These terms, conditions and agreements (including those incorporated herein by reference, these “Terms of Service”) outline the rules and regulations for the use of websites owned and operated by Numinus Wellness Inc., including any and all pages whether available publicly or requiring a password to access them (collectively, the “Website”).
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “you” and “your” refers to you, the person viewing and/or logging on this Website. “Numinus”, “ourselves”, “we”, “our” and “us”, refers to Numinus Wellness Inc. on its own behalf and, where applicable, on behalf of its affiliates and professional corporation or similar entities managed by it. “Party”, “parties”, or “us”, refers to both you and Numinus. “Services” refers to all services offered by Numinus through the Website from time to time, whether paid or unpaid. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
No Medical Advice
This Website and the Content are for informational and educational purposes only. This Website, the Content (including any User Content) is not a substitute for medical, therapeutic, psychological, psychiatric or other professional diagnosis, treatment or oversight typically conducted by trained professionals or other mental health interventions or licensed coaching (“Professional Advice”). Furthermore, communicating with Numinus through this Website or email do not constitute a medical consultation and neither any such communications nor use of this Website and the Content will create a healthcare provider/patient relationship between you and Numinus or otherwise. Please see Disclaimer & Limitation of Liability. [NTD: link to section]
The Website and the Content are not intended for use in emergencies and should not be used for medical or mental health emergencies. If you have an emergency in a territory covered by public services, you must contact the emergency services in your area (911 in North America, 999 in UK and 112 in most of continental Europe) or go to the nearest hospital or health center.
For reference only, we also provide the US suicide hotline number (1-800-784-2433) or the Canadian suicide hotline number (1-833-456-4566). NUMINUS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER MISINFORMATION, INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY LEARN ABOUT THROUGH THE APP.
Numinus does not actively or continuously review, monitor or oversee any User Content or messages sent through this Website.
General Information is Not Medical Advice
The general information provided on the Website is for informational purposes only and is not professional medical or mental health advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefor. Always seek the advice of your physician or other qualified mental health provider in your jurisdiction concerning any questions you may have regarding any information obtained from the Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment or making changes to your health or mental health routine. Information obtained on the Website is not exhaustive and does not cover all illnesses, physical conditions, or their treatment options.
No Physician-Patient Relationship
The presentation of general information on the Website does not establish a physician-patient or therapeutic relationship between you and Numinus (or any of its affiliates, clinics managed by its affiliates, members of its referral network or health care professionals working in such clinics) and is not intended as a solicitation of individuals to become patients or clients of any of them. This section does not apply to the extent that you are an existing patient use the booking tool on the Website to book an appointment with your healthcare professional, solely to that extent.
If you are not an existing patient and you wish to contact Numinus or its practitioners regarding medical questions or issues or with regard to appointments, accounts, or other questions, please do so by using the booking tool, telephone or mail in the manner set out on the Website. However, booking an initial call will not establish a physician-patient or therapeutic relationship.
Numinus, the Numinus logo and all other Numinus product or service marks are trademarks of Numinus Wellness Inc. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the App are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the App is strictly prohibited. Numinus will enforce its trademark rights to the fullest extent of the law.
Use of Website
You may access the Website and its Contents for your own personal noncommercial use in Canada or the United States use, subject to these Terms. You acknowledge and agree that the Website, and its contents, are intended only for residents of Canada and the United States. You may set your location using the location button in the upper right-hand corner of the Website. [NTD: confirm where the toggle is located on the new website]
Copyright & Limited Use License
You agree NOT TO:
Interacting With Numinus on Social Media
Numinus interacts with the public on various social media platforms. Please do not use our social media platforms for requests for medical or any other matter requiring a reply. In order to ensure that your requests are directed to the appropriate clinic or group, please refer to the “Book Now” or Contact Us sections of the Website.
Social media account(s) are public and are not hosted on Numinus servers. Users who choose to interact with Numinus via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications used to access them. Numinus uses Twitter, Instragram, LinkedIn and Facebook. [NTD: Andrea please confirm]
Personal information that you provide to Numinus via social media account(s) is collected to capture conversations (e.g., questions and answers, comments, “likes”, retweets etc.) between you and Numinus. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes.
By following our social media accounts (by “following,” “liking” or “subscribing”), you can expect to see information about and related to the business of Numinus. Because the servers of social media platforms are managed by a third party, our social media accounts are subject to downtime that may be out of our control. As such, we accept no responsibility for platforms becoming unresponsive or unavailable.
Our decision to “follow”, “favourite” or “subscribe” to another social media account does not imply an endorsement of that account, channel, page or site, and neither does sharing (re-tweeting, reposting or linking to) content from another user.
