Terms & Conditions for Medical Locations and Doctors

Connect the Doc Marketing Inc. (“CTD”) provides you with a variety of online services (“Services”) that enables you to promote yourself and your location online at www.connectthedoc.com, www.connectthedoc.ca, reviews.connectthedoc.com and other domains owned by CTD (each a “Site”). In addition to the Terms & Conditions listed above for all Site Visitors, this portion of the Terms of Service (the “Agreement”) sets forth the legally binding terms for your use of the Site and Services as a location owner, provider, location staff member, consultant, or administrative staff.

YOU ACKNOWLEDGE THAT BY VISITING THE SITE, USING THE SERVICES, PAYING FOR SERVICES, POSTING CONTENT ON THE SITE, ACCESSING CONTENT ON THE SITE, AND/OR REGISTERING WITH CTD, YOU ACCEPT, ACKNOWLEDGE, AND AGREE TO THE TERMS OF THIS AGREEMENT & CTD’S PRIVACY POLICY. PLEASE NOTE THAT CTD OFFERS ITS SERVICES ON AN “AS IS” BASIS AND WITHOUT WARRANTIES.

1. Eligibility & License Granted

‍

By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will at all times and from time to time maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. CTD gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CTD as part of the Services provided to you by CTD. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of CTD through the Services (the content) in any way, except as permitted by the Terms.

2. Registration & Account Creation

‍

The services CTD offers requires you to agree to this Agreement so that your account can be created on connectthedoc.com, reviews.connectthedoc.com, analytics.connectthedoc.com, and any other affiliate website or Service that CTD is partnered with. By using, subscribing, and/or paying CTD for the CTD Services, you agree to these Terms of Service. CTD will use the information you sign up with and information found online to create your account(s) online. You can change this information at any time when you are logged in to your account. If you do not have access to your account or need to make change to your account, please contact CTD directly. We may provide you with a temporary username and/or password to access your account; you should keep this information private and should change your password immediately after logging in for the first time. You are responsible for notifying CTD if your login information has been stolen or your account has been accessed and/or altered in any way without your knowledge at the time or permission.

3. Compliance with Third Party Services / Materials

‍

The Services incorporate certain third party software (“Third Party Software”), services, or sites, which are licensed and/or accessed subject to their terms and conditions. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any other Third Party Software, service, or site.

‍

You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via CTD. By using CTD to find material on the Internet, you instruct CTD to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and CTD disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via CTD. You acknowledge and agree that CTD: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by CTD of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.

‍Businesses using the CTD platform agree to adhere to the Terms of Service of all major review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites.

‍

Review gating: Businesses using CTD that choose to implement any form of review gating, must do so at their own risk regardless of the default setting that CTD implements. Review gating is a process where the business sends a message to the customer asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review on a Third Party Site. Those who had a negative experience are typically sent to an internal form to leave comments that are not made public. When soliciting reviews using the CTD platform, businesses should provide all recipients the same options to provide feedback, regardless of their sentiment. While CTD allows you to build, create, and customize review workflows with and without gating, CTD will automatically add Third Party Site links on the internal feedback form on all default review workflows to follow best locations.

‍

Sites prohibiting solicitation of reviews: Businesses using CTD will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the CTD platform to bypass review sites’ policies. Should you decide to add a review link to Yelp, you are doing so at your own risk.

‍

Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, and such 3rd party review site notifies CTD, CTD will notify the business and allow them 30 days take corrective action. Should the business fail to comply within the 30-day notice period, their account may be suspended from CTD.

