By creating an account to access the Platform (as defined below), by accessing the Platform or by clicking “I Agree” or similar electronic acceptance, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set out below (the “Terms of Use”).
14364449 Canada Inc., doing business as Leya Technologies ("Leya”, “we", “us”, or “our”) has designed and developed a technological platform (the “Platform”) to eligible members (the “Users”). The Platform allows Users to access legal services including access to legal information, creation of legal documents, live chat, consultations or services from attorneys and notaries (collectively, the “Services”).
These Terms of Use must be read along with our privacy policy on the following link (our “Privacy Policy”, and collectively with the Terms of Use, the “Terms”) which describes how Leya protects the personal information of the Users. Thus, if you do not wish to be bound by these Terms, please do not access or use the Platform.
Leya may update or revise these Terms from time to time. If it is the case, we will notify you and all our Users. If you do not agree to, or cannot comply with, the Terms as revised, your sole recourse is to cease your use of the Platform and Services. You will be deemed to have accepted the Terms as amended if you continue to use the Platform after any amendments are made.
Access to the Platform
Grant of Permission: We hereby grant you permission to access and use the Platform solely for your personal non-commercial purposes and only as permitted by these Terms with the main purposes to access our Services.
Suspension of Services: We may suspend or terminate your access to the Platform if your use of the Services breaches any of these Terms. Furthermore, we reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Platform or Services for any reasons, including unforeseeable and irresistible events (force majeure) or technical or security threats. We are not responsible for any resulting interruptions, but we will notify you and take reasonable steps to minimize the interruption.
Provision of Services through the Platform
While Leya uses reasonable efforts to include accurate and up-to-date information on the Platform, your use of the Platform is at your risk. Leya is not liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Platform even if Leya has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Platform is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES.
Changes or updates to the contents of the Platform may occur without notice.
A. Legal Information:
The Platform allows you to access legal information on several subjects. Leya’s content is for educational purposes ONLY. We don't provide legal advice, but we provide relevant information of complicated legal topics to help guide you through your process. You should consult with your own lawyer or request a legal consultation via our Platform with one of our Legal Professionals (as defined below) for legal advice.
The Platform is a general service that provides legal information over the Internet. We are NOT a law firm and our employees are NOT acting as your attorney or notary. The information contained on the Platform is general legal information and should not be construed as Legal Advice (as defined below) to be applied to any specific factual situation.
Any use of the Platform DOES NOT create or constitute a solicitor-client relationship between Leya or any employee of or other person associated with Leya and its Users. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Platform is not a substitute for the advice of a lawyer.
B. Legal Documents:
The Platform facilitates the creation of legal documents, the availability of which may vary from time to time. For the purposes of these Terms, a “Final Document” denotes any legal document produced through Leya's offerings or Platform, for which you are allowed to:
Utilize the Final Documents as detailed by the Terms;
Generate necessary physical copies (e.g. printed or photocopied) of the Final Documents for maintaining personal records and for executing the specific transactions for which they are designed.
These documents are based on models and are NOT tailored to your specific case, needs and objectives. You should review all documents generated within the Platform to make sure that they are tailored to your specific needs.
C. Legal Services:
The Services refers to legal services provided by attorneys and notaries professionals (each, for the purposes of these Terms, a “Legal Professional”) using information and communications technologies, such as interactive messaging, audio and video technology or in-person meetings.
During a consultation on the Platform, you and the Legal Professional may discuss your legal matter, including your case history, legal issues, and any necessary legal documentation or advice. The Legal Professional may use the communication and interactive features of the Platform to assess your legal situation and provide guidance, draft legal documents, or refer you to other legal professionals or resources for further legal assistance or follow-up actions.
The Services cover most personal legal matters. The following matters are excluded:
Employment-related matters, including company or statutory benefits;
Matters involving the employer, the Legal Professional and Leya;
Trial, appeals and class actions;
Farm and business matters;
Patent, trademark and copyright matters;
Frivolous and unethical matters;
Matters for which an attorney-client relationship exists prior to the participant becoming eligible for plan benefits.
All disputes between you and a Legal Professional are between you and such professional and not with us. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you.
PLEASE ALSO NOTE THAT LEYA ONLY PROVIDES THE PLATFORM (AND RELATED TECHNOLOGY) THAT CONNECTS YOU WITH LEGAL PROFESSIONALS. THE LEGAL PROFESSIONALS ARE INDEPENDANT THIRD PARTIES AND ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL LEGAL SERVICES PROVIDED TO YOU ON THE PLATFORM.
