Terms And Conditions

DiveThru’s Website Terms & Conditions

Date of Last Amendment: February 4, 2025

Thank you for visiting divethru.com.

The divethru.com website (“Website”) is owned by DiveThru Inc. (“DiveThru,” “we,” “us,” “our”). Our head office is located at Bell Tower, 2100, 10104 103 Ave NW, Edmonton, AB T5J 0H8. DiveThru includes affiliated, related, or subsidiary companies, and our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, freelancers, agents, representatives, successors, and assigns.

The Website:

• is informational, providing information about DiveThru’s services, locations, and therapists, and how we and our therapists provide services (including virtual options); and
• serves as a portal to the DiveThru App, where our services (including a library of psychoeducational resources) and those of our therapists can be accessed.

These Website Terms & Conditions (“Website Terms”) apply to anyone who uses (visits, browses) the Website. By using the Website, you agree to abide by these Website Terms. Please review them carefully. These Website Terms are a binding legal contract between you and DiveThru.

If you cannot agree to these Website Terms, do not use our Website, i.e., leave the site now. If you have a question about these Website Terms, contact us at privacyofficer@divethru.com.

Please review our Website Privacy Policy. If you do not consent to our collection and use of information as explained there, please follow the procedures you will find in that Policy.

We may amend these Terms at any time without prior notice, but significant changes will be communicated via a notice on our Website or through registered user email communications.

DiveThru’s services are not suitable for crisis situations. If you are in immediate danger or need urgent care, please contact emergency services or your local crisis hotline. See resources available in Canada, the US and the UK here.

A. The Website as Portal to the DiveThru App

On the Website, there are  CTA (Call to Action) buttons/links marked “Find a Therapist,” “Download the app,” “Take me to the app,” Apply Now,” “Log In,” and “Sign Up.” 

If you are asked to enter personal identifying and/or contact information after clicking one of those buttons/links, you have exited the Website and entered the online version of the DiveThru App. (As well, the URL in your browser’s address bar will change from https://divethru.com/ to https://app.divethru.com/.) You may be able to access the DiveThru App Terms & Conditions and DiveThru App Privacy Policy before entering your personal identifying and/or contact information. If the link to the DiveThru App you are using does not provide that access, you will have an opportunity to review the DiveThru App Terms & Conditions and DiveThru App Privacy Policy once you enter the data requested and enter the DiveThru App.

If you review the DiveThru App Terms & Conditions and DiveThru App Privacy Policy after entering personal identifying and/or contact information and you decide that you do not wish to use the DiveThru App or our services, you can request to delete your account by following the directions within the app or by contacting us at privacyofficer@divethru.com. 

B. The Browser and Mobile Versions of the DiveThru App

The browser version of the DiveThru App has limited utility. It can be used to manage elements of your journey utilizing our services, including features like our matching tool, selecting a therapist, and booking an appointment. To access all of the information and services available on the DiveThru App, please download it on your mobile device. The mobile version of the DiveThru App is free on the Apple App Store and Google Play Store.

C. Who Can Use Our Website, the DiveThru App, and our Services

The Website is intended to be used by adults, although there is no inherent harm in a minor browsing its content.

However, access to the DiveThru App and our services are limited to adults. Minors (persons under the age of 18 or the age of majority where they live) must not access or attempt to access the DiveThru App and our services without the consent of a legal guardian. A parent is a legal guardian and either can consent unless separated or divorced. A parent with sole custody may provide consent. If separated or divorced parents have joint custody, both must consent before a minor can access the DiveThru App and/or our Services, including our therapy and assessment services. For further information about consent by a legal guardian who is not a parent, please contact us at privacyofficer@divethru.com.

The services of DiveThru’s therapists can only be used by residents of Alberta (at one of our studio locations or virtually), British Columbia (virtually), and Ontario (virtually).

Other information and services on the DiveThru App can be accessed and used without geographical restriction.

D. Use of the Website

a. Right to use

You are free to use (visit, browse) the Website without cost or obligation.

b. Information is not mental health counselling.

The information on the Website and the content on the DiveThru App, including Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises, are informational/educational only. Nothing on the Website or the DiveThru App is, should be considered as or substituted for, mental health counselling or psychotherapy. Website information and DiveThru App content do not constitute the practice of mental health counselling, or the provision of any other professional mental health advice, diagnosis, or treatment. If you are not sure if mental health counselling or psychotherapy will benefit you, you can connect with our team by reaching out to hello@divethru.com.

c. Your obligations

You agree that you will only use our Website for lawful purposes.

Without our prior written consent, which may be withheld at our sole discretion, you agree that you will not:

• copy, reproduce, use, or sell Website content, including, without limitation, Blog posts and all content on the DiveThru App, including, without limitation, Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises. 
• modify, distribute, or re-post any content on the Website or the DiveThru App for any purpose.
• use the content of the Website or the DiveThru App for any commercial purpose.

