Therapist Terms & Conditions

The Terms and Conditions (the “Terms”) described on this page are between you as a service provider (also referred to in these terms as the “Service Provider” “you” or “your”) and HCC Mental Health Hub Ltd. (the “Company”, “us”, or “we”). All Service Providers providing counselling services under these Terms are considered independent contractors.

Please read these Terms carefully. By accessing, using, or creating a Service Provider Account with the Company as a Service Provider, you are entering into an agreement with the Company to be bound by these Terms. If you do not agree to be bound to any term of these Terms, you must refrain from creating a Service Provider Account or using the Platform as a Service Provider. Your continued use of the Platform following the posting of any changes to the Terms will constitute your acceptance and agreement to such changes.

If you are applying to become a Service Provider to be able to provide the Services through the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.

1. Definitions

(a) “Fees” means the amounts payable to the Service Providers based on the percentage split for each Session;

(b) “Intern Students” means student clinical counsellors who have been granted an internship position with the Company pursuant to the terms and conditions of these Terms (each individually an “Intern Student”);

(d) “Counsellors” means a psychotherapist, therapist, counsellor, or similar position that has been registered or licensed by all applicable regulatory bodies in their respective jurisdiction, to perform the Services;

(e) “Services” has the meaning ascribed to it in section 2(a);

(f) “Service Providers”: means any one of the following:

(i) Counsellors;

(ii) Supervisors; and

(iii) Intern Students,

(each individually a “Service Provider”);

(g) “Service Provider Account” has the meaning ascribed to it in section 10(a);

(h) “Session” has the meaning ascribed to it in section 11(a);

(i) “Supervisors” means the Counsellors who have indicated that they wish to provide Supervision Services to Intern Students (each individually referred to as a “Supervisor”);

(j) “Supervision Services” has the meaning ascribed to it in section 5(a);

(k) “Supervision Payments” has the meaning ascribed to it in section 12(b); and

(l) “Users” has the meaning ascribed to it in section 2(a) (each individually a “User”).

2. Services

(a) The Company owns and operates an online platform through which therapy, consulting, professional advice, and other related information are provided (collectively, the “Services”). Services are administered and accessible to any person or persons who access the Platform for the provision of Services (the “User” or “Users”) via multiple websites, mobile applications, third-party application such as, but not limited to the Jane App and any other means determined in the sole discretion of the Company (collectively, the “Platform”). Subject to any other provisions of these Terms, the Company hereby engages the Service Providers as an independent contractor to supply Users of the Platform with virtual therapy support.

(b) The parties acknowledge and agree that the Company has no obligation to make any minimum commitment of work, time, or compensation to the Service Providers. The Service Providers will provide the Services only on an as-needed basis as determined by the availability of Users.

3. Privacy

(a) Your use of the Platform is subject to the Privacy Policy, and is hereby incorporated by reference into these Terms. By agreeing to these Terms and using the Platform you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

4. Internship Placement

(a) We are pleased to offer Intern Students the ability to gain practical experience through a practicum placement on our Platform. Provided that you as an Intern Student meet the requirements set forth in these Terms, upon receipt of your application, we will endeavour to match you with one of our designated Supervisors.

(b) Intern Students acknowledge and agree that the payment terms described in section 11 of these Terms shall not apply to Intern Students. Intern Students acknowledge that they will in no way be compensated by the Company for the Services provided under these Terms.

5. Supervisor Terms

(a) Counsellors may register through the Platform to indicate that they agree to act as a Supervisor to provide supervision services for Intern Students (the “Supervision Services”).

(b) Supervisors providing Supervision Services are not required to also provide Services on the Platform, and may apply only to act as a Supervisor to provide Supervision Services alone.

6. The Platform

(a) The Company may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all Users and Service Providers or to you specifically, at any time with or without notice. The Company is not and will not be liable for any losses or damages that are caused by any of the aforementioned actions. For greater certainty, the Company may terminate or prevent your use of the Platform and any services provided through the Platform at our sole discretion for any reason and for any period of time.

