Effective September 05, 2023
Welcome to The Traveling Therapist (the “TTT”) website (the “Site”).
Who is The Traveling Therapist?
TTT is a website service that connects healthcare workers seeking short term contracts with locations where
healthcare services are provided, including but not limited to, therapy clinics, hospitals, long-term care homes,
etc. (the “Clinic”), who are seeking to temporarily fill their staff compliment in order to maintain optimal
staffing and patient care, (the “Services”). TTT acts as a virtual meeting place for the Therapist (as hereinafter
defined) and the Clinic, therefore the actual contract is between the Clinic and the Therapist who wins the bid. A
Therapist is not required to be licensed to use this platform, but it is incumbent on the Therapist and the Clinic
to ensure that, if required by law, the Therapist is so licensed to practice within the jurisdiction within which
their services are being provided. A “Licensed Therapist” is defined as a healthcare worker who is licensed with the
relevant governing body responsible for licensing such a therapist and such therapist is in good standing with the
said governing body, hereby referred to as the “College”. An “Unlicensed Therapist” is defined as a healthcare
worker who is not required to be licensed and or is not regulated by a College within the jurisdiction where they
practice as a therapist. A Licensed Therapist and Unlicensed Therapist will be collectively referred herein as a
“Therapist”.
TTT uses a bidding system, whereby a Clinic in the business of providing healthcare or therapeutic services,
including but not limited to physiotherapy, massage therapy, chiropractic and/or personal support services, would
advertise the need for a Therapist, on the Site. The Clinic may choose, at its own discretion, to set a maximum
reserve price that it is willing to pay the successful Therapist. A Therapist will provide his/her bid based on the
price he or she is prepared to accept the temporary placement for. The successful bidder is the Therapist with the
lowest price bid that is accepted by the Clinic.
By using this website, You are agreeing to comply with and be bound by the following terms of use. Please review the
following terms carefully before registering to participate in the listing or using this Site. It is a condition of
registration and use that You agree and are subject to these terms, (the “Terms”). IF YOU DO NOT AGREE TO ALL THE
TERMS AND CONDITIONS OF USE OF THIS SITE, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND MUST DISCONTINUE USE
IMMEDIATELY.
- Acceptance of Agreement. By clicking “I
Accept”, You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to this
Site. This Agreement constitutes the entire and only agreement between TTT and a
registrant of this Site ("User"), and
supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to this Site, the content, goods and Services provided
by or through this Site, and the subject-matter of this Agreement. Users agree to
review this Agreement prior to obtaining any Services being offered on this Site.
This Agreement may be amended by TTT from time to time without specific advance
notice to you. Your use of this Site will be subject to the most current version of
this Agreement posted on the Site at the time of such use.
- Terms of Use.In registering and participating in the Services, the
Therapist and/or the Clinic (referred herein as “You”) represents and
warranties that You (a) as a Therapist, where applicable is licensed to operate and/or practice in accordance
with the College in the jurisdiction where You operate or will be placed as a temporary Therapist (as the case
might be) and that You are in good standing with the College; (b) are providing true and accurate information to
the User and that such information can be relied on by the User; (c) acknowledge that there is no guarantee that
your bid or offer for a bid (as the case might be) is guaranteed to be successful; (d) acknowledge that TTT has
no control over the results of the bidding process and the extent of its participation is limited to making
commercially reasonable effort to ensure the completion of the Services between the Clinic and the successful
Therapist; (e) acknowledge and agree that an accepted bid is binding upon Clinic and the successful Therapist
and the Clinic shall be responsible for all applicable fees and taxes due and payable for the Services; and (f)
agree and acknowledge that TTT is only responsible for connecting the Clinic with the Therapist and that TTT
cannot guarantee the accuracy, integrity or quality of the information provided by the User, neither can it
confirm a User’s qualification, competency or whether they are in good standing with the College.
- Registration, Password and Security. In order to participate in the use
of the Services on this Site, You will be required to register and pay all required charges, fees and taxes
(where applicable), and complete the registration process by providing true, accurate and complete information
as prompted by the Site’s registration form and ensure that the information provided is accurate at the time
when engaging in the Services.
You will receive a username, password and account designation upon completing the registration process. You
are responsible for maintaining the confidentiality of your username and password and are fully responsible for
all activities that occur under your username and password. The User acknowledges and agrees that TTT grants You
a personal, non-transferable and non-exclusive right and license to use the Services by providing You with a
username and password. Therefore, You agree not provide your login information to any third-party so that the
third-party can gain access to the Services via your login information.
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Purchase Payment.A successful bid is one in which a Clinic has agreed to
accept the price at which a Therapist will engage into a contractual agreement to work with the Clinic. This
accepted price is called the awarded price (“Awarded Price”). The fees charged by TTT are based on the Awarded
Price. The fee starts at a minimum of $300.00 up to a maximum of $5,000.00 plus applicable taxes within the
jurisdiction of placement. TTT reserves the right to change its fees from time to time without notice to its
Users.
