Last Updated: November 5, 2021
DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES OR IF YOU ARE HAVING SUICIDAL THOUGHTS. IF YOU HAVE A MEDICAL EMERGENCY OR ARE CONTEMPLATING HARMING YOURSELF OR OTHERS, YOU SHOULD DISCONTINUE USING THE PLATFORM AND CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT SELF-TREATMENT BASED ON ANY CONTENT (AS HEREAFTER DEFINED).
THERAPYNOW RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES, THE “LOOK AND FEEL” OF THE WEBSITE AND AVAILABILITY OF SERVICES) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
2. Use of Services
The Platform is only intended to assist in addressing the type of mental health problems listed on our website. TherapyNow matches Therapists (as hereafter defined) with you based on the information provided by you and by them. TherapyNow will only make suggestions as to which Therapist may be able to assist you and TherapyNow makes no recommendations regarding the abilities of any suggested Therapist and does not guarantee their ability to assist you.
You are responsible for the conduct of any session with a Therapist and the provision of any treatment therein. TherapyNow is not liable or responsible for any harm that arises out of or relates to a session you participate in. If you have a complaint against a Therapist, you can email us at email@example.com and identify the relevant Therapist. We will direct you to the applicable regulatory authority to assist you in filing your complaint. Alternatively, you can also contact the professional regulatory college(s) in the province(s) where the Mental Health Services (as hereafter defined) were received.
TherapyNow does not mandate any specific treatment method nor do we recommend any procedure over another. This decision is solely based on the discretion of your Therapist.
You agree that you will not use the Services for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Services less efficient or inefficient; use the Services to transfer files that contain viruses, trojans, logic bombs, worms, corrupted data or other harmful programs or malicious software; access or attempt to access the accounts of other users of the Services; to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; penetrate or attempt to penetrate any security measures; to conduct or promote any illegal activities; to upload, distribute or print anything that may be harmful to minors; to disseminate any content which is defamatory, false or inaccurate or becomes false or inaccurate at any time, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or may have the effect of being harassing, threatening, or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to post or transmit material for which you have not obtained all necessary licenses and/or approvals; to misrepresent your identity in any way; to post or transmit material which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; to advertise or promote third party or your own products or services; to generate spam, unsolicited e-mail advertisements, junk mail, chain letters, or otherwise duplicative messages; to stalk, harass, harm or threaten harm on another individual; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services; license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any unauthorized third party; modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; or access the Services in order to build a similar or competitive product or service.
You agree to refrain from doing anything which is fraudulent, negligent or which we reasonably believe to be disreputable or capable of damaging TherapyNow’s reputation.
You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of the Platform and Services including, but not limited to, any content provided by Therapists. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user or a Therapist please contact us at firstname.lastname@example.org.
FOR GREATER CLARITY, THERAPYNOW DOES NOT PROVIDE HEALTH CARE SERVICES, MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES, OR ANY OTHER PROFESSIONAL SERVICES. TherapyNow is simply a technology service provider that facilitates the Services through the Platform.
Your medical care and your mental health care are solely the responsibility of you and your Therapist.
While the Platform and the Services may provide access to certain general medical information, the Platform and the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Platform. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.
THERAPISTS ARE NOT THE EMPLOYEES OR AGENTS OF THERAPYNOW AND ARE NOT CREDENTIALED BY THERAPYNOW. THERAPYNOW DOES NOT HAVE ANY OVERSIGHT OF THE CARE PROVIDED TO YOU BY THERAPISTS. Each Therapist is an independent practitioner who is solely responsible for any Mental Health Services provided by them to you.
Under the Services, mental health care services or social or psychotherapy services are provided exclusively by Therapists. TherapyNow supports Therapists by providing them with access to the Platform. However, exclusive control and responsibility for the delivery of mental health care services or social or psychotherapy services is reserved to Therapists.