Our social media accounts and parts of this Website offer an opportunity for users to post and exchange opinions and information (“User Content”). Numinus does not filter, edit, publish or review User Content prior to its posting. User Content do not reflect the views and opinions of Numinus, its agents and/or affiliates. User Content reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Numinus shall not be liable for the User Content or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the User Content on this Website or our social media accounts and/or by sharing or reposting on social media. Numinus reserves the right to monitor all User Content and to remove any User Content which can be considered inappropriate, offensive or causes breach of these Terms of Service.
You warrant and represent that:
By posting or uploading Comments, you hereby grant Numinus a non-exclusive license, royalty-free, perpetual, irrevocable, unrestricted, worldwide license to (i) use, reproduce, edit, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Comments for any purpose in any and all forms, formats or media; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights in your Comments in favour of Numinus; (ii) consent to your name appearing as the contributor of your Comments, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Comments; (iii) acknowledge and agree that Numinus is not responsible for any loss, damage, or corruption that may occur to your Comments; and (iv) acknowledge and agree that your Comments will be non-confidential.
This Section does not apply to inquiries regarding treatment through the Website.
Hyperlinking to this Website or the Content
The following organizations may link to this Website without prior written approval: government agencies; search engines; news organizations; and online directory distributors may link to this Website in the same manner as they hyperlink to the Websites of other listed businesses.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations:
Numinus may approve, in its sole discretion, link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Numinus; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to this Website, you must inform us by sending an e-mail to Numinus. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to this Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to this Website as follows:
No use of Numinus’ logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of this Website.
Content Liability for Linked Websites and User Content
We shall not be hold responsible for any User Content or for any content that appears on a website that is linked to this Website. You agree to protect and defend us against all claims that is rising on your User Content or website. No User Contents or link(s) to content should appear on this Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. See Disclaimer & Limitation of Liability. [NTD: link to heading]
Removal of links or User Content from this Website
Numinus reserves the right to remove any link or User Content of the Website for any reason in our sole discretion.
If you find any link on this Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
Reservation of Rights Regarding Linked Websites
We reserve the right to request that you remove all links or any particular link to this Website. You approve to immediately remove all links to this Website upon request. We also reserve the right to amen these Terms of Service and it’s linking policy at any time. By continuously linking to this Website, you agree to be bound to and follow these linking Terms of Service.
Disclaimer & Limitation of Liability
YOUR USE OF THIS WEBSITE AND THE CONTENT, IS AT YOUR OWN RISK. THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS WEBSITE, THE CONTENT AND THE USE THEREOF.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NUMINUS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO: (I) MERCHANTABLE QUALITY OR FITNESS FOR PURPOSE, (II) CYBERSECURITY; (III) NON-INFRINGEMENT; (IV) THAT THIS WEBSITE OR THE CONTENT IS ACCURATE, RELIABLE, UP-TO-DATE, OR COMPLETE; (V) THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR NETWORK, HARDWARE OR SOFTWARE; OR (VI) THAT THIS WEBSITE WILL REMAIN AVAILABLE.
AS LONG AS THE WEBSITE, THE CONTENT OR THE SERVICES IN QUESTION MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED FREE OF CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER.
IN NO EVENT WILL NUMINUS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR MONETARY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, DAMAGE TO GOODWILL IN CONNECTION WITH, ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBISTE OR THE CONTENT OR THE CONTENT OF ANY LINKED WEBSITE.
The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraphs; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. Nothing in this disclaimer will:
You agree to indemnify, defend, and hold harmless the Numinus, its affiliates and companies managed by them 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 (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time; or (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
These Terms of Service, including any agreements incorporated by reference herein or therein, form the entire agreement between the parties with respect to the subject matter hereof. Headings and captions of the sections are for reference only. Numinus holds the benefit of these Terms of Service in trust for its affiliates, subsidiaries and any professional corporations or similar entities managed by Numinus and enforce these Terms of Service on their behalf. Professional Services and paid educational Services offered by Numinus and/or its software applications may be subject to Additional Terms. Please refer to your agreement related to such professional or paid educational Services or the software terms and conditions.
The parties hereby agree that these Terms of Service and any legal relationship between them as well as the resolution of any and all disputes arising therefrom or relating thereto shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein (“Jurisdiction”) and that any complaint, demand, claim or cause of action whatsoever shall be subject to the exclusive and preferential jurisdiction of the courts of the Jurisdiction. This clause may not apply in all jurisdictions (which may include Quebec).
Numinus’ failure to insist on or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Service are determined to be void, invalid or for any reason unenforceable by a court of competent jurisdiction, the remaining provisions contained herein shall continue to apply and these Terms of Service shall be construed to enforce the remaining provisions to the fullest extent possible, and the remainder of these Terms of Service shall continue in full force and effect.
This Terms of Service does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Numinus and you. You may not transfer your rights under these Terms of Service. These Terms of Service will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees. Numinus may assign any rights under these Terms of Service to an affiliate, subsidiary or any third party without your consent.
It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigé en anglais. [NTD: keep until we have a translated website]