This MINDSMATTER website (“Website”), its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Mental Health Commission of Canada, unless otherwise indicated.
The Website involves reports and recommendations about your organization’s (“you” or “your”) mental health resources. Please read the following carefully as this Website may not be used or accessed other than in accordance with these Terms and Conditions. If you do not agree with the following Terms and Conditions, then you may not access or use this Website. Your use of this Website constitutes your acceptance of these Terms and Conditions in their entirety. In addition, you warrant that you are authorized to provide information to and use the MINDSMATTER tool on the Website on behalf of your organization and your use of this Website constitutes the acceptance of your organization to these Terms and Conditions.
ACCESS TO THE SITE AND SERVICES
Subject to your compliance with these Terms and Conditions, Mental Health Commission of Canada grants you a non-exclusive, personal, non-transferrable, limited license solely to use the Website for your own internal, non-commercial purposes. You agree not to, or allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this site or any of its content.
USER WARRANTIES
You understand that you are solely responsible for all content and information that you provide including any business contact information. You understand that Mental Health Commission of Canada may use your business contact information to email you your MINDSMATTER assessment report and contact you periodically with updates and learnings from the MINDSMATTER program. You warrant and guarantee that you have and will continue to have the rights and authority required to use and authorize Mental Health Commission of Canada to use this content and information and that such usage (a) will not under any circumstance infringe on the intellectual property rights of a third party or any law or regulation, and (b) will not affect usage for other clients using the Website.
NO REPRESENTATIONS OR WARRANTIES
The Mental Health Commission of Canada has made efforts respecting the service, security, confidentiality and correctness of the information provided on the Website. However, the Mental Health Commission of Canada cannot, and does not provide any representation, warranty or guarantee whatsoever with respect to the information including its completeness, reliability or accuracy. Mental Health Commission of Canada also makes no warranty that the Website will be available uninterrupted in a timely, secure or error-free manner. Mental Health Commission of Canada offers no warranty whatsoever with regards to any information, content, recommendation or advice made available or supplied to you via the Website.
PRIVACY
For more information about Mental Health Commission of Canada's privacy practices, see The Mental Health Commission of Canada’s Privacy Policy.
LIABILITY LIMITATIONS
In no event shall Mental Health Commission of Canada and/or its parent, affiliates, subsidiaries, related entities, or its service providers or their respective officers, directors, employees, consultants, representatives and agents (collectively referred to herein as "Mental Health Commission of Canada Parties") be responsible or liable for any damages whatsoever arising out of or in connection with your use of the Website. The Website is available on "as is" basis without warranty of any kind, whether express, implied or collateral, or whether arising by course of dealing or custom or usage of trade, including without limitation, all warranties and conditions of fitness for a particular purpose, merchantability, or that the Website and information contained therein is up to date, accurate, virus free or error free or that errors can or will be corrected. Any responsibility or liability for damages caused to computer systems, software or electronic files by any intrusive forces, such as viruses and the like are hereby disclaimed.
INDEMNIFICATION
You understand and agree that you are personally responsible for your use of this Website and you agree to use this Website for only lawful purposes. You further agree to indemnify, defend and save harmless the Mental Health Commission of Canada Parties from and against any claims, losses, expense, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use, misuse, or inability to use this Website or any violation by you of these Terms and Conditions, including in the event the party you are acting on behalf of claims you did not have such authority or the information you submitted was inaccurate.
E-mail communications that are not encrypted can be intercepted and accordingly Mental Health Commission of Canada cannot be responsible for any losses, damage or breaches of confidentiality that may arise in connection with email communications.
HYPERLINKS/LINKS
Links provided on this Website are provided for convenience only and the contents of other linked websites are not investigated, verified, monitored, endorsed or guaranteed for correctness or the absence of viruses or similar forces of a disruptive nature. Any damages to computer systems, software or electronic files are disclaimed by Mental Health Commission of Canada. Links with this Website may only be established with the prior written consent of Mental Health Commission of Canada.
REFERRALS TO THIRD PARTIES, LINKS AND ARTICLES
Mental Health Commission of Canada takes no responsibility in reviewing the content, quality or reliability of any other Website. Any information and referrals provided through this Website are considered referrals to resources only. Mental Health Commission of Canada does not necessarily endorse or recommend the services, providers or products presented within the resources.
MENTAL HEALTH RESOURCE ASSESSMENTS
The contents of this assessment tool and the suggestions generated are meant to be a starting point on addressing issues of mental health and changes that will benefit a better working environment. The contents of this Website, including any reports generated through its use, are for information purposes only and should not be used as the only course of action for assessing the governance, design, and administrative risks to your organization’s mental health strategy. It is not intended to be a substitute for professional or legal advice. You are advised to seek the advice of a qualified expert such as a lawyer, when making decisions which will have an impact on your organizations mental health strategy. Reliance on any information provided by Mental Health Commission of Canada on the Website is solely at your own risk.
CHANGES TO WEBSITE
This Website will be changed periodically without any notice and these changes may include changes to these Terms and Conditions. Therefore you should review these Terms and Conditions with each new use of this Website because the continued use of this Website after any changes means that you consent to these changes and agree to be bound by them.
COPYRIGHT/RESTRICTIONS ON USE
The contents and format of this Website are protected by copyright and may not be copied or reproduced except in accordance with Canadian copyright laws and the copyright laws of other countries and jurisdictions. No one has the permission to copy, redistribute, reproduce, disclose to any third party or publish in any form the information found on this Website. Mental Health Commission of Canada grants to you limited permission to display on your computer, print and download the information found in the pages of this Website for non-commercial, business purposes only, provided that you do not modify any such content.
TRADEMARKS
You are prohibited from using any of the marks or logos appearing throughout this portal without the prior written permission from the trademark owner, except as permitted by applicable law.
GOVERNING LAW
This Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Mental Health Commission of Canada.