Terms of RITMA
Please read the following terms of use carefully (hereinafter “Terms of Use”) of R.I.T.M.A. Inc., operating under the name RITMA, whose office is located at 13-200 rue Principale (J0R 1R0), Saint-Sauveur, Québec, Canada (hereinafter « RITMA » or « we »).
RITMA operates the website « www.ritma.ca » (hereinafter the « Plateform »). By deciding to use the Platform and RITMA's services, you, understood as the end user or the organization you represent or work for (hereinafter the « User » or the « Users ») accepts all Terms of Use listed below that govern the content and use of the Platform, as well as the "Privacy Policy" available on RITMA’s Platform.
These Terms of Use legally bind the User and RITMA (hereinafter the "Parties"). The Parties are entitled to invoke these Terms of Use and to take all useful and necessary measures to enforce them.
If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as amended from time to time, he must not, or should no longer use the Platform.
ACCESS AND USE OF THE PLATFORM
If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.
The Platform is accessible from any computer device (computer, smartphone, tablet, etc.) to Users, which also include therapists ("Member Users") and insurers.
The Platform requires Member Users to choose a password to log into their personal area on the Platform ("Member Area"). As long as the password is entered correctly, RITMA assumes that the Member User is the person giving the instructions and making the payments. It is the Member User's responsibility to choose a secure password that is not easily guessed, to keep the password secret, and to ensure that the password is not stored in such a way as to allow others to access it or impersonate the Member User. In addition, if you disclose the password to any other person and permit that person to access the Platform, you become responsible for that person's access, use and disclosure of your password to that person.
It is the Member User's responsibility not to unsubscribe from RITMA's mailing lists dedicated to Member Users so that RITMA can continue to communicate with them. Otherwise, the Member User will have to contact RITMA to be reinstated to the Member User mailing list and the Member User will not hold RITMA responsible if he/she did not receive relevant information contained in the communications sent to the Member User mailing list.
GENERAL FEATURES OF THE PLATFORM
The Platform's advanced features allow you to:
- Register and post your therapeutic practice in an online directory so that the public can find you and purchase your services;
- Display the various RITMA associations you are affiliated to, job postings and a bulletin board;
- Allow for continuous learning;
- Offer a Member Zone and an Insurer Zone.
THE SERVICE
The Platform is accessible at all times. The Platform may be temporarily unavailable due to updates or technical problems. RITMA is not responsible for any interruption of service or updates. RITMA attempts to make updates when traffic on the Platform is at its lowest.
RITMA does not warrant that the Platform, or any portion thereof, will operate on any particular computer hardware or device. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
RITMA provides Member Users with a Member Area where they can update their information, issue receipts, customer database, billing history, member certificate, supplier discount coupons, membership renewal, request receipts.
RITMA reserves the right to add, delete and modify all or part of the content on the Platform, except for the Member User's own content. RITMA shall not be liable for mistakes, typographical errors and bugs. Each Member User created in the system is the owner of the content of his account.
RITMA also reserves the right to suspend or terminate your access to the Platform or its features without notice when it is reasonable for us to do so and in particular if :
(i) For any reason, we cease to provide the Platform services;
(ii) Your use of the Platform has been in any way inappropriate or violates the spirit of the Terms of Use;
(iii) We reasonably believe that the Platform is at risk of fraud or abuse;
(iv) Our IT infrastructure is failing, is experiencing breakdowns or requires maintenance;
(v) In the event of misconduct by the Member User;
(vi) We are ordered or recommended to suspend access to the Platform by security services, a court or a competent regulatory authority.
