Terms of Service

Last Update: April 2019

MENTAL HEALTH PROFESSIONALS’ TERMS AND CONDITIONS

Welcome to KanReach, a hub created by Counsellors with the dream of bringing together clients with the best counsellors possible. In addition to the Privacy Policy, the following are terms of service for providing services through www.kanreach.com (hereafter referred to as “Website”). The Website is operated by Kanreach Networks Inc., a Canadian company based in Vancouver, BC (“Kanreach”).

DEFINITIONS

All of the defined and capitalized terms in this Terms and Conditions will have the meaning assigned to them herein below:

  1. “Code of Ethics” means the Local Counseling Association’s Code of Ethics, as approved by the Counseling Association of appropriate jurisdiction, that sets out, inter alia, the ethical standards, responsibilities, considerations of professional counselors, which is applicable to the Counsellors whilst providing their Services through the Licensed Platform.
  2. “Applicable Laws” means all acts, laws, rules, regulations, standards and permit requirements, including but not limited to medical, safety, privacy or any standard prescribed by the Medical Council or other statutory or professional body or any amendments thereto that are applicable to the Counsellor and the Services provided by him/her.
  3. “Website Provider” or “Company” means Kanreach Networks Inc., a Canadian company based at 3673 Vanness Ave, Vancouver, BC V5R 5B6 which is the owner of the Kanreach Website and all the Intellectual Property vesting in the Kanreach Website.
  4. “Confidential Information” shall mean all proprietary and non-public information of the Website Provider including but not limited to that come within the knowledge of the Counsellor in the course of providing the Services and/or which are entrusted to the Counsellor’s care and custody whether labeled and/or identified or not as “confidential” or “proprietary” or which the Counsellor has a duty to treat as confidential or which the Counsellor otherwise knows, or would reasonably be expected to know, the Website Provider or the Client would consider confidential or proprietary.

Confidential Information of the Website Provider will include but is not limited to proprietary information and personal information of employees, agents or directors of the Website Provider, trade secrets or know how, databases, ideas, processes, business strategies, business methods, technology, designs, finances, forecasts, correspondences, data pertaining to the business of the Website Provider, Intellectual Property whether registered or not registered, reports, marketing and selling, budgets and unpublished financial statements, prices and cost, supplier and Client information and other business information, that is either (a) owned by the Website Provider or (b) is information received from third parties that the Website Provider is obligated to treat as confidential.

Confidential Information does not include information that:

    1. was publicly known or otherwise known to the Counsellor prior to the time of such disclosure; or
    2. subsequently becomes publicly known through no act or omission by the Counsellor or any person acting on behalf of the Counsellor; or
    3. otherwise becomes known to the Counsellor other than through disclosure by the Website Provider without a duty to keep such information confidential; or
    4. The Counsellor independently develops without reference to the Confidential Information.
  1. “Counsellor or you” means an individual of a legally contractible age (18 years and above) and having certified that he/she is and will continue to be of sound mind, who has the requisite qualifications in the field of psychology as mandated by the Website Provider to register on the Kanreach Application, for the purpose of providing the Services.
  2. “Client(s)” means an individual(s), being registered or unregistered users of the Website, being of a legally contractible age (18 years and above), who has registered on Website for the purpose of availing the Services.
  3. “Intellectual Property” means:
  1. all proprietary inventions (whether patentable or non-patentable and whether or not reduced to practice), all improvements thereto and all patents, patent applications, and patent disclosures, together with all re-issuances, continuations, continuations-in-part, revisions, extensions and re-examinations thereof;
  2. all proprietary trademarks (whether registered or not), service marks, logos, trade names and corporate names, together with all translations, adaptations, derivations and combinations thereof, including all goodwill associated therewith and all applications, registrations and renewals in connection therewith;
  • all proprietary copyrightable works (whether registered or not), source code, object code, derivative works, diagrams, flow charts, designs, text and all applications, registrations and renewals in connection therewith;
  1. all proprietary ideas, diagrams, designs, models, prototypes, sketches, drawings, blue-prints, formulae/equations, processes, methods, know-how, information arising out of analyses of data, techniques, flow-charts, algorithms and all results arising out of technical researches;
  2. all proprietary trade secrets, technical or confidential business information.
  3. all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection; and
  • all copies and tangible embodiments of the above regardless of form and medium, pertaining to the Licensed Platform by whatever name called and any other products developed and owned by the Company and licensed to the Counsellors by the Company to enable them to provide the Services.
  1. “Intellectual Property Rights” means all legal and economic rights in and to the Intellectual Property, whether registered or not, anywhere in the world.
  2. “Licensed Platform” means the Kanreach Website along with all its updates, upgrades, versions, modifications, being the product that is licensed to you and which is subject to these Terms and Conditions.
  3. “Personal Information” shall mean the personally identifiable information of the Client and his/her child which includes but is not limited to name, age, gender, address, email id, phone/mobile number and any other information that is provided by the Client to the Counsellor in the course of availing the Services.
  4. “Kanreach Application” shall mean the proprietary online platform developed and owned by the Website Provider which can be used by the Clients and which enables Clients interact with counsellors operating on the Kanreach Application by sending them messages over the Website, by scheduling calls or meeting with the identified Counsellors to discuss their issues. The Counsellor acknowledge that the Kanreach Application only enables interaction between the Counsellors and Clients, and no part of the Services to be performed by the Counsellor is hosted or provided over the website.
  5. “Services” shall mean the counseling services provided by the Counsellors to the Client.

