Terms and Conditions
DATE OF LAST REVISION: JANUARY 5, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions apply to your use of the Canadian Mental Health Association Websites, which include www.cmha.ca and www.notmyselftoday.ca and any other website you have accessed and to which these General Terms apply (“Websites”). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using the Website(s). References to “Canadian Mental Health Association”, “CMHA”, “we”, or “ours” refers to the Canadian Mental Health Association (CMHA)/Association canadienne pour la santé mentale (ACSM) and its employees, directors and officers. Your continued use of our Website indicates to Canadian Mental Health Association that you agree with these General Terms and Conditions (“General Terms”). We may change these General Terms from time to time, so please check back regularly. Any changes will be indicated on the Websites.
- Content created by Canadian Mental Health Association – Canadian Mental Health Association owns, licences, or has permission from third parties (“Third Parties”) to use, all of the trademarks, copyright and other intellectual property on the Websites, as well as all other content on our Websites (referred to as “Content”, which includes all text, graphics, content, video, audio and the selection and arrangement of the Websites) that exists in our Websites, other than User Generated Content. You must not copy or reproduce in any form any of the graphics, logos or other Content on our Websites unless you have our express written permission.
- Content posted by you –The Canadian Mental Health Association allows you, as a user of the Websites, to post audio, video, photos, text and other content to the Websites. Anything that you post to our Websites is referred to as your “User Content”. User Content is solely your responsibility, and you must make sure that you have the necessary rights to post that User Content (e.g. by obtaining permission of copyright owners if necessary). By posting any User Content, you also give the Canadian Mental Health Association a non-exclusive, transferable, royalty-free, perpetual, irrevocable and full sub-licensable right to use, delete, modify, adapt, publish, translate, distribute, display and reproduce that User Content and you waive any and all moral rights in the User Content. You also grant the Canadian Mental Health Association the right to use the name you submit with the User Content, if any, in connection with the rights of the Canadian Mental Health Association set out in this section.
- Keeping our Website safe – We need your help to keep our Websites safe. Therefore, you must adhere to the following when using the Websites:
- You may not gather, extract, reproduce and/or display on any other non-Canadian Mental Health Association website or other online service, any material on or from the Websites including other users data or content, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data;
- You must not upload viruses or other malicious code to the Websites;
- You must not bully, intimidate or harass anyone;
- You must not post any User Content that infringes or violates someone else’s rights, or otherwise violates the law, or that is hateful, threatening, pornographic or violent.
In addition, you agree that you will not submit as part of any User Content any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant the Canadian Mental Health Association all the license rights granted herein.
The Canadian Mental Health Association does not endorse any User Content or any opinion, recommendation or advice expressed therein. You understand that by using or viewing the Websites, you may be exposed to content including User Content of other users that is offensive, indecent or objectionable. The Canadian Mental Health Association expressly disclaims any and all liability in connection with any User Content submitted by others.
- Canadian Mental Health Association disclaimer – The Websites contain Content prepared by the Canadian Mental Health Association or its suppliers. While the Content contained in the Websites has been presented with all due care, the Canadian Mental Health Association does not warrant or represent that the Content is free from errors or omission.
Accuracy of Content
While the Content on the Websites is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information. The Content may change without notice and the Canadian Mental Health Association is not in any way liable for the accuracy of any information from the Websites printed and stored or in any way interpreted and used by a user.
The Websites are not intended for use by children under the age of 13. If you are under the age of 13, you must immediately discontinue use of the Websites.
Links to third-party sites
The Content contained in the Websites may include links to websites owned or operated by other entities which are not associated or affiliated with the Canadian Mental Health Association and that are neither endorsed nor supported by the Canadian Mental Health Association, and do not necessarily reflect any policies, procedures, standards or guidelines of the Canadian Mental Health Association.
The Canadian Mental Health Association takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the Websites provided by third parties to the cmha.ca and notmyselftoday.ca Websites, nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet sites) outside of the Websites.
Links to other Internet sites are for information only. Care has been taken in providing these links as suitable reference resources. However, due to the changing nature of the Internet content, it is the responsibility of the users to make their own investigations, decisions, enquiries about the information retrieved from other Internet Sites. Providing these links does not imply any endorsement, non-endorsement, support or commercial gain by the Canadian Mental Health Association.
- Account and Passwords – In order to access some features of the Websites, you may have to or have the option to create an account. You may not use another’s account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.
Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Canadian Mental Health Association.
All login names and passwords remain the property of the Canadian Mental Health Association, and may be cancelled or suspended at any time by the Canadian Mental Health Association without any notice or liability to you or any other person. The Canadian Mental Health Association is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Canadian Mental Health Association of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Although the Canadian Mental Health Association will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Canadian Mental Health Association or others due to such unauthorized use.
- Refunds – The Canadian Mental Health Association is happy to refund your donation if you have made it in error. If you wish to request a refund then please contact us using the contact details in the Contact Us section of the Canadian Mental Health Association Websites.
- The Canadian Mental Health Association’s rights – the Canadian Mental Health Association does not regularly review posted User Content, however, in its sole discretion, in addition to any other rights or remedies available to the Canadian Mental Health Association and without any liability whatsoever, the Canadian Mental Health Association may at any time and without notice remove or edit any User Content posted by you, or prevent access by you to any of our Websites if you do not comply with these General Terms. Any failure by the Canadian Mental Health Association to enforce our rights under these General Terms if you do not comply is not a waiver and we remain entitled to enforce our rights in relation to that or any other non-compliance by you.
- Liability Disclaimer – Except as explicitly provided in these General Terms as amended from time to time, the Canadian Mental Health Association and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Websites and/or any Content provided on the Websites. The Canadian Mental Health Association and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Websites or any of the Content found on the Websites.
The Canadian Mental Health Association and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corruption communications.
The Canadian Mental Health Association assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Websites or your downloading of any Content from the Websites.
While the Canadian Mental Health Association endeavours to ensure that the Websites are available at all times, the Canadian Mental Health Association will not be liable if, for any reason, the Websites are unavailable at any time or for any period.
In no event will the Canadian Mental Health Association be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Websites or their Content, the operation of the Websites or any failure or delay in the operation of the Websites, even if advised of the possibility of damages.
- Survival – The provisions that follow “Liability Disclaimer” will survive the termination of your access to the Websites.
- Entities and governing law– these General Terms form an agreement between you and the Canadian Mental Health Association, subject to the laws of the Province of Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Websites and these General Terms.