Online Course Terms and Conditions
The online courses offered by Held Humanity Counselling (the “Courses”) on the Held Humanitycounselling.com website are created and sold by Held Humanity Counselling and Social Services Inc. (“us”, “we”, “our”). By purchasing a Course from us, you agree to comply with and be legally bound by the following terms (the “Course Terms”). In addition, you agree to comply with and be legally bound by our general Terms of Use and Privacy Policy, which are incorporated into these Course Terms and form part of your contract with us.
1. Acceptance of Terms
Please read these Course Terms carefully before purchasing a Course from us. If you purchase a Course, you will be deemed to have accepted these Course Terms.
2. Course Terms of Use Subject to Amendment
We may, at any time, for any reason, and without notice, make changes to our Courses or these Course Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement will take effect when posted and will be subject to these Course Terms, as amended from time to time. By purchasing a Course, you will be deemed to have accepted and agreed to be bound by any such changes.
3. Cancellation and Refunds
Requests for refunds must be submitted through the SamCart platform (as defined below). If you request a refund at least 72 hours prior to the start of a Course, we will provide you with a full refund. If you request a refund at least 48 hours, but less than 72 hours, prior to the start of a Course, we will provide you with a partial refund of 50%. No refunds will be provided less than 48 hours prior to the start of a Course or once a Course has commenced.
4. Copyright
The Courses are protected by copyright under the copyright laws of Canada and international copyright laws and treaty provisions. Reproduction of the Courses, or any part of the Courses, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Courses.
5. License
When you purchase a Course from us, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Course you have purchased. By purchasing a Course, you do not gain ownership, nor can you claim the Course as your own.
6. Usage of Courses
The Courses are intended for personal use only and may not be used for any professional, commercial, or other business purposes. Courses may only be used by the purchaser. Your purchase of a Course does not entitle you to modify, share, resell, redistribute, or copy the Courses in any form.
7. Course Platform
The Courses are hosted and sold through an online course platform operated by SamCart Inc. (“SamCart”), a third-party service provider, and use of the Courses may be subject to the terms of use and privacy policy of SamCart. We do not control and will not be responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within the SamCart platform.
8. Software Requirements
Our Courses do not include the software needed to access them. Before purchasing a Course, please make sure you have an appropriate version of a web browser to view the Course. While we expect that our Courses will be accessible through most web browsers, we do not make any representations or guarantees that the Courses will be accessible with a particular web browser.
9. Storage and Backup of Files
You are responsible for the appropriate storage and backup of any purchased Course content, if applicable. We are not responsible for any lost files. We will endeavour to facilitate ongoing and unlimited access to purchased Course content through the SamCart platform; however we may, at any time, for any reason, and without notice, make changes to such access (for example, in response to changes in SamCart’s terms and conditions or if we choose to transition to a different online course provider).
10. No Substitute for Professional Advice
We do not provide advice of any kind in connection with our Courses. Any suggestions, recommendations, or other content included with our Courses are intended to build your general knowledge in a variety of mental health topics. The Courses are not intended to be a substitute for participation in therapy or counselling with a mental health professional. You are solely responsible for seeking appropriate professional advice prior to making use of our Courses or acting on information given in our Courses.
11. No Representations or Warranties
The information contained in our Courses is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the Courses for any purposes.
Our Courses are made available to you on an “as is” basis and your use of the Courses, and any reliance you place on the Courses, is entirely at your own risk, for which we will not be liable. We expressly deny any and all warranties and representations, express or implied, regarding the Courses. For greater certainty, we do not represent nor warrant that the purchase of a Course will satisfy your purposes. It will be your own responsibility to ensure that the Course you purchase meets your specific requirements.
12. Limited Liability
Your use of the Courses is at your own risk. In no event will Held Humanity Counselling and Social Services Inc., its affiliates, or any of their respective directors, officers, shareholders, employees, or agents, be liable for any losses or damages, financial or otherwise, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our Courses. We take no responsibility for, and will not be liable for, any error or inaccuracies in our Courses. The limitations in this section apply notwithstanding the failure of the essential purpose of any limited remedy.
13. Changes to Courses or Fees
In connection with any purchase of Courses from us, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features of the Courses. We also reserve the right to change any prices and initiate any new fees in connection with the Courses.