Legal Advice, Information and Decision-Making Responsibility
For the purposes of these Terms, “Legal Advice” is defined to include the following:
any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney or notary;
advice on which legal document or documents you need or are best for your situation;
determining the legal consequences that will or could result from how you have created your legal document;
whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
whether you have omitted any necessary provisions or details from your legal documents; and
whether you require any additional legal documents or legal procedures.
You understand and agree that Leya is NOT a law firm and does NOT provide any Legal Advice. Your use of Leya material (including any Final Document) or any Services does not create a solicitor-client relationship between you and Leya.
You agree that all decisions you make on legal matters are your full responsibility and you agree to seek guidance from a lawyer licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
User Accounts on the Platform
Account Registration: To use and access the Platform, you must register for a user account (the “Account”). You must have been invited by Leya to create an Account as a benefit of your employment or your membership with an employer or an association or as part of your insurance program or any third party that provides Leya’s Services to its employees, members or insurance holders, as the case may be (your “Related Party”), in which case you are a “Account Holder”.
Account Responsibility: As an Account Holder, you are responsible for maintaining the confidentiality of your Account and password. You are not permitted to transfer or sell your Account to any other person nor provide any other person with access to your Account as further provided in these Terms. You may however allow individuals within your household to use your account to access the Platform, provided you have obtained their consent and request to do so.
You agree to provide accurate, current and complete information about yourself during the registration process and to promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time.
Data and Confidentiality
Account Security. You agree to keep your Account credentials secure and not to share your password or allow others to access the Platform. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
Use for Personal Benefit. You agree to use the Services only for your personal benefit and not for the benefit of third parties. Any legal advice or services received through the Platform are solely for your use.
Information Sharing and Confidentiality. At this time, all information accessible in your Account can be read by any and all household members whom you share your Account. As such, you acknowledge and agree that we cannot ensure the confidentiality of the information in your Account if you share your Account with someone. Similarly, you confirm that you will inform your family members of such possibility if you share your Account with them.
Responsibility for Data. You are responsible for data that you provide or use in respect of the Platform. You are solely responsible for determining the suitability of use of the Platform for your needs and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the Platform.
Compliance with Data Protection Laws. You warrant that collection and use of any personal information or data you provide while using the Platform complies with all applicable data protection laws, rules, and regulations. You acknowledge your understanding and hereby provide your consent that we may process such personal data in accordance with our Privacy Policy.
Usage Data. Leya may collect, generate, store and use diagnostic and usage-related data, and information, or insights generated or derived from the use and operation of the Platform (the “Usage Data”). Leya owns all right, title, and interest in Usage Data and may use it for its business purposes, including providing support for our services, customer account management, industry analysis, benchmarking, analytics, and developing and improving its products and services.
User Representation and Warranty. You hereby represent and warrant to us that: (a) you have all requisite rights and authority to use the Platform and to grant all applicable rights herein; (b) any information you submit to us is true, accurate, and correct; and (c) you will not attempt to gain unauthorized access to the Platform, computer systems, or networks under the control or responsibility of us through hacking, cracking, password mining, or any other unauthorized means
Appropriate Use of the Platform and the Services
Location of the Services. Leya’s platform is only currently offered in Québec (Canada). Some of the Services are regulated and may not be available in Québec due to the laws and regulations for such services. The Services offered through the Platform depends on your eligibility for the Services and your location of access of the Platform.
Platform Use. Your use of the Platform is subject to all applicable local, provincial/territorial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose.
YOU AGREE THAT YOU WILL NOT RECORD AND/OR DISTRIBUTE IN ANY WAY, MANNER OR FORM ANY SERVICE OR SESSION, INCLUDING ANY CONSULTATION, FINAL DOCUMENT OR “ASK-ME ANYTHING” EVENT, WITHOUT OUR PRIOR WRITTEN AUTHORIZATION.
Prohibited Activities. You agree not to use the Platform to engage in unlawful activities, spam, abusive behavior, or to upload or promote objectionable material. You may not disrupt the Platform's use or bypass security measures. More specifically, without limiting the generality of the foregoing, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
is illegal, or violates any federal, provincial, or local law or regulation;
violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
interferes with any other party’s use and enjoyment of the Platform;
attempts to impersonate another person or entity;
accesses or uses an Account without the Account Holder’s permission;
distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Platform;
uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Platform; or
attempts to do any of the foregoing.
b. Inappropriate Language. You must communicate respectfully and refrain from abusive, hateful, or discriminatory language when interacting with Legal Professionals on the Platform.
