Terms of Use (End User)

Last Updated: August 30, 2022

USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

General Information

These Terms of Use are the binding contract between you and Greenspace Mental Health Ltd. (“Greenspace” or “we”) about your use of this Website and the services provided by Greenspace in connection with this Website (collectively, the “Services”). Please read these Terms of Use (the “Terms”) carefully.

By using the Services, you signify your agreement to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use the Services.

The Terms are divided into the following sections, which can be accessed by clicking on the hyperlinks below:

• Our Services
• Access
• No Unlawful or Prohibited Use
• Limitation of Liability
• Indemnity & Release
• No Warranties & Disclaimers
• Legal – Copyrights, Trademarks, Disclaimers
• Mobile Network
• Modifying & Terminating the Website or Services
• Third Party Platforms
• Non-Solicitation Policy
• General Provisions
• Contact Us

We may change or revise these Terms from time to time in our sole discretion. Periodically visit this page to review the current Terms. Your access and use of the Website and Services will be subject to the most current version of the Terms. Your use of the Website and Services after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. If you disagree with any change to the Terms, you may close your Account and refrain from using the Services. Continuing to use the Services after we post or communicate a change signifies that you consent to the revised Terms.

Our Services

We provide the following Services:

• a mental health self-assessment tool;
• a variety of on-line content and tools that may be relevant to you;
• if requested, instructions on how to access peer support or a mental health professional; and
• the provision of other information about Greenspace and our services.

The Services do not include the provision by Greenspace of health care services, mental health services or social or psychotherapy services, or any other professional services. Greenspace is a technology service provider that provides assessment, content and facilitates access to others that may provide such services.

Professional service providers or peer support workers that you may access are not the employees or agents of Greenspace and are not credentialed by Greenspace. Greenspace does not have any oversight of the care provided to you by providers. Each Provider is an independent practitioner who is solely responsible for any health care services or social or psychotherapy services provided to you, and is also solely responsible for obtaining your informed consent, where required, to any medical treatment.

While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other regulated health professional with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your physician or other regulated health professional because of something you have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a physician or other regulated health professional immediately.

The content on the Website is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. You should always talk to your physician or other regulated health professional for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on the website represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.

Access

To use certain features of the Website or certain Services, you must establish an account (“Account”). Your right to access and use the Website and Services is personal to you and is not transferable by you to any other person or entity. Upon registration, you will provide a username and password. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the account of any other user, without that user’s permission. You agree to immediately notify Greenspace of any unauthorized use of your password or username or any other breach of security.

You must provide accurate and complete information and keep your Account information updated. All personal information associated with your Account or your use of the Services is collected, used and disclosed in accordance with our Privacy Policy.

By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Patient Terms of Use and to provide you with any notices given pursuant to these Patient Terms of Use; and (b) electronic records to store information related to these Patient Terms of Use or your use of the Services. Greenspace cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

We reserve the right to deny you access to the Services or any part thereof, in order to maintain or restore security or performance to the Services. We may also do so if we reasonably believe you are in breach of these Terms or your Account has been or may be being used or may be used by an unauthorized person.

There is no guarantee that you will be accepted as a registered user of the Services.

No Unlawful or Prohibited Use

You may only use the Services for your personal, non-commercial use and as permitted by the features of the Website and these Terms. As an essential condition of your use of the Services, you agree that you will not use them, in whole or in part, for any purpose that violates any applicable federal, provincial/territorial, local or international law, or any regulations having the force of law. You shall also not engage in the following unauthorized activities:

1. Damaging, disabling, impairing overburdening or otherwise impairing the Website, servers or networks of Greenspace
2. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks
3. Interfering with any other party’s use of the Services
4. Attempting to gain unauthorized access to the Services, through hacking, password mining or any other means
5. Accessing or altering data, including personal data of other users, when you are not authorized to do so
6. Using data collected from the Services to contact individuals, companies, or other persons or entities, including without limitation for any direct marketing activity
7. Modifying, moving, adding to, deleting or otherwise tampering with the information from the Services
8. Making the functionality of the Website available to multiple users through any means.
9. Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized by us to access the Website, scrape content, extract data or otherwise interfere with or modify the rendering of App pages or functionality
10. Decompiling, reverse engineering, disassembling or unlawfully using or reproducing any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information from the Services
11. Upload, post, e-mail or otherwise transmit using the Services any material that:
1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
2. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
4. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
12. harvest or otherwise collect or store any information (including Personal Information) about other users of the Services, including e-mail addresses, without the express consent of such users;
13. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website; and
14. encourage or instruct any other person or entity to do any of the foregoing.

You also agree to immediately notify us if you learn of a security breach or other illegal activity in connection with the Services.

We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities about users who are involved in any of the above violations. You acknowledge and agree that Greenspace can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.

