Terms of Use

 

Acceptance

You must read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Kidthink Children’s Mental Health Centre Inc., the owner and operator (“Owner”) of this website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. The Owner may revise the Website, including this Agreement, at any time, at its sole discretion and without notice. Your continued access or use of the Website after such changes are posted will signify your acceptance of any changes. You should visit this page periodically to review this Agreement.

Emergency

Do NOT use the Website for mental health emergencies. If you have an emergency, call 911 immediately or click here to view other mental-health-emergency resources https://www.kidthink.ca/resources/.

General Information Is Not Treatment

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. THE CONTENT OF THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS WEBSITE IS NOT INTENDED TO REPLACE CONSULTATIONS WITH A HEALTH CARE PROFESSIONAL, OR TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your clinician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any condition you believe may be relevant to you or someone else. Always consult with your clinician or other qualified healthcare providers before embarking on a new mental health treatment. Information obtained on the Website is not exhaustive and does not cover all ailments or their treatment.

No Clinician-Patient Relationship

The presentation of general information on the Website does not establish a clinician-patient relationship between you and the Owner (or any of its clinicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its clinicians).

No Endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

No Warranties

THE OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE.

THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS, WHERE IS’ AND ‘AS AVAILABLE’ AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE SITE AND/OR ITS CONTENT. THE OWNER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATION, TERMS AND CONDITIONS AND WARRANTIES INCLUDING THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Liability

In no event shall the Owner, its clinicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages. The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Owner, its clinicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

Indemnification

As a User, you shall indemnify and save harmless the Owner and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses, including legal fees, arising directly or indirectly from (a) your breach of any of these Terms and Conditions or any additional terms; (b) your access to or use of this Website or any web site to which this Website is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Website; or (d) your violation of any law or regulation to the detriment of the Owner from use of this Website and/or violation of these Terms and Conditions.

Copyright

The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

Limited Licence and Restrictions

You are hereby granted a limited license to use, to display on your computer, to download and to print a single copy of the text and images which are available on this Website (including any forms available on this Website which are designated for printing and use), solely for non-commercial, personal or educational purposes, provided that the Content is not modified in any way. This license is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the Content is downloaded, copied, stored or printed, such Content is still subject to these Terms and Conditions. You will ensure that all copyright and trademark notices are retained and included with, and displayed on, each copy of the Content (i.e. the associated copyright notice and this limited license: © Kidthink Children’s Mental Health Centre Inc. 2021. All rights reserved.). No other use is permitted. Without limiting the generality of the foregoing, you may not make any commercial use of Content, include Content in or with any product that you create or distribute, or copy Content onto your, or any other person’s, website. Further, you agree that the Content is made available to you for your lawful use in accordance with this Agreement and that any Content downloaded from the Website may be subject to additional terms of use under an end-user license agreement (“EULA”), as same may be presented to you before you access certain content. You may only download such Content for the purpose of viewing the Website from a single personal computer unless otherwise specified in the applicable EULA. You agree that any use of the Content outside of that authorized hereunder or under the applicable EULA, as the case may be, is strictly prohibited, and you agree that it is strictly prohibited and is a violation of the Owner’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without specific written authorization from the Owner.

Permission to Reproduce

Advanced written authorization is required from the Owner if you wish to reproduce, republish or modify any Content located on this Website, including using or publishing any names, logos, likenesses, photographs, graphics, illustrations, video, music or sound from the Website. If you require further information on a permitted use or license, contact the Owner at the email address located at the end of this Agreement. Under no circumstances may any reproductions be represented as an official version of the materials reproduced, or as having been made in affiliation with, or with the endorsement of the Owner.

Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.

Linking

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party website or the content thereof. Unless expressly stated, the Owner does not operate any third-party website linked to the Website and is not responsible for the content of any third-party website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error-free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. In addition to this Agreement, your use of third-party websites may be subject to the terms and conditions that have been posted on or are applicable to those third-party websites. By providing these links, the Owner is not responsible for the privacy practices, content, transactions, and the functioning of third-party websites. A link to a third-party website should not be construed to mean that the Owner is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol that may be reflected in the link or the description of the link to such other third-party website. The Owner does not review or control, and is not responsible for, any information which is created or supplied by a third party.

Security

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from the Website.

Modification to Website

The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Use Prohibited Where Contrary to Law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing Law and Jurisdiction

The Website is operated by the Owner from its offices within the province of Manitoba, Canada. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the province or territory of Manitoba and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Manitoba with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Manitoba and Canada.

Waiver

Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Termination

The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.

Entire Agreement

This is the entire Agreement between you and the Owner relating to your access and use of the Website.
Accuracy of Data – The information, material and content posted on this Website are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no warranty or guarantee that this information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors or inaccurate or incomplete information on the Website. The Owner presents its content “as is” and makes no claims to its accuracy, either express or implied. Further, the Owner assumes no obligation to update the information or advise on further developments concerning topics mentioned. Despite the aforementioned, the Owner may make changes to the content at any time in its sole discretion without notice.

Report Errors – If any errors are noticed on this Website or in the information which is accessible on this Website, you are requested to immediately advise the Owner at the address set out above.

Viruses – While every effort is made to ensure that all information provided on this site does not contain computer viruses, the Owner cannot and does not either guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, or codes that manifest contaminating or destructive properties. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

Submissions – All information submitted to the Owner via the Website shall be deemed to be and remain the property of the Owner. The Owner shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to the Owner through the Website or sent through email. The Owner shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by the Owner in advance and in writing or required by law. You agree that any information submitted for inclusion at the Website does not infringe on the intellectual property or other rights of any third parties and you grant the Owner the right to provide access to the information from the Website. You warrant that any software submitted to the Owner shall be free of computer viruses.

Notice – Questions or comments regarding the Website should be directed by email to IT Administrator at it_admin@kidthink.ca.