 

GRANT OF LICENSE

This license granted to you for the Licensed Platform by the Website Provider, is limited to a non-exclusive, non-transferable, license to use the Licensed Platform on any device that you own or control. This license does not allow you to use the Licensed Platform on any device that you do not own or control, and you may not distribute or make the Licensed Platform available over a network where it could be used by multiple devices at the same time. Nothing contained in the Licensed Platform should be considered as granting you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Licensed Platform. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Platform. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Licensed Platform). Any attempt to do so is a violation of the rights of the Website Provider and its licensors. If you breach this restriction, you may be subject to cancellation of the license, prosecution and damages as per Applicable Law. The terms of the license will govern any upgrades provided by the Website Provider that replace and/or supplement the original Licensed Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern its use.

ACCESS AND CONSENT TO USE OF DATA

By registering with the Licensed Platform, you represent that you are of legally contractible age (18 years and above) and not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access and register with the Licensed Platform, to provide Services to and receive payments from Clients who use the Licensed Platform belonging to the Website Provider. You agree that during the time of registration and throughout the use of the Licensed Platform for providing the Services, you will be and affirm to be of sound mind.

In order to be . You will also have to provide details such as your name, mobile number, email ID, photo and a brief write up about yourself such as your areas of expertise, specializations and years of experience and any other relevant details that may be sought by us. Please note that your mobile number and payment details will not be visible or shared with the Clients. However, details such as your name, educational qualifications and write up about your areas of expertise, specializations and years of experience will be visible to the Clients.

Your selection or rejection to be a part of the platform and to obtain a license to the Licensed Platform is at the complete discretion of the Company and any decision made by the Company in this regard will be final and binding on you.

You agree to (a) provide true, accurate, current, genuine, complete and up to date information about yourself as required during registration and in your profile and (b) maintain and promptly update the information to keep it true, accurate, current, genuine, complete and up to date. If you provide any information that is untrue, inaccurate, not genuine, not current or incomplete, or if the Website Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not genuine, not current or incomplete, the Website Provider has the right to not accept your registration with the Licensed Platform, suspend or terminate your account and/or refuse any or all current or future use of the Licensed Platform.

You will solely be responsible for all usage or activity in your account after registration with the Licensed Platform. You agree that you will not use the Licensed Platform to post, display, exhibit, transmit pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell services that are illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at the Website Provider’s sole discretion. You will immediately notify the Website Provider at [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Website Provider will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate the Website Provider of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.

You acknowledge, consent and agree that the Website Provider may access, preserve or disclose your account information, including but not limited to registration and profile information, if required to do so by law or in good faith, believing that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process or the order of any Government authority; (b) enforce the Terms and Conditions; (c) respond to claims that the registration and profile information violates the rights of third parties; (d) carry out fraud verification in relation to the certificates, authentications, authorizations and other credentials provided by you; (e) carry out fraud verifications of the payment details and other financial information provided; (f) respond to your requests for Client service; or (g) protect the rights, property or personal safety of the Website Provider, its users and the public.

