MANIFEST WELLNESS
TERMS OF USE

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. FOR USERS IN BRITISH COLUMBIA, THE CRISIS LINE PHONE NUMBER IS 604 951 8855 OR 1-877-820-7444. FOR MORE INFORMATION ON THE CRISIS LINE FOR BRITISH COLUMBIA USERS, PLEASE VISIT: https://www.options.bc.ca/program/fraser-health-crisis-line. FOR USERS OUTSIDE OF BRITISH COLUMBIA OR ANYWHERE IN CANADA, THE CRISIS LINE PHONE NUMBER IS 1-833-456-4566. FOR MORE INFORMATION ON THE NATIONAL CRISIS LINE, PLEASE VISIT: https://www.crisisservicescanada.ca/en/.

These Terms of Use (“Terms”) govern and apply to your access and use of the Clinical Counselling Services provided by Manifest Wellness Inc. (“Manifest Wellness”) and/or the Clinical Counsellor, and shall apply to all Sessions with your Clinical Counsellor. For greater certainty, Sessions include online Sessions, telephone Sessions, and in-person Sessions. These Terms also govern and apply to your access and use of this Website.

By accessing or using the Website and/or by booking a Session, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, you are not authorized to use the Website or book a Session. The terms “you”, “your” and “yourself” refer to the individual user of this Website and/or a client of Manifest who creates an Account.

You hereby certify that you are (i) the Age of Majority in the province/territory that you reside, and that you have the legal ability to consent to the Sessions, and (ii) physically located or are a resident of the location you have chosen as your current residency when creating your Account. You agree to provide emergency contact information to us (or to your Clinical Counsellor upon their request) to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access Clinical Counselling Services is conditioned upon the truthfulness of the information you provide when completing an Intake Consent Form as well as the information you provide to your Clinical Counsellor. You further acknowledge that your Clinical Counsellor will rely upon the information you provide, and your certification of the truth and accuracy thereof, to interact with you and provide the Clinical Counselling Services


1.  INTERPRETATION

1.1   The following terms have the following meanings:

Account” has the meaning given to such term in Section 3.1 of these Terms.

Account Information” has the meaning given to such term in Section 3.1 of these Terms.

Age of Majority” means the age at which a person is considered by law to be an adult. For greater certainty, the age of majority is 18 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon.

BCACC” means the British Columbia Association of Clinical Counsellors.

Clinical Counsellor” means a certified counsellor, duly registered as a member in good standing with the BCACC. For greater certainty, the term “Clinical Counsellor” is limited to those certified counsellors presented to you or engaged by you via Manifest Wellness.

Clinical Counselling Services” means the therapy/counselling services you receive from a Clinical Counsellor via Sessions booked through Manifest Wellness.

Content” has the meaning set forth in Section 2.1.

Fees” has the meaning given to such term in Section 6.1 of these Terms.

Intake Consent Form” means an agreement between you and Manifest Wellness which you will be required to complete and execute prior to booking any Sessions. For greater certainty, the Intake Consent Form will be presented to you through Jane App prior to booking a Session with a Clinical Counsellor. The Intake Consent Form incorporates these Terms, and by agreeing to the Intake Consent Form, you acknowledge and agree that you agree to these Terms.

Jane App” has the meaning given to such term in Section 3.1 of these Terms.

Jane App Privacy Policy” has the meaning given to such term in Section 3.4.

Jane App Terms” has the meaning given to such term in Section 3.4.

Manifest Wellness Privacy Policy” has the meaning given to such term in Section 3.4.

Personal Health Information” with respect to an individual, whether living or deceased, means:

  (a)  information concerning the physical or mental health of the individual;

  (b)  information concerning any health service provided to the individual;

  (c)  information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;

  (d)  information that is collected in the course of providing health services to the individual; or

 (e)  information that is collected incidentally to the provision of health services to the individual.

Personal Information” means information about an identifiable individual, including without limitation, Personal Health Information.

RCC” means Registered Clinical Counsellor. A person who receives the “RCC” counselling designation in British Columbia has met specific educational and training criteria required by the BCACC.

Sessions” means each counselling session between you and a Clinical Counsellor as booked by you through Manifest Wellness, including without limitation, online/virtual, in-person, or telephone sessions

Terms” means these terms and conditions.

Website” means this Manifest Wellness website.


2.  SITE CONTENT

2.1  Other than the advice you receive directly from your Clinical Counsellor, the other educational, graphics, research sources and other incidental information on the Website (the “Content”) should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.


3.  ACCOUNT & THE JANE APP

3.1  To access the Clinical Counselling Services, you will be required to establish an individual user account (“Account”) through a third-party software provider that we use, Jane (“Jane App”).

