Conditions of Sales
This agreement (hereinafter the "Agreement") sets forth the terms and conditions that apply to the purchase of all services (hereinafter the "Services") from Wise Guys Technologies doing business as "Doctr" and having its head office at 200-4388, #622 St-Denis Street, Montreal, (H2J 2L1), Quebec, Canada ("Doctr").
The terms "you" and "your" refer to the person purchasing Services (also referred to as the "Customer" and collectively the "Customers") through our mobile application or web application (the "Platform"). Doctr provides its Customers with a Platform offering certain telehealth services, which are set out below.
By using this Platform to purchase Services online, you must accept the Agreement and you agree to be bound by it. You confirm that you are of legal age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets forth the restrictions and exclusions to which you may be subject.
For further information about your rights and obligations, we suggest you read the relevant laws and regulations.
1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between you and Doctr via the Platform, by telephone or by email. You agree that this Agreement is equivalent to an original written Agreement between you and Doctr. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
The use of the Platform as well as Doctr's activity is governed by various policies. These include the Terms of Use and the Privacy Policy (the "Other Policies"). You declare that you have read the Other Policies and agree to be bound by their terms and conditions.
Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall apply.
3. GEOGRAPHICAL AREA
The Services offered on the Platform are for the geographical area announced by Doctr for each of the Services.
4. SERVICES
The characteristics and terms of the Services sold by Doctr are defined on the Platform. The prices of the Services are also defined on the Platform. The display of this information on the Platform is authoritative, but Doctr reserves the right to modify this information as it sees fit, in compliance with applicable legal and regulatory provisions.
The Platform offers the following telehealth services (collectively, the "Services"):
- Request that a service coordinator make a medical appointment on your behalf with a doctor or healthcare professional ("Doctr Service Coordinator "),
- Chat with a nurse via the Platform about your medical condition so that she can
answer your questions directly, all in compliance with the scope of practice and activities reserved for the nursing profession (the "Doctr Nurse Service"),
- Access waiting times or occupancy rates for emergency departments across the territory indicated on the Platform, as well as access to analyses and trends (the "Doctr Wait Times"),
- Access the directory of walk-in clinics (the "Directory"),
- Book a teleconsultation on the Platform with a family doctor who will give you their consultation on a third-party platform (hereinafter the "Doctr Telemedicine Service"), and
- Book a one-off appointment at a clinic in situations where you do not have a health insurance card (hereinafter the “Cardless Punctual Services”).
Some Services may require the Customer to make medical appointments with third-parties, which may include various care or facilities such as hospitals, clinics, telemedicine or face-to-face doctors, radiology services and all other medical services, public or private (the "Medical Care" or "Medical Care").
All Services and Medical Care exclude any treatment requested by a Customer whose condition presents a symptom that is or could be indicative of a life-threatening medical condition.
Medical Emergencies - Do NOT use the Platform or any of its Services for medical emergencies. If you have or believe you have a medical emergency, contact an emergency service immediately, or dial 911 immediately. Under no circumstances should you attempt to treat yourself based on Content you have seen or read on the Platform.
Doctr Services Coordinator service is only available on the Platform. The Doctr Services Coordinator service can be purchased on a one-time basis (punctual) or by subscription at various costs.
5. PUNCTUAL SERVICE
The Customer can purchase the following Services on a one-off basis:
- Doctr Service Coordinator, to obtain an appointment at a walk-in clinic; and
- Doctr Telemedicine Service.
The characteristics, terms and prices of these Services are defined on the Platform. All terms and conditions of this Agreement shall apply to such Services where the context so permits.
Doctr disclaims all liability for services provided by third parties arising out of the Doctr Telemedicine Service. Certain additional fees may be charged by the family doctor in connection with its provision of third-party services arising out of the Doctr Telemedicine Service, including, but not limited to, fees for completion of a doctor form, the necessity for which is at the discretion of the family doctor. These will be invoiced by Doctr directly to the Customer, if applicable, and will be announced to the Customer by Doctr and the family doctor.
