Terms of Use

Effective date: July 25, 2026
Last updated: July 25, 2026

These Terms of Use govern access to and use of:

the public corporate website at DrPlus.ca;
Smart Hours, available at hours.drplus.ca;
the FHO+ Income Calculator made available through DrPlus.ca;
public information about FHO+ Management;
email, telephone, support, corporate, and business communications with Dr. Plus; and
related websites, content, functions, and services that expressly reference these Terms.

In these Terms, “Dr. Plus,” “we,” “us,” and “our” refer to Dr. Plus Physician Services Inc.

By accessing or using a website, account, tool, or service governed by these Terms, you agree to these Terms and the applicable Privacy Policy. If you do not agree, do not use the applicable website, account, tool, or service.

1. Scope and separate services

These Terms apply to DrPlus.ca, Smart Hours, and the FHO+ Income Calculator.

These Terms do not replace:

the separate Terms of Use and Privacy Policy for ClinicFees;
a signed FHO+ Management service agreement, statement of work, order form, schedule, or customer-specific term;
Google’s terms governing Google sign-in or other Google services;
the terms of an independent medical clinic, physician practice, professional association, government body, or third-party website; or
another service-specific agreement that expressly applies.

Where a separate written agreement with Dr. Plus governs the same subject matter, that agreement takes priority to the extent of a conflict.

2. Eligibility and authority

The websites and services governed by these Terms are intended primarily for:

physicians;
FHO leads and administrators;
medical-practice personnel;
clinic owners and managers;
authorized organizational representatives; and
adult professional or business users.

You must be legally capable of entering into these Terms.

If you use a website, tool, or service on behalf of a clinic, corporation, partnership, FHO, medical group, or other organization, you represent that:

you are authorized to act for that organization;
you are authorized to accept these Terms on its behalf; and
the organization agrees to be bound by these Terms.

Smart Hours is not intended for children. You must not create a Smart Hours account for a child.

3. About Dr. Plus

Dr. Plus Physician Services Inc. is a physician-led Canadian healthcare technology company that develops practical software and services for physicians, FHO organizations, and medical clinics.

Dr. Plus focuses on non-clinical operational areas such as:

physician and FHO administration;
working-hour organization;
financial and billing analysis;
roster and group reporting;
scheduling and operational coordination;
clinic billing administration; and
related practice-management workflows.

Dr. Plus is not, merely by providing these websites, tools, or services:

a medical clinic;
a physician or other health-care provider;
an electronic medical record;
a patient chart or clinical-record system;
an insurer;
a government program;
a regulator;
a professional association;
an accounting firm;
a law firm; or
a substitute for independent professional advice.

4. DrPlus.ca

DrPlus.ca is a public corporate website that describes Dr. Plus and its services and tools.

DrPlus.ca does not provide:

a corporate-site user account;
a patient account;
a shared sign-in portal;
medical advice;
emergency assistance;
patient-specific support;
a public contact form; or
a guarantee that a service is suitable for a particular user or organization.

Information published on DrPlus.ca is provided for general information, education, and business evaluation.

5. Smart Hours

Smart Hours is a free tool that helps physicians organize, track, and plan FHO+ working hours and related activities.

Smart Hours may allow users to:

sign in using Google;
create and maintain a Smart Hours account;
enter and organize working dates and hours;
associate billing codes or activity categories with hours;
review recorded activity;
plan future hours;
download account data; and
delete the account through a self-service function.

Available functions may change over time.

Smart Hours is provided as a planning and organizational tool. It does not:

submit claims to the Ontario Ministry of Health;
verify that a user meets Ministry eligibility requirements;
confirm that entered hours will be accepted for payment;
replace official billing or payment records;
guarantee payment or compensation;
provide individualized billing advice;
provide accounting, legal, tax, regulatory, or professional advice; or
replace the user’s obligation to maintain and verify appropriate records.

Users are responsible for independently verifying all important information and requirements.

Smart Hours uses Google sign-in.