(b) The features and functionality of the Platform are to be determined solely by the Company and are subject to change or termination without notice.

7. Covenants, Warranties and Representations of the Service Providers

(a) The Service Provider confirms that they are at least 18 years of age and that they are legally able to enter into a contract without the consent of any third party.

(b) The Service Provider hereby confirms and agrees that all the information that is provided by the Service Provider specifically related to licensing, certification, and or any other relevant information that affords the Service Provider the ability to practice counseling/consultation and/or any other similar practice through the Platform is current, accurate, true, and complete. Furthermore, the Service Provider agrees that they will maintain and update this information so that it continues to be current, accurate, true and complete. If for some reason the Service Provider’s license expires or is cancelled for any reason such that the Service Provider is unable to practice in their profession, the Service Provider agrees to notify the Company immediately of such change(s) so that the Company can in turn notify Users or place the Service Provider’s Service Provider Account on hold until the licence issues are resolved and the Service Provider can resume providing Services via the Platform.

(i) they are currently enrolled in a masters level program at an accredited educational institution in North America; and

(ii) have received all consents, documents, and agreements required from their education institution and Supervisor (as applicable) to be placed in the Company’s Intern Student placement program.

(d) The Service Provider confirms that they are a licensed professional in good standing in a relevant field of expertise and abides by all relevant and applicable laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility.

(e) The Service Provider agrees not to mislead Users to believe that they can provide a service which is outside of the Service Provider’s field of licensed expertise and will not misrepresent themselves or create any misleading name or listing.

(f) The Service Provider agrees to not perform any Services and or other services or offer any advice in any jurisdiction where the Service Provider is not authorized or licensed or in good standing to do so. The Service Provider agrees that they will not provide any Services or advice to any User unless they are a licensed professional in good standing in the relevant field of expertise abiding by all relevant laws, rules, and regulations.

8. Service Provider Conduct

(a) When using the Platform for the purposes of the Services or using the Platform for a purpose related to the Services, the Service Provider must exercise a reasonable standard of care, including confidentiality obligations, at least equivalent to a traditional in-person interaction with a User as mandated by their profession and regulatory agencies.

(b) The Service Provider will not provide to Users any services other than the Services.

(c) The Service Provider must ensure that their availability of time and date on the Platform is held completely up-to-date so that prospective Users can access the Service Provider’s availability in real time.

(d) The Service Provider agrees to be bound by any and all applicable laws including local, provincial, federal, international, statute or regulatory. The Service Provider will not provide to Users any services which may not be lawfully or ethically rendered or provided through the Platform according to the laws, regulations and ethics that apply in the Service Provider’s jurisdiction.

(e) For any Users to whom are first introduced to the Service Provider through the Platform, the Service Provider agrees that all contact between the Service Provider and such User will be conducted only through the Platform.

(f) The Service Provider agrees to use the Platform as intended and not collect additional fees from Users for services rendered and associated with the Platform. For clarity, the Service Provider agrees that they will not request Users’ payment information in connection with collecting a payment for any reason, including a no- show fee, for any services rendering through or associated with the Platform.

(g) The Service Provider will provide the Services only in connection with issues that are not of the nature or characteristics of an emergency. Should a User connect with you through the Platform in connection with emergency matters, you hereby agree to immediately instruct the User to immediately call 911 or their local emergency assistance number.

(h) The Service Provider will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.

(i) Regardless of the Service Provider’s professional or educational training, the Service Provider will never engage in the practice of medicine or enter into a physician/patient relationship with any User through the Platform, and the Service Provider will not prescribe or dispense medicines or any similar substances through, by means of, or following interaction with a User on the Platform. The Service Provider agrees to advise Users whenever appropriate that the advice of the Service Provider is not a substitute for the advice or treatment of a physician or other licensed medical professional.