3.2  You acknowledge and agree that by creating your Account, you will be required to complete the Intake Consent Form, and provide certain information, including without limitation, your Personal Information (collectively, your “Account Information”). You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You acknowledge and agree that you will:

 (a)  provide true, accurate, current and complete Account Information as required when enrolling for an Account through the Site; and

 (b)  each time you log on, maintain and promptly update such Account Information to keep it true, accurate, current and complete.

3.3  If you provide any Account Information that is untrue, inaccurate, not current or incomplete, or if Manifest Wellness or a Clinical Counsellor has reasonable grounds to suspect that such Account Information is untrue, inaccurate, not current or incomplete, Manifest Wellness reserves the right to transition your treatment to another health care provider outside of Manifest Wellness and refuse any future request(s) for Clinical Counselling Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Manifest Wellness will not be liable for any loss that you incur as a result of anyone accessing and using your Account either with or without your knowledge.

3.4  You recognize that Jane App is a third party software used to provide online booking, charting, scheduling, and billing services, and as such, will store your Personal Information if you create an Account. You acknowledge and agree that by agreeing to use this Website, and to gain access to the Clinical Counselling Services:

 (a)  you will be required to create your Account through Jane App;

 (b)  you will be required to complete the Intake Consent Form through Jane App;

 (c)  you have read and you agree to Jane App’s Terms of Use (“Jane App Terms”) as provided at the following URL: https://jane.app/legal/terms-of-use;

 (d)  you understand and agree to Jane App’s Privacy Policy (“Jane App Privacy Policy”) as provided at the following URL: https://jane.app/legal/privacy-policy, as it applies to your Personal Information; and

 (e)  you understand and agree to the Manifest Wellness Privacy Policy (“Manifest Wellness Privacy Policy”), as provided at the following URL: https://manifest.me/privacy-policy as it applies to your Personal Information.

If you do not agree with the Jane App Terms, the Jane App Privacy Policy, or the Manifest Wellness Privacy Policy, you shall not use this Website or book a Session with a Clinical Counsellor.

3.5  You will have the option to subscribe to emails from Manifest Wellness through your Account with Jane App. You can choose to stop receiving emails from Manifest Wellness at any time by clicking “unsubscribe” in any emails from Manifest Wellness.


4.  ACCEPTABLE USE

4.1  You agree not to access or use the Website or any aspect of the Clinical Counselling Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Clinical Counselling Services or the operation of this Website by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, You shall not use the Website in any manner that could damage, disable or impair the services which it provides. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.


5.  SUBSTANCE ABUSE

5.1  You will not use any mood-altering substance during your Sessions with a Clinical Counsellor. The Clinical Counsellor may cancel the Session if it is suspected that you are under the influence of alcohol or a drug which may affect cognition and comprehension.


6.  PAYMENT

6.1  The fees payable by you for the Clinical Counselling Services (the “Fees”) are based on the prices set forth in the Intake Consent Form via Jane App. You agree to pay all Fees and charges associated with your Account on a timely basis. Such Fees (including any taxes, late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. For greater certainty, by providing us with your credit card information through Jane App, you authorize Manifest Wellness to bill and charge your credit card for the Clinical Counselling Services, until you or Manifest Wellness terminate your agreement in accordance with these Terms.

6.2  Part of your payment of the Fees is remitted to the Clinical Counsellor for the direct clinical services provided to you. Regardless of the payment of the Fees, Manifest Wellness does not hold itself out as your direct Clinical Counsellor.

6.3  The Fees may not be covered under your employer’s group benefits package/insurance policy. It is your responsibility to determine whether the Fees are covered by your insurance provider.


7.  CLINICAL COUNSELLORS

7.1  Manifest Wellness only engages Clinical Counsellors that meet the following license requirements:

  (a)  a master’s degree from an accredited institution in a field of study prescribed by the BCACC Board of Directors, including without limitation, counselling, clinical or educational psychology, pastoral counselling, child and youth care, marital and family counselling, clinical social work, psychiatric nursing, applied behavioural sciences; and

  (b)  RCC certification with BCACC for Clinical Counsellors providing the Clinical Counselling Services to individuals in British Columbia;

7.2  Manifest Wellness engages in a verification process to ensure that the Clinical Counsellors meet the above noted license requirements. This verification process includes, but is not limited to:

  • verification of licensure (that the Clinical Counsellor holds a valid, current license to practice in the applicable jurisdiction);
  • verification of proper education and degree;
  • verification of board certification;
  • verification of a minimum of 3 years work history and confirmation that the Clinical Counsellor can practice independently;
  • verification of malpractice insurance (a copy of the current malpractice coverage that shows the dates and amounts of coverage obtained from the malpractice insurance carrier of the Clinical Counsellor);
  • verification of malpractice history (collection of five years of history of malpractice settlements from the malpractice carrier);
  • verification of any applicable specialized training.

