Terms of use
Introduction
BC Cancer, an agency of the Provincial Health Services Authority (PHSA), is pleased to provide and support the CervixCheck website (the “Site”) as an online cervical cancer screening service for residents of British Columbia, Canada. By accessing and using the Site, you agree to be bound by these Terms of Use, including the disclaimers and limitations of liability set out below. If you do not agree to be bound by any of these Terms of Use, please exit this Site immediately and do not access any other pages.
These Terms of Use may change from time to time without notice. It is important that you periodically review these Terms of Use and it is your responsibility to check for future updates. By using this Site, you are agreeing to be bound by the current version of these Terms of Use. The last revision date for these Terms of Use is identified at the bottom of this page.
About the Site and the Services it Provides
The CervixCheck website provides information on cervical cancer and screening, and allows invited users to create an account and order a self-sampling kit for cervical cancer screening mailed to their homes. Clients of CervixCheck will provide a self-collected sample for human papillomavirus (HPV) testing as way to screen for cervical cancer. If you need other health care services, you should see a physician or other qualified health care professional.
If you use the Site for cervical cancer screening, your results will become part of your medical record with your health care professional, the physician you indicated on your CervixCheck account. Testing through the Site is confidential but it is not anonymous. Your personal information and test result will be provided to your health care professional. If a high-risk type of HPV was detected from your sample, or if there was a problem with your samples or tests at the lab, you will be contacted by the clinic that referred you to CervixCheck, the physician you named on your account, or an authorized CervixCheck team member by phone or email to discuss your results. If your results show you have HPV the physician you named on your CervixCheck account or a CervixCheck team member will discuss follow-up recommendations with you.
If you have concerns about your medical condition or health, you should always seek the advice of your physician or other qualified health care professional. Never disregard medical advice or delay seeking medical advice because of information on the Site. Please consult with your physician or other qualified health care professional before making any decision regarding health care.
This Site is not intended to provide, and should not be used to obtain, emergency medical support. If you are having a medical or psychological emergency, call your physician or 911 or the British Columbia crisis centre (1-800-784-2433) immediately.
About Information that You Provide
You do not need an account to browse the information on the Site. However, you will need an account if you want to request a home self-sampling kit for cervical cancer screening through the Site. This requirement is to ensure that your sample is processed at the lab and that you receive your results as quickly as possible. All users of the Site must comply with these Terms of Use.
To create an account, you will need to provide a valid email address and password, along with your name, date of birth, personal health number, address, and health care provider associated with CervixCheck. Once you have created an account, your email address and password will be required to log into your account. Your account information will be kept confidential, as described in our Privacy Policy. It is your responsibility to keep your account information up-to-date. If your email address or other personal information changes, you can update your account by logging in to the Site and using the Edit Account page under My Account.
We strongly encourage you to provide a valid phone number for your account, so that we may contact you as soon as possible if your screening results are positive or if there was a problem with your test at the lab. If you do not provide a phone number, it is your responsibility to follow up with your health care provider to get your results.
If you are eligible to participate, a screening kit will be mailed to the address you provided, which will contain a pre-populated lab form with your name, personal health number, and date of birth. Do not share your lab form or allow anyone else to use your cervical cancer screening kit.
Your account is for your personal use only. You must not allow anyone else to access or use your account. You are solely responsible and liable for all activity conducted through your account. You must immediately report to BC Cancer if you become aware of or reasonably suspect any security breach regarding your account.
Disclaimer and Limitation of Liability
BC Cancer works hard to ensure that the information presented on the Site is as accurate as possible, and reflects available medical and scientific information. However, we do not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information provided.
Your use of the Site, your account, and the information and services available on or through the Site might be interrupted and may not be free of errors. Any of the Site, your account, the information and services available on or through the Site may be unavailable from time-to-time due to routine maintenance, upgrades, hardware or software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons beyond BC Cancer’s control.
THE SITE AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. BC CANCER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING THE USE OF THE SITE OR THE INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
BC CANCER DOES NOT REPRESENT OR WARRANT THAT: (A) THE SITE OR THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PROCEDURES, ADVICE OR TREATMENTS REFERRED TO ON THE SITE ARE SUITABLE OR EFFECTIVE OR WILL HAVE ANY SPECIFIC RESULT OR OUTCOME (C) THE SITE AND ITS AVAILABILITY WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; (D) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BC Cancer assumes no obligation to update the information on the Site or advise on further developments concerning topics mentioned. The information and services available on or through the Site may also be changed from time to time without notice.
By using the Site, you agree that to the maximum extent permitted by applicable law BC Cancer, PHSA, and their respective officers, directors, employees, contractors, agents and representatives, including all BC Cancer content providers and all those who operate any of the services available on the Site (collectively the “BC Cancer Releasees”) shall have no liability whether direct, indirect, consequential, contingent, special or incidental related to or arising out of or in connection with the use of the Site, the inability to use the Site, the content on the Site or the reliance by any user on the information or services available in or through the Site, whether such liability arises out of an action for breach of contract, negligence or other tortious action, or other theory of liability, and even if BC Cancer has been advised of the possibility of such liability.
