LEGAL NOTICES

GENERAL TERMS AND CONDITIONS OF THE PLATFORM

LEX START PERSONAL INFORMATION PROTECTION POLICY

TERMS OF USE OF THE PLATFORM

Please carefully read the terms of use (hereinafter the “Terms of Use“) of Lex Start Platform Inc, a company incorporated under the Business Corporations Act (CQLR, c. S-31.1), whose head office is located at 102-5555 de Gaspé Avenue, in Montreal, in the province of Quebec (H2T 2A3), and whose telephone number is 514-378-6703 (hereinafter “Lex Start“).

The Terms of Use apply to the use of the website https://lexstart.ca/ (hereinafter the “Platform“) and the social media pages, account, website, network or any application contained therein designed and operated by Lex Start (hereinafter the “Social Media“).

Our mission is to make legal information accessible to Quebec and Canadian entrepreneurs. We make available, on our Platform, legal information and resources, fixed-price documents automatically generated by our technology without lawyer validation (hereinafter the “Stand-Alone Contracts“), fixed-price documents automatically generated by our technology with validation and customization by a partner lawyer (hereinafter the “Legal Kit” or the “Legal Kits“), and corporate services, including incorporation, corporate document maintenance, dissolution and trademark search and registration (hereinafter the “Corporate Kit” or “Corporate Kits“).

Thank you for choosing Lex Start!

Lex Start works with partner lawyers in certain situations.

The Legal Kits and Corporate Kits offered on the Platform are provided by partner law firms or Lex Start’s lawyers (hereinafter the “Partner Lawyer” or “Partner Lawyers“) under the terms of the Mandate, as defined below.

By using the Platform, you are not forming 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.

Lex Start uses information transmission technology (the “Transmission Technology“) and automatic document generation technology (the “Automatic Document Generation Technology“).

The Legal Kits and Corporate Kits offered on the Platform are provided by Partner Lawyers under the terms of the Mandate.

The Legal Kits, Corporate Kits and Independent Contracts may hereinafter be collectively referred to as the “Products“.

The Platform also allows us to put you in contact with our Partner Lawyers, who will provide the Legal Kits and Corporate Kits and/or other services.

By deciding to use the Platform, the user, understood as the end user or the organization you represent or work for (hereinafter the “User” or “Users” or “you” and “your“) agrees to all the Terms of Use set forth below which govern the content and operation of the Platform.

These Terms of Use are legally binding on the User and Lex Start (hereinafter the “Parties“). The Parties are entitled to invoke this agreement and to take all useful and necessary measures to enforce them.

If the User does not accept these Terms of Use or the Terms of Use as amended from time to time, the User must not, or must no longer, use the Platform.

User acknowledges that no attorney-client, advisor-trustee, or other relationship is formed when User accesses or uses the Platform in any way, with the exception of the purchase of a Legal Kit or Corporate Kit. In these cases, a lawyer-client relationship is established between the User and the Partner Lawyer, according to the terms of the contract between the latter and the User governing the validation of the Corporate Kits and/or the customization and validation of the Legal Kits (hereinafter the “Mandate”).

The terms defined in these Terms of Use are used in Lex Start’s Privacy Policy, the Mandate and the General Terms and Conditions of Sale (hereinafter the “Legal Notice“). We recommend that you read them.

ACCESS AND USE OF THE PLATFORM

Browsing the Platform means that the User has read, understood, and accepted the Terms of Use.

The Platform has been designed for optimal use on a computer, via the Chrome browser. However, it is accessible from any computer (computer, smart phone, tablet, etc.) on all browsers, subject to the terms and conditions intrinsic to the use of such tools.

THE SERVICE

The Platform is always accessible. It may happen that the Platform is temporarily unavailable in case of updates, maintenance, or technical problems. Lex Start is not responsible in case of service interruption, temporary maintenance, or updates. Lex Start tries to perform updates and maintenance when the traffic on the Platform is at its lowest.

Lex Start does not warrant that the Platform, or any part thereof, will operate on any computer hardware or peripheral device. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Lex Start reserves the right to add, delete and modify all or part of the content on the Platform, except for the User’s own content. Lex Start cannot be held responsible for mistakes, typographical errors and bugs. Each User creating an account in the system is the owner of the content of his account. Lex Start does not delete anything unless a User requests it.

The Platform and its content can only be used for the purposes stated in these Terms of Use. The User must not use the Platform for other purposes and must not try to do so. User shall not misuse the Platform in any way. Furthermore, the User shall not modify the Platform and its contents and shall not prevent access to the Platform or interfere with its operation, nor shall the User attempt to do so.