4. Online Bookings & Appointment Cancellations

‍

Certain CTD Services that you may be subscribed to allow prospective patients and users of the site to book or request appointments online. CTD does not recommend using its Service as a location management software replacement but rather as an online tool that promotes specific appointments that are hard to fill. You are able to add, remove, and edit appointment requests and real appointments which can be made available to the public by logging into your CTD Location Account and managing your online calendar. Once a real appointment or appointment request has been made online, you will automatically receive a conformation email by the system; CTD encourages you contact the patient directly to qualify them and to transfer the appointment information into your in-house scheduler. If you need to cancel a CTD site user’s appointment for any reason at any time, please contact them directly with the information provided to you on your CTD Calendar. CTD’s appointment cancellation policy lets CTD patients cancel real appointments booked online using the Site at least 24 hours in advance. If patients must cancel their appointment less than 24 hours in advanced, they are required to call your location directly. Depending on your cancellation and no show policy, patients may be charged a cancellation fee by you. Should you have a cancellation or no show policy, CTD requires you to provide it to CTD Site users in your profile’s additional information section. It is your sole responsibility to outline and enforce your cancellation and no show policy for appointments cancelled by CTD users within 24 hours. CTD will not be held liable or responsible for any additional payments owed to you by CTD site users for any cancellation and no show charges incurred. BY AGREEING TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE TO CTD’S CANCELLATION POLICY AND FURTHER AGREE TO ALLOW ALL CTD SITE USERS TO MAKE CANCELLATIONS TO THEIR APPOINTMENTS WITH AT LEAST 24 HOURS NOTICE OR AS PERMITTED BY CTD’S CANCELLATION POLICY WITH NO CHARGES OR FEES.

5. Subscription & Billing

‍

This Agreement will remain in full force and effect for the entire duration of your term while you are on CTD. Your subscription term will be either monthly, quarterly, or annually, depending on the subscription you sign up for and/or as agreed upon by you and a CTD Account Executive. Once your account is active, your billing date will become your effective date and your account will automatically renew as per the terms of your subscription at a grandfathered rate until cancelled. If you would like to cancel, change or downgrade your subscription, please provide CTD with at least 30-days advanced notice. If you would like to cancel an annual contract that is outside of the 30 day renewal window, you will not be refunded for any portion of your annual payment. CTD MAY TERMINATE YOUR ACCOUNT AT ANY TIME FOR ANY REASON, EFFECTIVE UPON SENDING WRITTEN NOTIFICATION TO YOU AT YOUR LISTED EMAIL ADDRESS OR LOCATION MAILING ADDRESS. You understand that termination of your Account involves deletion of your CTD profile information, landing pages, micro-sites, and subscriptions from our live databases as well as any Content that you have uploaded to the CTD Website using such Account. CTD will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

6. Site Content, Profile Content, and Websites

Information you post on any profile, page, microsite, or website (“Sites”) hosted by CTD, cannot always be monitored by CTD. You are responsible to make sure you own or have permission to use any and all text, photos, logos, videos, testimonials, and any other information (“Content”) in your account and on your Sites. You must further ensure that all Content is accurate and appropriate. If CTD is contacted by a site user who believes your profile Content is inaccurate or inappropriate, CTD may add, remove, and/or edit your practice’s Content at its sole discretion for any reason whatsoever.

7. CTD’s Site Content and Ownership

‍

All of the information provided to you by CTD including text, photos, graphics, and video content is protected by trademark, copyright and other proprietary rights. All work-product that is provided to you that was created by CTD which includes, but is not limited to, website design, landing page design, wireframes, mockups, mobile applications, micro-sites, graphic design, SEO, paid ad campaigns, social media marketing, email newsletters, and any other marketing material is also protected by trademark, copyright and other proprietary rights. The sole ownership of all work-product belongs to CTD. You may not use, disclose, copy, reproduce, sell, exploit, or distribute or otherwise deal with any of CTD’s information or work-product for any purpose whatsoever.

8. Changes in CTD’s Services

‍

CTD is constantly changing its Services and its Site to provide your location with the best possible online experience. CTD may at any time add, remove, substitute, or change its Services without notice. Your continued use of the Site constitutes your acceptance and acknowledgement of such changes. CTD will ensure that you will have access to the Services you have subscribed for but CTD will not be held responsible or liable to you or any third party for any changes made to the Services or the Site.

