PRACERA Terms of Service

PRACERA is a Canadian careers marketplace connecting allied health practitioners with private-practice clinics.

PRACERA provides technology that may allow users to:

• create practitioner or clinic profiles;
• publish and discover professional opportunities;
• save opportunities;
• submit and manage applications;
• upload résumés and application materials;
• discover eligible professional profiles;
• communicate through PRACERA;
• manage recruitment activity; and
• use other professional marketplace features.

PRACERA provides the marketplace and technology through which users can discover and communicate with one another.

PRACERA is not, unless expressly stated otherwise:

• an employer or prospective employer of practitioners using the Platform;
• an employee or contractor of a clinic;
• a recruitment or staffing agency acting on behalf of either party;
• an employment agency;
• an agent, partner or representative of a practitioner or clinic;
• a healthcare provider;
• a regulatory college;
• a professional association;
• a credentialing organization; or
• a party to any employment, contractor, associate, percentage-split, rental, partnership or other professional arrangement ultimately entered into between users.

Clinics and practitioners make their own independent decisions about whether to communicate, interview, negotiate or enter into a professional relationship.

You must be legally capable of entering into a binding agreement to create and use a PRACERA account.

You must provide accurate, current and complete information when creating and maintaining an account.

PRACERA may restrict particular features based on account type, subscription status, professional category, location, eligibility or other legitimate Platform requirements.

PRACERA currently supports Practitioner accounts and Clinic Owner accounts.

Practitioner Accounts

Practitioner accounts are intended for allied health practitioners seeking, considering or exploring professional opportunities.

Depending on available features, practitioners may be able to:

• create and maintain a professional profile;
• browse opportunities;
• save opportunities;
• apply to opportunities;
• upload a résumé;
• upload an optional cover letter;
• communicate with clinics through PRACERA;
• make their professional profile discoverable to eligible clinic accounts;
• indicate that they are open to opportunities; and
• indicate relocation preferences.

Clinic Owner Accounts

Clinic Owner accounts are intended for eligible private-practice clinics and similar organizations seeking practitioners.

Depending on subscription level and available features, Clinic Owners may be able to:

• create and maintain a Clinic Profile;
• publish opportunities;
• manage opportunities;
• receive and review applications;
• access eligible practitioner profiles;
• contact practitioners through PRACERA; and
• use other recruitment and marketplace tools.

Users must not intentionally register under a false account type to obtain access to information or functionality they would not otherwise be permitted to access.

You are responsible for maintaining the confidentiality and security of your login credentials.

You are responsible for activity occurring through your account unless otherwise required by applicable law.

You must notify PRACERA promptly if you reasonably believe that your account has been accessed or used without authorization.

You must not share credentials or otherwise circumvent PRACERA's permissions, subscription requirements, security measures or account restrictions.

Practitioners are responsible for ensuring that information they provide through PRACERA is accurate, current and not materially misleading.

This includes information concerning:

• identity;
• profession or discipline;
• education;
• professional experience;
• registration;
• professional standing;
• areas of focus;
• availability;
• geographic location;
• relocation preferences;
• résumé;
• cover letter;
• applications; and
• other professional information.

A practitioner must not intentionally misrepresent professional qualifications, registration, credentials, experience or standing.

PRACERA may require practitioners to confirm:

“I confirm that I am currently registered and in good standing with the applicable regulatory college or professional body in the province or territory where I practise.”

This confirmation is an attestation made by the practitioner.

It is not independent verification, certification, approval or endorsement by PRACERA.

PRACERA may indicate to an eligible Clinic Owner that:

“Registration & good standing confirmed by practitioner”

or, in connection with an application:

“Registration & good standing confirmed by applicant.”

These statements mean only that the practitioner has made the required attestation.

They must not be interpreted as meaning that PRACERA independently verified the practitioner's credentials.

Clinics remain responsible for conducting their own due diligence before interviewing, engaging, hiring, contracting with or otherwise establishing a professional relationship with a practitioner.

Depending on the profession and circumstances, clinics may need to independently confirm:

• identity;
• professional registration;
• good standing;
• education;
• certifications;
• professional liability insurance;
• references;
• work authorization;
• professional history;
• business licensing;
• background information; and
• other regulatory or organizational requirements.

PRACERA does not guarantee a practitioner's qualifications, credentials, registration status, suitability, experience or professional standing.

Clinic Owners must ensure that Clinic Profiles, opportunity postings and other information supplied to PRACERA are accurate and not materially misleading.

A person creating or administering a Clinic Owner account must have appropriate authority to represent the clinic or organization.

Clinics must not impersonate another business or misrepresent their identity, location, services or opportunities.

Opportunities published through PRACERA must represent genuine professional opportunities.

Opportunity postings must not be false, fraudulent, materially misleading, deceptive or unlawful.

