These general terms and conditions of sale (hereinafter the “Terms of sale”) set forth the terms and conditions that apply to any purchase on the Platform.
The terms “you”, “your” and “yours” refer to the person who purchases Products through the Platform, on his or her own behalf (hereinafter the “Customer” or “Customers”). By using the Platform to purchase our Products, you accept these Terms of sale and agree to be bound by them.
You hereby declare that you are of sufficient age to consent to these Terms of sale and are bound by its provisions. These Terms of sale contain important information about your rights and obligations and set forth the limitations and exclusions to which you may be subject.
For more information about your rights and obligations, we suggest that you review the applicable laws and regulations.
AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between Lex Start and you by any electronic or paper means. You agree that these Terms of sale are equivalent to an original written agreement between Lex Start and you.
You also agree to the possibility of electronically signing the documents resulting from the Products, as defined in Article 3 below.
OTHER DOCUMENTS, AGREEMENTS AND POLICIES
The use of the Platform as well as the activity of Lex Start are governed by different Legal Notices that you accept. You represent that you have read these Legal Notices and agree to be bound by their terms and conditions.
Notwithstanding the foregoing, the provisions of these Terms of sale take precedence over the provisions of the other Legal Notices. In the event of any inconsistency between the provisions of these Terms of sale and those of the other Legal Notices, the provisions of these Terms and sale shall apply. Other terms and conditions may apply to purchases of Products and to the use of other sections of the Platform.
Similarly, the French version of the terms of sale shall prevail over the English version of the terms of sale.
We sell on our Platform the following Products: Independent Contracts, Legal Kits, as well as Corporate Kits.
The Legal Kits and Corporate Kits offered on the Platform are provided by lawyers from Lex Start and/or partner law firms (hereinafter the “Partner Lawyer” or “Partner Lawyers“) under the terms of the Mandate, as defined below.
By using the Platform, you do not form an attorney/client relationship with Lex Start via the Platform. Lex Start and its Platform are not a substitute for the advice or services of an attorney.
You are responsible for choosing the Product that suits your needs and you confirm that you are taking all steps on your own behalf or on behalf of the organization you legally represent. If in doubt, you should consult a lawyer.
Lex Start uses its Transmission Technology and Automatic Document Generation Technology. Lex Start’s technology is only used for automatic document generation or automated governmental procedures. The said document generation and government transmission technology is only an interface to facilitate the steps you undertake for yourself or on behalf of your legal structure, and not on behalf of others.
Validations of the Legal Kits and Corporate Kits offered on the Platform are performed by Partner Lawyers according to the terms of the Mandate.
Through the Platform, Customers purchase Products. All exchanges of information between the Client and Lex Start are mainly virtual, through the various channels available on the Platform. These exchanges include communication with our staff both for administrative matters, those related to technical support, and the follow-up of the delivery of the Product(s).
Customers understand that any communication of their information allowing the delivery of the Product will be done online and this, mainly via the filling of automated forms available in the customer account on the Platform (hereinafter the “Customer Account”), following the order (hereinafter the “Automated Form” or the “Automated Forms”).
The Customer is solely responsible for the accuracy, validity, and authenticity of the information and/or documents it provides to Lex Start, as well as in the completion of its Automated Forms, in any way whatsoever. Lex Start will not be held responsible for errors or omissions in the information provided in these.
The Customer, by submitting information about a third party, whether a legal entity or a natural person, declares having received the free and informed consent of this third party to communicate the said information. In addition, the Client acting on behalf of and in the name of a legal entity declares that he is acting within the framework of the mandate that this person has given him and that he has the capacity to bind the legal entity.
The Client is solely responsible for ensuring that he holds all documents, permits, authorizations or other documents necessary for the practice of the profession to which he intends or wishes to practice, and of the professional order to which he belongs, if applicable. In addition, he/she undertakes to inform us of this aspect.
All deadlines related to the Corporate Kits presented on the Platform are estimates and not binding. Lex Start and the Partner work with governmental entities and have no control over the processing time of administrative requests submitted to them.
The descriptions posted on the Platform are authentic, but Lex Start reserves the right to modify this information at its convenience, in compliance with the applicable legal and regulatory provisions.
The Products sold by Lex Start are on the Platform.
Terms and conditions for the first free 15-minute call with a member of the customer team
Lex Start offers its Customers the opportunity to speak to a member of the customer department for 15 minutes, free of charge, about the content and terms of our Products and/or the use of our tools or the Platform. The appointment is made on the Platform.
