Myndplan Terms and Conditions
2 Not for emergencies
2.1 USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
2.2 IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
3 Medical Advice and/or Treatment
3.1 While the Services may provide access to different types of general medical information, the Services cannot and are not intended to provide medical advice. ALWAYS seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never avoid, delay or disregard in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.
3.2 THE CONTENT ON THE WEBSITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR PHYSICIAN OR OTHER REGULATED HEALTH PROFESSIONAL FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
4 Documents Incorporated by Reference
5.1 As a Client on the Myndplan Platform, you may choose to share your personal health information with a mental health treatment provider who is qualified to provide psychotherapy services (a "Clinician") and is registered as a Clinician on the Myndplan Platform. Clinicians may include, but are not limited to, psychiatrists, psychologists, social workers, occupational therapists, and psychotherapists. "Clinicians" include employees, agents, or independent contractors of Clinicians.
6.1 The Myndplan Platform includes, without limitation, the following services (collectively, the "Services" ):
6.1.1 The delivery of content such as text, graphics, images, questionnaires, surveys, educational and other material, to Clients;
6.1.2 The display of scores, tabulations, statistics and other information summarizing data to Clients and to Clinicians;
6.1.3 The facilitation of communication between Clients and Clinicians using messaging and other features,
6.1.4 The provision of other information about Myndplan and our products and services through the Myndplan Platform.
6.2 Myndplan is not a provider of telemedicine or telemedicine services.
6.3 THE SERVICES DO NOT INCLUDE THE PROVISION OF HEALTH CARE SERVICES, MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES, OR ANY OTHER PROFESSIONAL SERVICES BY MYNDPLAN. Myndplan is simply a technology service provider that facilitates the Services through the Myndplan platform.
6.4 CLINICIANS ARE NOT THE EMPLOYEES OR AGENTS OF MYNDPLAN AND ARE NOT CREDENTIALED BY MYNDPLAN. MYNDPLAN DOES NOT HAVE ANY OVERSIGHT OF THE CARE PROVIDED TO YOU BY CLINICIANS. Each Clinician is an independent practitioner who is solely responsible for any health care services or social or psychotherapy services provided to you, and is also solely responsible for obtaining your informed consent, where required, to any medical treatment, including without limitation, your consent to use the Services, to the extent such consent is required by applicable provincial/territorial legislation.
8 Eligibility Requirements
8.1 Access to certain portions of the Myndplan Platform, Services and Content is restricted to users registered on the Myndplan Platform.
8.2 Even if you are accepted as a registered user there is no guarantee that a clinician will accept your invitation to connect. If a Clinician determines that use of some or all of the Services is not appropriate for some or all of your treatment needs, we recommend that you elect not to make use of the respective Services.
9 Registration and Passwords
9.1 In order to access the Private Portal and certain of the Services you will be required to complete an online registration form and become a registered user of the Myndplan Platform by creating an account ("Account"). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services.
9.2 In consideration for your use of the Myndplan Platform and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which the Myndplan Platform may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
9.3 Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Myndplan Platform under such password or username. You agree to immediately notify Myndplan of any unauthorized use of your password or username or any other breach of security.
# 10 Client Profile
10.2 By consenting to receive the Services using the Myndplan Platform, you consent to the inherent material risks associated with the electronic uploading, transmission and storage of your Personal Information. By providing or uploading any of your Personal Information to the Myndplan Platform, you are consenting to the collection, use and disclosure of your Personal Information for the purposes of providing the Services to you and for consistent purposes. Although Myndplan uses advanced encryption technology and other security protocols to protect your Personal Information, you acknowledge by using the Myndplan Platform that there are inherent risks to any technology however remote that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your Personal Information. Myndplan will notify you to the extent required by law of any security protocol failure or breach that has resulted in the unauthorized collection, use or disclosure of your Personal Information.
11 Responsibility for Your Care
11.1 Your medical care and your mental health care are solely the responsibility of you and your Clinician(s).
11.2 Under the Services, mental health care services or social or psychotherapy services are provided exclusively by Clinicians. Myndplan supports Clinicians by providing them with a license to use our intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information and access to Myndplan's technology platform. However, exclusive control and responsibility for the delivery of mental health care services or social or psychotherapy services is reserved to Clinicians.
12 Verification of Clinicians
12.1 While Myndplan requires Clinicians to list their professional credentials, we are not responsible for credentialing Clinicians, make no representation regarding the accuracy of Clinicians' credentials, and expressly disclaim any liability for fraudulent credentials or claims by Clinicians. MYNDPLAN STRONGLY RECOMMENDS THAT YOU CONFIRM THAT YOUR CLINICIAN IS IN GOOD STANDING WITH HER OR HIS RESPECTIVE LICENSING BOARD, REGULATORY COLLEGE, AND/OR PROFESSIONAL ASSOCIATION.
14 Acceptable Use
14.2 Upload, post, email or otherwise transmit any Content (as defined in Section 15 below) to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);
14.3 Use the Services to collect or store personal data about other users without their express permission;
14.4 conduct any systematic or automated data collection (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Myndplan’s express written consent.
14.5 Use the website to transmit or send unsolicited commercial communications.
14.6 Knowingly include or use any false or inaccurate information in any profile;
14.7 Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
14.8 Attempt to probe, scan or test the vulnerability of any Myndplan system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
14.9 Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
14.10 Use the Services in any way that competes with Myndplan, including, without limitation, misrepresenting one's identity or posing as a current or prospective Client in order to solicit or recruit Clinicians, directly or indirectly; or
14.11 Encourage or instruct any other person or entity to do any of the foregoing.
15 Intellectual Property Rights
16 Your License to Use the Services
17.1 Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
17.2 MYNDPLAN AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MYNDPLAN AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICES SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS.
17.3 IN ADDITION, MYNDPLAN AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY MYNDPLAN WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
17.4 WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND WEBSITE CONTENT ARE DEVELOPED FOR USE IN CANADA AND MYNDPLAN AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR WEBSITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
17.5 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.
18.2 In particular, you agree to indemnify and hold harmless Myndplan, its affiliates, members, directors, 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 from the use of or reliance on any Content.
19 Limitation of Liability
19.2 NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF THE CLINICIANS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE PROVINCIAL/TERRITORIAL LAWS. IN MANY JURISDICTIONS, CLINICIANS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A CLIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL MYNDPLAN BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A CLINICIAN FROM WHOM YOU RECEIVE MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES. MYNDPLAN IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A CLINICIAN PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MYNDPLAN OR MYNDPLAN'S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
20 Errors and Inaccuracies.
20.1 The information on the Myndplan Platform may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Myndplan reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Myndplan will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Myndplan reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Myndplan Platform, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
22.1 You may terminate your Account at any time and for any reason by providing written notice to Myndplan. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Myndplan.
23 Area of Service
24 Applicable Laws
25.1 Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit Myndplan’s liability in respect of any:
25.1.1 Death or personal injury caused by Myndplan’s negligence;
25.1.2 Fraud or fraudulent misrepresentation on the part of Myndplan; or
25.1.3 Matter which it would be illegal or unlawful for Myndplan to exclude or limit, or to attempt or purport to exclude or limit, its liability.
26.2 You agree that it is the express wish of the parties that this agreement and all related documents be drawn up in English. Vous êtes d'accord que c'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
26.4 Last Update: May 27 2021