Terms of Service
(Last Updated: April 30th, 2019)
First Session Health Inc. (referred to herein as “First Session”, “we”, “us” or “our”) is a corporation duly incorporated under the laws of Canada, and provides services (the “Services”) connecting social workers, psychotherapists, psychologists (each, a “Mental Healthcare Professional”), with members of the public (each a “User”) through our website located at www.firstsession.co, applications, or other online resources provided by First Session (collectively, the “Website”). The Website contains profiles for Mental Healthcare Professionals which including videos and other information. Users can view these videos, and schedule initial consultations through the Website.
By accessing or using our Website, you agree to comply with and be legally bound by these Terms, and any amendments thereon as published on the Website, whether or not you use the Services. These Terms govern your access to and use of the Website and Services. If you do not agree to these Terms, you must stop using the Website and Services.
Eligibility to Use the Website and the Services
You must be at least 18 years of age to use the Services without supervision. If you are between the ages of 16 and 18, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these Terms, you must not use the Services. Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
By using the Services, you are agreeing and stating that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are only available to Mental Healthcare Professionals or Users residing in Canada.
Crises 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 First Session’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
- Toronto Distress Centre: 416-408-HELP (4357)
- Toronto Gerstein Centre: (416) 929-5200
Right to Modify
Disclaimer 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.
FIRST SESSION 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.
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 FIRST SESSION WITH RESPECT TO ANY AND ALL SUCH CLAIMS.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES.
FIRST SESSION IS NOT RESPONSIBLE FOR ANY CONTENT POSTED TO THE WEBSITE BY A HEALTH CARE PROFESSIONAL OR A USER, OR ANY INFORMATION OR CONTENT COMMUNICATED BETWEEN A HEALTH CARE PROFESSIONAL AND A USER USING THE WEBSITE.
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 Services do not replace an in-person 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.
First Session 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 do not recommend or endorse any Mental Healthcare Professional, nor do we make any representation or warranty with respect to the quality of the services they may provide.
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 the functionality of a Mental Healthcare Professional’s website, or 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 public listing register for the applicable licensing authorities (click here to access websites for the CRPO, OCSWSSW, and CPO) to verify 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.
Registration and Passwords
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 First Session 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.
Website Access and Profiles
If you are a User, you may engage with the Website without providing Personal Information. However, if you would like to send a message to, or book a consultation with, a Mental Healthcare Professional on the Website, you may be asked for Personal Information such as your first and last name, email address, phone number, and other information of your choice, which information shall be disclosed only to First Session and the Mental Healthcare Professional who you choose to contact. By booking a consultation or sending a message through First Session’s forms or features, you understand that your message may be sent by email, which is not a secure means of communication.
If you are a Mental Healthcare Professional, you agree to work with First Session to create an online profile (each a “Profile”). Mental Healthcare Professionals will provide First Session with information such as his or her name, educational background, and professional statement, and a First Session representative will create a Profile on the Website and update information on the Profile as requested. Profiles will be made publicly available via the Website.
Mental Healthcare Professional Eligibility Requirements
By using the Website for the purposes of providing Services, you represent and warrant that:
- All registration information you submit (including but not limited to your licence information) is accurate and truthful and you will maintain the accuracy of such information;
- You are, and will be at any time that you use the Services, permitted to provide health care services, a member and in good standing with the regulatory college or board of your jurisdiction, and shall meet all other legal requirements to provide health care services to Users in the locations where you provide such services;
- There are no pending investigations, actions or other proceedings, in any jurisdiction, against you, or against any health profession corporation of which you are a shareholder, in which claims are made that you have made errors or omissions or that otherwise relate to, or arise from the performance of, your duties as a regulated professional;
- No judgments have been rendered against you, in any court of competent jurisdiction or arbitral tribunal in any jurisdiction in any proceeding related to, or arising from, the performance of your duties as a regulated professional;
- There are no pending or actual referrals, inquiries, complaints or investigations against you, before your regulatory college or any other medical governing body;
- No committee or body of any medical governing body having similar authority nor any court has ever made a finding of professional misconduct or incompetence against you, nor revoked or suspended your certificate of registration or licence to provide health care services or the certificate of authorization of any health profession corporation of which you are shareholder; and
- You have no criminal record for which a pardon or expungement order has not been granted and you are not under any criminal investigation, proceeding or charge in any jurisdiction.
