Terms and conditions

Overview:

• At present, COVID-19 rapid antigen testing is primarily conducted through the provincial public health care system.
• To assist in facilitating private sector workplace screening, Communitech has partnered with third party “Distributors” (see the attached List of Authorized Distributors, enclosed as Schedule “A” hereto), and the federal and provincial governments, to assist in the distribution of approved COVID-19 Rapid Testing Devices, which currently include the Abbott Panbio™ Rapid Antigen Test and the BD Veritor™ System (collectively the “Devices”) to private businesses seeking to implement Point of Care rapid antigen screening (“Rapid Antigen Screening”) at their workplaces (collectively the “Program”).
• As your eligible business (hereinafter the “Business”) has resumed operations, or in order to continue operating, the Business has expressed interest in privately conducting asymptomatic testing and/or offering testing to employees who are not eligible for publicly-funded testing under the current

By registering for the Program and / or by obtaining access to Devices via the Program, you, on behalf the Business, agree to be bound by the following terms and conditions (the “Terms of Service”):

1. The Devices provided to the Business are provided free of charge, on an “as-is” basis, without warranties, express or implied, or representations as to accuracy, reliability, or functionality. Other than any warranty provided by the manufacturer, Communitech and the Distributors disclaim any and all representations, warranties and conditions, whether express, implied, written or oral, in relation to the Devices, including fitness for use for any particular purpose.
2. The Business acknowledges that Rapid Antigen Screening is not considered to be an effective, preventive measure for COVID-19 on its own, and does not replace public health strategies such as symptom screening, physical distancing and other requirements under applicable provincial guidelines and law, including pursuant to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2021 (“ROA”), the Health Protection and Promotion Act (“HPPA”), the Occupational Health and Safety Act (“OHSA”), the Emergency Management and Civil Protection Act (“EMCPA”), or any other applicable legislation.
3. Availability of Devices is subject to distribution plans and mechanisms imposed by the federal and provincial governments, that are beyond Communitech’s or the Distributors’ The Communitech and the Distributors make no guarantees regarding the availability or volumes of Devices.
4. The Business shall be SOLELY AND EXCLUSIVELY RESPONSIBLE for meeting all compliance requirements that govern private sector Rapid Antigen Screening under Ontario law, including:
   1. Ontario’s Considerations for Privately Initiated Testing (“Considerations”). The Considerations are determined in the sole discretion of the Ontario Ministry of Health, and may be subject to change at any time. At present, the Considerations require, at a minimum:
      • Prior to initiating testing, organizations must contact their local public health unit to make them aware that they will be engaging in a private testing program.
      • Private testing can only be performed using one of the types of tests currently available in Ontario as per the COVID-19 Testing Guidance.
      • Organizations should have a systematic procedure in place to provide follow up on test results.
      • Organizations should have plans in place to respond should any individuals be exposed to, or diagnosed with, COVID-19.
      • Organizations are required to meet any reporting requirements under the Health Protection and Promotion Act or “HPPA”, including any possible obligation to report “preliminary positive” Rapid Antigen Screening test results to the local Public Health Unit.

The Business will be solely responsible for ensuring that it is complying with the most up to date requirements under the then-current version of the Considerations.

1. The Business will be solely responsible for ensuring that all staff members or persons responsible for administering Rapid Antigen Screening at their workplace have met all applicable training requirements designated by the Ministry of Health, including but not limited to, the specific training materials for Rapid Antigen Screening listed on the COVID-19 Health System Response Materials
2. Any applicable legislative requirements under the HPPA, including with respect to the authorized collection, retention, use and disclosure of Personally Identifiable Information (“PII”), including Personal Health Information (“PHI”);
3. Any applicable legislative requirements under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2021 (“ROA”);
4. Any applicable legislative requirements under the Emergency Management and Civil Protection Act (“EMCPA”);
5. Any applicable legislative requirements under the Occupational Health and Safety Act (“OHSA”).

5. Pursuant to its collateral agreements with the provincial and federal governments, Communitech is required to collect and disclose certain aggregated statistical data for the purposes of inventory and supply chain management, as well as quality control (“Reporting Obligations”). In order for Communitech to meet the Reporting Obligations, the Business must, on at least
   1. Anonymized statistical data regarding:
      1. The number of Rapid Antigen Test kits utilized within that week;
      2. The number of “preliminary positive” test results rendered within that week;

• The number of “preliminary negative” test results rendered within that week;

1. The number of “inconclusive” test results rendered within that week;

Under no circumstances shall the Business provide to Communitech or the Distributors any PII or PHI relating to any persons who participate in private sector Rapid Antigen Screening administered by the Business. 

6. The Business will ensure that Devices provided to the Business by Communitech and the Distributors are used ONLY for the purposes of screening persons who may be required to enter the Business’ physical workplace, or any authorized use permitted by the Program.
7. Devices provided to the Business by Communitech and the Distributors shall not be resold or distributed to any other person, under any circumstances, or used for any purpose other than any purpose related to the Program. If the Business no longer requires Rapid Antigen Test kits provided to the Business pursuant to the Program, it will notify Ying Jiang at ying.jiang@communitech.ca to arrange for immediate retrieval of unused Rapid Antigen Test kits.
8. Any failure by the Business to meet the terms of this Agreement, including without limitation compliance with the reporting obligations identified at paragraphs 4 and 5 herein, will result in the Business’ future inability to participate in the Program.
9. The Business agrees to indemnify and release Communitech and the Distributors, including all current and former parents, subsidiaries, related companies, partnerships, or joint ventures and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, and any other persons acting by, through, or in concert with any of the persons or entities listed in this provision, The Regional Municipality of Waterloo and its employees, Regional Chair, Councillors, volunteers, representatives, agents, subsidiaries or related corporations, successors and assigns of and from any and all liability for any purpose related to the implementation of the Program and/or any issues, claims, actions, demands or legal proceedings of any sort, which may be related to the Program. For greater certainty, the Business shall be solely responsible for any and all claims, causes of action, demands, liabilities, and expenses (including legal costs) with respect to the Business’ implementation of POC rapid antigen testing at its workplace.
10. This Agreement is made under and shall be construed according to the laws of the province of Ontario and the laws of Canada applicable therein.

  

SCHEDULE “A” – LIST OF DISTRIBUTORS

 

The following entities are authorized “Distributors” for purposes of the above Terms of Use: 

• A Chamber of Commerce or Board of Trade listed on the Ontario Chamber Network website: https://occ.ca/chamber-network-directory/ 

• The following Municipalities:

• City of Brampton