Terms of Service
for Members
Your application will be approved automatically when you sign up to the directory however it will still be under review. Healing in Colour may review your application and look through the website/social media links you have provided.
Healing in Colour may choose to decline your application if we feel that your practice or online presence may be out of alignment with our values. If we feel uncertain, we may invite you into a dialogue to discuss any potential issues. This is done in a spirit of community, honouring both the relationship that we are potentially entering into with you, and the relationships we have with community members who trust our platform.
Within Healing in Colour, there is an Accountability Committee comprised of staff and board members. If you have concerns about your interactions with our staff during this dialogue, or if your application is denied and you would like someone else to take a second look, you can contact the Committee at admin@healingincolour.com
Healing in Colour reserves the right to remove you from the directory should we have reason to believe that you may be out of alignment with our statement of values. While ideally we would like to engage in a deep process with you should any concerns arise, due to our limited capacity as a small grassroots organization we may choose to remove your profile without conducting an investigation.
Healingincolour.com, also known as “Healing in Colour”, requires users of its services, including any entity registering for its services (“Member”) to accept and adhere to these terms and conditions (the “Agreement”). This Agreement governs the services and is accepted by registering or by using or accessing Healingincolour.com’s services. Healing in Colour may update this Agreement from time to time and Member will have 30 days to reject the updated terms by providing written notice to Healing in Colour. If Member continues to use or receive the services following such period, the updated Agreement will be deemed accepted.
Please note that Healingincolour.com provides a public service to individual consumers who may access the Healingincolour.com website (“Users”) for mental health information or to find a mental health provider listed in the Healingincolour.com Therapist Directory. These Terms of Service for Members apply only to Members, and not to Users.
1. Registration. Membership application will be completed by the Member pursuant to the online registration process and be subject to final approval by Healing in Colour. Membership will include the specific benefits and services as requested by the Member and approved by Healing in Colour (herein referred to collectively as the “Services”).
2. Service.
2.1. Rights for Use. Healing in Colour hereby grants to Member, during the Term of this Agreement, a non-exclusive, non-transferrable, limited right to access and use the Services, subject to the terms and conditions herein.
2.2. Accounts; Security. Access to or use of certain portions and features of the Services require the member to create an account (“Account”). Member states that all information provided by it is current, accurate, complete, and not misleading. Member further states that it will maintain and update all information provided by it to ensure accuracy on a prompt, timely basis. Member is entirely responsible for maintaining the confidentiality and security of its account(s), including its password. Accounts are not transferrable. Member agrees to promptly notify Healing in Colour if Member becomes aware or suspects any unauthorized use of its accounts, including any unauthorized access or attempted access. Member is responsible for all activities that occur under its account(s).
2.3. Restrictions on Use. In accessing or using the Services, Member will not: (a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever; (b) devise specifications from, reverse engineer, reverse compile, disassemble, or create derivative works based on the Services; (c) apply systems to extract or modify information in the Services using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”; (d) knowingly input or post through or to the Services any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others, (e) store data on the Services unless in compliance with applicable Canadian Privacy Laws (f) input or transmit through or to the Services any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Services or grant unauthorized access thereto; (g) use or access the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes; (h) cause, assist, allow or permit any third party (including an end-user) to do any of the foregoing; or (i) use the Services to compete with Healing in Colour in any way.
2.4. Maintenance. Member agrees that Healing in Colour may install software updates, error corrections, and software upgrades to the Services as Healing in Colour deems necessary from time to time. All such updates, error corrections and upgrades will be considered part of the Services for purposes of this Agreement.
2.5. Applicable Laws. Member’s access to and use of the Services is subject to all applicable international, federal, provincial, and local laws and regulations. Members may not use the Services or any information data or Member Content in violation of or to violate any law, rule or regulation. Ensuring Member’s use of the Services is compliant with applicable laws is the responsibility of Member.
