(VERSION AS OF 2022-10-01)
1 – Parties to the Agreement Contract
1.1 – This Agreement is between you, the user, and Nolos (“Site Owner”).
2 – Purpose and Scope of the Agreement
2.1 – This Agreement contains general terms and conditions of use applicable to all products offered through the use of the Site Owner’s websites and applications, as well as specific terms and conditions applicable to only some of them. The specific conditions that deviate from the general conditions take precedence over the latter.
GENERAL TERMS AND CONDITIONS
3.1 – The Site Owner may modify the terms and conditions of this Agreement at any time, without notice.
3.2 – You agree to be bound by the terms and conditions that are in effect at the time you use the websites and applications of the Site Owner.
4 – Consent to receive communications
4.1 – You hereby consent to receive informational 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 the use of electronic documents
5.1 – You hereby consent to the electronic exchange of information and materials between you and the Site Owner over the Internet or by e-mail; if you are the recipient, to the e-mail address you provided in your registration form. If the Site Owner is the recipient, to the following address: email@example.com.
6 – Registration
6.1 – In order to access the Site Owner’s websites and applications, you will need to use the username and password that you provide to the Site Owner.
6.2 – You agree to protect your username and password and not to disclose or transfer them to any third party.
6.3 – If you have reason to believe that the security of a user name or password has been compromised, you agree to immediately notify the Site Owner and to change your password, where possible. The Site Owner reserves the right to cancel any registration if it discovers that a password is being used by more than one person or that it has been given to another person, whether or not that other person actually uses it.
7 – Payment
7.1 – Where payment is due for the use of the Site Owner’s websites and applications, you will be required to pay the required fee, 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 made available to you for your personal, non-commercial use. Under no circumstances does the Site Owner offer you legal or other advice of any kind. The Site Owner, its partners, suppliers and/or agents make no representations or warranties about the functionality or condition of this website, the completeness or reliability of the content, its suitability for use, or its use in an uninterrupted or error-free manner. All materials, 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 all warranties or conditions, written or oral, statutory, express or implied, including, without limitation, warranties or conditions of fitness for a particular purpose, non-infringement, accuracy, freedom from viruses or fitness for a particular purpose or those arising by law or otherwise.
8.2 – Without limiting the generality of the foregoing, Site Owner, its partners, suppliers and/or agents make no representation or warranty that the materials and information on this site, including without limitation any software or tools accessible on or through this site, will be uninterrupted, free of errors, defects, computer viruses or other harmful components, or that any such problems which are discovered will be corrected. These exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions.
8.3 – The Site Owner, its partners, suppliers and/or agents shall not be liable to you or any third party for any claims, losses, costs, expenses or damages whatsoever, including direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this site and/or the Site Owner’s partner sites, their content or tools, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, Site Owner, its partners, suppliers and/or agents shall not be liable to you or any third party for any claims, losses, expenses, costs or damages arising out of or related to the following:
8.3.1. – The legal and tax consequences of your Will, including any challenges;
8.3.2. – Any damage to User’s equipment;
8.3.3. – Any claim by a third party;
8.3.4. – Counter-performance, delays, interruptions, communication line 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 the 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 website or the websites of the Site Owner’s partners, or any of their content, or any of the services provided therein;
8.3.6. – Any damage to or loss of your computer files or data for any reason, including viruses, “worms”, “trojan horses” or other intrusive, disruptive or destructive programs or files;
8.3.7. – Interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
8.3.8. – Lack of suitability, reliability, timeliness or availability of this site or any of its content or services offered on this site;
8.3.9. – The failure of the Site Owner to take corrective action.
8.4 – Your sole and exclusive remedy is to discontinue using and accessing this website.
8.5 – The above exclusions and limitations apply whether the claims, losses, costs or damages are based on contract (including breach of an essential term of contract), tort or any other theory of liability, and these limitations and exclusions apply even if Site Owner has been advised of the possibility of such claims, losses, costs or damages.
8.6 – Notwithstanding the foregoing, in no event shall the aggregate 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 otherwise) exceed the amount paid by you 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 implied warranties or 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 materials on this website (the “Content”), including but not limited to text, images, illustrations, photographs, software, audio clips and video clips, including the manner in which the Content is presented, are protected under the Copyright Act and other applicable intellectual property laws and are owned or licensed by the Site Owner. The Site Owner does not represent or warrant that such material does not infringe the rights of any other person or entity. Please note that these materials are protected under the Copyright Act in Canada and in other jurisdictions as well as under applicable international conventions.
