For Healthcare Provider
These Terms of Use state how you may use our website as a registered Healthcare Provider
(“Provider”).
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time
to time without notice to you. By registering as a Provider, you are agreeing immediately upon said
registration to the Terms of Use as they appear, and agree that you are legally bound by them,
whether or not you have read them. If at any time you do not agree with these Terms of Use, please
do not use our website as a registered practitioner.
Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the
Credit Card Authorization Form you have signed.
“Practitioner” or “you” means any registered health care practitioner of our website.
“Providers” means any registered employer on our website
“FindyourHCP”, “we”, or “us” means Find Your HCP Inc.
“Terms of Use” includes this document and all the standard provisions that form part of any contract
we enter into with user (including you) of our website, as amended from time to time by us in our
sole discretion, without notice to you.
Terms of Use
What you should know about our website
1) FindyourHCP is in beta testing and does not currently have full capabilities to match
Practitioners with potential Health Care Providers.
2) Registering on the website does not guarantee you will find a Healthcare Practitioner
(“Practitioner”) to fill your positions.
3) We will maintain your information in our database and use it for future engagements. For our
privacy policy and understanding how we protect your information, please refer to our policy
4) FindyourHCP reserves the right to validate the information you have submitted with 3rd parties,
including but not limited to affiliated colleges, associations and memberships.
What you should know about registering and
applying for listings available on our website.
1. We provide a platform for Practitioners and healthcare providers to match. FindyourHCP does
not retain practitioners and independent contractors or employees.
2. By registering for and accepting positions listed on our website, you agree to the following:
- a. The Provider shall maintain general liability insurance in such amount as shall
be determined by us.
- b. The Provider agrees to abide by all applicable legislation with respect to the
Practitioners.
- c. The Provider shall ensure that the Practitioner works in a healthy and
compliant work environment and will provide written policies and procedures for the
Practitioner’s guidance.
The Practitioner is an independent contractor and nothing in this Agreement shall be interpreted
to conclude that the Practitioner is an employee of FindyourHCP or any Provider. The
Practitioner bears sole responsibility for the payment of taxes, employment insurance and other
expenses associated with their business.
3. In the event that the Practitioner and the Provider wish to enter into a permanent
relationship, this decision must be communicated to us and FindyourHCP.com will charge a fee to
the Provider. Fees vary based on the Practitioner and the nature of the position.
What we’re responsible for
4. We reserve the right to demand documentation evidencing the requirements set out above.
5. At the time of your registration, your application will be held for 24 hours in order for
us to carry out our vetting procedure which may include: determining the nature of the
position which is being listed, the procedures in place at the Provider, interview of the
Provider’s contact person, review of Provider’s business and/or general liability insurance.
6. At the time of registration, the Practitioner’s application will be held for 24 hours in
order for us to carry out our vetting procedure which may include: determining the nature of
their skills and licence, the scope of your experience and proactive, their standing with
your college, any complaints against him, past charges and their professional liability
insurance provider.
What we’re not responsible for
7. You agree that you are using your own judgment in using our website and in applying
for any listings and you agree that you are using your own judgment in using our website
and in applying for any listings and you agree that you are doing so at your own risk.
You agree and understand that you assume all risks and no results are guaranteed in any
way. You are solely responsible for your actions, decisions and results based on the use
of our website.
8. To the fullest extent permitted by applicable law, we expressly exclude any liability
for any direct, indirect or consequential loss or damage incurred by you or others in
connection with our website, including without limitation any liability for any
accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or
business interruptions, misapplication of information, physical or mental distress,
condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of
income or revenue, loss of business, loss of profits or contracts, loss of anticipated
savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of
any kind, in law or in equity, however and whether caused by negligence, breach of
contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that
we are not liable for any defamatory, offensive or illegal conduct of any other website
user, including you.
9. We try to ensure that the availability and delivery of our website is uninterrupted
and error-free. However, we cannot guarantee that your access will not be suspended or
restricted from time to time, including to allow for repairs, maintenance or updates,
although of course, we will try to limit the frequency and duration of suspension or
restriction. To the fullest extent permitted by law, we will not be liable to you for
damages or refunds, or for any other recourse, should our website become unavailable or
access to it becomes slower due to any reason which may from time to time make our
website inaccessible to you.
10. We shall not be liable for any loss, damage or delay in fulfilling our obligations
pursuant to this Agreement caused by or resulting from conditions or causes beyond our
reasonable control including but not limited to power outages, riots, fire, flood,
explosion, governmental controls or regulations, civil insurrections, acts of terrorism,
civil or military authority, and inability to obtain necessary supplies and materials or
perform our obligations due to such causes.
