Terms of Use

1. INTRODUCTION & ELIGIBILTY

Please read these Terms of Service ("Terms") carefully before using Consult Conduit. These Terms include Consult Conduit Privacy Policy. Binding Agreement. These Terms constitute a binding agreement between you and 3BC Inc. and its affiliates and subsidiaries ("consult conduit,", “consult conduit service”, "we," "us"). "You" and "users" shall mean all health service providers and their agents who use Consult Conduit. You accept these Terms when using the website www.consultconduit.com, and each time you access the Consult Conduit Service thereafter. If you do not accept these Terms, you must not use consult conduit.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of consult conduit after a change to these Terms constitutes your binding acceptance of these Terms.

"Health-related information" means all individually identifiable health information, including demographic information and information related to an individual's physical or mental health, the provision of health care to the individual, or the individual's payment for the provision of health care.

2. Consult Conduit Service

Consult Conduit provides a secure platform for physicians to communicate privately to one another regarding patient-specific medical inquiries. By joining Consult Conduit and submitting the Health Claim Authorization form, you agree to become a member of the Consult Conduit eConsultation billing group and have claims limited to those enabled by the website (K738/K739/U025/U023/U026/U021/U235/U233/U236/U231) to be submitted to the Ministry of Health and Long-Term Care (MOHLTC) and paid to Consult Conduit on your behalf. Consult Conduit maintains records of claims submitted and paid on your behalf and issues payment to you in the form of cheque to the address you provide monthly once the amount payable exceeds the minimum payout amount. Consult Conduit retains 10% (ten percent) of total billings. Total billings can be viewed at any time on your personal dashboard page.

Not Medical Advice; Ontario use Only

Consult Conduit does not offer any medical advice. Any medical content accessed through Consult Conduit is provided by independent licensed third-party health care providers, therefore it is the sole responsibility of the medical professional to use professional judgment. You assume full risk and responsibility for the use of information you obtain from or through Consult Conduit. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.

Third-Party Services

Consult Conduit may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.

Electronic Communication

When accessing the Consult Conduit website, you are communicating with us electronically and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Individuals' Consent for Data Collection and Use

You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to Consult Conduit.

3. BILLING

Minimum payout balance

The minimum payout balance is $500.00, we will not disburse payment to you until we have collected at least $500.00 in total billings to be paid to you. We may change the amount of the minimum payout balance at our discretion, at any time. In the event the user wishes to cease membership, they will notify Consult Conduit in writing and the outstanding payable balance will be paid within 30 (thirty) days of membership termination.

Calculation of Payment

We will collect the full amount from OHIP, deduct a Transaction Fee, and disburse the remainder to you using the account information provided at sign up.

Payment Methods.

Payment is delivered through cheque mailed to the address you provide in your user account.

Timing of Payments

We will make payments to you monthly (the last Friday of each month) when total billings exceed the minimum payout balance. We may change the payment schedule at our discretion, at any time. Payment to you may also be delayed for payment processing reasons.

Holding Payments Due to You.

Unless we have collected payments due to you totaling the minimum payout balance or you terminate your access to Consult Conduit, we will hold the funds and roll them into the next scheduled payment. We will continue to roll the funds to the next scheduled payment until the minimum payout balance is reached. Thereafter, we will make payment to you according to the payment schedule. If you decide to terminate your account with Consult Conduit, we will make the payment due to you before closing your account. We are not liable for any interest on the funds we hold for you.

Consult Conduit Transaction Fees.

Consult Conduit charges a flat fee of 10% to collect and process payments from OHIP and disburse payment to you.

Government Taxes, Fees, and Service Charges.

You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through Consult Conduit. Consult Conduit is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.

Fees Charged by Third-Party Payment Processors.

The Consult Conduit Service uses third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use. Such third parties may charge fees to process payments, and Consult Conduit is not responsible for them.

Electronic Payments Report.

Consult Conduit allows you access to reports showing a record of your the financial transactions.

4. HEALTH RELATED INFORMATION PRACTICES

Consult Conduit complies with electronic Personal Health Information (ePHI) security legislation as outlined by the Personal Health Information Protection Act (PHIPA). All data is stored on dedicated servers within physically secure and monitored facilities. Only employees and contracted business partners are given access to data stored on Consult Conduit servers. In these instances, only as much patient specific information as necessary is made available. Backups of the data are performed daily, are encrypted and stored on a separate secure dedicated server. Password resets are required every 6 (six) months. Minimum password strength is necessary.

Data Storage on Mobile Device

No personal health information is stored locally on the mobile device. Information provided on the mobile device is transferred from the Consult Conduit server using SSL encryption. No patient health information will be transmitted to third party applications used in the transmission of e-consultation through the mobile device.

Data transfer

All data transferred from you (“the client”), to Consult Conduit servers is encrypted using SSL encryption. We do not transfer health-related information to third parties, other than our vendors, suppliers and as required to process patient billing.

Appropriate Safeguards

We will use appropriate safeguards to prevent the use or disclosure of health-related information other than as provided for by these Terms, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information.

Security Incident

Our designated privacy officer will report to you any discovered use or disclosure of health-related information not provided for by these Terms, or when we determine that unauthorized access to health-related information has occurred.

5. ACCOUNT CREATION AND SECURE CREDENTIALS

You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms also binds such health service provider.

Accurate Account Information

You represent and warrant that the information you provide to Consult Conduit upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Verification.

You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including "Confidential Information," about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Consult Conduit at any time if we are unable at any time to determine or verify your qualifications or credentials.

Protecting Your Log-In Credentials.

As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access Consult Conduit.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Consult Conduit by e-mail: privacy@consultconduit.com. You will be solely responsible for the losses incurred by Consult Conduit and others (including patients) due to any unauthorized use of your account that takes place prior to notifying consult conduit that your account has been compromised.

6. CONSULT CONDUIT LIABLILTY

We are not liable for anything our users do when using Consult Conduit. We may change the Consult Conduit Service (service agreement) at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the Consult Conduit website.

Changes to Consult Conduit Service.

We may change, suspend, or discontinue any aspect of the Consult Conduit Service at any time, including hours of operation or availability of Consult Conduit or any feature, without notice or liability.

User Disputes

We are not responsible for any disputes or disagreements between you and any third party with whom you interact using Consult Conduit, including payment processors and referring physcians. We are also not responsible for disputes or disagreements between you and any patient. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Consult Conduit of all claims, demands, and damages in disputes among users of Consult Conduit. You also agree not to involve us in such disputes. Use caution and common sense when using Consult Conduit.

Content Accuracy

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of Consult Conduit, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, or the quality or nature of third-party advice obtained through Consult Conduit. Use Consult Conduit at your’s and your patient’s own risk. We make no promises and disclaim all liability of specific results from the use of consult conduit.

A. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF CONSULT CONDUIT IS AT YOUR SOLE RISK, AND CONSULT CONDUIT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON CONSULT CONDUIT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) CONSULT CONDUIT WILL MEET YOUR REQUIREMENTS, (ii) CONSULT CONDUIT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONSULT CONDUIT WILL BE ACCURATE OR RELIABLE, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CONSULT CONDUIT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONSULT CONDUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CONSULT CONDUIT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF CONSULT CONDUIT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON CONSULT CONDUIT; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO CONSULT CONDUIT.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH CONSULT CONDUIT OR YOUR USE OF CONSULT CONDUIT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Consult Conduit Content or the use of the Consult Conduit, (iii) any activity on Consult Conduit under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

7. GENERAL TERMS

These Terms constitute the entire agreement between you and Consult Conduit concerning your use of Consult Conduit. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.