All Therapists available through the Platform self-identify the areas in which they are competent and represent that they are permitted to provide services in such areas and are a member in good standing with the regulatory college of their jurisdiction. TherapyNow requires Therapists to represent and warrant that they are in good standing with their respective regulatory college and to immediately apprise TherapyNow of any changes to such status. Although TherapyNow vets Therapists, we have no means to guarantee that such Therapists specialize in their claimed fields. While we do our best to ensure the qualifications of Therapists who deliver Mental Health Services on the Platform, you agree that TherapyNow shall not be liable for the quality of the service provided by Providers.
4. Consent to Therapy and Collection, Use and Disclosure of Personal Information
By accessing and using the Platform to receive Services via the use of online communication tools such as secure mail, text and video, you consent to be consulted by one or more Therapists or Support Staff. Therapists may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Support Staff only provide Support Services that are informational in nature. You may withdraw your consent to receive Mental Health Services or Support Services at any time by ending your communication with the Therapist or Support Staff.
Neither the Mental Health Services provided by Therapists nor the Support Services provided by Support Staff are intended to replace your primary care relationship with your family physician or other primary care health professional. You should continue to consult your family physician or other primary care health professional regularly or as needed or recommended by them.
Therapists will make every effort to keep your personal information private. If you wish to have information released, you will be required to sign a consent form before such information will be released. There are some limitations to confidentiality to which you need to be aware. Your Therapist may consult with a supervisor or other professional Therapist in order to give you the best possible service. In the event that a Therapist consults with another Therapist, no identifying information such as name would be released. Therapists are required by law to release information when the client poses a risk to themselves or others and in cases of abuse to children or the elderly. If the Therapist receives a court order or subpoena, the Therapist may be required to release some information. In such a case, the Therapist will consult with other professionals and limit the release to only what is necessary by law.
You are encouraged to ask questions of the Therapists regarding any part of the session that is conducted or recommended to you, all of which should be answered to your satisfaction. If you are not satisfied with the explanation or information provided by the Therapists regarding any session that is conducted or recommended for you, you should not continue it or you should seek a second opinion from a health professional that is not affiliated with TherapyNow. You have the right to refuse or withdraw consent at any time.
In addition to the material risks that may be associated with a therapy session, there are potential material risks that are specifically associated with using online communication tools and which may adversely impact the ability of the Therapists and Support Staff to provide Services, including but not limited to (a) poor quality audio-video connections due to remote locations or other network limitations that may limit the ability of the Therapists to appropriately conduct the session or otherwise obtain sufficient personal information from you to properly conduct the session, (b) delays in evaluation or treatment resulting from similar technology failures, (c) lack of access to your personal health records maintained outside the Platform (i.e., by your family physician or other primary care health professional), which may result in judgment errors, and (d) unauthorized collection, use or disclosure of your personal information due to a security protocol breach or failure.
THERAPYNOW SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTION OR RELATIONSHIP WITH THERAPISTS EXCEPT AS MAY BE EXPLICITLY PROVIDED HEREIN.
You acknowledge that TherapyNow is only responsible for providing the software required for the transmission of personal information through the Platform and, in light of the foregoing, TherapyNow cannot be responsible for other purposes for which the Platform is used by Therapists, nor for the privacy practices of Therapists. You acknowledge and agree that TherapyNow is not responsible for a breach of your personal information if you use the Platform in a public or unsecure environment where a session may be viewed or overheard (e.g. coffee shop, Internet café) and such personal information is overheard by others in your vicinity.
You acknowledge and agree that TherapyNow is not responsible and shall not be liable for the disclosure of your personal information and confidential data by the Therapists. You acknowledge and agree that we are not responsible for the behavior, actions or inactions of Therapists.
TherapyNow disclaims any and all liability related to your interaction with Therapists whether or not such interaction occurs on the Platform or elsewhere.
We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.
5. License Grants
6. User Account
You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces on the Platform and be provided with a username and password login credentials by TherapyNow (“User ID”) in order to use the Platform and receive any Services. If you are provided with a User ID, you will keep your User ID secure and will not share your User ID with anyone else, and you will not collect or harvest any personal data of any other user of TherapyNow, including account names or login credentials. TherapyNow reserves the right to disable any User Account issued to you at any time in TherapyNow’s sole discretion. If TherapyNow disables access to a User Account issued to you, you may be prevented from accessing the Platform, the Content, your account details and/or any User Content.