(j) The Service Provider further agrees and commits to not engage in conduct that is harmful, unethical, deceptive, or offensive, as may be determined by the Company in its sole discretion.

(k) The Service Provider at its own expense, will obtain and/or maintain adequate insurance coverage as required by applicable laws and regulations, and regardless of whether required by law or regulation, shall ensure that they maintain adequate cyber liability insurance.

(l) The Service Provider agrees that if they are treating a User that is under the age of 18, they have considered the consent requirements from such User.

(m) The Service Provider will ensure that they implement and undertake follow-up procedures for any User that misses or is late to a Session, such follow-up procedures shall be made and implemented in the such Service Provider’s sole discretion.

9. User Information

(a) The Service Provider will ensure that all information related to the Users which collected or created by the Service Provider in connection with the Services (the “User Information”) are stored only on the Platform.

(b) The Service Provider acknowledges that only the Service Provider will have access to such User Information and will not disclose such User Information to any other individual, provided that the User Information created by Intern Students may be accessed and reviewed by their Supervisors.

10. Account

(a) The Service Provider agrees, confirms, and acknowledges that they are responsible for maintaining the confidentiality of their password and their account (the “Service Provider Account”) and any other security information related to the Service Provider Account. The Company advises the Service Provider to change their password frequently and to take extra care in safeguarding their password.

(b) The Service Provider agrees to notify the Company immediately of any unauthorized use of their Service Provider Account or any other concern for breach of their account security.

(c) The Service Provider agrees, confirms, and acknowledges that the Company will not be liable for any loss or damage incurred as a result of someone else using their Service Provider Account, either with or without their consent and/or knowledge. Further, the Service Provider agrees that they are solely and fully liable and responsible for all activities that are made by using their respective Service Provider Account. The Service Provider further acknowledges and agrees that the Company will hold them liable and responsible for any damage or loss incurred as a result of the use of their respective Service Provider Account by any person whether authorized by the Service Provider or not, and the Service Provider agrees to indemnify the Company for any such damage or loss.

(d) The Service Provider agrees to not interfere with, disrupt, or attempt to interfere with or disrupt, any of the Company’s systems, services, servers, networks, or infrastructure, including without limitation the Platform.

11. Cancellations

(a) If a Service Provider has approved a User request for Services and is scheduled to deliver Services to a User (a “Session”), then the Service Provider is required to deliver such Session. However, in the case of emergencies (such as a medical or family emergency, a death in the family, or a natural calamity), the Service Provider may cancel the Session through the Platform.

(b) If a cancellation is made in less than 24 hours before a scheduled Session, or the Service Provider does not attend the Session, it will be considered a “No-Show” by the Service Provider. Should a Service Provider repeatedly “No-Show”, the Company may in its sole discretion choose to terminate the relationship with the Service Provider. Exceptions can be made in emergency cases (such as a medical emergency, a death in the family, or a natural calamity) and are decided on a case-by-case basis. Final decisions will lie at the sole discretion of the Company.

12. Payments

(a) In consideration of the Services rendered hereunder by the Service Providers, the Company shall pay the Service Provider the Fees based on the revenue share percentage agreed upon by the Service Provider during the Service Provider’s initial application with the Company, with such Fees being inclusive of all applicable taxes.

(b) The Company and the Supervisor will mutually agree at the time the Supervisor is matched with an Intern Student, the applicable payment amount such Supervisor shall be paid by the Company in consideration for the Supervision Services performed by such Supervisor (the “Supervision Payments”). The Supervision Payments will be inclusive of all applicable taxes.

(c) The Company will distribute the Fees and Supervision Payments on a monthly basis. In respect of any Fees and Supervision Payments received by a Service Provider, such Service Provider is solely responsible for reporting and paying any applicable taxes related to the Service Provider’s use of the Platform.

(d) The Company may alter the Fees, Supervision Payments, and payment schedules from time to time in the Company’s sole discretion.

