NYNS TERMS OF SERVICE

PLEASE READ TERMS OF SERVICE CAREFULLY

The Terms of Service contain very important information about the Client’s rights and obligations as well as limitations and exclusions that may apply to you. They contain limitations of liability. Please read them carefully.

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Definitions

The “Provider” is also referred to as Registered Social Worker (“RSW”); Social Worker (“Social Worker”); Registered Psychotherapist ("RP"); and may use another designation. The appointment with the Provider may be referred to as “Online Session” or “Session." The services detailed below under the heading Services are provided by NYNS and defined as “Service” or “Services.” The client receiving online Services from a "Provider" is defined as the “Client.” The fee paid for Online Sessions with a Provider is also referred to as “Purchase.” The Services will be undertaken by a Provider on the NYNS network.

 

Terms of Service

The Terms of Service ("Terms") contained herein govern the Client’s relationship with NYNS. Please read these Terms of Service carefully before using the Service. Access to, and use of the Service, is based on the Client’s acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences.

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Confidentiality - Informed Consent

Services provided are strictly confidential. Personal health information (collection, use and/or disclosure of the Client’s personal health information) will not be released without informed, written consent from the Client except where required by law.

It is the Client’s responsibility to choose a private place for online sessions without others present and devoid of distractions and ensure that they are using secure equipment and a secure location.

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Exceptions to confidentiality:

Confidentiality on the part of the NYNS therapist may be waived (under certain circumstances) wherein the Provider is bound by law to report to legal authorities under the following circumstances:

• If the NYNS therapist assesses the need to consult with the NYNS clinical team (Clinical Supervisor and/or Clinical Director) to provide the best possible care. These consultations are for professional and training purposes and personal health information will not be disclosed to third parties without informed, written consent from the Client.
   

The NYNS therapist is required by law to report when;

• The NYNS therapist assesses by law that there is a risk of harm to the Client or others;

• The NYNS therapist assesses that a child may have been harmed in the past, or that a child is at risk of harm in the present or future. In all cases, the NYNS therapist has a legal duty to report this;

• The NYNS therapist assesses that there is a risk to the country or threat of terrorism;

• The NYNS therapist is bound to report a colleague to their College for professional misconduct; and/or

• The NYNS therapist is required to defend themselves against a complaint filed with their College.

• The NYNS therapist is required by a court order (subpoena), issued by a judge, this may require the NYNS therapist to release information contained in records and/or require a NYNS therapist to testify in a court hearing.
   

The NYNS therapist may communicate with the NYNS clinical team regarding your case when;

• You are transferred to another therapist of your choice. To benefit your progress, intake information, assessment results and a clinical summary of your case may be provided to your new therapist. We will request your consent prior to forwarding this information.

• To benefit your progress, In supervision meetings with the NYNS clinical team.
   

Sharing of Information

If it is decided between the Client and the Provider to share information for reason of referral or consultation, a formal consent form will be completed and signed in advance by the Client. The Client has the right at any time to withhold or revoke consent. The Provider does not provide completion of forms or letters for employers or for court purposes. Advance notice is required for letters of attendance.
 

Circle of Care

According to the Health Insurance Portability and Accountability Act (HIPAA), information may be released to health care providers who are considered “covered entities” who are directly involved in provision of the Client’s healthcare unless the Client directs the Provider in writing not to release such information. In all other instances, written, informed consent is required for information to be released.
 

Crisis and Emergencies

The Service is not to be used for crisis or emergencies. When in crisis, contact these services:

• National Suicide Prevention Lifeline (800-273-8255)

• https://suicidepreventionlifeline.org/ 
   

THIS SERVICE IS NOT FOR CRISIS OR EMERGENCIES. IF THE CLIENT IS EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY OR IF THE CLIENT IS PLANNING OR CONSIDERING SUICIDE OR FEEL HE OR SHE IS A DANGER TO THEMSELVES OR OTHERS, THE CLIENT MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL EMERGENCY ROOM THE PROVIDER MAY DETERMINE THAT THIS SERVICE IS NOT APPROPRIATE FOR THE CLIENT'S CURRENT NEEDS.

