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Terms of Use (Adult Patient)

These terms of use (the “Patient 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 “Platform”) located at encompascare.portal.gs. Pursuant to an arrangement between Dalton Associates and Greenspace Mental Health Ltd., the Platform is made available by Greenspace Mental Health Ltd. for use by Dalton Associates, its subsidiaries, employees, contractors and patients. The words “Company,” “we,” “us,” or “our” mean, collectively, Greenspace Mental Health Ltd. and all of its respective affiliates, successors or assigns. These Patient Terms of Use govern your access to and use of the Platform and constitute a binding legal agreement among you, as a user of the Services (as defined in Section 4 below) and the Company.

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.

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.

  1. Documents Incorporated by Reference
  2. These Patient Terms of Use incorporate by reference the following documents, which shall be construed as forming part of these Patient Terms of Use.

  3. Treatment Providers
  4. A “Treatment Provider” is a regulated professional who is permitted to provide psychotherapy services and is registered as a Therapist on the Platform. Treatment Providers may include, but are not limited to, psychiatrists, psychologists, social workers, occupational therapists, and psychotherapists. “Treatment Providers” include employees, agents, or independent contractors of Treatment Providers.

  5. Primary Care Providers
  6. A “Primary Care Provider” is a regulated professional who is permitted to provide health care services and is registered as a Primary Care Provider on the Platform (and together with a Treatment Provider, a “Provider”). Primary Care Providers may include, but are not limited to, physicians and nurse practitioners.

  7. Services
  8. The Platform includes, without limitation, the following services (collectively, the "Services" ):

    1. the facilitation of the delivery of assessments to You as provided by you or your child's Treatment Provider(s) and/or Primary Care Provider(s), as applicable;
    2. the display of the results of such assessments to You and your Treatment Provider(s) and/or Primary Care Provider(s);
    3. the creation and storage of progress notes by your Treatment Provider(s) and/or Primary Care Provider(s);
    4. if requested, matching You with a Treatment Provider; and
    5. the provision of other information about the Company and our products and services through the Platform.

    For clarity, the Company is not a provider of telemedicine or telemedicine services.

    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 THE COMPANY. The Company is simply a technology service provider that facilitates the Services through the Platform.

    PROVIDERS ARE NOT THE EMPLOYEES OR AGENTS OF THE COMPANY AND ARE NOT CREDENTIALED BY THE COMPANY. THE COMPANY DOES NOT HAVE ANY OVERSIGHT OF THE CARE PROVIDED TO YOU BY PROVDERS. Each Provider 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.

  9. Applicability of These Patient Terms of Use
  10. Your access to and use of the Platform and the Services is conditioned on your compliance with these Patient Terms of Use. By becoming a registered user and/or accessing and/or using the Platform and Services, you agree to be bound by these Patient Terms of Use and all applicable laws and regulations governing the Services. If you do not agree with these Patient Terms of Use, you are not authorized to access the Platform or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platform, together with the Patient 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 Platform.

  11. Medical Advice
  12. While the Services may provide access to certain general medical information, 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 Website. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

    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.

  13. Eligibility Requirements
  14. Access to certain portions of the Platform, Services and Content is restricted to users registered on the Platform.

    There is no guarantee that you will be accepted as a registered user. Even if you are accepted as a registered user and (i) have a pre-existing connection with a registered Treatment Provider or Primary Care Provider; (ii) or are matched with a Treatment Provider, your Treatment Provider or Primary Care Provider may determine that use of the Services is not appropriate for some or all of your treatment needs, and accordingly may elect not to facilitate your use of the Services.

  15. Registration and Passwords
  16. 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 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.

    In consideration for your use of the 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 Platform may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

    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 Platform under such password or username. You agree to immediately notify the Company of any unauthorized use of your password or username or any other breach of security.

    By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Patient Terms of Use and to provide you with any notices given pursuant to these Patient Terms of Use; and (b) electronic records to store information related to these Patient Terms of Use or your use of the Services. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

    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 Platform or any other Company sites and systems. We may also do so if we reasonably believe you are in breach of these Patient Terms of Use or your Account has been or may be being used or may be used by an unauthorized person(s).

  17. Patient Profile
  18. Your Patient profile will be established and maintained for you as a registered user of the Platform to enter, store, and access your or your child's personal information, including your or your child's personal health information (“Personal Information”) online, and for your Treatment Providers to communicate with you about your care. All of the Personal Information contained in your Patient profile will be maintained in accordance with the Patient Terms of Use and our Patient Privacy Policy.

    By consenting to receive the Services using the 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 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 the Company uses advanced encryption technology and other security protocols to protect your Personal Information, you acknowledge by using the 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. The Company will notify you to the extent required by law of any security protocol failure or breach that has resulted in in the unauthorized collection, use or disclosure of your Personal Information.

  19. Responsibility for Your Care
  20. Your or your child's medical care and your mental health care are solely the responsibility of you and your Provider(s), as applicable.

    Under the Services, mental health care services or social or psychotherapy services are provided exclusively by Treatment Providers and/or Primary Care Providers. The Company supports Providers 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 The Company's technology platform. However, exclusive control and responsibility for the delivery of mental health care services or social or psychotherapy services is reserved to Providers.

  21. Verification of Treatment Providers
  22. All Treatment Providers available through the Platform represent that they are permitted to provide psychotherapy services and are a member in good standing with the regulatory college of their jurisdiction. The Company requires Treatment Providers to represent and warrant that that they are in good standing with their respective regulatory college and to immediately apprise the Company of any changes to such status. The Company conducts limited credential checks and other verifications of Treatment Providers and the information they have provided to the Company. However, the Company is not responsible for credentialing Treatment Providers, makes no representation regarding the accuracy of Treatment Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Treatment Providers. In addition, changes in your Treatment Provider’s professional status after we perform an initial credential check. We recommend that you separately confirm that your Treatment Provider is in good standing with his or her respective regulatory college.

