be determined to be unlawful, invalid or unenforceable by a court of competent jurisdiction, such provision would be deemed to be severed from the Conditions and the remaining provisions shall remain in full force and effect.

Biron may, from time to time and without any notice, modify the present Conditions by updating this page on the Site. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions applicable to the purchase of Tests on this Site. It is however understood that the Conditions in effect at the time you placed an order on the Site are the Conditions that apply to your order and the ones to which you are bound.