User agrees, without limitation, not to:

Use the Platform in any manner that could damage, disable, overburden or impair the Platform;
Disrupt the security of, or otherwise abuse, the Platform or any services, resources, systems, servers or networks connected to or linked to or accessible through the Sites or affiliated sites;
Disrupt or interfere with the use or enjoyment by others of the Platform or affiliated or linked sites;
Upload, post or otherwise transmit on the Platform a virus or other harmful, disruptive or destructive computer file or program;
Use any robot, spider or other automatic device or manual process to monitor or copy the Platform pages or their contents;
Transmit through the Platform unsolicited bulk e-mail, chain letters, junk mail or other types of e-mail; and
Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, User agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of User and agrees to comply with all applicable laws with respect to its use or activities on the Platform.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all intellectual property rights (trademark, copyright, etc.) (hereinafter the “Intellectual Property“) related to the Platform or the Social Media are the exclusive property of Lex Start or, if applicable, third party partners.

Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names or other content on the Platform or Social Media are trademarks or trade names, whether registered or unregistered (for purposes of these Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign trademark laws and are the exclusive property of Lex Start or, where applicable, third party partners.

Without limiting the scope, the Intellectual Property elements belonging to Lex Start include, but are not limited to, the following elements

All logos, designs, graphics, trademarks (registered or not), symbols, text, blogs, guides, photos, videos, phrases, words, forms, contract templates, computer code, and all general content on the Platform and Social Media not already subject to Intellectual Property rights.

Unless otherwise noted, all information provided on the Platform and Social Media is owned by Lex Start or, where applicable, third party partners, and is protected by applicable laws. In addition, the Information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, republished, sold, transmitted, or used for derivative works, public or commercial purposes without the express written permission of Lex Start. The Information is protected under the copyright and trademark laws of Canada and the countries that host the Platform or Social Media.

Unless otherwise specified, the User may use the Information solely for personal use (commercial use is prohibited), provided that the User references on copies the respective copyright notices and trademark attributions, if any, and does not modify it.

These Terms of Use grant you limited permission to view, display on your computer, download and print text and images from the Platform or Social Media for your personal use only (commercial use is prohibited), provided that no changes are made to the content of the Platform or Social Media. This authorization belongs solely to the User; it may not be assigned or transferred to another person, or sublicensed.

Images and text contained on the Platform or Social Media that are downloaded, copied, saved or printed are still subject to these Terms of Use. The User must ensure that all copyright and trademark notices are still included.

Contracts and forms available on the Platform or Social Media may not be reproduced, adapted or viewed in whole or in part without permission, even for your personal use.

The content of the Platform and the Social Media may be modified at any time without notice. For further information regarding permission to use, reproduce or republish any information presented on the Platform or Social Media, the User may contact us at legal@lexstart.ca.

Nothing contained herein shall be construed as conferring any license or right under any copyright or trademark.

Any unauthorized uploading, retransmission, copying or modification of the Intellectual Property, Trademarks or data contained on the Platform or Social Media may violate trademarks or copyrights, and could subject User to legal action.

Subject to applicable laws, content created, imported, submitted, or stored by User is User’s property and User is responsible for ensuring that User has the rights to use it.

EXTERNAL LINKS

It is possible that by using a link, the User leaves the Platform or the Social Media to access external content (hereinafter the “External Websites“). Lex Start makes available on its Platform or on the Social Media, in addition to its own content, links to External Websites solely for the User’s convenience and information. Lex Start has no control over the content of these external websites and assumes no responsibility for their correctness, accuracy, completeness, authenticity, timeliness, or fitness for a particular purpose. Any liability of Lex Start is excluded, for direct or indirect damage or consequences related to the use of the contents of these external websites. Lex Start has no influence on the contents of the linked external websites and is not responsible for their careful selection, for the contents of the external links, for those that have been changed after the link was set. Lex Start does not require the transmission of information, does not select the recipients of the transmitted information nor the information itself, and does not modify it. Furthermore, no automatic short-term intermediate storage of these external links is carried out by Lex Start according to the current method of link creation and retrieval. Therefore, the responsibility for the content of external websites accessible via external links lies exclusively with their operators.

In addition, Lex Start cannot guarantee the absence of violation of any law, including the absence of violation of copyright or trademarks or rights of third parties by these External Websites or their content, nor the absence of viruses or other harmful components.

No warranty is given as to the authenticity of the materials available on the Internet.

SOCIAL MEDIA

The following terms and conditions apply when the User accesses a Social Media page.

General Statement

By using the Social Media pages and submitting a comment, photo, video or other material, User (and User’s parent/legal guardian if User is under the age of majority in the province or territory in which User resides) agrees to be bound by and comply with the applicable Legal Notices and the terms of use of the third-party providers of the Social Media. User also agrees that Lex Start may copy, edit, publish, translate and distribute User’s commentary, photo, video or other material posted on any Social Media without compensation.