Limitation of Liability

You acknowledge and agree that Greenspace Mental Health Ltd. and St. Francis Xavier University, and their respective affiliates, members, directors, officers, employees, counsel, agents, mandataries, representatives, sponsors, licensors, successors and assigns (collectively, the “Project Entities”) will have no liability whatsoever, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, in connection with or arising from your use of the Services. Your only right, recourse or remedy with respect to any problems or dissatisfaction with the Services is to immediately cease use of our Services. We shall not be liable to you, whether in contract, tort (including negligence), extra-contractually or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to us, for:

1. any indirect, special, incidental or consequential damages; or
2. any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
3. any personal injury or death;
4. any damage to or corruption of data (whether direct or indirect);
5. any claim, damage or loss (whether direct or indirect) arising from or relating to your inability to use the Services; or
6. any claim, damage or loss (whether direct or indirect) arising from or relating to:
7. any product or service provided by a third party under their own terms of service;
8. any third party technology; or
9. any third party website.

Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for any personal injury or death, incidental, consequential or similar damages, including Quebec. Accordingly, some of the above limitations may not apply to you.

Indemnity & Release

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Project Entities from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Services or your breach of the Terms. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding. In particular, you agree to indemnify and hold harmless the Project Entities for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on the Services.

To the extent permitted by law, you agree to release and discharge the Project Entities and any other third party that may from time to time participate in the Services (whether as a participant or in an administrative, operational or other capacity), and each of their respective directors, officers, employees, counsel, agents, mandataries, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of the Services.

No Warranties & Disclaimers

We provide our Website and Services using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Services, Greenspace does not provide any warranties about the Website or Services.

As with any other website or app you use, when you access our Website, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Website in respect of any such potential risks.

The Services, and all content made available on, through or in connection with the Services, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Services will be available for use. All implied representation, warranties and conditions relating to the Services and all content on the Website are hereby disclaimed to the greatest extent permitted by law. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the accuracy, timeliness, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, content associated with your use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, such as Quebec, so the above exclusion may not apply to you.

The content on the Website may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Greenspace reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Greenspace will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. Greenspace reserves the right to refuse to provide Services that are based on inaccurate or erroneous information on the Greenspace Platform, including, without limitation, incorrect or out-of-date information, or for any other lawful reason.

Legal – Copyrights, Trademarks, Disclaimers

The Website, including all software, algorithms, protocols, and interfaces associated therewith, and all intellectual property associated with the Services (such as copyrights, inventions, patents, trademarks, trade secrets, industrial designs) are owned by Greenspace.  Nothing in these Terms confers upon you any ownership interest in any aspect of the Website or any intellectual property right associated with the Website. 

“Greenspace” and “flourishatx.portal.gs” are trademarks of Greenspace. The names and logos of other companies’ services are trademarks of their respective owners. Nothing in these Terms confers upon you any interest of any kind in these marks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Provided you adhere to all of these Terms, Greenspace grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, non-commercial use only. Greenspace may terminate this license at its sole discretion, at any time for any reason or no reason. Any unauthorized use of the Services will violate these Terms and may violate applicable laws.  Greenspace reserves all of its rights in respect of such violations, including its rights to pursue any available legal or equitable remedy or recourse and seek recovery from you for the expense of so doing.

Mobile Network

When you access the Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. The Website may not work with your network provider or device.

Modifying & Terminating the Website or Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop all or part of the Services altogether.

You may terminate your Account at any time and for any reason by providing written notice to Greenspace. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Greenspace.

We may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Greenspace will have no further obligation to provide the Services. Upon termination of your right to use our Services or our termination of the Services to you, all licenses and other rights granted to you by these Terms of Use will immediately terminate.

Despite anything to the contrary, all of your covenants, agreements, representations and warranties made in these Terms will survive termination of the Services to you and remain in full force and effect.

Third Party Platforms

Links to Third Party Platforms: It is our goal to provide increased value to our users. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties. Such linked websites are independent from Greenspace and Greenspace has no control over the content of such websites. Those platforms are not governed by these Terms but by other policies that may differ from these Terms. In visiting any third party platforms, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party platform or any content on such platform. We encourage you to review the terms of use of each platform you visit before using it. Greenspace is not liable for and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

Links from Third Party Platforms: Greenspace prohibits third parties from producing materials which contain links to the Website or framing of content contained within the Website without our prior written consent, which we may withhold in our sole and absolute discretion. We reserve the right to disable any such unauthorized links or framing. Greenspace has no responsibility or liability for any material that may contain links to the Website.

Non-Solicitation Policy

In your communications with us or use of the Website and Services please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you provide to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

General Provisions

Territory: The Services described in these Terms are solely offered within Canada.

Notices: All notices and other communications to Greenspace under these Terms must be in writing and must be delivered either by email or by internationally recognized courier service to the contact information set out below under “Contact Us”. When you contact us or register for an Account, you consent to receive communications from us electronically related to your Account and your use of the Website. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements (to the fullest extent possible by law).

Relationship: You acknowledge and agree that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or by your use of the Services.

Waiver: If you do not comply with these Terms, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future). You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

Severability: Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Assignment: These Terms and any rights, licenses and privileges granted by these Terms, may not be transferred or assigned by you, but may be assigned or transferred by Greenspace without restriction and without notice to you.

Entire Agreement: The Terms, including the Privacy Policy, are the entire and exclusive agreement between Greenspace and you regarding the Services. These Terms supersede and replace any prior agreements, whether oral or in writing, between Greenspace and you regarding the Services.

Interpretation: These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.

Governing Law: Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario, Canada.

Language of Agreement: The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

Contact Us

If you have any questions or comments about these Terms, the Website or the Services, please contact us by email: support@greenspacehealth.com