We aim to be an open and honest company and most of what is covered below is solely purposed for providing you and all our guests with the best service we are able to provide. If you have any concerns about what you read below please feel free to reach out for further clarification. 

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1. The Terms and Conditions

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The following are the terms and conditions (the "Agreement"), which govern your access and use of The Friendly Company Inc. platform through which our services may be provided (collectively the "Platform"). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website thefriendlycompany.com. and the friendlycompany.ca

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By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before using the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").

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   2. Who May Use The Platform

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YOU MUST BE AT LEAST 19 YEARS OLD TO USE OUR SERVICES. By using the Platform, you expressly represent that you are 19 years or older.

 

   3. Your Friends and Friendly Services

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By using the Platform, you are choosing to be connected to an individual employee (“Friend” or “Friends”) who will provide services to you through the Platform (the “Services”).

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All of our Friends are thoroughly vetted and trained, and have successfully passed a complete police background check. We do not require our Friends to be licensed doctors, psychologists, therapists, social workers, or counsellors, not do we require that they possess similar accreditation.

Friends are required to act within the Company’s guidelines, follow our training and report to us on a regular basis. It is important to note that the Platform’s role is limited in supporting the exact content of our Services, as the Services are the responsibility of the Friend who provides them. If you feel that the Services provided by a Friend do not fit your needs or expectations, you may change to a different Friend through the Platform only. 

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While we hope that our Services are beneficial to you, you understand, agree and acknowledge that our Services may not be the appropriate solution for your needs, and that they may not be appropriate for every particular situation, and/or may not be a complete substitute for a face-to-face examination, and/or care from a licensed professional.

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IF YOU ARE CONTEMPLATING SUICIDE, OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN CANADA) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN THE EVENT OF AN EMERGENCY, AND OUR FRIENDS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN THESE CIRCUMSTANCES.

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THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN EVALUATION WITH A LICENSED PROFESSIONAL.  FURTHER, THE PLATFORM CANNOT BE USED TO SATISFY ANY MANDATED ORDERS FOR COUNSELING. THE PLATFORM IS NOT TO BE USED TO OBTAIN INFORMATION WITH RESPECT TO MEDICAL TREATMENT, OR MEDICAL PRESCRIPTIONS. YOU MUST DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM OR THROUGH ONE OF OUR FRIENDS.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE RECEIVED THROUGH THE PLATFORM.

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   4. Code of Conduct

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You agree that users who violate our code of conduct may incur criminal or civil liability and be removed from the site and/or reported to relevant authorities. You agree to use the Services in accordance with the following code of conduct:

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1. Use of the Platform and your communications on the Platform are subject to all applicable laws, and you are solely responsible for your communication through the Platform;

2. You will not use the Platform to engage in harassing, threating, abusive, racist, obscene, defamatory, libelous, or fraudulent behavior, nor post communications that are harassing, racist, obscene, threatening, abusive, defamatory, libelous or fraudulent;

3. You will not use the Platform to promote any solicitation for funds, business, advertising, or solicitation for goods or services; nor to engage in meeting any Friend in person, dating or romantic advances of any sort; and

4. You will not engage in any communications which may victimize, degrade, or otherwise harass anyone group or individual on the basis of race, religion, sexual orientation, gender, ethnicity, age, or disability or otherwise discriminates by reason of an association to any group.

 

   5. Disclosure to Law Enforcement

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You agree that The Friendly Company Inc. may disclose customer data in order to cooperate with relevant law enforcement authorities without further consent or notification to you, upon a lawful request from a law enforcement agency. You agree that The Friendly Company Inc. has the right to cooperate with relevant law enforcement authorities for any violations of the law including abusive conduct, fraudulent conduct or otherwise illegal activity or in the investigation of suspected criminal violations.

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   6. Privacy and Security

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Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at www.thefriendlycompany.com/privacy (the ‘Privacy Policy’).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY WITH RESPECT TO CHANGES AND REVISIONS TO THIS AGREEMENT ALSO APPLY TO THE PRIVACY POLICY.

 

   7. Third Party Content

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The Platform may contain other content, products or services, which are offered or provided by third parties ("Third Party Content"). You agree that we have no responsibility or control over any Third Party Content, nor shall we be held liable for any damage or loss caused by any Third Party Content.

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   8. Disclaimer of Warranty and Limitation of Liability

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YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY FRIEND AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

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YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

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YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

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   9. Your Account, Representations, Conduct and Commitments

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You hereby confirm that you are legally able to consent to receive our Services, and that you  agree not to make use of the Platform for any of the following: (a) unsolicited communication and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; and (e) any content that may cause damage to a third party.

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You agree and commit not to violate any applicable laws, both provincially and nationally in relation to your use of the Platform and your relationship with our Friends.

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You agree that The Platform may change services, content, including prices without any notice to you. The Platform is not responsible for damage or injury to you, your computer system, or your phone system as a result of use of the Platform.

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The Friendly Company Inc. is not responsible for any communication that you engage in with a Friend outside of time scheduled and booked via the Platform. Your Friend is aware of his/her employment limitations, however we cannot control the actions of any single individual outside of our Platform. There is zero tolerance for Friends to meet in person or engage in Services outside of our Platform, and doing so will result in terminating your accessibility to the Platform.

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You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are authorized to use, and that all payment related information that you provide is accurate, current, and correct.

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You agree to pay all fees and charges associated with your account on a timely basis and according to the fee schedule published on the Platform. By providing us with your Payment Means, you authorize us to bill and charge you, and you agree to maintain valid Payment Means information in your account. A third party processor will be used to process your payment.

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If you have any concerns about a bill or a payment, please contact us immediately. We will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issue.

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   10. Cancellations, Missed Calls and Refunds

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Pursuant to our policy, we will attempt to contact you two times for your scheduled Friendly Telephone Call. Please be advised that we are unable to process a refund if you miss our attempts to contact you. 

 

Should you wish to cancel or reschedule a Friendly Telephone Call, please provide 24 hours advance notice. Notice can be made via our Contact Us page, or you may reply directly to the original e-mail confirmation. 

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   11. Modifications, Interruption and Disruptions to the Platform

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The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

 

   12. Termination of Use

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice to any client, for any reason including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.If we suspend or terminate your access to the Platform because you have breached this Agreement, you will not be refunded any monies paid for current or future Services.

 

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

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   13. Governing Law

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The laws of the Province of Ontario govern the use of the Platform. Any disputes arising from the use of the Platform shall be subject exclusively to the courts of the Province of Ontario, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods.

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   14. Indemnification

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You will indemnify, defend, and hold, the Platform, The Friendly Company Inc., its employees, independent contractors, service providers and consultants, and respective directors, officers, and Friends harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or account access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive the expiration or termination of this Agreement.

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   15. Important Notes About Our Agreement

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THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS EXCEPT AS SET FORTH IN THIS AGREEMENT.

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We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The date posted at the bottom of this Agreement is when the Agreement was last modified. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

 

Any failure by us to enforce or exercise any provision in this Agreement shall not constitute a waiver of that right or provision.

 

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

 

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

 

To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

 

The Platform reserves the right to keep or delete the content of your account, and shall not be responsible for the loss of any content.

 

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Last Updated and Effective: June 20, 2020