Terms of use of Social Media

Some of the comments and other materials posted on Social Media pages may not represent the opinions and general policy of Lex Start. Thus, User agrees not to post or submit any information, postings, links or other materials of any kind on Social Media pages that fall into any of the categories described below:

Any content that is defamatory, offensive, infringing, obscene, deceptive, illegal ;
Any content that otherwise violates the rights (including privacy rights) of others;
Any content that contains advertising;
Promotional materials or any form of unwanted solicitation for other Users, persons or entities;
Any content whose origin or source is falsified;
Any financial or personal information about you or any other person; and
Any information that Lex Start deems to be in violation of these Platform Terms of Use and its general business policy.
Any information, message, link, or item that Lex Start considers falling into any of the above categories will be immediately removed without liability to Lex Start.

Furthermore, Lex Start does not assume responsibility for filtering messages posted on Social Media.

Lex Start disclaims all liability with respect to entities that own or operate Social Media websites, including for any direct or indirect loss or damage arising from any action or decision taken by the User or any other person in connection with the use of Social Media websites.

The rules set forth above also apply to the Platform.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNIFICATION

Lex Start does not warrant the accuracy, completeness, quality, adequacy, or content of the information on the Platform or on Social Media. This information is provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of warranties.

Any information contained in blogs, videos or other methods of communication on the Platform or Social Media is not and shall not constitute legal advice, nor shall any information provided by Lex Start’s client department. The information is to be used for educational and general purposes only.

Any information provided by Lex Start to Users is solely about the content and terms of our Products and/or the use of our tools or the Platform.

To obtain an opinion or legal advice adapted to your situation, please consult a lawyer directly.

We advise the User to contact us by email at legal@lexstart.ca for any information related to the Products offered by Lex Start or to be put in contact with a lawyer.

Except where the Consumer Protection Act is applicable, Lex Start shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profits or anticipated economic benefits, arising out of the use of or inability to use the Platform, the information, documents and software contained therein, even if Lex Start has been advised of the possibility of such damages or even if such damages can be reasonably foreseen.

The User will indemnify and hold Lex Start harmless from and against all claims, liabilities, losses and expenses (including legal fees) arising out of the use of the Platform and the breach of these Terms of Use. In addition, Lex Start reserves the right to cease providing its services to the User if the User violates these Terms of Use.

MEDIATION

If a dispute concerning the interpretation and/or application of these Terms of Use cannot be resolved by negotiation in good faith 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 this Agreement, such modification shall be documented in a writing signed by the Parties and attached to these Terms of Use.

Any steps taken with respect to the use of mediation and any mediation session, as well as the existence of such steps, are 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.

ARBITRATION

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 of time before submitting the dispute to arbitration.

The arbitration shall be conducted under the aegis 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 force at the time of the 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 RIGHTS AND COMPETENT COURTS

The Platform and its content are managed by Lex Start from its offices located in the province of Quebec, Canada. The Platform, the Social Media and their content, the present Terms of Use and the use made by the User are all governed by the laws of Quebec and Canada which are applicable, without giving effect to any principle of conflict of laws.

Where the law does not permit the use of arbitration, User agrees that all issues and disputes concerning the Platform, the Social Media, and your use thereof shall be decided exclusively by the courts of the Province of Quebec.

In addition, any determination that any provision of these Terms of Use is invalid or unenforceable shall have no effect on the remaining provisions.

MODIFICATION OF THESE TERMS

Lex Start will occasionally update these Terms of Use. Continued use of the Platform and access to Social Media constitutes the User’s agreement to these Terms of Use and any updates.

User agrees and acknowledges that Lex Start reserves the right, at any time and without prior notice, to modify, change or update the Terms of Use.

However, when the Consumer Protection Act applies, Lex Start will notify, thirty (30) days before 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 cost or penalty, its obligations to Lex Start.

If the User objects to any modification to these Terms of Use, the User must immediately cease all use of the Platform and access to Social Media. Lex Start will attempt, to the extent possible, to inform Users of any changes to these Terms of Use. However, it is their responsibility to review these Terms of Use on a regular basis in order to be informed of any changes.

INTERPRETATION

The headings in the preceding sections are inserted for reference purposes only and do not affect the construction or interpretation of the provisions of these Terms of Use.

Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.

FRENCH AND ENGLISH LANGUAGE

In the event of any inconsistency between the English and French versions of these Terms of Use, the French version shall prevail.

CONTACT

Any User who has questions or comments regarding any content on the Platform or Social Media may contact us at legal@lexstart.ca.

Last updated on March 31, 2022.

LEX START PRIVACY POLICY

INTRODUCTION

In the face of new challenges and dangers related to preserving the security of personal information arising from online business, it is necessary to pay special attention to the protection of privacy. That is why we are seriously concerned about the privacy of your personal information and are committed to respecting the confidentiality of the information we collect.