You agree that you will:

• not disrupt or interfere with the security of, or otherwise abuse, the Website, the DiveThru App, or any service(s), system resources, accounts, servers, or networks connected to or accessible through the Website, the DiveThru App, or an affiliated or linked website.
• not disrupt or interfere with any other user’s use or enjoyment of the Website, the DiveThru App, or an affiliated or linked website.
• not transmit through or on the Website, the DiveThru App, or an affiliated or linked website any viruses or other harmful, disruptive, or destructive files.
• not use, frame, or utilize framing techniques to enclose DiveThru’s trademark, logo, or other proprietary information (including images/text/videos/audio) found on our Website or the DiveThru App, or the layout/design of any page or form on our Website or the DiveThru App, without our prior written consent, which may be withheld at our sole discretion.
• not reverse engineer or create derivative works based on our Website or the DiveThru App or any content available through our Website or the DiveThru App, including, without limitation, software.
• not use meta tags or any other “hidden text” utilizing DiveThru’s name, trademark, logo, or other proprietary information without our prior written consent, which may be withheld at our sole discretion.
• not obtain or attempt to obtain unauthorized access to our Website or the DiveThru App or areas of the Website or DiveThru App that are restricted from general access

E. Protection of our Intellectual Property rights and your license to use the Website

You agree that the content on our Website, including text, graphics, images, software, sound (including spoken words and music), photographs, video clips, the content on the DiveThru App, including Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises, and content provided by therapists, sponsors, advertisers, or other users (“Intellectual Property”) is owned by DiveThru or the applicable third party and is protected by copyright, trademark, patent, or other proprietary rights and laws.

You agree that you will not use or display any of our trademarks, logos, or service marks without our prior written consent, which may be withheld at our sole discretion. You agree that you will not use or display any other trademarks, logos, or service marks displayed on our Website or the DiveThru App without the permission of the owners, which may be withheld at our sole discretion.

You are granted a non-exclusive, non-transferable, revocable, and limited license to view content on our Website for the purpose of obtaining information about our services and accessing the DiveThru App.

Except as expressly provided in these Website Terms, nothing on our Website will be construed as conferring any other license or right expressly, by implication, estoppel, or otherwise, to any of DiveThru’s or a third party’s Intellectual Property. All rights not expressly granted herein are reserved.

F. Disclaimer of all Warranties with respect to the Website

Our Website is provided on an “as-is” and “as-available” basis. Except as provided in these Website Terms and to the fullest extent permitted by applicable law, we expressly disclaim all warranties, express or implied, with respect to our Website and the DiveThru App or your use thereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Use of or reliance on our services and those of our therapists is at your own risk.

We do not warrant that our Website or the DiveThru App will meet your requirements, result in any particular outcome, or that access to one or both will be uninterrupted, timely and error-free, or that defects, if any, will be corrected. Except as expressly provided in these Website Terms, we make no warranties with respect to the accuracy, quality, or reliability of the information on our Website and the DiveThru App.

No advice or information obtained from us directly, through the Website or the DiveThru App, or from a therapist creates any warranty not expressly stated in these Website Terms. Without limiting the foregoing, this limitation applies to Solo Dives, Articles, Courses, Journal Bundles, and Mindfulness Exercises found on the DiveThru App, whether offered free of charge or upon payment of a fee. Without limiting the foregoing, we do not warrant that any information or advice provided on or through the Website or the DiveThru App is accurate, reliable, correct, or has therapeutic value. Nor do we warrant that our services will meet your requirements or result in a particular outcome.

You agree that any material and/or data downloaded or otherwise obtained from our Website or the DiveThru App is downloaded/used at your own risk and that you will be solely responsible for any damage or loss resulting from such use, including damage to your computer or device or for loss of data that resulted from the download.

We disclaim any responsibility for any product or service advertised or offered by a third party through our Website, the DiveThru App, or any linked website or service. We specifically disclaim any responsibility for services provided by therapists on or through the Website or DiveThru App.

G. General limitation on our liability

You agree that under no circumstances will we or our affiliated, related, or subsidiary companies, or our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, Website content contributors, freelancers, agents, representatives, successors, and assigns be liable for any indirect, special, incidental, or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages resulting from or associated with your use of our Website or the DiveThru App. This limitation applies regardless of the manner in which damages are caused or the theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Website or the DiveThru App; or (2) the cost of procuring substitute services.

