Terms Of Service
APP is an interactive application (the “APP”) provided by Nurse On Call Company (“NOC” or “we”). Use of the Application (via mobile phones, tablets and other smart devices) and via our website at getnurseoncall.com (“Site”), (collectively the “SERVICES”) are governed by the terms and conditions, and all related policies and guidelines of this Agreement (“Terms of Service”).
Please read these Terms of Service carefully before accessing or using the SERVICES.
• “SERVICES”: does not mean the Health Care Provider Services;
• “Health Care Provider” or “HCP”: means a certified health care professional who is registered with APP and offers his/her services to a person seeking care at his/her request;
• “Person Seeking Care” or “PSC”: means a person who has registered with APP and can send a request to an HCP for health care services;
• “Health Care Provider Services”: means services provided by a HCP who is a selfemployed person and who operates a sole proprietorship;
• “Users“: means a person (or people) who access(es) or use(s) the APP or Site;
General Terms and conditions
If you do not agree with any part of these Terms of Service, please do not use the SERVICES.
Please note that NOC reserves the right to make changes or modify these Terms of Service in its sole discretion at any time, specifying the effective date of the latest version of the Terms of Service. By continuing to access or use the SERVICES following the latest update, you are agreeing to all updated Terms of Service. If you do not agree to the new Terms of Service, please immediately discontinue your use of the SERVICES.
Description of SERVICES
APP is designed to act as an intermediate by providing an online platform to connect a PSC with a HCP which performs Health Care Provider Services at the request of the PSC.
Health care services
NOC acts as an intermediate and is a platform to connect a PSC to a HCP. The HCP is not an employee of NOC. The HCP is acting as a self-employed person as he/she operates a sole proprietorship and uses the SERVICES as a way to communicate with the PSC. Any information or advice received from a HCP comes from her\him alone, and not from NOC. Please be aware that NOC is not a provider of health care or medical services and that NOC is not associated with any private, municipal, regional or provincial healthcare institutions.
Our SERVICES are not medical services nor do they replace medical care provided by a medical doctor.
If you are experiencing a medical emergency, please call 911 immediately; do not use the SERVICES available through the APP or Site.
Neither NOC, nor any of its affiliates, directors, employees, consultants, agents, suppliers and partners, shall be responsible for any medical advice obtained or Health Care Provider Services rendered.
NOC does not control, supply, endorse, warrant or guarantee any information, products or medication supplied or Health Care Provider Services provided by any HCP that the PSC connected with via the SERVICES.
Geographical limitations of the SERVICES
The SERVICES are only available at the moment to Users located in the province of Quebec. Your use or attempt to use the SERVICES outside Quebec is at your own risk. NOC is not responsible for any inconvenience this may cause.
Stay tuned for further developments on the geographical coverage as it will evolve in the future.
Access to the SERVICES
To access or use the SERVICES you may be asked to provide certain registration details or other information. All information you provide us must be correct, current and complete. The information must not be provided by minors (anyone under the age of 18). We may refuse you access to the SERVICES or suspend or terminate your account for any reason, at our sole discretion, including where we believe you have breached the Terms of Service. You agree that NOC shall not be liable to you or any third party as a result of such suspension or termination. You may also cancel your use of the APP and/or SERVICES by contacting us at email@example.com.
Use of the SERVICES and password restrictions
You can access or use the SERVICES and download the APP for free. However to use the SERVICES you need to sign up with APP by creating an account in order to access certain password-restricted areas of the APP and Site and use certain SERVICES such as requesting services from a HCP or enrolling as a HCP to offer Health Care Provider Services to a PSC. You are responsible for maintaining the confidentiality of your login information. If you are aware of any breach of security or unauthorized use of your account and password, you agree to notify us of such act.
You may only use the SERVICES through authorized means. We are not responsible if you do not have a compatible device or if you download the wrong version of the APP. By accessing or using the SERVICES, you agree that you will only use the SERVICES for your
sole personal use, legitimacy and not for an unlawful or illegitimate purpose or in any manner that contravenes the Terms of Service herein.
When using the SERVICES, you agree not to sign up or request a HCP under a false name, not to transfer any account, gain unauthorized access to any User accounts and not to harm or interfere with the SERVICES or any manner that will damage, disable or impair the SERVICES or lead to damages for NOC or others.
While using the SERVICES, you agree that we may communicate with you electronically by email, or by text message (SMS) as part of our normal business operations and your use of our SERVICES. Take note that message and data rates may apply. You agree that all consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice and other communications be in writing. The HCP may opt-out of receiving communications from us by sending us an email at firstname.lastname@example.org. If you opt-out of receiving communications, you are entirely responsible of the impact of your use and on your status of the SERVICES.
