Terms of Use

These Terms of Use (the “Terms”) are a binding legal agreement between you and AnyLink Health Inc. o/a DocMaps (“DocMaps”, “we”, “us”, “our”). The Terms govern your access to and use of our website at docmaps.ca, widgets, tools, applications and other services offered by us (collectively the “Platform”).

By using the Platform or by clicking to accept the Terms, you accept and agree to be bound and comply with these Terms and our privacy policy, found at docmaps.ca/privacy (the “Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, you must cease using this Platform immediately.

This Platform is intended for and directed to residents of Ontario.

The Platform enables you to, among other things, search for family practice clinics that are accepting patients and help register with Health Care Connect to get support from your local Ontario Health Team. You can learn more about Health Care Connect by following this link https://www.ontario.ca/page/find-family-doctor-or-nurse-practitioner and about Ontario Health Teams by following this link https://www.ontario.ca/page/ontario-health-teams.

We reserve the right in our sole discretion to revise and update these Terms from time to time. We will provide you with reasonable notice of changes to these Terms by email, posting a notice on the Platform or by similar means. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications.

The information and material on this Platform, and the Platform, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.

It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

Any username, password or other credentials must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password or other credentials. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other credentials for any reason, including any violation of any provision of these Terms.

You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by DocMaps, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The “DocMaps” name and logo and all related names, logos, product and service names, designs, images and slogans are trademarks of DocMaps or its affiliates or licensors. You must not use such marks without the prior written permission of DocMaps. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable law and could subject the infringer to legal action.

Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

Nothing in these Terms grants you any rights in the Platform other than as necessary to enable you to access the Platform. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable law. Any use of the Platform not expressly permitted by these Terms or under applicable law is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform, to other users or other persons (collectively, "User Content").

Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Content shall not:

1. In any manner violate any applicable law or contain any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with these Terms and our Privacy Policy.
2. In any manner violate the terms of use of any Third Party Service (as defined below).
3. Include or contain any material that is harmful or offensive including, but not limited to, material that is obscene, threatening, abusive, hateful, defamatory, disparaging, explicit, discriminatory, or material that is otherwise objectionable, such determination to be made in DocMaps's sole discretion.
4. Involve, provide or contribute any false, inaccurate or misleading information.
5. Impersonate or attempt to impersonate DocMaps, a DocMaps employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
6. Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
8. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

By providing any User Content to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content complies with applicable law and these Terms.

You understand and agree that you are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform.

DocMaps has the right, without provision of notice to:

1. Remove or refuse to post on the Platform any User Content for any reason in our sole discretion.
2. At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
4. Terminate or suspend your access to all or part of the Platform for any reason, including, without limitation, any violation of these Terms.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable law.

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice, including, but not limited to, medical advice, on which you should rely.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. Your use of the Platform is at your own risk.

This Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by DocMaps, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of DocMaps. Neither DocMaps nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

For your convenience, this Platform may provide links to third-party websites or mobile applications (“Third Party Services”). We make no representations about any Third Party Services that may be accessed from this Platform. If you choose to access Third Party Services, you do so at your own risk. We have no control over the content of any Third Party Services and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of Third Party Services.

You release and hold harmless DocMaps and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns (collectively the “DocMaps Parties”) from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Platform.

You understand and agree that your use of the Platform, its content, and any services or items found or attained through the Platform is at your own risk. The Platform, its content, and any services or items found or attained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

DocMaps does not make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Platform or its contents. Without limiting the foregoing, DocMaps does not represent or warrant that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, error-free, or uninterrupted.

Except where such exclusions are prohibited by law, under no circumstance will the DocMaps Parties be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any Third Party Services, nor any content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

If, notwithstanding the previous paragraph, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Platform exceed the greater of (a) the total amounts you paid to us in the 12 months prior to the action giving rise to liability, and (b) Two Hundred Canadian Dollars ($200.00 CAD).

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the DocMaps Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your User Content, Third Party Services, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Platform, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and DocMaps agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party.

Except to the extent prohibited by applicable law, if you and DocMaps are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration.

The arbitration shall be conducted in the City of Toronto by a single arbitrator [jointly selected by the parties]. [The arbitration shall be resolved using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. or such other rules as may be agreed by the parties.] The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary.

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location.

Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Platform or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at [email protected] and all notices from us to you will be displayed on our Platform from time to time or sent to you at the email address associated with your account.

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

The Terms and our Privacy Policy constitute the sole and entire agreement between you and DocMaps regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Should you have any questions regarding these Terms, you may contact us at [email protected].