When using Google sign-in:

you must use an account you are authorized to use;
you are responsible for protecting the Google account and its credentials;
you must comply with Google’s applicable terms;
Google may independently process information under its own policies; and
Dr. Plus does not receive your Google password.

Dr. Plus is not responsible for:

the availability of Google sign-in;
Google account suspension or compromise;
Google’s independent services or privacy practices;
changes made by Google; or
unauthorized access caused by failure to secure your Google account or device.

If Google sign-in becomes unavailable or materially changes, Dr. Plus may modify the authentication method, suspend account creation, or take another reasonable operational step.

7. Smart Hours account responsibility

You are responsible for:

providing accurate and current account information;
maintaining control of your Google account;
using secure devices and networks;
signing out of shared or public devices;
preventing unauthorized access;
promptly reviewing or reporting suspicious activity;
keeping exported data secure;
ensuring that information entered into Smart Hours is appropriate; and
complying with these Terms and applicable law.

You must notify support@drplus.ca promptly if you believe that:

your Smart Hours account has been accessed without authorization;
your Google account used for Smart Hours has been compromised;
data has been lost or disclosed improperly; or
a security vulnerability may affect Smart Hours.

Dr. Plus may require identity or account verification before acting on certain requests.

8. No patient information in Smart Hours

Smart Hours is not intended or approved for patient information.

You must never enter, upload, store, or include:

patient names;
health card numbers;
dates of birth;
patient addresses or contact information;
medical-record numbers;
diagnoses;
symptoms;
consultation notes;
treatment information;
prescription information;
laboratory or imaging information;
appointment details connected to an identifiable patient;
scanned patient documents;
medical records; or
any other patient-identifying or personal health information.

Billing codes may be used only to organize the physician’s working hours and activities. They must not be combined with patient identifiers or clinical details.

You are responsible for ensuring that your use of Smart Hours does not identify a patient.

If Dr. Plus reasonably believes that prohibited patient information has been entered, Dr. Plus may:

restrict or suspend access;
remove or isolate the information;
contact the user;
investigate the incident;
preserve evidence;
require corrective action;
close the account; or
take another reasonable privacy or security measure.

Those actions do not make Dr. Plus responsible for the user’s unauthorized submission of patient information.

9. Smart Hours data export

Smart Hours may allow users to download their account data.

When you download or export data:

the resulting copy is controlled by you;
you are responsible for securing it;
you are responsible for the device, email account, cloud service, removable media, or other location where you store or send it;
Dr. Plus is not responsible for a disclosure occurring after the data leaves Smart Hours due to your action or chosen destination; and
you must not add patient information to the exported data.

You should confirm that the export is complete and suitable for your purpose before relying on it.

10. Smart Hours account deletion

Smart Hours provides self-service account deletion.

When you complete the deletion process:

the active Smart Hours account is deleted; and
the associated active Smart Hours data is deleted.

Limited information may remain temporarily in:

backups;
security records;
audit records;
incident records;
fraud-prevention records;
legal records; or
records required to establish, exercise, or defend legal rights.

Deletion may not immediately remove every residual copy from all backup systems.

You are responsible for downloading any information you wish to retain before deleting the account.

Account deletion is generally irreversible. Dr. Plus is not required to recreate deleted data.

11. FHO+ Income Calculator

The FHO+ Income Calculator is a free educational estimation tool owned and operated by Dr. Plus Physician Services Inc.

It is intended to help physicians explore potential FHO+ income scenarios using user-selected assumptions.

The calculator:

provides estimates only;
is not an official calculator;
is not affiliated with or endorsed by the Ontario Ministry of Health;
does not guarantee payment, eligibility, billing acceptance, or compensation;
does not provide billing, accounting, financial, legal, tax, regulatory, or professional advice; and
may not reflect every rule, exception, payment arrangement, physician circumstance, or later change.

Ministry rules, OMA guidance, compensation rates, billing rules, eligibility requirements, payment arrangements, and other assumptions may change.

