Myndplan Terms and Conditions
The following constitute the Terms of Use for Clients using the Myndplan Platform. Please review all the information carefully before registering. Registration and/or uste of the Myndplan Platform indicate your agreement with these terms. In other words, by using this site you signify your agreement with all Myndplan Terms of Use. If you do not agree with all of these Terms of Use do not use the site.
1 General
1.1 These terms of use (the "Client Terms of Use" ) govern your access and use of the public website (the "Website" ) and the private portal which requires registration to be accessed (the "Private Portal" , and together with the Website, the "Myndplan Platform" ) located at www.myndplan.com. The words "Myndplan," "we," "us," or "our" mean, collectively, Myndplan inc. and all of its respective affiliates, successors or assigns. These Client Terms of Use govern your access to and use of the Myndplan Platform and constitute a binding legal agreement among you, as a user of the Services (as defined in Section 3 below) and Myndplan.
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
4.1 These Client Terms of Use incorporate by reference the following documents, which shall be construed as forming part of these Client Terms of Use.
4.1.1 Website Terms of Use
4.1.2 Myndplan Privacy Policy
5 Clinicians
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 Services
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.
7 Applicability of These Client Terms of Use
7.1 Your access to and use of the Myndplan Platform and the Services is conditioned on your compliance with these Client Terms of Use. By becoming a registered user and/or accessing and/or using the Myndplan Platform and Services, you agree to be bound by these Client Terms of Use and all applicable laws and regulations governing the Services. If you do not agree with these Client Terms of Use, you are not authorized to access the Myndplan Platform or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Myndplan Platform, together with the Client Terms of Use, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Myndplan Platform.
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.
9.4 By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Client Terms of Use and to provide you with any notices given pursuant to these Client Terms of Use; and (b) electronic records to store information related to these Client Terms of Use or your use of the Services. Myndplan cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
9.5 We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the Myndplan Platform or any other Myndplan sites and systems. We may also do so if we reasonably believe you are in breach of these Client Terms of Use or your Account has been or may be being used or may be used by an unauthorized person(s).
# 10 Client Profile
10.1 Your Client profile will be established and maintained for you as a registered user of the Myndplan Platform to enter, store, and access your personal information, including your personal health information ( "Personal Information" ) online, and for your Clinicians to communicate with you about your care. All of the Personal Information contained in your Client profile will be maintained in accordance with the Client Terms of Use and our Client Privacy Policy.
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.
13 Privacy
13.1 When you use the Myndplan Platform, Myndplan will collect certain Personal Information from you as set forth in more detail in our Client Privacy Policy, which is hereby incorporated by reference. By registering on the Myndplan Platform, you agree that Myndplan may collect, use, and disclose your Personal Information as set forth in our Client Privacy Policy.
14 Acceptable Use
14.1 As a condition of your continued access to and use of the Myndplan Platform and the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the "Acceptable Use" set forth in the Website Terms of Use. Specifically, in addition, without limiting the foregoing, you agree not to:
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
15.1 We or our third party service providers retain all right, title and interest in and to the Myndplan Platform and all content that you see or otherwise experience on the Myndplan Platform ("Content"), including all copyrights, patents, trade secrets, trade-marks and other intellectual property rights. We reserve all rights not expressly granted in these Client Terms of Use. These Client Terms of Use do not grant or imply any rights to any of our Services or Content, including our trade-marks, trade names and logo designs, or those of our third party service providers. You may not use any of our Content, including names, trade-marks, logo designs or copyrights, in any manner without our prior written consent. All copies and reproductions of our Content that you make must retain all copyright and other notices that are on the Myndplan Platform or any of our social media sites.
16 Your License to Use the Services
16.1 When you use the Myndplan Platform and our Services you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Client Terms of Use, Myndplan grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Myndplan solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Client Terms of Use, without Myndplan's express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Myndplan or its licensors, except for the licenses and rights expressly granted in these Client Terms of Use.
17 Disclaimer
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 Indemnification
18.1 You agree to indemnify and hold harmless Myndplan, its affiliates, members, directors, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of the Myndplan Platform, connection thereto, or any alleged violation by you of these Client Terms of Use, including, without limitation, the Code of Conduct (as set out in the Website Terms of Use).
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
19.1 IN NO EVENT SHALL MYNDPLAN OR MYNDPLAN'S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF MYNDPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICES OR THE CLIENT TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
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.
21 Changes
21.1 Myndplan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Myndplan Platform (or any part thereof) with or without notice. Further, Myndplan reserves the right to change these Client Terms of Use at any time and to notify you by posting an updated version of the Client Terms of Use on this Website. You are responsible for regularly reviewing the Client Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Myndplan Platform after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Myndplan Platform constituting consideration from Myndplan to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Client Terms of Use (2) any policy or practice of ours in operating the Myndplan Platform or (3) any Content available through the Myndplan Platform, is to stop visiting and using the Myndplan Platform.
22 Termination.
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.
22.2 We may suspend or terminate your right to use our Services or the Myndplan Platform at any time, in the event that you breach these Client Terms of Use, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Myndplan will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Clinicians are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you. Upon termination of your right to use our Services or the Myndplan Platform or our termination of the Services or Myndplan Platform, all licenses and other rights granted to you by these Client Terms of Use will immediately terminate.
22.3 Despite anything to the contrary, all of your covenants, agreements, representations and warranties made in these Client Terms of Use will survive the termination, suspension or cancellation of your access to the Myndplan Platform and remain in full force and effect.
23 Area of Service
23.1 Unless otherwise agreed by Myndplan, the Services described in these Client Terms of Use are solely offered within Canada.
24 Applicable Laws
24.1 Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Client Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Client Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Client Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Client Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Client Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. These Terms of Use and any and all other legal notices or statements posted on the Myndplan Platform constitute the entire agreement between you and Myndplan with respect to the use of the Myndplan Platform, including the Services and the Content.
25 Exceptions
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 Notice
26.1 Notices to you may be made via email or regular mail, or in cases of changes to these Client Terms of Use or to the Services offered by the Myndplan Platform, by posting notices or links to such notices on the Website itself.
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.
26.3 If you have any questions or comments regarding these Client Terms of Use please contact us at info@myndplan.com.
26.4 Last Update: May 27 2021