Jewish Addiction Community Services Toronto
Terms of Use

Last updated: May 1, 2022

These terms of use (“Terms”) apply to an individual (“you” or “your”) use of the Jewish Addiction Community Services Toronto (“JACS”, “we”, “us”, and “our”) website at: https://jacstoronto.org/ (the “Website”), the mobile and desktop application and web platform provided by Cliniko to facilitate the appointment scheduling with a JAC’s clinician and provision of virtual clinical therapy via videoconferencing (the “JACS Portal”), videoconferencing application, software, and services provided by Zoom Video Communications (“Zoom”), and the materials displayed or made available through the Website or uploaded to the JACS Portal, including without limitation, articles, blogs, opinions, photographs, images, illustrations, information, content, reports, data, databases, graphics, interfaces, web pages, text, and files on the Website (“Content”) (all of the above collectively the “Services”).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Legal Agreement. The Terms is a legal agreement between you and JACS. For clarity, an individual who uses the Services includes a substitute decision-maker as defined under the Health Care Consent Act, 1996, where applicable.

JACS Portal and Cliniko. To access the JACS Portal, you will receive an email after undergoing registration process with a JACS clinician to determine your suitability for clinical services. The email contains a link to the JACS Portal and information to register a user account. JACS has entered into a contract with a third-party vendor, Cliniko to provide the JACS Portal, and it is through Cliniko that you create and register a user account. JACS will also bill for any clinical services it provides through the JACS Portal.

Use of the JACS Portal requires you to consent to the use of Cliniko. You do so entirely at your own risk. You should review all of Cliniko’s policies and procedures including but not limited to their Privacy Policy and Terms of Use, prior to deciding whether to use or access the JACS Portal. If you do not agree with any of Cliniko’s policies, procedures or terms and conditions, you must not use or access the JACS Portal.

Zoom. JACS also uses Zoom to provide online clinical services (i.e. support groups or group counselling) by way of videoconferencing. Use of Zoom’s software, platforms, applications, and services requires you to consent to the use of Zoom’s policies, procedures and terms and conditions. You should review all of Zoom’s policies, procedures and terms and conditions including but not limited to their Privacy Policy and Terms of Use prior to deciding whether to use or access Zoom. If you do not agree with any of Zoom’s policies, procedures or terms or conditions, you must not use or access Zoom.

Accurate Information. To use the Services, you agree to the best of your knowledge to:

• provide true, accurate, current, and complete information; and
• maintain and promptly update the information to ensure it remains true, accurate, current, and complete.

If JACS has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, JACS will have the right to immediately suspend or terminate your access to all or part of our Services without notice.

Usernames and Passwords. You are responsible for maintaining the confidentiality of the password and login details you use in association with the JACS Portal and Zoom. You are also responsible for all activities that occur under your username and password. If JACS has reasonable grounds to suspect that you are sharing your username or password with anyone, JACS will have the right to suspend or terminate your access to the Services.

Medical Emergency. JACS must not be relied upon for medical or other emergencies at any time, and under any circumstances. Do not attempt self-treatment based on anything you have seen or read on the Website and the JACS Portal.

JACS DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER, OR VISIT YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT OR DIAL 911 IMMEDIATELY.

Always seek the advice of a physician or other qualified health care provider practicing in your jurisdiction concerning any questions you may have regarding your medical condition.

No Unlawful Use or Prohibited Use. Except as expressly provided in these Terms, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Services, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Services, without prior written permission, is strictly prohibited.

By using the Services, you further agree that:

• You will not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate any data, or other materials or content that:
  
  1. you know or have reason to believe contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
  2. you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
  3. is false, intentionally misleading or impersonates any other person;
  4. violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
  5. encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
• You will not use the Services for any purpose that is unlawful;
• You will comply with all applicable laws including the laws of the area in which you are present while using the Services; and
• You will not use the Services other than as permitted by the Terms and in accordance with any third party terms and conditions imposed by JACS licensors or third party vendors.

No Health Care Provider Relationship. The presentation of information on the Website and your use or reliance on the Content does not establish a health care provider relationship between you and JACS and is not intended as a solicitation of individuals to become JACS clients.

Misuse of Services. JACS retains sole discretion to refuse or discontinue the provision of Services to you at any time, including for actual or potential misuse of the Services by you.

Privacy and Personal Health Information. From time to time, you may provide us with personal information through your communications and through the use of the Services. The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy.  By agreeing to the Terms, you agree you have read and reviewed our Privacy Policy.

Limited Licence. Subject to the Terms, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Services for your personal, non-commercial use. Access to the Services for any other purpose is prohibited.

Software Licence.  All software embedded in or located on the Website or provided by JACS through third party vendor, such as the JACS Portal and Zoom, including, without limitation, all computer code of all types and all files or images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by JACS, its licensors, or the party accredited with ownership of the Software, such as Cliniko and Zoom. You are hereby granted the right to access and use the Software, subject to:

• these Terms; and
• any additional conditions which may be imposed on your access and use of a licensor’s Software, including any terms and condition imposed by the licensor, such as Cliniko and Zoom (i.e. terms of use, privacy policies, end-user terms and conditions).

