For Healthcare Practitioners

These Terms of Use state how you may use our website as a registered Healthcare Practitioner (“Practitioner”).

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 Practitioner, 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” 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 employment.

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 Practitioner shall maintain good standing with their college.
• b. The Practitioner shall maintain professional liability insurance in the amount of $2 million or in the amount required by the Provider whichever is the greater.
• c. The Practitioner agrees to abide by all applicable legislation.
• d. The Practitioner shall abide by the terms of agreement signed with the Provider and abide by the Provider’s policies and procedures.
• e. The Practitioner will perform any and all duties as requested by the Healthcare Provider (“Provider”) that are reasonable and there are customarily performed by a person holding the same designation within industry or business of the Provider.
• f. The Practitioner shall attend at the location required by the Provider at the time and date required and for the number of hours required as set out in the posting to which the Practitioner applied.
• g. The Practitioner agrees that reasonable and sufficient notice shall be given for any missed shifts. If there is less than 24 hours’ notice provided and the Provider is unable to fill the position, failure to show up on time and stay for the entirety of your shift will result in a $250 administration charge (“No-Show Charge”)

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 registration, your application will be held up to 24 hours in order for us to carry out our vetting procedure which may include: determining the nature of your skills and licence, the scope of your experience and proactive, your standing with your college, any complaints against you, past charges and your professional liability insurance provider.

6. At the time of the Provider’s registration, its application will be held up to 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.

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, including the « No-Show Charge ».

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 Practitioner or by us on 30 days’ written prior notice to either Party.
• (b) by us without prior notice and without further obligation to the Practitioner in the event of a breach of the Agreement by the Practitioner.
• (c) by us and without prior notice and without further obligation to the Practitioner if any of the following occurs :
• a. The Practitioner maintains a 3* or less rating after after this has been brought to their attention and he has been given a reasonable opportunity to improve.
• b. The Practitioner loses their professional license.
• c. The Practitioner files for bankruptcy.
• d. The Practitioner cannot provide evidence of their professional liability insurance when requested by us.
• e. There is a serious complaint lodged against the Practitioner either by the Provider or the end 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 our website and /or services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of any 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 the website and Services which you have purchased from us, 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.