Terms of Use

Acceptance of Terms

Please read these Terms of Service (“Terms”) carefully before using the Doctors of BC Facility Engagement Management System (“FEMS”). The FEMS is for activities related to or arising out of the Memorandum of Understanding on Local and Regional Engagement (“Facility Engagement”). Use of the FEMS is subject to the following Terms. The Doctors of BC reserves the right to update these Terms at any time without notice to you. The most current version is available for review by clicking on the "Terms of Service" hypertext link located on the landing page of the mobile application web site.

Your access to and use of the FEMS is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the FEMS. By accessing or using the FEMS, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the FEMS.

Privacy and Protection of Personal Information

The Doctors of BC Privacy Policy at https://www.doctorsofbc.ca/privacy-policy governs any personal information you provide to Doctors of BC verbally, in writing, through our website and in the FEMS application.

Electronic information and data will be stored on servers physically located in Canada and managed consistent with provincial and federal privacy legislation.

Description of Services

The FEMS provides users with the ability to manage Facility Engagement activities and funding, submit sessional claim information, upload receipts for associated eligible expenses, provide feedback on sessions and link to an independent third party payment processor to set up a payment preference (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new mobile application properties, are subject to these Terms.

License

This FEMS software that is made available by Doctors of BC ("Software") is the exclusive property of Doctors of BC. Use of the Software is governed by these Terms.

The Software is made available for download to a mobile device or for use via a web browser solely for use by end users according to the Terms. Any reproduction or redistribution of the Software not in accordance with the Terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the generality of the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by Doctors of BC.

Limitation of Liability

Doctors of BC and/or its respective suppliers shall under no circumstances be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Services.

Member Account, Password, and Security

The Services require you to open an account by completing a registration process. In the registration process please provide current, complete and accurate information as prompted. When choosing a password, please use credentials that cannot be easily guessed. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Doctors of BC immediately of any unauthorized use of your account or any other breach of security. Doctors of BC shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Doctors of BC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Use of Services

Claims

You will only submit a claim for Facility Engagement funds where you are not already being paid by another party. You will not provide false or misleading information by duplicating claims, inflating amounts claimed or falsifying receipts.

You will not make any compensation claim for activities related to Facility Engagement by where compensation for the activities is available or claimed by you from any other alternative source. If compensation for such activities is available or claimed from an alternate source, you shall only seek compensation from that alternate source and will not seek compensation for such activities through FEMS except to the extent that the activities exceed the compensation from the alternate source.

When uploading receipts, you will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. The Physician Society/Medical Staff Association, the Specialist Services Committee, and Doctors of BC reserves the right to review claim information and receipts provided and to allow or deny payment of all or part of any claim.

The Specialist Services Committee (SSC) has the right to conduct audits on a planned, selective, and/or random basis to ensure compliance with the expenditure regulations of any Facility Engagement activity.

Claims must be submitted within 90 days of the activity date.

Feedback

When providing feedback, you will not include any comments that would defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or use any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Evaluation

You are obligated to provide feedback on Facility Engagement activities; by doing so, you consent to the use of information provided for evaluation purposes. Feedback data will be used to evaluate the effectiveness of Facility Engagement. Any disclosure of this information by Doctors of BC to a third party evaluator will be anonymized prior to being disclosed.

Surveys

Doctors of BC may engage evaluation teams of third party consultants to independently evaluate the effectiveness of Facility Engagement. Doctors of BC will share the email address provided as part of the registration process for the FEMS with the third party consultant's team who will distribute surveys to you.

Payments

Any links to a third party site will let you leave FEMS. The linked sites are not under the control of Doctors of BC and Doctors of BC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Doctors of BC is not responsible for webcasting or any other form of transmission received from any linked site. Doctors of BC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Doctors of BC or the site.

Doctors of BC has contracted with a third party payment processor to facilitate payment of your sessional claims. This provider is a compliant Payment Card Industry Level 1 Service Provider for your protection. Payments will generally be made by Direct Deposit to your bank account. Neither Doctors of BC nor the Physician Societies/Medical Staff Associations have access to the bank account information you provide to this third party.

Doctors of BC created F.E. Services Inc. (FESC) to flow funding to the unincorporated Medical Staff Associations. Processing of these funds will be managed by the accounting firm appointed by the SSC and FESC. An annual administration fee will be retained for providing services to the Medical Staff Association as outlined in the funding terms and conditions.

Taxes and Third Party Fees

You must pay any applicable taxes associated with income from Facility Engagement. You are responsible for informing Doctors of BC and your Physician Society/Medical Staff Association if you are required to collect GST on sessional claims. You must pay any applicable third-party fee. Doctors of BC is not responsible for these fees. Doctors of BC and/or the Physician Societies/Medical Staff Associations are responsible for third party fees directly related to the Software, i.e.: hosting and payment processor fees.

No Prohibited or Unlawful

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any host server, or the network(s) connected to any host server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Doctors of BC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Ownership

The FEMS is the sole property of Doctors of BC and Doctors of BC shall maintain any and all existing ownership rights it has in the Software. Doctors of BC shall own all proprietary rights in the claim and feedback information you provide by using the FEMS. Claim data will be stored on servers in Canada and reasonable security measures will be employed to safeguard the information.

Legal Compliance

Doctors of BC reserves the right at all times to disclose any information as Doctors of BC deems necessary to satisfy any applicable law, regulation or legal process.

Termination

Doctors of BC may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.