(e) Any disputes related to the Fees and Supervision Payments must be submitted by the Service Provider in writing to the Company within 30 days of receipt of such payments.

13. Termination of Relationship

(a) The Company, in its sole discretion, may take all actions it considers appropriate if the Company believes that a Service Provider has breached any of these Terms, which may include but is not limited to the immediate termination of the Company’s engagement with the Service Provider as a Service Provider, including but not limited to, the termination of the Service Provider Account, or the termination of the Service Provider’s ability to access the Platform.

(b) The engagement between the Service Provider and the Company may terminated upon 30 days written notice without cause or penalty delivered either by the Company or such Service Provider wishing to terminate their engagement.

(c) If the engagement with the Company and the Service Provider is terminated , the Company or Service Provider will write a letter informing all active Users seen by the Service Provider to inform the Users of their departure from the Company. Such Users will be given the option either to see the Service Provider at another company or sole proprietorship after the Service Provider no longer acts as a Service Provider with the Company, or the User may elect to begin seeing another Service Provider at the Company. This offer must only be made to the Users seen by the Service Provider once their resignation has been formally submitted. A nominal administration fee will apply to have any User Information securely transferred to the Service Provider.

(d) Section 14 of these Terms will survive the termination or expiration of any engagement of the Service Provider with the Company, including any agreement arising pursuant to these Terms.

14. Limitation of Liability

(a) The Service Provider hereby agrees to indemnify, defend, and hold the Company harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from:

(i) Any breach of any representation, warranty, covenant or agreement to be performed by the Service Provider according to these Terms;

(ii) The provision of Services provided by the Services Provider through the Platform; and

(iii) Any materials, documents or other information that the Service Provider has posted to or through the Platform and/or any content provided by the Service Provider to a User.

(b) The Service Provider acknowledges and agrees that the Platform is being provided for use “as is”, and therefore the Service Provider will not have any claim or demand towards the Company in relation to the Platform’s users, members, properties, limitations, or compatibility with the Service Provider’s needs. The Service Provider will not have any claim or demand against the Company in respect to any Services the Service Provider decides to provide in connection with the use of the Platform. To the fullest extent of the law, the Company expressly disclaim all warranties of any kind, whether expressed or implied.

(c) Provision of Services and any other use of the Platform is being made at the Service Provider’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.

(d) The Service Provider will bear all the risks associated with the uploading and transmitting of User Information in accordance with our terms of use and utilizing the Platform including reliance of its accuracy, reliability, or legality.

(e) Under no circumstances will the Company be held liable to any Service Provider for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic loss.

(f) The Company will not be deemed the provider or recipient of any services acquired through the Platform. The Service Provider provides the Services at their sole and entire risk.

(g) The Service Provider acknowledges that they will be solely responsible and liable for any damages to any User to whom they provides the Services and to any User who suffers damages arising from or connected to such Services that such Service Provider provided to that User. In the event of a dispute regarding any interaction conducted through the Platform, the Service Provider hereby releases the Company from all manner of actions, claims, or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and attorney’s fees, which the Service Provider may have against one or more of the above.

(h) The Company will not be liable to any Service Provider or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages arising from the use of the Platform or the delivery of Services to a User by a Service Provider.

(i) If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

15. General

(a) Nothing in these Terms will be construed as making either party a partner, joint venture, agent, legal representative, employer, or employee of the other.

(b) These Terms and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein.

(c) In the event that any provision or any part of any provision in these Terms is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed thereon by a court, these Terms shall be construed as not containing such provision or part of such provision and the invalidity of such provision or such part shall not affect the validity of any other provision or the remainder of such provision hereof. All other provisions hereof which are otherwise lawful and valid shall remain in full force and effect.

(d) We may provide notices or other communications to you regarding these Terms or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt will be deemed the date on which such notice is given. Notices sent to us must be delivered by email to inquiries@helpclinic.ca

Therapist Terms & Conditions

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