You also agree that none of the BC Cancer Releasees shall be liable for any losses, damages or claims suffered or incurred by you as a result of any failure by you to protect your password or your information on the site to which access is restricted (i.e., your CervixCheck account).
IF, DESPITE THE LIMITATIONS SET OUT ABOVE, BC CANCER BECOMES LIABLE TO YOU IN RESPECT OF ANY OF THE SITE, YOUR ACCOUNT, OR THE INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THE SITE, THAT LIABILITY WILL BE LIMITED TO $25.
Indemnity
YOU UNDERSTAND AND AGREE THAT ALL USE OF THE INFORMATION AND SERVICES AVAILABLE ON THE SITE IS AT YOUR OWN RISK, AND BY USING SUCH INFORMATION AND SERVICES YOU AGREE TO INDEMNIFY AND SAVE HARMLESS THE BCCDC RELEASEES, OR ANY ONE OR MORE OF THEM, FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) THAT ANY ONE OR MORE OF THEM MAY SUFFER OR INCUR ARISING FROM OR RELATED TO SUCH USE OF THE INFORMATION AND SERVICES ON THE SITE, ANY CONTENT THAT YOU POST ON THE SITE, OR ANY INFORMATION OR SERVICES THAT MAY BE AVAILABLE FROM OTHER WEBSITES THAT ARE LINKED TO FROM THE SITE.
Our Privacy Policy
Our Privacy Policy describes the collection, use and disclosure of information on CervixCheck. By accessing and using the Site, you agree that our Privacy Policy applies to the information you provide when you use the Site.
Misuse of Site
Users are prohibited from posting malicious or unauthorized code (e.g., viruses, bots, worms, spyware, Trojan horses, etc.) or other potentially harmful material to the Site that may interrupt, damage or limit the functionality of the Site of the use of the Site by others. Users are prohibited from using the Site for spamming, phishing or other similar schemes.
Links
Any links provided by BC Cancer on the Site to other external or third-party websites are provided as a reference to help you identify and locate other Internet resources that may be of interest. These external websites were independently developed by other parties and BC Cancer does not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed on such websites. Your use of any third party website is at your own risk and is subject to the terms of use of such website. BC Cancer is not liable for any acts, omissions or conduct of third parties associated with external websites. BC Cancer does not guarantee the privacy policies on external websites and encourages reviewing individual privacy policies before using an external website.
Where an external website provides a hypertext link to the Website, BC Cancer has no responsibility for the content of the external website and does not endorse, authorize, approve, certify, maintain or control the external Internet address and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at that Internet address.
Modifications
From time to time and without notice BC Cancer may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and the information and services available on or through the Site (including their functionality, “look-and-feel”, universal resource locators and software components).
Copyright
BC Cancer owns and has authority to use the Site and all information and content, including any icons, images, text, illustrations, computer software and code on the Site (collectively the “Proprietary Content”), and owns or has acquired all the necessary licenses for any related intellectual property, including copyright. The Site as a whole and the Proprietary Content is the property of BC Cancer and is protected under national and international copyright laws and other laws.
You are granted a limited licence to access, display, download, print and reproduce reasonable portions of the Site for your personal, non-commercial use only, provided the information is not modified and all copyright and other proprietary notices are retained. Any other use is strictly prohibited without permission from BC Cancer. None of the information, in whole or in part, may be otherwise reproduced, republished or re-disseminated in any manner or form without our prior written consent. Nothing contained herein shall be construed as conferring any right in any copyright in any of the information provided on the Site.
Trade-marks
Any names, words, titles, phrases, logos, designs, graphics or icons appearing on the Site may be registered or unregistered trade-marks, official marks, service marks or trade-names and may be the property of BC Cancer or third parties. Though third party marks may be used by BC Cancer subject to a licence agreement, mere display of a third-party’s trade-marks does not indicate or imply any relationship between BC Cancer and that third party, or indicate that BC Cancer approves of any of the wares or services used in association with that trade-mark.
Nothing contained herein implies that a licence has been granted to you in respect of any official marks, trade-marks, service marks or trade names displayed on the site, unless prior written permission of BC Cancer or the respective owner of any third-party trade-mark is obtained.
Applicable Law
The laws in effect in the Province of British Columbia shall govern these Terms of Use and any dispute or claim based on or arising from your use of the Site. You agree that any action or proceeding relating to this agreement or your use of the Site shall only be brought by you in the courts of the Province of British Columbia and will be resolved individually, without resort to any form of class action. The website is intended for use by residents of British Columbia, Canada only.
Entire Agreement
If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of the remaining Terms of Use, which will remain valid and enforceable. These Terms of Use set forth the entire understanding and agreement between us and you with respect to your use of the Site.
Questions, concerns or complaints about the CervixCheck Terms of Use should be submitted to cervixcheck@bccancer.bc.ca.