Terms and Conditions
Terms of Use
The following constitutes the Terms of Use ("Agreement") which regulate your access and utilization of our digital platform providing counselling services (collectively, the "Platform"). This website and platform are managed and operated by 1402397 BC LTD, operating as Empathica Counselling, located at Suite B - 1462 St. Paul Street, Kelowna BC V1Y 2E6 Canada (hello@empathicacounselling.com). The Platform may be offered or made accessible through various websites or applications, regardless of whether these are owned or operated by us or third parties, including the website empathicacounselling.com and related applications, notably JaneApp (empathicacounselling.janeapp.com).
By accessing or using the Platform, you are accepting this Agreement. Before using the Platform, you should review this Agreement thoroughly. If you disagree with any term of this Agreement, you must not access the Platform.
For the purpose of this Agreement, when we use the terms "we", "us", "our" or similar, we are referring to the company that owns and operates the Platform (the "Company").
NOTE: THIS AGREEMENT INVOLVES BINDING ARBITRATION AS DETAILED IN THE ARBITRATION SECTION.
The Business Model
Empathica Counselling functions as an online referral agency, connecting individuals seeking therapeutic assistance with highly qualified mental health professionals. As part of our service, Empathica Counselling receives a percentage of the total payment for each therapy session as compensation for facilitating the referral process.
By engaging our services and participating in therapy sessions arranged through Empathica Counselling, you acknowledge and agree to the fee structure outlined above. The income generated from these fees enables us to continue providing our referral services and maintaining the platform for the benefit of our users.
The Counsellors and Counselling Services
The Platform may be utilized to connect you with a Counsellor who will offer services to you via the Platform ("Counselling Services").
The Counsellors
The Counsellors are independent professionals who are not our employees, agents, or representatives. The role of the Platform is solely to facilitate Counselling Services. Counsellors are responsible for providing Counselling Services. If you believe the Counselling Services provided by a Counsellor do not meet your needs or expectations, you may choose a different Counsellor who offers services via the Platform.
While we maintain a large database of Counsellors, due to licensure requirements varying by jurisdiction, not all Counsellors will be available for you to connect with, or at any specific time, or for any fixed period. If a Counsellor you have been connected with ceases using the Platform at any time after you have been connected, we will notify you via email that your Counsellor is no longer on the Platform, and you have the option to connect with a new Counsellor.
While we hope the Counselling Services benefit you, you acknowledge that they may not be the correct solution for everyone's needs and that they may not be suitable for every specific situation or be a substitute for certain mental health requirements that may necessitate in-person therapy services.
IF YOU ARE CONTEMPLATING SUICIDE, IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN DANGER OR IF YOU HAVE A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT INTENDED FOR USE IN ANY OF THESE SITUATIONS, AND THE COUNSELLORS CANNOT PROVIDE THE REQUIRED ASSISTANCE.
THE PLATFORM DOES NOT PROVIDE CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION, AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS COURT-ORDERED COUNSELLING. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH MEDICATIONS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD IGNORE ANY SUCH ADVICE IF PROVIDED THROUGH THE PLATFORM.
DO NOT IGNORE OR DELAY IN SEEKING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL DUE TO INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Privacy and Security
Protecting and safeguarding any information you provide through the Platform is of utmost importance to us. Our security and privacy practices can be found in our Privacy Policy ('Privacy Policy').
BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS AN INTEGRAL PART OF THIS AGREEMENT. THE SAME RULES APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT, AS WELL AS CHANGES AND REVISIONS OF THE PRIVACY POLICY.
Secure Communication
We take great care to provide a secure platform for all communications between you and your Counsellor. However, for the protection of your privacy and sensitive information, we strongly advise that you refrain from communicating sensitive therapy-related information or personal contact information via regular email or any other insecure channel.
Instead, we ask that all communication should be conducted through our secure Platform. This helps to maintain confidentiality and the privacy of your sensitive data. The platform has been designed with state-of-the-art encryption and security measures to ensure that your communications are protected and that your therapy sessions are private and confidential. If you have any questions about the best ways to communicate with us or your Counsellor, please contact support@empathicacounselling.com. We are here to help ensure that your experience with Empathica Counselling is safe, secure, and beneficial for your mental health needs.
Service Providers
We at Empathica Counselling value your trust and strive to provide the best possible services to meet your therapeutic needs. To achieve this, in addition to our own website, we collaborate with JaneApp, a third-party Client Relationship Management tool. This collaboration bridges the gap between you and the licensed counsellors affiliated with Empathica Counselling, ensuring a seamless management of booking, scheduling, record-keeping, and payment processes. To enhance your experience and ensure the integrated provision of services, we may guide you to JaneApp for connecting with a licensed counsellor. This step is designed to consolidate all aspects of the counselling process, from the initial booking to the final payment, in one efficient, centralized location.