14. Indemnity
You agree to indemnify, defend, and hold harmless Held Humanity Counselling and Social Services Inc., its affiliates, and their respective directors, officers, shareholders, employees, and agents from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to, or use of the Courses, your violation of these Course Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Courses. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
15. Privacy
Certain information that we collect about you is subject to our Privacy Policy, the terms of which are incorporated into these Course Terms. Please see our full Privacy Policy for more details.
16. Severability
The invalidity or unenforceability of any provision of these Course Terms will not affect the validity or enforceability of any other provision of these Course Terms and any such invalid or unenforceable provision will be deemed to be severable.
17. Waiver
No waiver of any breach of any provision of these Course Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
18. Assignment
We have the right to assign these Course Terms in relation to a merger, acquisition, corporate reorganization, by operation of law, or otherwise.
19. Jurisdiction
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Course Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
20. Contact
If you have any questions or concerns about these Terms, please contact us in writing at lauren@heldhumanitycounselling.com.
Privacy Policy
We are committed to protecting the privacy of our users while they interact with the content and services on this Website. Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it.
Please read this Privacy Policy carefully. You agree that by using the Website or engaging with us on social media, you are deemed to have accepted and agreed to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Website or engage with us on our social media accounts.
Capitalized terms used in this Privacy Policy that are not defined have the meanings assigned to them in our Terms of Use.
1. Definition of Personal Information
Personal information is defined as information that can identify an individual and information about an identifiable individual, which means a person can be identified by the information either directly or in combination with other information.
2. Basis for Collecting Personal Information
We collect and process your personal information only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of our contractual rights or obligations, the legitimate business interests of us or third parties (provided that processing your data for a legitimate business interest does not outweigh your rights and freedoms), and complying with applicable law.
(a) Consent: We may use your personal information, or permit selected third parties to use your personal information, based on your consent to our use and sharing of that information. You may withdraw your consent at any time, but doing so may affect your ability to use the Website.
(b) Contractual obligations: We may use and process your information to enter into a contract with you and to perform our contractual obligations to you.
(c) Legitimate business interests: We may use and process your personal information for our legitimate business interests, which include, among other things, communicating with you, improving our services, improving our Website, and providing you with the information or services that you have requested.
(d) Compliance with applicable law: We may use or process your data as required for us to comply with legal obligations.
3. Information we Collect
We collect personal information when you choose to access or use the Website, purchase services, consent to receive email or text messages, comment on blog posts, or engage with us on social media.
Personal information that we may collect may include:
(a) personal identifying information such as your name, address(es), telephone number(s), email address(es);
(b) derivative data such as IP address(es), browser type, mobile device name and type, dates and times you access our Website, the specific pages you view, and other interactions with our Website;
(c) location data and demographic data such as your gender and age;
(d) financial and billing information (such as credit card numbers) in connection with purchases made on the Website;
(e) personal information connected with your social media accounts such as your username, profile picture, and any other information you make available to the public on your social media accounts;
(f) any content that you generate, or that is connected to you, as a result of creating an Account or purchasing services;
(g) other content that you submit or post on the Website;
(h) any other information you provide us through a web form, by updating or adding information to your Account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us; and
(i) additional information we are required or authorized by applicable laws to collect and process in order to authenticate or identify you or to verify the information we have collected.
Some of the personal information set out above may be collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. By accessing and using the Website, you understand that your personal information will be transferred to such third parties and will also be subject to the privacy policy and practices of such third parties.
4. How we Use your Personal Information
We use your personal information to provide you with an enjoyable and convenient online experience; offer you services, including the use of our Website; fulfill our contractual obligations to you; correspond with you; process payments or refunds; contact you about new offerings we think you might be interested in; interact with you via social media; send you a newsletter or other updates about the Website; request feedback from you; notify you of updates to our service offerings; resolve disputes and troubleshoot any problems; customize your interaction with our Website; compile anonymous statistical data for our own use or for a third party’s use; assist law enforcement as necessary; prevent fraudulent activity on our Website; and analyze trends to improve our offerings and our Website.
We store your data and transmit it to a third party for processing, but we do so to the extent necessary to serve our legitimate business interests (such as providing you with the opportunity to purchase our services and interact with our Website). We use non-identifying and aggregate information to better design our Website and for legitimate business and administrative purposes.
We are not liable or responsible for the personal or other information you choose to submit in forums such as a comment board or any other publicly accessible area of the Website or our social media channels.