Expectations and Demonstration of Mutual Respect

The Client shall not use any mood-altering substance the day of their Online Session. The Provider may cancel the Session if it is suspected that the Client is under the influence of alcohol or a drug which may affect cognition and comprehension. The Provider may cancel the Session if he determines in his discretion the Client’s behavior and/or conduct in the Online Session is inappropriate.

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Independent Professionals

NYNS Providers are independent professionals and not employees of NYNS. They are vetted, experienced healthcare professionals and registered with their provincial or federal regulatory body, College and adhere to the principles of these regulatory organizations.

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Services

NYNS provides online video counseling (videoconferencing) for those who are struggling with a myriad of issues including but not limited to anxiety, depression and addiction including problem gambling and for family members impacted by it. Clients must be a minimum of 18 years of age. The Service is only available to Clients residing in the United States. The Service may include ongoing therapy in the treatment modality best suited for the client as well as referrals to outside sources that may include other health professionals. Treatment plans may be adjusted as needs change.

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Security

There are extensive safeguards built into the NYNS website and the servers' operating system upon which it runs. NYNS ensures protected end-to-end encryption across all devices. All communication and registration information and payment on the website is encrypted using SSL/TLS technology.

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NYNS uses a secure portal for video conferencing called Simple Practice. Simple Practice is HIPAA-compliant for United States servers.

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Availability

The Provider will make every attempt to promptly respond to the needs of the Client during their office hours which are flexible. The Client shall request a day and time for their Online Session based on availability in the online client schedule. NYNS does not provide 24-hour Service at this time.

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Registration and Assessment

Prior to NYNS providing the Services, the Client will complete an online registration form/intake form and once completed, it will be sent to the assigned Provider before the first session. By completing the online registration form, the Client is agreeing to comply with, and be bound by the Terms.

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Online Session Process

The Client will choose a Provider, an online counseling service and then choose a date and time on the Provider's calendar. The Client will complete an online registration form, intake form and submit payment information. The Client will receive a confirmation email with the date and time and instructions.

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Length of Treatment

The Provider will create a treatment plan and together with the Client, will determine the length of Service. (See ‘Discharge/ Termination’)

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Contact Information

The Client shall ensure at all times that the Provider has current contact information. It is the Client’s responsibility to let the Provider know if there is any reason that the Provider should not leave a message when contacting the Client by phone.

 

Rescheduling Policy

A minimum of 24 hours’ notice is required to cancel or reschedule the Client’s Online Session without charges. The Client will be charged for the missed Session in its entirety, if there is less than 24 hours notice given by the Client of a need to reschedule an Online Session. There will be no refund if a Client misses or forgets to attend an Online Session.

 

Discharge/ Termination

Discharge of the Client and termination of the Services will occur when goals are met or the Client expresses a desire to no longer use the Service. When possible, the discharge plan will involve the Client to determine needs going forward. If there is no contact for a period of 90 days, the Client’s chart will be closed.

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Termination or suspension of access to the Service may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Client breaches the Terms.  All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, the Client’s right to use the Service will immediately cease. If the Client wishes to terminate the account, the Client shall inform the Provider and discontinue using the Service.

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Discharge and termination of Service will occur if there are two (2) consecutive ‘no shows’ or three (3) consecutive cancellations for scheduled appointments.

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Electronic Communications

NYNS will use reasonable means to protect the security and confidentiality of electronic information sent and received, such as emails and in text counselling (SMS).

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However, because of the risks outlined below, the Provider cannot guarantee the security and confidentiality of electronic communications and will not be liable for improper disclosure of confidential information that is not the direct result of intentional misconduct of the Provider. Thus, Clients must consent to the use of electronic communication that may include Client information. When the Client electronically accepts the Terms of Service, consent to the use of electronic communication is included and the Client agrees with the following conditions:

• 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.

• Online services 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 NYNS or the Client.

• 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.

• Videoconferencing may be open to interception due to lack of user end security and use of Wi-Fi. NYNS video conferencing uses encrypted software.

• If email or text is used as an e-communication tool, the following are additional risks: Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients; Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.

• While NYNS will attempt to review and respond in a timely fashion to the Client’s electronic communication, the Provider cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. The Services will not be used for medical emergencies or other time-sensitive matters.

• If the Client’s electronic communication requires or invites a response from the Provider and the Client has not received a response within a reasonable time period, it is the Client’s responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond.

