Mental Fitness Lab Disclaimer
Informed Consent
Prior to beginning use of the Mental Fitness Lab Platform please read the MFL Terms and Conditions of Use and Howatt HR Privacy Policy. By selecting accept or proceeding to use the MFL Platform, you expressly consent to the Terms and Conditions of the MFL Platform and accept the Howatt HR Privacy Policy. If you have not read, or do not consent to the Terms and Conditions and the Howatt HR Privacy Policy, please do not use the MFL Platform. Howatt HR cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements
Mental Fitness Lab Platform Terms and Conditions of Use
Please read the following Terms and Conditions of Use (“Terms and Conditions”) carefully prior to using the Mental Fitness Lab Platform (the “Platform”). These Terms constitute a legal agreement between you (“You” or the “User”) and Howatt Strategic HR Consulting Incorporated. ("Howatt HR”, “We”, or “Us”), which owns and operates the Mental Fitness Lab Platform (the "Platform").
USE OF THE PLATFORM IS NOT FOR INDIVIDUAL MENTAL HEALTH CARE OR EMERGENCIES. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR MENTAL HEALTH, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, DISCONTINUE USE OF THE PLATFORM IMMEDIATELY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
Access to the Platform and Website to access the Platform are collectively referred to herein as the “Platform”. These Terms and Conditions state the terms and conditions under which you may access and use the Platform, including, without limitation, terms around providing any content on the Platform.
By clicking “I Accept” or similar electronic acceptance, you are agreeing to be bound by the Terms and Conditions as described herein, all applicable laws and regulations, the Howatt HR Privacy Policy, and you agree that you are responsible for compliance with any applicable local laws. You also acknowledge that you have read and fully understand the risks, limitations, conditions of use, and terms and conditions for us of the Platform as described herein. If you do not accept these Terms and Conditions, you should not access the Platform.
Due to the intellectual proprietary nature of the Mental Fitness Lab Platform, all subscriptions will be final sale, and no refunds will be issued after acceptance of the Terms and Conditions, or once the Mental Fitness Lab Platform has been accessed.
Howatt HR reserves the right to revise these Terms and Conditions at any time by posting the most recent version of the Terms and Conditions on the Platform. Use or continued use of the Platform following such changes being published shall signify your acceptance of the revised Terms and Conditions.
Platform Description
The Mental Fitness Lab (MFL) Platform is a space for facilitating mental fitness and employees’ experience in the workplace. Your mental fitness is impacted by the decisions and behaviours you do on a daily basis as well as the culture and support of the organization (e.g., employee-manager relationships).
The Mental Fitness Lab is not intended to be used as personal therapy, and does not replace the value of personal psychological care. The Mental Fitness Lab is not intended to treat mental illness, but to add value to assist individuals in living their everyday lives. The Mental Fitness Lab is also not designed to replace individual psychological assessment. The Mental Fitness Lab is designed to teach individuals how your behaviours can support the general mental health of others, as well as yourself. The Mental Fitness Lab is designed to help people promote their mental health with intention. The Mental Fitness Lab provides mental fitness coaching through mental health leadership, e books, teachable points, video blogs, as well as question and answer sessions. Within the Mental Fitness Lab you will have the opportunity to ask questions to help you to gain insights, and ensure you are not going through the Mental Fitness Lab alone.
Within the Platform, you will find micro-skill resources and tools regarding health experience, mental fitness, workplace environment, degree of psychological safety and your experience using your organization’s programs.
Important Service Limitations: Howatt is unable to guarantee the timeliness, appropriateness, or accuracy of any information provided through the Platform. The Platform is not intended as a substitute for obtaining medical advice from your doctor or other healthcare professional. In the case of an emergency or any suspected serious medical condition or ailment, please contact a trusted, local health care professional immediately and do not rely on the Platform for mental health advice.
Account Usage
In order to use the Platform, you must be a resident of Canada. If a Client Organization provides you with access to the Platform, they may provide certain Personal Information about you which will be collected and treated by Howatt in accordance with our Privacy Policy. Through the Platform, Howatt HR will have access to your own personal Platform ID which is automatically generated to track your data, using your IP address. This is the only identifier used to set you apart from other Platform users by Howatt. If you do not wish to proceed to use the Platform, you can inform Howatt and your Personal Information will be deleted in accordance with Howatt’s Privacy Policy. With your unique user identifier, you are the only individual who is permitted to access the Platform through your Account. You agree to immediately notify Howatt of any unauthorized use of any other breach of security.
