Doctors On Site Inc. last updated the Terms of Use (User Agreement) (“Terms”) on October 1, 2024. We post the current version of the Terms at www.doctorsonsite.ca . We reserve the right to amend the Terms at any time to account for changes in applicable law and regulations, our services, our practices, and/or the DOS Platform. Depending on the nature of the change, we will post the updated version of these Terms at www.doctorsonsite.ca  with the date these Terms were last revised and/or notify you by posting a notice of material amendments to these Terms as required by applicable law. Please check to see if we have amended these Terms since you last used the DOS Platform. We may but are not obligated to post notice of amendments. By using the DOS Platform or participating in any DOS Programs after the amendment of these Terms, you are agreeing to comply with and be bound by the amended Terms.

The DOS Platform and Services.

DOS Corporation (“DOS”, “we”, “us”) owns and operates an information technology platform consisting of applications, websites, content, products and services (collectively referred to as the “DOS Platform”). The DOS Platform enables registered users (“Users”, “you”, “your”) to access telehealth services provided by healthcare providers registered to practice in a province or territory of Canada (collectively, “Authorized Providers”) and certain other health-related services. Telehealth is healthcare delivered through interactive text, audio and/or video technology, where the patient and the healthcare provider are not in the same physical location (telehealth services provided through the DOS Platform are referred to in these Terms collectively as “Healthcare Services”). The DOS Platform also enables Users to store certain personal and personal health information (collectively“PHI”), share their PHI with Authorized Providers, electronically receive and store prescriptions, sick notes and other documents. In addition, DOS provides optional services at a User’s direction. Those services include DOS securely faxing a summary of the User’s consultations with Authorized Providers to a healthcare provider of the User’s choice, securely faxing prescriptions to the User’s pharmacy of choice, providing notice when the User’s prescription is ready for pick-up, opening an account for Users with a prescription delivery service, and where available, securely transmitting User information to a prescription delivery service. DOS may make additional optional services available to Users from time to time.

Eligibility.

In order to open an account to use the DOS Platform (“DOS-Account”), you must:

• be at least 18 years of age.
• be a temporary or permanent resident of a province or territory of Canada (“Residency Requirements”); and
• register with DOS.

Users may register individuals for whom they have the legal right to make healthcare decisions (“Registered Dependents”) and use the DOS Platform on their behalf. Users are required to create a separate “profile” for each Registered Dependent, which includes his or her name and other personal information. Where you are using the DOS Platform on behalf of Registered Dependents, the terms “you” and “your” in these Terms include those Registered Dependents. For clarity, nothing in these Terms requires DOS to accept any registrant as a User, notwithstanding that the registrant meets DOS’s eligibility requirements as amended from time to time.

Agreement with DOS.

These Terms govern Users access to and use of the DOS Platform. On acceptance by a User, these Terms constitute a binding agreement between DOS and the User. These Terms also govern a User’s participation in DOS’s Referral Program, Gift Card Program, and the Purchasing Credit Program (collectively “DOS Programs”). By clicking on the “I accept” button below, you are agreeing to these Terms. If you do not agree to these Terms at any point, you must not, or must immediately cease accessing the DOS Platform and participating in any DOS Programs.

In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. DOS’s Privacy Policy, which forms part of these Terms and is hereby incorporated by reference, is posted at www.doctorsonsite.ca/privacy-policy (“Privacy Policy”).

User representations and warranties.

You represent and warrant (promise) to DOS and acknowledge that DOS is relying on your representations and warranties that:

• you and your Registered Dependents meet the Residency Requirements and will continue to do so at the point in time that you request and that Healthcare Services are provided;
• you are authorized to act for your Registered Dependents and more particularly to make decisions regarding their healthcare; and
• you will use the DOS Platform solely for your personal and non-commercial use.

Nature and Scope of Healthcare Services

Authorized Providers, Relationship with User. Only regulated health professionals may provide Healthcare Services. Authorized Providers may be Authorized Physicians or Authorized Non-Physician Providers. “Authorized Physicians” are physicians registered to practice medicine in at least one province or territory of Canada. “Authorized Non-Physician Providers” are regulated health professionals other than physicians (such as psychotherapists or nurses) registered to practice their profession in a province or territory of Canada.