Lex Start is committed to respecting, in accordance with this privacy policy (hereinafter the “Policy“) and the applicable laws in force in Canada and Quebec, the obligations concerning the collection and processing of your personal and confidential information obtained while operating its business, so that everyone can benefit from the respect of their privacy.

In this context, Lex Start wishes to ensure the accuracy, security, and confidentiality of your personal information and not to collect, use or disclose your personal information other than in accordance with this Policy and applicable laws.

The Policy describes the information we may collect during our business from our Users.

The Policy also describes, among other things, how Lex Start collects, processes, maintains your information, the purposes for which we collect it, how we use it, and the circumstances under which we may transfer it to third parties. The Policy explains your rights regarding the collection, use and disclosure of your personal information.

SCOPE OF THE POLICY

We collect your personal information as part of our mission to make the legal profession accessible to Quebec and Canadian entrepreneurs by providing you with Products, information and legal resources on our Platform.

The Platform also allows us to put you in contact with Partner Lawyers who can assist you.

You agree that your personal information collected when filling out any online form to, among other things, make contact, upload content to the Platform, or perform other services related to the Products, will be shared with appropriate and authorized Lex Start personnel. Lex Start will only share with Partner Lawyers and/or any third parties whose participation is strictly necessary to deliver the Products and/or maintain our business relationship with you, if any, the information necessary for such purposes (the Partner Lawyers and the aforementioned third parties may hereinafter be collectively referred to as “Third Party Providers“).

By providing Lex Start with your personal information, you authorize Lex Start to use and disclose such information to Third Party Providers, if any, in connection with the delivery of the Products, the management of our contractual relationship, our business relationship with you, and in accordance with this Policy and as permitted or required by law, as well as implicitly, if indicated by the circumstances.

In addition, Lex Start will seek your permission before using your personal information for purposes other than those for which you originally consented under the Policy.

Finally, you may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice. Please be aware, however, that without your consent, Lex Start may not be able to provide or continue to provide you with some of the services or information that may be useful to you.

If you provide Lex Start or its Third Party Providers with Personal Information about another individual or entity, you agree that you have the necessary authorization to do so and/or that you have obtained all necessary consents from that third party to allow us to collect, use and disclose their Personal Information for the purposes set out in this Policy.

To withdraw your consent or to stop receiving electronic communications from us, please write to the following email address: vieprivée@lexstart.ca / privacy@lexstart.ca.

COLLECTION OF PERSONAL INFORMATION

Personal Information is information that is specifically associated with an individual and can be used to identify that individual, either on its own or in combination with other information held by Lex Start or to which Lex Start may have access. Information that has been made anonymous or that has been arranged so that it can no longer be used to identify a particular individual is not Personal Information. For example, an individual’s office mailing address is not personal information, except when it is listed with other information about the individual, or when its mere listing would reveal personal information about the individual.

At Lex Start, one of the purposes for which Personal Information is collected is to provide you with legal information, Products, referral services or other services that you have agreed to receive from us.

By completing a Lex Start Standalone Contracts form, you are giving us permission to collect your personal information.

By completing a Lex Start Legal Kits or Corporate Kits form, you authorize us to collect your personal information on behalf of the Partner Lawyer, including to identify you in accordance with the ethical identification requirements of the Partner Lawyer.

Generally, we may also collect your location, IP address and data regarding your use of the Platform and any other information necessary to provide our services to you in the most appropriate manner.

The use of this information will be used for the administration of customer accounts, the management of customer and business relationships and to always comply with regulatory requirements. In addition, as a User of Lex Start and by providing your personal information, you authorize Lex Start to use your personal information for the purpose of receiving newsletters, surveys, promotions, or any other relevant information related to our business.

Lex Start may also compile lists of your names and mailing addresses for philanthropic, anonymous statistical or market research purposes. If you do not wish to have your name and mailing address compiled for these purposes, please contact us at vieprivée@lexstart.ca/privacy@lexstart.ca.

The deletion of personal information takes place when the User makes a written request to the above address. Lex Start reserves the right to refuse a User’s request if the User continues to use the Lex Start Services in any way.

Lex Start respects the retention period established by this policy, which is in accordance with the Law on the protection of personal information in the private sector. Therefore, the deletion of the data will be effective thirty (30) days after the receipt of the request for deletion of the personal information.

The Platform is designed for use by adults – as defined in the province of Quebec – only. Lex Start does not knowingly collect Personal Information from individuals under the age of eighteen (18).

For more information about the protection of your personal information, you may contact the Office of the Privacy Commissioner of Canada or the Commission d’accès à l’information du Québec.

Office of the Privacy Commissioner of Canada privcom.gc.ca
Commission d’accès à l’information du Québec cai.gouv.qc.ca

FORMS AND INTERACTIONS

Lex Start collects your personal information in accordance with legal requirements. Wherever possible and appropriate, we collect your Personal Information directly from you or from the individuals you have chosen to provide your Personal Information to us.