The calculator’s results may differ materially from actual compensation.

You must independently verify important information before making professional, contractual, employment, financial, tax, billing, or business decisions.

12. Calculator inputs and privacy

The FHO+ Income Calculator processes entered values in the user’s browser.

During the calculator’s normal operation, Dr. Plus does not intentionally:

transmit calculator-field values to a server;
store entered values;
retain calculated results;
associate calculator values with an account; or
provide entered values or calculated results to analytics services.

Ordinary hosting, network, security, and page-request information may still be processed, but the calculator’s normal calculation process does not submit the entered calculator fields to Dr. Plus.

No account is required to use the calculator.

You must not enter patient information into the calculator.

The calculator does not provide a built-in sharing or export feature.

You are responsible for any calculator information or results you independently record, save, copy, export, transmit, or share outside the calculator. You must protect that information, choose appropriate recipients and destinations, and ensure that it does not contain patient information.

Dr. Plus is not responsible for a disclosure caused by a user’s independent decision to record, save, copy, export, transmit, or share calculator information or results.

14. Calculator assumptions and limitations

The calculator uses simplified modelling rules and user-entered assumptions.

Depending on the current version, assumptions may include:

roster size;
annual capitation values;
monthly working days;
hourly rates;
rostered and non-rostered visit proportions;
shadow-billing assumptions;
out-of-basket assumptions;
after-hours and weekend activity;
billing-code premiums;
OMA hour-mix rules;
overhead percentages; and
annualization of monthly results.

Those assumptions may not reflect:

actual Ministry payment calculations;
individual physician circumstances;
every billing code or premium;
reconciliation adjustments;
clawbacks;
roster changes;
rejected or adjusted claims;
taxes;
benefits;
expenses;
contractual arrangements;
group distributions;
timing differences;
future rule changes; or
other relevant factors.

A technically correct calculation from inaccurate or incomplete inputs may still produce a misleading result.

You are responsible for the values and assumptions you select.

15. FHO+ Management

DrPlus.ca provides public information about FHO+ Management.

FHO+ Management may include software, reporting, analysis, forecasting, scheduling, coordination, and professional support.

Public descriptions do not create a service relationship.

A physician, FHO, clinic, or organization must enter into an applicable written agreement before receiving paid or customer-specific FHO+ Management services.

A separate agreement may address:

service scope;
fees;
account access;
customer responsibilities;
confidentiality;
data processing;
security;
support;
service levels;
ownership;
termination;
warranties;
liability; and
other service-specific matters.

If a separate FHO+ Management agreement conflicts with these Terms, the separate agreement governs the subject matter it addresses.

FHO+ Management is not an electronic medical record or clinical-record system and does not replace professional billing, accounting, tax, legal, or regulatory advice.

16. Uninsured Services Management and ClinicFees

DrPlus.ca may describe Uninsured Services Management, delivered through ClinicFees.ca.

ClinicFees is a separate service developed and operated by Dr. Plus.

ClinicFees has separate Terms of Use and a separate Privacy Policy governing ClinicFees-specific activities, including:

clinic applications and onboarding;
authenticated clinic accounts;
service and fee catalogues;
invoices, receipts, and statements;
clinic-entered patient and billing information;
secure links and documents;
email and SMS communications;
payment functions;
subscriptions;
reporting and reconciliation; and
ClinicFees support and administration.

These Terms do not replace the ClinicFees Terms of Use.

When you visit or use ClinicFees, the ClinicFees terms apply.

17. Public information and educational content

Dr. Plus may publish general information concerning:

FHO and FHO+ administration;
physician compensation concepts;
working-hour organization;
roster and group reporting;
clinic operations;
uninsured-services administration;
billing workflows;
financial administration;
scheduling;
practice-management technology; and
related topics.

Unless expressly stated in a separate written agreement, public information:

is general information only;
is not medical advice;
is not legal advice;
is not accounting or tax advice;
is not billing advice;
is not professional regulatory advice;
is not a guarantee of eligibility, payment, revenue, or outcome;
may not apply to every physician, clinic, FHO, jurisdiction, or circumstance;
may become outdated; and
does not replace an authoritative source or independent professional review.