You agree to provide true, current, complete and accurate information as requested on any registration form to which the Platform may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
7. Term and Termination
We are not liable to you or any other party for any termination of your User Account or access to the Platform. Termination of your User Account will not modify, change or void any payment obligations you may have incurred through your use of the Platform, whether such obligations are to us, a Therapist or a third party.
We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Platform. You waive and hold harmless TherapyNow from any claims resulting from any actions taken by TherapyNow during or as a result of its investigations and from any actions taken as a consequence of investigations by either TherapyNow or law enforcement authorities.
8. Cancellation and Refund Policy
By booking a session through the Platform, you agree that you will be responsible for the full amount of any missed session fee as described in our cancellation policy.
We require at least twenty four (24) hours notice prior to cancelling your appointment. You will lose the cost of an hour session every time you cancel late or miss an appointment.
If the Therapist is more than 15 minutes late for a session, you have the right to request a full refund for the scheduled service. You agree that such refund will only occur if you terminate the session and that by proceeding with a late session you agree to forego any refund.
In the event of an emergency requiring late cancellation of a session, please email us at support@TherapyNowtherapy.com with the subject “Emergency Cancellation”.
9. Fees and Taxes TherapyNow may, in its sole discretion, offer some of the Services to you for free or charge fees in accordance with its then-current fee schedule that can be found on the Website and is subject to change, from time to time (the “Fee Schedule”). You or a responsible third party will pay any such applicable fees in accordance with the Fee Schedule (the “Fees”). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from TherapyNow. You or a responsible third party will pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save TherapyNow harmless in respect of any such taxes.
In engaging our Services you may be sent text message(s), e-mails and/or push notifications which provide you with important and useful information regarding our Services. You will be charged your mobile telephone network provider’s standard rate for receiving these SMS messages and standard wireless and data charges will apply to any e-mails or push notifications. TherapyNow does not charge you for this correspondence. Your mobile telephone network provider may impose message, standard wireless and/or data charges or charge limitations which are beyond our control and for which you will be solely responsible.
By engaging our Services, including registering for a User Account, you agree to receive e-mails and push notifications relating to our Services. If you consent during registration, you also agree to receive text messages.
You warrant that you are the owner of the mobile telephone to which you have requested the SMS message(s), e-mails and push notifications should be sent to and that you have full authority to authorize such charges and will be solely responsible for charges, if any, to be incurred by the relevant mobile telephone network provider.
We are not liable for any delays or failures in your receipt of any SMS message(s), e-mails or push notifications as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.
We reserve the right to suspend or terminate the SMS service without notice to you.
All Content, including, without limitation, all designs, infrastructure, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform are owned or licensed by TherapyNow and are protected by copyright, trade-mark and other intellectual property laws.
13. No Unlawful or Prohibited Use
You will not, without TherapyNow’s prior written permission, use the Platform, the Services and/or the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) frame, mirror or otherwise incorporate the Platform, the Services and the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor, record or copy any part of the Platform, the Services and the Content including, but not limited to, any sessions with Therapists, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Platform, the Services and the Content or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in TherapyNow’s sole and absolute discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform, the Services and the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, the Services and the Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform, the Services and the Content; (8) use the Platform, the Services and the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by TherapyNow and only in the exact manner specified and enabled by TherapyNow; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform, the Services and the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform, the Services and the Content; (11) create derivative works based on the Platform, the Services and the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use the Platform, the Services and the Content in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User the Platform, the Services, the Content or Feedback that violate such third-party rights; (13) upload to or transmit through the Platform any User Content or Feedback that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by TherapyNow in its sole discretion; (14) use any recording device or software when using the Platform, the Services and the Content; and (15) attempt to impose any charges associated with bandwidth or data in using the Platform, the Services and the Content onto TherapyNow.
You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of TherapyNow. To obtain written consent for such reproduction, please contact us at support@TherapyNowtherapy.com.