11.Links to Other Websites :
We may provide
links and pointers to other websites maintained by third parties that may take you outside
of our website. These links are provided for your convenience and the inclusion of any link
in our website to any other website does not imply our endorsement, sponsorship, or approval
of that website or of its owner. We assume no responsibility for errors or omissions caused
by other websites that may be included in our website. We have no control over the contents
or functionality at those websites and so we accept no responsibility for any loss, damage,
or otherwise that may arise from your use of them and therefore we do not guarantee the
accuracy, completeness, or usefulness of any other website or their content.
Indemnification, Limitation of Liability and Release of
Claims
12. Indemnification : You agree at all times
to defend, indemnify and hold us harmless, as well as any of our agents, contractors,
officers, directors, shareholders, employees, joint-venture partners, successors,
transferees, assignees, and licensees, as applicable, from and against any and all
claims, causes of action, damages, liabilities, costs and expenses, including legal fees
and expenses on a solicitor client basis, arising out of or related to your use of our
website, or your breach of any obligation, warranty, representation or covenant set
forth in these Terms of Use or in any other agreement with us, to the full extent
permitted by applicable law.
13. Limitation of Liability : We will not be
held responsible or liable in any way for the information, that you request or receive
through or on our website.
14. Release of Claims: In no event will we
be liable to any party for any type of direct, indirect, special, incidental,
equitable or consequential damages for any use of or reliance on our website, and
you hereby release us from any and all such claims; including, without limitation,
those related to lost profits, personal or business interruptions, personal
injuries, accidents, misapplication of information, or any other loss, physical or
mental disease, condition or issue, or otherwise, even if we are expressly advised
of the possibility of such damages or difficulties, to the fullest extent allowable
by applicable law.
15. Authorization and Permission : You
will provide a valid credit or debit card upon registration and you give us
permission to automatically charge your credit card or debit card as payment for any
fees which become due.
Circumstances under which your registration
may be terminated
16. Termination: Your registration and
access to our website and our platform may be terminated:
-
(a) by the Provider or by us on 30 days’ written prior notice to either Party.
-
(b) by us without prior notice and without further obligation to the Provider in
the event of a breach of the Agreement by the Provider.
-
(c) by us and without prior notice and without further obligation to the
Provider if any of the following occurs :
-
a. The Provider maintains a 3* or less rating after after this has been
brought to its attention and it has been given a reasonable opportunity to
improve.
-
b. The Provider fails to maintain an acceptable working environment ast the
sole discretion of FindyourHCP.
-
c. The Provider files for bankruptcy.
-
d. The Provider cannot provide evidence of its liability insurance when
requested by FindyourHCP
-
e. There is a serious complaint lodged against the Provider either by the
Practitioner or the Provider’s clients.
-
(d) By us and at our election, on the basis of Frustration due to Disability
or Serious Illness.
17. Dispute Resolution: It is hoped that
should we ever have any differences, we will be able to work them out amicably
through email correspondence and telephone conference calls. However, should we be
unable to seek resolution within a reasonable time as determined in our sole
discretion, you agree now that the only method of legal dispute resolution that will
be used is binding arbitration before a single arbitrator who practices in the
province of Ontario, selected jointly by us. Before seeking arbitration, you must
contact us in writing, and include all of your reasons for dissatisfaction with your
use of our website. You understand and agree now that the only remedy that can be
awarded to you through arbitration is full refund of your payment made to date. No
other actions or financial awards of consequential damages, punitive or aggravated
damages, or any other type of damages, may be granted to you. We both agree now that
the decision of the arbitrator is final and binding and may be entered as a judgment
in any court of competent jurisdiction in Ontario. In the event of a dispute between
us, you agree to not engage in any conduct or communications, whether in public or
in private including but not limited to on social media, either directly or
indirectly, designed to disparage us, our company, or our website. Where requested
by law or arbitration, of course, you are not prohibited from sharing your thoughts
and opinions as part of the legal process.
18. Governing Law: These Terms of Use and
all contracts and agreements between us shall be construed and interpreted according
to the laws and regulations of the province of Ontario and Canada.
19. Survival: These Terms of Use,
including but not limited to all copyright, trademark, and intellectual property
rights, disclaimers, limitations of liability, release of claims, and our refund
policy will survive the termination of our agreement by either you or by us.
20. Entire Agreement: These Terms of Use
supersede all prior representations, arrangements, negotiations, understandings and
agreements between you and us, both written and oral, relating to our website and
sets forth the entire complete and exclusive agreement and understanding between us.
Further neither of us has relied on any representation, arrangement, understanding
or agreement (whether written or oral) not expressly set out or referred to in these
Terms of Use.
21. Severability: If any provisions in
the Agreement are construed by a court of competent jurisdiction to be void or
unenforceable for any reason, it shall be deemed to be severed from the Agreement
and shall not affect the validity or enforceability of all other provisions in the
Agreement, which shall remain in full force.