- Service Overview. Change Mental Health connects mental health professionals (licensed psychologists) with patients who need access to mental healthcare but who don’t otherwise have access. These mental health professionals who have experience and training in the health and wellness field (“Practitioners”) will give free pro-bono consultations to individuals who register to use our Website (“Users”, “Patients”). Each patient is given an access code supplied by their school board or non-profit organization (“Partners”). Our service facilitates the scheduling and booking of online video-conferencing, phone or in-person consultations between Patients and the Practitioners of their choice (the “Service”). Change Mental Health is a free service. No Practitioners, Patients or Partners are charged for using the Change Mental Health platform.
- Booking and Arranging Sessions. Once You are registered as a Practitioner, Users will be able to search for and locate Your public page on the Website. They will be able to schedule teleconferences, videoconferencing or in-person sessions with You by using the calendar functionality on the Website (each a “Session”). When a User selects a time for a Session, You will be alerted with a ‘pending’ status appointment on your dashboard. You will have the ability to accept, reject or suggest an alternative time for the Session. Once accepted, the Session will be set in Your calendar/dashboard and the relevant User’s dashboard.
- Minors. The Service is not intended for use by minors. If You are a Practitioner and You have reason to believe or suspect that a User is below the age of 18 please inform us promptly so we can take appropriate steps.
- Cancelling Sessions. If You cannot make an agreed Session due to unforeseen circumstances beyond your control (including emergencies), You must use Your best efforts to inform the User prior to the Session (in accordance with Your selected cancellation policy) and attempt to reschedule the Session. To cancel an appointment Yourself, simply cancel the appointment in Your “Dashboard”.
- User Disputes and Complaints. Users may lodge complaints if they are dissatisfied with a Session or Practitioner within 48 hours after a Session has taken place. You will be notified directly from your patient or from us pertaining to You or a Session which You participated in. You are solely responsible for your interactions with patients on the Change Mental Health platform. We reserve the right, but have no obligation, to monitor disputes between you and your health practitioner. If Change Mental Health considers a complaint valid and such complaint relates to non-attendance, abusive or unprofessional conduct by You, Change Mental Health reserves the right to terminate or suspend Your access to the Service, to remove You from our register of Practitioners and to exercise any other rights and remedies that Change Mental Health may have.
- Communication Platforms. Change Mental Health is not liable for any third party communication platforms including Skype or any telecommunication service. For procedures regarding lags, disconnections, or interruptions with said third party communication platforms, please consult our Troubleshooting Procedures.
- Your Conducts. You acknowledge and agree that You are solely responsible for any information or advice that You provide using the Service and you represent and warrant that You will only provide advice and information which is appropriate and accurate to the specific User(s). In addition, the Service is not intended as a substitute for obtaining appropriate medical advice from a User’s doctor or other healthcare professional. Accordingly, in the case of an emergency or any suspected serious medical condition or ailment, you must advise the User that they should contact a trusted, local health care professional immediately.
In using the Website and Service You agree that You will not:
(a) copy or distribute any part of the Website (including any User Content shared with You) without our prior written consent and the consent of the User (where related to User Content);
(b) alter or modify any part of the Website;
(c) upload, post, email, transmit or otherwise make available on the Website or through the Service:
i) any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
ii) any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
iii) any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
iv) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or visitors to the Website or that compromises a User’s privacy;
(d) impersonate any person or entity or misrepresent their affiliation with a person or entity;
(e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(f) collect or store personal information about Users or viewers except for information shared with You directly by Users; or
(g) resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
- Feedback: Website and/or Service. If You provide Change Mental Health with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Service, Change Mental Health may use such Feedback in the Website or in any other Change Mental Health products or services (collectively, "Change Mental Health Offerings"). Accordingly, You agree that: (a) Change Mental Health is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Change Mental Health, (c) Change Mental Health (including all of its successors and assigns and any successors and assigns of any of the Change Mental Health Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Change Mental Health Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Change Mental Health or any of the users of the Website.
- Feedback: End Users. Users have the option to leave recommendations for You after completion of a session. If You receive a recommendation, You may use it to promote your services, if applicable.
- Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Change Mental Health. Change Mental Health is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Change Mental Health websites does not imply that Change Mental Health endorses or accepts any responsibility for the content or use of such websites.
- DISCLAIMER.THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, CHANGE MENTAL HEALTH DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHANGE MENTAL HEALTH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CHANGE MENTAL HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND CHANGE MENTAL HEALTH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OR LIABILITYUNDER NO CIRCUMSTANCES SHALL CHANGE MENTAL HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. WE SHALL NOT BE LIABILE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERENET, AND EMAIL DISCONTINUITY. THESE LIMITATIONS SHALL APPLY EVEN IF CHANGE MENTAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
- Release. Because Change Mental Health does not supervise or control interactions between Users and Practitioners, and because Change Mental Health cannot guarantee the true identity, age, nationality of Users, and because Change Mental Health has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and you agree to release Change Mental Health (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your third party transactions and in connection with Change Mental Health’s resolution of any disputes between Users and You. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Security. Information sent or received through Change Mental Health is secured through 128-256 bit SSL encryption.
- Copyright and Tradermark Information. This Website, and the information and materials that it contains, are the property of Change Mental Health and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Change Mental Health product names and logos are trademarks or registered trademarks. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Change Mental Health. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
- Changes to the Service or Website. Change Mental Health reserves the right to alter, suspend, or discontinue this Website and/or the Service at any time and for any reason or no reason without any liability to You. In such cases, Change Mental Health will endeavor to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Change Mental Health may periodically add or update the information and materials on this Website without notice.
Please contact us at email@example.com with any questions regarding these Terms.
LAST UPDATE: October 6, 2011