TERMS OF SERVICE
Last Updated: May 28, 2022
Our platform is not designed to handle mental health crisis or otherwise. If you are in crisis, you are directed to call 911 immediately for emergency services. We will not provide crisis intervention services and should you contact us during a crisis we will direct you to call 911 and we may share any information we have about you with the police.
These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at www.mystudentwellbeing.ca (the “Site”) owned and operated by My Student Wellbeing Inc. (“Provider”, “we”, “our” or “us”), any third-party practice management solution we utilize (“Practice Management Software”), and the services available thereon, including without limitation the services that enable you to be connected to an independent contract (“Practitioner”) for mental health services (“Practitioner Services”) and acquire information related to accessing Practitioner Services. Our platform and offering to connect you with a Practitioner for Practitioner Services is referred to as the “Services”).
BY ACCESSING OR USING THE SITE OR SERVICES OR CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date. We will include a link to the previous version of the terms beneath the new “Last Updated” date.
The amendments will take effect immediately on the date on which the amended version is posted.
If you disagree with any amendments, you must stop using our Services immediately. If you do not cease using the Site and Service, then by your continued use, you are considered to have accepted the proposed amendments.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must be at least 16 years old age, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Reliance on Content
The information you will access through our website and social media platforms is for general use and does not constitute medical advice. If you are in need of professional medical advice you are directed to speak with a physician.
Intellectual Property Rights
All material available on the Site and all material and services provided by or through Provider, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Provider grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials unless specified on the material or page pertaining to the material.
If Provider, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party system, then we may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. We have no liability to you for suspending the Services under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the Services, the Site or our business (“Feedback”) are and will be our exclusive property without any compensation or other consideration payable to you by Provider, and you do so of your own free will and volition. Provider may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Provider may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Provider in any Feedback and, as applicable, waive any moral rights.
Provider retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information that is part of any Content (as defined below).
Acceptance of Services and Practitioner Services
Mental health services are intangible. Your experience with a certain Practitioner will be different than the experience of another person. You accept that you may or may not receive the outcome you want from accessing services through our platform. We cannot guarantee any outcomes of you accessing mental health services nor can we guarantee the approach a Practitioner will take with you. By accessing services from one of our Practitioners you acknowledge you understand we, and they, cannot guarantee any outcomes or changes in your life.
Our platform can connect you with a Practitioner who is an independent contractor who may provide you with Practitioner Services. Our Practitioners are not employees of My Student Wellbeing Inc. When determining who to onboard as our Practitioners we review their standing with relevant professional associations to ensure they are actively registered with a professional body that regulates their work. The Practitioners we onboard are required by law to abide by relevant legislation to protect your information and by the code of conduct of their professional regulatory body. However, My Student Wellbeing cannot guarantee any Practitioner will abide by legislation, but if we discover a Practitioner has violated any legislation, has been charged with a criminal offence, or has been found guilty of professional misconduct then we will remove them from our platform immediately.
We provide you with the forum to connect with a Practitioner through our secure platform and is their job to provide you with Practitioner Services. My Student Wellbeing is not involved in the approach of the Practitioners and the Practitioners operate independently from oversight of My Student Wellbeing. We do not endorse any specific Practitioner nor any approach they may take to provide you with services. However, we try our best to select Practitioners who are passionate about student mental health and whom we are confident will provide you with quality services.
If you have any issues with a Practitioner on our platform, please let us know and we will investigate. We take all concerns seriously as the safety of the public and the security of their information is a priority. Should you have any formal complaints regarding your Practitioner’s provision of services, you can file a complaint with their professional regulatory body. You can find out about their regulatory body by looking on their profile through the My Student Wellbeing website or you can email us at email@example.com to ask what association a particular clinician is a member of.
Through our Services you may access Practitioner information and profiles. The Practitioner profiles may contain information about them, their credentials, their experience, or other information they provide. Provider cannot guarantee the accuracy of Practitioner information, however, Provider requires Practitioners to upload information that is truthful. Should you have questions regarding the Practitioner’s information or credentials, you are directed to speak with them directly for further discussion.
MY STUDENT WELLBEING DOES NOT PROVIDE COUNSELLING, THERAPY, OR CLINICAL MENTAL HEALTH SERVICES. ANY CLINCIAL SERVICES ACCESSED ARE ACCESSED THROUGH INDEPENDENT PRACTITIONERS.
Your Profile Information and Account
If you sign up for a Provider account (“Account”), you agree that Provider is providing you with one user identification reference that you will use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and Services in accordance with this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of your User ID. That User ID, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account. You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to Provider that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Provider immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.
In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Provider subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting firstname.lastname@example.org. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.
Through your access of Practitioner Services, you may be billed by your Practitioner. Your Practitioner will be billing you directly for sessions, however they utilize the platform of My Student Wellbeing to process payment. When you are billed, your money will be deposited into My Student Wellbeing’s bank account and your payment will be disbursed to your Practitioner as outlined in the Agreement between My Student Wellbeing and the Practitioner.
A My Student Wellbeing representative or the platform may bill you or contact you on behalf of your Practitioner. My Student Wellbeing provides billing related services to the Practitioners, but at the core each Practitioner is billing their clients.
You are responsible for paying your fees in full. Your Practitioner reserves the right to charge your credit card for service fees, cancellation fees, and interest fees as applicable. Your Practitioner also reserves the right to handle default payment at their discretion. You agree to provide payment related information as needed by your Practitioner for billing through our Services.
Each Practitioner reserves the right to change their fee for their Practitioner Services at any time.