The Customer understands that all information given by the customer department of Lex Start does not constitute legal advice. The information is to be used for educational and general purposes only. For legal advice or guidance tailored to your situation, please consult an attorney directly.
Terms and Conditions for Stand-Alone Contracts
When Client who has purchased a Standalone Contract on the Platform fills out their Automated Form, they understand that Lex Start, via its Automated Document Generation Technology, generates a customized document using the information in the Automated Form, all without attorney validation.
Lex Start’s technology is used for automatic document generation purposes only. The aforementioned document generation technology is only an interface to facilitate the steps you undertake for yourself, or on behalf of your legal structure, and not on behalf of others.
The contents of the Stand-Alone Agreement are provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of such warranties.
Although the original templates for these documents were originally created by a third-party lawyer retained by Lex Start to comply with the laws applicable in Quebec and Canada at the time they were drafted, Lex Start does not warrant their compliance or usefulness and disclaims any warranty or condition, express or implied, with respect to their contents.
Any Client wishing to obtain any of these Stand-Alone Contracts should consult with an attorney to ensure the content of the document after it has been customized by our Automated Document Generation Technology, and its application to their situation.
Lex Start is not responsible for any loss or damage suffered, in whole or in part, due to any error or omission on its part in connection with the capture, compilation, interpretation, presentation, drafting, communication, maintenance or delivery of the information contained in the Stand-Alone Agreements.
Conditions related to the Corporate Kits
When the Customer who has purchased a Corporate Kit on the Platform fills out its Automated Form, it understands that Lex Start, via its Transmission Technology, will automatically transmit the Automated Form information to the appropriate government authorities on your behalf. Lex Start’s Technology is used solely for the purpose of automated document generation or automated governmental procedures. The said document generation and government transmission technology is only an interface to facilitate the steps you take for yourself or on behalf of your legal structure, and not on behalf of others.
In accordance with the Act Respecting the Barreau du Quebec, all exclusive acts reserved for lawyers that may be necessary for the delivery of the Corporate Kits will be validated by a Partner Lawyer, according to the terms of the Mandate. Where applicable, Lex Start will forward the documents related to such deeds, generated by the Automatic Document Generation Technology, to the Partner Lawyer for verification.
Prior to the delivery of the Corporate Kit, Lex Start offers, if necessary, a customer service on, among other things, its status and any other administrative matter.
Lex Start delivers the Corporate Kit based on the information in the Automated Form as filled out by the Client. The Corporate Kit does not include any opinion, tax or accounting advice. We recommend that the Client seek professional advice in these respective fields before proceeding with their Corporate Kit, if applicable.
Terms and Conditions for Legal Kits
When the Client who has purchased a Legal Kit on the Platform fills in its Automated Form, it understands that Lex Start, through its Automated Document Generation Technology, automatically generates a customized document with the information in the Automated Form and forwards it to the relevant Partner Lawyer, according to the terms of the Mandate.
Lex Start’s Technology is used solely for the purpose of automatic document generation or automated governmental processes. The said document generation and government transmission Technology is only an interface to facilitate the steps you undertake for yourself, or on behalf of your legal structure, and not on behalf of others.
In accordance with the Act Respecting the Barreau du Quebec, all exclusive acts reserved for lawyers that may be necessary for the delivery of the Legal Kits will be validated by a Partner Lawyer, according to the terms of the Mandate. Where applicable, Lex Start will forward the documents related to such deeds, generated by the Automatic Document Generation Technology, to the Partner Lawyer for verification.
Before the delivery of the Legal Kit, Lex Start offers, if necessary, a customer service on, among other things, its status and any other administrative issue.
Lex Start delivers the Legal Kit based on the information in the Automated Form as completed by the Client. The Corporate Kit does not include any opinion, tax or accounting advice. We recommend that the Client seek professional advice in these respective fields before proceeding with their Corporate Kit, if applicable.
Once the Legal Kit is validated, the document will be delivered to the Client by the Partner Lawyer.
Before transmitting an order for Products via the Platform, the Customer passes through an order validation page presenting, among other things, the selected Product(s), the purchase price, and the applicable taxes.
Any transmission of an online order automatically implies an acceptance of the offer made by Lex Start for the purchase of the Products described in the order validation page, according to the prices, other fees, terms, and conditions presented therein.
From the transmission of the order, as soon as it concerns a Legal Kit and/or a Corporate Kit, it also implies the consent of the Client to the provisions of the Mandate, binding the Partner Lawyer to the latter.
