Terms of Use
Welcome to The Wellness Camper community! By registering The Wellness Camper’s sessions and accessing its audio and visual content to you is on the condition that you accept and agree to these Terms of Use.
The following Terms of Use (“Terms”) govern the use of the Wellness Camper content. Please read them carefully before using the Wellness Camper audio files or other material through participation of sessions. Your use of the content constitutes your agreement to be bound by these Terms without limitation or qualification and creates a binding agreement (the “Agreement”) between The Wellness Camper and its users (“you”). If you are not willing to be bound by these terms, please do not use the content. Reference to the singular includes reference to the plural and vice versa. Reference to any gender includes reference to all genders.
1. Use and Restrictions on the Use of The Wellness Camper content
You may access and view the audio and visual content created by The Wellness Camper on your computer or other device and, unless otherwise indicated in these Terms, the content accessed from The Wellness Camper is solely for your personal, non-public, internal and non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from The Wellness Camper. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content available through The Wellness Camper, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
2. Ownership
The Wellness Camper owns, solely and exclusively, all rights, title and interest in and to the The Wellness Camper’s audio and visual content. All of the audio and visual content shared by The Wellness Camper, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of The Wellness Camper and your use of all such content is subject to the restrictions set forth in paragraph 1 above. The Wellness Camper trademarks and logos are owned by The Wellness Camper and may not be used or displayed without the prior written consent of The Wellness Camper. All trademarks, service marks and company names and logos appearing in and on the The Wellness Camper audio and visual content are the property of their respective owners and may not be used in connection with products and/or services that are not related to, associated with or sponsored by their rights holders, or in a manner likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed in and on The Wellness Camper’s audio and visual content is strictly prohibited. No right, title or interest in any of The Wellness Camper content, code, data or materials, or in any trademarks, service marks or company names and logos appearing on the The Wellness Camper is transferred to you or as a result of your uses of the The Wellness Camper’s audio and visual content. If you make use of the The Wellness Camper’s audio and visual content, code, data or materials thereon or available through the The Wellness Camper’s database, website and social media platforms, except as otherwise provided herein, you may violate copyright and other laws of Canada, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
3. Content Directed at Canadian Users
The Wellness Camper is targeted at and intended for users residing in Canada. Given the global nature of the Internet, however, The Wellness Camper may be accessed by users residing outside of Canada. The Wellness Camper makes no representations or warranties that The Wellness Camper audio and visual content is appropriate or available for use in countries outside of Canada. Users who choose to access The Wellness Camper’s audio and visual content from outside of Canada do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
4. Information Purposes Only
THE WELLNESS CAMPER DOES NOT CONTAIN NOR PROVIDE MEDICAL ADVICE.
The audio and visual content are provided for informational purposes only. The audio and visual content do not and are not intended to replace medical consultations or to provide medical advice, diagnosis or treatment. Always seek appropriate medical advice with your personal medical and health questions. DO NOT ignore or dismiss appropriate medical advice due to your interpretation or understanding of the Materials. Call 911 immediately if you are experiencing a medical emergency.
5. Public Forums & Code of Conduct
The Wellness Camper may, from time to time, make chat services, message boards, blogs, other forums and other such services available on or through The Wellness Camper’s website, social media platforms and use of the internet. You agree that you shall not upload, post, transmit, distribute or otherwise publish through The Wellness Camper or any service or feature made available on or through The Wellness Camper, any materials which (i) restrict or inhibit any other user from using and enjoying The Wellness Camper’s audio and visual content; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law; (iv) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (v) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (vi) contain a virus, spyware, or other harmful component; (vii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (viii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You may use a pseudonym, but agree not to impersonate any other person or entity, whether actual or fictitious, including The Wellness Camper, The Wellness Camper’s family or The Wellness Camper’s personnel. You may not offer to buy or sell any product or service provided by The Wellness Camper. You are responsible for the consequences of any activities and any actions that violate these Terms may subject you to civil and criminal liability. The posts, comments and/or messages you make with The Wellness Camper audio and visual content do not reflect the views of The Wellness Camper.
6. Right to Monitor and Editorial Control
The Wellness Camper reserves the right, but does not have an obligation, to monitor or review all materials posted in response to The Wellness Camper’s audio and visual content, and The Wellness Camper is not responsible for any such materials posted by you. However, The Wellness Camper reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or The Wellness Camper request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever.
7. Links to Third Party Sites
To provide you with access to related sites, The Wellness Camper may contain links to third party websites and digital platforms. The Wellness Camper is not responsible for the privacy practices or the content of any such third party websites and digital platforms. The Wellness Camper is not affiliated with, and does not endorse or sponsor, any such third party websites, digital platforms or any product or service of any such third parties. The Wellness Camper disclaims any liability for links from another website or digital platform to The Wellness Camper. The Wellness Camper does not represent or warrant that the contents of any third party website or digital platforms are accurate, compliant with applicable laws, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party web site or digital platform is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. User Registration and Security
You understand that certain information (e.g. phone number, email) may be required to have access to some parts of The Wellness Camper’s audio and visual content and services, depending on whether you are a facilitator, volunteer, client or help-seeker. In consideration of your use of The Wellness Camper’s audio and visual content, you will: (a) provide true, accurate, current and complete personal and organizational information prompted by The Wellness Camper's registration, survey forms, feedback data collection material and (b) maintain and promptly update the registration, survey forms, feedback data collection material to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or that The Wellness Camper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Wellness Camper has the right to suspend or terminate your program and refuse any and all current or future use of The Wellness Camper audio and visual content and related services (or any portion thereof). You are entirely responsible for the security and confidentiality of any passwords and any accounts used to access The Wellness Camper’s audio and visual content. Furthermore, you are entirely responsible for any and all activities that occur under such accounts. You are responsible for taking precautions and providing security measures best suited for your situations and intended use of The Wellness Camper’s audio and visual content and services.
