1. General Information
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services through our MindShift resources, including the MindShift® app (collectively “MindShift”). Please read these terms and conditions, carefully. By using MindShift, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using MindShift.
The terms “Anxiety Canada,” “us” or “we” refers to the Anxiety Canada Association. The term “you” and “your” refers to the user of MindShift.
Our contact email address is [email protected]. All correspondence to Anxiety Canada including any queries you may have regarding your use of MindShift or these Terms should be sent to this contact email address.
1.3 Basis of License
1.4 Changes to Terms
Anxiety Canada reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to anxietycanada.com. Your continued use of MindShift constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within MindShift or email.
2. Acceptable Use and Conduct
You are solely responsible for your use and conduct on MindShift. You specifically agree you will not do anything on Mindshift that:
- infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- is intended for spamming, “chain letters,” “pyramid schemes”, advertisement of any type, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off MindShift;
- is misleading, deceptive or fraudulent, illegal or promotes illegal activities, such as engaging in phishing or otherwise obtaining financial or other personal information;
- is libellous or defamatory, or is threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Anxiety Canada;
- interferes with the proper working of Mindshift or prevents others from using Mindshift; or
- involves the use of misleading email or IP addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of content transmitted through Mindshift.
Additionally, while using Mindshift you agree not to:
- use MindShift for any purposes related to scientific research, analysis or evaluation of MindShift without the express written consent of Anxiety Canada;
- “stalk” or otherwise harass anyone;
- collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- impersonate an Anxiety Canada employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity or Anxiety Canada without authorisation;
- request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of Mindshift, including infrastructure or systems used to provide and maintain the Mindshift, or Mindshift user ID and passwords;
- use any profanity or post any content that Anxiety Canada determines constitutes pornography or is adult in nature;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from MindShift;
- post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on MindShift infrastructure or systems; or
- attempt to gain unauthorised access to Anxiety Canada’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, MindShift.
By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use MindShift will cease immediately.
3. Materials Offered Through MindShift
a. All materials (including software and content whether downloaded or not) contained in MindShift are owned by Anxiety Canada (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
b. Audio content from MindShift not explicitly indicated as downloadable may not be downloaded or copied from MindShift or any Device.
c. MindShift is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on MindShift for commercial purposes without obtaining a written license to do so from us. Material from MindShift may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use MindShift and may subject you to legal liability. You agree not to use MindShift for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of MindShift. Appropriate legal action may be taken for any illegal or unauthorized use of MindShift.
d. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in MindShift. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Canada, other countries, as well as applicable provincial laws and may be subject to liability for such unauthorized use. Anxiety Canada will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
MindShift®, the MindShift logo and all other MindShift product or service marks are trademarks of MindShift. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in MindShift 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 MindShift is strictly prohibited. Anxiety Canada will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
You may voluntarily choose to submit comments, information, data, text, messages, ideas, suggestions, responses, documents or other materials, (each, a “Submission”). You agree that you are solely responsible for all of your Submissions. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you represent and warrant that:
- you own all rights in your Submission (including, without limitation, all rights to the reproduction and display of your Submission) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submission as described in these Terms;
- your Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
- any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person;
- your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
- we are not under any obligation of confidentiality, express or implied, with respect to the Submission.
You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and licence to:
- use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and
- use (and permit others to use) your Submission in any manner and for any purpose that we deem appropriate in our sole discretion.
We may, but are not obligated to, pre-screen Submissions or monitor any area of Mindshift through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through Mindshift and may remove at any time or refuse any Submissions for any reason.
We are not responsible for any violations of any third party intellectual property rights in any Submissions that you submit to Mindshift. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Submission uploaded, displayed or otherwise provided by you to Mindshift.
Without limiting the foregoing, we reserve the right to retain copies of all content for archival purposes.
Additionally, you understand and agree that any content you create that is displayed on Mindshift may continue to appear on Mindshift, even after you have terminated your Mindshift account.
4. Availability of MindShift
Although we aim to offer you the best service possible, we make no promise that MindShift will meet your requirements and we cannot guarantee that MindShift will be fault free. If a fault occurs in MindShift, please report it to us at [email protected] and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to MindShift while we address the fault. We will not be liable to you if MindShift is unavailable for a commercially reasonable period of time.