Once the order has been validated, the Client will receive a confirmation of the order (hereinafter the “Order Confirmation“), which also contains link(s) to the automated Form(s) that the Client must fill out in order to receive the purchased Products.
For reasons of confidentiality and protection of the User’s personal data, the link to your Automated Form is available on your Customer Account for thirty (30) days. Consequently, any half-completed automated Form will be lost, and the Client will have to start filling in his information again following his request to access a new automated Form.
Lex Start draws your attention to the fact that the links to our automated Forms are not accessible when using virtual private networks (“VPN”) or private browsing.
If the Lawyer partner is in the ethical obligation to refuse the Mandate (conflict of interest or other), Lex Start reserves the right to cancel the order and to refund the amount paid on the Platform, according to the terms of the present. In this case, Lex Start will warn the Client and, at his request, will try as far as possible to find another Lawyer partner.
In case of inconsistency between the content of an automated Form and the content of the Order Confirmation, the content of the latter shall prevail.
Following delivery of the Product, Customers may receive an email or a form allowing them to evaluate the quality of our service offering.
REGISTRATION, USERNAME AND PASSWORDS
The purchase of a Product on the Platform requires registration, via a registration form allowing the opening of a Customer Account. In this case, you agree to provide true and updated information about yourself as required by the registration process and to promptly update this information as necessary to ensure that it remains accurate and complete.
The Customer will then receive an email confirmation of registration from Lex Start. Once the registration confirmation is received, the Customer will be considered as registered on the Platform and will be able to use it until its voluntary or forced u.
The Customer acknowledges that it is responsible for:
- Maintaining the confidentiality of the passwords he/she chooses or that are personally assigned to him/her as a result of his/her deregistration;
- All activity that occurs under their username or password; and
- Logging out of their account at the end of each session.
In addition, Customer agrees to notify Lex Start of any unauthorized use of its username or password. If the Customer fails to comply with the obligations set forth in this section, Lex Start will not be liable for any loss or damage arising therefrom.
ACCOUNT SUSPENSION AND ACCESS LIMITATION
In the event that a Customer breaches the provisions of these Terms of sale or other Legal Notices, or if Lex Start has reason to believe that it is necessary to do so to protect the safety or integrity of other Customers or third parties, for reasons of fraud prevention or investigation, or privacy, Lex Start reserves the right:
- Restrict access and use of the Platform to the Customer in question; and
- To suspend its Customer Account temporarily or permanently.
The Customer Accounts registered on the Platform cannot be sold, rented, or transferred to third parties. Lex Start retains ownership of the Customer Accounts and they can only be used from the Platform.
Lex Start may cancel an order, including after an Order Confirmation has been issued and even if you have been invoiced for the order, as provided herein.
The Customer may also cancel the order at any time before any work or process has been initiated.
The cancellation of an order is done by email. The Customer will be reimbursed in accordance with the provisions mentioned in the “Refund Policy” section of these terms of sale and in accordance with the applicable legal and regulatory provisions.
The amount invoiced to the Customer for the selected Product is displayed on the order validation page after the Customer has added the Product to his/her basket on the Platform.
The price paid by the Client is broken down as follows :
- Fees of the Partner Lawyer, if any;
- Fees and disbursements, if any (administrative fees, filing fees, etc.);
- Lex Start Application Fee (hereinafter the “Lex Start Fee”); and
- Applicable taxes.
Lex Start shall be responsible for paying the Partner Attorney’s Fee in full. Under no circumstances will the Partner Lawyer share its fees with Lex Start.
Details of the Partner Lawyer’s fees will be available on the Client’s invoice issued by Lex Start. As such, Lex Start is only a beneficiary of the Lex Start Fees as presented separately on the invoice.
All prices are, unless otherwise indicated, in Canadian dollars. If you use a credit card with a reference currency other than Canadian dollars, the conversion rate will be determined by the financial institution that issued your credit card.
Although Lex Start strives to provide an accurate description of its prices, there is a risk of error. Lex Start reserves the right to correct the prices and any other erroneous information regarding its Products. If a price is incorrect, Lex Start reserves the right to cancel your order and the fees charged and will contact you to offer you a new order at the adjusted price or to offer you a full refund under these Terms of sale.
Taxes will be shown separately for each order in the Order Confirmation, as applicable. You must pay all taxes applicable to the order.
TERMS OF PAYMENT
The terms of payment are established by Lex Start, at its discretion.
Payment will be made by credit card, unless another predetermined method of payment has been accepted by Lex Start. Credit card payments must be approved by the financial institution that issued the credit card.