By accepting these terms and conditions, you simultaneously consent to comply with the terms and conditions put forward by JaneApp while using their platform in concert with our services. We emphasize that any data you provide on JaneApp will be governed in accordance with their Privacy Policy. We encourage you to familiarize yourself with these documents before using their platform. You can access this information by visiting the following link: JaneApp Privacy Policy. Our integration with JaneApp aims to streamline your experience and bolster efficiency. However, it is crucial to remember that despite the technical platforms facilitating this process, your primary relationship remains with Empathica Counselling and your chosen counsellor, guided by the terms outlined in this document.
In our efforts to streamline communication and enhance our operational efficiency, Empathica Counselling uses Google Workspace. Google Workspace is a suite of cloud-based productivity and collaboration tools developed by Google. This includes applications like Gmail, Drive, Docs, Sheets, Slides, and more, which enable us to better manage internal workflows, document handling, and communication. As a part of using Google Workspace, certain non-sensitive operational data may be stored or processed by Google. Rest assured, Google operates under strict privacy regulations and is committed to keeping data secure. However, as with any third-party platform, the data managed by Google Workspace is subject to its own privacy policies and terms of use. Please note that we don't share sensitive personal or therapy data with Google Workspace. This tool is primarily used for internal operational and communication purposes.
By agreeing to these terms and conditions, you acknowledge and understand our use of Google Workspace as a part of our service delivery mechanism. For more information about how Google Workspace handles data, we recommend reviewing Google’s Privacy Policy and Terms of Service.
Third-Party Content & Integration
Our platform may feature or link to content, products, or services provided by third parties, collectively referred to as "Third-Party Content." This may include but is not limited to, direct links or integrations with platforms such as Google, Facebook, Instagram, and TikTok. Please be aware that these third-party platforms have their own content, products, services, practices, terms, and policies, over which we hold no control or responsibility.
While we strive to enrich your user experience with these integrations, we do not create any Third-Party Content, nor are we liable for any harm, loss, or consequences that may arise from your interaction with such content. We recommend that you review the terms, policies, and practices of these third-party platforms to ensure a secure and informed use of their services. Our provision of links or advertisements related to Third-Party Content should not be misconstrued as an endorsement, affiliation, or representation of our association with these external parties or their privacy and security practices.
Disclaimer of Warranty and Limitation of Liability
YOU AGREE AND UNDERSTAND THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION (DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY) WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Dispute Resolution
THIS SECTION OF THE AGREEMENT IS REFERRED TO AS THE "DISPUTE RESOLUTION PROVISION."
Upon acceptance of the terms of this Dispute Resolution Provision, you and the Company, collectively referred to as the "Parties", agree that any disagreement, claim, or controversy arising out of or relating to (i) this Agreement, previous versions thereof, or any aspect concerning the existence, applicability, termination, enforcement, interpretation, or validity thereof; and (ii) the use of the Platform or Counselling Services will be resolved individually through binding arbitration. This Dispute Resolution Provision aims to address disagreements that would otherwise be resolved in a court of law or before a forum other than arbitration. All claims in arbitration are subject to the same statute of limitations that would apply in court.
The Parties acknowledge that the Agreement falls under the jurisdiction of the laws of British Columbia, Canada, and agree that all matters related to arbitration or enforceability of this Dispute Resolution Provision will be governed by the British Columbia Arbitration Act or the International Commercial Arbitration Act, as applicable. The arbitration shall be conducted by the British Columbia International Commercial Arbitration Centre ("BCICAC") under its Domestic Commercial Arbitration Rules of Procedure.
Dispute Resolution Procedures:
The arbitration will be overseen by a single arbitrator selected in accordance with the BCICAC's Domestic Commercial Arbitration Rules of Procedure. The arbitrator shall be a member of the bar of the province where the arbitration is being conducted or a retired judge and should have experience in the law underlying the dispute.
The arbitrator, not any federal, provincial, or local court or agency, shall have exclusive authority to resolve any disagreement arising out of the interpretation, applicability, enforceability, or formation of this Dispute Resolution Provision.
If the parties cannot agree on a location for the arbitration, it shall take place in Vancouver, British Columbia.
