Whole Kids Health Terms of Use.
Last Update: April 18, 2023
Please read these Terms of Use Agreement carefully before accessing or using our website.
USE OF WEBSITE
This Terms of Use Agreement (“Agreement”) sets forth the general terms and conditions of your use of the wholekidshealth.ca website (the “Website”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your") and Whole Kids Health Psychology Group (doing business as “Whole Kids Health”, “we”, “us” or “our”).
By accessing and using this Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. “Use” of the Website means visiting or using the Website, including (without limitation): to access or download, text, data, images, PDFs, videos, newsletters, articles, illustrations, animations, views, opinions or other materials, which is collectively referred to as “Content”.
You acknowledge that this Agreement is a contract between you and Whole Kids Health, even though it is electronic and is not physically signed by you, and it governs your use of the Website, Services, and Content. If you do not agree with the terms of this Agreement, you must not access or use the Website, Services, and Content.
Whole Kids Health may revise this Agreement at any time without prior notice to users. Continuing to use the Website after modifications have been made will signify your acceptance of these revised terms and your agreement to be bound by the updated terms. You should visit this page periodically to review this Agreement.
Medical Emergency:
The Content on this Website is NOT intended as emergency or crisis help.
If you require help with an emergency, contact your local emergency services: in Ontario CALL 911 or go to your local hospital emergency room.
DISCLAIMER
The Content on this Website is provided for educational and/or informational purposes only.
All material, text, images, downloads, attachments, and any other Content whatsoever contained on or within the Website is for informational purposes only and is not intended to substitute the advice, diagnosis, or treatment from a qualified medical professional. Always speak to your doctor, physician or other qualified medical professional with any medical questions you may have. Please consult with your physician before making any decision regarding treatment, to determine the appropriateness of any Content for your specific situation and before making any decision regarding your treatment. Online resources are not a substitute for the personalized judgment and care of a trained professional. TheWebsite and Content is not designed or intended to constitute medical advice or to be used for diagnosis.
Whole Kids Health makes no representations or warranties regarding the accuracy, quality, completeness, timeliness, appropriateness or sustainability of the Content. Whole Kids Health assumes no obligation to update the Content or advise on further developments concerning the topics mentioned in the Content. Reliance on any information provided by Whole Kids Health, the Website, or from the Content is solely at your own risk.
The Content on this Website is not intended as emergency or crisis help. If you require help with an emergency, contact your local emergency services: in Ontario call 911 or go to your local hospital emergency room.
Whole Kids Health does not accept any liability for your Use of the Website and Content and your Use of the Website and Content is at your own risk. The Website is provided on an “as-is” basis, without any representations or warranties of any kind, express or implied. Whole Kids Health shall not be liable for any damages, including but not limited to, direct, indirect, incidental, punitive, or consequential damages, arising from the use or inability to use the Website, Services, or Content, all of which are disclaimed by Whole Kids Health to the fullest extent permitted by law.
NO PROFESSIONAL-PATIENT RELATIONSHIP
The information provided on the Website is for educational and informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. The information provided on the Website does not create a professional or physician-patient relationship between you and Whole Kids Health or any of its contributors. You should not use the information on this website to diagnose or treat any health problems or illnesses without consulting a qualified healthcare provider. Please consult your healthcare provider if you have any questions or concerns about your health or before starting a new treatment.
PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy. Respecting your privacy is of the highest priority and you can read our Privacy Policy here.
LIMITATION OF LIABILITY
You agree that in no event shall Whole Kids Health, its affiliates, its officers, directors, employees, agents, licensors or their respective successors and assigns have any responsibility or liability for any special, indirect, incidental or consequential losses or damages of any kind, including, without limitation, personal injury resulting from following any advice or information given on the Website, any loss or damages in the nature of or relating to lost business, lost savings, lost data or otherwise, regardless of the cause, whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. This limitation applies even if Whole Kids Health knew of or ought to have known of the possibility of such damages.
