TERMS OF USE

(AS OF 2024-03-25) You agree to be bound without limit or reservation by the following terms of use. If you do not accept all the conditions of this contract, you must not access our website or services in any way.

1 – Parties to the Contract

1.1 – This Contract is entered into between you, the user, and Nolos ("site owner").

2 – Object and Scope of the Contract

2.1 – This Contract contains general terms of use applicable to all products offered through the use of the website and applications of the site owner, as well as specific conditions for certain products only. Specific conditions that deviate from the general conditions take precedence over the latter.

GENERAL CONDITIONS

3 – Modifications to the Terms of Use

3.1 – The site owner may modify the conditions of this Contract at any time, without notice.

3.2 – You agree to be bound by the terms in force at the time you use the website and applications of the site owner.

4 – Consent to Receive Communications

4.1 – You hereby consent to receive informative or promotional communications by email, such as newsletters, blogs, or advertisements.

4.2 – You may unsubscribe from our mailing list at any time by clicking on the unsubscribe link at the bottom of our emails.

5 – Consent to Use Electronic Documents

5.1 – You hereby consent to the electronic exchange, between you and the site owner, of information and documents over the Internet or by email; if you are the recipient, at the email address you provided in your registration form. If the site owner is the recipient, at the following address: info@nolos.ca.

6 – Registration

6.1 – In order to access the website and applications of the site owner, you must use the username and password you provided to the site owner.

6.2 – You agree to protect your username and password and not to disclose or transfer them to third parties.

6.3 – If you have reason to believe that the security of a username or password has been compromised, you agree to immediately notify the site owner and to change your password, if possible. The site owner reserves the right to cancel any registration if it discovers that a password is used by more than one person or has been given to another person, whether that other person actually uses it or not.

7 – Payment

7.1 – When payment is due for the use of the website and applications of the site owner, you must pay the required fees, if any, by providing your credit card number. These fees are non-refundable.

7.2 – The site owner does not accept any other form of payment.

8 – Exclusion of Warranties and Limitation of Liability

8.1 – The content of the site, the services, and the tools are provided to you for your personal and non-commercial use. Under no circumstances does the site owner offer you legal advice or any other advice of any kind. The site owner, its partners, suppliers, and/or agents make no representation and give no warranty as to the functionality or condition of this website, the completeness and reliability of the content of the site, its relevance for use, or its use without interruption or error. All items, information, applications, products, and services published on this website and information contained in this website are provided to you "as is," without warranty of any kind. The site owner, its partners, suppliers, and/or agents disclaim any and all warranties or conditions, verbal or written, legal, express, or implied, including but not limited to warranties or conditions of fitness for a particular purpose, non-infringement, accuracy, absence of viruses, or suitability for a particular use or those provided by law or otherwise.

8.2 – Without limiting the generality of the foregoing, the site owner, its partners, suppliers, and/or agents make no representation and give no warranty that the items and information on this site, including but not limited to any software or tool accessible on or through this site, will be uninterrupted, error-free, defect-free, virus-free, or otherwise free from harmful elements, or that any such problems found will be corrected. These exclusions are in addition to any specific exclusions otherwise provided in these terms.

8.3 – The site owner, its partners, suppliers, and/or agents are not liable to you or any third party for any claims, losses, costs, expenses, or damages of any kind, including direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from this site and/or the site owner's partner sites, their content or tools, or access to or use of them. Without limitation and notwithstanding anything to the contrary, the site owner, its partners, suppliers, and/or agents are in no way liable to you or any third party for any claims, losses, expenses, or damages arising from or related to the following:
8.3.1. – The legal and tax consequences of your will, including any challenge.
8.3.2. – Any damage to the user's equipment.
8.3.3. – Any claim by a third party.
8.3.4. – Poor performance, delays, interruptions, communication line failures or system failures, including communication failures affecting the transmission, accuracy, or timeliness of information, material, messages, or instructions between you and the site owner and/or preventing information, material, messages, or instructions from being transmitted in whole or in part.
8.3.5. – Your inability to access, at any time, any part of this site or the site owner's partner sites, or any element of their content, or any services provided therein.
8.3.6. – Any damage or loss to your computer records or data, for any reason whatsoever, including viruses, worms, Trojan horses, or other programs or files that are intrusive, disruptive, or destructive.
8.3.7. – The interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information.
8.3.8. – The lack of suitability, reliability, punctuality, or availability of this site or any element of its content or services offered on this site.
8.3.9. – Failure by the site owner to take corrective measures.

8.4 – Your sole and exclusive remedy is to stop using this website and to stop accessing it.

