This terms of use agreement (the “Agreement”) is a legal agreement that governs the access and use of services through the web platform https://voicewithinyou.ca (the “Website”), to facilitate connection with a mental health and wellness service provider, related administrative functions, including but not limited to telephone and customer services, reception, appointment scheduling, and booking (collectively the “Services”), operated and managed by Voice Within You Mental Health and Wellness Inc. (“we”, “us”, “our”, or “Voice Within You”). Individuals (“you”, “your”, or the “User(s)” throughout) who visit the Website may use the Services to find mental health service provider. References to you, your and User(s) used throughout this Agreement also includes a User’s substitute decision maker as defined under the Health Care Consent Act, 1996, S.O. 1996, c.2, Sched. A where applicable.

To access our Services, Users must access the Website and create an account (the “User Account”) by clicking on “Create Account” and following the instructions provided. Voice Within You contracts with Jane Software Inc. (“Jane” or the “Jane App”) to provide the electronic health record and virtual care platform and it is through the Jane App that the User Account is facilitated. This Agreement governs your access and use of the User Account and Website by you and all materials displayed or made available through the User Account or Website, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Website.

By accessing and using our Services, you are indicating that you accept to be bound by the terms and conditions of these Terms of Use. If you do not accept these terms and conditions, you must not access or use our Services. Voice Within You may revise this Agreement at any time with reasonable notice to you. Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms of this Agreement.

Services

The Services provided by Voice Within You, as defined above, are intended to facilitate connecting Users to professionals who provide mental health and wellness services (the “Therapist(s)”), and providing administrative and other support to such Users and Therapists. The Therapists provide health care services to Users and the Services provided by Voice Within You do not include the provision of counselling or other mental health care services provided by the Therapists.

The Website allows you to book appointments with Therapist(s) by redirecting you to an online service provided by Jane. Voice Within You also provides billing and related administrative support.

Use of our Services requires you to consent to the use of Jane and you do so entirely at your own risk. You should review the Jane Privacy Policy and Terms of Use prior to deciding whether to use our Services. If you do not agree with any of the Jane privacy policies or terms of use, you must not use our Services.

All Therapist(s) providing health care services to Users are independent, regulated health professionals. Voice Within You is not a health care provider and is not responsible for the therapy services you may receive from your Therapist. Therapist(s) are solely responsible for the health care services they provide to you once you are connected to the Therapist through our Services.

The Website is not, and is not intended as, a solicitation of patients for any of the Therapist(s) with whom you may be matched if you use the Services.

Registration

To use certain features of the Website, you must create a User Account with Voice Within You. When you register for a User Account, you agree to:

• provide true, accurate, current, and complete information, and
• maintain and promptly update the information to ensure it remains true, accurate, current, and complete.

If Voice Within You has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, Voice Within You will have the right to suspend or terminate your access to all or part of our Services. Our use of any personal information you provide to us at any point is governed by the terms of our PRIVACY POLICY.

Unless otherwise permitted by Voice Within You in writing, you may only possess one User Account.

Usernames and Passwords 

You are responsible for maintaining the confidentiality of the password you use in association with your User Account and Website. You are also responsible for all activities that occur under your username and password. If Voice Within You has reasonable grounds to suspect that you are sharing your username or password with anyone, Voice Within You will have the right to suspend or terminate your User Account and your access to the Services.

Administrative Fee

Currently, creating a User Account and accessing the Website are provided free of charge.  Voice Within You reserves the right to charge a fee in the future with reasonable notice provided to you.

Medical Emergency

Voice Within You must not be relied upon for medical or other emergencies at any time, and under any circumstances. Do not attempt self-treatment based on anything you have seen or read on the Website.

VOICE WITHIN YOU DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER, VISIT YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT OR DIAL 911 IMMEDIATELY.

Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding your medical condition.

No Health Care Provider Relationship

The presentation of information on the Website and your use of Voice Within You’s Services does not establish a health care provider relationship between you and Voice Within You and is not intended as a solicitation of individuals to become Voice Within You’s patients or clients.

Misuse of Services

Voice Within You retains sole discretion to refuse or discontinue the provision of Services to any User at any time, including for actual or potential misuse of the Services by a User.

Privacy and Personal Health Information

The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy.  By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy.

Copyright

The Content is copyrighted and owned by Voice Within You, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website, User Account or Content, whether in whole or in part, is prohibited without Voice Within You’s express prior written consent.

Limited Licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, Content, User Account and any part of our Services for your personal, non-commercial use. Access to the Website, User Account and Services for any other purpose is prohibited. 

Software Licence

All software embedded in or located on the Website, such as Jane or CTM, including, without limitation, all computer code of all types and all files or images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by Voice Within You, its licensors, or the party accredited with ownership of the Software, such as Jane or CTM. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to:

• the terms and conditions of this Agreement; and
• any additional conditions which may be imposed on your access and use of the licensor’s Software, including any condition imposed by the licensor, such as the Jane’s or CTM’s terms of use and privacy policy.

Except to the extent expressly permitted in this Agreement, you may not:

• use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
• sell, rent, lease, licenses, transfer, or otherwise provide access to the Software;
• alter, remove, or cover any trade-marks or proprietary notices, including from the Software; or
• decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Other than the limited license granted herein, nothing contained on the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited to, any intellectual property rights in the Software.

All Software embedded or integrated into our Services including the Website is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

• is of merchantable quality or is fit for any particular purpose;
• will conform with any specifications relating to the Software;
• will be free from material defects;
• contains no computer viruses or other contaminants; or
• shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

 Posted Information

All information made available on the Website or through any other part of our Services is provided for general, illustrative or informational purposes only and does not constitute medical or health care advice and is not intended to be a substitute therefore. You should not act or refrain from acting based on any information provided on the Website or through any other part of our Services.