Some Services, such as the Directory and Doctr Wait Times, do not require an Order (defined at article 10).
6. CARDLESS PUNCTUAL SERVICES
The Customer can purchase the Cardless Punctual Services without a health insurance card to make his own appointment at a clinic according to the clinic's proposed schedule. The characteristics, terms and prices of the Cardless Punctual Services are defined on the Platform and may vary depending on the clinic. The prices displayed include Doctr's administrative fees and those charged by the clinic you have selected, and the appointment is confirmed immediately after the Customer's Order (defined below). All terms and conditions of this Agreement apply to Cardless Punctual Services where context permits.
The subscription service is not available for the Cardless Punctual Services.
Doctr disclaims all liability for services provided by third parties in connection with the Cardless Punctual Services. In addition, certain additional charges may be charged by third parties in connection with their provision of third-party services arising out of the Cardless Punctual Services, including, but not limited to, charges for a doctor's bill to be presented at work or school. These will be billed by the third-party provider directly to the Customer.
7. SUBSCRIPTION
The Platform offers the Customer a free monthly subscription (the "Subscription"), the terms and prices of which are detailed on the Doctr Platform.
The Subscription includes the following Services:
- Doctr Service Coordinator; and/or
- Doctr Nurse Service, which will be available after three (3) months of continuous, uninterrupted Subscription, unless otherwise agreed to by Doctr on the Platform.
By subscribing to a Subscription, the Customer agrees to pay an initial and recurring monthly Subscription at the rate displayed by the Platform on its website (hereinafter the "Subscription Fee") in effect and accepts responsibility for all recurring charges.
A Contract (defined in article 10) is formed between the Parties on the date of receipt by the Customer of a Subscription confirmation, on which date the Subscription Fee is payable by the Customer.
Payment is made automatically during the Subscription using the bank details provided by the Customer. It is the Customer's responsibility to keep these bank details up to date, to notify Doctr of any changes to these details and to provide Doctr with the necessary information to enable automatic debiting of payment for the Subscription.
The Subscription will remain in force until it is terminated, and the Subscription fee is debited monthly on the anniversary date of the formation of the Contract. If the Contract formation date falls on a day that is not included in a Subscription month, the deduction will take place on the last day of the month. For example, if the Contract is formed on January 15, debits will be taken on the fifteenth (15th) day of each Subscription month. If the Contract is formed on January 31, debits will begin on January 31, then February 28, or February 29 if it is a leap year, then March 31, then April 30, and so on. Unless the Customer cancels the Subscription prior to its billing date, the Customer authorizes Doctr, either directly or through its payment processing service, to bill the Subscription Fees via the payment method chosen by the Customer for the next billing cycle.
In the event of failure to collect any fees due, Doctr may, at its sole discretion (but is under no obligation), attempt to collect the fees at a later date, and/or suspend or cancel the account, without notice.
Cancellation or termination of the Subscription by the Customer is subject to the conditions of the cancellation policy (the "Cancellation Policy") detailed in article 15 of this Agreement.
8. REGISTRATION, USERNAME AND PASSWORDS
Some of the features available on the Platform require registration or Subscription. If you choose to register or subscribe to such a feature, you agree to provide true and current information about yourself as required by the registration or Subscription process and to promptly update such information as necessary to ensure that it remains accurate and complete.
You acknowledge that you are responsible for:
i. maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration or Subscription;
ii. any activity that occurs under your username or password; and
iii. exiting your account at the end of each session.
In addition, 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 shall not be liable for any loss or damage arising therefrom.
9. 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 its safety and integrity, yours and that of its other Customers or third parties, for fraud prevention or investigation purposes, Doctr may decide to:
i. restrict access to and use of the Platform to the offending Customer; and/or
ii. Suspend the offending Customer's account, temporarily or permanently, depending on the seriousness of the offense.