9.1.2. – The Site Owner makes all reasonable efforts to locate copyright owners and to ensure that the intellectual property rights in the Content of the website are respected. If you believe that you are the copyright owner of a document published on this website and you object to its continued availability online, please contact us at firstname.lastname@example.org to let us know. We will consider your request and take appropriate action 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 the Features on your computer or other electronic device solely for the purpose of single-user screen display and reproduction, in one copy, for backup or hard copy, for personal, non-commercial use, provided that you do not modify the Content, that you retain all copyright notices and that all intellectual property rights are respected.
9.2.2. – Any other use or reproduction of the Content, in any form, including downloading, publishing, reproducing on another site, hyperlinking to the Content, posting on the Internet or using for public or commercial purposes, modifying, publishing, distributing, in whole or in part, whether in text, graphic, audio, video or executable form, is prohibited unless prior written permission is obtained from the owner of the site.
9.2.3. – To obtain such permission, please send a written request to email@example.com
9.2.4. – The request must include the following:
220.127.116.11. – Complete contact information for the applicant (full name, organization, address, telephone, and email) ;
18.104.22.168. – Complete references of the texts, images, illustrations, photographs, software, audio clips and video clips covered by the application;
22.214.171.124. – Description of the purpose of the use or reproduction requested.
9.3 – TRADEMARKS
9.3.1. – The trademarks, official marks, logos and Service marks appearing on this website, whether registered or unregistered, including without limitation, the Will Design Mark (collectively, the “Marks”) are marks of the Site Owner or of third parties licensed to the Site Owner. The Marks may not be used or reproduced without the written permission of their respective owners. Nothing on this website should be construed as granting you any rights to use or reproduce the Marks.
9.4 – All rights not expressly granted herein are reserved.
9.5 The owner of this website will enforce its intellectual property rights to the fullest extent permitted by applicable law.
10 – Responsibility for the computer system
10.1 – You remain at all times responsible for any damage caused to your computer system 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) the downloading of data, software or viruses. The Site Owner cannot assume any responsibility for unauthorized access to your computer system by hackers, the quality, reliability, compatibility and timeliness of services rendered by any 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. Site Owner has not reviewed and does not expressly or implicitly endorse External Sites or any information or material accessible through these links, or the accessibility thereof, and does not assume any responsibility for any such External Sites, information or material posted thereon, or products or services offered thereon.
12 – Damage to Others
12.1 – You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.
13 – Termination
13.1 – Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your access, and such activity may be reported to appropriate law enforcement authorities. The provisions of this Agreement regarding disclaimer, limitation of liability, ownership, termination and interpretation of this Agreement shall survive the termination or expiration of this Agreement.
13.2 – If you do not agree with the terms of this Agreement or subsequent modifications thereto or if you become dissatisfied with the website for any reason, your sole remedy is to immediately: (a) discontinue using the website; and (b) notify the Site Owner that you are terminating this Agreement.
14 – Modification of the website
14.1 – The Site Owner may, in its sole discretion, modify or discontinue the website, including any features contained therein, at any time, with or without notice to you. The Site Owner shall not be liable to you or anyone else if it exercises this right. Changes may include, but are not limited to, changes in Content and/or fees for the Services.
15 – Governing Law and Applicable Courts
15.1 – This Agreement, and all related transactions, shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a contract made in Quebec, without regard to conflict of laws principles. The parties hereto attorn to the exclusive jurisdiction of the courts of the Province of Quebec.
16 – Contract Confirmation and Print Request
16.1 – A contract between you and the Site Owner for the use of the Services will be effectively entered into when you access our website and use our Services. You agree that this Agreement in electronic form is the equivalent of an original written paper contract between the parties. Please print a copy for future reference.
17 – Privacy Reminder
SPECIFIC TERMS AND CONDITIONS
Will Design Application
18 – Cases covered by the will design platform
18.1 – The will design platform is a web application that allows you to create a basic will (before witnesses or to be notarized by a notary referred by the owner of the site), without having to use templates and without having to write it yourself using complex guides.
18.2 – The will design platform is not designed to be used by a person who cannot read or write, nor by a deaf and/or mute person.
18.3 – The will design platform is only intended for the simplest of estate planning. By making your will with the will design platform, you agree to adapt to the proposed framework. If you use the will design platform when your situation would benefit from the intervention of a legal professional (notary or lawyer), you acknowledge that you have waived the need for legal advice and that you have voluntarily simplified your estate planning in order to use the will design platform.
19 – Validity of your will
19.1 – For Attested Wills (made before witnesses) :
19.1.1. – By choosing the “Attested Will” package, the Will Design Platform will generate your Will based on your answers, and make it available for download in PDF format in your client account dashboard.