We accept the following payment methods: Visa, Mastercard, e-transfers or any other payment method as may be
determined by TTT from time to time. TTT only uses the credit cards on files to process payments for the
Services purchased on this Site by the User. The credit card information is encrypted and stored on our
third-party webserver called ZenPlanner, TTT’s CRM system.
You agree to ensure that your credit card information is up to date and accurate at all times so that your
transaction can be completed in a timely manner. Please be advised that sales tax may be added in accordance
with applicable laws governing the jurisdiction within which it is collected. All payments must be made in
Canadian Dollars.
You further agree to pay all charges at the price quoted on the Site and in accordance with the quoted price for
the Services that might be updated from time to time and You authorize TTT to charge your chosen method of
payment for such amount in accordance with the quoted price for the Services.
TTT, may, in its absolute unfettered discretion refuse any order placed through the Site from a successful
listing, where it appears that the successful bidder or Clinic, as the case may be is: (a) not licensed in the
case of a Licensed Therapist; (b) is a third-party or agent and not an actual Clinic; or (c) is found to have
committed an act of fraud in the bidding process; or any similar circumstance. Upon being made aware, TTT will
within a reasonable period of time directly contact the Therapist or Clinic as the case may be and advise them
of what has occurred. The Clinic will have the option to either (a) be refunded the fee charged for the Awarded
Price with the option to repost their advertisement at no initial cost to the Clinic and the Clinic will be
charged for the next successful bid based on the Awarded Price; or (b) the Clinic may accept the next lowest bid
at which point they will be charge for the difference between the previous bid and the Awarded Price for the
current bid.
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User Conduct. You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the
User from whom such Content originated. Therefore, You and not TTT shall be entirely
responsible and liable for the accuracy and integrity of all Content you provide to
the Site, whether through the registration process, uploaded advertisement, e-mail,
transmit or through any other means, acceptable by TTT and therefore You shall be
liable for any errors or omissions in the Content You provide and for any Claim
arising therefrom as a result of the use of any Content posted, e-mailed,
transmitted or otherwise made available on the Site.
You shall not use the Site in any manner to create, upload, post, or otherwise
transmit any material or information which: (a) is libelous, obscene, violent,
scandalous, discriminatory or defamatory, (b) contains viruses or other
contaminating or destructive features, (c) violates the personal, proprietary, or
intellectual property rights of any third party, or (d) in any other manner
contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other
legal requirements.
- Copyright. The content, organization,
gathering, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and other
proprietary rights (including but not limited to intellectual property). The
copying, redistribution, use or publication by a User of any such content or any
part of the Site, except as allowed by Section 7, is strictly prohibited. The User
does not acquire ownership rights to any content or document obtained through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
- Limited Right to Use. The viewing or
downloading of any information, content, materials, forms or documents from the Site
grants the User only a limited, non-exclusive licence for use solely by the User for
his/her or its own personal use and shall not be provided to any third party. Except
as otherwise indicated elsewhere on this Site, you may view, download and print the
materials available on this Site through your account only provided that: (a) You
are in compliance with the terms of this Agreement, (b) you may not remove any
copyright, trademark or other proprietary notices contained in the document
retrieved, and (c) the rights granted to You constitute a limited license and not a
transfer of title.
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Termination of User Account. The User
acknowledges and agrees that TTT, in its sole discretion, may at any time terminate
your username, password, account (or any part thereof) and use of the Services, and
remove and discard any Content within the Services, for any reason, including,
without limitation, at the end of your subscription period or upon failure to pay
the requisite fees for using the Services, if TTT believes that you have violated or
acted inconsistently with the letter or spirit of the terms of this Agreement, is
not a Licensed Therapist and/or is not in good standing with the College.
TTT may also at its sole discretion and at any time, without notice, discontinue
providing the Services. The limitations and disclaimers of warranties, the indemnity
obligations, and the provisions of governing law, jurisdiction and venue, shall
survive any such termination.
- Editing, Deleting and Modification. TTT
reserves the right at its sole discretion at any time and from time to time, without
notice, to modify, edit, delete or discontinue, temporarily or permanently, the
Services and any documents, information or other content appearing on the Site
whether or not uploaded by the User. The User agrees that TTT and the Indemnified
Party as defined in Section 10, shall not be liable to the User or to any third
party for any modification, suspension, editing, deletion or discontinuance of the
Services.