10. ORDER
Any person placing a Service order on the Platform, i.e. the Customer, is the person contracting with Doctr. The Customer must be the person who will receive the Medical Care or must be their legal representative.
The Service order placed by the Customer via the Doctr Platform constitutes an order (the "Order") and gives rise to the formation of a contract between the Parties (the "Contract"). When ordering a Service via the Platform, the Customer must approve the Order.
The Contract is formed upon receipt of an Order confirmation by the Customer.
Following the Order, details of the Service(s) purchased will be included in a confirmation email sent to the Customer by Doctr. An invoice will be available on the Customer's user account in the "Settings" section.
An Order is not binding on Doctr until it has been paid in full.
11. PRICE
Unless otherwise indicated, all prices are in Canadian dollars. Prices displayed on the Platform exclude applicable taxes, which are displayed at the last stage of payment by the User.
Although Doctr strives to provide an accurate description of its prices, a risk of error remains. Doctr therefore reserves the right to correct its prices and any erroneous information, to modify the prices of the Services or any other modification of this Agreement, at any time, in compliance with the applicable legal and regulatory provisions. In the event that a price is incorrect, Doctr reserves the right to cancel your Order and any charges invoiced and will contact you to offer you a new Order at the adjusted price or a refund in accordance with the terms of this Agreement and applicable laws and regulations.
When using the Subscription Services for the first time, the Customer must create an account and pay a basic registration fee according to the prices displayed on the Platform.
When using Cardless Punctual Services, the Customer must pay the fees associated with the desired Service, according to the prices displayed on the Platform.
Doctr reserves the right to change Subscription plans and pricing for the Services from time to time. Doctr will notify you at least thirty (30) days before any price or Subscription plan changes are effective.
12. PAYMENT TERMS
12.1. General provisions
For all Orders and Subscriptions, the terms of payment are established by Doctr, at its discretion. Doctr allows payment to be made by the following means, among others:
• Visa ;
• Apple Pay;
• Google Pay;
• Mastercard ;
• American Express ;
• And all other payment methods allowed by the Stripe payment platform according to its terms of use concerning bank cards.
The payment platform is managed by Stripe.
Doctr is not responsible for the information requested by Stripe and such information is requested in accordance with Stripe's Terms of Use.
Payments must be approved by the financial institution that issued the credit or debit card. The Customer must be legally authorized to use the card that will be used to pay for the Order. Doctr guarantees that it does not collect any banking data from customers. In the event that the Service offered to the Customer does not benefit from chargeback and that the Consumer Protection Act (CQLR, c. P-40.1) (the "CPA") applies, Doctr undertakes not to debit the Customer until it has completed its main service.
Doctr may occasionally provide discounts, rebates, promotional codes for the benefit of Customers (the "Offers"). Eligibility for the Offers will be determined at Doctr's discretion based on any eligibility criteria and any other conditions and restrictions disclosed to the Customer, who may become aware of them by email and/or by consulting the Platform. If the Customer wishes to participate in the Offers, the Customer undertakes to comply with the instructions issued by Doctr concerning the Offers.
12.2. Special provisions for Orders
The Customer may not pay a monthly Subscription fee in installments. Full payment of each monthly subscription installment must be made in a single installment.
13. SERVICE AVAILABILITY
The availability of certain Services may be limited. Doctr may modify or withdraw Services at any time without notice. If a Service ordered is not or is no longer available, Doctr will notify you by email and your order will be automatically canceled.
Doctr cannot be held responsible for the absence of an appointment for Medical Care relative to your availability and the travel radius indicated at the time of your Order.
Doctr cannot be held responsible if it is unable to find an appointment for certain Medical Care requested in your Order. Doctr cannot be held responsible for the timetables proposed by the clinic or the general practitioner.
Doctr may refuse to provide the Customer with Doctr Service Coordinator if the Customer has already received assistance for the same Medical Care within the last twelve (12) months.
