Focused Psychological Services Terms And Conditions Of Use
Terms of Use
Do no use this service for emergency medical needs. If you experience a medical emergency, call 911 immediately. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in danger or if you have any medical emergency, you need to immediately call the emergency service number and notify the relevant authorities for users in Ontario. The crisis line phone number for Telehealth Ontario is 1-866-797-0000, For more information on the crisis line for Ontario users, please visit: https://ontario.cmha.ca/documents/are-you-in-crisis/. For users outside of Ontario or anywhere else in Canada, the crisis line phone number is 1-833-456-4566. For more information on the national crisis line, please visit: https://crisisservicescanada.ca/en/.
These terms and conditions of use for use of our Website and psychological services constitute a legal agreement and are entered into by and between you and Focused Psychological Services. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through our Website or all contact with Focused Psychological Services.
1. Interpretation
1.1 The following terms have the following meanings:
“Account” has the meaning given to such term in Section 3.1 of these Terms.
“Account Information” has the meaning given to such term in Section 3.1 of these Terms.
“Age of Majority” means the age at which a person is considered by law to be an adult. For greater certainty, the age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon.
“Clinical Counsellor” means a counsellor, with a minimum of a master’s degree in social services and a minimum of five years of clinical experience. For greater certainty, the term “Clinical Counsellor” is limited to those counsellors presented to you or engaged by you via Focused Psychological Services.
“Intake Consent Form” means an agreement between you and Focused Psychological Services which you will be required to complete and execute prior to booking any Sessions. For greater certainty, the Intake Consent Form will be presented to you through Owl Practice prior to booking a Session with a Service Provider. The Intake Consent Form incorporates these Terms, and by agreeing to the Intake Consent Form, you acknowledge and agree that you agree to these Terms.
“Personal Health Information” with respect to an individual, whether living or deceased, means:
(a) information concerning the physical or mental health of the individual;
(b) information concerning any health service provided to the individual;
(c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from
the testing or examination of a body part or bodily substance of the individual;
(d) information that is collected in the course of providing health services to the individual; or
(e) information that is collected incidentally to the provision of health services to the individual.
“Personal Information” means information about an identifiable individual, including without limitation, Personal Health Information.
“Psychologist” means a registered psychologist in Ontario having completed master level study and supervised practice experience.
“Services” means the counselling or psychology services you receive from a Clinical Counsellor or a Psychologist, as applicable, via Sessions booked through Focused Psychological Services.
“Service Provider” means Clinical Counsellor or Psychologist, as applicable.
“Sessions” means each counselling session between you and a Service Provider as booked by you through Focused Psychological Services, including without limitation, online/virtual, in-person, or telephone sessions.
“Terms” means these terms and conditions.
“Website” means this Focused Psychological Services website.
1.These Terms of Use (“Terms”) govern and apply to your access and use of the Services provided by Focused Psychological Services Inc. (“Focused Psychological Services”) and/or the Service Provider, and shall apply to all Sessions with your Service Provider. For greater certainty, Sessions include online Sessions, telephone Sessions, and in-person Sessions. These Terms also govern and apply to your access and use of this Website.
By accessing or using the Website and/or by booking a Session, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, you are not authorized to use the Website or book a Session. The terms “you”, “your” and “yourself” refer to the individual user of this Website and/or a client of Manifest who creates an Account.
You hereby certify that you are (i) the Age of Majority in the province/territory that you reside, and that you have the legal ability to consent to the Sessions, and (ii) physically located or are a resident of the location you have chosen as your current residency when creating your Account. You agree to provide emergency contact information to us (or to your Service Provider upon their request) to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access Services is conditioned upon the truthfulness of the information you provide when completing an Intake Consent Form as well as the information you provide to your Service Provider. You further acknowledge that your Service Provider will rely upon the information you provide, and your certification of the truth and accuracy thereof, to interact with you and provide the Services.
2. Site Content
2.1 Other than the advice you receive directly from your Service Provider, the other educational, graphics, research sources and other incidental information on the Website (the “Content”) should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.
No Reliance
The content of our Resources is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.
Although we make reasonable efforts to update the information of our resources, we make no representations, warranties, or guarantees, whether express or implied, that the content of our resources is accurate, complete, or up to date. Your use of our resources is at your own risk and neither the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, funders, suppliers, or successors have any responsibility or liability whatsoever for your use of our information.
These resources may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
3. Copyright
Copyright in content developed and produced by Focused Psychological Services contained in its website, including the underlying HTML, text, illustrations, designs, icons, audio clips, video clips, documents, products, software and all other content is owned by Focused Psychological Services.
Any content Focused Psychological Services has developed and produced is protected by the Copyright Act (Canada). Except as noted herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written consent of Focused Psychological Services, or the original creator, where applicable.