Each User of the Platform agrees, without limitation, not to :
a) Use the Platform in any manner that could damage, disable, overburden or impair the Platform
b) Interfere with the security of, or otherwise abuse, the Platform or any services, resources, systems, servers or networks connected to the Platform or affiliated or linked sites or accessible through them
c) Disrupt or interfere with any other service or affiliated or linked site's use or enjoyment of the Platform;
d) Upload, post or otherwise transmit on the Platform any virus or other harmful, disruptive or destructive computer file or program;
e) Use any robot, spider or other automatic device or manual process to monitor or copy the pages of the Platform or its contents;
f) Transmit through the Platform unsolicited mass e-mails, chain letters, junk mail or other types of e-mails;
g) Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, User agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of User, and agrees to comply with all applicable laws with respect to its use of or activities on the Platform.
INTELLECTUAL PROPERTY
Unless otherwise indicated, all intellectual property rights (trademark, copyright, etc.) (hereinafter the "Intellectual Property") related to the Platform are the exclusive property of RITMA. You may not copy or use any of the materials, structure, menu, look and feel or characters that appear on the Platform without the express consent of RITMA.
Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names or other things contained on the Platform may, among other things, be registered or unregistered trademarks or trade names (all of which are referred to in these Terms of Use as "Trademarks"). These Trademarks are protected by Canadian and foreign trademark laws and are, as the case may be, the exclusive property of RITMA.
Without limiting the scope, the Intellectual Property owned by RITMA includes, but is not limited to, the following :
- All logos, designs, graphics, photos, videos, trademarks (registered or not), symbols, texts, expressions, words and all general content of the Platform not already subject to intellectual property rights;
- All software, APIs and materials made available by the Platform;
- All databases made available by the Platform; and
- All content offered by the Platform for free download.
Unless otherwise specified, all information provided on the Platform is the property of RITMA, and is protected by applicable laws. In addition, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for derivative works, public or commercial purposes without the express written permission of RITMA. The information is protected under the copyright and trademark laws of Canada and the countries that host the Platform.
Images and text contained on the Platform that are downloaded, copied, saved or printed are still subject to these Terms of Use. You must ensure that all copyright and trademark notices are still included. The content of the Platform is subject to change at any time without notice. For further information regarding permission to use, reproduce or republish any information presented on the Platform, please contact us at rprp@ritma.ca .
Nothing contained herein shall be construed as conferring any license or right upon User under copyright or trademark laws.
Any unauthorized downloading, retransmission, copying or modification of the Intellectual Property or data contained on the Platform may violate laws including trademark or copyright laws and could subject User to legal action.
Subject to applicable laws, the importation, creation, submission or storage of content by the User grants RITMA a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license authorizes RITMA to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute your content. Under this license, RITMA may use your content only in connection with the operation, promotion or improvement of its services. If you wish to terminate this license, simply delete your account. However, the content you have shared will still be visible to other Users: you can request its deletion, under certain conditions, from the contact person, who you can contact at rprp@ritma.ca .
EXTERNAL LINKS
It is possible that by using a hyperlink, the User leaves the Platform to access external content (hereinafter referred to as "External Websites"). In addition to its own content, RITMA provides Users with links to External Websites, in particular those of participating merchants, solely for the User's convenience and information. RITMA has no control over the content of these External Websites and assumes no responsibility for their accuracy, precision, completeness, authenticity, timeliness or suitability. Any liability of RITMA is excluded, in particular for direct or indirect damage or consequences arising from the use of the contents of these External Websites. RITMA has no influence on the contents of the linked external websites and is not responsible for the careful selection of the contents of the linked external websites, in particular for the contents of the linked external websites that have been changed after the link was set. RITMA does not demand the transmission of information, does not select the recipients of the transmitted information nor the information itself, and does not modify it. Furthermore, no automatic short-term intermediate storage of these external links is carried out by RITMA according to the current link creation and retrieval method. Therefore, the content of external websites accessible via links is the sole responsibility of their operators.
Furthermore, RITMA cannot guarantee that no laws are violated, including the absence of copyright or trademark infringement or third party rights by these External Websites or their content, nor that they are free of viruses or other harmful components.
No warranty is given as to the authenticity of the materials available on the Internet.
SOCIAL MEDIA
The following terms apply when you access a social media page, User account, website, network or any application contained therein that has been designed and operated by a social media (individually, a "Social Media" and collectively, "Social Media").