Telehealth licensing requirements. Each province and territory of Canada has its own rules about who may practice telehealth and the conditions for doing so. Depending on the rules in the province or territory in which you reside, Authorized Providers may not be located in your province or territory of Canada when delivering Healthcare Services to you.. If you would like more information, please consult the regulator (generally referred to as the “College” of a regulated health profession, for example the “College of Physicians and Surgeons”) of which the Authorized Provider is a member. Most if not all health profession regulators in Canada maintain a register of their members accessible through their website.

Not a Replacement for Primary Care. Healthcare Services do not take the place of appointments with your regular primary care provider. If you do not have a primary care provider, we encourage you to find one.  Your primary care provider may ask you to describe what the Authorized Provider found. To assist you in providing that information, the DOS Platform enables you to send a summary of your Healthcare Services to the healthcare provider of your choice.

Healthcare Services Terms of Use.

As a term and condition of receiving Healthcare Services, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. The DOS Platform is a technology platform that facilitates connecting Users (and any Registered Dependents) with Authorized Providers for the provision of Healthcare Services. While DOS facilitates access to Healthcare Services provided by Authorized Providers, it is not registered to provide Healthcare Services and does not do so as more particularly described below.
2. Authorized Providers are independent contractors who have chosen to use the DOS Platform to provide Healthcare Services. Authorized Providers are not employees or otherwise acting on behalf of DOS in providing Healthcare Services. The relationship between you and an Authorized Provider providing you Healthcare Services is a health professional-patient relationship to which DOS is not a party.
3. AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE HEALTHCARE SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS AND COMPLIANCE WITH PRIVACY LAW.
4. As the rules regarding telehealth differ (or may differ from time to time), among the provinces and territories, the Healthcare Services that are available to you will depend on your province or territory of residence and the location you are in at the time you request the services.
5. You will only request Healthcare Services for you or for your Registered Dependents.
6. As with any other healthcare consultation, no results can be guaranteed or assured in connection with Healthcare Services. Your Authorized Provider may determine Healthcare Services are not appropriate for some or all of your treatment needs or that he or she is not permitted to provide the services you require and may elect not to provide Healthcare Services to you. Authorized Providers also have the discretion to discontinue the provision of Healthcare Services to you at any time and for any reason.
7. You are responsible for providing the Authorized Provider with the information that he or she advises is required in order to provide you with Healthcare Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with Healthcare Services.
8. As with any other health care service, there are risks associated with the use of the Healthcare Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to telehealth, which include that the DOS Platform may not permit the transmission of information in a way that allows the Authorized Provider to provide Healthcare Services (for example, due to poor resolution of images). Other risks of the use of electronic means to transmit and store information are described in DOS’s Privacy Policy.
9. THE DOS PLATFORM CANNOT BE USED FOR EMERGENCY HEALTHCARE. IF YOU BELIEVE THAT YOU ARE DEALING WITH AN EMERGENCY, YOU WILL CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
10. The following symptoms are NOT eligible to be treated through the Healthcare Services: chest pains; difficulty breathing; fever in children under the age of 3 months; blackouts or feeling like you may blackout; any impairment in level of consciousness; stroke like symptoms such as impaired sensation or paralysis to one side of your body; inability to speak or comprehend language; any abdominal pain severe enough that you are unable to comfortably walk.
11. Unless they have an ongoing treating relationship with you, Authorized Providers are NOT permitted to prescribe certain kinds of medication including narcotics, controlled substances or other types of controlled medications, non-therapeutic drugs and other drugs, which may be harmful because of their potential for abuse.
12. ANY PRESCRIPTIONS YOU ACQUIRE FROM AN AUTHORIZED PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU WILL FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
13. You will seek emergency help or follow-up care when recommended by an Authorized Provider.

Technology-related Terms.

As a term and condition of using the DOS Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. You are prohibited from and will not:
   1. remove or alter any copyright, trademark, brand elements or other proprietary notices;
   2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the DOS Platform except as expressly permitted by DOS;
   3. decompile, reverse engineer or disassemble the DOS Platform;
   4. link to, mirror or frame any portion of the DOS Platform;
   5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the DOS Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the DOS Platform;
   6. attempt to gain unauthorized access to or impair any aspect of the DOS Platform, or its related systems or networks;
   7. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
   8. use the DOS Platform in a manner that violates any laws.
2. You will:
   1. keep secure and not disclose to anyone your DOS-Account username and password; and
   2. refrain from using abusive language or inappropriate conduct when communicating with anyone through the DOS Platform, including Authorized Providers.
3. You will not contact Authorized Providers in respect of Healthcare Services except through the DOS Platform. For clarity, DOS has no interest in or control over any interaction that you may have with Authorized Providers that is unrelated to Healthcare Services or your use of the DOS Platform.
4. Unless otherwise permitted by DOS in writing, you may only have one DOS-Account.
5. You are responsible for all activity that occurs under your DOS-Account.