You acknowledge and agree that upon your registration and use of the Licensed Platform, the Website Provider will collect, use, store and archive information about you in the following general categories:

  • Personal Information: We access Personal Information (if any) provided by you, such as information provided at the time of (i) registration or in relation to use or modification of your account, (ii) request for on-demand services, Client support, or (iii) which is otherwise communicated to us which may include your name, email id, mobile number, photo, write-up to (a) resolve any complaints/feedback in relation to the use of the Licensed Platform, (b) enhance your experience of the Licensed Platform; and (c) provide you with customized content on the Licensed Platform.
  • Location Information: We access precise location data of your device when the Licensed Platform is accessed by you. We may also derive your approximate location from your IP address for statistical purposes to understand the demographics of the Counsellors
  • Interaction Information: We may access details related to your use of the Licensed Platform including the messages and interactions with the Clients, number of Clients who avail your Services, complaints against your Services and other related transaction details to (i) provide you with customized content on the Licensed Platform; (ii) monitor the Licensed Platform usage; and (iii) improve the services provided through the Licensed Platform. Please note that the Transaction Information collected though the Licensed Platform will belong to the Website Provider and the Website Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.
  • Usage and Preference Information: We may access information about your interactions with the Licensed Platform such as the date, time and duration of your use of the Licensed Platform and the settings you have chosen. The Website Provider uses cookies or similar technologies to collect the information under this category. The Website Provider may use the above mentioned technologies to: (i) provide you with customized content on the Licensed Platform; (ii) monitor the Licensed Platform usage; (iii) improve the services provided through the Licensed Platform and (iv) otherwise enhance user experience. Please note that the Usage and Preference Information collected though the Licensed Platform will belong to the Website Provider and the Website Provider will have the sole and absolute discretion to decide whether such information will be shared with you or not.

The collection, storage, use and sharing (if any) of this data by the Website Provider will be in accordance with the Privacy Policy of the Licensed Platform which can be found in the PRIVACY POLICY.

 

SERVICES & THIRD PARTY MATERIAL

The Licensed Platform enables you to interact with Clients and nothing more than that. You shall arrange your own tools and resources for the purpose of providing counseling services and personal interactive sessions. The Counsellor acknowledge that the Kanreach Application only enables interaction between the Counsellors and Clients, and no part of the Services to be performed by the Counsellor is hosted or provided over the website.

You understand and acknowledge that the Website Provider through the Licensed Platform only enables you to interact with the Clients by allowing the Clients to send you messages and Emails. Beyond this functionality, the Licensed Platform has no role to play in the interaction between you and the Client. You understand that you will be solely responsible for and have complete and exclusive control over the counseling and personal interactive sessions scheduled with the Client through your own tools and resources, and accordingly you will have sole responsibility to obtain all applicable registrations, permits, licenses and comply with all applicable statutory requirements for providing the Services. The Website Provider will not in any manner be responsible for the content of the sessions or for any advice, guidance, counsel, recommendation provided by you to the Client. You acknowledge and agree that the Website Provider does not provide any guarantee in relation to the minimum number of Clients that will avail your Services.

You understand that by using the Licensed Platform, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Platform at your sole risk and that the Website Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You also understand that any information (including Personal Information) you may share with any Clients whilst using the Licensed Platform will be solely at your risk as to the security of such information and the Website Provider cannot guarantee the security of such information or the nature of its use by the Clients to whom you disclose such information.

The Licensed Platform may display, include or make available content, data, information, applications or materials, from third parties, content providers or other users of the Licensed Platforms (collectively and individually called “Third Party Materials”). By using the Licensed Platform, you acknowledge and agree that the Website Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Website Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-Third Party Materials or web sites, or for any other materials, products, or services of third parties.

You agree that the Licensed Platform contains proprietary content, information and material that is protected by applicable Intellectual Property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Platform. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Licensed Platform, in any manner, and you shall not exploit the Licensed Platform in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Platform in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any person (including other users of the Licensed Platform and third parties, related or unrelated to the use of the Licensed Platform or the services provided through it) including any patent, copyright, trademark, trade secret or other proprietary rights of such persons. You also agree that the Website Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal transmissions that you may receive as a result of using the Licensed Platform.