8.5 – The above exclusions and limitations apply whether claims, losses, costs, or damages are based on a contract (including a breach of an essential term of a contract), a tort, or any other theory of liability, and these limitations and exclusions apply even if the site owner has been advised of the possibility of such claims, losses, costs, or damages.

8.6 – Notwithstanding the foregoing, the total liability of the site owner, its partners, suppliers, and/or agents arising from any cause (including, without limitation, breach of contract, negligence, gross negligence, or other cause) shall in no event exceed the amount you paid under this contract for the particular product or service to which the claim relates.

8.7 – Some provinces do not allow the exclusion of certain warranties or implied conditions in consumer transactions and/or the exclusion or limitation of moral, bodily, incidental, or consequential damages. Therefore, the above disclaimer provisions may not apply to you.

9 – Intellectual Property

9.1 – COPYRIGHT
9.1.1. – The elements appearing on this website (the "Content"), including texts, images, illustrations, photographs, software, audio clips, and videoclips, including the manner in which the Content is presented, are protected under the Copyright Act and other applicable intellectual property laws and belong to the site owner or are provided by it under license. The site owner makes no representation and gives no warranty that these elements do not infringe the rights of another person or entity. Please note that these elements are protected by the Copyright Act in Canada and in other jurisdictions as well as under applicable international conventions.
9.1.2. – The site owner makes every reasonable effort to identify copyright holders and ensure that the intellectual property rights related to the site Content are respected. If you believe you are the copyright holder of a document published on this website and object to its continued availability online, please contact us at info@nolos.ca to let us know. We will review your request and take the necessary steps in the circumstances.

9.2. – REPRODUCTION
9.2.1. – The site owner grants you a non-exclusive, non-transferable license to use and display the website and/or features on your computer or other electronic device for the purpose of single-screen display and reproduction, in one copy, for personal and non-commercial backup or paper printing purposes, provided that you do not modify the Content, retain the copyright notices, and respect all intellectual property rights.
9.2.2. – Any other use or reproduction of the Content, in any form whatsoever, including downloading, publishing, reproduction on another website, adding a hyperlink to Content, broadcasting on the Internet, or use for public or commercial purposes, modification, publication, distribution, in whole or in part, whether textual, graphic, audio, video, or executable, is prohibited unless you have obtained prior written authorization from the site owner.
9.2.3. – To obtain such authorization, please submit a written request to info@nolos.ca
9.2.4. – The request must include the following:
9.2.4.1. – Complete contact information of the requester (name, organization, address, telephone, and email).
9.2.4.2. – Full references to the texts, images, illustrations, photographs, software, audio clips, and videoclips covered by the request.
9.2.4.3. – Description of the intended use or reproduction.

9.3 – TRADEMARKS
9.3.1. – Trademarks, official marks, logos, and service marks appearing on this website, whether registered or not, including, without limitation, the testament design mark (collectively referred to as "trademarks"), are trademarks of the site owner or third parties licensing the site owner. The trademarks may not be used or reproduced without the written authorization of their respective owners. Nothing on this website shall be construed as granting you the right to use or reproduce trademarks.

9.4 – All rights not expressly granted herein are reserved.

9.5 – The site owner will enforce its intellectual property rights to the extent permitted by applicable law.

10 – Computer System Responsibility

10.1 – You are at all times responsible for any damage to your computer system caused by (i) the connection, configuration, compatibility of the various components of said system, (ii) the use of any material from any website, (iii) access to any website, or (iv) downloading data, software, or viruses. The site owner cannot assume any responsibility for illegal access to your computer system by hackers, the quality, reliability, compatibility, and speed of services rendered by an Internet service provider.

11 – Links to External Sites

11.1 – This website contains hyperlinks allowing users to visit sites operated by other organizations ("external sites"). These links are provided for the convenience of the user only. The site owner has not verified and does not explicitly or implicitly endorse external sites, the information or items accessible through these links, their accessibility, and assumes no responsibility for these external sites, the information or items displayed on them, or the products or services offered there.

12 – Damage to Others

12.1 – You agree not to introduce into this website or from it any information or items that may harm others, and, among other things, not to include in the items or information, knowingly or otherwise, errors or defects that may constitute defamation or obscenities, incite hatred, or otherwise result in a criminal offense or civil liability on the part of a person or entity.

13 – Termination

13.1 – Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your access, and this activity may be reported to the appropriate law enforcement authorities. The provisions of this Agreement regarding liability waiver, liability limitation, ownership, termination, and interpretation survive termination or expiration of this Agreement.
13.2 – If you do not accept the terms of this Agreement or any subsequent modifications thereto, or if you become dissatisfied with the website for any reason, your sole recourse is to immediately take the following steps: a) cease using the website and b) notify the site owner that you are terminating this Agreement.