Except to the extent expressly permitted in these Terms, you may not:

• use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
• sell, rent, lease, licenses, transfer, or otherwise provide access to the Software;
• alter, remove, or cover any trade-marks or proprietary notices, including from the Software; or
• decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Other than the limited licence granted herein, nothing contained on the Website or the provision of Services shall be construed as granting you any right, intellectual property rights, title, interest, or other license in or to any Software.

All Software embedded or integrated into our Services is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

1. is of merchantable quality or is fit for any particular purpose;
2. will conform with any specifications relating to the Software;
3. will be free from material defects or errors;
4. will be uninterrupted or secure;
5. contains no computer viruses or other contaminants; or
6. shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Posted Information. All Content made available on the Website or through any other part of our Services is provided for general, illustrative, or informational purposes only and does not constitute medical or health care advice and is not intended to be a substitute therefor. You should not act or refrain from acting based on any information provided on the Website.

Collection of Fees and Cancellation Policy. Credit card payment of fees for JACS clinical services will be facilitated by Cliniko or directly by JACS’ office administrator. Please review Cliniko’s terms and conditions related to billing. There are no fees for the use of the JACS Portal.

The rate for one (1) hour  individual, couple and family therapy sessions is $150 plus HST unless otherwise agreed upon. Fees for service are required to be paid in full prior to each session and receipts will be issued once payment is made in full. Receipts should be kept for taxation or insurance reimbursement purposes. Clients in need of treatment who cannot afford this fee should discuss this with their clinician during the initial intake conversation.

You are required to provide 24 hours notice for cancellation except in the case of an emergency. No-shows and cancellations without sufficient notice are subject to the full session fee. To cancel or to reschedule a session, please contact your clinician by email or telephone.

Fees must be paid within 30 days after your session. If fees remain unpaid after 30 days, you will receive an email reminder. At 60 days, we will call you to discuss possible barriers to payment and discuss financing options. Failure to pay fees promptly may result in JACS terminating the Services.

No Endorsements.  Unless expressly stated, JACS does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website or through any other part of our Services.

Intellectual Property Ownership. Unless stated otherwise in these Terms, JACS alone (and our third-party licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by JACS. JACS name, logo, and the product names associated with the Services are trademarks of JACS, our affiliated companies or third parties, and no right or license is granted to use them.

Third Party Links.  The Services may contain links to third party sites and such links are not under our control, and we are not responsible for and make no representations, warranties or conditions concerning the content of any such websites.  You acknowledge that the inclusion of any link does not imply endorsement, investigation, or verification by us of the linked site. When you access such linked sites, you are doing so at your own risk and you are subject to the privacy policy, terms of use and any other agreement associated with or specific to that site.

JACS reserves the right to provide or remove any links on the Website at any time and do so without notice. For clarity, JACS does not own or operate the JACS Portal, Zoom or Cliniko applications, software, technology and services, and JACS disclaims all liability arising to you from your use of the JACS Portal, Cliniko, Zoom and any other third party licensor’s applications, platforms, systems, software, technology and services.

Limitation of Liability. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” ONLY, WITH NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHATSOEVER. IN NO EVENT WILL JACS AND ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, STUDENTS OR AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,  PUNITIVE OR EXEMPLARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF OR ACCESS TO THE SERVICES OR YOUR RELIANCE ON THE CONTENT OR LINKS FROM THIS WEBSITE OR VIOLATION BY YOU OF THESE TERMS, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE.

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED THE AMOUNT OF $1 IN CANADIAN CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

Indemnity. You agree to indemnify, defend, and hold harmless JACS and its officers, directors, employees, volunteers, students, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from: (i) your breach of any of the terms and conditions of these Terms or any applicable laws; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Services; or (iii) your violation of any rights of any third party.

Modification to the Services. JACS reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently the Services. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services. JACS shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Services or any part thereof.

Termination.  JACS may, in its sole discretion, cancel or terminate your right to use the Services at any time without notice. In the event of termination, you are no longer authorized to access the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, JACS Portal and Zoom set out herein shall survive termination of the Terms.

Use Prohibited Where Contrary to Law. Use of the Services is unauthorized in any jurisdiction where the Services may violate any laws or regulations. You agree not to access or use the Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of these Terms, is entirely at your own risk.

Governing Laws. These Terms are governed by the laws of Ontario, Canada and these laws apply to your use of Services, notwithstanding your domicile, residency, or physical location. Any dispute between you and JACS which cannot be resolved will be referred to the court of Ontario, Canada and to no other place.  You agree to be bound by the laws of these jurisdictions.

Assignment. The Terms are not assignable, transferable, or to be sublicensed by you except with the prior written consent of JACS. JACS may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Waiver and Severability.  The failure of JACS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Entire Agreement. This is the entire agreement between you and JACS relating to your access and use of the Services. These Terms supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and JACS relating to the subject matter of the Terms.

Modifications of the Terms. JACS reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. If we change the Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date the Terms was last updated. Such changes will be effective when the revised Terms are posted to our Website. Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms. 

Contact Us. Questions or comments regarding our Services should be directed to JACS administrator at info@jacstoronto.org