Terms of Service
Last updated January 1st, 2025
The Terms of Service contain very important information about the Client’s rights and obligations as well as limitations and exclusions that may apply. Please read them carefully.
AGREEMENT TO OUR LEGAL TERMS
We are The Mental Health Clinic: Coaching and Counselling Corporation, doing business as The Mental Health Clinic (‘Company’, ‘we’, ‘us’, or ‘our’). We operate the website https://www.thementalhealthclinic.ca (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and The Mental Health Clinic, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Legal Terms at any time for any reason. We will alert you about any changes by updating the ‘Last Updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal terms are posted.
The services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parents or guardian to use the services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to suing the Services.
Definitions
The “Provider” is also referred to as Certified Canadian Counsellor (“CCC”), Counselling Therapist (CT), Certified Life Coach (“CLC”); and may use another designation. The appointment with the Provider may be referred to as “Online Session” or “Session.” The services detailed below under the heading Services are provided by Samantha Richard and associates at The Mental Health Clinic and are defined as “Service” or “Services.” The client receiving online Services from a “Provider” is defined as the “Client.” The fee paid for Online Sessions with a Provider is also referred to as “Purchase.”
The Terms of Service (“Terms”) contained herein govern the Client’s relationship with the Provider Samantha Richard or associates at The Mental Health Clinic. Please read these Terms carefully before using the Service. Access to, and use of the Service, is based on the Client’s acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences.
Entire Agreement: These terms and any other legal notices, policies or guidelines of The Mental Health Clinic linked to these Terms of Service or contained on this Site constitute the entire Agreement between you and The Mental Health Clinic relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by The Mental Health Clinic.
SERVICES
The Mental Health Clinic provides online video counselling (videoconferencing) and tele counselling (telephone or audio-only conferencing) for those who are struggling mental health concerns. Clients must be a minimum of 13 years of age with parental consent or 18 years of age without parental consent. The service may include ongoing sessions in the treatment modality best suited for the client as well as referrals to outside sources that may include other health professionals. Treatment plans may be adjusted as needs change.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country, Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsibly for compliance with local laws, is and to the extent local laws are applicable.
Confidentiality – Informed Consent
Services provided are strictly confidential. Personal health information (collection, use and/or disclosure of the Client’s personal health information) will not be released without informed, written consent from the Client except where required by law. It is the Client’s responsibility to choose a private place for online sessions without others present and devoid of distractions and ensure that they are using secure equipment and a secure location.
Exceptions to confidentiality:
Confidentiality on the part of The Mental Health Clinic may be waived (under certain circumstances) wherein the Provider is bound by law to report to legal authorities under the following circumstances:
If the counsellor assesses the need to consult with clinical member (Clinical Supervisor) to provide the best possible care. These consultations are for professional and training purposes and personal health information will not be disclosed to third parties without informed consent from the Client.
The Provider is required by law to report when:
There is a possible risk of harm to the Client or others.
A child may have been harmed in the past, or that a child is at risk of harm in the present or future. In all cases, the Provider has a legal duty to report this.
There is a risk to the country or threat of terrorism.
The Provider is required to defend themselves against a complaint filed.
The Provider is required by a court order (subpoena), issued by a judge, this may require the Provider to release information contained in records and/or testify in a court hearing.
Sharing of Information
If it is decided between the Client and the Provider to share information for reason of referral or consultation, a formal consent form will be completed and signed in advance by the Client. The Client has the right at any time to withhold or revoke consent. The Provider does not provide completion of forms or letters for employers or for court purposes. Advance notice is required for letters of attendance.
Crisis and Emergencies
The service is NOT to be used for crisis or emergencies. When in crisis, contact these services within Canada/United States or call crisis agencies in the Client’s province/state:
https://thelifelinecanada.ca/suicide-prevention-crisis-centre-contact-information/crisis-centres/canadian-crisis-centres/
https://www.pleaselive.org/hotlines/
THIS SERVICE IS NOT FOR CRISIS OR EMERGENCIES.
