Terms of Use
Last updated on June 2024
This website, www.perinatalcollective.com (“Site”) is owned and operated by The Perinatal Collective, a company operating under the laws of British Columbia, Canada. In these Terms of Use (“Terms”), “we”, “us” and “our” refer to The Perinatal Collective. and the terms “you” or “your” refer to any individual user of our Site or if you are using this Site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products and free or paid offerings, including our online content, webinars, courses, downloadable resources, subscription services, or any other resources (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.
Our telehealth platform, JaneApp, has its own Terms of Use. It is your responsibility to read these Terms of Use carefully prior to booking counselling services with any of our therapists. JaneApp’s terms of use can be found here.
Use of our site and services
When you accessed our Site or opted-in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are the applicable age of majority in your jurisdiction to enter into a contract with us. If you are using this Site on behalf of your employer, you guarantee that you have the authority to bind your employer to the Terms. If you do not meet these requirements, you must stop using our Site.
crisis and emergencies
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR PLANNING OR CONSIDERING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR OTHERS, YOU MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM.
Do not use The Perinatal Collective’s Website or Services during crises. When in crisis, you should contact the following services or seek the services and advice of the Canadian Mental Health Association or other crisis agencies:
Do not use The Perinatal Collective’s Website or Services during crises. When in crisis, you should contact the following services or seek the services and advice of the Canadian Mental Health Association or other crisis agencies:
- Canadian Crisis Centres
- Find your local CMHA
- Crisis Services Canada: 1 (833) 456-4566 (24/7)or text 45645 (4 pm to 12 am ET)
- Kids Help Phone: 1 800 668-6868 (24/7) or text CONNECT to 686868; Languages: English and French
- Hope for Wellness Help Line (available to all Indigenous peoples): 1 (855) 242-3310
- Trans Lifeline Canada: 1 (877) 330-6366
COURSE AND/OR WORKSHOP USE AND CONSENT
When you purchased or opted-into any Services, including any online course or workshop on our Site, you were given reasonable notice that these Terms of Use existed. By purchasing and accessing Services you implicitly agree to abide by these Terms of Use, confirm you are aware of any disclaimers, and acknowledge and agree to our Privacy Policy. Failure to abide by these terms may result in our termination of your use of any Services.
By purchasing or accessing any Services, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Services if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email us at support@perinatalcollective.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.
By purchasing or accessing any Services, you further warrant to us that you are at least 18 years old or the applicable age of majority in your jurisdiction. Purchasing or accessing our Services if you are a minor is a violation of use, and we reserve the right to terminate your access if it is discovered you are a minor.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email us at support@perinatalcollective.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy.
support group and group therapy
If you participate in our support group or group therapy (“groups”), you are solely responsible for your participation, the consequences of your participation, and your reliance on your experience. The Perinatal Collective is not responsible for the consequences of anyone's participation in our groups. If you think you may have a healthcare emergency, call your licensed healthcare professionals or 911 immediately.
In consideration of being allowed to participate in our groups, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
The Perinatal Collective Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
The Perinatal Collective or its licensors have no liability or responsibility to users of The Perinatal Collective Site or any other person or entity for performance or nonperformance of the aforementioned activities.
In consideration of being allowed to participate in our groups, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using groups for any purpose in violation of local, state, national, or international laws;
- Posting or mentioning material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting or mentioning material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Perinatal Collective in its sole discretion;
- Posting or mentioning advertisements or solicitations of business;
- Posting personal contact information such as but not limited to email address, phone numbers, social media links;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting or mentioning chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting, participating or viewing comments;
- Posting the same note more than once or "spamming";
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying our groups or the Site, or which, in the judgment of The Perinatal Collective, exposes The Perinatal Collective or any of its customers or suppliers to any liability or detriment of any type.
The Perinatal Collective Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in our meetings.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all meetings and/or The Perinatal Collective Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the meetings.
- Edit or delete any communication(s) posted on The Perinatal Collective Site, regardless of whether such communication(s) violate these standards.
