BEFORE USING FAMILY TLC SERVICES OR OTHERRESOURCES, YOU MUST ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Counselling services are provided Cook Social Work Professional Corporation. (“Family TLC”). Family TLC counselling services are provided directly under counselling agreement with Family TLC and further subject to these terms of service.

These terms of service govern your use of the Family TLC provided support resources, counselling and similar services (“Services”). Please read these Terms carefully and contact us if you have any questions. By signing up, accessing or using our Services, including completing an intake form provided by TLC Resources, you agree to be bound by these Terms and by our Privacy Policy.

Last updated on June 15, 2020

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE INFORMATIVE CONTENT PROVIDED UNDER THESE SERVICES IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND OUR COUNSELLORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

Privacy Policy

Family TLC’s Privacy Policy (available at https://www.familytlc.ca/practices-privacy-policy-page/) (the “Privacy Policy”) describes how we collect, use and disclose personally identifiable information and non-identifying aggregate information from clients of our Services. The Privacy Policy is expressly incorporated into these Terms. By using the Services, you agree to be bound to the provisions under the Privacy Policy.

Counselling Services

Clients wishing to engage Family TLC for counselling services will be required to enter into individual counselling agreements with a Family TLC in addition to these general terms. If you wish to enter into a counselling services agreement, please contact Family TLC client services via phone at 705-737-3513 or by email clientservices@familytlc.ca. The web domain found at www.familytlc.ca and Family TLC mobile application are made available to Family TLC by TLC Resources. Through these, TLC Resources provides an intake form for submission to Family TLC. You may complete the applicable intake form and your information will be provided to Family TLC to determine whether Family TLC may provide these separate counselling services.

Submitting your information through the website or mobile application does not immediately create a counselling relationship with Family TLC. Family TLC client services will provide you with links to further documentation. Once you complete the forms, they will automatically be attached to your electronic file with Family TLC. You may continue to view and use the mobile app and website, subject to the applicable website and mobile app Terms of Use and Privacy Policy, notwithstanding whether you enter into a counselling relationship with Family TLC.

Family TLC does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. These Services are not generally directed to persons under 18. Family TLC services may be provided to persons under the age of majority through a separate process requiring the custodial parent or guardian to complete a separate questionnaire and application. Please see our website FAQ’s at https://www.familytlc.ca/faq/ for further information. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will remove that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@familytlc.ca.

After registration, please advise Family TLC immediately of any changes including name, address; telephone numbers and e-mail address by contacting Client Service at clientservices@familytlc.ca. If Family TLC believes that some of its records are inaccurate, it may contact you to verify its records. Family TLC reserves the right to refuse services to anyone it believes it has incomplete or inaccurate information.

Copyright and Trademarks Owned by Us

Other than third-party content, all content and all software or program available or used to create and provide our Service, is the property of the Family TLC or its licensors, and is protected by Canadian and international copyright laws, and all rights to the content and such software are expressly reserved. Use of Family TLC’s copyright and trademarks on the TLC Resources website and mobile application are done so under license from Family TLC.

Other than third party content, the Family TLC logo and all other product or service names, slogans or logos displayed on the Site are registered or common law trademarks of Family TLC or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Family TLC or the applicable trademark holder.

Any copying, posting, transmitting, distributing, or otherwise modifying the Services without the express written permission of Family TLC is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject user to civil and criminal penalties.

Intellectual Property of Vendors and Third-Parties

All other trademarks, company names, product names and logos presented during the provisioning of our Services are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, supplier, manufacturer or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof by Family TLC. You acknowledge that you will not use any third party intellectual property rights in relation to the Services without the prior written consent of the appropriate holder of such rights. You represent and warrant that your use of our Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Availability of our Services

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep our Services accessible and available, the Services may be unavailable from time to time for any reason. You understand and acknowledge that due to circumstances both within and outside of our control, our ability to provide Services to you may be interrupted, suspended or terminated. Family TLC retains the right at our sole discretion to deny service to anyone at any time and for any reason.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Services, Site, or methods in which you communicate with us, we can’t be, and are not responsible for, the security of information, including personal information and financial data that you choose to communicate with Family TLC while it is being transmitted. In addition, Family TLC is not responsible for any data lost during transmission. Family TLC will not require that such data is provided for use of the site. Family TLC recommends reviewing the terms and conditions of any external site in which you engage in financial or private information sharing transactions.