5. Disclosure of Personal Information
There are certain circumstances in which we may share your personal information with certain third parties. The following are specific reasons why we may share your information:
(a) Legitimate business interests: We may share your information with third-party processors as needed to serve our legitimate business interests, which include administration of our Website, administration of your Account, entering into contracts with you, communicating with you, taking orders services, delivering our services, identifying trends, protecting the security of our company, and communicating with you about additional services. The legal basis for our disclosure of your information consists of your consent to this Privacy Policy and our right to protect and promote our legitimate business interests.
(b) Third-party service providers: We engage third parties to perform various tasks and provide services to us, including, without limitation, hosting and maintenance services, payment processing, email delivery, client relationship management, database storage and management, background checks, identification verification, and direct marketing campaigns. We may not always disclose these third-party processors if not required by law. We will share your personal information with these third parties, but only to the extent necessary to perform these functions and provide us with such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
(c) Law enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with applicable laws. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our property or rights or the property or rights of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable laws.
(d) To protect our company: We may use your information to protect our company, including to investigate and remedy any violations of our rights, policies, or Terms of Use. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
(e) Business transfers: We may sell, transfer, or otherwise share some or all of our assets, including your personal information, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy. You acknowledge that such business transfers may occur and that your personal information can continue to be stored, used, or processed as otherwise set forth in this Privacy Policy.
(f) Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the Website.
(g) Other purposes: We may disclose your personal information as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
6. Processing your Information
In most instances, it will be necessary for us to transmit your information to a third-party processor, as we do not have the capability to perform certain functions. However, we may, from time to time, process your data internally. The legal bases for this processing are your consent to the processing, our need to conduct our legitimate business interests, and to comply with legal obligations. Our purposes in processing this information, if we do, is to administer, maintain, and improve our offerings and our Website, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our clients (including you), and any third parties.
We may process the following data: data associated with your Account, such as your name, address, email address, and payment information; data about your usage of our Website, such as your IP address, geographical information, and how long you accessed our website and what you viewed; data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details; data that you provide us in the course of using our services; data that you post on our website, such as comments or responses to blogs; data that you submit to us when you make an inquiry regarding our offerings or our Website; data related to your transactions with us, including your purchase of our services, which information may include contact details and payment information; data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information; data that you submit to us via correspondence, such as when you email us with questions; and any other data identified in this Privacy Policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other person.
7. Data Retention
We retain your personal information as long as it is needed to conduct our legitimate business purposes and in compliance with our professional obligations. In addition, we may retain your personal information, to comply with applicable laws, comply with our legal and professional obligations, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms, or take other actions permitted or required by applicable laws. After it is no longer necessary for us to retain your personal information, as determined by us in our sole discretion in accordance with applicable laws, we dispose of it in a secure manner according to our data retention and deletion policies.
Notwithstanding the above, we do not store your financial or billing information. When you submit your credit card information to us in connection with a purchase of services on our Website, it is transmitted through the in-app payment processor on JaneApp powered by Stripe Payments Canada, Ltd., which is a PCI DSS compliant Level 1 Service Provider. You should review the Privacy Policy of JaneApp and Stripe to determine how they use, disclose, and protect your financial data.
We will honor your request to delete your data, as described more fully below, unless we are required by law or our professional obligations to retain access to the data. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom We’ve transmitted your data, delete that data, you will need to contact those third parties directly.
We may retain usage data (that is, data that is gathered by our company or third-party analytics companies for the purpose of analyzing the use of our Website) as needed for internal analysis purposes. This type of data is usually retained for a shorter period of time than personal data, unless the data is necessary to improve the security or functionality of our offerings or our Website, or we are legally obligated to retain the data for a longer period of time.
8. Security of your Information
In recognition of our legal obligation to protect your personal information, we have made arrangements to protect against unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take physical and electronic security measures to safeguard and secure the information and data stored on our system to a level appropriate to the type of data involved.
9. Location of Data
We may create, maintain, store, process, and archive information on servers that are not located on our immediate premises and may be located in Canada, the USA, or another country, where the laws may not be as strict as those in other countries and may be deemed by other countries to have inadequate data protection. Please be advised that a foreign government may be able to access data relating to your use of the Website, including your personal information, for lawful access purposes. If you continue to use the Website, you consent and continue to consent to us creating, maintaining, storing, processing, and archiving information on servers located on a third party’s premises within Canada, the USA, or another country.
Data that is provided to us is stored on secure servers and we have agreements in place with our affiliates and contractors that include standard contractual clauses to protect your rights with respect to your information. Payment information and other sensitive data will be encrypted to ensure its safety.