Your Personal Information is collected on our Platform, including through the forms listed below, where we request the following Personal Information from you:

Legal Resources Download Form:

First Name

Email Address

Order Form:

Last Name

First Name

Address

Phone

E-mail address

Banking information

Account creation form:

Username

Email Address

Product Forms:

Last Name

First Name

Address

Phone

Date of Birth

E-mail address

Citizenship

Immigration status in Canada

Free appointment form:

Last Name

First Name

Email address

Phone

Language

Legal consultation appointment form:

Last Name

First Name

Phone

Email address

Identification

Your basic personal information, such as your email, last name, first name, and phone number, may also be collected on our Platform, including via chat and/or phone or email.

ADVERTISING INFORMATION

Lex Start will only contact you if you wish to be contacted.

If the User does not subscribe to our newsletter, does not have a commercial relationship with Lex Start or has never purchased one of our Products, he will not receive any email from Lex Start without prior consent.

If the User prefers not to receive marketing information from us or does not want his or her personal information to be used to enhance his or her User experience, he or she should let us know by contacting the contact person listed in the “RIGHT OF OPPOSITION AND WITHDRAWAL” section below.

The User will, however, continue to receive communications from Lex Start while the request is being processed.

CANADA’S ANTI-SPAM LEGISLATION

Lex Start complies with the requirements of the Canadian Anti-Spam Legislation (CASL).

To unsubscribe from our electronic communication mailing list, please contact us at vieprivée@lexstart.ca/privacy@lexstart.ca.

PROTECTION AGAINST FRAUD AND THEFT OF YOUR PERSONAL INFORMATION

Lex Start always undertakes to comply with the laws and regulations applicable to its activity and to take all useful and necessary measures to detect and prevent negligence, fraud and theft of your personal information. However, although Lex Start takes precautions, Lex Start cannot guarantee that no case of fraud or theft of your personal information may occur.

THIRD-PARTY ADVERTISING DISPLAYED ON OUR PLATFORM

You may find third-party advertising displayed on our Platform. We do not allow third parties to collect your personal information on our Platform without your consent.

Lex Start prohibits and is not responsible for the resale or use by third parties of personal information obtained through opt-ins on our Platform by such third parties.

We do not sell or rent your Personal Information without your consent.

THIRD PARTY SERVICES

Lex Start may use, in connection with its provision of services and its Platform, third party services. In no event shall Lex Start be liable for any damages that may arise from such third party services. To know the Terms of Use of these services, we invite the User to consult their respective websites.

Lex Start being a law firm, it is subject to professional secrecy obligations. Lex Start is voluntarily committed to respecting the confidentiality of the information you provide and will only share this information with Third Party Providers.

In cases where Third Party Providers are not Partner Lawyers automatically subject to confidentiality obligations, such Third Party Providers are bound by contractual confidentiality obligations.

DATA EXCHANGED AUTOMATICALLY

Using cookies, we collect certain information in exchanges between your computer and our server. Cookies are files created by a Web site that record information about your computer’s navigation of the site. They are stored automatically on your electronic devices, allow you to connect to the Platform during subsequent uses and allow Lex Start to personalize the Platform.

This is primarily the following information:

Your IP address (example: 123.456.789.012);
Your domain name;
Your internet browser;
The language of consultation of the Platform;
Your browsing history;
Your path on the Platform.

Most of the information transmitted automatically does not allow us to know your identity. It is collected only because of the technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is usually possible to change this behavior. If you choose to decline cookies, you may not be able to sign in or use certain features of the Platform.

The use of such information allows us to improve the service, personalize the User experience and better track your past usage.

This information is also used for analysis and statistical purposes.

These Cookies are multiple, some expire when the User closes his browser and have no further effect while others may be retained. At any time, the User can deactivate the Cookies. In this case, Lex Start does not guarantee an optimal functioning of the Platform.

In addition to the methods described above, we may also collect information through Cookies or similar technologies, including during your visits to our website. These methods allow us to collect various types of information, including the pages you visit, the emails you read, and other information.

Lex Start also uses audience analysis services and technologies on its Platform. Lex Start uses Google Analytics. Google Analytics, a web analytics service, uses cookies and communicates data to Lex Start, on the traffic of the Platform, on the number of sales made on it and on the access to it. If you do not want Google Analytics to collect your browsing data from the Lex Start Platform, you can block the use of your browsing data by Google Analytics by following the procedure detailed at the following link: https://tools.google.com/dlpage/gaoptout?hl=fr. You can also prevent the storage of cookies by configuring your Internet browser. However, if you choose the latter option, you may not be able to take advantage of the entire Platform.

