TERMS AND CONDITIONS– COVID-19 TESTING SERVICES FOR TRAVELLER

TERMS AND CONDITIONS– COVID-19 TESTING SERVICES FOR TRAVELLERSThese terms and conditions (the “Terms”) apply to the provision of COVID-19 testing services for travellers offered by Distribution Ad Valorem, a division of Chine Vision Inc. (“Distribution Ad Valorem”) to any person requesting the services of Distribution Ad Valorem by means of the scheduling of an appointment (the “Customer”) via the distributionadvalorem.com website (the “Website”). These Terms take precedence over any terms of the Customer or any documents related to the services. If the Customer does not agree with these Terms, he must refuse to purchase the services offered by Distribution Ad Valorem. Distribution Ad Valorem may update or amend these Terms and Conditions at any time without notice. 1- SERVICES
1.1 The services offered by Distribution Ad Valorem consist in the provision of COVID-19 testing for travellers by qualified health professionals. The tests are carried out by means of rapid molecular tests, rapid antigen tests, or PCR tests, the whole based on the choice made by the Customer upon making an appointment for testing and subject availabilities of said tests (the “Services”).
1.2 Distribution Ad Valorem will subcontract the administration of the tests and the management of the results to a company specializing in private medicine that offers screening by health professionals holding the necessary authorizations. As of the date hereof, the subcontractor retained by Distribution Ad Valorem is Soins Proxyma Care Inc. For the purposes of the Terms, Distribution Ad Valorem and its subcontractors are collectively referred to as the “Service Provider”.
1.3 By reserving an appointment window for the Services, you confirm that you are in one of the following situations:
1.3.1 you are of the required age to consent to medical treatment in the province where the Services are to be performed and the testing will be made on you; or
1.3.2 you are the holder of parental authority, the legal representative or have the necessary authority to provide consent for a person who cannot consent to medical treatment on their own, whether because of their age or their incapacity, and the testing will be made on that person. If you are not in one of the above situations, you cannot reserve a time slot for a test and the Service Provider may refuse to provide the Services at its sole discretion.
1.4 The Services are only intended for travellers using the tests of screening for personal use as final users. The Services are more fully described on the Site. The Service Provider does not guarantee that the description of the Services on the Website is complete, up-to-date or free from error and the Service Provider reserves the right to modify the description of the Services and to refuse or cancel any Order at any time and without notice if it was made on the basis of erroneous or outdated information or for any other reason.
1.5 Any information on the Website, as well as the results of the tests provided indicated in the certificate are provided to the Customer only for general information. The Customer acknowledges and accepts that the Service Provider does not provide any advice and does not provide any treatment or medical follow-up related to the Services. For any question, advice, treatment or follow-up in connection with the results of the tests, the Customer is entirely responsible for consulting a doctor or another qualified healthcare professional.
1.6 The Service Provider will not follow up with the Customer after having provided the Customer with the results of his test, whether such result is positive or negative. A person with a positive result will be referred to local public health authority. It is the Customer's responsibility to ensure that they comply with the sanitary measures in force. It is recommended that the Customer seeks the advice of his doctor or another qualified healthcare professional about any questions the Customer may have relating to the tests, his medical condition or any illness or symptom.
1.7 The choice of the type of test is the sole responsibility of the Customer and at his discretion, subject to availability.
1.8 In the event that the result of a test is positive, the Customer is responsible for obtaining appropriate medical advice and ensuring compliance with the sanitary measures in force. If a positive test result is received in connection with a rapid antigenic test or a rapid molecular test, it is recommended to perform a PCR test to confirm the result. PCR tests are generally more reliable than rapid tests.