The user shall provide, true, accurate, current and complete information when using the Platform, maintain and promptly update Account information to ensure it remains true, accurate, current and complete; and maintain the confidentiality of the user account by not sharing any given password or personal link for Platform use with anyone. If Howatt has reasonable grounds to suspect that such information about you is untrue, inaccurate, not current or incomplete, Howatt has the right to suspend or terminate your Account and your access to all or part of the Platform.
You are responsible for your use of the Platform including any Content that you make available through the Platform. Content that is submitted, posted, or displayed by your Account may be viewed by other agents that Howatt HR has entrusted. You agree to notify Howatt immediately of any unauthorized use of your unique user ID or any other breach of security, and to ensure that you log-out of your account at the end of your session. Howatt will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account.
We will investigate occurrences of breach or threat to security that may involve such violations and may involve, and co-operate with, law enforcement authorities about users who are involved in any of the above violations. You acknowledge and agree that Howatt HR can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
Restrictions on Content and Use of the Platform
Howatt HR reserves the right at all times, without obligation, to remove or refuse to distribute any Content on the Site and/or Platform and to terminate or reclaim user accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce these Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of our users and the public.
Howatt HR must cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous content, or otherwise offensive or illegal materials. The user acknowledges that the user alone is solely responsible for the Content that you post to the Platform and the consequences thereof. Users hereby acknowledge and agree that they must refrain from the following while accessing the Platform:
Failure to comply with any applicable laws relating to acceptable online conduct, behaviour, and Content usage;
Engaging in any illegal, offensive or unauthorized conduct which shall include but not be limited to:
Hacking, accessing, tampering with, or using non-public areas of the Site or Platform, our computer systems, or the technical delivery systems of our providers and partners;
Promoting bigotry, threaten, discriminate against or impersonate other Users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), Posting any sexual or offensive Content;
Posting or transmitting any Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights or derivative works;
Interfering with, Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures, disrupting, (or attempting to interfere with), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Platform, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform; Removing or modifying any copyright, trade mark or other proprietary notice on the Platform;
Using the Platform to communicate medical emergencies rather than using dedicated emergency Platform; or,
Use automated devices (such as robots and spiders) to scrape or index the Platform or their Content, or record or mine information about other Users of the Platform.
Limitation of Liability
Howatt HR cannot and does not guarantee any results from use of the MFL Platform and Howatt HR shall not have any responsibility or liability for any losses or damages that You may incur as a result of any use of the Platform.
Howatt HR does not take any responsibility for content of links to third party websites or the content on any third party websites (“Links” or “Websites”). The Platform may contain third party content and Links to third party Websites. Howatt HR and its partners, officers, directors, employees, agents, licensors, and their respective successors and assigns do not have any liability or responsibility for such Links or Websites. Howatt HR may remove any Link to the Platform without notice. Upon the request of Howatt HR you agree to remove any Link to the Platform you may have acquired or stored.
Any resources which may include referrals to professional service providers or peer support workers are mere referrals to third parties, and as such are not the employees or agents of Howatt and are not credentialed by Howatt. Howatt does not have any oversight of the care provided to you if you should choose to receive care from any such providers. Any third party provider is an independent practitioner who is solely responsible for any health care, social, or psychotherapy services provided to you, and is also solely responsible for obtaining your informed consent, where required, to any medical treatment.
While the Platform may provide access to certain general medical information, the Platform cannot and is not intended to provide individual medical advice to users. Always seek the advice of a physician or other regulated health professional with any questions regarding your personal mental health or medical conditions. Do not ever disregard, avoid, or delay obtaining medical advice from your physician or other health professional because of something you have read on the Platform or any associated Website. If you have or suspect that you have a mental health or other medical issue, please contact a physician or other health professional immediately.
Howatt HR provides the Platform using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms or additional terms provided at the time you access the Platform, Howatt HR does not provide any warranties about the Platform or associated Website.
As with any other website or app you use, when you access the Howatt HR Website, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Website in respect of any such potential risks.
