Terms of Service for Online Program & Counselling
For the purpose of this statement Food Flow Thought will be known as “THE OWNER”.
TERMS OF SERVICE FOR ONLINE PROGRAM & COUNSELLING
Please read carefully. The Terms of service has important information on rights, obligations, limitations, exclusion and limitations of liability that may apply to the Client.
“Provider” is referred to as Rachel, Registered Dietitian (RD); LICENSE NUMBER 2188
“Online session(s)” is referred to as the appointment with Provider
“Client” is referred to as the person receiving online session(s)
“Terms” is the Terms of Service for Online session(s)
Access to Online session(s) with Provider, is based on the Client’s acceptance of, and compliance with, these Terms. By accessing Online session(s) you agree to be bound by these Terms and accept all legal consequences
Food Flow Thought offers a variety of Online session(s) including online video counselling, online self learning modules and instant messaging for those who are experiencing issues related to but not limited to nutrition, movement, body image, stress, and adjustment-related issues. The Client must be a minimum of 18 years of age.
As members in good standing with each of their respective colleges. Rachel Tu, Registered Dietitian abide by their codes of ethics and are accountable to each of their governing bodies for ethical and professional standards. You may ask to see these codes at any time. Should you feel that an ethical violation has occurred through which you have experienced some measure of harm, you have a right to register a complaint with the Ethics Committee of the Alberta College of Dietitians
Confidentiality & Informed Consent
Online session(s) are considered private and confidential. Personal health information will not be shared without your informed, written consent except where required by law. It is the Client’s responsibility to use private and secure places for Online session(s). It is not recommended that Client use Wi-Fi hotspots in public as they may not be secure.
The Provider may breach confidentiality under certain situations. See below for reasons of breaching confidentiality:
· If required by law to do so, such as if there is a court order requesting information
At times it may be suggested that I make contact with other professionals or family members in order to obtain information that will be helpful in your treatment. A signed ‘Consent for Release & Exchange of Information’ form is required and you have the right to refuse your signature. Should information be requested by anyone outside of my office, you will be notified.
If it is not an emergency situation, then signed consent is required and the person/agency requesting the information will not receive it, or be informed you are attending sessions, until the proper signature is received from you. If it is an emergency situation you will be informed via telephone, email or in person, as soon as possible. An emergency situation would be an urgent police, medical or child protection situation. Should there be proceedings before the courts and your records are subpoenaed you will be notified as soon as possible.
· If the Client is at risk of harming themselves (e.g. suicide) or others (e.g. homicide, assault, driving when impaired)
· If a child (anyone under the age of 18 years old if you are from Alberta) or vulnerable adult (e.g. persons with disability, dependent adult or senior) is at risk or is suspected of being harmed. The Provider has a legal duty to report this to the proper authorities
- When domestic violence is reported and there is a child or children in the home
- When a client discloses that he/she was abused in childhood and there is a possibility that the abuser may be a danger to other children now. In these situations I am legally bound to report to Family & Children’s Services
· If there is a risk to public safety
· If the Provider is required to defend against a complaint filed with the College of Alberta Dietitians.
The Client has the right at any time to withhold or revoke consent without judgment.
The client gives written permission (a signed release form) to have information from the counselling sessions communicated to another person.
Everything that is said via email or in the context of the conversations between service provider and client is kept confidential. There may be times consultations may be made with another therapist or health professional. This is similar to a physician getting a “second opinion” and can be very helpful in therapeutic treatment. If consultation does occur, identifying information such as your surname will not be disclosed.
As a client you have the right:
- To ask questions at any point in time regarding therapeutic or program procedures.
- To terminate the program at any time; you may ask me for a list of possible referral sources. (Please see our program refund policy)
- To be informed of any information, decisions and actions that will affect you.
- To ask about alternative procedures available for meeting your goals.
- To review all documentation in your client file.
Crisis and Emergencies
Online session(s) are not be used for crisis or emergencies. If the Client is experiencing a crisis or emergency such as a medical or mental health problem please contact 911 or head to your local emergency room. These services may also be of benefit:
· Crisis Centres throughout Canada: https://suicideprevention.ca/need-help/
· Local Crisis Numbers in Alberta: https://suicideprevention.ca/alberta-crisis-centres/
Expectations & Alternatives
It is expected that the Client shall not use any mind-altering substances (e.g. Alcohol, Marijuana, Cocaine, etc) on the day of their Online session. The Provider may cancel the Online session if the Provider suspects the Client has used a mind-altering substance.
The Provider may also cancel the Online session(s) if the Provider determines in the Provider’s opinion that the Client’s behaviour and/or conduct for the Online session(s) is inappropriate.
The Provider may also offer alternative recommendations for counselling if either the Provider or Client believed the Online session(s) would not be beneficial to the Client.
The Provider and Client will create a treatment plan together and determine the number of sessions
The Client must provide accurate contact information. It is the Client’s responsibility to let the provider know if there is any reason why a message cannot be left when attempting to contact the Client.
You are welcome to review your file at any time. No records will be shared with any other parties without your signed permission on a ‘Consent for Release & Exchange of Information’ form. It is your choice whether information is released and you are not required to sign any consent if you are not comfortable with it.
