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Terms and Conditions

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Introduction

Think Self-Management Inc. (“Think Self-Management”, “us”, “our”, “we”), provides healthcare professionals with tools and resources to empower people living with chronic conditions to cultivate the self-management skills they need to manage their conditions and live healthier lives. We bring this advice to clinicians through training, access to resources,
and the facilitation of workshops for our Packer Managing Fatigue Program (the “Services”).

 

Purpose

This Terms and Conditions of Service (“Terms”, “Terms and Conditions”) governs your relationship with us, our thinkselfmanagement.ca (the “Website”), as well as your use of our Services . These terms provide you with your rights and responsibilities when using and interacting with our Website and our Services.

These Terms apply to all visitors and users of the Website, including Registered Users and Unregistered Users. Registered Users are users of the Website who also sign up for or subscribe to our Services. Unregistered Users are Website visitors who do not register an account on the Website. If you are using or accessing the Website on behalf of another person or legal entity, you represent and warrant that you are an authorized representative of such person or entity.

Please read the Terms carefully.

 

Acceptance of Terms

These Terms constitute a fully binding agreement between Think Self-Management, the proprietor of all rights in and to the Website, and you. It is therefore recommended that you carefully read these Terms.

The following terms and conditions, together with the Privacy Policy, collectively govern your access and use, including any content, functionality, and services offered on or through the Website.

By visiting or using the Website, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to the Website. By accessing or using the Website you agree to be bound by these Terms and our Privacy Policy, and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Website or access and use the Services. 

 

Modification of Terms

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

 

Who can use our services

You must register an account (“Think Self-Management Account”) to access and use our Services. If you are registering a Think Self-Management Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity, and to ensure that everyone in your organization using our Services is aware of and agrees to be bound by these Terms.

To register for our Packer Managing Fatigue Services, you must be a qualified Occupational Therapist under the relevant laws of the jurisdiction in which you practice, as we do not offer our Services to the general public. Furthermore, some jurisdictions require you to carry insurance appropriate to your professional obligations. To verify that you are an insured and registered Occupational Therapist you must provide accurate, current, and complete information during the registration process. Think Self-Management may, from time to time, require you to prove this status by submitting the relevant documentation, such a license number. You must always keep your Think Self-Management Account and its profile page information up to date.

Also, all Packer Managing Fatigue Registered Users are required to complete the mandatory self-paced training program prior to being granted access to the modules, workbooks, videos and other resources available to you to assist your patients.

You may not register more than one (1) Think Self-Management Account unless Think Self-Management authorizes you to do so. You may not assign or otherwise transfer your Think Self-Management Account to another party.

You are responsible for maintaining the confidentiality and security of your Think Self-Management Account credentials and may not disclose your credentials to any third party. You must immediately notify Think Self-Management if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Think Self-Management Account. You are liable for any and all activities conducted through your Think Self-Management Account. We are not liable for any loss or damages arising from your failure to safeguard your Think Self-Management Account credentials.

As an Unregistered User, you may only use the Website for the permitted purposes list below:

  • browse general information on the Website;

  • use our contact form to contact Think Self-Management; and

  • Subscribe to our newsletter when and if it is available.

 

Representation

OUR ADVISORS ARE NOT ACTING IN THE CAPACITY AS HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS WEBSITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Think Self-Management provides the services for informational purposes only. Based on information that you request and/or provide to us, we provide you: (i) access to general health education and information; (ii) tools and resources to manage chronic conditions; and (iii) references to other resources. While we believe that the information provided through our Services and the Website is current and reliable, Think Self-Management cannot and does not make any such guarantee or warranty.

Think Self-Management shall not be liable for your reliance on any information obtained through the use of our Services or this Website, and we disclaim all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Think Self-Management’s gross negligence or wilful misconduct.

 

Purchasing Services  

This Website may offer goods and/or services.

If you wish to purchase a Service made available through the Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your last name, your email address, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  Any such collection and use of your personally identifiable information is governed by our Privacy Policy.  Please ensure you read our Privacy Policy on this Website before sharing any personally identifiable information with us. 

In addition to being able to access materials digitally from our Website, we do provide physical delivery of written resource material when requested.  Your use of this Service and the physical materials are subject to these same Terms and Conditions.  Please check our Website for further information of shipping and delivery options.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.  

 

Refund Policy

All payments rendered for our services are non-refundable.

 

Duration of License

The purchase of a license will grant Registered Users access to our Services for one calendar year from the date of purchase. If the license is not renewed, the password will expire. This means you will no longer be able to access our Website, any updated resources, workshops, or training material. 

