PLEASE READ THE FOLLOWING CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OFTHE SERVICE AND OTHER SERVICES MADE AVAILABLE THROUGH THE SERVICE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Welcome to Counslink! The website(s) including the domain and subdomains of https://www.Counslink.com(the
“Site”) referencing this Counslink Terms of Use (the
“Terms ofUse”) are owned and operated by Counslink Inc. (
“Counslink”,
“we”or
“us”). These Terms of Use set out important information regarding the terms and conditions of your access and use of the Site and the features and functionality of the Counslink services described below (together with the Site, the
“Services”). These Terms of Use form an agreement between Counslink and you. The terms
“you”,
“your” or
“User” refers to the person browsing, accessing or otherwise using the Services (
“use” or
“using”in these Terms of Use will mean any of the foregoing). If you execute an electronic or paper order form (
“Order Form”) with us to purchaseServices, the Order Form also forms part of this Agreement and the term
“Customer”shall refer to the person executing the Order Form with Counslink.If you do not agree to be bound by these Terms of Use,
do not access the Site or use the Services.In some instances, both these Terms of Use and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services, including a Business Associate Agreement (in each such instance, and collectively, “Additional Terms”). These Terms of Use do not alter in any way the Additional Terms you may have or will have with Counslink.To the extent that there is any conflict between these Terms and any AdditionalTerms or other agreements you have with Counslink, those other Additional Terms or agreements will govern. By using the Site or the Services, you further acknowledge and accept the Counslink’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.
Eligibility to use the website and the services
You must be at least 18 years of age to use the Services without supervision. If you are between the ages of 16 and 18, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under theseTerms, you must not use the Services. Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you are agreeing and stating that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are only available toMental Healthcare Professionals or Users residing in Canada.
Crises and emergencies
IFYOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR PLANNING OR CONSIDERING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR OTHERS, YOU MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM.
Do not use Counslink’s Website or Services during crises. When in crisis, you should contact the following services or seek the services and advice of the
Canadian Mental Health Association or other crisis agencies:
Canadian Crisis Centres
Find your local CMHA Toronto Distress Centre: 416-408-HELP (4357)
Toronto Gerstein Centre: (416) 929-5200
Right to modify
Counslink reserves the right, at its sole discretion, to modify these Terms, the PrivacyPolicy, the Website, or any Services at any time and without prior notice. If we modify these Terms, we will update the “Last Updated” date at the top of these Terms. As ourService evolves, the terms and conditions under which we offer the Service may prospectively be modified and we may cease offering the Service under the Terms or Additional Terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use the Service you are entering into a new agreement with us. You are responsible for regularly reviewing these Terms. By continuing to access or use the Website orServices after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.
Disclaimer of liability
Counslink’s services are offered for informational and scheduling purposes only, and are not intended to be medical advice or medical care, or a substitute for medical advice, diagnosis or treatment. Counslink does not offer or give therapy or medical advice, or provide therapy, medical or diagnostic services. any therapy services obtained by you through our website will be made at such user’s own risk. Mental healthcare professionals are solely responsible for their interactions with you and for any and all claims, injuries, illnesses, damages, liabilities and costs(“claims”) suffered by you as a result of your interaction with or visit to any such mental healthcare professional. you agree not to impose or attempt to impose liability on or seek any legal remedy from counslink with respect to any and all such claims. No licensed medical professional/patient relationship is created by using information provided by or through the use of the services. Counslink is not responsible for any content posted to the website by a health care professional or a user, or any information or content communicated between a health care professional and a user using the website. Any and all health care or therapy related services obtained by a user through the website shall be obtained at the user’s own risk. You agree and acknowledge that the Services do not replace an in-person session with a licensed qualified professional. You should never rely on or make health or well-being decisions solely on use of this Website. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you received through the Website. Users should exercise a high level of care and caution in the use of the Website. Counslink does not guarantee the authenticity or accuracy of any information provided on the Website, including information regarding the qualifications of MentalHealthcare Providers, including their degrees, licenses, certifications, credentials, or background, although it makes every effort to do so. We do not recommend or endorse any Mental Healthcare Professional, nor do we make any representation or warranty with respect to the quality of the services they may provide. We have no control over and cannot guarantee the availability of any MentalHealthcare Professional at any particular time or guarantee a particular MentalHealthcare Professional’s office hour. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. We are not responsible for the functionality of a Mental Healthcare Professional’s website, or a Mental Healthcare Professional’s availability to respond to any form of communication, including, without limitation, email messages and phone messages. Users should investigate Mental Healthcare Professionals thoroughly before contacting them, by reviewing public listing register for the applicable licensing authorities (click here to access websites for the CRPO, OCSWSSW, and CPO) to verify listed credentials, education, and insurance coverage, and to further verify information about a particular MentalHealthcare Professional. Users hereby acknowledge and agree that the ultimate decision to engage the services of a Mental Healthcare Professional remains solely with the User despite the User’s use of the Services, and each User hereby agrees to assume any risk inherent in utilising the Services and/or deciding to actually engage, and use the services of, any Mental HealthcareProfessional listed on our Website.
