Please read the following terms of use carefully (hereinafter the “Terms of Use”) of Doctr, a company legally incorporated under the name “Wise Guys Technologies Inc.” whose head office is located at 4388 Rue Saint-Denis Suite 200 #622, in the city of Montreal (H2J 2L1) province of Quebec, in Canada (hereinafter “Doctr”).

Doctr operates this web site (https://www.doctr.ca/) and this application (Doctr.ca/app) (hereinafter “Platforme”). By deciding to use the Platform and Doctr’s services, the user, that is to say the end user or the organisation you represent, or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the Privacy Policy of Doctr.

The terms “you” and “your” refer to the User.
Doctr provides its Users with a Platform allowing them to request that a care coordinator book a medical appointment on your behalf (hereinafter the “Care Coordinator Doctr Services”), to access wait times or occupancy rates for emergency rooms across Canada as wells as to access analyses and trends (hereinafter the “Doctr Services”) and to make a one-time appointment at a clinic in situations where you do not have a health insurance card (hereinafter the “Cardless One-Time Services”) (the “Care Coordinator Doctr Services”, the “Doctr Services” and the “Cardless One-Time Services” hereinafter collectively referred to as the “Services”).
These Terms of Use have the effect of legally binding the User and Doctr (hereinafter the “Parties”). The Parties are entitled to invoke these Terms of Use and to take all useful and necessary measures to ensure their respect.
If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, they must stop using the Platform.

ACCESS AND USE OF THE PLATFORM
If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.
The Platform is accessible from any computer tool (computer, smartphone, tablet…) and on all bowsers.
For optimal use, we recommend the use of the following browsers:
– Chrome;
– Microsoft Edge;
– Safari; and
– Firefox.
The Platform is accessible on the Apple Store (wit iOS system), on Google Play (with Android system), on our website and from any IT tool (computer, smartphone, tablet…) (hereinafter “Device”).

THE SERVICES
The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. Doctr is not responsible for any interruption of service or updating. Doctr will try to make the updates when the affluence of visits on the Platform is at its lowest.

Doctr does not guarantee that the Plaform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Doctr reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. Doctr can not be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on their account. Doctr will not remove anything unless a User requests it or unless the content posted from their account does not comply with the above provisions of the Social Media Terms of Use section of these Terms of Use. Doctr also reserves the right to delete certain personal data provided by the User in order to enhance the security of personal data in accordance with the provisions of the Privacy Policy .

The User agrees, non-restrictively, to not:
a) Use the Platform in a way that could harm, put out of service, surcharge or jeopardizes the Platform;

b) Disrupt the security or otherwise abuse of the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;

c) Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;

d) Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;

e) Use a robot, spider or any other automatic devise or manual method to control or copy pages or content of the Platform;

f) Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail;

g) Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that they are the sole person responsible for any action, communication engaged or sent to them or from them. They agree to respect the legislation applicable to its use of and its activities on the Platform.

h) Open a request in the Platform under a false name;

i) Open a request in the application with the identity of someone else, unless this request is made by the company of a family subscription for a member of the same family; and

j) Publish a false review or a vulgar and/or discriminatory review.

Doctr Services
Doctr Services are available through the Doctr app and website. Doctr Services allow you to check the occupancy rate of emergency departments in hospitals, as well as the availability of other medical care near you, and other information related to that Medical Care.

You can use the Doctr Services without creating an account. However, some features such as viewing history and bookmarks will not be available.

Cardless One-Time Services
Cardless appointments are available on the website. Cardless appointments allow you to book appointments at clinics without the need to present your health insurance card. The User can choose the time and day of the appointment from among those offered by the clinic and the appointment is confirmed immediately after payment. The User is responsible for choosing a time when they are available.

You can use Cardless One-Time Services without creating an account. However, the Platform allows you to create an account so that you can resume an appointment more quickly if you use this service in the future.

Care Coordinator Doctr Services
Care Coordinator Doctr Services are only available on the Doctr app. Care Coordinator Doctr Services allow you to receive assistance in booking a medical appointment geographically near the User. Medical appointments may include a variety of care or facilities such as hospitals, clinics, physicians, radiology services, and all other medical services, public or private (hereinafter the “Medical Care” or “Medical Care”).