The Website Provider makes no representations that the services provided through the Licensed Platform and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access the Licensed Platform or Third Party Materials, you do so at your own initiative and are responsible for compliance with any Applicable Laws, including but not limited to applicable local laws. The Website Provider, and its licensors, reserve the right to change, suspend or disable access to the Licensed Platform at any time without notice. In no event will the Website Provider be liable for the removal of or disabling of access to any services provided through the Licensed Platform. The Website Provider may also impose limits on the use of or access to the Clients and services, in any case and without notice or liability.

YOUR (COUNSELLOR’S) OBLIGATIONS

  1. You shall provide the Services in a professional manner in accordance with the highest ethical standards and in compliance with Applicable Laws and the Code of Ethics;
  2. You shall at all times keep your professional certificates, authentications, authorizations and other credentials by whatever name called valid, current, genuine, accurate, complete and up to date during your use of the Licensed Platform;
  3. You shall provide the Service in your area of expertise only. In the event that you feel that any counseling service required or requested by a Client is beyond your area of expertise, professional capacity you will refer the Client to another counsellor registered/empanelled with the Licensed Platform. However, based on your professional experience and knowledge if you feel that you or any of the counsellors registered/empanelled with the Licensed Platform will not be able to provide satisfactory / relevant services to the Client or will not be able to meet the Client’s requirements, or that the Client’s requirements are medical in nature or beyond the scope of this platform then the Client shall be referred to any other counsellor not registers/empanelled with the Licensed Platform.
  4. You acknowledge and agree that you will hold all Confidential Information of the Website Provider in the strictest confidence at all times, and will use the Confidential Information only for the purpose of providing the Services.
  5. You acknowledge and agree that you will hold all the Client’s Personal Information in the strictest confidence at all times, and will use the Personal Information only for the purpose of providing the Services. You agree to adhere to and abide by the Privacy Policy whilst providing the Services. You acknowledge and agree that you will be solely liable for any disclosure of the Client’s Personal Information resulting from your breach of the Terms and Conditions and Privacy Policy. Provided that, you may in the event that the Client is being referred to another counsellor registered with the Licensed Platform and after obtaining (i) the prior written consent of the Client in writing and (ii) the confirmation from the Website Provider, share the Personal Information of the Client with the other counsellor registered with the Licensed Platform.
  6. You agree and understand that you cannot share the Client’s Personal Information or the Website Provider’s Confidential Information with any counsellor not registered with the Licensed Platform.
  7. You will not copy, decompile, reverse engineer, modify, translate, localize or create derivative works or otherwise inspect the functionality of the Licensed Platform or derive the source code of the Licensed Platform.
  8. You when using the Licensed Platform will not transmit any information that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component.

PAYMENT

  1. You agree that the payment model adopted under this Terms and Conditions is that of recurring subscription. In order to list your Services on the Kanreach Application, you will have to enroll into one of the several Subscription Plans being offered by the Website Provider (“Subscription Plans”).
  2. Your Subscription Plan will continue until terminated. To list your Services, you must have Internet access and a valid Subscription Plan, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your Subscription Plan before your billing date, you authorize us to charge the Subscription Plan fee for the next billing cycle to your Payment Method.
  • We may offer a number of Subscription Plans, including special promotional plans. Some Subscription Plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription Plan by visiting our website.
  1. Updating your Payment Methods. You can update your Payment Methods by going to your Account on the Website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
  2. Cancellation. You can cancel your Subscription Plan at any time, and you will continue to have access to the Licensed Platform through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Plan. To cancel, go to your Website Account and follow the instructions for cancellation. If you cancel your Subscription Plan, your account will automatically close at the end of your current billing period (30 days).
  3. Changes to the Price and Subscription Plans. We may change our Subscription Plans and the price of Subscription Plans from time to time; however, any price changes or changes to your Subscription Plan will apply to subsequent billing cycles following notice of the change(s) to you.

Intellectual Property Ownership

You acknowledge and agree that (i) all Intellectual Property Rights in and to the Licensed Platform or other software or technology used or developed in the course of your use of the Licensed Platform, including the , ‘Kanreach’ trademark and brand, belong solely to the Website Provider and are the proprietary product of the Website Provider and that you will not claim or assert any proprietary interest or rights in the Licensed Platform, either during or after your use of the Licensed Platform; and (ii) you will not copy, decompile, reverse engineer, modify, translate, localise or re-create any part of the Licensed Platform or otherwise inspect the functionality of any part of the Licensed Platform or derive the source code(s) of any software algorithm in the Licensed Platform.

