TeleCBT Inc. Terms of Service
TeleCBT Inc. Terms of Service were updated on October 1, 2020.
Please read these Terms of Service carefully before using the Service.
The Terms of Service (“Terms”) contained herein govern the access and/or use by individuals (“you”, “your”, “Client”, “User”) of the TeleCBT App, website, content, products and services (collectively, the “TeleCBT Platform” or the “Service”).
The Terms contain important information about the Client’s rights and obligations as well as limitations and exclusions that may apply to you. They contain limitations of liability.
By accessing and/or using the Service, you acknowledge and agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms at any point, you must immediately cease accessing the TeleCBT Platform.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the TeleCBT Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. If we modify these terms, we will publish the revised terms on our website here: https://telecbt.ca/terms/. Check back often to ensure you are aware of our current practices.
TeleCBT Inc. (“TeleCBT”, “we”, “us”) may immediately terminate these Terms and/or access to the TeleCBT Platform, or generally cease offering or deny access to the TeleCBT, at any time, for any reason.
Physicians & Non-Physician Providers (collectively “Counsellor” or “Counsellors”)
All Physicians providing Counselling Services, as defined below under “Services”, are independent, regulated health professionals registered to practice medicine in a Province or Territory of Canada (e.g., through The College of Physicians and Surgeons of Ontario (CPSO)). TeleCBT is not a healthcare provider. Physicians alone are responsible for the Counselling Services they provide through the TeleCBT Platform, including compliance with standards of care and record-keeping and other professional obligations.
To the extent permitted by the law in the Province or Territory in which you reside, Physicians may be located in your Province or Territory or another Province or Territory of Canada. You may be required to be physically located within your province of residence at the time of the Counselling Service in order to qualify for Provincial Health Benefits. If you would like information about any particular Physician, consult his or her profile on the register on the website of the medical regulator (in most Provinces, the “College of Physicians and Surgeons” of the Province), in the Province or Territory in which the Physician Practices. (e.g., The College of Physicians and Surgeons of Ontario (CPSO))
All Non-Physician Providers providing Counselling Services, as defined below under “Services”, are independent, regulated health professionals (such as Registered Social Workers (RSW), Registered Psychotherapists (RP) or Psychologists) registered to provide psychotherapy services in a Province or Territory of Canada. TeleCBT is not a healthcare provider. Non-Physician Providers alone are responsible for the Counselling Services they provide through the TeleCBT Platform, including compliance with standards of care and record-keeping and other professional obligations.
To the extent permitted by the law in the Province or Territory in which you reside, Non-Physician Providers may be located in your Province or Territory or another Province or Territory of Canada. If you would like information about any particular Non-Physician Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, named a “College”), in the Province or Territory in which the Non-Physician Provider Practices. (e.g., The Ontario College of Social Workers and Social Service Workers (“OCSWSSW”), The College of Registered Psychotherapists of Ontario (“CRPO”), The College of Psychologists of Ontario (CPO))
Physicians and Non-Physician Providers (collectively “Counsellors” or “Counsellor”) provide online video counselling, online audio counselling, and online text counselling (secure messaging) through the secure, PHIPA compliant TeleCBT Platform or phone counselling over the phone (“Counselling Services”, “Services”, “Service” or “Session”). You may choose whether to use video, audio, chat, or phone for interactions with Counsellors. Services are provided for those who are struggling with stress, anxiety, depression, addiction and/or other mental health concerns.
The Service consists of psychotherapy and may include referrals to outside sources that may include other health professionals.
The type of services that are available to you through the TeleCBT Platform may differ depending on your province of residence, as telemedicine is regulated by the Provinces and Territories and the rules may differ among the Provinces and Territories. The type of services that are available to you through the TeleCBT Platform may also differ depending on your mental health concern. Counsellors may only accept clients when the mental health concern falls within the Counsellors’ scope of practice.
Limits on Service
Counselling Services are only available to you if you are a resident of a Canadian Province or Territory and a minimum of 13 years of age.