Notwithstanding the above, all personal information obtained in the course of providing services to clients are processed and stored through JaneApp in accordance with the requirements for allied health businesses under the Personal Information Protection and Electronic Documents Act (PIPEDA) and the British Columbia Personal Information Protection Act (PIPA). You should review the Privacy Policy of JaneApp to determine how they use, disclose, and protect your personal information.
10. Consent for Collection, Use, and Disclosure
By accessing and using our Website or interacting with us on social media, we consider you to have given us consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy. Once this consent has been given, we will continue to collect, use, and disclose your personal information for purposes set out in this Privacy Policy without obtaining further written or verbal consent to do so. We may also collect, use, or disclose personal information about an individual without that individual’s consent as permitted under applicable laws.
11. Tracking Technologies
We use tracking technologies to passively collect demographic information, personalize your experience on our Website, and monitor advertisements and other activities.
We make use of log files, which log visitors to Website. This is generally a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files may include without limitation internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and the number of clicks. This information is used to analyze trends, administer our Website, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies, which are small files sent to us by your computer, and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto the Website, for personalization, for security, for targeted advertising, or for analysis of the performance of our Website. For example, cookies may allow us to recommend blog posts to you based on what you have read on Website in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our Website. This information helps us to understand the use of our Website and to improve our Website. We may link cookie information to personal information.
Most browsers are automatically set to accept cookies whenever you visit a website. If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Website and may result in some areas of our Website not functioning properly. More detailed information about cookie management with specific web browsers can be found at the website for your particular browser. By continuing to use our Website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this Privacy Policy.
12. Website Analytics
We may partner with third-party analytic companies, including without limitation Google Analytics and Wix Analytics Reports. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of our Website to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access our Website, you must consent to the collection and use of your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
13. Third Party Websites
Our Website may include links to other websites. These links are provided for your convenience only. We do not control or endorse such third-party websites and we are not responsible for the privacy practices and policies of such third-party websites. Please read the privacy policies of any other company or website you may link to from our Website prior to providing your personal information in connection with such third-party website, products, or services. This Privacy Policy applies only to our Website and the personal information collected by us directly through this Website. We are not responsible for any damage or consequences you suffer by accessing third-party websites using links provided on our Website.
14. Promotional and Marketing Communications
We only send promotional and marketing communications with your consent. We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. If you no longer wish to receive these or other communications from us, please send us an email at the email address provided below. You can also stop receiving newsletter email communications from us by clicking on the ‘‘unsubscribe’’ link provided in such communications.
Notwithstanding the above, we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
15. Sensitive Data
You can choose not to provide any personal information to us or to withdraw your consent for the collection, use, or disclosure of your personal information for purposes set out in this Privacy Policy. If you choose to do so, you may not have access to certain features of the Website and we may not be able to provide you with certain products or services, or customer support offered to our visitors and users under this Privacy Policy and our Terms of Use.
We only send promotional and marketing communications with your consent. If you no longer wish to receive these or other communications from us, please send us an email at the email address provided below. You can also stop receiving newsletter email communications from us by clicking on the “unsubscribe” link provided in such communications.
16. Withdraw Consent
You can choose not to provide any personal information to us or to withdraw your consent for the collection, use, or disclosure of your personal information for purposes set out in this Privacy Policy. If you choose to do so, you may not have access to certain features of the Website and we may not be able to provide you with certain products or services, or customer support offered to our visitors and users under this Privacy Policy and our Terms of Use.
We only send promotional and marketing communications with your consent. If you no longer wish to receive these or other communications from us, please send us an email at the email address provided below. You can also stop receiving newsletter email communications from us by clicking on the “unsubscribe” link provided in such communications.
17. Requests to Access, Correct, or Delete
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. Upon your request, we will remove your personal information from view as soon as reasonably possible, in accordance with applicable laws.
18. Improper Collection and Misuse of Personal Information
Please report any improper collection or misuse of personal information provided on the Website to us at the email address provided below. Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.
19. Security Disclaimer
By consenting to the Terms of Use of the Website and this Privacy Policy, you acknowledge that no security measure is foolproof and that no method of data transmission over the Internet can be completely secure. Accordingly, we cannot guarantee nor warrant the security of any information you provide to us. Further, we cannot prevent the interception, use, or misuse of your data by other parties.
Your transmission of data to us is at your own risk. Where data that you have transmitted to us is password protected, you are responsible for keeping the password confidential. You are exclusively responsible for any breaches of your data that results from your own disclosure of or failure to protect your password.
