DECODE Insomnia Program Online Platform User Agreement

 

Terms and Conditions 

DECODE Insomnia Incorporated (the “Provider”) agrees to provide you with access to the DECODE Insomnia Program Online Platform (the “Program”) upon the following terms and conditions.  By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions. 

Effective Date 

This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date. 

Program 

The DECODE Insomnia Program online platform is a digital course that incorporates strategies from cognitive-behavioural therapy for insomnia (CBT-I) to address chronic insomnia, sleep timing concerns, and inadequate/poor quality sleep. It is in the format of a do-it-yourself course, though it is meant to interface with individual support provided in OHIP-covered appointments at the DECODE Insomnia Clinic during Phase 1 and in psychotherapy sessions in Phase 2. The DECODE Insomnia Program is only available to individuals 13+ in Ontario who have already had a consultation at the DECODE Insomnia Clinic. 

Participants have the option to purchase Phase 1 of the Program without being required to purchase Phase 2 of the program at a later date.  The Provider agrees to provide access to all of the Program features as described in the specific Phase 1 Program sales pages on the date of purchase for 190 days

After completion of Phase 1, participants have the option to continue with Phase 2 of the program.  The Provider agrees to provide access to all of the Program features as described in the specific Phase 2 Program sales pages on the date of purchase for 190 days. 

Program features may include video lessons, forms, worksheets, checklists, other PDF documents, audio guidance, all of which are housed in Kajabi (until February 2025) and/or Membership.io (as of January 2025).

Please be aware that the Program is currently delivered entirely in English and no translations are provided for videos or text.

Limited License 

By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. 

The Participant is granted the right to download, store and print single copies of the worksheets and workbook comprising the Program.  

Participants are not permitted to download any of the video lessons to their personal devices for use or access outside of the Kajabi or Membership.io platforms. If a participant is suspected to have downloaded video content from the course for use on their personal devices, a further investigation and legal action may be taken. You are not permitted to download, distribute, sell, rent, lease, loan, or otherwise transfer any Course Content to your personal devices or to any third party in any format. This includes all forms of digital and physical copying or reproduction.

All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider.  Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.

Copyright 

The content of the DECODE Insomnia Program is protected under the Copyright Act (Canada), as well as other applicable laws, policies, regulations, and international agreements governing intellectual property rights. Except as expressly granted in the limited license, any use of the Program—including modification, transmission, presentation, distribution, republication, or other forms of exploitation, whether in whole or in part—is strictly prohibited without the prior written consent of DECODE Insomnia Inc.

All intellectual property rights, including copyright for materials in the Program, remain with DECODE Insomnia Inc.. You may use these materials for personal learning purposes only. Reproduction, duplication, or distribution of any content to third parties, whether for free or as part of a sale, is prohibited. This includes the teaching, imitation, or sale of any frameworks, methods, or teachings from the course.

You are not permitted to recreate, share, or sell any part of the course curriculum, trainings, worksheets, or templates. Sharing your login credentials with others for access to the Program is also prohibited. Any students found to be sharing accounts will have their access to the DECODE Insomnia Program online platform revoked immediately.

If any participant is suspected of infringing upon the copyright or intellectual property of the Program—whether by selling products or services that use proprietary methods, trade secrets, or digital resources from the course—DECODE Insomnia Inc. reserves the right to investigate and pursue legal action as necessary.

Participants are not authorized to teach or coach using the methods shared in the Program without explicit written consent from DECODE Insomnia Inc. To inquire about certification for teaching or coaching, please email [email protected].

Course Registration

The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Fees 

Prices may be subject to change without notice to the Participant.  The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.

Credit Card Authorization 

By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement. 

Refunds

Phase 1 Online Program Platform:  

To claim a refund (minus a 25 dollar administrative fee), please send an e-mail to [email protected] within 14 days of your registration for the Program.  You will be required to provide in your e-mail the name of the Product, the date of purchase, the payment method and the name and e-mail address of the Participant and purchaser.   The refund will be processed 14 days by the Provider via the original payment method.

Phase 2 Online Program Platform: 

Phase 2 participants pay a session fee directly to the psychotherapist.  The session fee includes access to the Phase 2 online platform content.  Sessions that have already been held with the psychotherapist cannot be refunded.  With the exception of the first session, participants are invoiced and pay the session fee after completion of the session.  If the participant has not yet attended the first session, participants can request a refund (minus a $25 administrative fee) from the psychotherapist within 14 days of purchase.  At least 48 hours notice must be given to the psychotherapist to cancel an appointment.

 

Feedback and Complaints

If you have any feedback or you would like to make a complaint, please do so in writing by emailing [email protected].

Customer Service Requests 

If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at [email protected].

Privacy

The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in the Province of Ontario and if applicable, the jurisdiction of the Participant.  The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program.  The full privacy policy of the Provider is available here. In addition to receiving applicable Program correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program.  The Participant may unsubscribe from any such marketing lists without affecting access to the Program.

Passwords 

Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.

Legal Disclaimer – Not Professional Advice

The Provider provides the information contained in the Program to the Participant for informational and educational purposes only and should not be considered therapeutic or medical advice. The information contained in the Program, including any interactions with instructors, and participation in any social media groups or chats, and shall not be understood or construed as professional advice.  The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.

Legal Disclaimer – Doctor-Patient Relationship with Course Creator

Participation in this program alone does not establish a patient-doctor relationship with the creator of the program, Dr. Cara Ooi.

Legal Disclaimer - Program Results

It’s not possible to provide any guarantees that you will experience any specific results.  Failure to complete the self-study materials, follow the outlined suggestions, and attend interview practice sessions will limit your ability to benefit from the information provided and will significantly limit any results.

It is your individual responsibility to apply what is shared and taught in the course to your personal circumstances both during the course and afterwards. Each individual is unique and their starting position and commitment to the course is unique to them. The aim is that following completion of the course you will have new information, strategies and techniques and create an effective marketing strategy.

Legal Disclaimer – Technology

The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever.  The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.

Limitation of Liability

Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.

Disclaimer of Warranties

The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.

Release and Indemnity

The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.

Governing Law and Jurisdiction

The Program is operated by the Provider within the Province of Ontario, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario, with respect to all matters relating to their access to and use of the Program.

Entire Agreement 

This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.

 

Last Updated: September 27, 2024