For your will to be valid, you will need to print it, date it and sign it with your two (2) witnesses where provided (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 named as a legatee or heir in the will.
19.1.3. – Because your will is a witnessed will, it must be probated upon your death. This procedure is done either before a notary public or in court. This procedure implies fees at the time of your death, which are variable. By using the will design platform, you acknowledge that you have been advised that fees for the probate of your will will be payable upon your death.
19.1.4 – You agree that your will is a basic will that will contain only the following clauses, if any: a universal bequest, a particular bequest(s), a guardian appointment, an executor appointment and a non-seizability clause.
19.2 – For wills intended to be notarized by a notary public :
19.2.1. – By choosing the “Notarial will” package, you are entrusting a notary/notary office referred by the site owner with the mandate to proceed with the closing of a notarized will solely on the basis of the information that you will have provided to the site owner via the will design platform. The notary/referred notary’s office that receives your will will be based 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 virtual meetings, one for review and one for signing.
19.2.3 – By choosing the “Notarial Will” package, you understand that you must have the necessary computer equipment to participate to the virtual meetings.
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 particular legacies, the appointment of a guardian, the designation of a liquidator and a seizure-proof clause. If you wish to improve your notarial will by adding elements and clauses other than these, the notary may charge you additional fees, corresponding to his usual fees and depending on the work required to integrate these additional clauses.
19.2.5. – This type of will does not have to be probated at death.
20 – Print your will option
20.1 – We offer you the possibility, for a fee, to print an original of your will before witnesses and to deliver it to you.
20.2 – Delivery is made 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 storage option described below
21 – Storage of your will option
21.1 – We offer you the possibility, for a fee, to store one of the originals of your Attested Will protected from fire, water damage, theft and destruction.
21.2 – The storage is done in Quebec.
21.3 – You may request that the original of your will be returned to you at any time.
21.4 – This option gives you the right to keep your will for one (1) year, 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 in the process of returning your will by mail to your last known mailing address. If the address in the email is not correct, you will have 30 days to notify us. Once the 30-day period has expired, we will return your original will to you by registered mail. If you fail to notify us of a change of address, you release us from any responsibility for the consequences of losing your will.
22 – Registration in the Holographic and Attested Wills Registry
22.1 – Once the making of your witnessed will is complete, the date of uploading of your witnessed will will will be automatically entered in our Holographic and Witnessed Wills Registry. You will have the opportunity to record the actual date of signing and the location of your will so that your heirs can more easily find your will in the event of your death.
22.2 – The register does not contain a copy of your will, only a record of its existence, date of signing and location.
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.
Power of attorney (protection mandate) design application
23 – Cases covered by the power of attorney (protection mandate) design platform
23.1 – The power of attorney (protection mandate) design platform is a web application that allows you to design a basic power of attorney (protection mandate), without having to use templates or write it yourself using complex guides.
23.2 – The power of attorney (protection mandate) design platform is not designed to be used by a person who cannot read or write, nor by a deaf and/or mute person.
23.3 – The power of attorney (protection mandate) design platform is only intended for the simplest of cases. By making your power of attorney (protection mandate) with the platform, you agree to adapt to the proposed framework. If you use the platform to design a power of attorney (protection 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 platform to design a power of attorney (protection mandate).
24 – Validity of your power of attorney (protection mandate)
24.1 – The power of attorney (protection mandate) design platform will generate your power of attorney (protection mandate) based on your answers, and make it available for download in PDF format in your client account dashboard.
24.2 – For your power of attorney (protection mandate) to be valid, you will need to print it, date it and sign it with your two (2) witnesses where indicated (your initials and those of the witnesses on each page and signature at the end).
24.3 – Your witnesses must be of the age of majority and not be named as an agent or substitute agent in the power of attorney (protection mandate).
24.4 – Before your power of attorney (protection mandate) can take effect, it must go through a homologation process. This procedure is done either before a notary or in court. This procedure involves fees, which vary. By using the power of attorney (protection mandate) design platform, you acknowledge that you have been advised that probate fees may be payable.
24.5 – You agree that your power of attorney (protection mandate) will be a basic protection mandate that will contain only the following clauses, if applicable: the appointment of a mandatary for property and person, the appointment of a guardian, and guidelines for your health care.
1 – Personal Information
1.1 – Personal information is information that identifies or relates to an individual. It includes information that can be associated with you, such as your name, address, telephone number or e-mail address.
2 – No collection of personal information during browsing
2.1 – The Site Owner does not collect personal information about you unless (1) you voluntarily register for a specific service that requires you to provide such information, (2) you send an e-mail to the Site Owner, or (3) you access your account online.