Clinics are responsible for the accuracy of their postings and for complying with applicable employment, human-rights, professional and other legal obligations.

PRACERA may establish reasonable formatting, quality and marketplace standards for opportunity listings.

PRACERA is designed to provide a fair and useful marketplace.

Clinics must not flood search results or obtain disproportionate visibility by publishing multiple substantially identical opportunities.

Unless PRACERA expressly permits otherwise, a clinic may maintain only one active opportunity for the same profession or discipline at the same clinic location where the postings represent substantially the same opportunity.

If a clinic needs multiple practitioners for the same opportunity, the clinic should use the number of practitioners needed feature rather than publishing duplicate listings.

A clinic may create separate opportunities where there is a legitimate material distinction, including a different clinic location or genuinely different role.

Users must not attempt to circumvent this rule by:

• making insignificant wording changes;
• slightly altering titles;
• repeatedly closing and recreating substantially identical opportunities;
• creating duplicate accounts;
• manipulating locations;
• or using other methods intended to dominate search results.

PRACERA may determine whether postings are duplicate, repetitive, misleading or constitute marketplace flooding.

PRACERA may reject, pause, close, consolidate or remove such postings.

Repeated or deliberate attempts to manipulate or flood the marketplace may result in account restrictions, suspension or termination.

Practitioners may submit applications to opportunities through PRACERA.

PRACERA may require a résumé before an application can be submitted.

A cover letter may be optional unless otherwise clearly stated.

Practitioners are responsible for ensuring that their application materials are accurate and appropriate.

Submitting an application does not guarantee:

• review by the clinic;
• a response;
• an interview;
• continued availability of the opportunity;
• an offer;
• employment;
• a contractor relationship; or
• any other professional outcome.

Clinics remain solely responsible for their recruitment and selection decisions.

PRACERA may allow practitioners to determine whether their professional profile can be discovered by eligible Clinic Owner accounts through Find Practitioners.

When profile visibility is disabled, the practitioner profile will not be intentionally displayed through Find Practitioners, subject to technical, administrative and legal requirements.

Disabling profile visibility does not delete:

• the practitioner's account;
• previous applications;
• information already supplied through an application;
• saved opportunities;
• previous messages; or
• information PRACERA is reasonably or legally required to retain.

Practitioner profiles made visible to eligible clinics are intended for use within PRACERA and are not intended to be publicly searchable internet profiles unless PRACERA expressly states otherwise.

PRACERA may provide internal communication tools allowing clinics and practitioners to communicate through the Platform.

Private account email addresses and other private account information are not intended to be automatically disclosed through these communications.

Users must communicate professionally and lawfully.

Users must not use PRACERA to send or distribute:

• spam;
• harassment;
• threats;
• abusive communications;
• discriminatory content;
• fraudulent communications;
• malicious links or files;
• unlawful solicitations; or
• communications unrelated to legitimate PRACERA marketplace activity.

PRACERA may restrict messaging functionality where reasonably necessary to protect users, enforce these Terms or maintain Platform integrity.

Certain Clinic Owner functionality requires a paid subscription.

Current subscription plans may include:

Essential — $99 CAD/month Allows up to 1 active opportunity.

Growth — $189 CAD/month Allows up to 3 active opportunities.

Unlimited — $349 CAD/month Allows unlimited active opportunities, subject at all times to PRACERA's duplicate-listing, marketplace-quality and anti-flooding rules.

Applicable sales taxes are additional where required by law.

A subscription does not guarantee:

• applicants;
• practitioner responses;
• profile views;
• interviews;
• hires;
• placement;
• recruitment success; or
• any particular marketplace outcome.

PRACERA may change subscription pricing, plan features or plan limits prospectively.

Where required, existing subscribers will receive reasonable notice before a change affecting future billing takes effect.

A pricing change will not retroactively alter a completed paid billing period.

PRACERA may offer a Featured subscription enhancement.

Current Featured pricing may include:

• Essential: $25 CAD/month;
• Growth: $20 CAD/month; and
• Unlimited: Featured functionality included.

Applicable taxes are additional where required.

Featured is a plan-level monthly add-on, not a separate fee for every opportunity.

Where a plan permits multiple eligible active opportunities, the Featured add-on applies according to the features associated with that plan.

Featured provides enhanced visibility or placement opportunities.

Featured does not guarantee:

• permanent first position;
• continuous top placement;
• a specific number of impressions;
• applications;
• responses;
• interviews; or
• hires.

Where multiple Featured opportunities are eligible for enhanced placement, PRACERA may use fair rotation or another reasonable placement method.

Paid Clinic Owner subscriptions are recurring monthly subscriptions unless expressly stated otherwise.

By purchasing a subscription, you authorize PRACERA and its payment processor to charge the applicable subscription price, selected add-ons, applicable taxes and other expressly authorized amounts to the payment method provided.