Payments of Charges and Cancellation Fees
Additional Charges.
You may access and use the Leya Platform through the web-app page loaded onto a mobile device or via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform.
In addition, Leya provides you with a wide range of Services as part of the Leya plan subscribed to by your Related Party, as the case may be (please contact your representative or email support@leya.ca to verify what is included in your plan).
However, there are some Services that are not included in your plan and you are responsible for paying any fees or charges (the “Charges”) for those services unless an insurer or other third party has arranged with Leya to pay the Charges on your behalf. We will always inform you when a Service is not included in your plan so that you may choose whether or not you wish to pay for that Service. Note that due to regulatory constraints, this option may not be available to you.
Some Legal services may have associated charges. You are responsible for any fees related to these services, and you must provide valid payment information. Payments must be made directly with the Legal Professional you chose to retain.
B. Cancellation Fees.
Each Legal Professional will have its own policy on meeting cancellation or rescheduling. We invite you to discuss these fees with the Legal Professional you will have chosen.
Links to Third-Party Sites and Third-Party Information
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third-party websites are not under our control, and we are not responsible for the contents of any such website, or any link contained in such website. The third-party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third-party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third-party websites.
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Leya Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us.
WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Ownership of Intellectual Property Rights
The contents of the Platform include, without limitation, all information, data – except the Users’ data –, products, materials, services, software applications and tools, design elements, text, images, lines of codes, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Content.
The Platform together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Platform, are the exclusive property of Leya, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use any of the Content, our trademarks or other intellectual property of Leya. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.
No information or statement contained in these Terms or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Leya or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner. The limited rights granted to you under these Terms may be revoked by us at any time for any reason whatsoever.
Termination and Cancellation.
Termination by Leya: We may terminate your use of the Platform as contemplated above, notably in case of breach or non-compliance by you of these Terms. If you want to terminate your Account with us, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; (iii) you have completed any other obligation(s) associated with your use of the Platform; and (iv) you are no longer in a relationship with your Related Party ; or (v) your Related Party is no longer one of our clients, your account will be closed after a delay period of thirty (30) days.
Obligations. Subject to any applicable laws and the ethical and professional obligations of the Legal Professional(s) providing Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations. Please note that if we disable access to your Account, you will not be able to access records of your past Consultations.
Connectivity Issues.
IN NO EVENT WILL LEYA LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE OUR REASONABLE CONTROL.
Severability.
These Terms, constitute the entire agreement between you and Leya relating to your use and our provision of the Platform.
You agree that we may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Platform.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
Obtaining Leya Content.
To request our consent for any of the actions for which such consent is required under these Terms, please send us an email to legal@legal.ca. We reserve the right to refuse any such requests at our sole discretion.
Applicable Laws and Jurisdiction.
THE LAWS OF THE PROVINCE OF QUÉBEC AND THE FEDERAL LAWS APPLICABLE THEREIN SHALL GOVERN THESE TERMS IN ALL RESPECTS, EXCEPT FOR ANY CONFLICT OF LAWS THAT WOULD RESULT IN THE APPLICATION OF OTHER LAWS. ANY OTHER DISPUTE RELATING TO THESE TERMS OR THE USE OF THE PLATFORM SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF MONTRÉAL, PROVINCE OF QUÉBEC.
Class Action Waiver.
You will not seek to have the dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
By accessing the Platform (as defined below) or by clicking “I Agree” or similar electronic acceptance, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set out below. 14364449 Canada Inc., doing business as Leya Technologies (“Leya”, “we“, “us”, or “our”) is a company that provides a legal assistance platform (the “Platform”) that allows eligible members (the “Users”) to access legal services such as access to legal information, creation of legal documents, live chat and virtual consultations with vetted attorneys and notaries (the “Services”) through the Platform. Our Services are delivered through the Platform using standardized forms and questionnaires crafted by us or our associated professionals via instant messaging or video call (the “Consultations”). By accessing or using the Platform or by being provided with any of our Services, you are bound by these terms and conditions (the “Terms of Use”). It’s mandatory to read our privacy policy (the “Privacy Policy”, with the Terms of Use, the “Terms”) which describes how Leya protects the personal information of the Users. Thus, if you do not wish to be bound by these Terms, please do not access or use the Platform. Leya may update or revise these Terms from time to time. If it is the case, we will notify you and all our Users. If you do not agree to, or cannot comply with, the Terms as revised, your sole recourse is to cease your use of the Platform and Services. You will be deemed to have accepted the Terms as amended if you continue to use the Platform after any amendments are made.
