User Terms & Conditions
HCC Mental Health Hub Ltd. and/or its affiliates (collectively, the “Company”, “HCC”, “we”, or “us”) offer a platform (the “Platform”) for which Users may access mental health counselling, therapy, psychotherapy, and other related services provided by third-party professionals.
The following are the Terms and Conditions (the “Terms”), which govern your access and use of our Platform. The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, our website and its related apps such as the Janeapp.
In these Terms, “Third-Party Services” means the mental health counselling, therapy, psychotherapy, and/or other related services provided directly from a Service Provider to a User through the Platform; “Service Provider” means the counsellors who are authorized to provide Third-Party Services through the Platform and have who have agreed to the Therapist Terms; “Company Services” means the Platform and other services offered by the Company to facilitate the Third-Party Services, but excludes Third-Party Services; and “Services” means the Company Services and Third-Party Services together.
Please read these Terms carefully. By accessing or using the Platform you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access or use the Services.
Wherever used in these Terms, the terms “User”, “you”, “your”, or similar terms indicates the person or legal entity accessing or using the Services. If you are an entity such as a company or corporation creating account for use of the Platform by your employees or other individuals, each employee, individual, and the company will be considered a User for the purposes of these Terms.
Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
1. Privacy
(a) Your use of the Services 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.
2. Services
(a) The Third-Party Services are administered and accessible to the Users via the Platform. The Company does not offer mental health counselling or consultations in its own direction and instead facilitates the connection between Service Providers and Users through the Platform.
(b) The Company Services include are provided by the Company.
3. User Representations and Covenants
(a) You hereby confirm that you are legally able to consent to receive the Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
(b) Where consent from a parent or guardian is required to receive the Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to the Services for the minor and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to the Services remains valid for so long as the minor is receiving or accessing the Services.
(c) You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that so long as you are a User of the Platform you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
(d) You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
(e) You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
(f) You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us and/or the Service Providers.
4. Company Representations and Covenants
(a) The Company makes no representation or warranty whatsoever as to the ability of any Service Provider, satisfaction of the User regarding the advice given by a Service Provider, or whether the Third-Party Services will otherwise be suitable to the User’s needs.
(b) The Company does not refer, endorse, recommend, verify, evaluate, or guarantee any advice, information, or other services provided by any Service Providers and nothing shall be considered as a referral, endorsement, recommendation, or guarantee by the Company in any way, form, or shape.
(c) The Company makes no representation or warranty whatsoever as to the ability of any Service Provider, satisfaction of the User regarding the advice given by a Service Provider, or whether the Third-Party Services will otherwise be suitable to the User’s needs.
(d) The Company will not be liable and expressly disclaims all liability for any damages sustained or arising from the Third-Party Services, directly or indirectly, including but not limited to damages arising from a User’s reliance on information or advice provided by any Service Provider.
5. Company Services
(a) The Company may modify, suspend, disrupt, or discontinue the Company Services, including but not limited to 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 Company Services including the Platform at our sole discretion for any reason and for any period of time.
(b) The features and functionality of the Company Services including the Platform are to be determined solely by the Company and are subject to change or termination without notice.
6. Fees and Cancellation Policy
(a) You confirm and agree to use only payment methods (the “Payment Method”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
(b) You agree to pay all fees and charges associated with your account on a timely basis and on the terms and the rates as published in the Platform. By providing us with your Payment Method you authorize us to bill and charge you through the Payment Method and you agree to maintain your Payment Method information in your account information.
(c) We want to ensure that the Service Provider’s time and income are respected. We have a 48 hour cancellation policy. Users who cancel up to 48 hours prior to the start of their scheduled session with a Service Provider for the delivery of the Third-Party Services (the “Session”) will be eligible for a full refund. Users who cancel their Session with any less than 48 hours notice, or do not attend the Session will be charged for the full amount of the Session. Users will be made aware of the policy when booking the Session. The exception is serious illness or accident. Service Providers may make one-time exceptions on a case-by-case basis, at the Service Provider’s discretion. If a User is able to rebook into a vacant spot available during the same week, the Service Provider may choose to waive the cancellation fee.
(d) Sessions should always start on time. If a User arrives more than 15 minutes into their scheduled Session and the Service Provider has followed the appropriate follow-up procedures, and has left the Session and reported as such, then this late arrival will be considered a “No-Show” and the User’s payment will not be eligible for a refund. It is important that the User arrive on time and join at the agreed upon start time of the Session.
7. Termination of Relationship
(a) The Company, in its sole discretion, may take all actions it considers appropriate if the Company believes that a User has breached any of these Terms, which may include but is not limited to the immediate termination the User’s account, or the termination of the User’s ability to access the Company Services including the Platform.
8. Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMPANY AND/OR ITS AFFILIATES (THE “RELEASED PARTIES”) AND AGREE TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY SERVICE PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE COMPANY SERVICES INCLUDING THE PLATFORM.
(b) YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE COMPANY SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
(c) YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
(d) YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE SIX-MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
(e) 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.
(f) This section (limitation of liability) shall survive the termination or expiration of these Terms.
9. Arbitration
(a) The User agrees that any claim or dispute related to the use of the Company Services and the Third-Party Services, including online counselling, coaching, advising, consulting, or any other similar service and whether related to these Terms or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgement in any court in the province of British Columbia in Canada.
10. 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 privacy@helpclinic.ca