Confidentiality

During the tenure of your use of the Licensed Platform and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use the Confidential Information in any manner or for any purpose not expressly permitted or required by this Terms and Conditions, (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining the Website Provider’s/the Client’s express prior written consent on a case-by-case basis.

Your obligations set out above will not extend to any particular information that you can prove, by clear and convincing evidence that, (a) you lawfully knew prior to the Website Provider’s/the Client’s first disclosure to you (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no fault of your’s has become, generally available to the public or (d) is required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, whereupon you shall provide prompt notice to the Website Provider/the Client of the Confidential Information in question, who will then have a reasonable opportunity to respond prior to such disclosure by you.

In the event you are required, at any time during the tenure of your use of the Licensed Platform, to disclose any Confidential Information, pursuant to a valid and subsisting order of a court or other judicial, quasi-judicial or government body, you shall, forthwith, upon receiving notice of the requirement of such disclosure, give adequate notice to the Website Provider/the Client of any such requirement for disclosure so as to allow the Website Provider/the Client a reasonable opportunity to limit such disclosure. In any event, in making such disclosure you shall only disclose such information as may be absolutely necessary and only to the extent expressly required by the court or other judicial, quasi-judicial or government body.

Upon the Website Provider’s/the Client’s request and upon any termination of this Terms and Conditions, you will promptly (a) return to the Website Provider/the Client or if so directed by the Website Provider/the Client, destroy all tangible embodiments of the Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to the Website Provider/the Client in writing that you have fully complied with the foregoing obligations.

TERMINATION

The license to the Licensed Platform is effective until terminated by you or by the Website Provider in the following circumstances:

  1. When you delete your account of your own accord or send an email to [email protected] requiring deletion of your account.
  2. When the Website Provider ceases to make available the Licensed Platform with the provision of thirty (30) days’ notice.

Additionally, your rights under this license will terminate automatically without notice from the Website Provider, if you fail to comply with any term(s) set out in these Terms and Conditions or in case the Services provided by you are unsatisfactory. In such event, the Website Provider reserves the rights to delete your account and deny you access to the Licensed Platform. Upon termination of the license for any reason, you shall cease all use of the Licensed Platform, and destroy all copies, full or partial, of the Licensed Platform.

Upon termination of the license, the Website Provider will pay your un-paid revenue share up to the date of termination and you will not be entitled to claim any further compensation thereafter. Provided, however, you must complete all pending orders before the termination.

ADVERTISEMENTS

The Website Provider or any third party advertisers may display advertisements and promotions on the Licensed Platform. The manner, mode and extent of advertising by the Website Provider on the Licensed Platform are subject to change. By clicking on any advertisements you may leave the Licensed Platform and be directed to an external application/website, or to an application/website maintained by an entity other than the Website Provider. If you decide to visit any such website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Website Provider makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.

The Website Provider makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, and durability of any product or service advertised on the Licensed Platform.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES“) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSABLE BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE APLLICATION PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE LICENSED APPLICATION OR ANY LINKED WEB SITE, EVEN IF THE APPLICATION PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NON-DISPARAGEMENT

You agree to not, directly or indirectly, make any derogatory or disparaging comments about the Licensed Platform and/or the Website Provider or any of the Website Provider’s present and former managing directors, shareholders, employees, agents, directors and officers.

INDEMNITY

You agree to indemnify and hold harmless the Website Provider, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Licensed Platform, including without limitation of the foregoing, any action you take which is in violation of these Terms and Conditions.

CHOICE OF LAW

These Terms and Conditions shall be governed by the laws of Canada without giving effect to its conflict of laws provisions. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Vancouver, Canada.

DISPUTES SETTLEMENT

All disputes between the Website Provider and Counsellors which are not settled through mutual negotiations within 30 days of either party raising an issue will be resolved through binding arbitration. The place of arbitration shall be Vancouver.

NO THIRD PARTY BENEFICIARIES

This contract is solely for your benefit and the benefit of Website Provider.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

Please email us at [email protected] if you have any questions regarding these Terms and Conditions.