Business Terms.

As a term and condition of using the DOS Platform, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING.

1. You will be charged a provider fee for any Uninsured Healthcare Services you receive from an Authorized Provider (“Provider Fee”).
2. Like certain other health professional services, when Healthcare Services are not covered or insured by the health plan of your province or territory of residence (the “Health Plan”), these Healthcare Services require the payment of a fee (these for a fee Healthcare Services are hereafter referred to as the “Uninsured Healthcare Services”). The Provider Fees charged to you for Healthcare Services are only for Uninsured Healthcare Services.
3. Healthcare Services that are covered by your Health Plan do not require a payment by you if you meet the eligibility criteria set out by your Health Plan (the “Insured Healthcare Services”).
4. You will pay all applicable fees as further described in Section P below and as amended from time to time. We encourage you to contact us if you have questions about Provider Fees charged for Healthcare Services.

Privacy.

PHI you provide to Authorized Providers is collected by the Authorized Providers, as explained in the Privacy Policy. The Privacy Policy also describes DOS’s collection, use, disclosure, retention, and destruction of PHI. As the Privacy Policy forms part of these Terms, it is essential that you review the Privacy Policy prior to agreeing to these Terms.

Termination, Effect of Termination.

On notice to you, DOS may immediately, at any time and for any reason, terminate your access to the DOS Platform and/or your participation in any DOS Programs, or cease providing the DOS Platform or any portion of the DOS Platform and/or any DOS Programs. DOS has the right to select the means by which it gives you notice. These Terms will continue to apply so long as you continue to have access to the DOS Platform or participate in any DOS Programs, notwithstanding that you or DOS choose to terminate your use of one but not both (or only a portion) of the DOS Platform and DOS Programs. On termination of your DOS-Account, DOS will have no further obligation to provide you with access to the DOS Platform, except to the extent that DOS has an obligation to provide you with access to your PHI. You may close your Account at any time, for any reason, by logging in to your DOS-Account at <TELUS APP URL>. Our management of your PHI on the closure of your M-Account is described in the Privacy Policy.

Ownership (Intellectual Property Rights).

The DOS Platform, all content and rights therein, except PHI, are and will remain DOS’s property or the property of DOS’s licensors. Neither these Terms nor your use of the DOS Platform convey or grant to you any rights to use or reference in any manner DOS’s brand elements, company name, logo, product and service names, trademarks or services marks or those of DOS’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content (as defined below), except as expressly permitted by these Terms.

Content.

None of the information or materials (collectively, “Content”) available through the DOS Platform with the exception of Healthcare Services is health professional advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your primary care provider or another qualified healthcare provider prior to relying on it, and any reliance on Content is at your own risk. Content and material appearing on the DOS Platform could include technical, typographical or photographic errors. DOS does not warrant that any of the materials provided are accurate or current.

Disclaimer.

THE DOS PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” DOS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH USE OF THE DOS PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOS DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF HEALTHCARE SERVICES AND YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE DOS PLATFORM, AND ANY RISK RELATED TO THE HEALTHCARE SERVICES. YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF ANY DOS PROGRAM AND ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY REFERRAL YOU MAKE TO DOS IS MADE IN COMPLIANCE WITH ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION CANADA’S ANTI-SPAM LEGISLATION (CASL).

Limitation of DOS’s Liability.

1. DOS, (WHICH IN THIS SECTION N INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DOS PLATFORM AND/OR HEALTHCARE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE DOS PLATFORM AND/OR HEALTHCARE SERVICES OR ANY DELAY IN YOUR DOING SO; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED PROVIDER., DOS IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS THE DOS PLATFORM.
2. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, UNDER NO CIRCUMSTANCE WILL DOS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE DOS PLATFORM AND/OR HEALTHCARE SERVICES PROVIDED BY AUTHORIZED PROVIDERS.

Indemnity.