You must have an account in good standing in order to use Care Coordinator Doctr Services, and you must have enabled the location feature on your Device. In addition, in order to use the Care Coordinator Doctr Services, you will be asked to submit your medical referral and/or health insurance card information, or any other information necessary to complete the medical appointment scheduling process on your behalf, as defined in the Privacy Policy .

The requested data is necessary for Doctr to provide you with the Care Coordinator Doctr Services as clinics require it for appointment scheduling. However, it will be deleted shortly after the Care Coordinator Doctr Services are provided to you, as provided in the Privacy Policy. You must also pay the fees associated with the Care Coordinator Doctr Services according to Doctr’s specific General Terms and Conditions of Sale .

To use the Care Coordinator Doctr Services and make an appointment, you will need to:
1) Create an account if you have not already done so;
2) Select the type of Medical Care or Specialist you are looking for;
3) Select the travel radius for which you are willing to travel;
4) Transmit medical referral information and/or your health insurance card after payment for Care Coordinator Doctr Services;
5) Describe the reason for you consultation.

You also have the option to upload or transmit any other medical documents or relevant information. Upon submission of all this information, Doctr will proceed with your request by seeking a medical appointment on your behalf.

The appointment request when using Doctr Care Coordinator Services must be in your name or on the terms set forth in the General Terms and Conditions of Sale.

Care Coordinator Doctr Services and Medical Care exclude any treatment requested by a User with a life-threatening medical condition.
When a User purchases Care Coordinator Doctr Services, they agree, in addition to the application of the General Terms and Conditions of Sale , to the following conditions:

a) The phone number provided when using the Services may be transmitted to a Medical Care representative if requested by the latter in order to transmit additional information to the User;

b) When an appointment is proposed through the Application, the requested appointment is considered accepted unless the User refuses the appointment. The User will have the possibility to refuse the proposed appointment on the Application, to the exclusion of any other means;

c) The User will receive notifications on his Device for any Care Coordinator Doctr Service they have purchased. Such notifications may include, but are not limited to, reminders, a request for appointment evaluation, the proposal of related services, or the scheduling of a new appointment, if necessary, by a new Care Coordinator Doctr Service and without any obligation to agree to it;

d) Personal Information (as defined in the Privacy Policy ) useful for making appointments will be transferred to Medical Care and its representatives when required in accordance with the Privacy Policy . However, if the information transmitted by the User includes more Personal Information than the minimum required by the Platform for making appointments on your behalf, the User agrees that it may be seen by representatives of Medical Care; and

e) The User must show up at the time and place of his appointment proposed by Care Coordinator Doctr Services and accepted on the Platform. In the event of repeated failures to comply with this obligation, Doctr may, at its sole discretion, suspend or cancel the User’s account or block access to the Services.

REGISTRATION USERNAME AND PASSWORDS
Some of the features available on the Platform require registration. If you choose to register for such a feature, you agree to provide true and current information about yourself as required by the registration process and to promptly update such information as necessary to ensure that it remains accurate and complete. Alternatively, you may use a validated Facebook account to create an account, however, you may be asked for additional information to use certain Services.
You acknowledge that you are responsible:

i. To maintain the confidentiality of any passwords you choose or are assigned as a result of your registration or subscription;

ii. For any and all activity that occurs under your username or password; and

iii. To log out of your account at the end of each session.

Furthermore, you agree to notify Doctr of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this section, Doctr will not be liable for any loss or damage arising therefrom.

ACCOUNT SUSPENSION, ACCESS LIMITATION, TERMINATION
In the event of a serious breach of this Agreement, or if Doctr has reason to believe that your actions are necessary to protect the safety and security of Doctr, its other Users or third parties, for fraud prevention or investigation purposes, Doctr may make the decision to:

i. Restrict access to and use of the Platform to the offending User; and/or

ii. Suspend the offending User’s account, temporarily or permanently, as required by the severity of the acts.

INTELLECTUAL PROPERTY
Unless otherwise specified, all intellectual property rights (trademarks, copyrights, …) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of Doctr. The User may not copy or use the material, structure, menu, appearance, or characters that appear on the Platform without the express consent of Doctr.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of Doctr.