Subscriptions automatically renew on their applicable renewal date unless cancelled before the next renewal.

Billing periods are based on the actual subscription start or renewal date and are not necessarily calendar months.

For example, a subscription beginning on September 15 would ordinarily renew on October 15 unless cancelled before renewal.

Before completing a paid subscription, PRACERA will display the applicable price and recurring-billing information.

Prices are stated in Canadian dollars unless otherwise indicated.

Applicable federal, provincial or other sales taxes will be added where required by law.

Where applicable, receipts and invoices should identify:

• subtotal;
• applicable tax; and
• total charged.

A Clinic Owner may upgrade to a higher subscription plan where available.

Upgrades may take effect immediately.

Where supported by the applicable payment processor, the unused value of the existing subscription may be credited toward the upgraded plan and the subscriber may be charged the prorated difference for the remainder of the billing period.

The full recurring price of the upgraded plan will then apply beginning on the next regular renewal date unless otherwise disclosed.

PRACERA will not intentionally create overlapping subscriptions for the same account during an upgrade.

Actual charges, credits, taxes, payment status and billing dates will be determined by PRACERA's live payment system and applicable payment processor.

Unless expressly stated otherwise, a downgrade takes effect at the end of the current paid billing period.

The subscriber retains the benefits of the current paid plan until the applicable paid-through date.

A downgrade does not normally result in a prorated refund for the remaining portion of the current paid period.

If the Clinic Owner has more active opportunities than the new plan allows, the Clinic Owner may be required to select which opportunities remain active before the downgrade takes effect.

PRACERA will not intentionally delete an opportunity solely because of a downgrade.

An opportunity may instead be paused or made inactive.

Clinic Owners may cancel a subscription using available Account controls or another cancellation method provided by PRACERA.

Cancellation prevents the next automatic renewal.

Unless otherwise required by law or expressly stated by PRACERA, cancellation does not immediately terminate access already paid for.

The Clinic Owner ordinarily retains subscription access through the end of the current paid billing period.

For example, if a subscription runs from September 15 through October 14 and would renew on October 15, cancellation on October 9 prevents the October 15 renewal while paid access ordinarily continues through October 14.

Where supported, a Clinic Owner may reverse a scheduled cancellation before the paid subscription expires.

Except where required by applicable law or expressly agreed to by PRACERA, subscription and add-on charges already paid are non-refundable.

Voluntary cancellation before the end of a paid billing period does not normally result in a prorated refund or credit for unused days.

Nothing in this provision limits a consumer or subscriber right that cannot legally be excluded.

When a paid Clinic Owner subscription expires:

• the Clinic Owner account may remain accessible;
• the Clinic Profile may remain intact;
• existing opportunities are not automatically deleted solely because the subscription expired;
• billing history and receipts may remain accessible;
• the Clinic Owner may resubscribe; and
• functionality requiring an active paid subscription becomes unavailable.

Opportunities that cannot remain active without a subscription may be paused or made inactive rather than deleted.

Without the required active subscription, a Clinic Owner may not create, publish, republish or reactivate paid opportunities.

PRACERA may use a third-party payment processor to process subscriptions and other authorized payments.

Complete payment-card information may be handled directly by the payment processor rather than stored by PRACERA.

Payment processing may also be subject to applicable terms and privacy practices of the payment processor.

PRACERA may provide Test or Preview functionality while features are being developed, demonstrated or evaluated.

Transactions, subscription states, payment methods, receipts, invoices, tax calculations and other information clearly marked TEST, PREVIEW, DEMO or similar are not actual financial transactions.

Test information must not be relied upon as evidence that money was paid, charged, refunded or collected.

You must not use PRACERA to:

• violate applicable law;
• impersonate another person, practitioner, clinic or organization;
• provide materially false information;
• misrepresent professional credentials;
• publish fraudulent opportunities;
• unlawfully discriminate;
• harass, threaten or abuse another user;
• distribute spam;
• scrape or systematically extract Platform data without authorization;
• harvest practitioner information;
• misuse résumés or application materials;
• sell or redistribute information obtained through PRACERA without authorization;
• upload malicious software or code;
• interfere with Platform security;
• attempt unauthorized access;
• circumvent subscription restrictions;
• circumvent practitioner privacy or visibility controls;
• create accounts to evade restrictions;
• manipulate marketplace rankings;
• flood the marketplace with duplicate opportunities;
• misuse another person's personal information; or
• encourage another person to engage in prohibited activity.

PRACERA may monitor, investigate or review suspected misuse of the Platform where reasonably appropriate.

PRACERA may:

• request additional information;
• reject content;
• remove inappropriate content;
• pause or close an opportunity;
• remove duplicate opportunities;
• restrict functionality;
• restrict messaging;
• restrict marketplace visibility;
• suspend an account;
• terminate an account; or
• take other reasonable measures necessary to protect users, PRACERA or the integrity of the marketplace.