3 – Service Requests
3.1 – Personal information about you, obtained by the Site Owner during your browsing, comes from you. Depending on the type of services you request, the Site Owner may require one or more of the following pieces of information: first name, last name, user name, telephone number, mailing address, e-mail address and credit card number.
3.2 – The Site Owner collects this personal information only if you voluntarily choose to provide it. Personal information about you is used by the Site Owner to enable it to respond to your needs and provide you with information about specific services, including for the following purposes:
3.2.1. – communication;
3.2.2. – transaction management;
3.2.3. – statistics;
3.2.4. – Service improvement;
3.2.5. – development and pruning of our collections
3.3 – Please note that in some areas of the website, you may submit credit card information in order to make a purchase. Your online transactions are secured by the site owner. Your credit card information is sent in the form of an encrypted e-mail message to ensure the confidentiality of the information contained therein. Consequently, this message cannot be intercepted, altered or decoded by an intermediary. The owner of the site complies with SSL secure transmission standards, which means that your transactions will always be carried out securely.
4 – Access
4.1 – Your personal information will be retained by the Site Owner. You may access your personal information during business hours by sending a written request to Nolos, 725 Lebourgneuf Boulevard, Suite 310.03, Quebec City, Quebec, G2J 0C4.
4.2 – You may also request that any of your personal information be corrected, if appropriate. A response will be provided within 30 days of your request. If, for any reason, the request for access or rectification of your Personal Information is denied, the reasons for the denial will be communicated to you in writing. If a photocopy of your Personal Information is requested, a reasonable fee may be charged and you will be notified in advance.
5 – Disclosure of Personal Information
5.1 – The Site Owner will not disclose any personal information collected through this website to anyone without your consent, except that the Site Owner reserves the right to disclose such personal information in connection with legal proceedings, in connection with a pilot project or partnership provided for herein, or as required by law.
5.2 – Except as provided herein, Site Owner will not monitor, edit or deliberately disclose the content of your private communications or records unless required to do so by law or in the good faith belief that such action is necessary to comply with the law or legal process, to protect itself, its rights or property, or to cooperate in the detection or prevention of illegal activity.
6 – Other information obtained for statistical purposes
6.1 – When you access this site, certain information is automatically collected, but none of this information identifies you personally. This information includes the domain name and IP address with which you access this site, the type of browser and the operating system you are using. Site Owner uses this information for statistical purposes to analyze website traffic, to help diagnose technical problems, or to administer its website and improve your website experience. The site owner may retain the content of your e-mails, your e-mail address and its responses in order to respond to any further questions you may have.
7 – Cookies and Log Files
8 – Security and risks related to the Internet
8.1 – Efforts and safeguards are taken by the Site Owner to ensure that no third party will access or obtain your personal information through this website; for example, the Site Owner uses secure database access, firewalls and user IDs and passwords. Notwithstanding the foregoing, complete confidentiality and security is not currently guaranteed on the Internet. Any unencrypted electronic communication transmitted over the Internet is neither secure nor confidential and is subject to possible interception, loss or alteration. You acknowledge and agree that the Site Owner, its partners, suppliers, agents and their respective directors, officers and employees are not responsible for and shall not be liable to you or any third party for any damages of any kind, whether direct, indirect, incidental, special or consequential, arising out of the transmission of confidential information or personal information via the Internet and that such communications are at your own risk.
9 – Monitoring
9.1 – You acknowledge that Site Owner may monitor access to and use of this website and any other activities relating thereto, and may intervene in relation thereto, but Site Owner makes no representation or warranty that it will or will not do so. You hereby consent to such monitoring and intervention.
10 – Links to Other Sites
10.1 – The website may contain hyperlinks that allow users to visit other sites operated by other companies, but these sites are not operated in accordance with the privacy practices of the site owner. When you click through to these other sites, these practices no longer apply. We recommend that you review the privacy statements of all sites operated by third parties to understand their procedures for collecting, using and disclosing your personal information. These links are provided for the convenience of the user only. The Site Owner does not control, endorse or guarantee in any way the sites linked to this gateway and the Site Owner is not responsible for the content of these other sites or the practices of their operators, particularly with respect to the protection of your personal information and privacy.
11 – Pilot projects and partnerships
11.1 – The Site Owner has entered into agreements with the following individuals, companies, organizations or associations to establish pilot projects or partnerships to offer you products or services that complement our own:
11.1.1.– L’Association des Parajuristes du Québec.
11.2 – You consent to the Site Owner sharing your personal information with these individuals, companies, organizations or associations, and you also consent to their communicating with you by any means.