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Terms of service

Last updated: June 20, 2024

 

AE Therapy (referred to herein as “AE Therapy”, “the Practice”, “I”, “me” or “mine”) is a sole proprietorship of Angelica Esposito (OCSWSSW Reg # 844028), and provides services (the “Services”) to the members of the public (each a “User”) in Ontario, Canada through the website located at www.aetherapy.ca, applications, or other online resources provided by AE Therapy (collectively, the “Website”). The Website contains my profile and other information. Users can view this information, and schedule initial consultations through the Website.

The terms and conditions stated herein (collectively, the “Terms”), together with AE Therapy Privacy Policy, located at www.aetherapy.ca/privacy-policy and incorporated herein by reference, constitute a legal and binding agreement (the “Agreement”) between each User (“you” or “your”) and AE Therapy. A copy of these Terms of Service may be downloaded, saved and printed for your reference.

By accessing or using my Website, you agree to comply with and be legally bound by these Terms, and any amendments thereon as published on the Website, whether or not you use the Services. These Terms govern your access to and use of the Website and Services. If you do not agree to these Terms, you must stop using the Website and Services.

Eligibility to use the website and the services

You must be at least 18 years of age to use the Services without supervision. If you are between the ages of 16 and 18, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these Terms, you must not use the Services. Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

By using the Services, you are agreeing and stating that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are only available to Users residing in Ontario, Canada.

Crises and emergencies

IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR PLANNING OR CONSIDERING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR OTHERS, YOU MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM.

Do not use AE Therapy or Services during crises. When in crisis, you should contact the following services or seek the services and advice of the Canadian Mental Health Association or other crisis agencies:

  • Canadian Crisis Centres

  • Find your local CMHA

  • Toronto Distress Centre: 416-408-HELP (4357)

  • Toronto Gerstein Centre: (416) 929-5200

  • Crisis Services Canada: 1 (833) 456-4566 (24/7)or text 45645 (4 pm to 12 am ET)

  • Kids Help Phone: 1 800 668-6868 (24/7) or text CONNECT to 686868; Languages: English and French

  • Hope for Wellness Help Line (available to all Indigenous peoples): 1 (855) 242-3310

  • Trans Lifeline Canada: 1 (877) 330-6366

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    Right to modify

    AE Therapy reserves the right, at its sole discretion, to modify these Terms, the Privacy Policy, the Website, or any Services at any time and without prior notice. If we modify these Terms, we will update the “Last Updated” date at the top of these Terms. You are responsible for regularly reviewing these Terms. By continuing to access or use the Website or Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.

    Registration and Security of your Account

    Users are required to complete an online registration form or enter information into data fields to access certain portions of the Website. In exchange for AE therapy granting you access to these portions of the Website, you agree to provide true, current, complete, and accurate information when we require such information. You also agree to update this information as soon as possible if such information changes.

    You are solely responsible for ensuring the security and confidentiality of any password(s). You may create your own password(s) or password(s) may be provided to you. You shall not share your password(s) with anyone at any time. You will prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized use. You may notify me at info@aetherapy.ca In addition, in order to provide and maintain a secure service, you must not disclose any security vulnerability to any person except to me. As soon as possible upon discovering any issue or problem that may pose a risk to the security or use of the Services, you must notify me at info@aetherapy.ca

    Consent for Electronic Communications

    You hereby consent to the exchange of information and documents between you and AE therapy over the internet or by email and this Agreement in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that I provide to you electronically satisfy any legal requirement that such communications be in writing.

    Linking

    We may offer links on our website to third party sites, including social networking websites and government resources, which are owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such sites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party sites. You assume full responsibility for your use of third party sites. Such sites are governed by terms and conditions different from those applicable to this website, and we encourage you to review the terms and privacy policies of those third parties before using their sites.

    Website access and profiles

    Users and I may voluntarily submit information about such User, as provided through forms, messages or profiles, including, without limitation, certain information that personally identifies the individual, as further described in the Privacy Policy (“Personal Information”).

    If you are a User, you may engage with the Website without providing Personal Information. However, if you would like to book a consultation with me on the Website, you may be asked for Personal Information such as your first and last name, email address, phone number, and other information of your choice, which information shall be disclosed only to AE therapy. By booking a consultation or sending a message through AE therapy’s forms or features, you understand that your message may be sent by email, which is not a secure means of communication.

    Termination

    AE Therapy may suspend your ability to use all or any portion of the Website and Services or may terminate these Terms effective immediately, without providing any notice or explanation. Without limiting the foregoing, AE Therapy may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to access the Website or Services, or to re-establish a Profile. You agree that AE Therapy shall not be liable to you for any termination of your access to the Website or the Services.

    You may cancel your Profile at any time by sending an email to info@aetherapy.ca .  Please note that if your Profile is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Website.

    Copyright infringement

    If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond promptly in accordance with the Copyright Act, RSC 1985, and all associated regulations.

    Trademarks

    AE Therapy’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of AE Therapy or its affiliates or licensors. You may not use such marks without the prior written permission of AE Therapy. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

    Disclaimer/Limitation of liability

    THE LAWS OF SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

    ERRORS AND/OR OMISSIONS MAY OCCUR DESPITE OUR BEST EFFORTS TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE. AS SUCH, THE WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY ERRORS AND/OR OMISSIONS. AE THERAPY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    AE THERAPY SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AE THERAPY.

    IN NO EVENT SHALL AE THERAPY OR AE THERAPY’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF AE THERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICES OR THE WEBSITE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.

    Release

    By using the Website and the Services you agree to release, discharge and hold harmless AE therapy and its affiliates and subsidiaries, and their officers, directors, employees and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Website, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Website.

    Governing law and jurisdiction

    Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein. Any dispute is to be submitted to a court of competent jurisdiction in the City of Toronto in the Province of Ontario. If any provision of the present Terms of Service shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

    Entire agreement

    These Terms of Service, the Privacy Policy and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and AE therapy with respect to the use of the Website, including the Content.

    Dispute resolution

    Any and all disputes, demands, claims, or causes of action (including the interpretation and scope of this clause) between you and AE Therapy or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

    Arbitration shall be subject to the Arbitration Act, 1991, SO 1991. The arbitration shall be conducted before one arbitrator with substantial experience in resolving commercial contract disputes and duly certified by the Canadian Arbitration Association. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration shall be conducted pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc., in the English language, in which the decision of the arbitrator(s) shall be conclusively deemed to determine the rights and liabilities between the parties to the arbitration in respect of the matter in dispute. There shall be no appeal from the award of the arbitrator made in accordance with the provisions of this section.

    Waiver

    The failure by AE Therapy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of AE Therapy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    Force Majeure

    AE therapy will not be deemed to be in breach of the terms of this Agreement or liable for any breach of the terms of the Agreement or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, invasion, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

    Your comments and concerns

    This Website is operated by AE Therapy. If you have any questions about these Terms or if you wish to report a problem to us regarding the Website, please contact me at info@aetherapy.ca

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