 

Rights Granted with License

With the purchase of a license, Registered Users may:

  • download any manuals and client/patient training materials and from our Website;

  • access training materials from our training website;

  • store training materials and manuals on a personal device;

  • print training material as required for client/patient use only; and

  • show our training videos to clients during treatment.

 

Prohibitions

You are prohibited to:

  • use the Website for unlawful purposes;

  • remove any proprietary notices, including copyright and trademark notices, or any other content, from the Website or downloaded materials;

  • modify, prepare derivative works, license, distribute, lease, sell or resell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Website and its contents (including, but not limited to, all training materials, workbooks, videos, manuals), unless we grant you a written permission;

  • reproduce material outside the terms of your license;

  • share our material with other Occupational Therapists;

  • reverse engineer, recompile or disassemble the Website;

  • link to, mirror or frame any portion of the Website unless we grant you a written permission; and

  • unduly impair any aspect or functionality of the Website or its related systems or networks, including data mining and attempt to gain unauthorized access.

 

Right to Refuse Service

We reserve the sole and absolute right to modify, cancel, suspend, delete, and terminate your Think Self-Management Account, restrict or suspend your access to Think Self-Management Account, or reject your Think Self-Management Account registration for any or no reason, including but not limited to:

  • violations of these Terms and Conditions;

  • violation of any law, regulation, or professional code of conduct; and

  • our provision of the services to you is no longer commercially viable.

We will provide you with 30 days’ written notice before cancelling your Think Self-Management Account and any rights and obligations hereunder, at our sole discretion.

 

Intellectual Property Ownership 

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Think Self-Management, except for the rights expressly granted in these Terms and Conditions.

Think Self-Management hereby grants you a revocable, non-exclusive, and non-transferable license solely to browse and use the Website and our Services in accordance with these Terms and Conditions.

You agree that the Website and its entire contents, features, and functionalities, including but not limited to designs, graphics, pictures, illustrations, software, artwork, video, sound, audio, texts, names, words, titles, phrases, logos and marks (collectively “Contents”) displayed on the Site are owned by Think Self-Management, our licensors, or other providers of such material and protected by copyright, trademark and any other applicable laws. All trademarks, service marks, logos, trade names, and any other source identifiers of Think Self-Management used on or in connection with the Think Self-Management Services and Think Self-Management Website are trademarks or registered trademarks of Think Self-Management.

 

Warranty

Except as expressly set forth herein, to the extent permitted by applicable law, Think Self-Management hereby expressly disclaims all warranties and conditions, express, implied or statutory, arising from or otherwise relating to the use of the Website, including but not limited to any implied warranties or conditions of merchantability, title, satisfactory quality or results, or fitness for a particular purpose and non-infringement.

Think Self-Management does not guarantee that the Website or the Services will meet your requirements or those of your patients, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

 

Assumption of Risk

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ELSEWHERE. IN THE EVENT THAT MEDICAL ADVICE PROVIDED TO YOU IS DIFFERENT THAN ON THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THINK SELF-MANAGEMENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THINK SELF-MANAGEMENT IS PROVIDING INFORMATIONAL SERVICES ONLY.

 

Limitation of Liability

We shall not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Website or Services, or in reliance on the information available on the Website or the use of the Services, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. Access to and use of the Website and the Services are at your own discretion and risk. 

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms, will at all times be limited to a maximum of fifty Canadian dollars (CAD $50). The existence of more than one claim will not enlarge this limit. 

 

Governing Law 

You expressly agree that any disputes, claims, complaints or actions you may choose to advance arising from your use of the Website or the use of the Services will be decided by the Courts established under and applying the laws of Nova Scotia excluding the law relating to choice of law and forum conveniens. You further expressly agree that you have attorned to the jurisdiction of the Courts of Nova Scotia for the purpose of resolving any such dispute, claim, complaint, or action.  The Website is intended for use only in jurisdictions where it may lawfully be offered for use. 

 

Entire Terms 

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Ending Relationship

We may terminate these Terms at any time at our discretion by providing notice to Your email address on Your Think Self-Management Account information profile.

For Registered Users, You may delete your Think Self-Management Account by emailing your intention to Our support email: info@thinkselfmanagement.ca. Subject to these Terms, our Privacy Policy, and any legal requirement, we may keep your information for tax, privacy, and securities reasons, fraud prevention, and other lawful purposes for the duration as we determine to be necessary to fulfill our legal obligations and business purposes.

 

Version 1.1 - Effective as of 3 January, 2023

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