IF THE CLIENT IS EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR IF THE CLIENT IS PLANNING OR CONSIDERING SUICIDE OR FEEL HE OR SHE IS A DANGER TO THEMSELVES OR OTHERS, THE CLIENT MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM THE PROVIDER MAY DETERMINE THAT THIS SERVICE IS NOT APPROPRIATE FOR THE CLIENT’S CURRENT NEEDS.
Expectations and Demonstration of Mutual Respect
The Client shall not use any mood-altering substance the day of their Online Session. The Provider may cancel the Session if it is suspected that the Client is under the influence of alcohol or a drug which may affect cognition and comprehension. The Provider may cancel the Session if he determines in his discretion the Client’s behaviour and/or conduct in the Online Session is inappropriate.
Availability
The Provider will make every attempt to promptly respond to the needs of the Client during their office hours which are flexible. The Client shall request a day and time for their Online Session based on availability in the online client schedule. The Mental Health Clinic does not provide 24-hour service at this time.
Registration and Assessment
Prior to The Mental Health Clinic providing Services, the Client will complete an online intake form and once completed, it will be sent to the assigned Provider before the first session. By completing the online registration form, the Client is agreeing to comply with and be bound by the Terms.
Length of Treatment
The Provider will create a treatment plan and together with the Client, will determine the length of Service. (See ‘Discharge/ Termination’)
Contact Information
The Client shall ensure at all times that the Provider has current contact information. It is the Client’s responsibility to let the Provider know if there is any reason that the Provider should not leave a message when contacting the Client by phone.
Rescheduling Policy
A minimum of 24 hours’ notice is required to cancel or reschedule the Client’s Online Session without charges. The Client will be charged for the missed Session in its entirety, if there is less than 24 hours notice given by the Client of a need to reschedule an Online Session. There will be no refund if a Client misses or forgets to attend an Online Session.
Discharge/ Termination
Discharge of the Client and termination of the Services will occur when goals are met, or the Client expresses a desire to no longer use the Service. When possible, the discharge plan will involve the Client to determine needs going forward. If there is no contact for a period of 90 days, the Client’s chart will be closed.
Termination or suspension of access to the Service may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, the Client’s right to use the Service will immediately cease. If the Client wishes to terminate the account, the Client shall inform the Provider and discontinue using the Service.
Discharge and termination of Service will occur if there are two (2) consecutive ‘no shows’ or three (3) consecutive cancellations for scheduled appointments.
USE OF THE SITE
The Site may offer counselling and/or coaching sessions, programs or courses online which provide information, guidance and/or self-help. Any and all information posted on the Site is intended to be used for educational purposes. The Mental Health Clinic is not forcing you to take any form of action by providing such information but is simply allowing you to learn about different strategies that may work with consistent effort. You understand that in purchasing these products and perusing through all of the information on the Site, you are doing so at your own risk.
ACCURACY OF INFORMATION
Although The Mental Health Clinic makes a reasonable effort to ensure the accuracy of the information provided, The Mental Health Clinic makes no representations or guarantees as to the accuracy or reliability of such information and makes no commitments or disclaims to update such information.
INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the services (collectively, the ‘Content’). As well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties round the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.
Your Use of Our Service
Subject to your compliance with the Legal Terms, including the PROHIBITED ACTIVITES section below, if we have material on the Site which you can download, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services and,
Download or print a copy of any portion of the Content to which you have properly gained access,
Solely for your personal, non-commercial use transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the materials,
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial),
Transfer the materials to another person or “mirror” the materials on any other server.
Except as set out in this section or elsewhere in our Legal Terms, no part of the services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.
If you wish to make use of the services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@thementalhealthclinic.ca. If we ever grant you the permission to post, reproduce, or publicly display any part of our services or Content, you must identify us as the owners or licensors of the services, Content or Marks and ensure that any copyright or propriety notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Mental Health Clinic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Your Submissions
Please review this section and the ‘PROHIBITED ACTIVTIES’ section carefully prior to suing our Services to understand the
Rights you give us and
Obligations you have when you post or upload content through the services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what your post or upload: By sending us Submission through any part of the Services you:
Confirm that you have read and agree with our ‘PROHIBITED ACTIVITES’ and will not post, send, publish, upload or transmit through the services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading
To the extent permissible by applicable law, waive any and all moral rights to any such Submission.
Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and,
Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submission, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of 1. This section, and 2 any third party’s intellectual property rights or 3. Applicable law.
USER REPRESENTATIONS
By using this Service, you represent and warrant that all information you submit will be:
True, accurate, current and complete.
You will maintain the accuracy of such information and promptly update registration information as necessary.
You have the legal capacity, and you agree to comply with these Legal Terms.
You are not under the age of 13.
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to sue the services.
You will not access the services through automated or non-human means where through a bot, script or otherwise.
You will not sue the services for any illegal or unauthorised purpose.
Your use of the services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to sue the services. You agree to keep your password confidential and will be responsible for all use of your account and password.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
Health Savings Accounts
You agree to provide current, complete, and accurate purchase information for all purchases for the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. There are currently no sales tax charged for counselling services in Alberta. Sales tax will be added to life coaching services and/ or other services as deemed required by law. We may change the prices of Services at any time. All payments shall be in CAD.
You agree to pay all charged at the prices then in effect for your purchases and any applicable fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any purchase. We may, in our sole discretion, limit or cancel sessions purchased per person or per household. These restrictions may include sessions placed by or under the same account, same payment method, or using the same billing address. We reserve the right to limit or prohibit purchases and sessions in our sole judgement.
POLICY
All Service fees are final, and no refund will be issued without management approval.
PROHIBITED ACTIVITES
You many not access or use the services for any purpose other than that for which we make the services available. The Services may not be sued in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to,
Systematically retrieve date or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directly without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the sue of the services and/or the services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false report of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the services.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive sue of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the services or modified, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or message, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the name of another user.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or action information collection or transmission mechanism, including without limitation, clear graphics interchange (gifs), 1x1 pixels, web bugs, cookies, or similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the services.
Harass, annoy, intimidate, or threaten any of our employees or contracted agents engaged in providing any portion of the services to you.
Attempt to bypass any measures of the services designed to prevent or restrict access to the services, or any portion of the Services.
Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
Except permitted by applicable law, decipher, decompile, disassemble, or revere engineer any of the software comprising or in any way making up a part of the services.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that access the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorised use of the Site including collecting names and /or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Site to advertise or offer to sell goods and services.
LINKS TO THIRD PARTY SITES
This Site may contain links to third party websites as well as articles, photographs, text, graphics, designs, music, sound, video, information, applications, software and other content or items belonging or originating from third parties. Such Third-Party Websites and Third Party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the services including content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Parties Websites or Content.. All such linked sites, materials and pages are not under the control of The Mental Health Clinic and The Mental Health Clinic is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any such website. The Mental Health Clinic and owners accept no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of the Site, enable you to connect with your Provider on various platforms, help your Provider offer the easiest services for you and conduct transactions.
SERVICES MANAGEMENT
We reserve the right, but not the obligation to 1. Monitor the Site for violations of these Legal Terms, 2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities, 3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent of technologically feasible) any of your Contributions or any portion thereof, 4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and 5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services may be hosted in Canada and/or the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada and/or the United States, then through your continued use of the Site and Services, you are transferring, and you expressly consent to have your data transferred to another region.
LIABILITY & INDEMNIFICATION
In no event shall The Mental Health Clinic or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on Site, even if The Mental Health Clinic has been notified orally or in writing of the possibility of such damage. The Client agrees to indemnify and hold The Mental Health Clinic harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to the Client’s violation of the Terms.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use these services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRRANT OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU PROVIDED AT ANYTIME, WITHOUT ANY WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Site at anytime for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at anytime. We will not be liable to your or any third party for any modification, price change, suspension or discontinuance of the services.