INTERNATIONAL COMMUNICATIONS

In some situations, your data may be transferred to servers located outside of Canada, including in the United States or the European Union, and held by companies located in and subject to the laws of the territories mentioned above.

The User acknowledges and releases Lex Start from any responsibility for the consequences of such transfer.

Lex Start may also share your personal information with third parties located outside of Quebec, in accordance with the terms of the Policy.

Lex Start undertakes not to share your Personal Information with third parties located in jurisdictions that do not offer a similar level of protection of personal information as Quebec.

SHARING OF PERSONAL INFORMATION

Lex Start undertakes not to commercialize the personal information collected without the express consent of the User. The only situation in which personal information may be sold is in the event of a partial or total transfer of the business of Lex Start to a third party. In such a case, the information transferred as an asset of Lex Start will be subject to the same safeguards as those in this Policy.

Except as otherwise stated in this Policy, Personal Information that the User provides will not be shared with third parties without the User’s permission. However, we may share such information with third party Service Providers that enable the delivery of the Product or the maintenance of our relationship with you. In such a case and at that time, you expressly consent to such sharing.

Lex Start may also publicly re-post or re-share personally identifiable information when you post Lex Start-related content on Social Media. In addition, by clicking on an external link located on the Platform, you may be accessing external websites that have their own privacy policies. You are advised to consult them, as you will be subject to them.

If the User does not want his personal information to be communicated to third parties, it is possible to object at any time, as mentioned in the section below “RIGHT OF OPPOSITION AND WITHDRAWAL”.

Lex Start may, in the following cases, exceptionally disclose the User’s personal information without his consent:

In case of legal obligation, when a Court order obliges Lex Start to communicate the User’s personal information.
Where consent cannot be obtained, and privacy laws permit Lex Start to disclose the User’s personal information. This is particularly the case when the protection of the public interest requires it.

RIGHT OF OPPOSITION AND WITHDRAWAL

We are committed to providing you with the right to object to and withdraw your Personal Information.

The right to object is understood to be the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned at the time of collection.

The right to opt-out is defined as the possibility for Internet users to request that their personal information no longer appears, for example, on a mailing list.

In accordance with the following section, the User is also entitled to request access to and correction of the personal information we have collected about you, as well as to exercise his or her right to object or opt-out, by contacting the contact person, whose contact information is provided in the “Contact Person” section below.

ACCESS TO YOUR PERSONAL INFORMATION

Other than as set forth in this Policy, your Personal Information collected by Lex Start hereunder will be accessible only by authorized and appropriate employees of Lex Start.

Lex Start, subject to certain exceptions, may inform you of your Personal Information, how it is used, and whether it has been shared with Third Party Providers. You will also be able to access that information for any amendment or deletion.

Your request for access must be made in writing and sent in accordance with the procedure set forth in the “Contact Us” section below.

Lex Start will acknowledge your request in writing and may ask you to confirm your identity before providing you with this information. Access to this information will normally be provided free of charge, but if you request a copy or transmission of your information, we may charge a reasonable fee. Lex Start will inform you of the amount in advance and give you the opportunity to withdraw your request. Lex Start will provide you with access to your information within thirty (30) days of receiving your request or will provide you with written notice that additional time is needed to fulfill your request.

In some cases, we may be unable to provide you with access to all or part of your information. If we are unable to do so, or if the law does not permit us to do so, we will provide you with an explanation and indicate what other steps are available to you.

SECURITY

The personal information that Lex Start collects is kept in a secure environment. Lex Start has adopted appropriate measures to maintain the confidentiality of your personal information and to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification, taking into account, among other things, the sensitivity of the information and the purposes for which it is to be used. In addition, we require that each of our employees, agents, representatives or subcontractors comply with this Policy.

To ensure the security of your personal information, we use the following measures :

Secure Sockets Layer (SSL) Protocol;
Access management – authorized person;
Access management – data subject;
Network monitoring software;
Computer backup;
User ID/password and dual authentication;
Encryption of sensitive data (e.g. password); and
Servers based primarily in Canada, the United States and the European Union, owned by companies located in the above-mentioned territories and subject to their legislation.

Our premises are secure, and we have technological safeguards in place to prevent unauthorized access to computers. We use industry standard data networks and work with partners to maintain a high level of ongoing security by incorporating the latest technological innovations.

However, since no mechanism offers maximum security, there is always some degree of risk inherent in using the Internet to transmit personal information. If you use a password to protect your account and personal information, it is your responsibility to keep it confidential.

Lex Start makes no warranty as to the integrity or security of any information provided or the security of any electronic communication with you and you consent to receive unencrypted electronic communications from Lex Start.

ENGLISH AND FRENCH LANGUAGE

In the event of any definitional or interpretation issues between the English and French versions of this Policy, the French version shall prevail.