The relationship between you and a Physician providing Counselling Services is a physician-patient relationship and the relationship between you and a Non-Physician Provider providing Counselling Services is a provider-patient relationship. TeleCBT Inc. is not a party to that relationship.
There are restrictions on the Counselling Services that can be provided through the TeleCBT Platform.
THIS SERVICE IS NOT TO BE USED FOR CRISIS OR EMERGENCIES.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR IF YOU ARE PLANNING OR CONSIDERING SUICIDE OR FEEL YOU ARE A DANGER TO YOURSELF OR OTHERS, YOU MUST NOT ACCESS THIS SERVICE AND/OR YOU MUST DISCONTINUE USE OF THIS SERVICE IMMEDIATELY AND CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM.
TeleCBT, TeleCBT Personnel, and Counsellors have the discretion to refuse or discontinue the provision of Counselling Services to any User at any time, including (but not limited to) for actual or potential misuse of the Counselling Services by a User.
By using the TeleCBT Platform, you represent and warrant that you are a resident of Canada and a minimum of 18 years old. You agree to use the TeleCBT Platform solely for personal, non-commercial use.
Using the TeleCBT Service
By registering to use the TeleCBT Platform, you acknowledge that you understand and agree that:
- The TeleCBT Platform is an online platform that facilitates connecting Users with Physicians and Non-Physician Providers for the provision of Counselling Services. TeleCBT is not a party to the relationship between you and any Physician or Non-Physician Providers providing Counselling Services. Physicians and Non-Physician Providers are independent professionals who are not employed by TeleCBT Inc.
- PHYSICIANS AND NON-PHYSICIAN PROVIDERS ARE SOLELY RESPONSIBLE FOR SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
- As with any other psychotherapy services, no results can be guaranteed or assured. In addition, your Counsellor may determine that Counselling Services available through the TeleCBT Platform are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Services to you through the TeleCBT Platform.
- TeleCBT does not provide 24 hour service at this time.
- The TeleCBT platform will not be used for medical emergencies or other time-sensitive matters.
- You are responsible for providing the Counsellor with the information that he or she advises is required in order to provide you with Counselling Services.
- You are responsible for ensuring at all times that the Counsellor has current contact information (email address, mobile phone number or other account information necessary to communicate via the Services).
- The laws that protect the privacy and security of Personal Health Information apply to Counselling Services. The TeleCBT App is PHIPA and PIPEDA compliant.
- The content and material appearing on the TeleCBT Platform could include errors (technical, typographical, photographic). TeleCBT Inc does not warrant that any of the materials provided are accurate or current.
- TeleCBT does not warrant that access to or use of the TeleCBT Platform will be uninterrupted or error-free or that defects in the site will be corrected.
Registration & Assessment
- In order to use the TeleCBT Platform, the User must register for an Account. The User is responsible for all activity that occurs under the Account and must maintain security of the Account and password at all times.
- Prior to TeleCBT providing the Services, the Client will complete an intake form. The completed Client Intake form contains Personal Health Information (PHI) which is used to determine eligibility for the Services and to provide your assigned Counsellor with information needed for initial assessment. The Client Intake form will be provided to your assigned Counsellor before the first session.
- Clients may request a Non-Physician Provider.
- Clients seeking Counselling Services from a Physician will be contacted by a TeleCBT Personnel for further assessment and will be assigned to an appropriate Physician based on eligibility and best fit.
- The Counsellor will assess the client’s needs, and together with the client create a treatment plan and determine the length of Service. Treatment plans may be adjusted as needs change.
- 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.
Expectations & Demonstration of Mutual Respect
While using the TeleCBT Platform you agree to the following terms:
- You will not access or use the Counselling Service while under the influence of alcohol or any recreational mood-altering substances. The Counsellor may cancel the Session if it is suspected that the Client is under the influence of alcohol or another substance which may affect cognition and comprehension.
- You will refrain from abusive language or inappropriate conduct when communicating with Counsellors, TeleCBT Personnel, or anyone else through the TeleCBT Platform.
- The Counsellor may cancel the Session if he/she determines in his/her discretion the Client’s behaviour and/or conduct in the Session is inappropriate.