7.3  Your relationship with the Clinical Counsellor is strictly with the Clinical Counsellor. Manifest Wellness is not involved in the counsellor-patient relationship and does not interfere, validate or control the Clinical Counsellor’s treatment unless advocating on behalf of you when following up on a particular complaint. You are always advised to exercise a high level of care and caution when engaging with your Clinical Counsellor and taking their advice, as you would making any mental health or medical decision. You should never disregard, avoid or delay obtaining medical advice from your primary physician or other qualified healthcare provider or by using or combining the Clinical Counselling Services with other treatments solely because of the information you receive from a Clinical Counsellor.


8.  CONFIDENTIALITY AND INFORMED CONSENT

8.1  Manifest Wellness abides by the principles of confidentiality set forth by BCACC. The information collected during the Sessions, and the Clinical Counselling Services provided, are strictly confidential. Information provided by you will not be released by Manifest Wellness without informed, written consent from you, except where required by law and subject to Section 8.3 below.

8.2  It is your responsibility to choose a private place for any virtual sessions without others present and devoid of distractions, and to ensure that you are using secure equipment and a secure location when engaging in an online Session.

8.3  You acknowledge and agree that there are certain exceptions to confidentiality, wherein confidentiality may be waived or where the Clinical Counsellor (or Manifest Wellness) may be bound by law to report to legal authorities under the following circumstances:

  (a)  if the Clinical Counsellor assesses the need to consult with their supervisor or clinical director to provide the best possible care, where such consultations are for professional and training purposes and Personal Information will not be disclosed to third parties without informed consent from you;

  (b)  if the Clinical Counsellor is bound, by applicable law, to disclose confidential information, such as where:

    (i)  the Clinical Counsellor assesses by law that there is a risk of harm to you or to others;

    (ii)  the Clinical Counsellor assesses that a child may have been harmed in the past, or that a child is at risk of harm in the present or future;

    (iii)  the Clinical Counsellor assesses that there is a risk to the country or threat of terrorism;

   

    (v)  the Clinical Counsellor is required to defend themselves against a complaint filed with their governing body;

    (vi)  the Clinical Counsellor is required by a court order, issued by a judge, to release information contained in records and/or requires a Clinical Counsellor to testify in a court hearing.


9.  INTELLECTUAL PROPERTY

9.1  All of the Content available on or through the Website is the property of Manifest Wellness or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through a Session or through the Website to any third party. All software and accompanying documentation made available for download from the Website is the copyrighted work of Manifest Wellness or its licensors.

9.2  “Manifest Wellness” is a copyrighted term (all rights reserved). Subject to the terms of this Agreement, Manifest Wellness grants you a limited, revocable, non-transferable and non-exclusive license to use the Website. The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Website or allow a third party, whether directly or indirectly, to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Website, its Contents or any information related to your Account, the Sessions and the Clinical Counselling Services to any third party.


10.  DISCLAIMERS

10.1  ACCESS TO THE WEBSITE, THE CONTENT, AND THE CLINICAL COUNSELLING SERVICES AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, MANIFEST WELLNESS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, MANIFEST WELLNESS DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR SESSIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ACCESS TO THE SESSIONS, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY RESPONSIBLE AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE WEBSITE, YOUR ACCOUNT, OR THE CONTENTS OF YOUR SESSIONS OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. MANIFEST WELLNESS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FORM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE WEBSITE.


11.  LIMITATIONS OF LIABILITY

11.1  IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR YOUR ACCOUNT OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL MANIFEST WELLNESS OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL MANIFEST WELLNESS OR ITS AFFILIATES BE LIABLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF MANIFEST WELLNESS WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR RELIANCE ON THIS WEBSITE, OR IN CONNECTION WITH YOUR ACCESS TO THE CLINICAL COUNSELLING SERVICES.


12.  INDEMNIFICATION

12.1To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Manifest Wellness, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website (including your access to the Sessions).


13.  DISPUTES WITH CLINICAL COUNSELLORS

13.1  Any dispute or claim relating in any way to your Sessions with your Clinical Counsellor will be resolved between you and the Clinical Counsellor.


14.  DISCHARGE/TERMINATION

14.1  You or Manifest Wellness may terminate access to your Account at any time for any reason whatsoever. Upon such termination, your right to book Sessions or engage in the Clinical Counselling Services will immediately cease, and the Clinical Counsellor will be under no further obligation to provide the Clinical Counselling Services to you.


15.  GOVERNING LAW AND JURISDICTION

15.1  These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.

15.2  Any action or proceeding arising out of or relating to these Terms will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such counts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.


16.  WAIVER

16.1  No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.


17.  SEVERABILITY

17.1  If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.


18.  REPORTING AND CONTACT

18.1  This website is operated by Manifest Wellness located at:

750 West Broadway

Vancouver, BC

V5Z 1J4

All notices and complaints with respect to the Clinical Counselling Services or your Clinical Counsellor must be reported to Manifest Wellness at Info@manifest.me or 604.913.5767


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