MEDIATION

If a dispute concerning the interpretation and/or application of this Policy 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 with a person in authority to decide, before resorting to court 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 this Policy, such modification shall be documented in a writing signed by the Parties and attached to this Policy.

Any approach to the use of mediation and any mediation session, as well as the existence of such approaches, are 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.

ARBITRATION

The arbitration will preferably take place on the JustiCity platform under the aegis of a single arbitrator and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of the dispute. The arbitrator’s award shall be final, binding, and conclusive on the Parties.

Any 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 JURISDICTION

The Platform and its content are managed by Lex Start from its offices located in the province of Quebec, Canada. The Platform, the Social Media and their content, this Policy and the use made by the User are all governed by the laws of Quebec and Canada that are applicable, without giving effect to any principle of conflict of laws.

In addition, any determination that any provision of this Policy is void or unenforceable shall not affect the remaining provisions.

INTERPRETATION

The headings of the foregoing sections are inserted for reference purposes only and do not affect the construction or interpretation of the provisions of this Policy.

Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.

DIVISIBILITY

Each provision of this Policy forms a separate and distinct whole so that any determination by a court that any provision of this Policy is void or unenforceable shall not affect the validity or enforceability of any other provision of this Policy.

CONTACT

If you have any questions or concerns about the handling or maintenance of your personal information, please contact us at vieprivée@lexstart.ca / privacy@lexstart.ca.

MODIFICATION OF THIS POLICY

Lex Start reserves the right to modify or supplement this Policy at any time.

Lex Start will attempt, to the extent possible, to inform Users of any changes to the Policy. However, it is the User’s responsibility to review the Policy on a regular basis to be aware of any changes.

However, in connection with changes to our Policy, we will use your personal information only in accordance with the terms and for the purposes of this Policy in effect at the time you provided your information or as otherwise required or permitted by law, unless you have expressly consented to our doing otherwise.

Where the Consumer Protection Act applies, Lex Start undertakes to notify, thirty (30) days prior to the effective date of the change to this Policy, 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.

Last updated on March 31, 2022.

LEX START GENERAL TERMS AND CONDITIONS OF SALE

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 agree that by purchasing a Legal Kit or Corporate Kit, you are bound to a Lawyer Partner under the Terms of Reference, as explained in our Legal Notice (Terms of sale, Lex Start Privacy Policy and Mandate) available in full on this page.

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.

SERVICE

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.

ORDER

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.

CUSTOMER FEEDBACK

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.

CANCELLATION

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.

PRICE

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.

OTHER TAXES

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.

PRODUCT AVAILABILITY

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.

NON-REFUNDABLE PRODUCTS

Unless otherwise specified, stand-alone Contracts are non-refundable. Similarly, any Product that has begun the process of being fulfilled is non-refundable.

REFUND POLICY

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.

MINORS

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.

FORCE MAJEURE

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.

MEDIATION

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.

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.

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.

TITLES

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.

ASSIGNMENT

You may not assign your rights or obligations hereunder without the express written consent of Lex Start.

ENFORCEMENT

You are bound hereby and acknowledge that you have read and understood your rights and obligations.

INTERPRETATION

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.

ENTIRE AGREEMENT

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.

NO WAIVER

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.

GIFT

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 legal@lexstart.ca, 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.

CONTACT

If you have any questions or comments regarding any content on the Platform, please contact us by

Email: legal@lexstart.ca

AND/OR

For any refund, cancellation of order, you can contact us at the following email address: legal@lexstart.ca

MANDATE WITH LAWYERS

MANDATE WITH THE PARTNER LAWYERS

The Mandate sets forth the terms and conditions governing the agreement between the Client who purchases a Corporate Kit or a Legal Kit available on the Lex Start Platform and the Partner Lawyers regarding their rights, obligations, liability, scope of work required, fees, deadlines, and any other details.

The Client understands that by purchasing Legal Kits or Corporate Kits via the Platform he is giving the Partner Lawyer a limited scope of work. You are responsible for choosing the Legal Kit or Corporate Kit that suits your needs. In case of doubt, you can talk to a Partner Lawyer, through our legal consultation service available on the Platform (hereinafter the “Consultation”). The Partner Lawyer will only verify the conformity of the documents generated by the Automatic Document Generation Technology with the laws in force in Canada, and will explain to you, at your request, the content of the document and his comments and/or suggestions and answer your questions.

The Automatic Document Generation Technology and the Transmission Technology are used only for the purpose of automatic document generation or automated governmental processes.

These technologies are only an interface to facilitate the procedures you undertake for yourself, or on behalf of your legal structure, and not on behalf of others.

The client understands that he will not meet in person with the Partner Lawyer, except in the case of an ethical obligation, and that the latter may, through the Platform or otherwise, ask the Client for various elements enabling them to identify him and verify his identity, if necessary, in accordance with the applicable ethical rules.