• The Client is responsible for following up on the Provider’s electronic communication and for scheduling appointments where warranted.

• The Provider may forward electronic communications to staff and those involved in the delivery and administration of the Client’s care in the Circle of Care. The Provider might use one or more services to communicate with those involved in the Client’s care. The Provider will not forward electronic communications to third parties, including family members, without the Client’s prior written consent, except as authorized or required by law.

• Some Services might not be used for therapeutic purposes or to communicate clinical information. Where applicable, the use of these Services will be limited to education, information and administrative purposes.

• The Client agrees to inform the Provider in writing of any types of information the Client does not want sent via the Services, in addition to those set out above.

• The Provider is not responsible for information loss due to technical failures associated with the Client’s software or internet service provider.

 

Provider-Client Electronic Communication Agreement

To communicate with the Provider providing the Service, the Client must:

• Reasonably limit or avoid using an employer’s or other third party’s computer. Inform the Provider of any changes in the Client’s email address, mobile phone number or other account information necessary to communicate via the Services.

• If the Services include email, instant messaging and/or text messaging, the following applies: Include in the message’s subject line an appropriate description of the nature of the communication and the Client’s full name in the body of the message. Review all electronic communications to ensure they are clear and that all relevant information is provided before sending to the Provider. Ensure the Provider is aware that you have received an electronic communication from the Provider, such as by a reply message or allowing “read receipts” to be sent. Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords. Withdraw consent only by email or written communication to the Provider.

• If the Client requires immediate assistance, or if the Client’s condition appears serious or rapidly worsens, the Client should not rely on the Services. Rather, the Client should call the Client’s doctor’s office or take other measures as appropriate, such as going to the nearest Emergency Department. (See ‘Crisis and Emergencies’)

 

Payment of Services

Online Session fees are set in accordance with the recommended fee range for providers in private practice established by their College. RSWs are authorized as “medical practitioners” and according to the Canada Revenue Agency, fees paid for Services can be claimed as a medical expense deduction when filing income tax returns. The standard cost for a session 50 minutes) Online Session is $225.00 and can be used for video counseling.

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The Client represents and warrants that (i) the Client has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information the Client supplies is true, correct and complete.

NYNS reserves the right to refuse or cancel the Client’s order at any time including but not limited to product or service availability; errors in the description or price of the product or service; error in the Client’s order; or if fraud or an unauthorized or illegal transaction is suspected. NYNS will not be held responsible, or liable for, any failure for the Purchase to be complete, or any resulting loss or damages to the Client.

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Payment for services is expected prior to the Client’s Online Session. The Client can pay for Services by debit card or credit card.  Each subsequent Session will be automatically debited.  An emailed receipt will be provided to the Client at the time of the online payment. If applicable, direct billing to insurance companies is available.

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Insurance Coverage

The fee may not be covered under the Client’s employer’s group benefits package and the Client needs to discuss the issue with the Client’s employer or union and is not the responsibility of the Provider.The Client is responsible for any fees not covered by the Client’s insurer.

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Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to) intellectual property rights. The copying, redistribution, use or publication by the Client of any such content or any part of this site is strictly prohibited. The Client does not acquire ownership rights to any content or document obtained through this site. The posting of information or materials on this site does not constitute a waiver of any right in such information and materials.

Indemnification

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The Client agrees to indemnify and hold NYNS harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to the Client's violation of the Terms.  NYNS providers on the NYNS Provider Network are independent professionals and are NOT employees of NYNS.

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Non-transferable

The Client's right to use this site is not transferable. Any password or right given to the Client to obtain access is not transferable.

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Changes to Terms of Service

NYNS reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is made, NYNS will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at NYNS’s sole discretion. By continuing to access or use the Service after those revisions become effective, the Client agrees to be bound by the revised Terms. If the Client does not agree to the new Terms, in whole or in part, these Terms of Services (as amended) are immediately terminated and no further Services shall be provided.

 

Client Acknowledgment and Agreement

By agreeing to these Terms and Conditions, the Client acknowledges that he/or she has read and fully understands the Terms of Service and acknowledges to be bound by the provisions herein.

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Disclaimer

(1) THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NYNS HAS NO LIABILITY WHATSOEVER FOR THE CLIENT'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NYNS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NYNS AND THE CLIENT. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(2) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.