4. Account & The Owl Practice Website
4.1 To access the Services, you will be required to establish an individual user account (“Account”) through a third-party software provider that we use, “Owl Practice”.
4.2 You acknowledge and agree that by creating your Account, you will be required to complete the Intake Consent Form, and provide certain information, including without limitation, your Personal Information (collectively, your “Account Information”). Your Personal Information will include providing a scanned copy of government identification with a photograph. You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You acknowledge and agree that you will:
(a) provide true, accurate, current and complete Account Information as required when enrolling for an Account through the Site; and
(b) each time you log on, maintain and promptly update such Account Information to keep it true, accurate, current and complete.
4.3 If you provide any Account Information that is untrue, inaccurate, not current or incomplete, or if Focused Psychological Services has reasonable grounds to suspect that such Account Information is untrue, inaccurate, not current or incomplete, Focused Psychological Services reserves the right to transition your treatment to another health care provider outside of Focused Psychological Services and refuse any future request(s) for Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Focused Psychological Services will not be liable for any loss that you incur as a result of anyone accessing and using your Account either with or without your knowledge.
4.4 You recognize that Owl Practice is a third party software used to provide online booking, charting, scheduling, and billing services, and as such, will store your Personal Information if you create an Account. You acknowledge and agree that by agreeing to use this Website, and to gain access to the Services:
(a) you will be required to create your Account through Owl Practice;
(b) you will be required to complete the Intake Consent Form through Owl Practice;
(c) you have read and you agree to Owl Practice’s Terms of Use (“Owl Practice Terms”);
(d) you understand and agree to Owl Practice’s Privacy Policy (“Owl Practice Privacy Policy”), as it applies to your Personal Information; and
(e) you understand and agree to the Focused Psychological Services Privacy Policy (“Focused Psychological Services Privacy Policy”), as it applies to your Personal Information.
If you do not agree with the Owl Practice Terms, the Owl Practice Privacy Policy, or the Focused Psychological Services Privacy Policy, you shall not use this Website or book a Session with a Service Provider.
4.5 You will have the option to subscribe to emails from Focused Psychological Services through your Account with Owl Practice. You can choose to stop receiving emails from Focused Psychological Services at any time by clicking “unsubscribe” in any emails from Focused Psychological Services.
5. Acceptable Use
You agree not to access or use the Website or any aspect of the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services or the operation of this Website by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, You shall not use the Website in any manner that could damage, disable or impair the services which it provides. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.
6. Substance Abuse
You will not use any mood-altering substance during your Sessions with a Service Provider. The Service Provider may cancel the Session if it is suspected that you are under the influence of alcohol or a drug which may affect cognition and comprehension.
7. Payment
7.1 The fees payable by you for the Services (the “Fees”) are based on the prices set forth in the Intake Consent Form via Owl Practice. You agree to pay all Fees and charges associated with your Account on a timely basis. Such Fees (including any taxes, late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. For greater certainty, by providing us with your credit card information through Owl Practice, you authorize Focused Psychological Services to bill and charge your credit card for the Services, until you or Focused Psychological Services terminate your agreement in accordance with these Terms.
7.2 Part of your payment of the Fees is remitted to the Service Provider for the direct clinical services provided to you. Regardless of the payment of the Fees, Owl Practice does not hold itself out as your direct Service Provider.
7.3 The Fees may not be covered under your employer’s group benefits package/insurance policy. It is your responsibility to determine whether the Fees are covered by your insurance provider.
8. Disclaimers
ACCESS TO THE WEBSITE, THE CONTENT, AND THE SERVICES AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, FOCUSED PSYCHOLOGICAL SERVICES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FOCUSED PSYCHOLOGICAL SERVICES DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR SESSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ACCESS TO THE SESSIONS, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY RESPONSIBLE AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE WEBSITE, YOUR ACCOUNT, OR THE CONTENTS OF YOUR SESSIONS OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. FOCUSED PSYCHOLOGICAL SERVICES CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FORM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE WEBSITE.
9. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
10. Severability
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
11. Modifications To The Terms And Conditions
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material shared on our Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Website is restricted to users or unavailable at any time or for any period.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of information obtained from our Website or during counselling sessions, including, but not limited to, your User Submissions, third-party sites, any use of session content, services, and products other than as expressly authorized in these Terms and Conditions.
Intellectual Property
All intellectual property at our Website including all text, images, illustrations, photographs, icons and other materials is owned by Focused Psychological Services and provided for information purposes only. Individuals may print or copy portions of the Site for personal use only. Unauthorized use of any portion of this Site may violate copyright, trademark, and other laws.
Should you have any questions or require additional information, please contact us at: diane@focused-psychogical-services.com.
Thank you for reading our terms and abiding by them while you’re here.