Terms of Use
Last Updated: August 2, 2022
Please review the following Terms of Use thoroughly before using services facilitated by Nellie Health Group Inc., and its affiliates (“Nellie”). By using Nellie you agree to these Terms of Use and the terms specified in our Privacy Policy, which has been made available to you here and which you have confirmed that you have read, understood, and agreed to.
We reserve the right to change these Terms of Use from time to time at our sole discretion. Notice of any changes to these Terms of Use will be posted on the Nellie website and platform (“the Platform”) and will come into effect immediately. Continued use of the Platform following any changes to our Terms of Use will signify you accepting these changes. We encourage you to review these Terms of Use regularly.
These Terms of Use shall prevail over any other conflicting or additional communication.
Nellie Health Platform
The Platform serves to facilitate the delivery of care between mental healthcare providers and clients. Although the Platform offers a range of tools and services aimed to enhance client care, clinical services are ultimately delivered by the treating clinician. As such, treating clinicians are responsible for the care of clients they see via the Platform.
Nellie Clinicians
Clinicians providing clinical services through the Platform are required to be licensed mental health professionals in good standing with their relevant regulatory body and/or be supervised by licensed mental health professionals in good standing with their relevant regulatory body. Clinicians providing services on the Platform are ultimately responsible for the care of the clients they treat on the Platform.
Clinicians providing services facilitated by the Platform are independent providers who are neither our employees, nor agents, nor representatives. The Platform’s role is to enable and facilitate clinicians’ services. The clinical services themselves are the responsibility of the clinicians who provide them. If you feel that the services you are receiving do not fit your needs or expectations, you may change to a different clinician who provides services through the Platform. If a clinician you have been connected with stops using the Platform during the time that you are actively seeing that clinician, we will send an email to notify you that your clinician is no longer on the Platform and that you have the opportunity to match with a new clinician.
Healthcare/Medical Advice
The contents of the Platform are not intended to replace or substitute the advice of a qualified healthcare provider. Nellie is not responsible for any decisions made by you based on information available on the Platform. The information available on the Platform is of general nature and should not be construed as being communicated to you directly as healthcare advice.
General information on the Platform should not be used to diagnose or treat mental health conditions. Do not delay seeking healthcare based on information gathered on the Platform. If you have an emergency, contact emergency services or go to your nearest emergency department.
Becoming a Client
Using or registering on the Platform is insufficient to be deemed a client. You are considered a Nellie client once you have had your first therapy appointment. Although information about you is collected prior to your first appointment, this information is not considered to be healthcare information until the time that you become a client.
Consent
Your use of the Platform signifies your consent to be legally bound by the Terms of Use and Privacy Policy. If you do not agree with the Terms of Use or Privacy Policy, do not use the Platform, and do not provide us with any information.
You are required to create an account in order to use parts and features of the Platform. Your decision to consent and provide us with your information is voluntary. However, choosing not to consent will result in not having access to all the functions on the Platform.
Accounts
You agree to provide accurate information when creating an account and agree to keeping your contact information up to date. If you create an account, you are responsible for protecting the confidentiality and security of your account by keeping your password confidential and taking any other appropriate measures to restrict access to your account.
You are responsible for all activity that occurs within your account. Nellie will not be held liable for any costs, liability, or damages resulting from, or arising out of, any action or inaction of or by us under these Terms of Use.
Nellie, in its sole discretion, has the right to terminate and restrict any accounts and may do so if your actions are deemed to pose a risk to Nellie, violate the Terms of Use or Privacy Policy, or otherwise are deemed to be unlawful, unacceptable, or inappropriate for the Platform.
If the privacy or confidentiality of your account is compromised, you are responsible for notifying us immediately. We reserve the right to take any necessary action to protect the privacy and confidentiality of your account, your personal information, and Nellie.
Crises, Emergencies, and Response Time
Nellie and the Platform do not offer emergency or crisis response services. If you are having any kind of crisis or emergency, please contact emergency services (e.g., 911) and/or go to your nearest emergency department.
Tools and services on the Platform are not constantly monitored. It may take time for your clinician to review, measures, worksheets, messages, etc. Do not use the Platform for emergency purposes for these reasons.
Payments
You agree to pay all fees and charges associated with your account on a timely basis. Providing us with your payment information means you authorize us to bill and charge you through that payment means and you agree to maintain valid payment information in your account at all times. Additional services cannot be booked if there is an outstanding balance on your account.
Complaints
If you have concerns about potential violations of laws or rules that govern your clinician’s practice, complaints can be directed to their relevant regulatory body. Should you require additional information about your clinician or how to file a complaint, please contact us.
Minimum Age
You are required to be at least 18 years of age to use the Platform. Please do not create an account if you are not at least 18 years of age.
Disclaimer of Warranties
Nellie, including any content made available on or through the Platform, is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, express, implied or collateral, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.
We do not warrant the accuracy or completeness of any content accessed through the Platform. Information that is periodically updated may not be current at the moment you visit the Platform and may contain errors.
We make no warranty that Nellie will meet your requirements; that services will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the Platform is free of viruses or other harmful components.
Your use of the Platform is at your sole risk. You are responsible for verifying any content before relying on it. For greater certainty, you agree that all risks associated with the use of, or reliance on, any content on the Platform rests with you. You further agree that Nellie will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content of the Platform.
No Liability
In no event will Nellie be liable for any damages whatsoever, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages arising out of the use, inability to use, or the results of use of the Platform, any linked websites, any external resources referred to or linked to, or the content of the Platform, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will Nellie, or any other party involved in creating, producing, or delivering services, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the content provided through the Platform.
In no event will Nellie be liable for any failure to notify others of any potential of harm to yourself or others.
Indemnification
You agree to defend, indemnify and hold harmless Nellie, its affiliates and their respective officers, directors, employees, agents, representatives and service providers, including all third parties referenced or mentioned on the Platform, from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of, or reliance upon the Platform, your personal information that is accessible through the Platform, or the content of the Platform; or (c) your infringement of any intellectual property or privacy rights of any person.
No Waiver
Nellie’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of Nellie’s rights or privileges under these Terms of Use.
You agree that if any part of these Terms of Use is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.
Governing Law
The Platform, and its contents, are designed to comply with Canadian and U.S. laws.
For Canadian Users:
You hereby irrevocably submit to the exclusive jurisdiction of the laws and courts of the Province of Ontario for any dispute arising from your use of the Platform in Canada.
For U.S. Users:
You hereby irrevocably submit to the exclusive jurisdiction of the laws and courts of the State of Kansas for any dispute arising from your use of the Platform in the U.S.