The Perinatal Collective or its licensors have no liability or responsibility to users of The Perinatal Collective Site or any other person or entity for performance or nonperformance of the aforementioned activities.
fees and refunds for courses and workshops
Fees
Fees are as listed on our Site and in Canadian dollars. We reserve the right to change our Fees at any time and without notice.
Refunds
We do not provide refunds because of the nature of digital products and services.
Chargebacks
You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms to any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
Payment Processing
Any purchase will be processed by one of the following third-party providers: Stripe, Paypal, Convertkit, Teachable, Thrivecart, and Instagram. We strongly encourage you to review the privacy policy of the third-party payment processors we use to process payment when you purchase anything from our Site. Please review our Privacy Policy for more information about how we protect payment details.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
Fees are as listed on our Site and in Canadian dollars. We reserve the right to change our Fees at any time and without notice.
Refunds
We do not provide refunds because of the nature of digital products and services.
Chargebacks
You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms to any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
Payment Processing
Any purchase will be processed by one of the following third-party providers: Stripe, Paypal, Convertkit, Teachable, Thrivecart, and Instagram. We strongly encourage you to review the privacy policy of the third-party payment processors we use to process payment when you purchase anything from our Site. Please review our Privacy Policy for more information about how we protect payment details.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS
Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, copyright, and services (“Intellectual Property”) presented on our Site, through services, or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Service is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever without written explicit permission from us.
Digital Product Limited License
When you purchase or opt-in to any of our digital products, services or other resources (collectively “Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access our Digital Products. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use or use in your business for non-commercial purposes; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only.
For clarity, as a condition of your limited license you may not: (i) re-sell, distribute or trade your access or passwords to access the Digital products; (ii) share the Digital Products with anyone else who has not yet purchased it or opted in to receive it; (iii) republish any of the Digital Products, in part or in whole; (iv) distribute any of the materials contained in the Digital Products or related materials and/or communications as your own; (v) use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work; (vi) claim ownership or use over any of our intellectual property, including but not limited to our Digital Products without our prior consent, which includes (but is not limited to): copyrights such as downloads, resources, courses, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of any of our Digital Products or other offerings (and its related communications and materials); or (vii) use our Digital Products or Intellectual Property in any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, copyright, and services (“Intellectual Property”) presented on our Site, through services, or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Service is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever without written explicit permission from us.
Digital Product Limited License
When you purchase or opt-in to any of our digital products, services or other resources (collectively “Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access our Digital Products. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use or use in your business for non-commercial purposes; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only.
For clarity, as a condition of your limited license you may not: (i) re-sell, distribute or trade your access or passwords to access the Digital products; (ii) share the Digital Products with anyone else who has not yet purchased it or opted in to receive it; (iii) republish any of the Digital Products, in part or in whole; (iv) distribute any of the materials contained in the Digital Products or related materials and/or communications as your own; (v) use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work; (vi) claim ownership or use over any of our intellectual property, including but not limited to our Digital Products without our prior consent, which includes (but is not limited to): copyrights such as downloads, resources, courses, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of any of our Digital Products or other offerings (and its related communications and materials); or (vii) use our Digital Products or Intellectual Property in any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to support@perinatalcollective.com.
Registration and Security of your Account
When booking counselling services through our telehealth platform, JaneApp, you will need to register and create an account. Please view JaneApp’s terms of use in detail before registering.
Users and Mental Healthcare Professionals are required to complete an online registration form or enter information into data fields to access certain portions of the Website. In exchange for The Perinatal Collective granting you access to these portions of the Website, you agree to provide true, current, complete, and accurate information when we require such information. You also agree to update this information as soon as possible if such information changes.
You are solely responsible for ensuring the security and confidentiality of any password(s). You may create your own password(s) or password(s) may be provided to you. You shall not share your password(s) with anyone at any time. You will prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized use. You may notify us at: support@perinatalcollective.com. In addition, in order to provide and maintain a secure service, you must not disclose any security vulnerability to any person except to us. As soon as possible upon discovering any issue or problem that may pose a risk to the security or use of the Services, you must notify us at: support@perinatalcollective.com.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering emails and digital resources, booking systems, telehealth platforms (JaneApp), and running live events. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
Any communications made through our blog comments, social media pages or other related pages, or directly to our phone(s), mailing or email addresses are not held privileged or confidential and may be subject to viewing by third parties. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
Any communications made through counselling services are governed through our telehealth platform, JaneApp’s Terms of Use and JaneApp’s Privacy Policy. Please view these in detail for more information.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to support@perinatalcollective.com.