1. Access to the Platform Grant of Permission:
We hereby grant you permission to access and use the Platform solely for your personal non-commercial purposes and only as permitted by these Terms with the main purposes to access our Services.
Suspension of Services: We may suspend or terminate your access to the Platform if your use of the Services breaches any of these Terms. Furthermore, we reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Platform or Services for any reasons, including unforeseeable and irresistible events (force majeure) or technical or security threats. We are not responsible for any resulting interruptions, but we will notify you and take reasonable steps to minimize the interruption.
2. Provision of Services through the PlatformA. Legal Information and Document Creation:
The Platform allows you to access legal information on several subjects. All content provided by Leya is written, edited and reviewed by our in-house team of editors and lawyers. Leya’s content is for educational purposes ONLY. We don’t provide legal advice, but we provide relevant information of complicated legalese topics to help guide you through your process. You should consult with your own lawyer or request an E-Legal Consultation (as defined below) for legal advice. The Platform is a general service that provides legal information over the Internet. We are not a law firm and our employees are not acting as your attorney. The information contained on the Platform is general legal information and should not be construed as Legal Advice (as defined below) to be applied to any specific factual situation. Any use of the Platform DOES NOT create or constitute a solicitor-client relationship between Leya or any employee of or other person associated with Leya and its Users. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Platform is not a substitute for the advice of a lawyer.
B. Legal Documents: The Platform facilitates the creation of legal documents, the availability of which may vary from time to time. For the purposes of these Terms, a “Final Document” denotes any legal document produced through Leya’s offerings or Platform, for which you are allowed to: utilize the Final Documents as detailed by the Terms; produce up to three digital copies of each Final Document for personal use; generate necessary physical copies (e.g. printed or photocopied) of the Final Documents for maintaining personal records and for executing the specific transactions for which they are designed. If uncertain about any modifications needed for your specific scenario, it’s recommended to seek guidance from a lawyer licensed to practice in your jurisdiction or opt for an E-Legal Consultation.
C. Legal Consultations: E-legal services refers to legal services provided at a distance using information and communications technologies, such as interactive messaging, audio and video technology (the “E-Legal Services”). The Platform allows you to access to quality E-Legal Services from vetted attorneys and notaries professionals (each, for the purposes of these Terms, a “Regulated Legal Professional”) via a e-legal consultation, whether by audio or video (the “E-Legal Consultation”). Our E-Legal Services are provided using Regulated Legal Professionals duly licensed in Canada in their province and/or territory of practice and when required, in your province and/or territory of residence. The Platform offers Users the privilege of unlimited E-Legal Consultations, each up to a duration of 45 minutes, for each new legal issue. For the purposes of these Terms, “new legal issues” are defined as any legal matter or concern that you have not previously consulted about on the Platform. This means that any subsequent consultations related to the same issue, facts, circumstances, or parties, even if presented in a different context or manner, will not be considered as a “new legal issue”. Additionally, as a User of the Platform, you will be entitled to receive discounted rates for services provided by our Regulated Legal Professionals. The specifics of such discounts shall be provided upon request or at the time of engaging with the Regulated Legal Professional. During an E-Legal Consultation on the Platform, you and the Regulated Legal Professional may discuss your legal matter, including your case history, legal issues, and any necessary legal documentation or advice. The Regulated Legal Professional may use the communication and interactive features of the Platform to assess your legal situation and provide guidance, draft legal documents, or refer you to other legal professionals or resources for further legal assistance or follow-up actions. The E-Legal Consultation covers most personal legal matters. The following matters are excluded: Employment-related matters, including company or statutory benefits; Matters involving the employer, the Regulated Legal Professional and Leya; Trial, appeals and class actions; Farm and business matters; Patent, trademark and copyright matters; Frivolous and unethical matters; Matters for which an attorney-client relationship exists prior to the participant becoming eligible for plan benefits.