2.6. Suspension of Services. Healing in Colour has the right to immediately suspend the Services (a) in order to prevent damage to or degradation of the Services or unauthorized or non-compliant use or (b) for operational reasons such as repair, maintenance, or improvement or because of any emergency, or (c) if, following notice from Healing in Colour, Member has failed to pay any amounts due and owing. In the case of (a) or (b) Healing in Colour will give Member prior notice if reasonable and will ensure that the Services are restored as soon as possible after the event given rise to suspension has been resolved to Healing in Colour’s reasonable satisfaction.
3. Data Licenses.
3.1. Member Content. As between Healing in Colour and Member, all title and intellectual property rights in and to all electronic data or information submitted to and stored in the Services that is owned by Member (“Member Content”) is owned by Member. Member acknowledges and agrees that in connection with the provision of the Services, Healing in Colour may store and maintain Member Content for a period of time consistent with Healing in Colour’s standard business processes for the Service. Following expiration or termination of the Agreement or a Member account, if applicable, Healing in Colour may deactivate the applicable Member account(s) and delete any data therein. Member grants Healing in Colour the right to host, use, process, display and transmit Member Content to provide the Services pursuant to and in accordance with this Agreement and the applicable Order Form. Member has sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Member Content, and for obtaining all rights related to Member Content required by Healing in Colour to perform the Services.
3.2. Aggregated Data. Member agrees that, subject to Healing in Colour’s confidentiality obligations in this Agreement, Healing in Colour may (a) capture data regarding the use of the Services by Member, (b) collect metrics and data included in the Member Content, and (c) aggregate and analyze any metrics and data collected pursuant to subsections (a) and/or (b) of this sentence (collectively, the “Aggregated Data”). Member agrees that Healing in Colour may use, reproduce, distribute and prepare derivative works from the Member Content, solely as incorporated into Aggregated Data, provided that under no circumstances will Healing in Colour use the Aggregated Data in a way that identifies Member or its users as the source of the data.
4. Third Party Services. Except as expressly permitted in this Agreement or as otherwise agreed by Healing in Colour in writing, Member is prohibited from linking to the Services, framing of all or any portion of the Services, and the extraction of data from the Services. Healing in Colour reserves the right to disable any unauthorized links or frames. Healing in Colour will not be responsible and expressly disclaims any liability for any third party services that Member may use or connect to through the Services. If Member activates any APIs or links to enable data sharing through the Services, Member thereby authorizes Healing in Colour to send and receive Member Content with any such activated third party service and represents and warrants to Healing in Colour that Member has all appropriate right and title to grant such authorization.
5. Intellectual Property.
5.1. Proprietary Rights. Healing in Colour’s intellectual property, including without limitation the Services, its trademarks and copyrights and excluding any Member Content contained therein, and any modification thereof, are and will remain the exclusive property of Healing in Colour. No licenses or rights are granted to Member except for the limited rights expressly granted in this Agreement.
5.2. Feedback. Member agrees that advice, feedback, criticism, or comments provided to Healing in Colour related to the Services are given to Healing in Colour and may be used by Healing in Colour freely and without restriction and will not enable Member to claim any interest, ownership or royalty in Healing in Colour’s intellectual property.
6. Payment.
6.1. Payment. Fees are set forth in the registration process (“Fees”). Fees owed by Member to Healing in Colour will be automatically debited from the bank account or other electronic payment method for which Member has provided applicable account information and Member hereby authorizes Healing in Colour to perform all such debits. Healing in Colour will send invoices to the contact(s) provided in the registration process. Member agrees to pay all reasonable costs of collection in the event any amount is not paid when due. Healing in Colour, upon notice to Member, which notice may be in the form of an invoice, will have the right to change Fees effective any time, which right will include, without limitation, the right to charge a Fee for new features or functions of the Services or for features or functions that have previously been offered at no charge. Unless otherwise noted in the Order Form, all Fees are payable in Canadian Dollars, and non-refundable.
6.2. Automatic Payment Terms. Member authorises Healing in Colour to charge the credit card information provided, beginning as of the Effective Date and annually thereafter, for all applicable fees due as defined in the Agreement. Member understands that this authorization will remain in effect until it is cancelled in writing and agrees to notify Healing in Colour in writing of any changes in Member’s account information or termination of this authorization at least 3 days prior to the next billing date for monthly & quarterly members and 7 days prior to the next billing date for annual members. If the payment date falls on a weekend or holiday, Member understands that payments may be executed on the next business day. Member agrees not to dispute these scheduled transactions with its credit card company provided the transactions correspond to the terms indicated in this Agreement.
