Terms & Conditions
Update: Feb 21, 2024
OVERVIEW
This website is operated by Cognito Health Inc. (“Cognito”). Throughout the site, the terms “we”, “us” and “our” refer to Cognito Health Inc..
Cognito Health Inc. 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.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM. IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, DIAL 988 OR GO TO YOUR NEAREST EMERGENCY ROOM. COGNITO’S SERVICES ARE NOT APPROPRIATE FOR EMERGENCY MEDICAL CONCERNS.
By visiting our site and/ or purchasing something from us, you engage in our Terms & Conditions and 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.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - DESCRIPTION OF SERVICES
The Site provides a platform for users to learn about mental health, understand treatment options, and purchase a subscription to connect with a Cognito Provider for treatment, if desired (the “Services”). The Services may include such features as:
-Completing self-administered electronic screening assessments for anxiety, depression, insomnia, and/or ADHD related symptoms. These assessments are based on medically validated studies, and while only a qualified Cognito Provider can make a formal diagnosis, these assessments may help you determine whether Cognito’s Services could be of benefit to you.
-Connecting with a Cognito Provider for treatment.
-Receiving mental health services, including 1:1 CBT skills based learning, group CBT, medical visits with a Nurse Practitioner, and/or pharmacy consultations, some of which are on a recurring basis.
-Monitoring your care and progress through other tools and resources.
SECTION 2 - NATURE OF SERVICES
The specific features of the Services offered by Cognito may change from time to time.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 3 - HEALTHCARE TREATMENT
Services offered by Cognito Providers, including mental health diagnoses, medical advice, and therapy and psychiatry (including the prescription of medication) for treating behavioral health issues are only available in BC and Ontario.
To receive such Services, you must: (1) be at least 17 years of age; and (2) agree to the terms outlined in the Client Agreement (this agreement is presented post purchase).
You understand that Cognito provides a platform and mechanism for you to connect with Cognito Providers, and that the Services you receive from your Cognito Provider will ultimately be made at the professional discretion of the Provider. If you believe that your Cognito Provider in any way fails to meet professional standards, you may file a complaint against the Cognito Provider to Cognito’s administrative clinical team. Details of your complaint should be communicated to us via email: complaints@getcognito.ca. You cannot be discriminated against for submitting a complaint in good faith about the treatment you’ve been provided.
SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content that you explicitly submit (including credit card information), may be transferred to the following 3rd party tools:
- Mailchimp (email sender)
- Webflow (website host service)
- Involve.me (form collection tool)
- Zendesk (support manager tool)
- Zapier (automation tool)
- Stripe (payment processing tool)
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 - USE OF SERVICE
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.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 6 - SUBSCRIPTION
If you purchase a Subscription (“Subscription”), you will be charged the monthly Subscription fee, plus any applicable taxes and charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then current Subscription Fee. If you purchase a Subscription, we (using Stripe) will automatically charge you each month on the day on which you created your Subscription (the “Billing Cycle”), using the Payment Information which you provided, until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription will incur recurring monthly charges. Additionally, you accept responsibility for these recurring payment obligations prior to cancellation of your Subscription, whether cancellation be initiated by you or Cognito. Your Subscription continues until canceled by you or until we terminate your access to or use of the Services or Subscription in accordance with these Terms.
We reserve the right to cancel your Subscription for any reason. If we cancel your Subscription before any Services have been rendered, we’ll refund any payment you have already remitted for that Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellations will be effective at the end of the then current Subscription period. To cancel Services, you can send an email to hello@getcognito.ca or use the cancellation process in your account settings. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period, and will subsequently terminate at the end of that Billing Cycle without further charges.
SECTION 7 - AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. Additionally, the terms of this Agreement shall be binding upon any of your heirs, successors, assigns and legal representatives. If you don’t agree to be bound by these Terms, do not use the Services.
SECTION 8 - 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 9 - SERVICES
Services may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Services 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 Services that we offer.
We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any purchase you place with us. These restrictions may include purchases 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 a purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the purchase was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Cognito. 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 11 - 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 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may anonymously, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to pay compensation for any comments; or (2) to respond to any comments.
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 13 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, click this link: https://www.getcognito.ca/privacy-policy
SECTION 14 - 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 purchases 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 purchase).
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 15 - 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 territory 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 16 - 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 service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 Cognito Health Inc., 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces & territories or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces & territories or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cognito Health Inc. 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 18 - 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 19 - 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 20 - 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 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 31 Bastion Square, 4th Floor, Victoria, BC V8W 1T9.
SECTION 22 - 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 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@getcognito.ca.