Where Dr. Plus summarizes or links to information from a government, professional association, regulator, or other source:

the original source remains authoritative;
the source may change;
Dr. Plus may not be notified of a change; and
a reference does not imply sponsorship, affiliation, approval, or endorsement.

18. No medical relationship or emergency service

Using DrPlus.ca, Smart Hours, the calculator, email, telephone, or another public Dr. Plus communication channel does not create:

a physician-patient relationship;
a clinic-patient relationship;
a professional adviser-client relationship;
a fiduciary relationship;
a medical duty of care; or
an emergency-response obligation.

Dr. Plus does not provide medical advice or emergency assistance through these services.

Patients must contact their own physician or medical clinic regarding:

appointments;
medical care;
medical records;
test results;
prescriptions;
referrals;
patient invoices;
receipts;
refunds;
fee disputes; or
patient-specific billing questions.

For an emergency, contact the appropriate emergency service.

19. Email and telephone communications

DrPlus.ca provides published email addresses and a telephone number.

Ordinary email may not be secure.

Do not send:

personal health information;
patient-identifying information;
medical records;
health card information;
passwords;
authentication or verification codes;
payment-card information; or
information that is not reasonably necessary for the inquiry.

Dr. Plus may:

route an inquiry to an appropriate person or service;
retain appropriate business and support records;
decline to respond to inappropriate or abusive communications;
ask for additional verification;
remove sensitive information where reasonably possible; or
direct a patient to contact the applicable physician or clinic.

Email or telephone communication does not guarantee that Dr. Plus will accept a proposed service relationship, provide a particular service, or respond within a particular period.

20. Acceptable use

You may use the applicable website, tool, or service only for lawful, authorized, and appropriate purposes.

You must not:

violate a law, regulation, court order, professional obligation, or third-party right;
enter patient information into Smart Hours or the calculator;
impersonate another person, physician, clinic, organization, or authorized representative;
provide false, misleading, fraudulent, or materially incomplete information;
access another user’s account without authorization;
share or misuse credentials;
interfere with authentication, access controls, or account security;
probe, scan, test, or exploit a vulnerability without prior written authorization;
bypass a technical, security, rate, usage, or access restriction;
introduce malware, harmful code, or destructive content;
use automated systems to overload, scrape, copy, or disrupt a service contrary to these Terms;
reverse engineer, decompile, or attempt to extract source code except where a legal right cannot be excluded;
copy or reproduce protected content beyond permitted use;
remove copyright, trademark, attribution, or proprietary notices;
use the service to harass, threaten, defame, deceive, or harm another person;
upload unlawful, infringing, confidential, or unauthorized information;
use the service to create or distribute unsolicited commercial messages;
use Dr. Plus branding in a way that suggests an unauthorized affiliation or endorsement;
resell, sublicense, rent, lease, or commercially exploit a free tool without written authorization;
use the service to build, train, benchmark, or improve a competing commercial product through bulk extraction or systematic copying without written permission;
interfere with another user’s use;
assist another person in prohibited conduct; or
use a website, tool, or service in a manner that creates unreasonable legal, privacy, security, operational, or reputational risk.

Reasonable use of public content for personal professional education, internal evaluation, or ordinary linking is permitted, subject to intellectual-property rights and these Terms.

21. Monitoring, investigation, and enforcement

Dr. Plus may use reasonable technical and administrative measures to:

protect a service;
detect unauthorized access;
investigate suspected misuse;
prevent fraud;
preserve evidence;
enforce these Terms;
comply with law;
respond to security incidents; or
protect users and third parties.

Where reasonably necessary, Dr. Plus may:

warn a user;
require corrective action;
restrict a function;
suspend access;
remove prohibited information;
block a device, address, or request;
preserve logs;
terminate an account; or
report conduct to an affected organization or lawful authority.

