IMPORTANT

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

THIS SITE IS NOT INTENDED TO BE USED IN CASES OF EMERGENCY OF ANY NATURE WHATSOEVER. IF YOU HAVE OR ARE AWARE OF, AN URGENT OR EMERGENCY SITUATION, PLEASE LEAVE THIS SITE IMMEDIATELY AND CONTACT THE EDMONTON DISTRESS CENTRE AT 780-482-4357 OR 911.

For restricted access to online individual counselling (the “Online Services) through this Site, existing Clients are referred to the Additional Terms which shall govern use of such Online Services. The Additional Terms shall be read with these Terms and Conditions of Use of this website (the “Terms”), and can be found at Schedule “A” hereto. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.

Online Services are restricted to use by residents of Alberta, Canada, who are physically present in Alberta, Canada while receiving Online Services, ONLY.

1. Introduction

(a)  These Terms explain how you may use this website (the “Site”). References in these Terms to the Site includes the following website: https://www.livingwellbydesign.ca and all associated web pages. You should read these Terms carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them, including amendments and additions thereto (the “Additional Terms”), which may be part of or become part of this Site in the future. Use of this Site is also subject to our Privacy Policy as displayed on the Site from time to time.

(b)  If you do not agree with or accept any of these Terms, you should cease using the Site immediately. If you have any questions about this website, please contact info@wendyhart.ca.

(c)  Definitions

“content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.

“we”, “us” or “our” means Wendy L. Hart, registered psychologist, a member in good standing of the College of Alberta Psychologists, and the Psychologist’s Association of Alberta. References to us in these terms will also include any corporation incorporated in the future, the majority shareholding of which is owned by Wendy L. Hart.

“you” or “your” means the person accessing or using the Site or its Content

(d)  Privacy Policy and Additional Terms: these Terms include our Privacy Policy, which shall be subject to these Terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by Additional Terms relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you use a specific service or place an order for any related product on this Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms.

(e)  User Age Restriction: This Site is intended for and directed to residents of the Province of Alberta, Canada over the age of 18 years. If you are not 18 years of age, you may not use this Site. By continuing to use this Site, you warrant that you are at least 18 years of age and also that you have full capacity to make your own decisions about your health and financial affairs.

(f)  Accessibility: we seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at info@wendyhart.ca.

2. Restrictions on use

(a)  This Site is not intended to be used in cases of emergency of any nature whatsoever. If you have or are aware of, an emergency situation, please leave this Site immediately and contact the Edmonton Distress Centre at 780-482-4357 or 911.

(b)  The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:

(i)  not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;

(ii)  not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

(iii)  not to infringe our copyright, or reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;

(iv)  not to use the Site to distribute viruses or malware or other similar harmful software code;

(v)  not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

(vi)  that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details, in the event that you are provided with same by us for any reason, confidential;

(vii)  not to misrepresent the Content or this Site as psychological advice, counselling or services of any nature whatsoever, to any third party, or to infringe its copyright, or to pass yourself off as the author or originator of the Content or any part thereof, in any manner whatsoever.

(c)  We reserve the right to prevent or suspend your access to the Site and / or the Online Services offered on the Site if you do not comply with any part of these Terms, any applicable Additional Terms, our Privacy Policy, or any applicable law.

(d)  You agree that you will pay legal costs on a solicitor and client basis incurred by us to prevent or stop infringement by you of any of these Terms.

3. Psychological Services, Counselling and Advice

(a)  Nothing on this Site shall be construed as the provision of psychological counselling, services or advice. In the event that the Site specifically provides a portal for restricted access to online psychological counselling, services or advice for existing clients of Wendy L. Hart, registered psychologist, then the Additional Terms listed in Schedule “A” hereto shall govern the use of Online Services as may be offered by this Site from time to time, and shall prevail in the event of conflict with these Terms ONLY for those users who are explicitly granted authorization by us to access and use the Online Services.