All exchanges of information between the Client and the Partner Lawyer are mainly virtual, through the various channels available on the Platform.

The Clients understand that all communication of their information allowing the delivery of the Legal Kits or Corporate Kits will be done online, mainly through the filling of the automated Forms available in the Client Account.

In the execution of the Mandate, any information provided by the Client to the Partner Lawyer remains strictly confidential and is governed by professional secrecy.

The Client hereby authorizes the Lawyer Partner to share the information provided to the Lawyer Partner by the Client only with Lex Start, which may share the information with its third party service providers. Attorney Partner agrees to maintain confidentiality agreements between itself and Lex Start at all times and to require Lex Start to maintain the same type of agreement with its Third Party Providers.

Except as permitted in the preceding paragraph, no information will be shared with third parties unless specifically authorized by the person providing the information or necessary for the performance of the Mandate.

The Lawyer Partners are members of the Quebec and/or Ontario Bar and are governed by the Quebec Bar Act and the Professional Code, on the one hand, and by their code of ethics, on the other hand, and by the laws of the other provinces, if applicable.

Because of his ethical obligations and to avoid any conflict of interest, the Lawyer partner identifies the Client and verifies the existence of a conflict before the beginning of the Mandate, thanks to the information that the Client will have given him when filling in the automated Forms.

In the execution of the Mandate, the role of Lex Start is limited to the following aspects, all in accordance with the Legal Notice available on the Platform:

Provide customer service and information on the Legal Kits or Corporate Kits offered on the Platform;
Collect and transfer information necessary for the execution of the Mandate by the Partner Lawyer;
Put the Client and the Partner Lawyer in contact with each other;
Provide the Partner Lawyer with the automated Forms completed by the Client and the document automatically generated by its Automatic Document Generation Technology
Automatically transmit the necessary information to the government, on behalf of the Client, in order to proceed with governmental procedures, using its Transmission Technology, if applicable;
Manage the electronic signature of documents, if applicable.

Unless otherwise specified, the Lawyer Partner does not act as an advisor to make recommendations on the Client’s needs. The mandate of the Lawyer Partner is strictly limited to:

promptly taking charge of the Client following receipt of the automated Forms and documents automatically generated by the Automatic Document Generation Technology
ensuring the compliance of the documents generated by the Automatic Document Generation Technology, according to the laws in force in Quebec, Canada, and Ontario, if applicable
to make telephone calls to answer the Client’s questions during the preparation of the Legal Kits or Corporate Kits as specified on the respective Product sheet on the Platform
exchange with the Client by e-mail, including the review of the first version of the Legal Kits or Corporate Kits, and limited to the number of round trips specified on the respective Product sheet on the Platform
validate all Legal Kits;
validate all Corporate Kits delivered to clients, limited in this case to the exclusive acts reserved for lawyers that may be necessary for the delivery of this type of Product.

By purchasing Legal Kits or Corporate Kits on the Platform, the Client does not waive the professional secrecy binding him to the Partner Lawyer, but authorizes, only for the benefit of Lex Start’s staff and Third Party Providers to have access to the information for the purpose of delivering the Product. The purpose is to allow Lex Start to put the Client in contact with the Partner Lawyer, to collect the information necessary for the Partner Lawyer to fulfil his Mandate and to follow the progress of the procedures with him or her.

CONSULTATIONS

The purpose of the Consultation is to inform and guide the Client on general business law information and not to provide a legal opinion, tax advice or an in-depth study of a document. The interpretation of specific clauses of a contract or document is at the discretion of the Partner Lawyer but may be subject to additional billing after discussion with the Client. The Consultation is based on the information provided by the Client. It does not cover other areas of law such as, but not limited to, family law, immigration law, criminal law, tax law or accounting.

The Consultation is not intended to address complex, litigious or urgent situations. It will always be possible to ask the Partner Lawyer to give a legal opinion, but this may require the drafting of a note and additional legal research which will be charged extra.

The Consultation has the maximum duration displayed on the description of the service on the Platform. If the allocated time is not sufficient, the Partner Lawyer may, with the Client’s consent, charge additional fees to continue the assistance.

If a search is required after the Consultation, the Partner Lawyer may, with the Client’s consent, issue a mandate and carry out the search.

If Partner Lawyer determines that the situation is too complex to help over the telephone or if a conflict of interest exists between Partner Lawyer and Client, Partner Lawyer will not perform the Consultation, will notify Client as soon as possible and a full refund will be offered to Client.

FEES

The details of the fees provided for in the Mandate and their terms of payment are provided in the Terms of sale.

QUESTIONS

If you have any questions or need clarification on the scope of this mandate, or any other situation, please contact Lex Start at legal@lexstartavocats.com or speak with the Partner Lawyer in charge of your file.