14. Third Party Websites
The Platform may provide links to third party websites. TherapyNow does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under TherapyNow’s control, and if you choose to access any such web site, you do so entirely at your own risk. By accessing and using the Platform, the Services and the Content, you expressly release and discharge us from any and all liability arising from your use of any third party website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Platform or any services obtained through the Platform or to your downloading of any material posted on the Platform, or any website linked to it.
Your use of the Platform, its content and any services obtained through the Platform is at your own risk. The Platform, its content and any services obtained through the Platform are provided by TherapyNow on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither TherapyNow nor any person associated with TherapyNow makes any warranties, guarantees or representations with respect to the completeness, security, reliability, timeliness, quality, suitability, accuracy or availability of the Platform, the Services and the Content.
16. Communications Not Confidential or Secure
TherapyNow does not guarantee the confidentiality of any communications made by you through the Platform and Services. Although TherapyNow generally adheres to accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that TherapyNow cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.
17. Disclaimer and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE PLATFORM, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS entirely AT YOUR OWN RISK. THERAPYNOW DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM). THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM) MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. THERAPYNOW DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM). IN ADDITION, THERAPYNOW EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM. THERAPYNOW MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THERAPYNOW DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM), WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM) ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL THERAPYNOW BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THERAPYNOW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM, THE CONTENT OR THE SERVICES (INCLUDING, FOR GREATER CERTAINTY, ANY MENTAL HEALTH SERVICES PROVIDED BY THERAPISTS VIA THE PLATFORM).
You acknowledge and agree that TherapyNow is not licensed to provide treatment or other medical services. You acknowledge and agree that TherapyNow is not providing any services beyond connecting you with a Therapist through the Platform and is not providing you any medical advice or diagnosis. The Platform and/or the Services provided through the Platform and Therapists is not a substitute for medical advice or treatment, including face-to-face therapy. You acknowledges and agree that the Therapists using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all therapy services, advice, instructions, treatment decisions, and other professional mental health care services performed, and that all other professional mental health care services will be provided and performed exclusively by or under the supervision of Therapists, in their sole discretion, as they deem appropriate. Any dispute between you and a Therapist is strictly between you and such Therapist, and you agree and acknowledge that TherapyNow will not be accountable for any such disputes or other complaints.
You agree that while TherapyNow does not monitor the Platform and has no responsibility to do so, TherapyNow may use your IP address and contact police in situations where it determines in its sole discretion that your use of the Platform constitutes a significant risk of serious bodily harm to you or others.
TherapyNow does not represent that it is covered by any insurance.
You covenant and agree to compensate, defend, and fully indemnify and hold harmless TherapyNow, its parents, subsidiaries, affiliates, any related companies, its licensors and their respective officers, directors, employees, shareholders, members, attorneys, contractors, agents, licensors, and suppliers from and against any and all claims, legal proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses or fees (including reasonable attorneys’ fees and costs), including but not limited to those arising out of or in connection with:
b. Any dispute that arises between you and any individual including, without limitation, a Therapist;
c. Any infringement by you in relation to your use of the Services under applicable law in your home nation or the country, state and/or city in which you are using, or have used, the Services or otherwise as a result of your fraud, negligence, mischief or willful misconduct;
d. The actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any Therapists or Support Staff or for any personal injuries, death or other damages or expenses resulted therefrom;
f. Delay, cancellation or failure that is due to events beyond TherapyNow’s control (e.g., a network failure, internet delays, rerouting, acts of any government or authority, acts of nature, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, weather, or road conditions and breakdowns); and
g. If for any reason, all or any part of the Platform is unavailable at any time or for any period. In particular, you agree to indemnify and hold harmless TherapyNow, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result, directly or indirectly, from the use of or reliance on any Content, the Platform or the Services (including, for greater certainty, any services provided by Therapists via the Platform). You further agree not to settle any such matter without TherapyNow’s prior written consent.
You hereby release TherapyNow, its officers, employees, shareholders, agents and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any TherapyNow users, Therapists, or third-party websites.
20. Geographic Application of the Platform
Not all of the products and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Platform or the Services available through the Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
21. Governing Law and Jurisdiction
You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
The word “including” or “includes” means “including (or includes) without limitation”.
No joint venture, partnership, employment or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Services.