Legal Agreement – This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs the access and use of services with Catholic Family Services of Toronto (“CFST”). This includes the use of the web platform https://www.cfstoronto.com (the “Website”) and any services with personnel affiliated with CFST, including, but not limited to registered social workers/psychotherapists, related administrative functions, telephone and intake/application services, reception, appointment scheduling, and booking (collectively the “Services”), operated and managed by Catholic Family Services of Toronto (“we”, “us”, “our”, or “the Agency”). Individuals (“you”, “your”, or the “User(s)” throughout) who visit our Website may use or access any of CFST Services. References to you, your and User(s) used throughout this Agreement also includes a User’s substitute decision maker as defined under the Health Care Consent Act, 1996, where applicable.

This Agreement governs your access or use of the Website, CFST services, and Staff User Accounts and all materials displayed or made available through the Website or Staff User Account, including, without limitation, text, images, photographs, illustrations, audio and video clips, computer software, and code (the “Content”) on the Website.

By accessing our Website and/or using our Services, you are indicating that you accept to be bound by the terms of this Agreement. If you do not accept these terms, you must not access or use our Website or Services. CFST may revise this Agreement at any time with reasonable notice to you. Use of the Services after such changes are made available to you constitutes your acceptance of and agreement with the revised terms of this Agreement.

To access our Services, Users must access the Website and submit the required information in order to request for services. A case file will be created based on the information you provide as part of the intake process. When it is agreed that you will proceed with services, your counsellor will offer an appointment to you, whether it be in-person or online. If we are providing online services, a link to the virtual care platform the Agency uses will be sent to you.

Staff – This Agreement governs staff access and use of the Staff User Accounts and includes all website content.

Services – CFST provides counselling, wellness, and marriage preparation and family life services to those in our service catchment area and whose needs are within our scope of practice.

All counsellors providing counselling services to clients are employees of CFST. Only counsellors registered in a professional College that regulates the Controlled Practice of Psychotherapy in Ontario will provide psychotherapy services in compliance with the Regulated Health Professions Act, 1991.

CFST DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL A PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER, VISIT YOUR NEAREST HOSPITAL EMERGENCY DEPARTMENT OR DIAL 911 IMMEDIATELY.

No Medical Care Provider Relationship – The presentation of information on the Website and your use of CFST’s Services does not establish a medical care provider relationship between you and CFST and is not intended as a solicitation of individuals to become CFST’s clients.

Registration – To use certain features of the Website, employees must create a Staff User Account. When you register for a Staff User Account, you agree to: provide true, accurate, current, and complete information, and maintain and promptly update the information to ensure it remains true, accurate, current, and complete.

If CFST has reasonable grounds to suspect that the information you provided is untrue, inaccurate, not current, or incomplete, CFST will have the right to suspend or terminate your access to all or part of our System. Our use of any personal information you provide to us at any point is governed by the terms of our Privacy Policy.

Unless otherwise permitted by CFST in writing, you may only possess one Staff User Account.

Usernames and Passwords – You are responsible for maintaining the confidentiality of the password you use in association with your Staff User Account. You are also responsible for all activities that occur under your username and password. If CFST has reasonable grounds to suspect that you are sharing your username or password with anyone, CFST will have the right to suspend or terminate your Staff User Account and your access to the Services.

Privacy and Personal Health Information – The collection, use, disclosure, retention, destruction, and disposal of information is governed by our Privacy Policy. By agreeing to the terms and conditions of this Agreement, you agree to our Privacy Policy.

Copyright – The Content is copyrighted and owned by CFST, its licensors, or the provider of the Content, as the case may be. Except as granted in the limited licences herein, any use, modification, transmission, distribution, republication, or other exploitation of the Website, Staff User Account or Content, whether in whole or in part, is prohibited without CFST’s express prior written consent.

Limited Licence – Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view, and use the Website, Content, Staff User Account and any part of our Services for your personal, non-commercial use. Access to the Website, Staff User Account and Services for any other purpose is prohibited.

Software Licence – All software embedded in or located on the Website, including, without limitation, all computer code of all types and all files or images contained in or generated by such software (collectively, the “Software”) is protected by copyright and may be protected by other rights. All Software is owned by CFST, its licensors, or the party accredited with ownership of the Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to:

  1. the terms and conditions of this Agreement; and
  2. any additional conditions which may be imposed on your access and use of the licensor’s Software, including any condition imposed by the licensor’s terms of use and privacy policy.

Except to the extent expressly permitted in this Agreement, you may not:

  1. use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
  2. sell, rent, lease, license, transfer, or otherwise provide access to the Software;
  3. alter, remove, or cover any trade-marks or proprietary notices, including from the Software; or
  4. decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Other than the limited licence granted herein, nothing contained on the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited to, any intellectual property rights in the Software.

All Software embedded or integrated into our Services including the Website is provided “as is”, without warranties of any kind, either expressed or implied, including, without limitations, any warranty that the Software:

  1. is of merchantable quality or is fit for any particular purpose;
  2. will conform with any specifications relating to the Software;
  3. will be free from material defects;
  4. contains no computer viruses or other contaminants; or
  5. shall process date and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Posted Information – All information made available on the Website or through any other part of our Services is provided for general, illustrative or informational purposes only and does not constitute medical or health care advice and is not intended to be a substitute therefor. You should not act or refrain from acting based on any information provided on the Website or through any other part of our Services.