Your access to MindShift may be occasionally restricted to allow for repairs, maintenance or the introduction of new updates. We will restore MindShift as soon as we reasonably can.
5. Product Disclaimer
The information contained in MindShift is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to MindShift or the information contained on MindShift for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
MindShift should not be considered as a replacement or substitute for the standard practices, professional judgment, skill and expertise of a health care professional. Anxiety Canada will not be monitoring or considering information you may enter into MindShift. You agree that Anxiety Canada is not responsible for examining, evaluating or validating the content, accuracy or appropriateness of any information entered into, transferred by, or delivered by MindShift.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDSHIFT CBT COMMUNITY MEMBERS OR ANXIETY CANADA OR THEIR RESPECTIVE SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM MINDSHIFT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. Medical Disclaimer
Anxiety Canada is a provider of online resources about anxiety. We are not a health care or medical device provider, nor should MindShift be considered medical advice. Only your physician or other health care provider can do that.
Any advice or other materials in MindShift are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of MindShift. YOU AGREE THAT IN USING MINDSHIFT, YOU ACCEPT ALL RESPONSIBILITY FOR YOUR USE AND ACKNOWLEDGE THAT ANXIETY CANADA IS NOT LIABLE IN ANY WAY FOR YOUR USE OF MINDSHIFT.
7. End User License
Subject to the terms of this license agreement (“License Agreement”), as set out in this section, and these other Terms, MindShift grants you a limited, non-exclusive, revocable license to make personal non-commercial use of MindShift.
MindShift contains or embodies copyrighted material, proprietary material or other intellectual property of MindShift or its licensors. All right, title and ownership in MindShift remain with Anxiety Canada or its licensors, as applicable. The rights to download and use MindShift are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
- copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble MindShift in any way, or create derivative works of MindShift;
- use MindShift or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
- rent, lease, loan, make available to the public, sell or distribute MindShift in whole or in part;
- tamper with MindShift or circumvent any technology used by Anxiety Canada or its licensors to protect any content accessible through MindShift;
- circumvent any territorial restrictions applied to MindShift; or
- use MindShift in a way that violates this License Agreement or the other Terms.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Anxiety Canada under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
9. Limitation of Liability and Indemnity
Your use and access of MindShift is made “as is”, without any additional warranty, support or representations, including as to the accuracy, completeness or currency of MindShift or its content. Anxiety Canada expressly disclaims all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Anxiety Canada makes no representation or warranty that your use or access of MindShift will be uninterrupted or error-free, or that the functions of MindShift will meet your requirements.
You agree that IN NO EVENT WILL ANXIETY CANADA or its employees, members, directors, agents, suppliers, or other representatives HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH MINDSHIFT OR THESE TERMS FOR ANY LOSSES OR DAMAGES WHATSOEVER, whether based on contract (including fundamental breach or breach of a fundamental term), tort (including negligence) or other legal or equitable basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or data, loss of profit, loss of savings or revenue, loss of goodwill or other economic loss), arising from or in connection with or relating to the use of or access to, or any inconvenience, delay or loss of use of or access to, MindShift, or failure of MindShift, even if Anxiety Canada has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
You will indemnify and hold Anxiety Canada harmless from and against any claims brought by third parties arising out of your use or access of MindShift, your placement or transmission of any message, content, information, or other submissions through MindShift, and any breach of these Terms by you, including any use or access of MindShift other than as expressly authorized in these Terms. You agree that the Anxiety Canada will have no liability in connection with any such breach or unauthorized use, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of Anxiety Canada in connection therewith.
Anxiety Canada reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Anxiety Canada. Anxiety Canada will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. General Terms and Conditions
10.1 Assignment By Us
MindShift may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
10.2 No Waiver
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Anxiety Canada. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
10.3 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of MindShift, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Unless otherwise specifically indicated, all notices given by you to us must be given to Anxiety Canada at [email protected]. We may give notice to you at the e-mail address you provide to us when you register or via push notifications.
10.5 Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
10.7 Governing Law
The courts of British Columbia, Canada will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
These Terms are effective and were last updated on October 13, 2021.
If you have a question or comment, you can contact Anxiety Canada at [email protected]. Anxiety Canada is located at 811-402 West Pender Street Vancouver, B.C. V6B 1T6