General statement
By using the Social Media pages and submitting a comment, photo, video or other material, you (and your parent/legal guardian if you are under the age of majority in the province or territory in which you reside) agree to be bound by and comply with RITMA's Terms of Use and Privacy Policy and the Terms of Use of third party providers of Social Media. You also consent to RITMA copying, editing, publishing, translating and distributing your comment, photo, video or other material posted on a Social Media, without compensation.
Social Media Terms of Use
Some of the comments and other materials posted on the Social Media pages may not represent the views of RITMA. Therefore, you agree not to post or submit any information, postings, links or other materials of any kind to the Social Media pages that fall into any of the categories described below with respect to RITMA:
- Any defamatory content;
- Abusive;
- Forged;
- Obscene;
- Deceptive;
- Illegal;
- Otherwise violates the rights (including privacy rights) of others;
- Any content that contains advertising;
- Promotional materials or any form of unwanted solicitation;
- Any content whose origin or source is falsified;
- Any financial or personal information about you or any other person; and
- Any information that RITMA deems to be in violation of the Terms of Use.
Any information, message, link or item that RITMA deems to fall into any of the above categories will be deleted immediately without liability to RITMA.
Furthermore, RITMA does not assume responsibility for screening messages posted on Social Media.
RITMA disclaims any liability to entities that own or operate Social Media, including for any direct or indirect loss or damage arising from any action or decision made by you or any other person in connection with the use of Social Media websites.
DISCLAIMER, WARRANTY EXCLUSION AND INDEMNIFICATION
RITMA does not warrant the accuracy, completeness, quality, adequacy or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of warranties.
RITMA is not responsible for the content posted on the Platform by Users and for any damages that may result from such content. Each User is responsible for the content he/she exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.
When the User is a consumer within the meaning of the Quebec Consumer Protection Act, this Act does not allow the exclusion of warranties and the non-liability of RITMA for certain damages. In this case, the User has additional rights and is not subject to certain limitations mentioned below.
Except where the Consumer Protection Act is applicable, RITMA shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profit or anticipated economic benefits, arising out of the use of or inability to use the Platform, the information, documents and software contained therein, even if RITMA has been advised of the possibility of such damages or even if such damages are reasonably foreseeable.
RITMA acts as a third party to connect you with participating therapists for services. By offering services to the public, you are directly entering into a contract for services with them and not RITMA.
You understand and agree that RITMA cannot be held responsible for the outcome of transactions between therapists and the public using the Platform. RITMA has no control or responsibility over the legality or use of the services found through the use of the Platform,
It is the responsibility of the therapist and the client concerned to resolve any dispute or claim regarding a service found through the Platform.
As a User, you will indemnify and hold harmless RITMA, and, where applicable, its directors, officers, shareholders, partners, employees, agents, consultants and other RITMA stakeholders, from and against any and all claims, liabilities, losses and expenses (including legal fees) attributable to your use of the Platform and/or breach of these Terms of Use, whether such breach is by you or any third party user of your account.
You may not use or export the Information or any copy or adaptation of the Information in violation of any applicable laws or regulations.
MODIFICATION OF THOSE TERMS
We will occasionally update these Terms of Use. Continued use of the Platform constitutes the User's agreement to these Terms of Use and any updates.
However, when the Consumer Protection Act applies, RITMA will notify the Users of the Platform thirty (30) days prior to the entry into force of the modification of these Terms of Use. If the User does not agree with these modifications and wishes to terminate the contract, they will have thirty (30) days following the coming into force of the modifications to send a notice to RITMA and to terminate, without costs or penalty, their obligations towards RITMA.
INTERPRETATION
The titles of the provisions above are included only for reference and do not affect the structure or interpretation of the Terms of Use hereof.
Whenever the context so requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.
CONTACT
If you have any questions or comments regarding any content on the Platform, please contact us at rprp@ritma.ca .
Last update made on April 27, 2023.