1. Your Acceptance of this Agreement
This is an Agreement between you and Instant Notary | A Mamann, Sandaluk & Kingwell LLP Company (“Instant Notary“), and governs your use of the Instant Notary Website www.instantnotary.ca and its content (collectively the “Website“). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
2. No Lawyer-Client Relationship
No lawyer-client, advisory, or fiduciary relationship is created by this Agreement or your use of the Website or your communication with a Instant Notary professional by e-mail or through the Website.
3. No Professional Advice
The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; legal or any other kind of advice; or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Website.
The Website may not be used to request legal advice or to transmit to Instant Notary any confidential information. Information transmitted to Instant Notary through the Website may not be secure, may not be treated as confidential or protected by lawyer-client privilege, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
4. Permitted Users and Access
The Website may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
5. Disclaimer and Liability Exclusion
INSTANT NOTARY DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY INSTANT NOTARY TO THE FULLEST EXTENT PERMITTED BY LAW. INSTANT NOTARY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON.
6. Personal Information Privacy
7. Ownership and Permitted Use of the Website
The Website, including all of its content, is the property of Instant Notary and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Instant Notary.
8. Trade-mark Information
Any use of the trade-names, trade-marks, service-marks and logos displayed on the Website (collectively “Marks“), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
9. Other Sites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites“). Other Sites are independent from Instant Notary, and Instant Notary has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
10. No Framing, Mirroring, Scraping, Data-Mining and Postings
You may not reproduce or store any part of this site on any other Website without our prior consent. To request permission or consent, please contact Instant Notary at email@example.com.
11. Termination of this Agreement and the Website
12. Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Instant Notary and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
13. Changes to this Agreement
Instant Notary may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
14. Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Instant Notary relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Instant Notary with respect to your use of the Website.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of Instant Notary and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Instant Notary which may be withheld in Instant Notary’s sole discretion. Instant Notary may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.
Why do we collect Your Personal Information?
In general, Instant Notary collects, uses, may need to disclose Personal Information about our clients and service providers in order to provide our clients with professional legal services. More specifically, we collect, use and disclose your Personal Information for the following purposes:
to establish and manage client relationships, provide legal advice, perform legal services, fulfill legal duties, and avoid conflicts of interest. This may include the sharing of Personal Information by and between Instant Notary personnel and affiliated companies and partnerships for such purposes;
to share Personal Information to and from third parties for the purpose of providing legal services. Such third parties may include government agencies, opposing parties; parties in interest; opposing, foreign and other counsel and advisors; witnesses; decision-makers; and experts;
to consider whether Instant Notary should establish a commercial relationship with clients, suppliers and other third parties, including to evaluate credit standing and to match credit bureau or credit reporting agency information;
to establish and maintain commercial relationships with clients, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfill contractual obligations;
to understand and respond to client, supplier and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research and evaluations;
to develop, enhance, market, sell or otherwise provide Instant Notary’s services;
to market, sell or otherwise provide services of third parties with whom Instant Notary has a commercial relationship;
to distribute our newsletters, conference information and other material to individuals on our mail and e-mail lists, including via third-party mailing houses and e-mail service providers;
to develop and manage our precedent systems and databases;
to develop and manage Instant Notary’s business and operations;
to detect and protect Instant Notary and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with MSK policies and contractual obligations;
to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Instant Notary;
as permitted by, and to comply with, any legal or regulatory requirements or provisions;
and for any other purpose to which you consent.
To whom do we disclose Your Personal Information?
From time to time, Instant Notary may disclose your Personal Information to:
service providers, including an organization or individual retained by Instant Notary to perform functions on its behalf, such as marketing, data processing, document management and office services;
an organization or individual retained by Instant Notary to evaluate your creditworthiness or to collect debts outstanding on an account;
a financial institution, on a confidential basis and solely in connection with the assignment of a right to receive payment, the provision of security or other financing arrangements; or
a person who, in the reasonable judgment of Instant Notary, is providing or seeking the information as your agent;
to our insurers and to regulatory agencies such as provincial law societies, insurers or others in connection with regulatory or other activities relating to the obligations of Instant Notary and its practice of the profession of law; and
any third party or parties, where you consent to such disclosure or where disclosure is required or permitted by law.
Where do we Store Your Personal Information?
Your Personal Information is stored in secured locations and on servers controlled by Instant Notary, located either at our offices or at the offices of our service providers.
How May You Obtain Access to Your Personal Information?
Upon your written request, subject to certain exceptions, Instant Notary will inform you of the existence, use and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information below.
How do we protect Your Personal Information?
To help protect the confidentiality of your Personal Information, Instant Notary employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information. Where Personal Information is sent to a third party for processing we ensure, through our contacts with them, that all Personal Information is kept secure. We operate secure data networks protected by industry standard firewall and password protection systems.
Privacy and Our Website
Online Communications – In order to provide our website visitors with a service or information, visitors may voluntarily submit Personal Information to us for purposes such as asking a question, obtaining information, reviewing or downloading a publication, participating in a seminar or other event, and participating in contests and surveys. If you are known to Instant Notary as a registered user of an online service, we may combine and store Personal Information about your use of our website and the online information you have provided with certain other online and offline information we may have collected.
E-mail Communications – Occasionally, we may send marketing or promotional e-mail communications to you with information that may be useful, including information about the services of Instant Notary and other third parties with whom we have a relationship. We will include instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future marketing or promotional e-mails from Instant Notary.
Links – Our website may contain links to other websites which are provided as a convenience only. Visitors are advised that other third party websites may have different privacy policies and practices than Instant Notary, and MSK has no responsibility for such third party websites.
Instant Notary | A Mamann, Sandaluk & Kingwell LLP Company
Chief Privacy Officer
103 Church Street, Suite 200
Toronto, M5C 2G3