Destined for Distinction’s Terms of Service
DO NOT USE THE PLATFORM OR PLATFORM SERVICES FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND THE EMERGENCY ROOM OF THE NEAREST HOSPITAL OR HEALTH CENTRE.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE DESTINED FOR DISTINCTION SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL, REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES, WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.
ANY PAYMENT TO DESTINED FOR DISTINCTION FOR THE USE OF THE PLATFORM IS FOR ACCESS TO THE SERVICES OF MENTAL HEALTHCARE PRACTITIONERS OR ANY OTHER SERVICES MADE AVAILABLE THROUGH THE PLATFORM THAT ARE NOT COVERED BY EXTENDED HEALTH INSURANCE. REGARDLESS OF ANY PAYMENTS MADE, DESTINED FOR DISTINCTION DOES NOT HOLD ITSELF OUT AS A DIRECT PROVIDER OF THERAPY SERVICES, AS THAT IS THE ROLE OF YOUR LICENSED, ACCREDITED PROVIDER.
The following Terms of Service (the “Terms of Service“) form an agreement between Destined for Distinction (“Destined for Distinction“) and you, and such Terms of Service will govern your use (the term ‘use’ will mean access or use, as applicable) of the Destined for Distinction online platform (the “App“) (collectively the “Platform“). The Platform provides you with access to Mental Health Services and Information Tools (defined below) (collectively the “Platform Services“). Collectively, the Terms of Service together with the Privacy Policy (the “Privacy Policy“) govern the Agreement (the “Agreement“) between the parties.
The term “you” refers to the person or entity using the Platform or receiving any Platform Services. By accessing the website, using or subscribing to the Platform Services, or tendering a similar form of electronic acceptance, you agree with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, do not use the Platform.
Destined for Distinction reserves the right to amend any term of these Terms of Service at any time by giving 30 days’ notice. Any notices regarding modifications to these Terms of Service will be in a written form and provided to you: (i) by Destined for Distinction via email (in each case to the address that you provide); and/or (ii) via the Platform. For notices provided by email, the date on which such notice is transmitted will be deemed the date of receipt. You are not obliged to continue using the Platform Services after an amendment to these Terms of Service is made; however, in the event you choose to not accept the changes, you must immediately cease use of the Platform and the Platform Services and provide notice to Destined for Distinction that you are terminating your agreement to these Terms of Service. Cancellation fees may apply. Your continued use of the Platform Services following any amendment shall be deemed to be your acceptance of the amended Terms of Service, and waiver of any additional notice requirements.
Destined for Distinction reserves the right to change any information, material or content (the “Content“) contained on or provided through the Platform at any time, and from time to time, without notice. Content does not include your Personal Health Information (“PHI“) or your Personal Information (“PI“).
Use of Platform
Destined for Distinction grants you a personal, revocable, non-exclusive and non-transferable license to permit you to use the Platform, including downloading and installing the App on your personal mobile phone device for the purpose of accessing the Platform Services in accordance with these Terms of Service.
As a condition of your use of the Platform, you warrant that: (1) you are 18 years of age or older; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Platform in accordance with these Terms of Service; (4) all information supplied by you on the Platform is true, accurate, current and complete; and (5) if you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.
The Platform is provided solely (the “Permitted Use“) to: (1) give you access to any services offered to you through the Platform, including access to the Mental Health Services provided by Mental Health Practitioners, as well as the other educational graphics, research sources, workshops, meetups, and other incidental information on the Platform; (2) if applicable, facilitate any payments from you to Destined for Distinction in respect of your use of the Platform or the receipt of any services through the Platform; and (3) provide feedback and otherwise communicate with Destined for Distinction in connection with any of the foregoing.
Additionally, you agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit: (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks through hacking, password mining, or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Destined for Distinction nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
If Destined for Distinction deems that you have used the Platform in any manner contrary to the Permitted Use, or if you have violated any of these Terms of Service, Destined for Distinction retains the right to deny you further access to the Platform or the Platform Services it offers, at any time and in its sole discretion.
Site Content
Other than the guidance and advice you receive directly from your licensed Provider, the other Content on the website, including educational graphics, research sources, and other incidental information should not be considered mental health advice. You should always talk to an appropriately qualified Mental Healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Destined for Distinction does not endorse any specific tests, medications, products, or procedures.
Platform Services
Health and Wellness Services:
The Platform Services enable you to obtain access to healthcare professionals, which may include Social Workers, Psychotherapists, Intern Therapists and Counsellors (“Mental Healthcare Practitioners“) and other professionals (“Wellness Practitioners“) as they become available. This access includes video or audio appointments for consultations, and receiving professional and administrative support services virtually.
Where applicable, Mental Healthcare Practitioners and Wellness Practitioners on the Platform are licensed or accredited to practice by the applicable regulatory authority governing their profession in the province or territory of Canada where they practice. For greater certainty, you will be provided with access to consultations with Mental Healthcare Practitioners provided through the Platform. Any payment to Destined for Distinction through the Platform, either paid personally or through Extended Health Insurance, is for access to the services of Healthcare Practitioners and Wellness Practitioners made available through the Platform.