6.3. Refunds. Healingincolour.com does not offer refunds for our Service. We may offer refunds for our merchandise, subject to our discretion.
7. Term and Termination.
7.1. Term. This Agreement will be effective as of the stated date in the registration process (“Effective Date”) and remain in effect until terminated by either party as permitted by this Agreement.
7.2. Termination. Either party may terminate this Agreement for any reason by providing 7 days’ notice to the other party.
7.3. Survival. Any provisions of this Agreement that expressly, or by implication, are intended to survive its termination or expiration will survive and continue to bind the parties, including, without limitation, provisions relating to confidentiality, representations and warranties, indemnification, limitations on liability, intellectual property, and Member’s payment obligations under this Agreement.
8. Confidential Information – Non-Disclosure. Each party agrees to maintain the confidentiality of the other party’s Confidential Information with reasonable security and measures as required by the Member’s regulating bodies and Privacy Law in Canada. The Member will not to use such Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement. The receiving party may disclose Confidential Information of the disclosing party to those employees, officers, directors, agents, affiliates, consultants, users, and suppliers who need to know such Confidential Information for the purpose of carrying out the activities contemplated by this Agreement and who have agreed to confidentiality provisions that are no less restrictive than the requirements herein. Such party will be responsible for any improper use or disclosure of the disclosing party’s Confidential Information by any such parties. Except as expressly permitted by this Section, the receiving party will not disclose or facilitate the disclosure of Confidential Information of the disclosing party to any third party. The restrictions in this Section shall continue until such time as the information is covered by an exclusion set forth below.
9. Disclaimers. Healing in Colour does not warrant that the services will be performed error-free or uninterrupted, that Healing in Colour will correct all errors or that the services will meet Member’s requirements or expectations. Healing in Colour is not responsible for any issues related to the performance, operations or security of the services that arise from Member content, applications or services provided by third parties. Healing in Colour expressly disclaims any liability for the acts or omissions of a Member in their provision of services to their clients and Member will advise their clients of same.
10. Publicity. Member hereby consents to Healing in Colour identifying Member as a member by name and logo in Healing in Colour’s promotional materials, subject to Member’s right to revoke such consent in writing at any time. Upon such revocation, Healing in Colour will have 30 days to process Member’s request.
11. Assignment. Member may not assign or transfer this Agreement or any of its rights or obligations hereunder in whole or in part without the prior written consent of Healing in Colour. Subject to the foregoing, this Agreement will inure to the benefit of, be binding upon, and be enforceable against, each of the parties hereto and their respective successors and assigns.
12. Notices. Any notice required under this Agreement will be provided to the other party in writing. If Member wishes to provide notice to Healing in Colour, Member will send notice via email to: admin@healingincolour.com. Healing in Colour will send notices to one or more contact(s) on file for Member. Notices from Healing in Colour, other than for a breach of this Agreement may be provided within the Services.
13. Relationship of the Parties. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.
14. No Third Party Beneficiaries. This Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever.
15. Force Majeure. Neither party will be liable under this Agreement for any failure or delay in the performance of its obligations (except for the payment of money) on account of strikes, shortages, riots, insurrections, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond the reasonable control of such party.
16. Governing Law, Jurisdiction and Venue. This Agreement will be governed by and construed in all respects in accordance with the laws of British Columbia. Each party hereby consents to the exclusive venue and jurisdiction of British Columbia.
17. Severability, Waiver and Amendment. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, the remaining provisions will remain in full force and effect. Any provision held to be unenforceable will be amended by Healing in Colour within 30 days of the judgement. No waiver of any term or right in this Agreement will be effective unless made in writing and signed by an authorized representative of the waiving party. Any waiver or failure to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Except to the extent otherwise expressly provided in this Agreement, this Agreement may only be amended in writing signed by both parties hereto.
18. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.