(b)  Users of this Site are not to interpret or use the Content on the Site as psychological counselling, services or advice or any sort whatsoever. Users are warned that the Content is for general informational purposes only, and is not intended to be acted or relied upon in the place of a consultation with a registered psychologist. No professional relationship exists between you and us merely as a result of your use of this Site.

(c)  The Site is not monitored at all times, and does not in any manner offer or guarantee access to psychological counselling, services or advice at any time, and while we endeavor to be responsive to all enquiries, we do not guarantee a prompt or even any response to your enquiry through this Site. Should you require immediate assistance, contact the Edmonton Distress Centre at 780-482-4357 or 911.

Financial Policy

In the event that this Site permits you to make appointments online, the following will govern payment:

(i)  Missed or Cancelled Appointments – missed or cancelled appointments with less than 24 hours’ notice will be billed at the full fee for the time scheduled. Monday appointments must be cancelled or rescheduled by no later than noon on the previous Friday.

(ii)  Fees for service are due and payable by cash, debit or visa/master card, at the beginning of each session. Receipts to enable you to arrange repayment directly with your insurance provider are provided.

Ownership, use and intellectual property rights

(a)  This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

(b)  Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and, in particular, in any digital rights or other security technology embedded or contained within any Site Content.

(c)  Trade-marks: “Living Well By Design” and “Consciously Build A Life You Love” and “LIVE. LOVE. THRIVE Couples and Individual Counselling” and “Living Fully Alive With Intention”, are our trade-marks and ‘Discernment Counselling” and “Safe Conversations” are trade- marks of the Doherty Relationship Institute and Relationships First Inc., respectively. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade- marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

6. Software, Sound or Video Recordings for Download

(a)  Where any software, sound or video recordings (the “Software or Media Downloads”) are made available for downloading from the Site, this is our copyrighted work and/or that of our licensors. You may only use such Software or Media Downloads in accordance with the terms of the end user license agreement, if any, which accompanies the Software or Media Downloads and, subject thereto, in accordance with these Terms. All such Software or Media Downloads are made available for downloading solely for your personal use in a non- commercial manner. Any reproduction or redistribution of Software or Media Downloads not in accordance with the end user license agreement and/or these Terms is expressly prohibited, and may result in severe civil and criminal penalties.

(b)  Our Software or Media Downloads are warranted only to the extent expressly required by Canadian law or according to the terms of the end user license agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the Software or Media Downloads, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such Software or Media Downloads exceed the limitations of liability in the applicable end user license agreement, or in all other cases the amount you paid us for the relevant Software or Media Downloads.

7. Submitting Information to the Site

(a) The Site, save for the restricted Online Services portal of this Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any personal, sensitive or confidential information, patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential, private or commercially or personally sensitive or valuable (collectively referred to as “Unwanted

Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

(b)  Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide, so you shall be entitled to use your own material yourself subject to applicable law.

(c)  You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us, and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.

8. Accuracy of information and availability of the Site

(a)  While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute psychological, technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

(b)  While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

9. Hyperlinks and third party sites

(a) The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site.

10. Warranties and limitation of liability

(a)  You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.

(b)  To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a

result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

(c) We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.

(d)  Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content, Software or Media Downloads) exceed, to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.

(e)  Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

(f)  Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

11. General

(a)  These terms are dated APRIL5, 2017. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions, and our Privacy Policy, from time to time. Our new terms or Privacy Policy will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

(b)  Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by registered post to our contact address at Suite 324, 7 St. Anne St, St. Albert, AB, T8N 2X4 and all notices from us to you will be displayed on our website from to time.

(c)  We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access or hacking event, flood, fire, explosion or accident.

(d)  If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

(e)  These terms and conditions (together with the Privacy Policy and any applicable Additional Terms, or other terms expressly referred to in these terms and incorporated by reference contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

(f)  You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.

(g)  These terms and conditions shall be construed in accordance with and governed by the laws of the Province of Alberta.

(h)  The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.