H. Additional limitations on our liability

To the fullest extent that may be disclaimed at law:

• Without limiting the generality or applicability of section F (Disclaimer of all Warranties with respect to the Website) and section G (General Limitation on our liability) or any other provision in these Website Terms, we are not liable to you for failures to perform, failures to perform as described, or for delays in the performance of any services or obligations described in these Website Terms or elsewhere on our Website or the DiveThru App, whether such failure or delay resulted wholly or in part from any factor(s) within or beyond our direct and immediate control.
• We are not liable for costs or losses of any nature that you incur as a direct or indirect result of using our services or the services of our therapists, including costs or losses resulting from delays in the delivery of our or their services, whether or not such delays are reasonable. We are specifically not liable for direct or indirect costs or losses resulting from the absence of anticipated or possible therapeutic outcomes following interactions with our therapists.
• We are not liable to you for damages, costs, or losses resulting from disputes, including damages, costs, or losses of any nature that are the outcome of a legal dispute between you and any third party, including our therapists, even if the therapist(s) or we caused the damages, costs, or losses.
• We are not liable to you in relation to the purchase and use or reliance on our services or the services of our therapists, or any delays related thereto whether within or beyond our/their control, whether for breach of contract, warranty, negligence, strict liability, in tort (including negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) that result in (1) economic, commercial, or personal loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings), (2) any loss of goodwill or reputation, (3) any special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, damage to or deterioration of mental health, loss of use, loss of time, loss of employment or income, or inconvenience), whether such are suffered by a you, a family member (including a minor), your ward (if you are a legal guardian but not a parent), or a third party.
• In no event will our total liability to you arising out of or in any way related to your use of or reliance on our services or the services of our therapist(s) exceed the value of the services provided over the 12-month period immediately before the event giving rise to liability. “You” in this section H and anywhere else in these Website Terms includes, where contextually applicable, you personally, your family member (including a minor), your ward (if you are a legal guardian but not a parent), or a third party.

I. Indemnification

You agree to indemnify and hold harmless DiveThru and our affiliated, related, or subsidiary companies, and our shareholders, directors, officers, employees, contractors (including our therapists), subcontractors, Website content contributors, freelancers, agents, representatives, successors, assigns, co-branders, and suppliers from any and all liabilities, losses, claims (including but not limited to, claims for injunctive relief), demands, disputes, damages, losses, liens, causes of action, suits, civil, criminal, statutory, or administrative actions or proceedings, fines, taxes, assessments, penalties, judgments, and/or other expenses of any kind, nature, or description whatsoever (including but not limited to, our legal fees and expenses and costs of investigation) resulting from or in any way connected with (1) your use of our services or those of our therapists, (2) your use of information provided on our Website or the DiveThru App, (3) privacy (other than our statutory privacy obligations), tort, or other claims relating to the provision of personal information to DiveThru whether or not owned by you, and/or (4) your breach of these Terms. You warrant that, if applicable, you have the authority to bind your organization/employer/family member/etc. in connection with this and other Indemnifications and limitations of Warranty in these Website Terms.

J. Our remedies

To avoid irreparable injury to DiveThru, in the event of your breach or threatened breach of these Website Terms, we may seek an injunction and/or other equitable relief restraining such breach or threatened breach in a court of law. Nothing in these Website Terms will be construed as prohibiting us from pursuing any other remedies available for such breach or threatened breach, including the recovery of monetary damages from you and/or your organization/employer/etc.

K. Communication

You agree that any contact information you provide to us will be accurate.

If you reach out to us, you consent to us contacting you. You also consent to receive e-mails from us or on our behalf relating to our services, although you will be able to unsubscribe from marketing emails.

For further information, please review the DiveThru Website Privacy Policy.

L. Other Terms & Conditions for Use of our Website

DiveThru is committed to ensuring accessibility for all users. If you experience any accessibility barriers while using our Website, please contact us at hello@divethru.com.

For information on cancellations and refunds for therapy services booked through the DiveThru App, please refer to our Refund and Cancellation Policy.

DiveThru may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these Website Terms to any third party. 

Our delay in exercising any right or remedy under these Website Terms shall never operate as a waiver of that right or remedy and shall not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.

If any provision in this Agreement is held by a court or adjudicator of competent jurisdiction to be illegal, invalid, or unenforceable under any applicable law, the provision shall be construed and enforced as nearly as possible in accordance with the intent expressed on its face to the extent such construction and enforcement is permissible under applicable law, and the remaining provisions of this Agreement shall not be affected or impaired thereby.

These Website Terms supersede any terms previously published by us and any other representations or statements made by us to you, another user, or users generally, whether oral, written, or otherwise.

These Website Terms and any agreement of purchase and sale between you and DiveThru will be construed and governed by the laws of the province of Alberta, Canada. Any matters in dispute between you and DiveThru will be submitted to and determined by a court of competent jurisdiction in the province of Alberta. You irrevocably waive any claim of inconvenient forum.

We may, in our sole discretion, terminate or suspend the operation of our Website or the DiveThru App, or access to our Website or the DiveThru App without prior notice. We may do so for any reason that we determine to be appropriate.