You represent that you are the legally authorized holder of the credit card that will be used to pay for the order. Payments by credit card are made through the payment provider engaged by Lex Start.
Lex Start will send an invoice to customers who have purchased Products, including the Partner Lawyer’s fees, which will be displayed separately. The Partner Lawyer will not send an invoice to Clients.
Lex Start may occasionally provide discounts, rebates, promotional codes for the benefit of Clients. Clients can find out about these by email and/or by consulting the Platform.
All promotional offers offered by Lex Start, whatever they are, are non-cumulative, and can be used once per Customer.
The Customer cannot pay in installments. The full payment must be made in one installment.
The availability of certain Products may be limited. Lex Start may change or withdraw Products at any time without notice. If a Product ordered is not or no longer available, Lex Start will notify you by email and your order will be automatically cancelled.
After three months without a response from a Customer, the file will be considered closed. If no work has been done on the file, the Customer will automatically receive a partial refund under these Terms of sale.
Unless otherwise specified, stand-alone Contracts are non-refundable. Similarly, any Product that has begun the process of being fulfilled is non-refundable.
Except in the case of non-refundable Products, upon written request of the Customer within 90 days of the Order or when the Customer fails to provide the information necessary for delivery of the Product after that time, and before any work (drafting, research or administrative steps) has been undertaken, Lex Start will refund the amount paid for the Order in the same currency in which Lex Start was initially paid minus fifteen percent of the Lex Start Fee equivalent to the file creation fee and any fees charged due to currency changes and third party fees for which Lex Start cannot be held responsible (hereafter the “Partial Refund“).
After 90 days, Lex Start will refund only the part of the price equivalent to the fees of the Partner Lawyers and will offer a credit equal to the amount still paid by the Client at the time of the order (hereinafter the “Fee Refund“).
If it is the Lawyer who refuses to take over the Mandate, Lex Start will refund the total amount paid by the Client at the time of the Order, in the same currency in which Lex Start was initially paid (hereinafter the “Total Refund“).
For attorney consultations, the Full Refund, is available upon the Client’s written request to cancel the Order, received by Lex Start no later than twenty-four (24) hours prior to the scheduled date and time of the consultation.
If Lex Start is charged a bank fee, Lex Start will deduct it from the total refund amount to the Customer.
Lex Start does not have a return or exchange policy.
Only Customers over the age of 18 and/or capable of entering binding contracts may purchase Products from Lex Start. A minor Customer may use Lex Start only under the supervision of a parent or guardian.
EXCLUSION AND LIMITATION OF LIABILITY
Subject to applicable law, Lex Start makes no warranties, conditions or undertakings of any kind and makes no warranties other than those expressly stated on the Platform. Lex Start excludes, including but not limited to the foregoing, any liability for claims relating to the need to update the Products to comply with legislative changes, the misuse of such Products or its use for unlawful purposes. Lex Start’s liability for any proceedings arising hereunder shall be limited to the purchase price paid by the Customer to Lex Start for the order in question.
Lex Start shall not be liable for any damages or claims related to the misuse, alteration, misplacement, or misappropriation of the Products.
Lex Start and the Customers (hereinafter individually referred to as “Party” and collectively referred to as “Parties”) agree that they cannot be in breach of their contractual obligations if such breaches are due to the occurrence of a force majeure event.
Force majeure refers to all events beyond the control of the Parties, unforeseeable and unavoidable, of any nature whatsoever, such as natural disasters, bad weather, fires, epidemics, floods, avalanches, landslides or subsidence, strikes, sabotage, embargoes, interruptions or delays in transportation or communications, accidents with tools and scrapping of important parts during manufacture duly noted by the customer or one of his representatives, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), war,… which have the effect of rendering these Terms of sale unenforceable temporarily or permanently.
The Parties agree that, as soon as such an event occurs, they shall notify the other Party in writing and the performance periods provided for shall be automatically extended by the duration of the event. If the duration of the force majeure event exceeds one (1) year, either Party may terminate these Terms of sale by notice to the other Party. The Party receiving the notice shall have thirty (30) days to contest the rescission, after which these Terms of sale shall be deemed rescinded. Any consideration hereunder that has already been performed shall be returned upon receipt by a Party of written notice from the other Party.
If a dispute concerning the interpretation and/or application of these Terms of sale cannot be resolved by good faith negotiation between the Parties within a reasonable time, the Parties agree to submit their dispute to mediation and to participate in at least one mediation meeting by delegating a person with decision-making authority, before resorting to the courts or arbitration, if necessary. The mediation will take place through the JustiCity platform, or any equivalent chosen by the Parties.