Mental Healthcare Practitioners and Wellness Practitioners are independent of Destined for Distinction and are solely responsible for the provision of Mental Health and Wellness Services to you. The relationship between you and the Mental Healthcare Practitioner providing Mental Health and Wellness Services is a patient-practitioner relationship. Destined for Distinction is not party to that relationship as it relates to the delivery of such Mental Health and Wellness Services, and Destined for Distinction is not engaged in the practice of therapy, the practice of pyschotherapy or the practice of any other regulated health profession for the purpose of providing Mental Health and Wellness Services in your use of the Platform. Neither Destined for Distinction nor any other party associated with Destined for Distinction (other than the applicable Mental Healthcare Practitioner or Wellness Practitioner) are liable for any Mental Health Services provided to you by Mental Healthcare Practitioners or Wellness Practitioners in your use of the Platform.
Destined for Distinction does not guarantee the availability of any particular Mental Healthcare Practitioner at any particular time. We will do what we can to arrange a consultation with a Mental Healthcare Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time frame.
Information Tools:
The Platform provides access to various mental health and wellness informational tools, including workshops, meetups, and additional features and tools provided from time to time, as further described on the Platform (“Information Tools“). The Information Tools are available for use at any time, independently of the services provided by either Healthcare Practitioners or Wellness Practitioners.
Any Information Tools, unless stated otherwise, provide health and wellness information and not mental health advice, diagnosis and/or treatment. If you choose to submit information about your symptoms using the Information Tools, the information returned to you is general health information. Our Information Tools are not a substitute for a doctor or other licensed healthcare or mental health professional.
Other Limitations:
The Content provided through the Platform (except as may be directly communicated to you by Mental Healthcare Practitioners) is not medical or clinical advice. The Content and the Information Tools were not designed or personalised for you specifically. Destined for Distinction does not make any endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of the Content or the Information Tools, or of any particular diagnosis or treatment communicated to you by the Mental Healthcare Practitioners.
Geographic Application of the Platform
The Platform is made available for use in Canada only. By signing the Terms of Service you represent and warrant that you are and will be in Canada when using our Platform. If you access the Platform from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
Account Enrollment
To access the Services, you must first enroll to establish an individual user account (“Account“), by providing certain information. You agree that you will not create more than one Account, nor create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Destined for Distinction has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Destined for Distinction reserves the right to terminate your account and refuse any future request(s) to use the Destined for Distinction Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Destined for Distinction will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
Extended Health Insurance
In addition to the registration described above, access to the Services through an Employer sponsored benefit plan or other extended insurance plans may require you to provide additional registration information. When applicable, your Employer or the Employer of the subscriber of your benefits will not be provided this information (you likely already gave them similar information in your employee file unless you are a family member of an eligible employee), and your employer will not be told you or your family member are using the Services, unless such information is shared by you or part of a pre-arranged special program. Further, Destined for Distinction may communicate directly with your insurance provider on your behalf to determine your insurance eligibility and your specific benefits. BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE PROVIDING EXPRESS AUTHORIZATION TO DESTINED FOR DISTINCTION TO CONTACT YOUR INSURANCE PROVIDER ON YOUR BEHALF AND YOU AGREE TO PROVIDE DESTINED FOR DISTINCTION WITH THE REQUISITE INFORMATION REQUIRED BY YOUR INSURANCE COMPANY. YOU CAN WITHDRAW YOUR CONSENT AT ANY TIME.
Information collected under these circumstances may include, but is not limited to:
- First Name
- Last Name
- Date of Birth
- Phone number
- Relationship with claimant (yourself, or the spouse, domestic partner, or dependent of an employee in certain programs)
- Employer’s name
Destined for Distinction may request additional information from time to time.
Payment
Any payment you make for the use of the Services is used to compensate Destined for Distinction for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
Part of your payment for the use of the Services is remitted to the Provider for the direct clinical services provided to you. Regardless of any payments made, Destined for Distinction does not hold itself out as your direct provider of therapy services, as that is the role of your licensed, network-accredited Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Destined for Distinction from time to time. The full amount of fees and charges (including any taxes and late fees, as applicable) may be charged to your credit card or debit card after every session. You agree to maintain valid credit card information in your Account. By providing Destined for Distinction with credit card information, you authorize Destined for Distinction to bill and charge your credit card for services rendered, in accordance with the fee schedule in place at the time.
Insurance receipts will be provided to you for the purpose of submitting your insurance claim(s) to your insurance provider(s).
If you access the Services through Extended Health Insurance, an Employer sponsored benefit plan, or other insurance-backed plan and direct billing is available, your payment may be arranged by a third party payor, which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services, which is explained in your benefit program.
Intellectual Property
All of the content available on or through the Service is the property of Destined for Distinction, and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Destined for Distinction.
