NuMind Health Service Terms
Effective as of May 1, 2023
This is an agreement between you and NuMind Health Inc. (“NuMind”, “we” or “us”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of NuMind Health service NuMind provides through the NuMind Health standard qualifier (the “Qualifier”) (together the “Service”). The Service Terms, together with NuMind rules and policies applying to the use of the Service, form the agreement between you and NuMind for the Service (the “Agreement”).
Acceptance
- Prior to and in order to use the Service, you must complete a consent form which becomes your way to “accept” the NuMind Health Service Terms.IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT SIGN THE CONSENT FORM AND YOU MAY NOT USE THE SERVICES.
- The Service is not intended for use by persons under the age of 18. If you are under 18 years old, you may not use the service. If you are 18 or older but have not the legal capacity to enter a contract, you should review the user terms with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions before accepting the user terms.
- For the purposes of these Service Terms, “you” refers to the individual using the Service.
- The Service is provided on an “as is” and “as available” basis. Your use of the Service is at your sole risk. NuMind does not guarantee any level of success resulting from the Service.
To the fullest extent permitted by applicable law, NuMind disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to NuMind.
Service Description
- The Service is intended to provide you with access to Mental Wellness Treatment either for Addiction Therapy or PTSD, trauma. Our initial Academy is located in Nassau, The Bahamas.
Eligibility, Plans and Equipment Requirements
- In order to be eligible for the Service, you must have completed the necessary NuMind onboarding process which includes completing a Confidential Qualifier, undergoing blood tests, an EKG and also a psychiatric assessment. To proceed you must pass these first steps.
Payment, Charges and Account
- The Service is provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Service or otherwise in accordance with these Service Terms, including all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, per-use basis, as NuMind may determine from time to time.
- False alarm fees that any government authority may impose upon NuMind, its vendors, or its agents relating to your use of the Services will be billed to you in arrears.
- All bills are due upon receipt.
- NuMind may require a security deposit from you (i) before the Service is provided, if you do not have a satisfactory credit history with NuMind or do not provide other proof of creditworthiness satisfactory to NuMind, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with NuMind as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. NuMind will credit your account monthly with interest on any security deposit required by NuMind. NuMind may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
- TERMINATION. If your circumstances change and you no longer satisfy all the requirements listed above in section 6, you will no longer be eligible to use the Service.
- NuMind may suspend the Service if you contravene any provision of these Service Terms, including your obligation to pay for the Service.
Use: Limitations and Restrictions
- You agree and acknowledge as follows:
a) NuMind Health Service is not a replacement for professional or medical advice or assistance;
b) NuMind is not an insurer and that the Service is limited in scope;
c) You will keep your home address and contact phone number up-to-date for the purposes of emergency contact support, when applicable;
d) You will keep your emergency contact information up-to-date.
Limitations of Liability
- The Service is provided on an “as is” and “as available” basis. Your use of the Service is at your sole risk. NuMind does not guarantee any level of success resulting from the Service.
To the fullest extent permitted by applicable law, NuMind disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to NuMind. - Neither NuMind nor its affiliates, partners, suppliers and licensors are responsible for any harm to you and/or your property resulting from the Service.
- To the fullest extent permitted by applicable law, you hereby agree that neither NuMind, nor its subcontractors, suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “NuMind parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the Service. With respect to any direct damages, you agree that the maximum liability of the NuMind parties is limited to a sum not to exceed fifty dollars ($50.00). This limitation of liability clause applies to any of the following wrongdoing of any of the NuMind parties arising from or related to the Service: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.
- Forced Entry: You acknowledge that providing the Service may require forced entry to your private room in response to an alert, if you are not present or unable to respond. You agree that NuMind is not responsible for the damages so caused and you will indemnify the NuMind Entities and its vendors against any claim made by a third party as a result of such forced entry.
- Force majeure. NuMind shall not be liable for any failure or delay in performing its obligations hereunder if such failure or delay is directly or indirectly attributable to one of the following causes: a) fire, flood, earthquake, natural disasters, pandemic or epidemic; b) riots, terrorism, civil disorders, rebellions or revolutions; c) labor conflicts; d) any other causes reasonably beyond the control of NuMind; and shall be relieved from performing or fulfilling its obligations for the entire duration of the force majeure so long as NuMind is unable to resume performance of its obligations despite reasonable efforts in this regard.
Changes to the service
- We may make changes to, including rates and additional charges, or withdraw the Service at any time and we may update, make changes to or introduce new terms at any time. Before we make any changes, we will give you at least 30 days’ written notice by text message or email. The notice will include a copy of the new term(s) or of the new and former versions of the modified term(s), the date that the change will occur and a description of your rights to cancel the service (if applicable and as required by law).
Privacy
- By accessing and using the Service the following information will be collected:
a) Both yours and your Emergency contact’s information (name, phone number and nature of the relationship with you). By providing these third parties’ personal information to NuMind, you represent that you have obtained these third parties’ authorization prior to doing so.
Items (a) above is referred to as “information”.
- You consent to NuMind and its authorized service provider collecting, using and disclosing the Information for one or more of the following purposes:
a) To provide you with the Service, b) To contact your contact information and/or the emergency services in case of emergency; and c) As identified in the NuMind Privacy Commitment. - NuMind will share information that identifies you with its service providers involving in providing the Service, on an as-needed basis, for the purposes specified in this section. NuMind may combine the information with other information NuMind may already have about you for the purposes specified in this section. NuMind will retain your information for as long as necessary to fulfill any of the purposes specified in this section and in accordance with the NuMind Privacy Commitment. No other third party will be granted access to information that identifies you without first obtaining your consent.
- You agree that the NuMind Privacy Commitment, available for inspection at NuMind.com/privacy, as it may be updated from time to time (the “NuMind Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by NuMind and its agents of your personal information, and the personal information of others that you provide, collected in connection with provision and/or use of the Services, for the purposes identified in the NuMind Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other NuMind companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.
- You agree to provide us with your current email address (and to inform us if that email address changes)
- The warranty disclaimers section, the limitation of liability section and the indemnification section, will in each case survive any termination of this agreement.
Miscellaneous
- The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without NuMinds prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of NuMind to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon NuMind.
- Except as provided in this section, nothing contained in this agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character or to create any obligations or liabilities of a party to any such person.
- You shall not assign, transfer or dispose of this Agreement, in whole or in part, without NuMind’s prior written consent.
- Except as expressly stated herein, this agreement constitutes the entire agreement between you and NuMind with respect to your use of the service. If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement shall not be affected and each remaining provision shall be valid and enforceable. The failure to exercise a right or require performance of an obligation under this agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.