In order to download the APP and access and use the SERVICES, you must also comply and agree with the terms and conditions of Apple’s App Store for IOS App.
Intellectual property ownership
All the content available through the APP including texts, graphics, functions, features, interface, and the APP itself are protected by copyright, trademark, and other intellectual property laws.
NOC has the sole and exclusive property and shall own all right, title including all intellectual property rights in and to the SERVICES. NOC, its affiliates, partners, or licensees shall own all right, title and interest, including all related intellectual property rights, in and to the SERVICES and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the SERVICES.
The trademarks, logos, trade names and trade dress displayed through the APP are the exclusive property of NOC, its affiliates, licensees or third party owners. Nothing contained on the Site or the APP shall be construed as granting by implication, estoppel or otherwise, by licensee or right to use any of the trademarks without the permission of NOC or such party that may own the
Restriction on use of the APP and its content
Information received and content displayed through the APP may not be copied, reedited, displayed, reformatted, and printed unless for your internal non-commercial business use only. The content and the APP may not be reproduced in part or in totality except in compliance with applicable copyright laws. You may not use the SERVICES for any other purposes, including any commercial purposes without NOC express prior written consent or the rights expressly granted in the Terms of Service. In addition you may not hyperlink or frame the APP and its content without the prior written consent of NOC or the rights expressly granted in the Terms of Service.
You agree that you will not, in any way, modify, move, add to, delete or otherwise tamper with, the content of the APP, nor will you de-compile, reverse engineer, disassemble or unlawfully use or reduce any of its content.
You acknowledge that you are using the SERVICES at your own risk and all information is provided on an as-is basis. NOC, or any of its affiliates and each of their directors, employees, consultants, agents, suppliers and partners and other representatives, do not promise, warrant or guarantee the accuracy and completeness of the information available and provided through the SERVICES. NOC cannot and does not guarantee or warrant that any functions, files or contents of the SERVICES will be uninterrupted or free of viruses, errors, Trojan horses or other harmful components. You are responsible for implanting procedures sufficient to satisfy your need for
data backup and security.
NOC assumes no responsibility and expressly disclaims responsibility for updating the APP and to keep information current or to ensure the accuracy or completeness of any posted information.
Limitations of liability
You expressly understand and agree that in no event, will NOC, its affiliates and any of their directors, employees, consultants, agents, suppliers and partners or other representatives, be liable to you or any third party for any direct, indirect, special, consequential or punitive damages including, without limitation, damages resulting from lost profits, lost income, lost data, loss of goodwill, any information, data made available through the SERVICES or any service performed by any HCP that the PSC connect with via the SERVICES (including claims of medical malpractice against the HCP) arising out from the use of, the inability to use, reliance, or the
results of use of Services (including the SERVICES or information contained on the SERVICES and/or linked Websites) whether based on warranty, contracts, tort or any other legal theory and whether or not, NOC has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the SERVICES, your sole and exclusive remedy is to discontinue use of the SERVICES.
NOC is not liable for any failure or delay in fulfilling or performing the SERVICES when and to the extent such failure or delay is caused by any acts of God, flood, fire, explosion, war, terrorism, invasion, riot, other civil unrest, strikes, labor stoppages, slowdowns, disturbances, passage of law, governmental order, rule, regulation, direction, any action taken by a governmental or public
authority, including but not limited to quota or other restriction or prohibition or shortage of adequate power or telecommunication facilities and will use diligent efforts to minimize the effects of a Force Majeure.
You agree to indemnify and hold harmless NOC and its affiliates and any of their directors, employees, consultants, agents, suppliers and partners or other representatives, from and against all claims, liability, damages, expenses and cost (including legal fees) arising from your use of the SERVICES (including without limitation, any violation of the Terms of Service or any such rights) or/and resulting from actions and omissions to your interaction with the PSC or the HCP.
Third party information and hyperlinks
The Terms of Service, the APP and SERVICES and any actions related thereto shall be governed and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The courts of the province of Quebec shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.
Severability of agreement
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties´ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
The Terms of Service constitute the complete and entire agreement between the parties with respect to the subject thereof and governs Users’ access to the SERVICES, superseding any prior agreement between the parties, whether written or oral.
If you have any questions about the Terms of Service or otherwise need to contact us, you can reach us at email@example.com.
Access to the APP and SERVICES
There is no charge to register and create an account with us and the APP can be downloaded for free. To access or use the SERVICES you need to create a personal account. When registering for an account, you must provide us with certain information such as your name, birth date, phone number, email address and additionally billing and physical address and credit card details. Upon
successful completion of the registration process, we will provide you with a personal account, accessible by the password of your choice. You will receive a confirmation of your registration and your personal information by email at the email address you provided us.