- You will not attempt to gain unauthorized access to or impair any aspect of the TeleCBT Platform, or its related systems or networks.
- You will not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- You will not use the TeleCBT Platform in a manner that violates any laws.
Cancellation/ Rescheduling Policy
A Client must provide a minimum of 48 hours notice in order to cancel or reschedule a Session without charges.
The Client will be charged the full appointment fee for any sessions which are missed or cancelled with less than 48 hours notice given by the Client, or a fee of $110 for any OHIP covered sessions which are missed or cancelled with less than 48 hours notice given by the Client.
The Fee will be charged to the credit card entered for the Client’s Account before the Session (see “Payment for Services” section). TeleCBT will provide you with a receipt by email for the Fees you pay. If a valid credit card has not been entered for the Client’s account, the Client will be asked to provide valid payment information.
Discharge of the Client and termination of the Services may occur when:
- Goals are met or the Client expresses a desire to no longer use the Service. The Counsellor, together with the Client, will determine the length of Service and/or if goals have been met. When possible, the discharge plan will involve consultation with the Client to determine needs going forward.
- There are two (2) consecutive ‘no shows’ or three (3) consecutive cancellations for scheduled appointments.
- If there is no contact from the Client for a period of 90 days.
- TeleCBT reserves the right to terminate any Client’s access to or use of the TeleCBT Platform at any time, for any reason.
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 Counsellor and discontinue using the Service.
Payment for Services
You understand that you will be charged a fee for any Counselling Services you receive from a Counsellor except in those cases where the fees are covered by the provincial health plan in your Province or Territory of residence. We do not charge for services that are covered by provincial health plans. Session fees are set in accordance with the recommended fee range for Counsellors in private practice established by their respective college.
- TeleCBT requires you to submit credit card information prior to any Counselling Services being provided to. You will not be able to begin accessing Counselling Services through the TeleCBT Platform until a credit card is entered for your account.
- You agree that TeleCBT Inc, on behalf of Counsellors, may charge your credit card for any fees due (“Fees”). Fees include charges for Counselling Services provided, fees for missed appointments or late cancellations (as per the “Cancellation/ Rescheduling Policy” above), or any other fees incurred through use of the TeleCBT Platform.
- TeleCBT will only have the charge processed to your credit card after you have obtained the corresponding Service(s). TeleCBT will provide you with a receipt by email for the Fees you pay.
- Credit Card payments are processed by Stripe, a PCI-Level 1 compliant payment processor, at the end of each session. To review the Stripe privacy agreement, visit their website: https://stripe.com/en-ca/privacy.
The Client represents and warrants that:
- The Client has the legal right to use any credit card(s), OHIP number, or other payment method(s); and
- The information the Client supplies is true, correct and complete.
Psychotherapy services may be covered under the Client’s employer’s group benefits package and should be discussed with their employer or union. It is the sole responsibility of the Client to determine any potential insurance coverage. It is not the responsibility of the Counsellor to correspond with employers or insurance companies on the Client’s behalf.
Provincial Health Plan Coverage
Psychotherapy services provided by a Physician may be covered under the Provincial Health Plan in the province of residence (e.g., OHIP).
Provincial Health Plan information must be submitted prior to any Counselling Services are provided to you, including Provincial Health Plan number, gender and date of birth.
Provincial Health Plans do not cover the cost of missed appointments or other fees. Any Fees incurred which are not covered by Provincial Health Plans will be charged to the Client’s credit card. TeleCBT will provide you with a receipt by email for the Fees you pay.
None of the information or materials (collectively “Content”) available through the TeleCBT Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular treatment is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your family physician or another healthcare provider prior to relying on it and any reliance on Content is at your own risk.
The TeleCBT Platform, and contents and rights therein, shall remain the property of TeleCBT and are protected under applicable copyrights, trademarks and other proprietary intellectual property rights. This includes, but is not limited to: brand elements, company name, logo, product and service names, trademarks or services marks, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to TeleCBT. The copying, redistribution, use or publication by the Client of any such content or any part of the TeleCBT website, TeleCBT App or any communications, is strictly prohibited. The Client does not acquire ownership rights to any content or document obtained through TeleCBT. The posting of information or materials on the TeleCBT website or via the TeleCBT App does not constitute a waiver of any right in such information and materials.