In light of the recommendations arising from the Covid-19 pandemic, services may be provided through electronic or telephonic platforms. You agree to enter into an electronic telehealth consent form for the provision of services conforming to social and physical distancing guidelines.

Should you provide informed, written consent to transfer and/or release your Family TLC file, Client Services / the Family Services Clerk shall transfer/release the file by way of password protected email, fax, or in-person delivery.?Once your file has been released to the specified professional, service, and/or third party, Family TLC is not responsible?for the privacy of that file subsequent to it’s release.?? 

Accuracy of Information posted on the Site

Family TLC does not represent or warrant that any information obtained, including information about any counselling services, product is accurate, error free or that it is up to date or relevant to you whatsoever.

NO LIABILITY FOR CLAIMS

You waive and shall not assert any claims or allegations of any nature whatsoever against Family TLC, its respective affiliates or subsidiaries, counselling service persons, contractors, licensors, advertisers, users or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees or other related parties (collectively, the “Released Party”) arising out of or in any way relating to your use of the Services, Site or the content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content or counselling services, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third-party from any claim or allegation arising from your use or other exploitation of the Site. You use the Services at your own risk.

NO LIABILITY FOR DAMAGES

Without limiting the foregoing, neither Family TLC nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the Services, use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Family TLC or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, pandemic, theft, destruction or unauthorized access to Family TLC or any other Released Party’s records, programs or services.

MAXIMUM LIABILITY

In no event shall the aggregate liability of Family TLC , whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services or Site exceed any fees paid by you during the three months prior to the date of the filing of any claim. You acknowledge that Family TLC shall not be liable for any amounts if you had not paid any fees directly to Family TLC.

Indemnity for Use of the Site

You shall defend, indemnify and hold harmless Family TLC and the other Released Parties from any loss, damages, liabilities, costs, expenses, actions, claims and proceedings (including reasonable legal and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the Services or Site; (ii) any breach by you of any agreements, or representations and warranties contained in these Terms, (iii) any access to or use of the Service or Site by you in violation of any rights of Family TLC or any third-party, including, but not limited to, copyright including moral rights, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

Notices

We may provide notices to you in the following ways:

• By email to the contact information you provided in your registration data; and
• By posting a notice on www.familytlc.ca. It is your responsibility to review the Site for notices.

Receiving Information from Family TLC

Family TLC may send you printed or email information regarding your account status as well as marketing information we believe may be of interest to you. When you submit your intake form for counselling services, you consent to receive all these types of information from us. However, you will be given the opportunity to opt-out of emails from Family TLC by providing written notice to clientservices@familytlc.ca.

Governing Law

You and Family TLC explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and attorn to jurisdiction of the courts within the Toronto region.

Method of Conflict Resolution

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services, Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts excepting judicial review). If you have a Claim, you should give written notice to arbitrate at the email address specified below. All notices shall be delivered to your address provided by you on registration or as updated in writing. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario located in Toronto.

Waiver of Future Class Action

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Family TLC related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Family TLC.

Compliance with Local Laws

If you choose to access our services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Family TLC and the other Released Parties for your failure to comply with any such laws.

Termination

Termination occurs when the specific terms of your counselling engagement give rise to termination with Family TLC. Family TLC reserves the right to retain user information, including personal information, for its legal or business purposes, or converting such information in a non-aggregated or non-identifiable form, permanently.

Electronic Signature

Your affirmative act of submitting your information through our intake form constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.

Family TLC’s Right to Modify Terms

We reserve all rights to change or modify any of the terms and conditions contained in these Terms, any policy or guideline of the Services, any feature, or functionality, at any time and in our sole discretion, with or without notice. We may make changes to these Terms to reflect changes in legal or regulatory obligations or for our other business purposes. If you do not agree with the changes, you can cancel your account with us according to the termination provisions provided in these terms. Unless otherwise specified, any changes or modifications are effective immediately upon posting of the revisions on the website, and your continued use of our Services after such time constitutes your acceptance of such changes or modifications. We may notify you for material changes to these Terms, but you acknowledge that we are not obligated to do so. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Program, or the rights and obligations of any User in connection with the Program, shall be governed by, and construed pursuant to the sole discretion of Family TLC.

Severability

If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Assignment

User may not assign or transfer any or all of their rights without prior written consent of Family TLC. Family TLC may assign any or all of its rights hereunder to any party without your consent. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Entire Agreement

These Terms, and the Privacy Policy expressly incorporated within, represent the entire Agreement between the Parties, and overrule any previous communications, understandings, between the parties.