PRACERA may act without advance notice where reasonably necessary to address fraud, serious misconduct, unlawful activity, security risks, privacy risks, marketplace manipulation or other material risks.

Subject to applicable law, PRACERA may suspend or terminate an account where a user:

• materially or repeatedly breaches these Terms;
• supplies fraudulent or materially misleading information;
• misrepresents professional credentials;
• falsely represents a clinic or organization;
• posts fraudulent opportunities;
• engages in harassment or serious misconduct;
• uses the Platform unlawfully;
• compromises or attempts to compromise Platform security;
• misuses personal information;
• repeatedly creates duplicate or flooding listings;
• attempts to circumvent subscription restrictions;
• fails to pay properly due amounts;
• creates accounts to evade a previous restriction or suspension;
• abuses Platform functionality; or
• otherwise creates a material risk to users, PRACERA or marketplace integrity.

PRACERA may also remove or restrict specific content without terminating the entire account where that response is more appropriate.

Termination does not eliminate obligations or liabilities arising before termination.

Any entitlement to a refund following termination will be determined in accordance with these Terms and applicable law.

Users retain ownership of content they submit to PRACERA, subject to the rights necessary for PRACERA to provide the Platform.

By submitting content, you grant PRACERA a non-exclusive licence to host, store, reproduce, format, display, transmit and otherwise process that content as reasonably necessary to:

• operate PRACERA;
• provide requested functionality;
• display profiles and opportunities according to applicable settings;
• process applications;
• facilitate communications;
• maintain security;
• administer the Platform; and
• fulfil purposes described in the Privacy Policy.

You represent that you have the necessary rights to submit content provided through your account.

The PRACERA name, logo, emblem, branding, Platform design, software, graphics, text and other proprietary materials are owned by or licensed for use by PRACERA and are protected by applicable intellectual-property laws.

Except where expressly permitted, users may not reproduce, modify, distribute, sell, license or commercially exploit PRACERA proprietary materials without authorization.

PRACERA does not guarantee:

• availability of any particular opportunity;
• accuracy of every user-provided statement;
• a minimum number of practitioners;
• a minimum number of clinics;
• applications;
• responses;
• interviews;
• offers;
• hires;
• employment;
• contractor arrangements;
• revenue;
• professional success; or
• compatibility between users.

Users remain responsible for their own professional and business decisions.

PRACERA provides a professional marketplace and related technology.

PRACERA does not provide legal, tax, accounting, regulatory, employment, healthcare or professional advice through the Platform.

Users should obtain appropriate independent professional advice when necessary.

PRACERA may rely on third-party providers for functionality such as:

• hosting;
• infrastructure;
• authentication;
• file storage;
• analytics;
• communications;
• payment processing;
• security; and
• other technical services.

Use of third-party services may be subject to their own terms and privacy practices.

PRACERA aims to provide a reliable Platform but does not guarantee uninterrupted, continuous or error-free operation.

Features may occasionally be unavailable because of maintenance, technical problems, security measures, third-party outages or circumstances outside PRACERA's reasonable control.

To the maximum extent permitted by applicable law, PRACERA is provided on an “as available” basis.

PRACERA does not independently guarantee the identity, conduct, credentials, suitability, reliability or accuracy of every practitioner, clinic, opportunity or item of user-submitted information.

Nothing in these Terms excludes warranties, guarantees or rights that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, PRACERA will not be liable for indirect, incidental, special, consequential or punitive damages arising from use of the Platform, loss of opportunities, user conduct, recruitment decisions or relationships formed between users.

Nothing in these Terms excludes or limits liability where doing so is prohibited by applicable law.

To the extent permitted by law, users agree to indemnify and hold PRACERA harmless from claims, losses, liabilities and reasonable costs arising from:

• the user's unlawful use of PRACERA;
• a material breach of these Terms;
• infringement of another person's rights;
• misuse of personal information; or
• content submitted by the user.

PRACERA's handling of personal information is described in the PRACERA Privacy Policy.

The Privacy Policy should be read together with these Terms.

PRACERA may update these Terms as the Platform, business, features or legal requirements evolve.

The Last Updated date will identify the latest version.

Where a change is material, PRACERA may provide additional notice or require users to accept an updated version before continuing to use affected functionality.

Where required by law, additional consent will be obtained.

These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada.

Subject to applicable law, disputes relating to PRACERA or these Terms will be brought before a court of competent jurisdiction in British Columbia.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Failure by PRACERA to enforce a provision of these Terms does not waive PRACERA's right to enforce that provision later.

These Terms, the Privacy Policy, and any additional terms expressly presented for a particular PRACERA service constitute the applicable agreement concerning use of the Platform.

Questions concerning these Terms may be directed to:

PRACERA British Columbia, Canada Email: contact@pracera.ca