PLEASE ALSO NOTE THAT LEYA ONLY PROVIDES THE PLATFORM (AND RELATED TECHNOLOGY) THAT CONNECTS YOU WITH OUR REGULATED LEGAL PROFESSIONALS. THE REGULATED LEGAL PROFESSIONALS ARE SOLELY RESPONSIBLE FOR AND HAVE COMPLETE CONTROL, AUTHORITY AND SUPERVISION OVER ALL LEGAL SERVICES PROVIDED TO YOU ON THE PLATFORM.
B) Quality and ComplaintsOur Services are provided by appropriately qualified and experienced Regulated Legal Professionals. If you are not satisfied with the Services provided or should you wish to raise a concern about our Services or the Platform, please do so as soon as possible following the event by contacting us via the Platform or by email at support@leya.ca. In case of any concerns related to our E-Legal Services, our team will conduct an internal investigation, and, with your further consent, we may communicate with you during or after the internal investigation in order to seek your input and/or additional details. All concerns related to our Regulated Legal Professionals and/or any other Leya professionals, counselors or advisors will be handled with respect for the confidentiality of our Users information and their right to privacy (on a data minimized, need-to-know basis); and, where applicable, in accordance with the rules applicable to these Regulated Legal Professionals as per their relevant regulatory body. All disputes between you and a Regulated Legal Professional are between you and such professional and not with us. Under no circumstances do we have an obligation to resolve any dispute or provide a refund to you (in such case that the Consultations were paid by you directly).
3. Legal Advice, Information and Decision-Making Responsibility
For the purposes of these Terms, “Legal Advice” is defined to include the following: any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney or notary; advice on which legal document or documents you need or are best for your situation; determining the legal consequences that will or could result from how you have created your legal document; whether you have included inappropriate, conflicting, or ambiguous information in your legal documents; whether you have omitted any necessary provisions or details from your legal documents; and whether you require any additional legal documents or legal procedures. You agree that Leya is not a law firm and does not provide Legal Advice. Your use of Leya material (including any Final Document) or any Services does not create a solicitor-client relationship between you and Leya. If you receive any communication from Leya, its agents, its employees or any other associated entity, which is a Legal Advice, you agree that it is NOT a communication authorized by Leya and you agree to immediately delete and disregard it. You agree that all decisions you make on legal matters are your full responsibility and you agree to seek guidance from a lawyer licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
4. User Accounts on the Platform A. Account Registration:
To use the Platform and access the Services, you must register for a user account (the “Account”). You must be have been invited by Leya to create an Account as a benefit of your employment or your membership with a company or an association or as part of your insurance program with a company that provides Leya’s Services to its employees, members or insurance holders, as the case may be, in which case you are a “Account Holder”.
B. Account Responsibility: As an Account Holder, you are responsible for maintaining the confidentiality of your Account and password. You may not transfer or sell your Account to others. You agree to provide accurate, current and complete information about yourself during the registration process and to promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to transfer or sell your Account to any other person nor provide any other person with access to your Account as further provided in these Terms.
5. Confidentiality A. Account Security.
You agree to keep your Account credentials secure and not to share your password or allow others to access the Platform. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.
B. Use for Personal Benefit. You agree to use the Services only for your personal benefit and not for the benefit of third parties. Any legal advice or services received through the Platform are solely for your use.
6. Privacy and Communications
A. Personal Information. By accessing or using the Platform, you agree that we may collect and use certain information about you, including personal information and personal legal information, as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy. Questions or requests with respect to your personal information may be sent via email to privacy@leya.ca.
B. Communication. We may send you communications related to your use of the Platform and Services, including reminders and administrative notices. For example, we may send you reminders of your E-Legal Consultations, administrative notices and other information about your use of the Platform. We will use secure channels for sensitive communications.
7. Appropriate Use of the Platform and the Services
A. Location of the Services. Leya’s platform is only currently offered in Québec (Canada). Some of the Services are regulated and may not be available in Québec due to the laws and regulations for such services. The Services offered through the Platform depends on your eligibility for the Services and your location of access of the Platform.