To the maximum extent permitted by applicable law, Howatt HR and its officers, directors, employees, agents, licensors and their respective successors and assigns will not be liable for any damages of any kind, including damages:
- Caused by the user’s failure to seek out appropriate medical treatment, including but not limited to personal injury, wrongful death, improper treatment or inaccurate information;
- any indirect, special, incidental or consequential damages; or
- any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
- any damage to or corruption of data (whether direct or indirect);
- any claim, damage or loss (whether direct or indirect) arising from or relating to your inability to use the Services; or
- any claim, damage or loss (whether direct or indirect) arising from or relating to:
- any product or service provided by a third party under their own terms of service;
- use of any third party technology;
- use of any third party website; or,
- Any other losses which may be incurred in connection with the user’s use, misuse or reliance on the Platform or content offered through or in conjunction with the platform, the User’s inability to use the platform, ANY LOSS OF DATA REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
Such limitation shall be applicable even if Howatt knew or ought to have known of the possibility of any such damages.
Release
Howatt HR shall take commercially reasonable efforts to ensure the security of data, but cannot guarantee the security of information transmitted through email and over the Internet, therefore, you agree that you bear all risk and you agree to release Howatt(and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform except to the extent any injury is directly due to the negligence of Howatt HR or its personnel. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Indemnification
You agree to indemnify, defend, and hold harmless Howatt HR, and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from your breach of these Terms or misuse of the Platform.
Intellectual Property and Limitation of License
All right, title, and interest in and to the Platform (excluding Content provided by you) are and will remain the exclusive property of Howatt HR. The Platform may be protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in these Terms gives you a right to use the Howatt HR name or any other Howatt trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Platform is entirely voluntary and Howatt HR shall be free to use such feedback, comments or suggestions without any obligation to you. Howatt HR may grant a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Platform. This license is for the sole purpose of enabling you to use the Platform as provided by Howatt, in the manner permitted by these Terms.
Content Shared by Users
The Platform may from time to time, provide certain features which may allow you to post, upload, and communicate information. Howatt HR does not control the content of any materials shared by users and has no obligation to monitor such content. While Howatt HR may attempt to remove Posts which do not comply with these Terms and Conditions, it cannot guarantee that they will not be posted, uploaded or communicated and is not responsible for their content or any damages resulting therefrom. Howatt HR reserves the right at all times and at its sole discretion to edit, refuse to upload, or to remove any Posts which are, in whole or in part, objectionable, inaccurate, misleading, or in violation of these Terms or our Privacy Policy.
General Provisions
Use of the Platform is unauthorized in any jurisdiction where the Platform or any of the Content may violate any laws or regulations. You agree not to access or use the Platform in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
The user acknowledges and agrees that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or formed by these Terms or by your use of the Services.
The failure of Howatt to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
When you access the Platform through a mobile network, your network provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. The Platform may not properly work as intended with your network provider or mobile device.
These Terms and any rights, licenses and privileges granted by these Terms, may not be transferred or assigned by you, but may be assigned or transferred by Howatt HR without restriction and without notice to you.
These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
The insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.
This document and the Privacy Policy and any guidelines provided by Howatt on use of the Platform from time to time constitute the entire Agreement between you and Howatt relating to your access to and use of the Platform.
Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms shall be governed by and construed in accordance with the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of the Province of Nova Scotia, Canada.
The parties have agreed that this contract and all related documents be drafted in English.
Questions or comments regarding the Platform should be directed to the Howatt Platform Administrator at Jesse Adams, Privacy Officer
Howatt Strategic HR Consulting Inc.
3646 Acadia Street
Halifax, Nova Scotia
B3K 3P6
Jesse@Howatthr.com
Risks of using electronic communication
Howatt will use reasonable means to protect the security and confidentiality of information sent and received using the Platform. However, because of the risks outlined below, we cannot guarantee the security and confidentiality of electronic communications: Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties. Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information. Employers may have a legal right to inspect and keep electronic communications that pass through their system. Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings. Electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the server hosts. Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system. Electronic communications may be disclosed in accordance with a duty to report or a court order. The Platform will never be used for medical emergencies or other time-sensitive matters. Howatt HR shall not be responsible for information loss due to technical failures associated with your software or internet service provider.
If you require immediate assistance you should not rely on the Platform. Please call 911, go to the nearest Emergency Department, or the nearest available clinic.
Last Updated: October 20, 2020