Dr. Plus is not required to monitor every activity or item of information.

A failure to detect or prevent a violation does not waive Dr. Plus’s rights.

22. Intellectual property

DrPlus.ca, Smart Hours, the FHO+ Income Calculator, and related materials may include:

software;
source code;
calculation logic;
layouts;
text;
graphics;
illustrations;
icons;
designs;
trademarks;
logos;
service names;
documentation;
databases;
compilations; and
other content.

These materials are owned by Dr. Plus or used under licence and are protected by applicable intellectual-property laws.

Except for the limited rights expressly granted by these Terms, no right, title, or interest is transferred to you.

You may not use the names, logos, marks, or branding of Dr. Plus, Smart Hours, FHO+ Management, the FHO+ Income Calculator, or ClinicFees without permission, except for ordinary accurate references or links that do not imply sponsorship or endorsement.

23. Limited licence

Subject to these Terms, Dr. Plus grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to:

access public DrPlus.ca content for personal, professional, or internal business evaluation;
use Smart Hours for your own authorized hours-management purposes;
use the FHO+ Income Calculator for your own educational planning and comparison; and
download or print reasonable portions of public content for lawful internal reference.

This licence does not permit:

resale;
public republication of substantial content;
commercial redistribution;
white-labelling;
creation of derivative commercial services;
bulk extraction;
removal of proprietary notices;
unauthorized copying of software or calculation logic; or
use that violates these Terms.

The licence ends when your access is terminated or when you stop being entitled to use the applicable service.

24. User-entered information

You retain any ownership rights you may have in information you lawfully enter into Smart Hours.

You grant Dr. Plus and its authorized service providers a limited right to host, store, process, reproduce, transmit, display, back up, secure, and otherwise use that information only as reasonably necessary to:

provide Smart Hours;
maintain the account;
enable requested functions;
provide support;
protect the service;
comply with law; and
exercise rights under these Terms and the Privacy Policy.

You represent that:

you have the right to provide the information;
the information is lawful;
the information does not infringe another person’s rights;
the information does not contain prohibited patient information; and
the information is reasonably accurate for your intended use.

Dr. Plus does not claim ownership of your entered Smart Hours hours or billing-code information.

25. Feedback

You may provide suggestions, comments, or feedback.

Unless the feedback is subject to a separate written confidentiality obligation, Dr. Plus may use it to evaluate, develop, improve, or promote its services without an obligation to compensate you.

Do not include:

patient information;
medical records;
confidential clinic information;
third-party proprietary information;
passwords;
security credentials; or
information you are not authorized to disclose.

This section does not transfer ownership of confidential customer data or information protected by a separate agreement.

26. Privacy

The Dr. Plus Privacy Policy explains how personal information may be collected, used, disclosed, retained, and protected in connection with DrPlus.ca, Smart Hours, and the FHO+ Income Calculator.

By using a service, you acknowledge that the applicable processing may occur as described in the Privacy Policy.

Privacy questions may be sent to:

privacy@drplus.ca

Smart Hours support questions may be sent to:

support@drplus.ca

27. Third-party services and links

Dr. Plus websites and services may link to or depend on third parties, including:

Google;
ClinicFees;
LinkedIn;
hosting and infrastructure providers;
analytics providers;
security providers;
email and telecommunications providers;
government websites;
professional associations; and
other external resources.

Third parties are independent unless expressly stated otherwise.

Dr. Plus does not control and is not responsible for:

third-party content;
third-party availability;
third-party security;
third-party privacy practices;
third-party changes;
third-party contracts;
third-party representations; or
a loss caused by your direct relationship with a third party.

Your use of a third-party service is governed by that third party’s terms and policies.

A link does not imply that Dr. Plus endorses every statement, product, service, or practice of the third party.

28. Service availability and changes

Dr. Plus may add, modify, suspend, restrict, or discontinue all or part of a website, tool, or service.

Changes may affect:

features;
layouts;
account functions;
authentication;
exports;
analytics;
calculation assumptions;
technical requirements;
compatibility;
content;
support arrangements; or
service availability.