  23. Verification of Primary Care Providers
  24. All Primary Care Providers available through the Platform represent that they are permitted to provide health care services and are a member in good standing with the regulatory college of their jurisdiction. The Company requires Primary Care Providers to represent and warrant that that they are in good standing with their respective regulatory college and to immediately apprise the Company of any changes to such status. The Company conducts limited credential checks and other verifications of Primary Care Providers and the information they have provided to the Company. However, the Company is not responsible for credentialing Primary Care Providers, makes no representation regarding the accuracy of Primary Care Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Primary Care Providers. In addition, changes in your Primary Care Provider’s professional status after we perform an initial credential check. We recommend that you separately confirm that your Primary Care Provider is in good standing with his or her respective regulatory college.

  25. Sharing of Information Between Providers
  26. If you are referred to the Platform by a Primary Care Provider and complete an intake questionnaire to be matched with a Treatment Provider, your personal information and progress results will be available to both Providers. By submitting such a request to be matched with a Treatment Provider, you expressly consent to the use of electronic means to share such personal information and progress results with both Providers.

  27. Privacy
  28. When you use the Platform, the Company will collect certain Personal Information from you as set forth in more detail in our Patient Privacy Policy, which is hereby incorporated by reference. By registering on the Platform, you agree that the Company may collect, use, and disclose your Personal Information as set forth in our Patient Privacy Policy.

  29. Conduct
  30. As a condition of your continued access to and use of the Platform and the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth in the Website Terms of Use. Specifically, in addition, without limiting the foregoing, you agree not to:

    1. upload, post, email or otherwise transmit any Content (as defined in Section 13 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);
    2. use the Services to collect or store personal data about other users without their express permission;
    3. knowingly include or use any false or inaccurate information in any profile;
    4. circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
    5. attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
    6. 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;
    7. use the Services in any way that competes with the Company, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Treatment Providers, directly or indirectly; or
    8. encourage or instruct any other person or entity to do any of the foregoing.
  31. Intellectual Property Rights
  32. We or our third party service providers retain all right, title and interest in and to the Platform and all content that you see or otherwise experience on the Platform (“Content”), including all copyrights, patents, trade secrets, trade-marks and other intellectual property rights. We reserve all rights not expressly granted in these Patient Terms of Use. These Patient 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 Platform or any of our social media sites.

  33. Your License to Use the Services
  34. When you use the 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 Patient Terms of Use, the Company 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 the Company 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 Patient Terms of Use, without the Company’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 the Company or its licensors, except for the licenses and rights expressly granted in these Patient Terms of Use.

  35. Disclaimer
  36. 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.

    THE COMPANY 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. THE COMPANY 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.

    IN ADDITION, THE COMPANY 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 THE COMPANY WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

    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 THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR WEBSITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

    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.

  37. Indemnification
  38. You agree to indemnify and hold harmless the Company, 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 Platform, connection thereto, or any alleged violation by you of these Patient Terms of Use, including, without limitation, the Code of Conduct (as set out in the Website Terms of Use).

    In particular, you agree to indemnify and hold harmless the Company, 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.

  39. Limitation of Liability
  40. IN NO EVENT SHALL THE COMPANY OR THE COMPANY’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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICES OR THE PATIENT TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

    NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF THE TREATMENT PROVIDERS 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, TREATMENT PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A TREATMENT PROVIDER FROM WHOM YOU RECEIVE MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES. THE COMPANY IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A TREATMENT PROVIDER PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE COMPANY OR THE COMPANY’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.

  41. Errors and Inaccuracies.
  42. The information on the Platform may contain typographical errors or other errors or inaccuracies, and may not be complete or current. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. The Company will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. The Company reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Platform, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

  43. Changes
  44. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Further, the Company reserves the right to change these Patient Terms of Use at any time and to notify you by posting an updated version of the Patient Terms of Use on this Website. You are responsible for regularly reviewing the Patient Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Platform after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Platform constituting consideration from the Company to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Patient Terms of Use (2) any policy or practice of ours in operating the Platform or (3) any Content available through the Platform, is to stop visiting and using the Platform.

  45. Termination.
  46. You may terminate your Account at any time and for any reason by providing written notice to the Company. 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 the Company.

    We may suspend or terminate your right to use our Services or the Platform at any time, in the event that you breach these Patient 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, the Company 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 Treatment Providers 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 Platform or our termination of the Services or Platform, all licenses and other rights granted to you by these Patient Terms of Use will immediately terminate.

    Despite anything to the contrary, all of your covenants, agreements, representations and warranties made in these Patient Terms of Use will survive the termination, suspension or cancellation of your access to the Platform and remain in full force and effect.

  47. Area of Service
  48. Unless otherwise agreed by the Company, the Services described in these Patient Terms of Use are solely offered within Canada.

  49. Applicable Laws
  50. Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Patient 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 Patient Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Patient Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Patient 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 Patient 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 Platform constitute the entire agreement between you and the Company with respect to the use of the Platform, including the Services and the Content.

  51. Notice
  52. Notices to you may be made via email or regular mail, or in cases of changes to these Patient Terms of Use or to the Services offered by the Platform, by posting notices or links to such notices on the Website itself.

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.

If you have any questions or comments regarding these Patient Terms of Use please contact us at info@greenspacehealth.com.

Last Update: April 9, 2020