B. Platform Use. Your use of the Platform is subject to all applicable local, provincial/territorial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, reverse engineer, duplicate, copy, sell, trade or resell any features of the Platform or any of our products and services for any purpose. YOU AGREE THAT YOU WILL NOT RECORD AND/OR DISTRIBUTE IN ANY WAY, MANNER OR FORM ANY CONSULTATIONS OR SESSION, INCLUDING E-LEGAL CONSULTATION OR “ASK-ME ANYTHING” EVENT, WITHOUT OUR PRIOR WRITTEN AUTHORIZATION.
a. Prohibited Activities. You agree not to use the Platform to engage in unlawful activities, spam, abusive behavior, or to upload or promote objectionable material. You may not disrupt the Platform’s use or bypass security measures.
b. Inappropriate Language. You must communicate respectfully and refrain from abusive, hateful, or discriminatory language when interacting with legal professionals on the Platform.
8. Payments of Charges and Cancellation Fees
A. Additional Charges.
You may access and use the Leya Platform through the web-app page loaded onto a mobile device or via a web browser. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform. In addition, Leya provides you with a wide range of Services as part of the Leya plan subscribed to by your employer, association or insurance company, as the case may be (please contact your HR representative or email support@leya.ca to verify what is included in your plan). However, there are some Services that are not included in your plan and you are responsible for paying any fees or charges (the “Charges”) for those services unless an insurer or other third party has arranged with Leya to pay the Charges on your behalf. We will always inform you when a Service is not included in your plan so that you may choose whether or not you wish to pay for that Service. Note that due to regulatory constraints, this option may not be available to you. Some legal services may have associated charges. You are responsible for any fees related to these services, and you must provide valid payment information. Payments must be made directly with our Regulated Legal Professional. As a User of the Platform, you will be entitled to receive discounted rates for services provided by our Regulated Legal Professionals. The specifics of such discounts shall be provided upon request or at the time of engaging with the Regulated Legal Professional.
B. Cancellation Fees Cancellation. Fees may apply for certain legal services, including for a E-Legal Consultation, if canceled within a 24-hours timeframe. Leya reserves the right to cancel appointments under certain circumstances.
9. Links to Third-Party Sites and Third-Party Information
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third-party websites are not under our control, and we are not responsible for the contents of any such website, or any link contained in such website. The third-party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third-party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third-party websites. Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including Leya Professionals, information providers, or any user of the Platform, are those of the respective author(s) or publisher(s) and not of us.
WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
10. Ownership of Intellectual Property Rights
The contents of the Platform include, without limitation, all information, data – except the Users’ data –, products, materials, services, software applications and tools, design elements, text, images, lines of codes, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Platform” includes all of the Content. The Platform together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Platform, are the exclusive property of Leya, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use any of the Content, our trademarks or other intellectual property of Leya. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party. No information or statement contained in these Terms or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of Leya or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform. Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws. You may not create a link to the Platform without our prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Platform provided that such link is to the entry page of the Platform and does not portray us or any of our activities or services in a false, misleading, derogatory, or otherwise negative manner. The limited rights granted to you under these Terms may be revoked by us at any time for any reason whatsoever.
11. Termination and Cancellation. Termination by Leya: We may terminate your use of the Platform as contemplated above, notably in case of breach or non-compliance by you of these Terms. If you want to terminate your Account with us, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iii) you have completed any other obligation(s) associated with your use of the Platform.
Obligations. Subject to any applicable laws and the ethical and professional obligations of the Regulated Legal Professional(s) providing Services to you, we will have no further obligation of any kind whatsoever to you or any other party. We reserve the right to preserve, retain or delete your information, including personal information, in accordance with the Privacy Policy and any applicable laws and regulations. Please note that if we disable access to your Account, you will not be able to access records of your past Consultations.
12. Connectivity Issues. IN NO EVENT WILL LEYA LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE OUR REASONABLE CONTROL.
13. Severability. These Terms, constitute the entire agreement between you and Leya relating to your use and our provision of the Platform. You agree that we may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Platform. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
14. Obtaining Leya Content. To request our consent for any of the actions for which such consent is required under these Terms, please send us an email to legal@legal.ca. We reserve the right to refuse any such requests at our sole discretion.
15. Applicable Laws and Jurisdiction. THE LAWS OF THE PROVINCE OF QUÉBEC AND THE FEDERAL LAWS APPLICABLE THEREIN SHALL GOVERN THESE TERMS IN ALL RESPECTS, EXCEPT FOR ANY CONFLICT OF LAWS THAT WOULD RESULT IN THE APPLICATION OF OTHER LAWS. ANY OTHER DISPUTE RELATING TO THESE TERMS OR THE USE OF THE PLATFORM SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF MONTRÉAL, PROVINCE OF QUÉBEC.
16. Class Action Waiver. You will not seek to have the dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.