Dr. Plus does not guarantee that:

a service will always be available;
a feature will remain unchanged;
a particular browser or device will always be supported;
historical data will always remain accessible;
an external provider will remain available; or
every defect will be corrected.

Where reasonable, Dr. Plus may provide notice of a material change, but urgent security, legal, provider, or operational changes may occur without advance notice.

29. Updates and maintenance

Dr. Plus may perform scheduled or emergency maintenance.

A service may be unavailable because of:

maintenance;
software updates;
security work;
provider outages;
network failures;
force majeure;
legal requirements;
system capacity;
data recovery;
account investigation; or
other operational circumstances.

You are responsible for maintaining independent copies of information you reasonably require and are permitted to export.

30. Suspension and termination

Dr. Plus may restrict, suspend, or terminate access where reasonably necessary because of:

violation of these Terms;
suspected unauthorized access;
security risk;
unlawful activity;
patient information entered into a prohibited system;
impersonation or fraud;
misuse of a service;
risk to another user or third party;
provider or infrastructure restriction;
legal or regulatory direction;
investigation of an incident;
prolonged inactivity where appropriate; or
discontinuation of the service.

Urgent protective action may occur without advance notice.

Where appropriate, Dr. Plus may provide an opportunity to correct a problem.

You may stop using DrPlus.ca or the calculator at any time.

You may delete a Smart Hours account through the available self-service function.

Termination or deletion does not affect provisions intended to survive, including provisions concerning:

intellectual property;
confidentiality;
privacy and retained records;
disclaimers;
liability limitations;
indemnity;
dispute resolution;
accrued obligations; and
interpretation.

31. No professional advice

Dr. Plus websites, tools, outputs, reports, summaries, estimates, and public communications do not constitute:

medical advice;
legal advice;
accounting advice;
tax advice;
financial advice;
billing advice;
professional regulatory advice;
employment advice;
insurance advice; or
a guarantee of government payment or program eligibility.

A physician, clinic, FHO, or organization remains responsible for obtaining appropriate independent professional advice.

No feature, output, recommendation, estimate, or public statement should be treated as the sole basis for an important decision.

32. No guaranteed outcomes

Dr. Plus does not guarantee:

increased income;
reduced expenses;
billing acceptance;
payment;
reimbursement;
Ministry eligibility;
regulatory compliance;
business performance;
staff efficiency;
schedule coverage;
accuracy of user-entered information;
the identification of every billing opportunity;
the prevention of every missed opportunity;
the accuracy of every forecast; or
a particular operational result.

Descriptions of potential benefits are not promises of a result.

Actual outcomes depend on many factors outside Dr. Plus’s control.

33. Disclaimers

Except where expressly stated in a separate written agreement and to the maximum extent permitted by law, DrPlus.ca, Smart Hours, the FHO+ Income Calculator, public information, and related functions are provided “as is” and “as available.”

Dr. Plus disclaims implied warranties, representations, and conditions that may lawfully be excluded.

Dr. Plus does not warrant that:

operation will be uninterrupted;
a service will be error-free;
a service will be completely secure;
all defects will be corrected;
every device or browser will be compatible;
information will always be complete or current;
an output will be accurate for a particular user;
a result will be suitable for a particular purpose;
third-party services will remain available;
data will never be lost;
an export will satisfy every recordkeeping need;
calculator assumptions will remain current; or
Smart Hours records will be accepted by a government, payer, regulator, auditor, employer, FHO, or other organization.

You use the websites, tools, content, and outputs at your own risk.

Nothing in these Terms excludes a warranty, condition, remedy, representation, or right that cannot lawfully be excluded.

34. Limitation of liability

To the maximum extent permitted by law, and subject to any separate written agreement, Dr. Plus and its directors, officers, employees, contractors, service providers, licensors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages arising from or connected with these Terms or the applicable website, tool, or service.