Each party will cover its own legal fees, subject to any remedies to which that party may later be entitled under applicable law. In cases where required by law, the Company will pay the arbitrator's and arbitration fees. If the law doesn't require the Company to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties as per the law. Any disputes regarding whether the Company must pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator.
The arbitrator may issue orders, including subpoenas to third parties, allowing the parties to conduct discovery sufficient to prepare its claims and/or defences, keeping in mind that arbitration is designed to be a speedy and efficient method for resolving disputes.
The arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law. The arbitrator shall apply the provincial or federal substantive law, or both, as is applicable.
The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court of competent jurisdiction.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable disagreement in accordance with applicable law. The court to which the application is made is authorized to consider the merits of the arbitrable disagreement to the extent it deems necessary in making its ruling. All determinations of final relief, however, will be decided in arbitration.
If for any reason the BCICAC will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted.
Continuation of Dispute Resolution Provision
This Dispute Resolution Provision shall remain in effect following the termination or expiration of the Parties' relationship.
Your Account, Statements, Conduct and Obligations
You hereby affirm that you are legally capable of giving consent to receive Counselling Services, or have the consent of a parent or guardian, and are legally competent to enter into an agreement.
Minor Consent: In cases where consent from a parent or guardian is required to receive Counselling Services, you hereby affirm that as the consenting parent or guardian, you have the exclusive right to consent to Counselling Services for the minor seeking therapy and are not legally obligated to consult with or obtain consent from any other legal guardian before giving consent. You also provide explicit consent to the stipulations set forth in the associated Privacy Policy regarding the collection, processing, and usage of personal information on behalf of the minor.
You hereby affirm and agree that all the information that you have provided or will provide through the Platform is accurate, true, current and complete. Additionally, you agree that during the term of this Agreement, you will update this information as necessary to ensure its accuracy, currency and completeness.
You agree, affirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively referred to as "Account Access"). We recommend frequently updating your password and taking extra measures to safeguard it.
You agree to notify us immediately of any unauthorized use of your Account Access or any other potential breach of your account security.
You agree, affirm and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, with or without your consent or knowledge.
You agree, affirm and acknowledge that you are solely and completely liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and affirm that your use of the Platform, including the Counselling Services, are for your own personal use only and that you are not using the Platform or the Counselling Services for or on behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to use the Platform for the posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) harmful software or code; (c) unlawful, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, provincial, federal or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapists and us.
If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or harmful software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselling Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You affirm and agree to use only credit cards or other payment methods (collectively “Payment Methods”) which you are fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your account promptly and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Methods, you authorize us to bill and charge you through that Payment Methods and you agree to maintain valid Payment Methods information in your account information.
Alterations, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notifying you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The functioning of the Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we strive to ensure the reliability and accessibility of the Platform, you understand and agree that no platform can guarantee 100% reliability and accessibility. Thus, we cannot guarantee uninterrupted access to the Platform or that it will be available, consistent, timely or error-free at all times.
Export Controls and Sanctions
Products of Empathica Counselling may be subject to Canadian export control laws and regulations, which are enforced by the Canada Border Services Agency. You warrant that you are not located in any country to which Canada has embargoed goods or has otherwise applied any economic sanctions, and are not a denied party as specified in any applicable export laws or regulations, or otherwise listed on any Canadian government list of prohibited or restricted parties.
You agree to comply with all applicable export control laws and regulations of Canada. Specifically, you agree not to – directly or indirectly – sell, export, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Empathica Counselling under these Terms to any destination, entity, or person or for any end-use prohibited by Canadian laws or regulations, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Intellectual Property
The website, empathicacounselling.com, operates via a worldwide license that is non-exclusive and non-transferable, granted by Haggertys & Co. Similarly, the JaneApp platform, which includes the underlying software and technology that powers the Platform, operates under a subscription agreement provided by JaneApp. All materials, content posted, or made accessible through our services are also included within this subscription agreement.
Notices
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to hello@empathicacounselling.com.
Important Considerations about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Province of British Columbia excluding any rules governing choice of laws.
THIS AGREEMENT REPRESENTS THE COMPLETE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you, regardless of theory, shall be the Supreme Court of British Columbia or the provincial courts located in Vancouver, British Columbia. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. This Agreement is governed by the laws of British Columbia and the laws of Canada applicable therein. Nothing in this Agreement affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the province in which you live.
We may revise this Agreement by posting changes on the Platform. Unless otherwise specified by us, all changes shall be effective upon posting. Therefore, you are encouraged to review the terms of this Agreement regularly. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The headings in this Agreement are only for convenience and will not affect the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will continue in full force and effect.
To clarify, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.
Last Update: July 4, 2023