Terms of Use
WEBSITE TERMS OF USE
Last updated on May 11, 2025
This website, https://www.abetterme-counselling.ca including all pages, content and subdomains, (collectively, “Site”) is owned and operated by A Better Me Counselling Services. In these Terms of Use (“Terms”), “we”, “us” and “our” means A Better Me Counselling Services and the terms “you” or “your” means any individual user of our Site or, if you are using this Site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Website Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, offerings (whether free or paid), content or other resources (collectively, “Services”). These Terms govern your use of the Site and Services and are legally binding on you.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By purchasing or accessing any of our Services, you warrant to us that you are at least 16 years of age. If you are not at least 16 years of age, you are not allowed to use our Site.
While we aim to keep this Site as up to date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
More information about how we collect, process and store your personal information can be found in our Privacy Policy.
FEES
Fees
All fees are listed in Canadian Dollar and are subject to change without notice.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property Rights
All content, resources, materials, Digital Products (as defined below), images, text, designs, graphics, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site and within our Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of our rights and of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.
Linking to our Site
Before you link to our website, please ensure you are following our guidelines for doing so. If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).
You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We reserve the right to revoke your access to our Intellectual Property for any misuse or infringement and further expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Account Security
You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately.
Use of Third-Party Applications
We use third-party platforms (Jane App and Stripe) to deliver Services and process payments. Your data may be stored or processed by these third parties. Refer to our Privacy Policy for more details.
Confidentiality
Unless you become a client through a separate agreement, we do not have any duty of confidentiality to you. Any communication submitted through the Site may not be treated as confidential.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and your breach of these Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any our Services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials made available to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
No Guarantees: Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and does not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party contributor. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Professionally Regulated Services Disclaimer
By visiting our site, no professional or client/patient relationship is formed. We owe you no duty of confidentiality or other professional duty as a result of your use of our Site and/or Services, unless we have expressly agreed to enter into a Therapist - Client relationship with you, and contracts have been signed.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL A BETTER ME COUNSELLING SERVICES OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use or misuse of our Site.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
GENERAL
Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site.
Governing Law, Jurisdiction; Legal Fees
These Terms, as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Windsor, Ontario. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at jennifer@abetterme-counselling.ca and we will add you to our notification list. If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: jennifer@abetterme-counselling.ca.