This includes claimed losses relating to:

revenue;
profits;
compensation;
business opportunity;
goodwill;
business interruption;
billing;
taxes;
professional decisions;
data loss or corruption;
replacement services;
device or account compromise;
third-party service failure;
incorrect inputs;
calculator estimates;
reliance on public content;
inability to access a service;
calculator information or results independently recorded, saved, copied, exported, transmitted, or shared by a user;
unauthorized sharing by a user;
account suspension or deletion; or
Ministry, payer, regulator, clinic, FHO, or professional decisions.

For a claim not governed by a separate written agreement, the total aggregate liability of Dr. Plus arising from or connected with DrPlus.ca, Smart Hours, or the FHO+ Income Calculator is limited to the greater of:

CAD $100; and
the amount you paid directly to Dr. Plus for the specific website, tool, or service giving rise to the claim during the twelve months before the event giving rise to the claim.

Because Smart Hours and the calculator are free, the amount paid for those tools may be zero.

This limitation applies regardless of the legal theory, including contract, tort, negligence, statute, or otherwise, to the extent permitted by law.

Nothing in these Terms limits liability for:

fraud;
wilful misconduct;
death or personal injury where liability cannot lawfully be limited; or
another liability that cannot legally be excluded or limited.

A separate written agreement may establish a different allocation of responsibility.

35. Indemnity

To the extent permitted by law, an organization and a user acting in an organizational or professional capacity agree to defend, indemnify, and hold harmless Dr. Plus and its directors, officers, employees, contractors, service providers, licensors, and representatives from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal expenses arising from:

unlawful or unauthorized information submitted by that user or organization;
patient information entered into Smart Hours or the calculator;
violation of privacy, confidentiality, professional, consent, or recordkeeping obligations;
infringement of another person’s rights;
misuse of a service;
fraudulent or misleading conduct;
unauthorized account access caused by failure to secure credentials or devices;
violation of these Terms; or
use of outputs or information in a manner not authorized by these Terms.

Dr. Plus will provide reasonable notice of an indemnified claim and allow reasonable participation in the defence, subject to protection of confidential information and legal strategy.

For an individual public visitor using a free public function in good faith and not acting for an organization, responsibility under this section is limited to losses directly caused by that individual’s intentional unlawful conduct, fraud, malicious activity, knowing infringement, or knowing violation of these Terms, and only to the extent permitted by law.

A separate written agreement controls where it contains a different indemnity.

36. Governing law and disputes

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to rights that cannot lawfully be limited, proceedings relating to these Terms or a website, tool, or service governed by them may be brought in the courts of Ontario.

Before starting formal proceedings, the parties should attempt in good faith to resolve a dispute through written notice and reasonable discussion.

Nothing in these Terms prevents a person from:

seeking urgent injunctive relief;
making a privacy complaint;
contacting a regulator;
reporting unlawful conduct;
exercising a statutory right; or
using another remedy that cannot lawfully be excluded.

Patient-specific medical, record, invoice, receipt, refund, or clinic-fee disputes must be directed to the applicable physician or clinic, not to Dr. Plus through the corporate website.

37. Electronic communications

You agree that Dr. Plus may provide service-related communications electronically where permitted by law.

Communications may include:

account notices;
security notices;
operational notices;
support responses;
privacy notices;
changes to these Terms;
service changes; and
other communications relating to your use.

Smart Hours users are responsible for maintaining access to the email address associated with the Google account.

Electronic delivery is subject to applicable law.

Some formal notices may require another delivery method under a separate agreement or law.

38. Notices to Dr. Plus

General questions about these Terms may be sent to:

Dr. Plus Physician Services Inc.
25-3265 Carding Mill Trail
Oakville, Ontario L6M 5P7
Canada

Email: info@drplus.ca
Telephone: (888) 300-5393

Smart Hours support questions may be sent to:

support@drplus.ca

Privacy questions may be sent to:

privacy@drplus.ca

FHO+ Management inquiries may be sent to:

fho@drplus.ca

An ordinary email to a general or support address may not be sufficient for a formal legal notice where a separate written agreement or applicable law specifies another method.