14 – Modification of the Website

14.1 – The owner of the site may, at their discretion, modify or delete the website, including any features thereof, at any time, with or without notice. The owner of the site shall not be liable to you or anyone else for exercising this right. Modifications may include, but are not limited to, changes in the Content and/or fees for Services.

15 – Applicable Laws and Jurisdiction

15.1 – This Agreement, as well as all related transactions, shall be governed by the laws of the province of Quebec and the applicable laws of Canada in that province, and shall be treated in all respects as a contract entered into in Quebec, without regard to the principles governing conflicts of laws. The parties hereto submit to the exclusive jurisdiction of the courts of the province of Quebec.

16 – Contract Confirmation and Printing Request

16.1 – A contract between yourself and the owner of the site for the use of the Services shall be deemed to be entered into when you access our website and use our Services. You agree that this electronic Contract is equivalent to an original paper contract between the parties. Please print a copy for your records.

17 – Privacy Reminder

17.1 – The owner of the site respects your privacy. To review our privacy policy, including our processes for collecting, using, and disclosing your personal information, please refer to our Privacy Policy below.

SPECIFIC CONDITIONS

Will Drafting Application

18 – Cases Covered by the Will Drafting Platform

18.1 – The will drafting platform is a web application that allows you to create a basic will (Attested Will or intended to be notarized by a notary referred by the site owner) without using templates or having to write it yourself with complex guides.

18.2 – The will drafting platform is not intended for use by a person who cannot read or write, nor by a deaf and/or mute person.

18.3 – The will drafting platform is only intended for the simplest estate planning. By making your will using the will drafting platform, you agree to adapt to the proposed framework. If you use the will drafting platform when your situation would benefit from the intervention of a legal professional (notary or lawyer), you acknowledge that you have waived the right to legal advice and have voluntarily simplified your estate planning to use the will drafting platform.

19 – Validity of Your Will

19.1 – For Attested Wills (with or without Conservation):
19.1.1 – By choosing the "Attested Will" package, the will drafting platform will generate your will based on your answers, and make it available for download in PDF format on your customer account dashboard.
For your will to be valid, you must print it, date it, and sign it with your two (2) witnesses in the designated places (your initials and those of the witnesses on each page and signature at the end).
19.1.2 – Your witnesses must be of legal age and not be named as legatee or heir in the will.
19.1.3 – As your will is an Attested Will, it will have to undergo a verification procedure upon your death. This procedure is carried out either before a notary or before a court. This procedure incurs fees upon death, which are variable. By using the will drafting platform, you acknowledge that you have been advised that fees for will verification will be due upon your death.
19.1.4 – You agree that your will is a basic will that will contain only the following clauses, if applicable: a universal legacy, one or more specific legacies, a tutor nomination, a liquidator designation, a separate property clause, and an unseizability clause.

19.2 – For Notarial Wills:
19.2.1 – By choosing the "Notarial Will" package, you will entrust to a notary referred by Nolos the mandate to proceed with the drafting of a notarial will based solely on the information you have provided to the site owner via the will drafting platform. The notary who receives your will shall rely on the information you have provided, so it is your responsibility to provide complete and accurate information.
19.2.2 – For your will to be valid, you must participate in two meetings, one virtual for the will review and one for the signing meeting.
19.2.3 – By choosing the "Notarial Will" package, you understand that you must have the necessary computer equipment to participate in the meeting and sign the will.
19.2.4 – You agree that your will is a basic will that will contain only the following clauses, if applicable: a universal legacy, one or more specific legacies, a tutor nomination, a liquidator designation, a separate property clause, and an unseizability clause. If you wish to enhance your notarial will by adding elements and clauses other than these, the notary may require additional fees from you.
19.2.5 – This type of will does not need to be verified upon death.

20 – "Print of Your Attested Will" Option

20.1 – We offer you the possibility, for a fee, to print an original of your Attested Will for you and deliver it to you.

20.2 – Delivery is done via Canada Post.

20.3 – Your will will not be verified by a professional (lawyer or notary) before being delivered to you. It is your responsibility to verify the accuracy of the information before confirming the purchase of the option.

20.4 – The delivery option can be combined with the conservation option described below.

21 – "Attested Will Conservation" Option

21.1 – We offer you the possibility, for a fee, to keep one of the originals of your Attested Will safe from fire, water damage, theft, and destruction.

21.2 – The conservation is done in Quebec.