Registration and Security of your Account
When booking counselling services through our telehealth platform, JaneApp, you will need to register and create an account. Please view JaneApp’s terms of use in detail before registering.
Users and Mental Healthcare Professionals are required to complete an online registration form or enter information into data fields to access certain portions of the Website. In exchange for The Perinatal Collective granting you access to these portions of the Website, you agree to provide true, current, complete, and accurate information when we require such information. You also agree to update this information as soon as possible if such information changes.
You are solely responsible for ensuring the security and confidentiality of any password(s). You may create your own password(s) or password(s) may be provided to you. You shall not share your password(s) with anyone at any time. You will prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized use. You may notify us at: support@perinatalcollective.com. In addition, in order to provide and maintain a secure service, you must not disclose any security vulnerability to any person except to us. As soon as possible upon discovering any issue or problem that may pose a risk to the security or use of the Services, you must notify us at: support@perinatalcollective.com.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering emails and digital resources, booking systems, telehealth platforms (JaneApp), and running live events. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
Any communications made through our blog comments, social media pages or other related pages, or directly to our phone(s), mailing or email addresses are not held privileged or confidential and may be subject to viewing by third parties. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
Any communications made through counselling services are governed through our telehealth platform, JaneApp’s Terms of Use and JaneApp’s Privacy Policy. Please view these in detail for more information.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
For Assumption of Risk and Disclaimers related to Counselling Services, please view JaneApp’s Term of Use.
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and do not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided unless expressly indicated otherwise.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
By visiting our site, no therapist-client relationship is formed. We owe you no duty of confidentiality or other professional duty as a result of your use of our Site and/or Services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and do not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided unless expressly indicated otherwise.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
By visiting our site, no therapist-client relationship is formed. We owe you no duty of confidentiality or other professional duty as a result of your use of our Site and/or Services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability
THE SERVICES ARE OFFERED FOR INFORMATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE MEDICAL ADVICE OR MEDICAL CARE, OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
THE PERINATAL COLLECTIVE ITSELF DOES NOT OFFER OR GIVE THERAPY OR MEDICAL ADVICE, OR PROVIDE THERAPY, MEDICAL OR DIAGNOSTIC SERVICES. ANY THERAPY SERVICES OBTAINED BY YOU THROUGH OUR WEBSITE WILL BE MADE AT SUCH USER’S OWN RISK. THERAPY SERVICES ARE EXECUTED BETWEEN CLIENTS AND THERAPISTS, NOT WITH THE PERINATAL COLLECTIVE.
MENTAL HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH YOU AND FOR ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH MENTAL HEALTHCARE PROFESSIONAL. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM THE PERINATAL COLLECTIVE WITH RESPECT TO ANY AND ALL SUCH CLAIMS.
ANY AND ALL HEALTH CARE OR THERAPY RELATED SERVICES OBTAINED BY A USER THROUGH THE WEBSITE SHALL BE OBTAINED AT THE USER’S OWN RISK.
You agree and acknowledge that the information on this site does not replace a session with a licensed qualified professional. You should never rely on or make health or well-being decisions solely on use of this Website. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you received through the Website. Users should exercise a high level of care and caution in the use of the Website.
THE PERINATAL COLLECTIVE does not guarantee the authenticity or accuracy of any information provided on the Website, including information regarding the qualifications of Mental Healthcare Providers, including their degrees, licenses, certifications, credentials, or background, although it makes every effort to do so.
We have no control over and cannot guarantee the availability of any Mental Healthcare Professional at any particular time or guarantee a particular Mental Healthcare Professional’s office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. We are not responsible for a Mental Healthcare Professional’s availability to respond to any form of communication, including, without limitation, email messages and phone messages.
