The present Terms and Conditions applies to the use of SM Legal Professional Corporation (“SM Legal” or the “Company”) website located at www.smlegal.ca (the “Website”) and legal services offered by SM Legal (the “Services”) to customers (hereinafter the “Customer” or “You”).  By using any SM Legal service, using the Website, or completing the registration process, you are deemed to have read and agreed to the following terms and conditions:

About the Service

SM Legal is a law firm operating in the Greater Toronto Area, Ontario. We service clients in the jurisdiction of Ontario. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any Customer at our discretion.

Customer Access

Customers may access the Services through the Website by providing their name, phone number, email, and address (the “Credentials”). Customers on the website can request a Service through our contact us page (the “Registration”). By completing a Registration, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) you have entered valid payment information. SM Legal reserves the right to refuse any Service request any time for any reason whatsoever with no prior notice or compensation owing to the creator of the Account.

Fees

All service agreements must be entered directly between the client and SM Legal. The client must sign a retainer agreement and pay the requested deposit prior to the services commencing. Fees are determined on a case by case basis. Hourly billing is billed at a rate which is no less than seventy five percent (75%) of the total accumulated hours on a file. SM Legal may choose at its sole discretion to not bill a client for up to twenty five percent (25%) of the total accumulated hours on a file. If you desire a quote for your legal service needs, please contact us at contact@smlegal.ca.

SM Legal accepts payment by credit card for services rendered through a third party payment processing service.

Taxes

The Customer takes sole responsibility for the payment of any Sales Tax and any related penalties or interest to the relevant tax authority if they fail to pay the Sales Tax for the Services. The Customer will indemnify SM Legal for any liability or expense we may incur in connection with such Sales Taxes. The Customer may be required to provide SM Legal with evidence that they have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that SM Legal is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Cancellation Policy

A service request may be cancelled any time prior to the commencement of the services by sending a written notice to sam@smlegal.ca, in which case a full refund will be provided to the customer. All payments are non-refundable once services are rendered.

Termination of Agreement and Refund Policy

SM Legal reserves the right to terminate any Services for any reason, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the service request shall be immediately terminated and the Customer and selected dietician shall be notified of the termination within twenty four (24) hours. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to SM Legal which constitute payment in respect of the provision of unused Services shall be refunded.

Communications

SM Legal reserves the right to contact you from time to time for feedback regarding the services. SM Legal will also contact any Customer who files a complaint with SM Legal regarding a representative of SM Legal or the Services overall. Notices to Customers will be deemed effective at the time they are sent by SM Legal or as of the date they are posted on the Website.

Maintenance and Support

SM Legal is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to contact@smlegal.ca.

Company Name and Address

SM Legal’s contact information for any end-user questions, complaints or claims with respect to Company Properties is contact@smlegal.ca.

Availability

  1. Unless otherwise stated, the services featured on this website are only available within Ontario, or in relation to postings from the jurisdiction of Ontario. All advertising is intended solely for the Canadian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of SM Legal. SM Legal does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
  2. SM Legal attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, SM Legal does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall SM Legal be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
  3. SM Legal Professional Corporation (SMLPC) does not provide legal advice, recommendations, or legal services online. Website content and information is intended only to indicate possibly relevant legal information, services, and resources and should only ever be understood, interpreted, and treated as such. Any other understanding, treatment or interpretation of SMLPC website content or information is unsolicited and at the sole risk of the user. SMLPC website content and information is provided without any warranty of any kind.

 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

  1. The laws of Ontario and of Canada govern these terms and conditions. By accessing this website and using our service you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
  2. Failure of SM Legal to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
  3. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of SM Legal.

Notification of Changes

SM Legal reserves the right to change these conditions from time to time as it sees fit and the continued use of the site will signify User’s acceptance of any adjustment to these terms. If there are any changes to the privacy policy, SM Legal will announce that these changes have been made on the homepage and on other key pages on the Site. If there are any changes in how SM Legal uses User’s Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to the privacy policy will be posted on the Site 30 days prior to these changes taking place. User is therefore advised to re-read this statement on a regular basis.