We will notify you promptly of any known breach of our security systems or your data which might expose you to serious risk.
20. Relationship
We reserve the right to change this Privacy Policy from time to time at our sole discretion. Your continued use of the Website indicates your assent to the Privacy Policy as posted.
21. Contact
If you have any questions or concerns about our Privacy Policy, or how we have handled your personal information, please contact us at lauren@heldhumanitycounselling.com
Terms of Use
NOTICE: These Terms of Use are legally binding. It is your responsibility to read these Terms of Use carefully prior to using or accessing this Website.
The Held Humanity Counselling website at heldhumanitycounselling.com (the “Website”) is owned and operated by [Lauren Gaudet] (“us”, “we”, “our”). These Terms of Use (the “Terms”), together with our Privacy Policy, govern your relationship with us. If you use or access the Website, you are indicating that you have read, and that you understand and agree to comply with, and be legally bound by, these Terms, whether or not you become a registered user of our services. If you do not agree to these Terms, then you do not have the right to access or use the Website.
1. Acceptance of Terms
Your use of this Website is expressly conditional upon your accepting and agreeing to these Terms. Your use of the Website will be deemed to be acceptance of these Terms. If these Terms are not acceptable to you, you must immediately terminate your use of this Website.
2. Website and Terms Subject to Change
We may, at any time, for any reason, and without notice, make changes to this Website, including its look, feel, format, or content; the services offered through this Website; or these Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement on our Website will take effect when posted to the Website and will be subject to these Terms, as amended from time to time. By continuing to use this Website, you will be deemed to have accepted and agreed to be bound by any such changes.
3. Account Registration
In order to access certain features of the Website, you may be required to register to create an account (“Account”) through JaneApp, an online clinic management platform operated by Jane Software Inc. (“JaneApp”). If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current, and complete information about yourself as required by our registration form (the “Registration Data”);
(b) maintain and update the Registration Data to keep it true, accurate, current, and complete; and
(c) be responsible for all activities that occur under your Account.
If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of our services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on Held Humanity Counselling, you are not permitted to share your Account with anyone or allow others to access or use your Account. You must immediately notify us of any unauthorized use of your Account.
4. Copyright
All material on this Website, including without limitation the design, layout, videos, audio, text, photographs, graphics, articles, interfaces, computer code, appearance, trademarks, logos, and other content or elements comprising the Website (the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified, and are protected by Canadian and international copyright laws and treaty provisions.
Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
5. Scope of Use
You may use or access the materials on this Website for your personal use only. You may not use the materials on this Website for any professional, commercial, or other business purposes, without our prior written consent. No right, title, or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading, or printing the materials on this Website. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of this Website, create derivative works from, link to, or frame in another website, use on any other website, transfer, or sell any information obtained from this Website without our prior written consent.
6. User Content
We may, in our sole discretion, permit you to submit or post material or content to or on this Website or on social media channels (“User Content”). By posting User Content, you grant us a license to use such User Content. We do not have to compensate you for our use of any User Content. We are not responsible for any safekeeping of User Content.
7. Your Representations and Warranties
You represent and warrant that you have the requisite rights in any User Content that you post on this Website. You agree that you will not submit or post material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights set out above.
8. Inappropriate Content
You agree not to submit, post, or use any inappropriate content in relation to this Website, including but not limited to content that:
(a) contains falsehoods or misrepresentations that could damage us, our users, or any third party;
(b) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
(c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate in our discretion;
(d) contains advertisements or solicitations of business; or
(e) contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website.
9. Responsibility for User Content
Some of the forums on the Website, including our social media channels, are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for any User Content you post. While not moderating these forums, we may periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements, or seem otherwise inappropriate in our discretion. We have full discretion to delete messages. Users are encouraged to read these Terms and the specific rules applying to any relevant forum before participating in that forum.
We reserve the right (but are not obligated) to do any or all of the following:
(a) record the dialogue in publicly accessible areas of the Website;
(b) examine an allegation that certain User Content does not conform to these Terms and determine in our sole discretion to remove or request the removal of such User Content;
(c) remove User Content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
(d) terminate a user’s access to any part or all of the Website upon any breach of these Terms;
(e) monitor, edit, or disclose any User Content posted on publicly accessible areas of the Website; or
(f) edit or delete any User Content posted on the Website, regardless of whether such User Content violates these Terms.