Collection of Fees

We act as billing agent for the Therapists except credit card payment of fees for psychotherapy services will be facilitated by Jane. Please review the Jane Terms of Use regarding payment by credit card.

We charge Therapist(s) a fee for connecting with Users through Voice Within You, which we deduct from the fees paid. There is no fee to you for using our Services.

The Therapists have appointed Voice Within You to manage billings for Client Services.  Fees must be paid within 7 days after receiving health care services from a Therapist. If fees remain unpaid after 14 days, you will receive an email reminder. At 30 days, we will call you to discuss possible barriers to payment and discuss financing options. At 60 days, if no financing agreement has been reached, we will consider options available at law. Failure to pay fees promptly may result in Voice Within You terminating the Services and your User Account.

No Endorsements

Unless expressly stated, Voice Within You does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website or through any other part of our Services.

Linking

The Website or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by Voice Within You of any third-party website and its content. Unless specifically stated, Voice Within You does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:

• regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
• regarding the merchantability or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
• that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites

Voice Within You reserves the right to provide or remove any links on the Website at any time and do so without notice. For clarity, Psychotherapy Collective does not own or operate  Jane or CTM and Psychotherapy Collective disclaims all liability arising to you from your use of the Jane or CTM.

Disclaimer

The Website and Content are provided “as is” and “as available”. While Voice Within You endeavors to provide accurate, current, and timely information, Voice Within You makes no representation, warranties or covenants, express or implied, regarding the Website or Content including, without limitation, no representation, warranty or covenant that:

• the Website or Content contained in or made available through the Website will be of merchantable quality or fit for a particular purpose;
• the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
• the operation of the Website or Content will be uninterrupted or error free;
• defects or errors, whether human or computer errors, in the Website, Content or any other part of our Services will be corrected;
• the Website or Content will be free from viruses or harmful components; and
• that communications to or from the Website or Content will be secure or not intercepted.

Please see our Privacy Policy for more information regarding communication security and confidentiality.

You acknowledge and agree that your access and use of the Website or Content is solely at your own risk and liability.

Limitation of Liability

In no event shall Voice Within You or its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to your use or misuse of any part of our Services, User Account, Website or Content or your inability to use our Services including the Website, Content or User Account.

You acknowledge and agree that Voice Within You is not connected with or responsible in any way for, the care you may receive from Therapist(s). Voice Within You disclaims any and all liability for the acts, omissions, and conduct of, and psychotherapy services provided by, all Therapist(s) and conduct of any third-parties on the Website, or any advertisers or sponsors of the Website or Content and any other part of our Services (collectively, “third-party”). Under no circumstances shall Voice Within You or officers, directors, employees, agents, licensors, or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:

• the acts, omissions, or conduct of any third-party, and
• any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Voice Within You knew of or ought to have known of the possibility of such damages.

 Indemnity

You agree to indemnify, defend, and hold harmless Voice Within You, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:

• your breach of any of the terms and conditions of this Agreement;
• your access to, use, misuse, reliance upon, or inability to access or use the Website or any other part of our Services from time to time; or
• your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or any other part of our Services.

 Modification to the Website

Voice Within You reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and any other part of our Services without notice to you. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services including our Website. Voice Within You shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website or Content or any part thereof.

Termination

Voice Within You may, in its sole discretion, cancel or terminate your right to use the Website or User Account, or any parts of our Services at any time without notice. In the event of termination, you are no longer authorized to access the Website or  User Account or the parts of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website set out in this Agreement shall survive termination of this Agreement. Voice Within You shall not be liable to you or to any third-party for such termination.

Discontinuation of User Account

You may discontinue your User Account with us at any time, for any reason, by sending an email at (email). Please see our Privacy Policy in relation to retention of information.

Use Prohibited Where Contrary to Law

Use of the Website, Content and any part of our Services is unauthorized in any jurisdiction where the Website or any part of our Services may violate any laws or regulations. You agree not to access or use the Website or any part of our Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.

Governing Law

The Website and all parts of our Services are operated by Voice Within You from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Website, User Account, Content, Software, and any part of our Services shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website or any part of our Services as well as any dispute that may arise therefrom.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.

Assignment

This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of Voice Within You. Voice Within You may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Waiver

Any consent by Voice Within You, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

Entire Agreement

This is the entire Agreement between you and Voice Within You relating to your access and use of the Website and any part of our Services. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and Voice Within You relating to the subject matter of this Agreement.

Contact Us

Questions or comments regarding the Website or any part of our Services should be directed to Voice Within You’s administrator at info@voicewithinyou.ca

For clarity

By registering for a User Account and by using the Website, you acknowledge that you understand and agree that:

1. The Website is a technology platform that facilitates connecting Users with a Therapist(s) and provides related administrative support to Users and Therapists.
2. Therapist(s) are independent contractors who are not employed by Voice Within You and Therapists do not provide Services as defined under this Agreement.
3. Voice Within You is not a party to the relationship between you and any Therapist. Therapist(s) are solely responsible for the health care services that they provide to you, including compliance with standards of care, record keeping, and other professional obligations.
4. By agreeing to the terms and conditions of this agreement, you agree to our Privacy Policy.
5. The Content and Website could include technical, typographical or photographic errors. Voice Within You does not warrant that any of the materials provided are accurate or current.
6. Voice Within You does not warrant the accuracy, fitness or merchantability of any third-party websites linked to our Website and your use of such Third Party websites is entirely at your own risk.