The Terms and Conditions contain very important information about the Client’s rights and obligations as well as limitations and exclusions that may apply. Please read them carefully.

Definitions

The “Provider” is referred to as either Counselling Therapist (CT), Certified Canadian Counsellor (“CCC”), Certified Life Coach (“CLC”), Licensed Mental Health Counselor (LMHC), Licensed Marriage and Family Therapist (LMFT); and may use another designation. The appointment with the Provider may be referred to as “Remote Session” or “Session.” The services detailed below under the heading Services are provided at The Mental Health Clinic and are defined as “Service” or “Services.” The client receiving online Services from a “Provider” is defined as the “Client.” The fee paid for Online Sessions with a Provider is also referred to as “Purchase.”

The Terms and Conditions (“Terms”) contained herein govern the Client’s relationship with their Provider at The Mental Health Clinic. Please read these Terms carefully before using the Service. Access to, and use of the Service, is based on the Client’s acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences.

Entire Agreement: These terms and any other legal notices, policies or guidelines of The Mental Health Clinic linked to these terms and conditions or contained on this Site constitute the entire Agreement between you and The Mental Health Clinic relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by The Mental Health Clinic.

Services

The Mental Health Clinic provides online video counseling (videoconferencing) and tele-counseling (telephone or audio-only conferencing) for those who are struggling with mental health concerns. Clients must be a minimum of 13 years of age with parental consent or the age of 18. The service may include ongoing sessions in the treatment modality best suited for the client as well as referrals to outside sources that may include other health professionals. Treatment plans may be adjusted as needs change.

Confidentiality – Informed Consent

Services provided are strictly confidential. Personal health information (collection, use, and/or disclosure of the Client’s personal health information) will not be released without informed, written consent from the Client except where required by law. It is the Client’s responsibility to choose a private place for online sessions without others present and devoid of distractions and ensure that they are using secure equipment and a secure location.

Exceptions to confidentiality:

Confidentiality on the part of The Mental Health Clinic may be waived (under certain circumstances) wherein the Provider is bound by law to report to legal authorities under the following circumstances:

• If the counselor assesses the need to consult with a clinical member (Clinical Supervisor) to provide the best possible care. These consultations are for professional and training purposes and personal health information will not be disclosed to third parties without informed consent from the Client.

The Provider is required by law to report when;

• There is a possible risk of harm to the Client or others;
• A child may have been harmed in the past, or a child is at risk of harm in the present or future. In all cases, the Provider has a legal duty to report this;
• There is a risk to the country or threat of terrorism;
• The Provider is required to defend themselves against a complaint filed.
• The Provider is required by a court order (subpoena), issued by a judge, this may require the Provider to release information contained in records and/or testify in a court hearing.

Sharing of Information

If it is decided between the Client and the Provider to share information for reason of referral or consultation, a formal consent form will be completed and signed in advance by the Client. The Client has the right at any time to withhold or revoke consent. The Provider does not provide completion of forms or letters for employers or for court purposes. Advance notice is required for letters of attendance.

Crisis and Emergencies

The service is NOT to be used for crises or emergencies. When in crisis, contact these services within Canada/United States or call crisis agencies in the Client’s province/state:

• https://thelifelinecanada.ca/suicide-prevention-crisis-centre-contact-information/crisis-centres/canadian-crisis-centres/
• https://www.pleaselive.org/hotlines/
• https://www.in.gov/issp/

THIS SERVICE IS NOT FOR CRISIS OR EMERGENCIES.

IF THE CLIENT IS EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR IF THE CLIENT IS PLANNING OR CONSIDERING SUICIDE OR FEEL HE OR SHE IS A DANGER TO THEMSELVES OR OTHERS, THE CLIENT MUST IMMEDIATELY CALL 911 OR 988 in INDIANA AND/OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM THE PROVIDER MAY DETERMINE THAT THIS SERVICE IS NOT APPROPRIATE FOR THE CLIENT’S CURRENT NEEDS.

Expectations and Demonstration of Mutual Respect

The Client shall not use any mood-altering substance on the day of their Session. The Provider may cancel the Session if it is suspected that the Client is under the influence of alcohol or a drug which may affect cognition and comprehension. The Provider may cancel the Session if he determines in his discretion the Client’s behavior and/or conduct in the Session is inappropriate.

Availability

The Provider will make every attempt to promptly respond to the needs of the Client during their office hours which are flexible. The Client shall request a day and time for their Session based on availability in the online client schedule. The Mental Health Clinic does not provide 24-hour service at this time.

Registration and Assessment

Prior to The Mental Health Clinic providing Services, the Client will complete an online intake form and once completed, it will be sent to the assigned Provider before the first session. By completing the online registration form, the Client is agreeing to comply with, and be bound by the Terms.