10. Guest Bloggers and Feature Contributors
We may, in our sole discretion, invite guest bloggers or feature contributors to submit material or content for inclusion on the Website.
Submitting materials to us as a guest blogger or feature contributor does not create a contractor or employee relationship with us. You agree that you are not entitled to, and do not expect, any wages or compensation from us for any of your content, unless explicitly stated otherwise. You also agree that you are not eligible for any employee benefit plans or programs. You further agree that you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations.
Submitting materials to us as a guest blogger or feature contributor does not create an exclusive relationship between us. We will be free to accept submissions from other parties, including submissions that are the same or similar in nature to those provided by you, and you will be entitled to offer and provide content to other websites.
11. Opinions Expressed on Website
Opinions and other statements expressed by users and third parties (including, but not limited to, guest bloggers and feature contributors) are theirs alone, and do not represent our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us.
12. Third Party Websites
From time to time this Website may include links to other websites. These links are provided for your convenience only. We do not control such third-party websites and we are not responsible for their content nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. These Terms apply only to our Website and the services we offer directly through this Website.
IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO ON THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, OR LEGALITY OF ANY MATERIALS OR INFORMATION CONTAINED ON SUCH THIRD-PARTY WEBSITES. WE WILL NOT BE LIABLE IN ANY WAY, EITHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH THE USE OF, OR RELIANCE ON ANY CONTENT, PRODUCTS, OR SERVICES AVAILABLE THROUGH SUCH THIRD-PARTY WEBSITES.
13. Accuracy of Information
The information contained in this Website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, or services contained on the Website for any purposes.
14. No Representations or Warranties
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR MATERIALS, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE. WE EXPRESSLY DENY ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE. FOR GREATER CERTAINTY, WE DO NOT REPRESENT NOR WARRANT THAT THE USE OF THIS WEBSITE WILL SATISFY YOUR PURPOSES NOR THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES. IT WILL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. NONE OF THE MATERIAL ON THE WEBSITE IS TO BE TAKEN AS ADVICE OF ANY KIND.
15. International Use
The Website is directed to those individuals located in Canada. The Website is not directed to any individual or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its services, are unavailable or otherwise contrary to applicable local laws or regulations. If you access this site from any location outside of Canada, you agree that you are doing so on your own initiative and at your own risk and that you are wholly responsible for compliance with applicable local laws. We make no representation that the materials on this Website are appropriate or that any services offered through the Website are available for use in your particular jurisdiction.
16. Changes to the Website
We do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features or functionality on this Website or the services being offered on this Website. We also reserve the right to change any fees and initiate any new fees in connection with the Website or any services being offered on this Website. We reserve the right at any time and from time to time to modify, discontinue, or otherwise make unavailable, temporarily or permanently, the Website, or any part thereof, with or without notice and solely at our discretion. We will not be liable to you or any third party for any loss or damage relating to such modification, discontinuance, or unavailability of the Website.
17. Limitation of Liability
YOUR USE OF THE WEBSITE AND ANY MATERIALS OR CONTENT FOUND ON THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT WILL HELD HUMANITY COUNSELLING AND SOCIAL SERVICES INC., ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE UNDER CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL LOSSES OR DAMAGES, OR FOR ANY LOSSES OR DAMAGES RESULTING FROM LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR DAMAGE TO DATA, OR DAMAGES FOR PURE ECONOMIC LOSS, HOWEVER CAUSED, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, OR RELIANCE ON THE MATERIALS OR CONTENT FOUND ON THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, RECORDS, PROGRAMS, OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS, CONNECTIONS TO THE WEBSITE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE MATERIALS OR CONTENT ON THE WEBSITE. THE LIMITATIONS IN THIS SECTION APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
18. Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, to delete any User Content, and to disclose any of your information as necessary. Unauthorized use of this Website may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law. In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
19. Indemnity
You agree to indemnify, defend, and hold harmless Held Humanity Counselling and Social Services Inc., its affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to or use of this Website, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
20. Relationship
These Terms do not create a joint venture, partnership, employment, client-counsellor, or agency relationship between us and you.
21. Privacy
Information that we collect about you is subject to our Privacy Policy. Please see our full Privacy Policy.
22. Severability
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision will be deemed to be severable
23. Waiver
No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
24. Assignment
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law, or otherwise.
25. Jurisdiction
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or information by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
26. Contact
If you have any questions or concerns about these Terms, please contact us in writing at lauren@heldhumanitycounselling.com.