Security and Electronic Communications
Food Flow Thought will use reasonable means to protect the security and confidentiality of electronic information sent and received. However, the Provider cannot guarantee the security and confidentiality of electronic communications and will not be liable for improper disclosure of confidential information. When the Client electronically accepts the Terms, consent to the use of electronic communication is included and the Client agrees to the following conditions:
· Using electronic communication can increase the risk of confidentiality information being disclosed to third parties.
· It is not possible to completely secure information even when reasonable efforts and safeguards are in place.
· Malware can be introduced when using electronic communication and can potentially damage computers, networks, and security settings.
· Confidential information could be potentially forwarded, intercepted, circulated, stored and/or changed without the knowledge or permission of Food Flow Thought or the Client
· Deleted copies of electronic communication may continue to exist as back-up copies on computer systems
· Electronic communications can be disclosed when court ordered to be released or if there is a legal duty to report.
· Encrypted software is used; however, Video counselling may be open to interception due to lack of user end security and use of Wi-Fi.
· With email counselling there are additional risks:
· Email can more easily be misdirected, resulting in increased risk of being received by the unintended person.
· It is impossible to completely ensure the recipient can read the message once it’s been sent
· The Provider will not knowingly forward electronic communications to third parties, including family members, without client’s written consent, except when required to release information by the law
· Some electronic communications may not be for therapeutic use. Some electronic communication may be educational, information or for entertainment purposes
· The Client will inform the Provider in writing of any types of information the client does not want sent via electronically.
· The Provider is not responsible for information loss due to technical problems associated with the Client’s electronic devices, software or internet service provider.
· All responsibility or liability for any damages caused by viruses contained within the electronic communication is disclaimed
Prior to starting online sessions, the client is asked to complete an online intake form.
You agree to indemnify, defend and hold harmless Food Flow Thought from any claim or demand, including reasonable attorneys’ fee, made by any third-party due to or arising out of the Client’s breach of these Terms.
Client Acknowledgment and Agreement
By agreeing to these Terms of Service, the Client acknowledges that he or she has read and fully understands the Terms of service and acknowledges to be bound by the provisions herein.
TERMS OF SERVICE FOR WEBSITE
For the purpose of this statement Food Flow Thought is known as “THE OWNER” and Self-Help Resources are known as “PRODUCTS”
We may change these Terms at any time. With using the Site after a change, you agree to follow and be bound by the Terms as changed.
This website is operated by Food Flow Thought Throughout the site, the terms “we”, “us” and “our” refer to Food Flow Thought. Food Flow Thought offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Products are not intended to be a substitute for treatment and is strictly for educational and entertainment purposes. Products cannot replace professional nutrition, psychological, or medical advice or to diagnosis and/or provide treatment.
Any reliance on information provided by Food Flow Thought or by a person, professional, book, article or video appearing on this site is solely at your own risk.
Always seek appropriate consultation from your physician or other qualified health provider with any questions regarding your medical or mental health condition.
By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse products to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS
Certain products may be available online through the website. These products may include products by Food Flow Thought or product’s recommended by Food Flow Thought. These products may have limited quantities and are subject to return or exchange only according to our Return Policy or the Return Policy of the third-party site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.
If you choose to purchase any of the products, you are doing so at your own risk. The Owner is not responsible for the outcomes that may result by engaging in the products. The products are intended to be informational, educational and for entertainment purposes. It is not intended to replace nutrition or psychological therapy. By purchasing products, you are not consenting to counselling or services at Food Flow Thought.
The products produced by Food Flow Thought are based on Rachel’s experiences as a counsellor and registered dietitian and yoga teacher as well as research findings within the field of nutrition, psychology and yoga. Food Flow Thought products have not been evaluated for validity and reliability.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the product will be accurate or reliable.
You agree that from time to time we may remove the product for indefinite periods of time or cancel the product at any time, without notice to you.
You expressly agree that your use of, or inability to use, the product is at your sole risk. The products delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Food Flow Thought, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the website, or for any other claim related in any way to your use of the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product or any content posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would like to hear from you. You may contact us at firstname.lastname@example.org. However, your sole and exclusive legal remedy is to stop using the Site.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Food Flow Thought and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms shall be construed according to Canadian Law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the provincial courts of Alberta, Canada. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
Your satisfaction is very important to us. Please contact us for the latest information on your order and our refund policy. If refunds are available for you purchase please prepare your receipt or equivalent proof of purchase.
If you have been wrongly billed or are unclear of the invoice please contact immediately.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, such as subscribing to our free downloads, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org.
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – Third Party Payment
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
SECTION 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
_ _ _
Materials published on this web site are not authorized for personal commercial or non-commerical use. At no time can these materials be distributed, changed, modified, reposted or used for personal or commercial purposes.
To request publication or copy permissions of any part of this website contact us in writing at info at email@example.com
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at www.foodflowthought.com or by email at firstname.lastname@example.org.
[Re: Privacy Compliance Officer]
[C/O Rachel Tu]
Last Updated on 2020-04-05