Privacy Policy

Last updated: Oct 1, 2018

This Privacy Policy describes SM Legal Professional Corporation and its affiliates’ policies for collecting, using, and disclosing your information. Customers can access SM Legal services (the “Service”) through our website www.SMLegal.ca (“SMLEGAL”). This Privacy Policy governs your access of the SM LEGAL Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses of data, content, and information (“Information”) described in this Privacy Policy.

Herein, “SM LEGAL” designates the SM Legal Professional Corporation as well as its website www.SMLegal.ca and the information systems that supports them.

Our Privacy Policy explains what Information we collect and why we collect it and how we use that Information. It is our policy to respect the privacy of our customers regarding any Information that we may collect while using our Service.

  • Terms of the Policy

It is SM LEGAL’s policy to comply with the privacy legislation within our jurisdiction. This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.

The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact our Privacy Officer for more information on this Policy.

The nature and extent of the personal information collected will depend on the nature of the products and services that we provide to you. These products and services, and all specific considerations relating to the collection of personal health information, are fully elaborated in the SM Legal Inc. Terms and Conditions.

  • Personal Information

The Personal Information collected on the Website may include, but is not limited to, your name, email address, and any other information in accordance with applicable legislation.

To help us monitor and improve quality, we may collect your computer’s Internet Protocol (IP) address, browser type, the web page visited before you came to our websites, information you search for on our websites, locale preferences, transactions date and time, operating system information, as well as metadata concerning your Data such as software of origin and typology.

SM LEGAL will always seek customer consent before or at the time that we collect personal information.

SM LEGAL may collect information about you from a third party if you have consented to that third party to release your information. SM LEGAL may also utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of their services. SM LEGAL requires all third parties to provide confirmation that they are authorized to release your information.

  • Cookies

To ensure that our site is optimized for ease of use, we or our service provider(s) may use Cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. These Cookies are intended to optimize your experience of the site. As our Service depends on Cookies, you must instruct your browser to accept Cookies from SM LEGAL. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on the site.

  • Authorized Disclosure of Data and Information

SM LEGAL discloses personally-identifying information only to its employees, contractors and affiliated organizations that need to know that information to process it on SM LEGAL's behalf or to provide services available at SM LEGAL, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of Canada and outside the jurisdiction of your corporation. By using SM LEGAL, you consent to the disclosure of such information to them.

Your personal information may be used and disclosed:

  • to comply with valid legal proceedings;
  • as required by the Professional Code of Ethics;
  • to protect the rights of SM LEGAL;
  • to protect the safety of any individual from injury or death;
  • where the personal information is publicly available; or
  • with your consent.

Collected Information and Cookies may be used in aggregate form to assess how our customers use our website, so that our partners may also understand how often people use our Services.

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Data and Information may be transferred as part of that transaction. We will notify you via email and a notice on our websites of any change in control or use of your Data or Information. We will also notify you of choices you may have regarding the Data and Information.

We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our Service.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing. SM LEGAL may terminate any services to a customer immediately if that customer withdraws their consent.

  • Retention of Data and Information

We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete Data that you have in common with other customers.

  • Third Party Applications

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

We may share your information with a third party application with your consent, for example for payment processing. We accept no responsibility or liability in respect of any third party. Please refer to the privacy policies published on any third party sites which you may access through our site before submitting personal information to them.

  • Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Data and Information that we cannot resolve with our customers directly.

  • Security

The security of your Data and Information is important to us. When you enter Information, or send Data to or through our Services, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow the generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us.

Unless specific contractual arrangements are made with you, SM LEGAL  processes Personal and Corporate Information on third party servers in many countries around the world. We may process your Personal Information on a server located outside the jurisdiction of your corporation.

  • Privacy Officer

The Privacy Officer for SM LEGAL is Samuel Michaels. Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at contact@smlegal.ca.

  • Changes to This Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit approval. We will post any privacy policy changes on our websites and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep archived versions of this Privacy Policy for your review.

  • Governing Law

This Privacy Policy is governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where it may lawfully be offered for use.

  • Agreement to Terms of Policy

By using the Services and/or providing information to us, you accept and agree to the collection and use of your Personal Information for the purposes described.