Limitation of TeleCBT’s Liability
- Information, forms and agreements from or through the TeleCBT Platform are provided “as is”, “as available” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The forms, agreements and documents may contain bugs, errors, problems or other limitations. TeleCBT has no liability whatsoever for the client’s use of any information, form or documents.
- IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TeleCBT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE TeleCBT PLATFORM AND/OR COUNSELLING SERVICES PROVIDED BY PHYSICIANS AND/OR NON-PHYSICIAN PROVIDERS. TeleCBT, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD-PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
- YOUR USE OF OR RELIANCE ON THE TeleCBT PLATFORM AND/OR COUNSELLING SERVICES, OR
- YOUR INABILITY TO ACCESS OR USE THE TeleCBT PLATFORM AND/OR Counselling Services; OR
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PHYSICIAN OR ANY NON-PHYSICIAN PROVIDER.
- YOU AGREE THAT TeleCBT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE TeleCBT PLATFORM OR THE COUNSELLING SERVICES PROVIDED TO YOU BY PHYSICIANS AND NON-PHYSICIAN PROVIDERS.
- TeleCBT shall not be liable for delay or failure in performance resulting from cases beyond TeleCBT’s reasonable control.
- All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
- TeleCBT is not liable for computers or networks used to access your account, or for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the TeleCBT Platform.
You agree to indemnify and hold TeleCBT Inc. (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:
- your use of the TeleCBT Platform and/or Counselling Services obtained through your use of the TeleCBT Platform;
- your breach or violation of any of these Terms; or
- your violation of the rights of any third party, including Physicians and/or Non-Physician Providers or other Users.
Entire Agreement. These Terms constitute the entire agreement and understanding of TeleCBT and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the TeleCBT Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with TeleCBT’s prior written consent. TeleCBT may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Severability. If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
If you have any questions, concerns or suggestions, please contact us. Please include your name and contact information if you’d like us to respond to you.
ATTN: Chief Compliance Officer
1100 Burloak Dr., Ste 300
Burlington, ON L7L 6B2
- “Physician” means a physician who is registered to practice medicine in a Province or Territory of Canada, meets TeleCBT’s other criteria, and is permitted to provide Counselling Services through the TeleCBT Platform.
- “Non-Physician Provider” means an independent, regulated health professional (such as a Social Worker, Psychotherapist or Psychologist) registered to provide healthcare in a Province or Territory of Canada, meets TeleCBT’s other criteria, and is permitted to provide Counselling Services through the TeleCBT Platform.
- “Counsellor” means a Physician or Non-Physician Provider who is permitted to provide Counselling Services through the TeleCBT Platform.
- “Data” means information collected or compiled through the TeleCBT Platform which has been anonymized.
- “Anonymize” in relation to PHI, means to remove information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.
- “Device” means a mobile or desktop device owned or controlled by a User and used to access TeleCBT Counselling Services.
- “Counselling Services” means the provision of psychotherapy by a counsellor through the TeleCBT Platform.
- “Session” means a Counselling Services appointment with a counsellor through the TeleCBT Platform.
- “TeleCBT Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by us.
- “Personal Information” means information about an identifiable individual which is not PHI and which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the TeleCBT Platform.
- “Personnel” in relation to TeleCBT, means its employees and agents including independent contractors, sub-contractors, students and volunteers.
- “PHI” or “personal health information” means information about an individual’s health or healthcare that is subject to Privacy Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the TeleCBT Platform.
- “Privacy Law” means the applicable legislation governing the collection, use, disclosure, and/or protection of PHI in the Province or Territory in which a User resides.
- “User” or “Client” means an individual who has registered and created a TeleCBT Account in accordance with our Terms of Service and is thereby eligible to receive Counselling Services through the TeleCBT Platform.