You agree to indemnify and hold DOS (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the DOS Platform and Healthcare Services obtained through your use of the DOS Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf you request Healthcare Services, and/or referred friends. Through the DOS Platform, you may use certain services that are not provided by DOS and that we identify to you for your convenience, for example, prescription delivery services. To the extent that a service is not provided by DOS, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not DOS.

Fees, Payment Options.

DOS may offer different payment options for Users to use the DOS Platform and access Healthcare Services. Some payment options may have differing terms, conditions and limitations which will be disclosed to you when changing your payment options. The following are the payment options used by DOS. Not all options are available to all Users.

Insured Healthcare Services. Insured Healthcare Services do not require payment of Provider Fees. To access Insured Healthcare Services, you must have a valid health card or personal health number for the province or territory in which your visit is to be claimed by Authorized Providers, and you must have active coverage for the date you are receiving applicable Healthcare Services. You have a limit of one consultation with an Authorized Provider covered by a Health Plan each calendar day that the Healthcare Service is offered. If the Health Plan deems that you are ineligible for coverage of Healthcare Services, payment of Provider Fees by you may apply. Any Uninsured Healthcare Services delivered in addition to your Insured Healthcare Services will require a payment of Provider Fees, and you may choose to pay using the pay-per-visit or membership options set out below.

1. Pay-per-visit option. You may pay the Fees for Uninsured Healthcare Services at the time you request Healthcare Services. DOS requires you to submit credit card information prior to the provision of any Healthcare Services for the purpose of validation of the card. You will not be able to begin accessing Healthcare Services through the DOS Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that DOS, on behalf of Authorized Providers, may validate your credit card and put a hold on it in the amount of the Fees. DOS will notify you of any applicable Fees, inclusive of applicable taxes, and will only have the charge processed to your credit card after you have obtained the corresponding Healthcare Services. DOS will provide you with a receipt for the Fees you pay.
2. Third Party Payment/Coverage. DOS may permit a third party (for example, an employer or insurer) to pay the Fees and/or Membership Fee, (the third party and DOS determine which of these payment options apply), for some or all Uninsured Healthcare Services provided to a User or group of Users. In these circumstances, DOS will have a contract with the third party payer under which such third party discloses personal information (including but not limited to the name, email address and other contact information) of the User(s) for whom they will pay the Fees or Membership Fee for some or all Uninsured Healthcare Services. Please consult our Privacy Policy for more information about the personal information we collect from third party payers. DOS is not a party to and has no control over the agreement between any User and third party payer. Coverage by a third party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees or Membership Fee being paid by such third party payer. Supplementary terms may apply to Users who have third party coverage and any such supplementary terms shall be presented to each User and are incorporated into and become part of these Terms. DOS will inform Users of any changes to or termination of their third party coverage. Users whose third party coverage is terminated may be given the option of continuing to use the DOS Platform under their existing M-Account so long as they pay the Fees or Membership Fee in accordance with Sections 1 and 2 of this Article P.
3. Administration of Provider Fees for Uninsured Healthcare Services. DOS facilitates payment of Provider Fees from you directly to Authorized Providers. Payment of the Provider Fees through the credit card validation and processing arrangement described above will be considered the same as payment made directly to the Authorized Provider.
4. Currency, Taxes. All Fees for Uninsured Healthcare Services are in Canadian dollars. Service Fees are inclusive of any applicable taxes based on your billing location.

General Provisions

Entire Agreement. These Terms, including any Supplementary Terms, Membership Terms and any other additional terms and conditions referenced herein (collectively, the “Additional Terms”), constitute the entire agreement and understanding of DOS and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter. In the event of a conflict between these Terms and the terms and conditions contained in any Additional Terms, the terms and conditions in the Additional Terms shall control unless otherwise expressly stated.

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws that would lead to the application of any other laws. By accessing the DOS Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms will be brought to the provincial and federal courts located in the City of Toronto, Ontario.

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with DOS’s prior written consent. DOS may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites. We provide links on the DOS Platform to other websites or resources including those operated by parties other than DOS for your convenience. DOS is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources. You access and view any third party websites or resources at your own risk. For clarity, DOS is not responsible even where we link you to those resources or refer you for your convenience.

Use of Non-Identifiable Data: If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

Severability: If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Contact Us. If you have questions about the DOS Platform or its use, you can contact DOS Support by sending an email to support [ @ ] doctorsonsite.ca.