Your profile may be removed and your participation may be terminated without warning if First Session believes that you are in breach of any of the foregoing representations and warranties. You agree to immediately inform First Session in writing of any change in any of the representations and warranties set forth above, and to immediately stop using the Website and Services until you are re-authorized by First Session in writing to resume use of the Website and Services.
These content standards apply to all information and content publicly posted or uploaded by a User or Health Care Professional to the Website (collectively, “Content”), including personal information, feedback, and reviews. All such content must fully comply with all applicable federal, provincial, municipal and international laws and regulations. Additionally, without limiting the foregoing, such content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Use and Ownership of Videos
For certainty, all videos of Health Care Professionals provided on the Website or posted on the First Session youtube.com channel are the sole and exclusive property of First Session and may not be used by Health Care Professional or Users without the express written permission of First Session.
If you comply with these Terms, First Session grants you a personal, revocable, limited, non-exclusive, and non-transferable Licence to (i) access the Website and Services for your personal and non-commercial use; and (ii) to access User or Mental Healthcare Professional Content for your personal and non-commercial use. You have no right to sub-licence any rights granted herein. You agree to not use, copy, adapt, modify, distribute, sell, transfer, or otherwise exploit any content or information contained within the Website or otherwise belonging to First Session. No right, title, or interest in the Website or Services is transferred to you.
If you use or provide another person access to the Website or Services in breach of these terms, your aforementioned licence will be revoked immediately.
First Session may suspend your ability to use all or any portion of the Website and Services or may terminate these Terms effective immediately, without providing any notice or explanation. Without limiting the foregoing, First Session may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to access the Website or Services, or to re-establish a Profile. You agree that First Session shall not be liable to you for any termination of your access to the Website or the Services.
You may cancel your Profile at any time by sending an email to firstname.lastname@example.org. Please note that if your Profile is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Website.
If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond promptly in accordance with the Copyright Act, RSC 1985, and all associated regulations.
Authorization and Acknowledgment
You authorize and acknowledge that First Session, in its sole discretion, may:
- Select Mental Healthcare Professionals to be featured on the Services based on pre-existing contractual agreements with the Mental Healthcare Professionals and that such selection is not an endorsement of such Mental Healthcare Professionals;
- Charge Mental Healthcare Professionals a fee to be advertised, marketed, and/or featured on the Website; and
- Use only the information provided to First Session (such as insurance information, proximity to your geographical location, and additional criteria that Users specify) to populate search results for applicable Mental Healthcare Professionals.
By agreeing to these Terms of Service, Users and Mental Healthcare Professionals acknowledge that they have read and fully understand them and acknowledge to be bound by the provisions herein.
First Session’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of First Session or its affiliates or licensors. You may not use such marks without the prior written permission of First Session. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Disclaimer/Limitation of Liability
THE LAWS OF SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ERRORS AND/OR OMISSIONS MAY OCCUR DESPITE OUR BEST EFFORTS TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE. AS SUCH, THE WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY ERRORS AND/OR OMISSIONS. FIRST SESSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FIRST SESSION SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF FIRST SESSION.
IN NO EVENT SHALL FIRST SESSION OR FIRST SESSION’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF FIRST SESSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
FIRST SESSION IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY THERAPIST LISTED IN THE SITE.
You agree to defend, indemnify, and hold harmless First Session and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your violation by you of these Terms; (b) your Content, and (c) your engagement and use of any services provided by a Mental Healthcare Professional, including but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a your engagement and use of any services provided by a Mental Healthcare Professional.
By using the Website and the Services you agree to release, discharge and hold harmless First Session and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Website, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Website.
Governing Law and Jurisdiction
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein. Any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto in the Province of Ontario. If any provision of the present Terms of Service shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Any and all disputes, demands, claims, or causes of action (including the interpretation and scope of this clause) between you and First Session or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Arbitration Act, 1991, SO 1991. The arbitration shall be conducted before one arbitrator with substantial experience in resolving commercial contract disputes and duly certified by the Canadian Arbitration Association. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration shall be conducted pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc., in the English language, in which the decision of the arbitrator(s) shall be conclusively deemed to determine the rights and liabilities between the parties to the arbitration in respect of the matter in dispute. There shall be no appeal from the award of the arbitrator made in accordance with the provisions of this section.
The failure by First Session to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of First Session. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Your Comments and Concerns
This Website is operated by First Session Health Inc. If you have any questions about these Terms or if you wish to report a problem to us regarding the Website or a Mental Healthcare Professional listed on our Website, please contact us at email@example.com.