Registration and passwords
Users and Mental Healthcare Professionals are required to complete an online registration form or enter information into data fields to access certain portions of the Website. In exchange for Counslink granting you access to these portions of the Website, you agree to provide true, current, complete, and accurate information when we require such information. You also agree to update this information as soon as possible if such information changes.
Privacy
We only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. You represent and warrant to us that any data, information, records and files that you load, transmit to or enter into the Site will only contain Personal Information, as defined in thePrivacy Policy, in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services. You agree that you may be required to enter into supplemental agreements for the protection of personal health information, including our Business Associate Agreement as well as any other applicable Additional Terms.
Electronic andTelephonic Communications.
1.
Communications Generally. When you visit the Site or send emails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us and/or our partners electronically.We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The use of the term “partner” is not intended to indicate that the “partners” are in a legal partnership with Counslink. Rather, the term is used in a marketing sense to show participation by the other parties involved in the Counslink products and services.
2.
Email Communications. By creating an account on the Site, you acknowledge and agree that Counslink will send service-related emails relating to your account, including service updates, appointment reminders and booking confirmations. If you are a member of the Counslink mailing list you will also receive email communications from us regarding our products, services and initiatives(including collaborations and partnerships).
Website access and profiles
Users and Mental Healthcare Professionals may voluntarily submit information about such User or Mental Healthcare Professional, as provided through forms, messages or profiles, including, without limitation, certain information that personally identifies the individual, as further described in the PrivacyPolicy (“Personal Information”).If you are a User, you may engage with the Website without providing PersonalInformation. However, if you would like to send a message to, or book a consultation with, a Mental Healthcare Professional on the Website, you may be asked for Personal Information such as your first and last name, email address, phone number, and other information of your choice, which information shall be disclosed only to Counslink and the Mental Healthcare Professional who you choose to contact. By booking a consultation or sending a message through Counslink’s forms or features, you understand that your message may be sent by email, which is not a secure means of communication. If you are a Mental Healthcare Professional, you agree to work with Counslink to create an online profile (each a “Profile”). Mental Healthcare Professionals will provide Counslink with information such as his or her name, educational background, and professional statement, and he or she will create a Profile on the Website and update information on the Profile as requested. Profiles will be made publicly available via the Website.
Mental healthcare professional eligibility requirements
By using the Website for the purposes of providing Services, you represent and warrant that:
1. All registration information you submit (including but not limited to your licence information) is accurate and truthful and you will maintain the accuracy of such information;
2. You are, and will be at any time that you use the Services, permitted to provide health care services, a member and in good standing with the regulatory college or board of your jurisdiction, and shall meet all other legal requirements to provide health care services to Users in the locations where you provide such services;
3. There are no pending investigations, actions or other proceedings, in any jurisdiction, against you, or against any health profession corporation of which you are a shareholder, in which claims are made that you have made errors or omissions or that otherwise relate to, or arise from the performance of, your duties as a regulated professional;
4. No judgments have been rendered against you, in any court of competent jurisdiction or arbitral tribunal in any jurisdiction in any proceeding related to, or arising from, the performance of your duties as a regulated professional;
5. There are no pending or actual referrals, inquiries, complaints or investigations against you, before your regulatory college or any other medical governing body;
6. No committee or body of any medical governing body having similar authority nor any court has ever made a finding of professional misconduct or incompetence against you, nor revoked or suspended your certificate of registration or licence to provide health care services or the certificate of authorisation of any health profession corporation of which you are shareholder; and
7. You have no criminal record for which a pardon or expungement order has not been granted and you are not under any criminal investigation, proceeding or charge in any jurisdiction.
Your profile may be removed, and your participation may be terminated without warning if Counslink believes that you are in breach of any of the foregoing representations and warranties. You agree to immediately inform Counslink in writing of any change in any of the representations and warranties set forth above, and to immediately stop using the Website and Services until you are re-authorised by Counslink in writing to resume use of the Website and Services.
Content standards
These content standards apply to all information and content publicly posted or uploaded by a User or Health Care Professional to the Website (collectively,“Content”), including personal information, feedback, and reviews. All such content must fully comply with all applicable federal, provincial, municipal and international laws and regulations. Additionally, without limiting the foregoing, such content must not:
1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy;
5. Be likely to deceive any person;
6. Promote any illegal activity, or advocate, promote or assist any unlawful act;
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation;
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Licenses granted
When you submit or upload Content to the Website, you grant Counslink an irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to use, view, copy, adapt, modify, distribute, licence, transfer, or otherwise access such Content. Counslink represents and warrants that all collection, use, and disclosure of Content under such licence will be affected in accordance with the Privacy Policy and Canadian privacy legislation. If you comply with these Terms, Counslink grants you a personal, revocable, limited, non-exclusive, and non-transferable Licence to (i) access the Website and Services for your personal and non-commercial use; and (ii) to access User or Mental Healthcare Professional Content for your personal and non-commercial use. You have no right to sub-licence any rights granted herein. You agree to not use, copy, adapt, modify, distribute, sell, transfer, or otherwise exploit any content or information contained within the Website or otherwise belonging to Counslink. No right, title, or interest in the Website or Services is transferred to you. If you use or provide another person access to the Website or Services in breach of these terms, your aforementioned licence will be revoked immediately.