We cannot guarantee the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Stie and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site or services during any downtime or discontinuance of the Site or Service. Nothing in these Legal terms will be construed to obligate us to maintain and support the Site and Services or supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Canada and/or the United States, The Mental Health Clinic and you irrevocably consent that the courts shall have the exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by the law, 1. No arbitration shall be joined with any other proceeding 2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures, and 3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerns informal negotiation binding arbitration; 1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; 2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and 3. Any claim for injunctive relief. If this provision is found to be illegal enforceable, then neither Party will elect to arbitrate nay Dispute ailing within that portion of this provision found to be illegal or enforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk to the fullest extent permitted by the law, we disclaim all warranties, express or implies, in connection with the services and your use thereof, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the services content or the content of any website or mobile applications linked to the site, and we will assume no liability or responsibility for any 1. Errors, mistake, or inaccuracies of content and material, 2. Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site and services, 3. Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, 4. Any interruption or cessation of transmission to or form the services, 5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party and/or 6. Anyu errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available or offered by a third party through the Site, any hyperlinked website, or any website or application featured in any banner, and we will not be a party or in any way be responsible for monitoring ay transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or contracted agents be liable to you or any third party for any direct or indirect consequential, exemplary, incidental, special, or punitive damages including lost profit, lost revenue, loss of data, or other damages arising from your use of this Site and Servies, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain US state and international laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, and contractors from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of 1. Use of the Site and Services, 2. Breach of these Legal Terms, 3. Any breach of your representations and warranties set forth in these Legal Terms, 4. Your violation of the rights of a third party, including but not limited to intellectual property rights, or 5. Any overt harmful act toward any other user of the Site or Service whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain date that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Services. Although we perform regular routine backups of the data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us from any such loss or corruption of data.
ELECTRONIC COMMUNICATIONS
Visiting the services, sending us emails, and completing online forms all constitute electronic communications. By engaging with these Services, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to your electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
The Mental Health Clinic will use reasonable means to protect the security and confidentiality of electronic information sent and received. However, because of the risks outlined below, the Provider cannot guarantee the security and confidentiality of electronic communications and will not be liable for improper disclosure of confidential information that is not the direct result of intentional misconduct of the Provider. Thus, Clients must consent to the use of electronic communication that may include Client information. When the Client electronically accepts the Terms of Service, consent to the use of electronic communication is included and the Client agrees with the following conditions:
Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
Online services may have a legal right to inspect and keep electronic communications that pass through their system.
Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.
Electronic communications can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of The Mental Health Clinic or the Client.
Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system.
Electronic communications may be disclosed in accordance with a duty to report or a court order.
Videoconferencing may be open to interception due to lack of user end security and use of Wi-Fi. The Mental Health Clinic video conferencing uses encrypted software.
If email or text is used as an e-communication tool, the following are additional risks: Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients; Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.
While The Mental Health Clinic will attempt to review and respond in a timely fashion to the Client’s electronic communication, the Provider cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services will not be used for medical emergencies or other time-sensitive matters.
If the Client’s electronic communication requires or invites a response from the Provider and the Client has not received a response within a reasonable time period, it is the Client’s responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond.
The Client is responsible for following up on the Provider’s electronic communication and for scheduling appointments where warranted.
The Client agrees to inform the Provider in writing of any types of information the Client does not want sent via the Services, in addition to those set out above.
The Provider is not responsible for information loss due to technical failures associated with the Client’s software or internet service provider.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other law in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
Provider-Client Electronic Communication Agreement
To communicate with the Provider providing the Service, the Client must:
Reasonably limit or avoid using an employer’s or other third party’s computer. Inform the Provider of any changes in the Client’s email address, mobile phone number or other account information necessary to communicate via the Services.
If the Services include email, instant messaging and/or text messaging, the following applies: Include in the message’s subject line an appropriate description of the nature of the communication and the Client’s full name in the body of the message. Review all electronic communications to ensure they are clear and that all relevant information is provided before sending to the Provider. Ensure the Provider is aware that you have received an electronic communication from the Provider, such as by a reply message or allowing “read receipts” to be sent. Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords. Withdraw consent only by email or written communication to the Provider.
If the Client requires immediate assistance, or if the Client’s condition appears serious or rapidly worsens, the Client should not rely on the Services. Rather, the Client should call the Client’s doctor’s office or take other measures as appropriate, such as going to the nearest Emergency Department. (See ‘Crisis and Emergencies’)
CLIENT ACKNOWLEDGEMENT AND AGREEMENT
By continuing to use this Site and continuance to engage in Services, the Client acknowledges that he/or she has read and fully understands the Terms of Service and acknowledges to be bound by the provisions herein.