LINKS TO TOHER RESOURCES & THIRD-PARTY SITES
The Website and Content may link to other resources or materials from any third-party user of the Website or any advertiser or sponsor of the Website (collectively, a “Third Party”). Whole Kids Health is not, directly or indirectly, implying any approval, associations, sponsorship, endorsement or affiliation with any linked resources, unless specifically stated herein.
Whole Kids Health is not responsible for examining or evaluating, and does not warrant the offerings of, any business or individuals or the content of their resources. Whole Kids Health does not assume any liability or responsibility for any Third-Party materials or websites, or for any other materials, products, or services of third-parties.Whole Kids Health expressly disclaims any and all liability for the acts, omissions or conduct of any Third-Party user of the Website or any advertiser or sponsor of the Website.
Under no circumstances shall Whole Kids Health or its affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages), or expense arising in any manner whatsoever, directly or indirectly, from (1) the acts, omissions, or conduct of a Third Party; or (2) any use or inability to use any content located at or made available at any website linked to or from the Website. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party content or products should be directed to the Third-Party. Your linking to any other off-site resources is at your own risk.
You hereby release Whole Kids Health and its officers, directors, employees, agents and their respective successors and assigns from any injury, loss, damages or expenses that you may incur, and agree not to assert any claims against them, arising directly or indirectly from your purchase or use of any products, services, or content referenced by or made available through the Website or by third parties through the Website.
INTELLECTUAL PROPERTY RIGHTS
All Content on the Website, including but not limited to text, graphics, logos, images, audio clips, and video clips, is the property of the Website or its content suppliers and is protected by Canadian copyright laws. Users may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or otherwise exploit any Content on this Website without the prior written consent of Whole Kids Health or the respective copyright owner.
Whole Kids Health retains all intellectual property rights in and to the Website, including but not limited to trademarks, service marks, and trade names associated with the Website. You may not use any trademarks, service marks, or trade names associated with the Website without the prior written consent of Whole Kids Health.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Whole Kids Health, affiliates, officers, directors, employees, health-care practitioners, agents, licensors, service providers, subcontractors, suppliers, residents, students, volunteers, and employees, and all third parties mentioned at the Website, from and against all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your Use of the Website and its Content or your breach of the Agreement.
SEVERABILITY
In the event that any provision of this Agreement or any covenant contained herein is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the invalidity or unenforceability shall not affect the validity or enforceability of any other provision or covenant contained herein, and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
USE PROHIBITED WHERE CONTRARY TO LAW
By using the Website, you agree that you will not use the Website or its Content for any unlawful purpose or in any way that is prohibited by these terms of use. You agree not to use the Website and Content in any jurisdiction where it may violate any federal, provincial, or local laws, regulations, or ordinances, or that would infringe on the rights of any third party. You agree not to access or use the Website in such jurisdictions. You acknowledge and agree that it is your responsibility to ensure that your use of this Website complies with all applicable laws, rules, and regulations. You further acknowledge and agree that Whole Kids Health is not responsible for any unlawful or unauthorized use of the Website by you or any other user.
GOVERNING LAW AND JURISDICTION
Whole Kids Health operates this Website from its offices within the province or territory of Ontario (Canada).
You agree that all matters relating to your access to your use of the Website and Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy, or claim between us or by either of us against the other or the employees, agents, mandatories, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, the Website, any use of the Website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.
CHANGES AND AMENDMENT
Whole Kids Health reserves the right to modify this Agreement or its terms related to the Website and Services at any time, without prior notice. When revised, the date will be updated at the top of this page.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. By continuing to use the Website, Services, and Content after modifications have been made will signify your acceptance of these revised terms and your agreement to be bound by the updated terms.
TERMINATION
Whole Kids Health reserves the right to cancel or terminate your right to use the Website or access to the Website for any reason, at any time. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination.
The restrictions imposed on you on material downloaded from the Website and the disclaimers and limitations of liabilities outlined in this Agreement shall survive termination of this Agreement. Whole Kids Health shall not be liable to any party for such termination.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services
ENTIRE AGREEMENT
This is the entire Agreement between you and Whole Kids Health relating to your access and Use of the Website, Services, and Content, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
If you have any questions, concerns, or complaints regarding this Agreement, please contact us.