Collection of Fees and Donations – All payment processing is securely operated through Stripe. Please review the Stripe Terms of Use regarding payment by credit card or debit card.

No Endorsements – Unless expressly stated, CFST does not recommend or endorse any particular brand of products, services, procedures, or other information that may appear from time to time on the Website or through any other part of our Services.

Linking – The Website or Content may contain links to third-party websites. These links are provided for convenience only and not as an endorsement by CFST of any third-party website and its content. Unless specifically stated, CFST does not operate any third-party website and is not responsible for its content, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant:

  1. regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
  2. regarding the merchantability or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or websites located at or made available through such third-party websites; or
  3. that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.

CFST reserves the right to provide or remove any links on the Website at any time and do so without notice. For clarity, CFST does not own or operate any other website, including external links on our website and CFST disclaims all liability arising to you from their use.

Disclaimer – The Website and Content are provided “as is” and “as available”. While CFST endeavors to provide accurate, current, and timely information, CFST makes no representation, warranties or covenants, express or implied, regarding the Website or Content including, without limitation, no representation, warranty or covenant that:

  1. the Website or Content contained in or made available through the Website will be of merchantable quality or fit for a particular purpose;
  2. the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose;
  3. the operation of the Website or Content will be uninterrupted or error free;
  4. defects or errors, whether human or computer errors, in the Website, Content or any other part of our Services will be corrected;
  5. the Website or Content will be free from viruses or harmful components; and
  6. that communications to or from the Website or Content will be secure or not intercepted.

Please see our Privacy Policy or more information regarding communication security and confidentiality.

You acknowledge and agree that your access and use of the Website or Content is solely at your own risk and liability.

Limitation of Liability – In no event shall CFST or its officers, directors, employees, volunteers, students, interns, agents, licensors, and their respective successors and representatives be liable for damages of any kind, including, without limitations, any direct, indirect, special, punitive, incidental, or consequential damages, including, without limitation, any loss or damages relating to your use or misuse of any part of our Services, Staff User Account, Website or Content or your inability to use our Services including the Website, Content or Staff User Account.

You acknowledge and agree that CFST is not connected with or responsible in any way for, conduct of any third-parties on the Website, or any advertisers or sponsors of the Website or Content and any other part of our Services (collectively, “third-party”).

Under no circumstances shall CFST or officers, directors, employees, volunteers, students, interns, agents, licensors, or their respective successors and representatives be liable for any injury, loss, damage of any kind (including direct, indirect, special, punitive, incidental, or consequential damages), or expense arising in any fashion whatsoever from:

  1. the acts, omissions, or conduct of any third-party, and
  2. any access, use, reliance upon or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website or Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if CFST knew of or ought to have known of the possibility of such damages.

Indemnity – You agree to indemnify, defend, and hold harmless CFST, officers, directors, employees, volunteers, students, interns, agents, licensors, and their respective successors and representatives, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from:

  1. your breach of any of the terms and conditions of this Agreement;
  2. your access to, use, misuse, reliance upon, or inability to access or use the Website or any other part of our Services from time to time; or
  3. your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website or any other part of our Services.

Modification to the Website – CFST reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website and any other part of our Services without notice to you. We may provide notice to you out of courtesy, but that does not obligate us to provide notice for any subsequent amendments to our Services including our Website. CFST shall not be liable to you or any third party for any modifications, suspension, or discontinuance of the Website or Content or any part thereof.

Termination – CFST may, in its sole discretion, cancel or terminate your right to use the Website or Staff User Account, or any parts of our Services at any time without notice. In the event of termination, you are no longer authorized to access the Website or Staff User Account or the parts of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website set out in this Agreement shall survive termination of this Agreement. CFST shall not be liable to you or to any third-party for such termination.

Use Prohibited Where Contrary to Law – Use of the Website, Content and any part of our Services is unauthorized in any jurisdiction where the Website or any part of our Services may violate any laws or regulations. You agree not to access or use the Website or any part of our Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.

Governing Law – The Website and all parts of our Services are operated by CFST from its offices in Ontario, Canada. You agree that all matters relating to your access or use of the Website, User Account, Content, Software, and any part of our Services shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Website or any part of our Services as well as any dispute that may arise therefrom.

Severability – If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining provisions of this Agreement continue in full force and effect.

Assignment – This Agreement is not assignable, transferable, or to be sublicensed by you except with the prior written consent of CFST. CFST may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Waiver – Any consent by CFST, either express or implied, to, or waiver of, a breach of this Agreement which you have committed shall not constitute a consent to, or waiver of, any other or subsequent breach.

Entire Agreement – This is the entire Agreement between you and CFST relating to your access and use of the Website and any part of our Services. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and CFST relating to the subject matter of this Agreement.

Contact Us – Questions or comments regarding the Website or any part of our Services should be directed to: info@cfstoronto.com.