2- ORDER AND PAYMENT
2.1 As long as the Customer has not fully paid for the Services, the Service Provider has no obligation to provide any Service to the Customer. Once an appointment has been made online by the Customer and confirmed by the Service Provider (an “Order”), the Customer undertakes to comply with the conditions of the Order and to pay the price indicated for the Services selected as indicated in the Order (the “Price”). Unless otherwise indicated, the Price does not include applicable sales taxes.
2.2 The Price is payable by the Customer to the Service Provider, at the place indicated for the provision of the Services on the Order, by credit card or debit card. Payment of the Price must be made in advance at the time indicated in the Order for the provision of the Services (the “Appointment Time”). If the Customer is in default of paying the Price, Distribution Ad Valorem will not be required to provide the Services at the Appointment Time.
2.3 The Customer acknowledges and accepts that it is his sole responsibility to ensure that he chooses an Appointment Time that allows sufficient time for the provision of the Services before the time when the Customer must obtain proof of the test results, including time required for the administration of the selected test, the analysis of the results and the transmission of such results to the Customer. The Service Provider does not provide any guarantee as to the time taken to process and receive test results, including, without limitation, to tests which must be the subject of a laboratory analysis, such as the PCR type tests.

3- CUSTOMER’S DECLARATIONS AND COMMITMENTS
3.1 By placing an Order, the Customer agrees to:
3.1.1 The communication of personal and medical information to the Service Provider;
3.1.2 Take a COVID-19 test according to the method chosen in the Order;
3.1.3 Transmit and share the test results to any government authority required to receive the test results; and
3.1.4 Not come to his appointment if he has one or more of the symptoms of the COVID-19 that would cause public health regulations then in effect to prohibit him from frequenting a public place or recommend self-isolation. The Service Provider does not administer public health tests aimed at confirming whether a person has COVID-19 due to the presence of symptoms.
3.2 In all cases, the Customer is fully responsible for ensuring that his Order is for the provision of Services for which the consent of the person tested can be obtained in compliance with all legal requirements depending on the location where the Services are provided.
3.3 The Customer undertakes to:
3.3.1 Notify Distribution Ad Valorem in good time, before the Appointment Time, of any information that could have an impact on the provision of the Services, including in particular a medical condition;
3.3.2 Pay the Price of the Services selected in the Order; and
3.3.3 Collaborate with the personnel of the Service Provider and comply with any directives issued in connection with the provision of the Services.
3.4 At its sole discretion, the Service Provider reserves its rights to refuse to perform the Services in whole or in part because of any breach by the Customer in connection with these Terms or because of any specific requirement or refusal by a Customer to cooperate. The Customer acknowledges and accepts that the provision of the Services will in all circumstances be subject to the discretionary judgment of the health professionals involved in the provision of the Services.

4- CONFIDENTIALITY
4.1 Distribution Ad Valorem undertakes to maintain the confidentiality at all times of any document, information, or data of Customer that may reasonably be considered to be confidential and that may be accessed or disclosed to the Service Provider in the course of performing the Services. Distribution Ad Valorem agrees to use any confidential information only for the purposes of the Services.

5- DISCLAIMER OF LIABILITY
5.1 Distribution Ad Valorem undertakes to deploy its best efforts to provide the Services to the Customer, according to customary practices and rules of the art, with prudence and diligence. However, the Service Provider does not assume any obligation of result in connection with the Services or the content of the Website.
5.2 The Customer acknowledges that the content of the Website or of any other material relating to the Services made available to the Customer by the Service Provider, as the case may be, may not be exact, reliable, up-to-date or free from error and releases the Service Provider from all liability in this regard.5.3 The Customer acknowledges that the tests used for the Services may generate false positives or, false negatives or inconclusive results and do not offer any guarantee of accuracy. Therefore, the Customer assumes all risks as to the suitability of the test results obtained through the use of the Services. Under no circumstances will the ServiceProvider be held responsible for the quality of the test results. Due in particular to the margin of error of the tests which are beyond the control of the Service Provider, the Service Provider cannot be held responsible for the direct or indirect consequences of the test results, whether it is for a false positive or, a false negative or an inconclusiveresult.
5.4 Without limiting the generality of the foregoing, the Customer acknowledges that, other than what is expressly provided for in these Terms, the Service Provider gives no guarantee whatsoever, express or implied, including, but not limited to, the guarantees of merchantability of screening tests, the aptitude of the tests for a particular use, the non-violation, or other.