Subject to the terms of this Agreement, Destined for Distinction hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
Third Party Hyperlinks and Websites
The Platform may provide links (including, but not limited to, a hyperlink, button or referral device of any kind) to third party websites. These links are provided for your convenience only. The appearance of a link does not constitute an endorsement, recommendation or certification by Destined for Distinction. Destined for Distinction does not endorse the information contained on any third-party websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Destined for Distinction’s control, and Destined for Distinction is not responsible for the content of any linked third-party websites or advertisements. If you choose to access any such websites, you do so entirely at your own risk.
Disclaimers
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THE AGREEMENT, DESTINED FOR DISTINCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DESTINED FOR DISTINCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, DESTINED FOR DISTINCTION DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR ACCOUNT INFORMATION. DESTINED FOR DISTINCTION CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
DESTINED FOR DISTINCTION IS NOT RESPONSIBLE FOR COMPLYING WITH LAWS OUTSIDE OF CANADA GOVERNING ACCESS TO OUR PLATFORM SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL DESTINED FOR DISTINCTION, ANY DESTINED FOR DISTINCTION LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL DESTINED FOR DISTINCTION, ITS LICENSORS OR SUPPLIERS OF MENTAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF DESTINED FOR DISTINCTION OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
Destined for Distinction may immediately terminate or suspend these Terms of Service, or cease providing the Platform and Platform Services, at any time: (i) if you do not comply with these Terms of Service; (ii) if necessary to prevent threats to the privacy, security or integrity of your data or the data of any other user(s); (iii) upon termination of the agreement between Destined for Distinction and the third party payor; (iv) to comply with any applicable law or court or order; and/or (v) for any reason, including events not in our control.
Either you or Destined for Distinction may terminate these Terms of Service at any time.
If services are terminated your clinical record will be retained for at least 10 years from the date of the last interaction with your therapist, or for 10 years from the your 18th birthday, whichever is later.
Appointment Cancellations
Cancellation fees will apply if your appointment is cancelled within 24 hours of your scheduled appointment. (This includes “no show”)
Privacy
Destined for Distinction collects and uses your Personal Information in accordance with these Terms of Service and the Privacy Policy.
By accessing or using Destined for Distinction Services, you understand that your information will be treated in accordance with Destined for Distinction’s Privacy Policy and Terms of Service, as well as the general privacy principles in the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (“PIPEDA”).
If you do not want us to collect, use or disclose your Personal Information or Personal Health Information in the ways identified in the Agreement, you may choose not to use Destined for Distinction.
Consent
When you access or use our Services, you consent to our collection, use, disclosure, and storage of your Personal Information in accordance with these Terms of Service and the Privacy Policy.
You can withdraw your consent at any time by contacting Destined for Distinction in writing via email.
Access, Corrections, and Accuracy of your Personal Information
You can request access to or correction of your Personal Information by contacting us at welcome@destinedfordistinction.com
We rely on you to keep your Personal Information up-to-date and accurate so that we can serve you.
Disputes
Any controversy, dispute or claim arising out of, relating to, or in connection with this Agreement or any breach thereof, including any question regarding its existence, validity, or termination (the “Dispute“), shall be resolved as follows:
The Dispute shall be resolved expeditiously and in good faith by negotiation between the parties within twenty (20) days of either party receiving notice of dispute via email (either through the email provided to Destined for Distinction or welcome@destinedfordistinction.com) from the other party (the “Negotiation Period“).
Should the parties fail to resolve any Dispute within the Negotiation Period, the Dispute shall be finally and conclusively resolved by arbitration. The following provisions shall govern any arbitration hereunder: (a) The legal seat of arbitration shall be in Ontario; (b) The place of the arbitration shall be in Toronto, Ontario; (c) There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by the respondent of the request for arbitration, or in default thereof, appointed by the ADR Institute of Canada, Inc. in accordance with its Arbitration Rules of the ADR Institute of Canada, Inc.; (d) The language of the arbitration and award shall be English; (e) The parties shall equally share the fees of the arbitrator and the facility fees; (f) The parties shall each bear their own legal costs and expenses of the arbitration; (g) Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law; (h) The prevailing party shall be entitled to recover its legal fees and costs in any dispute resolved by binding arbitration.
General Provisions
The Agreement shall be governed by and construed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. The Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Toronto, Province of Ontario.
The Agreement is the entire and exclusive agreement between Destined for Distinction and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between Destined for Distinction and you regarding the Service, except that the Agreement may be supplemented by the terms of any Special Offer we may make to you from time to time.
You shall not assign or otherwise transfer the Agreement or any of its rights or obligations hereunder to any third party without our prior written consent, which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under the Agreement. Subject to the foregoing, the Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. You shall not be allowed to assign the Agreement to any third party without requiring your consent.
Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.
If a particular provision of the Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from the Agreement and shall not affect the validity of the Agreement as a whole.
Contact
If you have any concern, question, or complaint regarding the Agreement, please contact us at: welcome@destinedfordistinction.com
The current Agreement was last updated on May 4, 2025.