21.3 – You can request at any time that the original of your will be returned to you.

21.4 – This option entitles you to one (1) year of conservation of your will, and is automatically renewable for an additional fee. In the event of non-renewal, we will send you an email informing you that we are about to return your will by mail to your last known postal address. If the address indicated in the email is incorrect, you will have 30 days to notify us. Once this 30-day period has expired, we will return the original of your will by registered mail. If you fail to notify us of a change of address, you release us from any liability for the consequences of the loss of your will.

22 – Attested Will and Holograph Will Registry Registration

22.1 – Once the drafting of your Attested Will is completed, the date of download of your Attested Will will be automatically registered in our Attested and Holograph Will Registry. You will have the possibility to record the actual date of signature and the location of conservation of your will so that your heirs can more easily find your will in the event of your death.

22.2 – The registry does not contain a copy of your will, but only a mention of its existence, date of signature, and location of conservation.

22.3 – Upon your death, your heirs will be able to find your will more easily and quickly by requesting a search of our registry.

Application of Protection Mandate Design Tool (Incapacity Mandate)

23 – Cases Covered by the Protection Mandate Design Tool (Incapacity Mandate)

23.1 - The Protection Mandate Design Tool is a web application that allows you to create a basic protection mandate (attested or intended to be notarized by a notary referred by the site owner), without using templates and without having to write it yourself using complex guides.

23.2 – The Protection Mandate Design Tool (Incapacity Mandate) is not intended to be used by a person who cannot read or write, nor by a deaf and/or mute person.

23.3 – The Protection Mandate Design Tool (Incapacity Mandate) is only intended for the simplest cases. By creating your protection mandate with the Protection Mandate Design Tool (Incapacity Mandate), you agree to adapt to the proposed framework. If you use the Protection Mandate Design Tool (Incapacity Mandate) when your situation would benefit from the intervention of a legal professional (notary or lawyer), you acknowledge that you have voluntarily simplified your wishes in order to use the Protection Mandate Design Tool (Incapacity Mandate).

23.4 – Before taking effect, your protection mandate must be subject to a homologation procedure. This procedure is done either before a notary or before a court. This procedure involves fees, which are variable. By using the Protection Mandate Design Tool (Incapacity Mandate), you acknowledge that you have been advised that homologation fees would be payable.

24 – Validity of Your Protection Mandate

24.1 – For Attested Protection Mandates:
24.1.1 – The Protection Mandate Design Tool (Incapacity Mandate) will generate your protection mandate based on your answers, and will make it available for download in PDF format in your client account dashboard.
For your protection mandate to be valid, you must print it, date it, and sign it with your two (2) witnesses in the designated places (your initials and those of the witnesses on each page and signature at the end).
24.1.2 – Your witnesses must be of legal age and not be named as mandataries or alternate mandataries in the protection mandate.
24.1.3 – You agree that your protection mandate will be a basic protection mandate that will only contain the following clauses, if applicable: the appointment of a mandatary for property and personal care, a tutor appointment, and guidelines regarding your health care.

24.2 – For Protection Mandates Intended to be Notarized by a Notary:
24.2.1. – By choosing the "Notarial Protection Mandate" package, you will entrust a notary assigned to Nolos with the mandate to proceed with the closing of a notarial protection mandate based solely on the information you have provided to the site owner via the Protection Mandate Design Tool. The notary who receives your protection mandate will base it on the information you have provided, so it is up to you to provide complete and accurate information.
24.2.2 – For your protection mandate to be valid, you must attend two meetings, one virtual for the review of the protection mandate and one signing meeting.
24.2.3 – By choosing the "Notarial Protection Mandate" package, you understand that you must have the necessary computer equipment to participate in the meeting and to sign the protection mandate.
24.2.4 – You agree that your protection mandate will be a basic protection mandate that will only contain the following clauses, if applicable: the appointment of a mandatary for property and personal care, a tutor appointment, and guidelines regarding your health care. If you wish to enhance your notarial protection mandate by adding elements and clauses other than these, the notary may require additional fees from you.

25 – "Attested Protection Mandate Printing" Option

25.1 – We offer you the possibility, for a fee, to print for you an original of your Attested Protection Mandate and deliver it to you.

25.2 – Delivery is done via Canada Post.

25.3 – Your protection mandate will not be verified by a professional (lawyer or notary) before being delivered to you. It is your responsibility to verify the accuracy of the information before confirming the purchase of the option.

PRIVACY POLICY

Nolos has adopted a Privacy Policy in compliance with the Private Sector Privacy Act, available at nolos.ca/en/info/#policies