Without limiting their coverage, the Intellectual Property elements belonging to Doctr include, non-exhaustively, the following elements:
– All logos drawings, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;
– All software, APIs and materials made available by the Platform; and
– All databases made available by the Platform.

Unless otherwise specified, any information provided on the Platform belongs to Doctr and is protected by the applicable laws. Except when provided otherwise, the information can not be copied, displayed, distributed, downloaded, used with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Doctr’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.
Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

Subject to applicable law, the import, creation, submission or storage of content by the User grants Doctr a non-exclusive license worldwide, free of charge, transferable, and sub-licensable. This licence authorizes Doctr to host, use, modify, reproduce, publish, publicly perform, create derivatives works, or distribute your content. Under this license, Doctr may only use your content for the purpose of operating, promoting or improving its services. If you wish to terminate this license, simply delete your account. However, the content you have shared will always be visible to other users: you can request its removal, under certain conditions, from the contact person, who you can contact at: legal@doctr.ca.

EXTERNAL LINKS
It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, Doctr provides on its Platform links to other websites only for user-friendly and informative purposes. Doctr has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality, or adequacy. Doctr is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. Doctr has no influence on the content to which the External Links refer to and is not responsible for it. Doctr does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, Doctr does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.
Furthermore, Doctr does not guarantee the absence of copyright, trademark or any other rights violations by those External Links or their content. Doctr does not guarantee the absence of virus or any other harmful composite on those External Links or on their content.
Doctr also does not guarantee the accuracy of document available on Internet.

SOCIAL MEDIA
The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media”).

General statement
By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as their parent/legal guardian if they have not reached the age of majority according to their territory or province of residence) agrees to be bound by and to obey the present Terms of Use, Doctr’s Privacy Policy as well as Social Media providers’ terms and conditions, if any. You also agree that Doctr can copy, edit, publish, translate and distribute your commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.

Terms of use of Social Media
Some comments and other elements displayed on Social Media pages may not represent Doctr’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages, with respect to Doctr:

– any defamatory content;
– offensive;
– forged;
– obscene;
– misleading;
– illegal;
– violating in any other way the rights of others (including privacy rights);
– any advertising content;
– promotional documents or any other form of undesired solicitation;
– any content whose origin or source is falsified;
– any financial or personal information about you or anyone else; and
– any information that Doctr would judge to be a breach of the Term of Use.

Any information, message, link or item that, according to Doctr, enter in either one of the categories listed above will be deleted without engaging Doctr’s liability.
In addition, Doctr does not assume responsibility for filtering messages posted on Social Media.

Doctr is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY
Doctr does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied conditions and warranties of merchantability and fitness for particular purpose, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

Doctr is not responsible for the content he posted on the Platform by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer under the Consumer Protection Act, this act does not allow for the exclusion of warranties and Doctr’s disclaimer of liability for certain damages. In this case, the User has additional rights and is not subject to the limitations mentioned below.
Except where the Consumer Protection Act is applicable, Doctr is not liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if Doctr has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify Doctr, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of Doctr, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.
You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

AMENDMENTS TO THESE TERMS
Doctr occasionally update these Terms of Use. Continued use of this Platform constitutes the User’s agreement to these Terms of Use and to its updates.

However, when the Consumer Protection Act applies, Doctr will notify thirty (30) days prior to the effective date of the amendment to the current Terms of Use. Doctr will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, they will have no later than thirty (30) days following the entry into force of the amendments to send a notice to Doctr and to terminate, without charge or penalty, their obligations to Doctr.

FRENCH AND ENGLISH LANGUAGE
If the Terms of Use are available in more than one language and a problem of definition or interpretation arises between the French version and any other version of the Terms of Use, the French version shall prevail.

INTERPRETATION
The foregoing section headings are inserted for reference purposes only and shall not affect the construction or interpretation of the provisions of these Terms of Use.
Whenever the context requires it, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

CONTACT PERSON
If you have any question or comments regarding any content of the Platform, please contact us at legal@doctr.ca.

Last update done September 13th, 2022.

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