Terms of Use
Legal Agreement This terms of use agreement (the “Agreement”) is a legal agreement that governs the access and use of services through the web platform https://www.knowmewell.ca/ (the “Website”), to facilitate connection with a registered psychotherapist, related administrative functions, including but not limited to telephone and customer services, reception, appointment scheduling, and booking (collectively the “Services”), operated and managed by Know Me Well. (“we”, “us”, “our”, or “Know Me Well”). Individuals (“you”, “your”, or the “User(s)” throughout) who visit our Website may use the Services to seek psychotherapy. References to you, your and User(s) used throughout this Agreement also includes a User’s substitute decision maker as defined under the Health Care Consent Act, 1996, where applicable.
To access our Services, Users must access the Website and create an account (the “User Account”) by clicking on “Create an Account” and following the instructions provided. Contracts with Jane Software Inc. (“Jane”) to provide the electronic medical record and virtual care platform and it is through Jane that the User Account is facilitated. This Agreement governs your access and use of the User Account and Website by you and all materials displayed or made available through the User Account or Website, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Website.
By accessing and using our Services, you are indicating that you accept 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 our Services. Know Me Well may revise this Agreement at any time with reasonable notice to you. Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms of this Agreement.
Services
The Services provided by Know Me Well, as defined above, are intended to facilitate connecting Users to therapy, and providing administrative and other support to such Users. The Website allows you to book psychotherapy appointments by redirecting you to an online service provided by a third-party vendor, Jane Software Inc. (the “Jane”). Use of our Services requires you to consent to the use of Jane. You do so entirely at your own risk. You should review the Jane Privacy Policy and Terms of Use,prior to deciding whether to use our Services. If you do not agree with any of the Jane privacy policies or terms of use, you must not use our Services.
Registration. To use certain features of the Website, you must create a User Account with us. When you register for a User Account, you agree to: provide true, accurate, current, and complete information, and maintain and promptly update the information to ensure it remains true, accurate, current, and complete.
If Know Me Well has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, Know Me Well will have the right to suspend or terminate your access to all or part of our Services. Our use of any personal information you provide to us at any point is governed by the terms of our FAQs & PolicyFAQs & Policy.
Unless otherwise permitted by Know Me Well in writing, you may only possess one User Account.
Usernames and Passwords. You are responsible for maintaining the confidentiality of the password you use in association with your User Account and Website. You are also responsible for all activities that occur under your username and password. If Know Me Well has reasonable grounds to suspect that you are sharing your username or password with anyone, Know Me Well will have the right to suspend or terminate your User Account and your access to the Services.
Administrative Fee. Currently, creating a User Account and accessing the Website are provided free of charge. Know Me Well reserves the right to charge a fee in the future with reasonable notice provided to you.
The Website or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by Know Me Well of any third-party website and its content. Unless specifically stated, Know Me Well does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:
- regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
- regarding the merchantability or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
- that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.
Know Me Well reserves the right to provide or remove any links on the Website at any time and do so without notice. For clarity, Know Me Well does not own or operate Jane and Know Me Well disclaims all liability arising to you from your use of the Jane.
The Website and Content are provided “as is” and “as available”. While Know Me Well endeavors to provide accurate, current, and timely information,Know Me Well makes no representation, warranties or covenants, express or implied, regarding the Website or Content including, without limitation, no representation, warranty or covenant that:
- the Website or Content contained in or made available through the Website will be of merchantable quality or fit for a particular purpose;
- the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
- the operation of the Website or Content will be uninterrupted or error free;
- defects or errors, whether human or computer errors, in the Website, Content or any other part of our Services will be corrected;
- the Website or Content will be free from viruses or harmful components; and
- that communications to or from the Website or Content will be secure or not intercepted.
Please see our FAQs & Policy for more information regarding communication security and confidentiality.
You acknowledge and agree that your access and use of the Website or Content is solely at your own risk and liability.
Limitation of Liability In no event shall Know Me Well be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to your use or misuse of any part of our Services, User Account, Website or Content or your inability to use our Services including the Website, Content or User Account.
You acknowledge and agree that Know Me Well disclaims any and all liability for the acts, omissions, and conduct of any third-parties on the Website, or any advertisers or sponsors of the Website or Content and any other part of our Services (collectively, “third-party”). Under no circumstances shall Know Me Well or their respective successors and assigns be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:
- the acts, omissions, or conduct of any third-party, and
- 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 or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Know Me Well knew of or ought to have known of the possibility of such damages.
Indemnity You agree to indemnify, defend, and hold harmless Know Me Well and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:
- your breach of any of the terms and conditions of this Agreement;
- your access to, use, misuse, reliance upon, or inability to access or use the Website or any other part of our Services from time to time; or
- your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or any other part of our Services.
Modification to the Website Know Me Well reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and any other part of our Services without notice to you. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services including our Website. Know Me Well shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website or Content or any part thereof.
Termination Know Me Well may, in its sole discretion, cancel or terminate your right to use the Website or User Account, or any parts of our Services at any time without notice. In the event of termination, you are no longer authorized to access the Website or User Account or the parts of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website set out in this Agreement shall survive termination of this Agreement. Know Me Well shall not be liable to you or to any third-party for such termination.
Discontinuation of User Account You may discontinue your User Account with us at any time, for any reason, by sending an email to admin@knowmewell.ca. Please see our FAQs & Policy in relation to retention of information.
Use Prohibited Where Contrary to Law Use of the Website, Content and any part of our Services is unauthorized in any jurisdiction where the Website or any part of our Services may violate any laws or regulations. You agree not to access or use the Website or any part of our Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
Governing Law The Website and all parts of our Services are operated by Know Me Well in Ontario, Canada. You agree that all matters relating to your access or use of the Website, User Account, Content, Software, and any part of our Services shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website or any part of our Services as well as any dispute that may arise therefrom.
Severability If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.
Waiver Any consent by Know Me Well, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.
Entire Agreement This is the entire Agreement between you and Know Me Well relating to your access and use of the Website and any part of our Services. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and Know Me Well relating to the subject matter of this Agreement.
Contact Us Questions or comments regarding the Website or any part of our Services should be directed to Know Me Well’s administrator at anthea.lai@knowmewell.ca.