6- LIMITATION OF LIABILITY
6.1 The Customer acknowledges and accepts that the Service Provider expressly disclaims any express or implied warranty regarding the Services and that he cannot be held liable for any damages or losses that would be directly or indirectly attributable to the use of the Services, including travel-related requirements in Canada or abroad. Without limiting the generality of the foregoing, the Customer assumes all risks as to the choice of the type of test, the suitability of the test results obtained and the repercussions that result from the use of a test.
6.2 Under no circumstances can the Service Provider be held liable for any consequential, indirect or incidental damage or loss of any kind (including, without however being limited to, loss of income, loss of opportunity, loss of profits, obligation to delay a trip, non-admission to the place of destination or stopover, non-admission in a mean of public transport, or loss of business opportunities) which would be attributable to an Order, to the Services or to the Service Provider's failure to provide the Services or to fulfill an Order.
6.3 Under no circumstances can the Service Provider be held liable for any consequential, indirect or incidental damage or loss of any kind (including, without however being limited to, loss of income, loss of opportunity, loss of profits, obligation to delay a trip, non-admission to the place of destination or stopover, non-admission in a mean of publictransport, or loss of business opportunities) which would be attributable to a positive test result or the fact that the Customer has contracted or is, by reason of the Services or his presence at the location of the Services or for any other reason, infected with (i) the COVID-19, (ii) any severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), (iii) any mutant derivative or variation of COVID-19 or SARS-CoV-2 or to any fear or threat, whetheractual or perceived of (i), (ii) or (iii) and any action taken by the Service Provider to control, prevent, suppress, mitigate (i), (ii) or (iii).
6.4 The Customer acknowledges and accepts that shortages or delays in supply outside the Service Provider’s control may occur. The Service Provider cannot be held responsible for any consequences linked to a delay in supplying the screening tests including, without limitation, consequences due to a recall or other action by Health Canada or delays from suppliers of laboratory tests or analyzes, which could cause the postponement, modification or cancellation of the Services.
6.5 The Customer acknowledges and accepts that the Service Provider, the members of its management and its directors, officers, employees, agents, as well as their respective successors and assigns can in no way be held responsible for any damage related to the type of screening test chosen by the Customer, even if the Service Provider knew or should have foreseen the possibility of such damage. The Customer acknowledges and accepts that the Service Provider makes no representation and offers no warranty as to the approval, recognition or usefulness of Services in connection with any requirement of any authority or jurisdiction. The Customer acknowledges and accepts that he is entirely responsible for obtaining information and ensuring that he meets all the requirements relating to COVID-19 testing in any relevant jurisdiction, including its travel destination as well as any transit or stopover jurisdiction.
6.6 Subject to the exemptions from liability provided for in section 5 and the limitations of the Service Provider's liability provided for in this section 6, Distribution Ad Valorem undertakes to indemnify the Customer for any direct damage resulting from the fault of Distribution Ad Valorem or its representatives.
6.7 The aggregate liability of the Service Provider under the Terms and under any Order shall not exceed, under any circumstances, the amount paid by Customer for the Services covered by such Order and giving rise to the claim.

7- TERMINATION
7.1 The Customer may unilaterally terminate an Order and cancel his appointment, without penalty, only to the extent that the Customer notifies Distribution Ad Valorem in accordance with the cancellation procedure provided on the Website.
7.2 No refund will be made once a test has been administered.
7.3 The Service Provider reserves the right to cancel an Order, for reasons related to the availability of screening, at any time before payment of the Price by the Customer. The Service Provider may terminate an Order with immediate effect, without the need to send a notice in the event that the Customer fails to comply with one of its obligations or commitments to the Service Provider under the Terms.

8- FORUM AND APPLICABLE LAW
8.1 The Terms and their application and interpretation are governed exclusively by the laws of the province of Quebec and the laws of Canada applicable therein, to the exclusion of any provision relating to conflicts of laws which would result in the application of the laws of another jurisdiction. The Customer and Distribution Ad Valorem agree to submit any dispute relating directly or indirectly to the Terms or to the Services to the exclusive jurisdiction of the courts of the judicial district of Kamouraska, Province of Quebec, Canada.