9. Disclaimer
Please note that your use of The Wellness Camper’s audio and visual content and services is at your own risk. The Wellness Camper is not a crisis intervention service and The Wellness Camper staff and volunteers are not all licensed counsellors, therapists, psychologists or other health professionals. You are responsible for evaluating any information received and the appropriateness for your circumstances. To the extent that some of The Wellness Camper staff and volunteers may practice professionally outside of The Wellness Camper as licensed counsellors, therapists, psychologists, or other health professionals, for the purposes of The Wellness Camper, these staff and volunteers are not held responsible as licensed professionals, are given and tasked with the same training, approaches, duties, resources, and expectations as other staff and volunteers without professional qualifications, and are covered under all terms and agreements within this document and within the The Wellness Camper Privacy Policy. Outside of The Wellness Camper, staff and volunteers are not liable for and cannot predict, assess the competence of, or assess the appropriateness of The Wellness Camper’s content and services for your needs, including in the The Wellness Camper staff and volunteers’ practice as a third party licensed professional. While The Wellness Camper will endeavour to provide information as part of its service about competent third party professionals appropriate for the needs of you, The Wellness Camper is not liable for any consequences resulting from the use of the information.
Crisis situations are defined as any noted risk or act of harm to self, harm to others, or other acts or events that may lead to an unstable and dangerous situation for clients, staff, volunteers, or other individuals, communities, or the whole society. The Wellness Camper is not a professional counselling or crisis intervention service, and staff and volunteers do not provide any advice.
The Wellness Camper makes no representation or warranty whatsoever as to (a) the willingness or ability of any of The Wellness Camper staff or volunteers to give information, (b) whether you find The Wellness Camper staff or volunteers’ assistance to be useful or satisfactory, (c) whether you find The Wellness Camper staff or volunteers’ information relevant, useful, accurate or satisfactory, (d) whether The Wellness Camper staff or volunteers’ assistance will be helpful, (e) whether the information provided by The Wellness Camper staff or volunteers will be responsive or relevant to your questions, or (f) whether any information provided by The Wellness Camper staff or volunteers will otherwise be suitable to your needs.
The Wellness Camper attempts to the best extent to verify the skills, qualifications, or background of all The Wellness Camper staff and volunteers. While we endeavour to do so to the best of our abilities, in our sole discretion that you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, qualifications, competence or background of any of The Wellness Camper staff or volunteers.
The Wellness Camper may provide message boards which allow you to post questions about various topics and allow you, The Wellness Camper staff and volunteers, and others to support each other and answer questions. Information found via The Wellness Camper is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on The Wellness Camper digital platforms, content and material. Any reliance on the information is done at your sole risk and liability.
The Wellness Camper does not warrant the validity, accuracy, or availability of any content provided by The Wellness Camper staff or volunteers and we will not be liable for any damages sustained by you due to the reliance on any such information.
If you are thinking about suicide, or if you feel that you may be a danger to yourself or to others, or if you otherwise have any medical emergencies, please call 911 immediately and notify the police or emergency medical services.
10. Limitation of Liability
In no event shall The Wellness Camper or any other party involved in creating or maintaining its contents and materials be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruptions) arising out of your access to, use of or inability to access or use The Wellness Camper’s content, including without limitation damages to your computer equipment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
11. Indemnification
You agree to indemnify, defend and hold harmless The Wellness Camper, their respective officers, directors, members, shareholders, volunteers, agents, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms or the Privacy Policy.
Other than as expressly set out in these terms, neither The Wellness Camper nor its affiliates, officers, directors, members, shareholders, volunteers, agents, consultants, freelancers, independent contractors and representatives, or agents make any commitments about the content within the content, the specific functions of the services, or their reliability, availability, or ability to meet your needs. The Wellness Camper provides our content and services “as is”. The Wellness Camper excludes all warranties.
12. Force Majeure
The Wellness Camper shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, ‘acts of God’, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
13. Termination
The Wellness Camper may terminate, change, suspend or discontinue any aspect of our program, content and materials. The Wellness Camper may restrict, suspend or terminate your access to our program, content and materials if you breach of these Terms or applicable law, or for any other reason, without notice or liability.
14. Governing law and jurisdiction
All matters relating to The Wellness Camper and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of The Wellness Camper’s audio and visual content and materials shall be instituted exclusively in the courts of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If you do not comply with these terms, and we do not take immediate action, we retain the rights we may have including taking action in the future.
15. Severability
If any term is found to be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality and enforceability of the remaining provisions.
16. Entire Agreement
These Terms are the entire agreement between you and The Wellness Camper, and supersede any prior written or oral understandings or agreements.