- Indemnification. THE USER SHALL INDEMNIFY,
DEFEND AND SAVE HARMLESS, TTT, ITS
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS (THE
“INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, COSTS, AND
EXPENSES (“LOSS”) OF ANY KIND WHATSOEVER ARISING FROM ANY CLAIM BROUGHT AGAINST THE
INDEMNIFIED PARTY DUE TO: (a) ANY INACCURATE OR UNTRUE INFORMATION PROVIDED BY THE
USER IN THE REGISTRATION PROCESS OR CONTENT ON THE SITE; (b) ANY VIOLATION BY THE
USER IN THE USE OF THIS SITE; (c) THE USER’S CONDUCT OR MISCONDUCT IN DEALINGS WITH
OTHER USERS OF THE SITE OR THE SERVICES; or (d) THE USER’S VIOLATION OF ANY RIGHTS
OF ANOTHER USER OR THIRD-PARTY.
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Disclaimer. THE USER ACKNOWLEDGES AND AGREES
THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK AND RESPONSIBILITY AND THAT TTT
EXPRESSLY DISCLAIMS ANY AND ALL LIABILITITES AND OR WARRANTIES, RELATING BUT NOT
LIMITED TO: (a) THE ACCURACY OR TRUTH OF THE INFORMATION AND OR CONTENT PROVIDED
HEREIN BY OR ON BEHALF OF THE USER AND WHETHER SUCH CAN BE RELIED ON BY EITHER PARTY
PARTICIPATING IN THE BIDDING PROCESS; (b) THE COMPETENCY, QUALIFICATION, STATUS OF
THE LICENSED THERAPIST OR THE QUALITY OF THE WORK TO BE PROVIDED; (c) THE ABILITY OF
THE CLINIC TO COMPENSATE THE LICENSED THERAPIST FOR THE SERVICE TO BE RENDERED UNDER
THE SUCCESFUL BID; (d) THE SERVICES WILL MEET YOUR REQUIREMENTS; (e) THE SERVICES
AND OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (f) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,
ACCURATE, RELIABLE OR MEET YOUR EXPECTATIONS; (g) THE SERVICES MAY NOT CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS.
TTT SHALL HAVE NO LIABILITY IN THE PROVISION OF THE SERVICES, THE CONTENT OR
INFORMATION PROVIDED BY THE USER. IN PARTICULAR, BUT WITHOUT LIMITATION, THE
INDEMNIFIED PARTY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN TTT AND USER.
While reasonable effort will be made to ensure that all information, content,
documents and materials provided on the Site do not contain computer viruses, TTT
does not warrant that the Site and its server(s) or any third party entity used by
TTT in the provision of the Service are free of computer viruses and other harmful
material or cannot be hacked with malicious viruses and the User should take
reasonable and appropriate precautions to scan to safeguard the information or
Content provided on the Site or while using the Site. All responsibility or
liability for any damages caused by viruses contained within any electronic files
downloaded from the Site or attached to a User’s electronic device in the use of the
Site is disclaimed.
- Use of Information. TTT reserves the right,
and User authorizes TTT, to the use and assignment of all information and Content
provided by the User on the Site in any manner consistent with the TTT’s Privacy
Policy set out in Section 14. below.
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Binding Arbitration. Any dispute arising out
of or in connection with the use of the Services or this Site, including any
question regarding its existence, validity or termination shall be referred to and
resolved by arbitration in accordance with the Arbitration Act of Ontario and in
accordance with the procedures therein. The decision of the arbitrator so appointed
will be binding on all parties to the arbitration and no appeal shall lie therefrom.
The cost of the arbitrator shall be borne equally by all parties. The arbitration
shall be held in Ontario and governed by the Laws of Ontario and Canada.
The parties agree that any arbitration shall be limited to the dispute between
the parties individually. To the extent fully permitted by law: (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority for
any dispute to be arbitrated on a class action basis; and (c ) no authority or right
for any dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
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Privacy Policy. TTT’s Privacy Policy governs
how TTT collects, uses and shares the Personal Data and information provided by
Users on the Site. TTT understands that your privacy is important and is committed
to protecting your Personal Data. Personal
Data means any personal information that identifies or relates to a
particular individual. If you have any questions or concerns about this privacy
notice, or our practices with regards to your personal information, please contact
us at info@travelingtherapist.com.
- What Information do we collect? We collect
personal information you provide to use when You use our Site or register
thereon. Therefore this will include but is not limited to, your name, email
& billing address, date of birth, credit card information which is
encrypted, job titles, usernames, passwords, telephone contact, number of
unique views and total number of visitors. We may collect data necessary to
process your payment for the Services on the Site, such as your payment
instrument number (such as a credit card number, mainly the last 4 digits),
and the security code associated with your payment instrument. All payment
data is stored by ZenPlanner.
- What information is automatically collected?