Users should investigate Mental Healthcare Professionals thoroughly before contacting them, by reviewing listed credentials, education, and insurance coverage, and to further verify information about a particular Mental Healthcare Professional. Users hereby acknowledge and agree that the ultimate decision to engage the services of a Mental Healthcare Professional remains solely with the User despite the User’s use of the Services, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding to actually engage, and use the services of, any Mental Healthcare Professional listed in our Website.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
THE SERVICES ARE OFFERED FOR INFORMATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE MEDICAL ADVICE OR MEDICAL CARE, OR A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
THE PERINATAL COLLECTIVE ITSELF DOES NOT OFFER OR GIVE THERAPY OR MEDICAL ADVICE, OR PROVIDE THERAPY, MEDICAL OR DIAGNOSTIC SERVICES. ANY THERAPY SERVICES OBTAINED BY YOU THROUGH OUR WEBSITE WILL BE MADE AT SUCH USER’S OWN RISK. THERAPY SERVICES ARE EXECUTED BETWEEN CLIENTS AND THERAPISTS, NOT WITH THE PERINATAL COLLECTIVE.
MENTAL HEALTHCARE PROFESSIONALS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH YOU AND FOR ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH MENTAL HEALTHCARE PROFESSIONAL. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM THE PERINATAL COLLECTIVE WITH RESPECT TO ANY AND ALL SUCH CLAIMS.
ANY AND ALL HEALTH CARE OR THERAPY RELATED SERVICES OBTAINED BY A USER THROUGH THE WEBSITE SHALL BE OBTAINED AT THE USER’S OWN RISK.
You agree and acknowledge that the information on this site does not replace a session with a licensed qualified professional. You should never rely on or make health or well-being decisions solely on use of this Website. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you received through the Website. Users should exercise a high level of care and caution in the use of the Website.
THE PERINATAL COLLECTIVE does not guarantee the authenticity or accuracy of any information provided on the Website, including information regarding the qualifications of Mental Healthcare Providers, including their degrees, licenses, certifications, credentials, or background, although it makes every effort to do so.
We have no control over and cannot guarantee the availability of any Mental Healthcare Professional at any particular time or guarantee a particular Mental Healthcare Professional’s office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. We are not responsible for a Mental Healthcare Professional’s availability to respond to any form of communication, including, without limitation, email messages and phone messages.
Users should investigate Mental Healthcare Professionals thoroughly before contacting them, by reviewing listed credentials, education, and insurance coverage, and to further verify information about a particular Mental Healthcare Professional. Users hereby acknowledge and agree that the ultimate decision to engage the services of a Mental Healthcare Professional remains solely with the User despite the User’s use of the Services, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding to actually engage, and use the services of, any Mental Healthcare Professional listed in our Website.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
DISPUTES AND CLAIMS
Notice of Dispute or Claim
You will not file any legal action against The Perinatal Collective in any forum without submitting a detailed description of your dispute or claim to us at support@perinatalcollective.com (subject "Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to privacy laws, and any other information a reasonable person would consider relevant to resolving the issue. We will do our due diligence to resolve your dispute internally. In the event mediation or litigation is required, they shall take place in the courts of Victoria, British Columbia.
You waive your right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public. Your breach of these Terms is likely to cause immediate and/or irreparable harm to The Perinatal Collective. As such, we may seek injunctive relief against you without the need to post bond.
Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
You will not file any legal action against The Perinatal Collective in any forum without submitting a detailed description of your dispute or claim to us at support@perinatalcollective.com (subject "Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to privacy laws, and any other information a reasonable person would consider relevant to resolving the issue. We will do our due diligence to resolve your dispute internally. In the event mediation or litigation is required, they shall take place in the courts of Victoria, British Columbia.
You waive your right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public. Your breach of these Terms is likely to cause immediate and/or irreparable harm to The Perinatal Collective. As such, we may seek injunctive relief against you without the need to post bond.
Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
general
Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.
Governing Law, Jurisdiction; Legal Fees
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Victoria, British Columbia. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at support@perinatalcollective.com and we will add you to our notification list.] If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: support@perinatalcollective.com.
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.
Governing Law, Jurisdiction; Legal Fees
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Victoria, British Columbia. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at support@perinatalcollective.com and we will add you to our notification list.] If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: support@perinatalcollective.com.