9. Interaction and Posted Content

‍

You may have the opportunity to provide and receive feedback, receive and submit questions or comments, receive and submit professional recommendations, and/or participate in different interactive features on CTD or other third-party sites (collectively “Site Interactions”). Each Site Interaction you participate in is completely optional and voluntary. CTD reserves the right to publish any of your Site Interactions as part of CTD’s Services. Please make sure that all feedback, comments, posts and other Site Interactions are accurate and do not breach any proprietary rights. CTD reserves the right to review and remove any of your Site Interactions that CTD feels may be inappropriate or may be in breach of this Agreement.

10. Software Integrations, Review Campaigns & Confidential Information

‍

You will provide patient data to CTD through either a direct integration with your PMS, indirectly through a third-party integration bridge, by email, or through a direct check-in on the application. CTD agrees not to use or disclose PHI, other than as permitted or required by this Agreement or as Required By Law. Where applicable, CTD shall enter into a written agreement with any partners, businesses, consultants, agents, contractors, or sub-contractor that creates, receives, manages, maintains, supports, transmits, or accesses PHI on behalf of the business. CTD will use appropriate physical, technical and administrative safeguards to prevent use or disclosure of PHI other than as provided for in this Agreement or as Required by Law.

11. Disclaimer of Warranties
‍

CTD provides the Site and the Services on an “AS IS” basis. THIS SITE IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES.

‍

CTD does not in any way provide its users with a substitute for any medical opinions, advice, or diagnosis but rather assists them in locating different healthcare professionals. CTD makes no guarantee, warranty, or representation to its site users with respect to the professional qualifications or quality of work of healthcare professionals found on the Site. Further, CTD makes no guarantee, warranty, or representation as to the availability of any healthcare professional at any of the times available or listed on the Site. CTD WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY BOOKED, CANCELLED, RESCHEDULED, OR NO SHOW APPOINTMENTS. If a CTD user books an appointment and does not show up, contact CTD so that it can keep track of no show patients.

‍

UNDER NO CIRCUMSTANCE WILL CTD BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY USER OF THE SITE OR ANYONE ELSE FOR ANY DECISION MADE BASED ON INFORMATION PROVIDED ON THE SITE. CTD WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY INJURIES RESULTING FROM THE USE OF THE SITE. CTD HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ALL SUCH MATTERS. It is your responsibility to make any and all inquiries necessary to confirm any information regarding a booking made by a Site user on the CTD site.

‍

CTD does not guarantee that all features of the Site will be available at all times and does not guarantee that the Site will be fault free. CTD does not guarantee that you will be able to access or use the Services at all times or all locations. CTD makes no warranties that the Site or the Services will operate error free and that there will be no loss of data or that the Services will be bug free. CTD makes no representation or warranties about its information systems or the security of your sensitive and personal information.

12. Limitation of Liability

‍

Under no circumstance will CTD be liable to you, any third party, or anyone else, under any contract, strict liability, tort, negligence, or other legal or equitable theory, for any direct, indirect, special, incidental or consequential damages arising from your use of, or inability to use, the Site and/or Services. CTD hereby disclaims all such liability. Your exclusive remedy for any dispute with CTD is the cancellation of your CTD account.

13. Indemnification

‍

You will defend, indemnify, and hold harmless CTD and each of its employees, executives, contractors, directors, associated locations and affiliated companies from any and all claims and liabilities, including any and all attorney’s fees, that arise from your use of, and access to, the Site or Services, or any part thereof.

14. Controlling Law

‍

This Agreement, and all other provisions contained herein, shall be interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.

15. Entire Agreement

‍

This Agreement constitutes the sole and exclusive statement of the terms and conditions hereof and supersede any prior discussions, writings, and negotiations.

16. Waiver

‍

No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

17. Language

‍

The parties hereby acknowledge that they have required this Agreement and all related documents to be drawn up in the English language.