The mediator shall be chosen unanimously by the Parties.
Any settlement of such dispute by mediation by the Parties shall be documented in writing. If such settlement modifies the terms of these Terms of sale, such modification shall be documented in a writing signed by the Parties and attached to these Terms of sale.
Any steps taken with respect to the use of mediation and any mediation session, as well as the existence of such steps, shall be made in confidence and subject to all rights and remedies of the Parties. Nothing said or written during any such process or session shall be admissible as evidence in any legal or other proceedings.
Notwithstanding the foregoing, the Parties reserve the right at any time to apply to the courts for any protective order or injunction.
If no settlement is reached within thirty (30) business days of the appointment of the mediator, then any Party may institute arbitration proceedings to have the dispute finally resolved, subject to the Consumer Protection Act.
In the event of a dispute that cannot be resolved with the assistance of a mediator, subject to the application of the Consumer Protection Act, the Parties agree to submit their dispute to an arbitrator within thirty (30) days of the last exchange in the mediation process, via the JustiCity platform or any equivalent chosen by the Parties. The Parties may agree to a longer period before submitting the dispute to arbitration.
The arbitration shall be conducted under the auspices of a single arbitrator and shall be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in effect at the time of such dispute. The arbitration award shall be final, binding and without appeal and shall be conclusive upon the Parties.
All steps taken with respect to the use of arbitration and any arbitration session, as well as the existence of such steps, shall be taken in confidence and subject to all rights and remedies of the Parties.
APPLICABLE LAW AND COMPETENT COURTS
These Terms of sale are to be considered in all respects as a distance selling contract. They are governed by the laws of Quebec and Canada which are applicable, without giving effect to any principles of conflict of laws.
In cases where the law does not permit the use of arbitration, the Customer agrees that all questions and disputes concerning these Terms of sale shall be decided exclusively by the courts of the Province of Quebec.
In addition, any determination that any provision of these Terms of sale is invalid or unenforceable shall have no effect on the remaining provisions.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded as well as all other international sales conventions.
Headings are included in these Terms of sale for ease of reference and understanding only and shall not affect the interpretation of these Terms of sale.
You may not assign your rights or obligations hereunder without the express written consent of Lex Start.
You are bound hereby and acknowledge that you have read and understood your rights and obligations.
These Terms of sale are interpreted according to the rules of the Civil Code of Quebec. The clauses are interpreted one by one, giving each the meaning that results from the whole of these last
LANGUAGE: FRENCH AND ENGLISH
In the event of a problem of definition or interpretation between the English and French versions of these Terms of sale, the French version shall prevail.
These Terms of sale, the other Legal Notices, terms and conditions incorporated by reference herein or referred to herein, constitute the entire agreement between you and Lex Start relating to the Terms of sale, the use of the Platform and the transactions conducted on or from the Platform. They supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may only be modified in writing in accordance herewith.
Lex Start’s failure to enforce any provision hereof or to act upon any breach hereof by you or any third party shall not in any way waive Lex Start’s right to enforce any of the terms hereof or to act upon similar breaches for the future.
Lex Start’s silence, omission, negligence and/or delay in exercising any right or remedy provided or implied shall never be construed as a waiver of such rights or remedies.
You declare that you have read and understood these Terms of sale and that the entirety of these Terms of sale does not contain any illegible or incomprehensible clause, and accept the entirety of these Terms of sale, WITHOUT ANY RESERVATION.
MODIFICATION OF THE CONDITIONS
Lex Start reserves the right to modify, change or update these Terms of sale. The version that applies to you is the one in effect on the date of your order, to which you have consented.
However, when the Consumer Protection Act applies, Lex Start will notify, thirty (30) days prior to the entry into force of the modification of the present, the Users of the Platform. If the User refuses these changes and wishes to terminate the contract, it will have no later than thirty (30) days after the entry into force of the changes to send a notice to Lex Start and terminate, without charge or penalty, its obligations to Lex Start.
Congratulations! You are part of the very limited club of users who read the terms of sale of websites! To reward you, Lex Start offers you a free stand-alone Privacy Agreement. To take advantage of this offer, write to email@example.com, Subject: Bravo CGV. We count on your discretion to keep this treasure hunt secret! This offer may be withdrawn at any time at the discretion of Lex Start, is non-cumulative with other offers and limited to one order per Customer.
If you have any questions or comments regarding any content on the Platform, please contact us by
For any refund, cancellation of order, you can contact us at the following email address: firstname.lastname@example.org