Do not send patient information, medical records, health card information, passwords, verification codes, or payment-card information by ordinary email.

39. Changes to these Terms

Dr. Plus may update these Terms to reflect changes in:

services;
functionality;
law;
providers;
security practices;
business operations;
risk allocation; or
organizational structure.

The revised Terms will be posted with an updated effective or last-updated date.

Material changes may also be communicated through:

Smart Hours;
email;
a website notice; or
another reasonable method.

Your continued use after revised Terms become effective constitutes acceptance where permitted by law.

If you do not agree with revised Terms, stop using the applicable website, tool, or service and delete your Smart Hours account where applicable.

A change does not retroactively eliminate a right or obligation where doing so is prohibited by law.

40. Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without prior written permission from Dr. Plus.

Dr. Plus may assign or transfer its rights and obligations as part of:

a corporate reorganization;
financing;
merger;
acquisition;
sale of assets;
transfer of a service;
insolvency process; or
similar business transaction,

subject to applicable law and any governing written agreement.

41. Force majeure

Dr. Plus is not responsible for a delay or failure caused by circumstances reasonably beyond its control, including:

natural disaster;
severe weather;
fire;
flood;
epidemic or pandemic;
labour disruption;
civil disturbance;
war or terrorism;
government action;
legal restriction;
utility failure;
telecommunications failure;
Internet disruption;
cloud or identity-provider outage;
cyberattack;
denial-of-service event;
third-party provider failure; or
another comparable event.

Dr. Plus will use reasonable efforts appropriate to the circumstances to restore affected operations.

42. Severability

If a provision of these Terms is found invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

43. No waiver

A failure or delay by Dr. Plus in exercising a right does not waive that right.

A waiver is effective only if expressly made by an authorized representative and applies only to the specific circumstance stated.

44. No third-party beneficiaries

Except where expressly stated, these Terms do not create rights for a person who is not a party to them.

Dr. Plus’s directors, officers, employees, contractors, service providers, licensors, and representatives may rely on provisions that expressly protect them.

45. Relationship of the parties

These Terms do not create:

a partnership;
joint venture;
employment relationship;
agency;
franchise;
fiduciary relationship;
physician-patient relationship;
clinic-patient relationship; or
professional adviser-client relationship.

You may not represent that you have authority to bind Dr. Plus.

46. Order of precedence

Unless a document expressly states otherwise, the following order applies if there is a conflict concerning the same subject matter:

a signed service agreement, statement of work, order form, or schedule with Dr. Plus;
a service-specific active acceptance or just-in-time term;
these Terms;
the Privacy Policy;
general public website descriptions.

The ClinicFees Terms govern ClinicFees.

Google’s terms govern the user’s direct relationship with Google.

A higher-priority document controls only the subject matter it addresses.

47. Entire agreement

These Terms, together with the applicable Privacy Policy and any higher-priority written agreement, form the agreement between you and Dr. Plus concerning the subject matter they govern.

They replace prior discussions or representations concerning that same subject matter, except for fraud or another matter that cannot lawfully be excluded.

48. Interpretation

In these Terms:

headings are for convenience and do not limit meaning;
“including” means “including without limitation”;
the singular includes the plural and vice versa where appropriate;
a reference to a law includes amendments and successor legislation;
a reference to written communication includes electronic communication where permitted;
“user” includes a person accessing a public function and a Smart Hours account holder, as applicable; and
“service” includes a website, account, tool, function, or related offering governed by these Terms.

These Terms should be interpreted fairly and according to their ordinary meaning.

49. Survival

Provisions that by their nature should continue after termination or account deletion remain effective, including provisions concerning:

intellectual property;
user responsibilities;
privacy and retained records;
feedback;
disclaimers;
liability limitations;
indemnity;
dispute resolution;
governing law;
accrued obligations;
interpretation; and
survival.

50. Contact information

General and corporate inquiries