If the health insurance card information is necessary for Doctr to perform a Service and Doctr requests it from the Customer, the Customer may refuse to provide it. However, if the Customer refuses, Doctr may refuse to provide the Service to the Customer, since Doctr will not have the necessary information to perform the Service, in accordance with the applicable legal and regulatory provisions and this Agreement.
When an appointment is proposed via the Platform to follow up on the Doctr Service Coordinator, the appointment requested by the Customer is considered accepted unless the Customer refuses the appointment. The Customer will have the option of refusing the proposed appointment on the Platform, to the exclusion of any other means. If the appointment is refused, as long as it is refused at least twenty-four (24) hours before the appointment, Doctr will reschedule the appointment for the Customer according to his new availability. To the extent permitted by law, if Doctr finds that an appointment cancellation notice has been given in bad faith or repeatedly, Doctr reserves the right to refuse to renew the appointment.
14. CANCELLATION OF ORDERS
Doctr reserves the right to limit quantities, to refuse or to cancel an Order, including after an Order has been received, even if the Order has been confirmed and invoiced. If your Order is canceled after your payment has been processed, you will receive a full refund from Doctr in accordance with applicable laws and regulations and this Agreement.
The Customer may cancel the Order without charge at any time before Doctr, represented by a service coordinator, begins working on the appointment request, in the context of Doctr Service Coordinator.
The Order may be canceled via the Platform. If the Order is paid in full, Doctr will refund the costs to the Customer in accordance with the applicable legal and regulatory provisions and this Agreement.
To the extent permitted by law, if Doctr finds that a cancellation notice was given in bad faith or in an illegitimate attempt to avoid payment for Services received and used, Doctr reserves the right to reject your refund request.
If the Customer cancels the appointment proposed by the Doctr Telemedicine Service or the Cardless Punctual Services less than twenty-four (24) hours before the appointment, no refund or credit will be granted to the Customer.
15. CANCELLATION POLICY AND NON-REFUNDABLE SERVICES
The Customer may request the cancellation of his Subscription at any time by logging into his account (using the Platform) and following the cancellation procedures.
The termination request takes effect on the date it is received by Doctr and is presumed to have been received by Doctr on the date and time recorded by Doctr's server if the request is made online. You will retain access to the Service linked to the Subscription until the end of your monthly billing period.
To the extent permitted by applicable law, certain Services offered by the Platform, such as Subscriptions, are non-refundable and no credit will be given for partially used Subscription periods or unused Doctr content.
16. CUSTOMER RESPONSIBILITY
It is the Customer's responsibility to ensure, prior to his Order, that he complies with all the conditions set out in this Agreement and in the Terms of Use.
The Customer is responsible for keeping track of the appointments offered on the Application. The Customer must arrive at the time and place of the appointment proposed by the Doctr Service Coordinator, the Doctr Telemedicine Service and the Cardless Punctual Service.
The Customer is responsible for any charges that may arise from Medical Care from third-party entities (hereinafter the "Additional Charges"). The Additional Charges will be announced by Doctr to the Customer by a message from the Platform's direct messaging system.
17. EXCLUSION AND LIMITATION OF LIABILITY
Doctr renders the Services professionally and in accordance with the practice of its industry. Doctr makes no warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
Once the service Doctr Service Coordinator has been completed, Doctr is not responsible for the follow-up of the Medical Care. Doctr cannot be held responsible for the Customer's absence from the appointment, which is considered accepted.
Subject to the professional liability of the nurses during the Doctr Nurse Service which may be imputed to Doctr, Doctr shall not be liable for any treatment you may receive in connection with Medical Care or any error, omission, delay or other act or failure to act which may result in any liability on the part of Medical Care.
18. FORCE MAJEURE
Doctr shall not be held liable for the total or partial non-fulfillment of any of its obligations towards the Customer, nor for any damages or losses that the Customer may suffer if the non-fulfillment or delay of the Orders results from force majeure or natural disaster.