Length of Treatment

The Provider will create a treatment plan and together with the Client, will determine the length of Service. (See ‘Discharge/ Termination’)

Contact Information

The Client shall ensure at all times that the Provider has current contact information. It is the Client’s responsibility to let the Provider know if there is any reason that the Provider should not leave a message when contacting the Client by phone.

Rescheduling Policy

A minimum of 24 hours’ notice is required to cancel or reschedule the Client’s Online Session without charges. The Client will be charged for the missed Session in its entirety if there is less than 24 hours’ notice given by the Client of a need to reschedule an Online Session. There will be no refund if a Client misses or forgets to attend an Online Session.

Discharge/ Termination

Discharge of the Client and termination of the Services will occur when goals are met or the Client expresses a desire to no longer use the Service. When possible, the discharge plan will involve the Client to determine needs going forward. If there is no contact for 90 days, the Client’s chart will be closed.

Termination or suspension of access to the Service may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches the Terms.  All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, the Client’s right to use the Service will immediately cease. If the Client wishes to terminate the account, the Client shall inform the Provider and discontinue using the Service.

Discharge and termination of Service will occur if there are two (2) consecutive ‘no shows’ or three (3) consecutive cancellations for scheduled appointments.

Electronic Communications

The Mental Health Clinic will use reasonable means to protect the security and confidentiality of electronic information sent and received. However, because of the risks outlined below, the Provider cannot guarantee the security and confidentiality of electronic communications and will not be liable for improper disclosure of confidential information that is not the direct result of intentional misconduct of the Provider. Thus, Clients must consent to the use of electronic communication that may include Client information. When the Client electronically accepts the Terms of Service, consent to the use of electronic communication is included and the Client agrees with the following conditions:

• Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties.
• Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
• Online services may have a legal right to inspect and keep electronic communications that pass through their system
• Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.
• Electronic communications can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of The Mental Health Clinic or the Client.
• Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system.
• Electronic communications may be disclosed in accordance with a duty to report or a court order.
• Videoconferencing may be open to interception due to lack of user end security and use of Wi-Fi. The Mental Health Clinic video conferencing uses encrypted software.
• If email or text is used as an e-communication tool, the following are additional risks: Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients; Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.
• While The Mental Health Clinic will attempt to review and respond in a timely fashion to the Client’s electronic communication, the Provider cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services will not be used for medical emergencies or other time-sensitive matters.
• If the Client’s electronic communication requires or invites a response from the Provider and the Client has not received a response within a reasonable time period, it is the Client’s responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond.
• The Client is responsible for following up on the Provider’s electronic communication and for scheduling appointments where warranted.
• The Client agrees to inform the Provider in writing of any types of information the Client does not want sent via the Services, in addition to those set out above.
• The Provider is not responsible for information loss due to technical failures associated with the Client’s software or internet service provider.

Provider-Client Electronic Communication Agreement

To communicate with the Provider providing the Service, the Client must:

• Reasonably limit or avoid using an employer’s or other third party’s computer. Inform the Provider of any changes in the Client’s email address, mobile phone number or other account information necessary to communicate via the Services.
• If the Services include email, instant messaging and/or text messaging, the following applies: Include in the message’s subject line an appropriate description of the nature of the communication and the Client’s full name in the body of the message. Review all electronic communications to ensure they are clear and that all relevant information is provided before sending to the Provider. Ensure the Provider is aware that you have received an electronic communication from the Provider, such as by a reply message or allowing “read receipts” to be sent. Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords. Withdraw consent only by email or written communication to the Provider.
• If the Client requires immediate assistance, or if the Client’s condition appears serious or rapidly worsens, the Client should not rely on the Services. Rather, the Client should call the Client’s doctor’s office or take other measures as appropriate, such as going to the nearest Emergency Department. (See ‘Crisis and Emergencies’)

Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to) intellectual property rights. The copying, redistribution, use or publication by the Client of any such content or any part of this site is strictly prohibited. The Client does not acquire ownership rights to any content or document obtained through this site. The posting of information or materials on this site does not constitute a waiver of any right in such information and materials. All materials created by The Mental Health Clinic on the Site are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to The Mental Health Clinic.

Use License

If we have materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Mental Health Clinic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Non-transferable

The Client’s right to use this site is not transferable. Any password or right given to the Client to obtain access is not transferable.

Liability & Indemnification

In no event shall The Mental Health Clinic or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on Site. The Client agrees to indemnify and hold The Mental Health Clinic harmless from any liability, loss, claim, and expense, including reasonable attorney fees, related to the Client’s violation of the Terms. If you have any concerns, it is always advised to communicate those concerns so that The Mental Health Clinic may address them.

Governing Law. Any claim relating to The Mental Health Clinic website shall be governed by the laws of the Province of New Brunswick or the state of Indiana without regard to its conflict of law provisions.

Client Acknowledgment and Agreement By agreeing to these Terms and Conditions, the Client acknowledges that he/or she has read and fully understands the Terms of Service and acknowledges to be bound by the provisions herein