As a member of APP, you can send a request regarding your health care needs to a HCP enrolled as a member of APP by using the SERVICES. Your request will then be registered into our database and then sent to a HCP near your location. Once a HCP has accepted your request, you will receive an email message confirming the time and location of your appointment with the HCP.
In the event a HCP agrees to provide you with the requested Health Care Provider Services, NOC organizes and schedules the Health Care Provider Services and bills you after the Health Care Provider Services are provided on behalf of the HCP. Additional fees can be charged for syringes, vaccines or other tools for Health Care Provider Services after the HCP has explained the additional fees to you and after your consent. We make no representation or warranty to you that any HCP will be available to perform Health Care Provider Services at the time and location preferred.
If cancellation is made twenty (20) minutes or more after having requested Health Care Provider Services, NOC, on behalf of the HCP and itself, can retain a penalty corresponding to 20$. NOC will charge the credit card on record.
Health Care Provider Services
NOC does not provide any Health Care Provider Services nor does it give any medical advice. The HCP with whom you are connected is the only one responsible for providing Health Care Provider Services. APP only acts as a platform/intermediate agent to connect you with a HCP who might be interested in providing you with his/her Health Care Provider Services.
You acknowledge that your reliance on any HCP or information or treatment provided by him/her is solely at your own risk and you assume full and duly responsibility for all risk associated with it. By signing up for an account and using our SERVICES, you are not entering into a HCP/PSC relationship with NOC. You may be only establishing a relationship with the HCP. The personal
information and medical history you provide to the HCP is protected by his/her privacy practice.
The HCP is responsible for complying with the laws regulatory and local requirements for his/her practice and liability insurance. All interactions with the HCP are between you and the HCP. You must not in any way contact the HCP other than by way of our SERVICES nor can you exchange funds with him/her without the APP. If any breach of these conditions occurs, we reserve the right to suspend or terminate your registration to our SERVICES and we reserve all our rights and recourses.
Payments and fees
By accessing or using the SERVICES, you expressly agree to commit to the payment of the Health Care Provider Services rendered by the HCP, administrative fees and any additional fees or cost the HCP will charge for the provision of such Health Care Provider Services related to your request or complementary Health Care Provider Services upon prior advisory of such cost.
There is no fee to create an account with APP. Charges will only be involved when SERVICES are requested. SERVICES are available as a pay per use model, meaning you pay only when engaging with a HCP. It has to be noted that the HCP is a self-employed person independent from NOC as he/she operates a sole proprietorship. Your payment includes fees for Health Care Provider Services and for our administrative services. Additional fees can be charged for syringes, vaccines or other tools as decided by the HCP after he/she has explained the fees to you and after you agree to pay such fees. The payment will only be effective once the Health Care Provider Services provided by the HCP are completed and rendered.
NOC, on behalf of the HCP, shall charge you for all the Health Care Provider Services rendered to you by the HCP on the credit card account you provided us when you signed up your account with APP. You are responsible to pay for the Health Care Provider Services with a valid credit card account for payment of all fees at all times. You are not liable of any charges if the HCP declines his/her visit for any reason.
If cancellation is made twenty (20) minutes or more after having requested Health Care Provider Services, NOC, on behalf of the HCP and itself, can retain a penalty corresponding to 20$. NOC will charge the credit card on record.
At the moment, upon consideration of the facts and proof from the HCP and/or you, NOC will decide and apply the fairest financial refund if applicable, depending on the situation arising from the claim.
If the Health Care Provider Services rendered to you could be covered by your personal health care insurance or the public health care insurance of your province, you are responsible to contact your health plan insurer to submit a claim.
Enrolling/ registration to APP
If you desire, as a HCP, to enroll into APP and to provide Health Care Provider Services to a PSC, you must sign up an account via the Site or the APP. When registering for an account, you must provide us with certain information such as your name, birth date, phone number, email address and additionally billing and physical address and bank account details for payment deposits. Upon successful completion of the registration process, we will provide you with a personal account, accessible by the password of your choice. Once your account is created, your information is into our HCP’s repertory and you will soon receive PSC’s requests. You will receive
a confirmation of your registration and personal information by email at the email address you provided us at the sign up.
The HCP ensures to meet the requirements of his/her profession according to the laws and regulations applicable to his/her province of practice in order to provide services to the PSC. Every HCP must ensure to meet the professional requirements according to the professional order that regulate his/her practice including the Nurse Act or any other Act applicable to his/her practice and the HCP must hold an attestation of practice issued by the professional order or association of his/her profession in his/her province of practice. A professional certificate must be provided at the time of registration when the HCP creates an account to enroll into APP. This
proof can be provided by entering the professional permit number. Once the proof of professional certification is provided to NOC, NOC will validate the information obtained directly with the related professional order or association. Any other proof must be provided upon request of NOC at any further time. NOC will terminate without further notice or delay the business relationship with the HCP if he/she does not carry the license to practice the Health Care Provider Services.
