2. Use of Services
You agree that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service. You agree to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging Inkblot’s reputation. You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Platform and Services, including, but not limited to, any content provided by Counsellors. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user or a Counsellor, please contact us at firstname.lastname@example.org.
3. Counselling Services
FOR GREATER CLARITY, INKBLOT IS NOT A PROVIDER OF TELEMEDICINE OR TELEMEDICINE SERVICES. INKBLOT DOES NOT PROVIDE HEALTH CARE SERVICES, MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES, OR ANY OTHER PROFESSIONAL SERVICES. Inkblot is simply a technology service provider that facilitates the Services through the Platform. Your medical care and your mental health care are solely the responsibility of you and your Counsellor(s). While the Platform and the Services may provide access to certain general medical information, the Platform and the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Platform. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.
4. Consent to Counselling and Collection
Use and Disclosure of Personal Information By accessing and using the Platform to receive Services via the use of online communication tools such as secure text and video, you consent to be consulted by one or more Counsellors or Support Staff. Counsellors may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Support Staff only provide Support Services that are informational in nature. You may withdraw your consent to receive Mental Health Services or Support Services at any time by ending your communication with the Counsellor or Support Staff. Neither the Mental Health Services provided by Counsellors nor the Support Services provided by Support Staff are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them. Counsellors will make every effort to keep your personal information private. If you wish to have information released, you will be required to sign a consent form before such information is released. There are some limitations to confidentiality to which you need to be aware. Your counsellor may consult with a supervisor or other professional counsellor in order to give you the best possible service. In the event that a counsellor consults with another counsellor, no identifying information such as name would be released. Counsellors are required by law to release information when the client poses a risk to themselves or others and in cases of abuse to children or the elderly. If the Counsellor receives a court order or subpoena, the Counsellor may be required to release some information. In such a case, the counsellor will consult with other professionals and limit the release to only what is necessary by law. You are encouraged to ask questions of the Counsellors regarding any part of the session that is conducted or recommended to you, all of which should be answered to your satisfaction. If you are not satisfied with the explanation or information provided by the Counsellors regarding any session that is conducted or recommended for you, you should not continue it or you should seek a second opinion from a health professional that is not affiliated with Inkblot. You have the right to refuse or withdraw consent at any time. In addition to the material risks that may be associated with a counselling session, there are potential material risks that are specifically associated with using online communication tools and which may adversely impact the ability of the Counsellors and Support Staff to provide Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Counsellors to appropriately conduct the session or otherwise obtain sufficient personal information from you to properly conduct the session, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in judgment errors, and (d) unauthorized collection, use or disclosure of your personal information due to a security protocol breach or failure.
6. User Account
7. Term and Termination
8. Cancellation and Refund Policy
By booking a session through the Platform, you agree that you will be responsible for the full cost amount of any missed session as described in our cancellation policy. We require at least twenty-four (24) hours notice prior to cancelling your appointment, or it will be considered a late cancellation. You will lose the cost of the full session every time you cancel late or miss a session. If the Counsellor is more than 15 minutes late for a session, you have the right to request a full refund for the scheduled service. You agree that such refund will only occur if you terminate the session and that by proceeding with a late session you agree to forego any refund. In the event of an emergency requiring late cancellation of an appointment, please email us at email@example.com with the subject “Emergency Cancellation”.
9. Fees and Taxes
13. No Unlawful or Prohibited Use
You will not, without Inkblot’s prior written permission, use the Platform, the Services and/or the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) frame, mirror or otherwise incorporate the Platform, the Services and the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor, record or copy any part of the Platform, the Services and the Content including, but not limited to, any sessions with Counsellors, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Platform, the Services and the Content or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Inkblot’s sole and absolute discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform, the Services and the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, the Services and the Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform, the Services and the Content; (8) use the Platform, the Services and the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Inkblot and only in the exact manner specified and enabled by Inkblot; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform, the Services and the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform, the Services and the Content; (11) create derivative works based on the Platform, the Services and the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use the Platform, the Services and the Content in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User the Platform, the Services, the Content or Feedback that violate such third-party rights; (13) upload to or transmit through the Platform any User Content or Feedback that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Inkblot in its sole discretion; (14) use any recording device or software when using the Platform, the Services and the Content; and (15) attempt to impose any charges associated with bandwidth or data in using the Platform, the Services and the Content onto Inkblot. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Inkblot. To obtain written consent for such reproduction, please contact us at firstname.lastname@example.org.
14. Third Party Websites
The Platform may provide links to third party websites. Inkblot does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Inkblot’s control, and if you choose to access any such web site, you do so entirely at your own risk. By accessing and using the Platform, the Services and the Content, you expressly release and discharge us from any and all liability arising from your use of any third party website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Platform or any services obtained through the Platform or to your downloading of any material posted on the Platform, or any website linked to it. Your use of the Platform, its content and any services obtained through the Platform is at your own risk. The Platform, its content and any services obtained through the Platform are provided by Inkblot on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Inkblot nor any person associated with Inkblot makes any warranties, guarantees or representations with respect to the completeness, security, reliability, timeliness, quality, suitability, accuracy or availability of the Platform, the Services and the Content.
17. Disclaimer and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE platform, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS entirely AT YOUR OWN RISK. INKBLOT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform). THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform) MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAtiON, PRICING ERRORS. INKBLOT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform). IN ADDITION, INKBLOT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM. INKBLOT MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INKBLOT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform), WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform) ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL INKBLOT BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT INKBLOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM, THE CONTENT or the services (including, for greater certainty, any MENTAL HEALTH services provided by counsellors via the platform).
You acknowledge and agree that Inkblot is not licensed to provide treatment or other medical services. You acknowledge and agree that Inkblot is not providing any services beyond connecting you with a Counsellor through the Platform and is not providing you any medical advice or diagnosis. The Platform and/or the Services provided through the Platform and Counsellors is not a substitute for medical advice or treatment, including face-to-face counselling. You acknowledges and agree that the Counsellors using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all counselling services, advice, instructions, treatment decisions, and other professional mental health care services performed, and that all other professional mental health care services will be provided and performed exclusively by or under the supervision of Counsellors, in their sole discretion, as they deem appropriate. Any dispute between you and a Counsellor is strictly between you and such Counsellor, and you agree and acknowledge that Inkblot will not be accountable for any such disputes or other complaints. You agree that while Inkblot does not monitor the Platform and has no responsibility to do so, Inkblot may use your IP address and contact police in situations where it determines in its sole discretion that your use of the Platform constitutes a significant risk of serious bodily harm to you or others.
You hereby release Inkblot, its officers, employees, shareholders, agents and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Inkblot users, Counsellors, or third-party websites.
20. Geographic Application of the Platform
Not all of the products and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Platform or the Services available through the Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
21. Governing Law and Jurisdiction