Some Practitioners may offer free consultation appointments as a courtesy to help you make an informed decision of your service provider. Free consultations are informational sessions and you are not to expect to receive any clinical intervention during a free consultation. Each Practitioner has the sole discretion on if they will offer a free consultation and they reserve the right to suspend free consultations at any point. Should we conclude you are excessively using the free consultation services, we reserve the right to suspend or terminate your account or limit your ability to book or attend free consultations.
Attending a free consultation does not create a client-therapist relationship between you and a therapist. A therapist has no professional obligations to you before, during, or after a free consultation unless relevant paperwork is completed to make you a client of a particular therapist.
Should you complete a form related to having us check your insurance coverage, by submitting the form you are consenting to us using the information you provided to check your insurance eligibility through the related insurance company.
Submission of Content
The Site and the Services available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Provider for the purpose of providing the Services or to a P Practitioner for the purpose of providing Practitioner Services or as otherwise permitted under this Agreement. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.
Provider will use Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to Provider a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.
You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Provider or Provider’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree that Provider is not responsible for any violations of any third party intellectual property rights in any Content that you submit to Provider. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site.
Acceptable Use and Conduct:
You agree that you will not publish or make available any Content that, or use the Site or Services in a manner that:
(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
(b) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
(d) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
(e) is harmful to minors in any way;
(f) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Provider;
(g) impersonates a Provider employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
(h) interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;
(i) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
(j) facilitates the unlawful distribution of copyrighted Content;
(k) except as expressly permitted by Provider, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;
(l) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Services to users;
(m) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
(n) stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
(o) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(p) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
(q) attempts to gain unauthorized access to the computer systems of Provider or Practitioner, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
(r) posts adult or pornographic Content;
(s) decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other Provider technology;
(t) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
(u) accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
(v) accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
(w) accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.
Disclaimer of Warranties
YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME PROVIDER MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT PROVIDER, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. PROVIDER MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
PROVIDER IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY PROVIDER, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY PROVIDER.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND SERVICES. PROVIDER DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND SERVICES AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY PROVIDER FROM ITS FACILITIES IN CANADA. PROVIDER MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
FURTHERMORE, WE CANNOT GUARANTEE THE SECURITY OF YOUR INFORMATION DUE TO THE RISK OF HACKS AND GLITCHES ASSOCIATED WITH DIGITAL TECHNOLOGY. BY ACCESSING SERVICES THROUGH OUR PLATFORM YOU ACCEPT THE RISK OF ACCESSING VIRTUAL SERVICES. SHOULD YOU NOT WANT TO ACCEPT THE RISK, YOU MUST NOT PROCEED WITH MAKING AN ACCOUNT AND ACCESSING SERVICES THROUGH MY STUDENT WELLBEING.
BY USING OUR PLATFORM YOU ACKNOWLEDGE YOUR MENTAL HEALTH SERVICES ARE BEING PROVIDED BY INDEPENDENT PRACTITIONERS WHO ARE SOLELY RESPONSIBLE FOR DETERMINING HOW TO PROVIDE YOU WITH PRACTITIONER SERVICES.
YOU AGREE TO HOLD ANY PRACTITIONER ON OUR PLATFORM HARMLESS OF ANY TECHNICAL ISSUES, CONTENT FOUND ON THIS WEBSITE, AND ANY HACKS.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Provider’s control, and you acknowledge that Provider is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Provider or any association with its operators. You further acknowledge and agree that Provider will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
Exclusive Remedy and Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL PROVIDER OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. PROVIDER’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, PROVIDER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO A TRIAL PROGRAM OR YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO PROVIDER OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN PROVIDER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT PROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Provider will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.
Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Limitation of Time
You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.
You agree to indemnify, defend, and hold harmless Provider, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, Practitioners, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Profile Information and any third party Content forming part of the Site; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Provider reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Provider and you agree to cooperate with Provider’s defense of these Claims. You agree not to settle any matter without the prior written consent of Provider. Provider will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
Cancellation and Termination
You have the right to request us to delete your account from our database, however, your Practitioner has the right to export any information about their provision of service to you, including but not limited to session history and financial documents, before your account is deleted. The storage and retention of your session history and financial documents, by your Practitioner is determined by your Practitioner and you will need to inquire with them about their ongoing storage. My Student Wellbeing provides operational support to the Practitioners on the platform and they are responsible for the storage and retention of information related to your access of Practitioner Services. Should you request to have your account deleted, you are still responsible for paying any outstanding fees.
We reserve the right to ask you for personal identification or information to validate your identity before deleting an account, or we may send you a form or document within your password protected account asking you to confirm you want your account deleted.
Please email us at email@example.com if you would like your account deleted. We will be unable to delete your account until your Clinician has exported any information they are required to retain copies of.
When a Practitioner terminates their Agreement with My Student Wellbeing they are required to export their client information, including but not limited to financial records and session history. At that point, as you were the client of that Practitioner, we may delete your account from our database to minimize the amount of user information we have at any given time. We reserve the right to delete your account at any point after thirty (30) days if your Practitioner is no longer with My Student Wellbeing and you have not received any other Practitioner Services within the prior thirty (30) days. Should you want access to your information such as client notes or billing documents, you will be directed to the individual who provided you with Practitioner Services, if possible.
Provider reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Provider reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
Provider reserves the right to delete a user’s account at any time, for any reason, without notice.
If there is any dispute between you and Provider about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of Manitoba, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
You agree that if Provider does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Provider has the benefit of under any applicable law), this will not be taken to be a formal waiver of Provider’s rights and that those rights or remedies will still be available to Provider.
The sections of “Submission of Content”, “Intellectual Property Rights”, “Payment”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact Provider by email at firstname.lastname@example.org or by mail at Suite 338, 210-1600 Kenaston Blvd, R3P 0Y4, Winnipeg, Manitoba, Canada