Termination
Counslink may suspend your ability to use all or any portion of the Website and Services or may terminate these Terms effective immediately, without providing any notice or explanation. Without limiting the foregoing, Counslink may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to access the Website or Services, or to re-establish a Profile. You agree that Counslink shall not be liable to you for any termination of your access to the Website or the Services.
You may cancel your Profile at any time by sending an email to
support@counslink.com. Please note that if your Profile is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Website.
Copyright infringement
If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond promptly in accordance with the
Copyright Act, RSC 1985, and all associated regulations.
Authorisation and acknowledgment
You authorise and acknowledge that Counslink, in its sole discretion, may:
1. Select Mental Healthcare Professionals to be featured on the Services based on pre-existing contractual agreements with the Mental Healthcare Professionals and that such selection is not an endorsement of such Mental Healthcare Professionals;
2. Charge Mental Healthcare Professionals a fee to be advertised, marketed, and/or featured on the Website; and
3. Use only the information provided to Counslink (such as insurance information, proximity to your geographical location, and additional criteria that Users specify) to populate search results for applicable Mental Healthcare Professionals. By agreeing to these Terms of Service, Users and Mental Healthcare Professionals acknowledge that they have read and fully understand them and acknowledge to bebound by the provisions herein.
Trademarks
Counslink’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Counslink Inc. or its affiliates or licensors. You may not use such marks without the prior written permission of Counslink. All other names, logos, product and service names, designs and slogans on thisWebsite are the trademarks of their respective owners.
Disclaimer/Limitation of liability
The laws of some jurisdictions, including Quebec, do not allow for the exclusion or limitation of legal warranties, liability or certain damages or limitations of representations made concerning goods or services. if such laws apply to you, some or all of the below exclusions or limitations may not apply to you. Errors and/or omissions may occur despite our best efforts to update and keep accurate as much as possible the content contained on the website. as such, the website, including the content and services provided herein, is being provided on an"as is" and "as available" basis and without warranties of any kind, either express or implied, for any errors and/or omissions. Counslink claims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Counslink shall not be liable for delays or interruptions of any communication, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Counslink. In no event shall Counslink or Counslink’s licensors be liable for any direct, indirect, incidental, special, consequential damages or lost profits that result from or in connection with the use of, or the inability to use, the website or any content, or services obtained through the website, even if Counslink has been advised of the possibility of such damages in advance. Counslink is neither an agent of nor otherwise associated with any therapist listed in the site. If you are dissatisfied with the website, the content, the services or the website terms of use, your sole and exclusive remedy is to stop using the website.
Indemnification
You agree to defend, indemnify, and hold harmless Counslink and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your violation by you of these Terms; (b) your Content, and(c) your engagement and use of any services provided by a Mental HealthcareProfessional, including but not limited to, any injuries, losses, or damages(compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a your engagement and use of any services provided by a Mental Healthcare Professional.
Release
By using the Website and the Services you agree to release, discharge and hold harmless Counslink and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death)arising out of or relating to the Website, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Website.
Governing law and jurisdiction
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein. Any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto in the Province of Ontario. If any provision of the present Terms of Service shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from theseTerms of Service and shall not affect the validity and enforceability of any remaining provisions.
Entire agreement
These Terms of Service, the Privacy Policy and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Counslink with respect to the use of the Website, including the Content.
Dispute resolution
Any and all disputes, demands, claims, or causes of action (including the interpretation and scope of this clause) between you and Counslink or their successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the
Arbitration Act, 1991, SO 1991. The arbitration shall be conducted before one arbitrator with substantial experience in resolving commercial contract disputes and duly certified by theCanadian Arbitration Association. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration shall be conducted pursuant to the National Arbitration Rules of the ADR Institute ofCanada, Inc., in the English language, in which the decision of the arbitrator(s) shall be conclusively deemed to determine the rights and liabilities between the parties to the arbitration in respect of the matter in dispute. There shall be no appeal from the award of the arbitrator made in accordance with the provisions of this section.
Waiver
The failure by Counslink to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorised representative of Counslink. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Your comments and concerns
ThisWebsite is operated by Counslink Inc. If you have any questions about theseTerms or if you wish to report a problem to us regarding the Website or aMental Healthcare Professional listed on our Website, please contact us at
support@counslink.com.