We automatically collect certain information when you visit, use or navigate
the Site. This information does not reveal your specific identity (like your
name or contact information) but may include device and usage information,
such as your IP address, browser and device characteristics, operating
system, language preferences, referring URLs, device name, country,
location, information about how and when you use our Site and other
technical information. This information is primarily needed to maintain the
security and operation of our Site, and for our internal analytics and
reporting purposes. Like many businesses, we may collect information through
cookies and similar technologies.
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How do we use your Information? We use
Personal Data collected via our Site for a variety of business purposes
described below. We process your Personal Data for these purposes in
reliance on our legitimate business interests, in order to provide the
Services offered, with your consent, and/or for compliance with our legal
obligations. The Personal Data we collect or receive may be used to:
- facilitate the creation and maintenance of your account and log-in
process;
- request feedback through surveys or testimonials;
- maintain the security of our Site;
- enforce our terms, conditions and policies for business purposes, to
comply with legal and regulatory requirements in connection with the
Services provided on the Site;
- fulfill and manage the request for the Services provided herein;
- respond to any User inquiry or offer tech support to Users;
- send update on our Services or Site; or
- advertise new products being offered on the Site.
- Will your information be shared with
third-party? We use third-party entities, contractors,
consultants to support, manage and maintain our Site and Services and for
data storage to enhance our data protection and as such your Personal Data
may not be stored locally but through a third-party web server. Furthermore,
we may be required to disclose your Personal Data to: comply with a judicial
order made by a court of competent jurisdiction; to fulfill the Services
being provided on this Site; where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of our
policies, suspected fraud, situations involving potential threats to the
safety of any person and illegal activities, or as evidence in litigation in
which we are involved or on a merger or acquisition of TTT with another
company.
- Do we use cookies and other tracking
technologies? We may use cookies and other tracking technologies
to collect and store your information. We use cookies and similar tracking
technologies to improve the user experience of the site by remembering specific user
settings and allowing for gathering of analytics. Specific
information about how we use such technologies and how you can refuse
cookies is set out in our Cookie
Notice.
- Is your information transferred
internationally? We are based in Canada however in order to
provide our Services to you, please be aware that your information may be
transferred to, stored, and processed on our behalf by third parties with
whom we may share your personal information and as such your information may
be shared and stored with third parties in the United States.
- How long do we keep your information? We
will only keep your personal information for as long as it is necessary for
the purposes set out in this privacy notice, unless a longer retention
period is required or permitted by law (such as tax, accounting or other
legal requirements). No purpose in this notice will require us keeping your
personal information for longer than twenty-four (24) months past the
termination of the User’s account. When we have no ongoing legitimate
business need to process your personal information, we will either delete or
anonymize such information, or, if this is not possible (for example,
because your personal information has been stored in backup archives), then
we will securely store your personal information and isolate it from any
further processing until deletion is possible.
- How do we safeguard your information? We
have implemented appropriate technical and organizational security measures
designed to protect the security of any personal information we process.
However, despite our safeguards and efforts to secure your information, no
electronic transmission over the Internet or information storage technology
can be guaranteed to be 100% secure, so we cannot promise or guarantee that
hackers, cybercriminals, or other unauthorized third parties will not be
able to defeat our security, and improperly collect, access, steal, or
modify your information. Although we will do our commercially reasonable
best to protect your personal information, transmission of personal
information to and from our Site is at your own risk. You should only access
the Site within a secure environment. TTT will not be responsible for any
damages you or any third party may suffer as a result of the transmission of
confidential information that you view through the Internet, or that you
expressly or implicitly authorize TTT to make, or for any errors or any
changes made to any transmitted information.
- Do we collect Information from Minors? Only
individuals 18 years and older are permitted to use this Site. We do not
knowingly solicit data from or market to children under 18 years of age. By
using this Site, you represent that you are at least 18. If we learn that
personal information from users less than 18 years of age has been
collected, we will deactivate the account and take reasonable measures to
promptly delete such data from our records. If you become aware of any data
we might have collected from a minor, please contact us
at info@travelingtherapist.ca.
- Miscellaneous. This Agreement shall be
treated as though it were executed and performed in Ontario, Canada and shall be
governed by and construed in accordance with the laws of the Province of Ontario
(without regard to conflict of law principles). Any cause of action of User with
respect to this Site (and/or the Services, thereon) must be instituted within ninety
(90) days after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 11 (Disclaimer).
The language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely in Ontario. User expressly
submits to the exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the extent
that anything in or associated with this Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Failure of TTT to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
- Links to our websites. This Site contains
links to other Web sites. We are not responsible for the content, accuracy, or
opinions expressed in such Websites, and such Websites are not investigated,
monitored or checked for accuracy or completeness by TTT. Inclusion of any linked
Website does not imply approval or endorsement of the linked Website by TTT. If you
decide to leave our Site and access these third-party sites, you do so at your own
risk.