Providing Health Care Provider Services
Once your account is created, the PSC will send a request through the SERVICES. Once logged into the APP, requests will appear, you can accept any request you deem you can attend to and complete. If you accept, you are deemed to render your Health Care Provider Services in the limit of your professional acts and to the best of your ability to the PSC. When rendering the Health Care Provider Services, you operate as a sole proprietor and as an independent professional.
In order to provide the services, the HCP is deemed to and must accomplish every act required for the health and well being of the PSC. The HCP can consult the PSC’s doctor if needed and is required to seek emergency assistance immediately, if necessary. The HCP will advise the PSC’s doctor of blood work/laboratory results immediately upon completion. The HCP will inquire with the PSC’s doctor if prescription changes are needed before making any prescription changes.
The HCP will report any adverse events regarding the PSC to the PSC’s doctor. The HCP will consult the PSC’s doctor when deemed necessary and before taking initiatives which deviate from the PSC’s doctor medical directives.
The HCP must provide the PSC, his/her family members and any other person assisting the PSC, with the adequate training and ensure that they have understood and are capable of carrying out her/his instructions. Accordingly, the HCP must forbid any person she/he considers unable to provide the necessary care from attempting to do so. The HCP must also provide clinical followups
and periodically reassess PSC’s health and the capability of his/her family members and any other person assisting the PSC to provide the required care.
You must not in any way contact the PSC other than by way of our SERVICES nor can you exchange funds with him/her without the APP. If any breach of these conditions occurs, we reserve the right to suspend or terminate your registration to our SERVICES and reserve all our rights and recourses.
Payments and fees
Before rendering any Health Care Provider Service to the PSC, the HCP must provide all information regarding the Health Care Provider Services including the rate and fees for each act to accomplish.
By registering with the APP, the HCP acknowledges the rates NOC sets for the Health Care Provider Services and administrative fees and agree with them. The HCP has the obligation to inform the PSC of the fees encountered before performing any act including additional fees such as fees for syringes, vaccines or other tools as decided by the HCP and as required by the PSC health condition.
The payment for the Health Care Provider Services is made by credit card by the exclusive way of the APP by NOC on behalf of the PSC. The amount is afterwards versed into the HCP bank account or by check mailed to the HCP minus the NOC administrative fees. The amount for administrative fees will vary depending on the duration of the Health Care Provider Services and if additional fees apply NOC, APP and SERVICES have required important financial and time investments to create and develop, and will require continued investments in order to assure the quality of the SERVICES.
The respect of NOC’s work is a sine qua none condition to a business relationship with NOC.
IN THE EVENT THE HCP BREACHES ANY CONDITION OR UNDERTAKING RELATED TO THE PRESENT MATTER, INCLUDING IF THE HCP RENDERS SERVICES WITHOUT THE APP OR CHARGES THE PSC WITHOUT USING THE APP, THE HCP SHALL BE LIABLE TO PAY NOC, WITHIN 5 (FIVE) DAYS OF THE SAID BREACH, THE SUM EQUIVALENT TO TEN (10) TIMES THE ADMINISTRATIVE FEES DUE TO NOC RELATED TO THE SERVICES FOR EACH AND EVERY BREACH WHICH OCCURS. THIS AMOUNT WILL BE DUE WITHOUT PREJUDICE AND SUBJECT TO ANY AND ALL OTHER RIGHTS, DAMAGES AND
REMEDIES WHICH NOC MAY BE ENTITLED TO.
If cancellation is made twenty (20) minutes or more after having accepted a request from the PSC for Health Care Provider Services, NOC can retain a penalty corresponding to 20$. NOC will charge the credit card on record.
Insurance and liability
Before signing up and performing Health Care Provider Services, the HCP needs to have professional liability insurance to cover against any fault or negligent act committed in the practice of his/her profession. The HCP is the sole person responsible of his/her act and the services provided to the PSC. NOC is not liable for any act resulting from the Health Care Provider Services performed by the HCP to the PSC and for any situation that can ensue. A copy of the professional liability insurance contract must be provided with registration and upon request of NOC at any further time.
Non-disclosure of PSC information
To assure the quality of the Health Care Provider Services and the well-being of the PSC, the HCP must communicate with the PSC’s doctor to provide him/her all information, tests results, medication or change of medication which may have occurred or if the HCP has any questions regarding the health of the PSC.