Force majeure refers to all unforeseeable and unavoidable events beyond the control of Doctr, of whatever nature, including but not limited to the following situations: natural disasters, inclement weather, fires, floods, avalanches, landslides or subsidence, strikes, sabotage, embargoes, interruptions or delays in transport or means of communication, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), wars or pandemics, which have the effect of rendering the Service temporarily or permanently unavailable.
If such an event occurs, as defined above, Doctr must notify the Customer in writing, and the agreed performance deadlines are automatically extended by the duration of the event. If the duration of the force majeure event exceeds one (1) month, the Customer of Doctr may terminate the Contract by notice sent to the other party.
Any consideration provided in the Contract which has already been performed shall be refunded or paid upon receipt by one Party of written notice from the other Party.
19. APPLICABLE LAW, JURISDICTION AND CONSUMER PROTECTION
This Platform and its server are located in the Province of Quebec, Canada. This Agreement shall be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to principles of conflict of laws.
Subject to applicable laws, including the CPA, any dispute between Doctr and Customers will be submitted to the courts of the Province of Quebec, regardless of the Customer's place of residence.
Notwithstanding any attribution of jurisdiction and applicable law, if the Customer is a consumer within the meaning of the CPA, then any dispute relating to these conditions will be governed by the laws of the Province of Quebec, and will necessarily be brought before a competent court in application of the rules of the Code of Civil Procedure of Quebec.
The provisions of the present Convention are not intended to replace the CPA, the latter being applied as a matter of priority whenever the situation so requires.
20. HEADINGS
Headings are included in this Agreement for convenience of reference only and shall not affect the interpretation of this Agreement. The general interpretation of this Agreement is subject to the provisions of the Civil Code of Québec.
21. TRANSFER
You may not assign your rights or obligations under this Agreement without the express written consent of Doctr.
22. MINORS
Doctr reminds you that the Platform is intended for use by an adult, and not by a minor. Any purchase of one of the Services or Subscription may only be made by an adult, and any use of the Platform must be made by the parent or legal guardian of the minor for whom he or she is responsible.
23. APPLICATION
The Parties are bound by this Agreement and acknowledge that they are aware of each other's rights and obligations.
24. LANGUAGE: FRENCH AND ENGLISH
If the Agreement is available in more than one language and a problem of definition or interpretation arises between the French version and any other version of the Agreement, the French version shall prevail.
25. ENTIRE AGREEMENT
This Agreement, the Other Policies, Terms and Conditions incorporated herein by reference or referred to herein, constitute the entire Agreement between you and Doctr with respect to the terms and conditions of sale, the use of the Platform and the transactions conducted on or from the Platform. They supersede any prior agreements or understandings (whether electronic, oral or written) regarding the subject matter hereof, and may only be modified in writing in accordance with this Agreement.
26. NO WAIVER
Doctr's failure to enforce any provision hereof or to respond to any breach hereof by you or any third party shall not in any way waive Doctr's right to enforce any terms hereof or to respond to similar breaches in the future.
27. MODIFICATION OF CONDITIONS
Doctr reserves the right to modify, alter or update these Terms of Use. Doctr will notify Customers by email thirty (30) days prior to the effective date of such changes.
If the Customer does not accept this Agreement or, as the case may be, the Agreement as amended, it must not, or must no longer, use the Platform. No later than thirty (30) days after the effective date of the modifications, the Customer shall send a notice to Doctr.
The use of the Platform by the Customer after changes means that the Customer agrees to abide by and be legally bound by the Agreement. Doctr will inform Customers of any changes to the Agreement at least thirty (30) days in advance.
28. CONTACT
For all returns, refunds and cancellations of Orders and Subscriptions, please contact the person in charge by email: legal@doctr.ca
By placing an Order or a Subscription, the Customer declares that they have read and understood this Agreement and that this Agreement does not contain any illegible or incomprehensible clause, and the Customer accepts this Agreement in its entirety WITHOUT ANY RESERVATION.
Last updated November 11, 2024.