Effective Date: 2026-01-01
Governing Law: Province of Ontario, Canada

1. Acceptance of Terms

By accessing the HealthGene Laboratory (“HealthGene,” “we,” “our,” or “us”) website or submitting specimens for laboratory testing, you agree to be legally bound by these Terms of Service. If you do not agree, you must not use our services.

These Terms constitute a binding agreement between HealthGene and the client (the “Client”), including veterinary professionals and veterinary clinics.

2. Scope of Services

HealthGene provides veterinary diagnostic laboratory testing services for animal patients only.

HealthGene does not:

• Provide veterinary medical care
• Diagnose medical conditions
• Prescribe treatment
• Provide advice to animal owners

Laboratory results are intended solely for interpretation by licensed veterinary professionals.

3. No Medical Advice & Professional Responsibility

All laboratory results are analytical findings only. Final interpretation, diagnosis, and treatment decisions are the sole responsibility of the attending veterinarian.

The Client acknowledges that laboratory testing is one component of clinical evaluation and agrees that HealthGene shall not be responsible for:

• Clinical decisions
• Treatment outcomes
• Misinterpretation of results
• Failure to consider clinical context

4. Specimen Responsibility

• The Client is solely responsible for:
• Proper specimen collection
• Accurate labeling and identification
• Appropriate storage and packaging
• Compliance with submission protocols
• Accurate and complete clinical information

HealthGene shall not be liable for errors, delays, or inaccurate results caused by:

• Improper collection
• Degraded or contaminated specimens
• Insufficient sample volume
• Inaccurate or incomplete submission information
• Transport-related issues outside our control

HealthGene reserves the right to reject any specimen that does not meet laboratory standards.

5. Outsourced & Referral Testing

Certain tests may be performed by external accredited reference laboratories. HealthGene’s responsibility for such tests is limited to coordination and reporting of results received.

HealthGene shall not be liable for errors, delays, or omissions attributable to third-party reference laboratories.

6. Turnaround Times

All turnaround times are estimates only and are not guaranteed. Delays may occur due to:

• Sample quality
• Test complexity
• Volume fluctuations
• Equipment maintenance
• External laboratory processing
• Force majeure events

HealthGene shall not be liable for damages resulting from delayed reporting.

7. Disclaimer of Warranties

To the fullest extent permitted by law:

All services are provided “as is” and “as available.”

HealthGene expressly disclaims:

• Any implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Guarantee of specific clinical outcomes

No oral or written communication shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

HealthGene’s total aggregate liability for any claim, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the amount paid by the Client for the specific test giving rise to the claim.

Under no circumstances shall HealthGene be liable for:

• Indirect damages
• Consequential damages
• Incidental damages
• Special damages
• Loss of revenue
• Loss of business opportunity
• Loss of goodwill
• Loss related to animal morbidity or mortality

This limitation applies even if HealthGene has been advised of the possibility of such damages.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless HealthGene, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or related to:

• Improper specimen collection or handling
• Misuse or misinterpretation of laboratory results
• Clinical decisions or treatment outcomes
• Violation of applicable laws or regulations

Breach of these Terms

10. Force Majeure

HealthGene shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

• Natural disasters
• Power outages
• Equipment failure
• Supply chain disruptions
• Government actions
• Labor disruptions

11. Payment & Suspension of Services

HealthGene reserves the right to suspend or terminate services in the event of:

• Non-payment
• Breach of these Terms
• Misuse of laboratory services
• Outstanding balances may accrue interest as permitted by law.

12. Intellectual Property

All laboratory methodologies, reports, materials, website content, branding, and intellectual property remain the exclusive property of HealthGene.

Reproduction or redistribution without written authorization is prohibited.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Any dispute shall be resolved exclusively in the courts of Ontario.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15. Amendments

HealthGene reserves the right to modify these Terms at any time. Continued use of services constitutes acceptance of revised Terms.

16. Contact Information

HealthGene Laboratory
9131 Keele Street, Unit A2
Concord, Ontario, Canada
Email: info@healthgene.com
Phone: 1 877-371-1551