Terms of Use
Last updated on June 18, 2024
These Terms of Use govern your use of the services provided by Hasu Behavioural Health Inc., d/b/a Focus Mental Wellness and/or WELL Mental Health & Wellness ("Focus") through our platform at www.focusmw.com and wellmhw.com (the "Platform").
By accessing or using our services, you agree to be bound by these Terms of Use. If you do not agree, please do not use our services.
1. Changes to These Terms of Use and Services
Focus reserves the right to modify these Terms of Use at any time. Continued use of the Platform after changes are posted constitutes acceptance of the revised terms.
2. Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms of Use. You must not use the Platform in any way that could damage, disable, overburden, or impair the services.
3. Therapy Services
FOCUS DOES NOT PROVIDE HEALTH CARE SERVICES, MENTAL HEALTH SERVICES, SOCIAL WORK OR PSYCHOTHERAPY SERVICES, OR ANY OTHER PROFESSIONAL SERVICES. Focus is simply a technology service provider that facilitates the Services through the Platform. THERAPISTS ARE NOT THE EMPLOYEES OR AGENTS OF FOCUS AND ARE NOT CREDENTIALED BY FOCUS.
4. Consent to Therapy and Collection, Use and Disclosure of Personal Information
By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, and to the delivery of therapy services by independent registered therapists through the Platform.
5. License Grants
Focus grants you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.
6. User Account
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Focus immediately of any unauthorized use of your account.
7. Term and Termination
These Terms remain in effect while you use the Platform. Focus may terminate or suspend your access at any time for violation of these Terms or for any other reason.
8. Cancellation and Refund Policy
Sessions must be cancelled or rescheduled with at least 24 hours notice. Late cancellations or no-shows will result in a full session fee charge. If your therapist is 15 or more minutes late to a session, you may request a full refund — but only if you choose to terminate the session.
9. Fees and Taxes
All fees are in Canadian dollars (CAD), non-refundable (except as stated in the Cancellation Policy), and are exclusive of applicable taxes. Focus reserves the right to change fees at any time with notice.
10. Submissions
Any information, feedback, or content you submit through the Platform may be used by Focus for any purpose, subject to our Privacy Policy.
11. Ownership
All content and materials on the Platform, including text, graphics, logos, and software, are owned by or licensed to Focus and are protected by applicable intellectual property laws.
12. Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
13. No Unlawful or Prohibited Use
You agree not to use the Platform for any unlawful purpose or in any manner prohibited by these Terms of Use.
14. Third Party Websites
The Platform may contain links to third-party websites. Focus is not responsible for the content or practices of any linked sites.
15. Viruses
Focus does not guarantee the Platform is free of viruses or other harmful components. You are responsible for implementing appropriate security measures on your own devices.
16. Communications Not Confidential or Secure
Internet communications may not be confidential or secure. While we use encryption, Focus cannot guarantee absolute security of data transmitted over the internet.
17. Disclaimer and Limitation of Liability
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL FOCUS'S TOTAL AGGREGATE LIABILITY EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
18. Indemnification
You agree to indemnify and hold harmless Focus and its officers, directors, employees, and agents from any claims arising out of your use of the Platform or violation of these Terms.
19. Release
By using our services, you release Focus from any claims arising from your interactions with therapists or other users of the Platform.
20. Geographic Application of the Platform
Unless otherwise agreed by Focus, the services described in these Terms of Use are solely offered within Canada.
21. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario. Any dispute shall be resolved in the courts of Ontario. You waive any right to participate in a class action lawsuit or class-wide arbitration.
22. General
These Terms constitute the entire agreement between you and Focus regarding your use of the Platform. If any provision is found unenforceable, the remaining provisions remain in full effect.
You agree that it is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. Vous êtes d'accord que c'est la volonté expresse des parties que la présente convention et tous les documents s'y rattachant soient rédigés en anglais.
Questions? Contact us at info@wellmhw.com.