LEX START TERMS OF SALE
I.TERMS OF SALE
This Agreement (hereinafter “the Agreement”) sets out the terms and conditions applicable to the sale of products or/and services (hereinafter the “Services”) of Lex Start, a company specialized in the sale of legal documents validated by an external partner lawyer. Lex Start has its place of business on the 5420 Saint Laurent, Bur. 300, Montreal, QC, H2T 1S1 and its phone number is 514-621-2750 (hereinafter “Lex Start”). Lex Start consists of an online platform to connect users (hereinafter the “User” or “Users”) of the site (hereinafter “Platform”) with partner lawyers (hereafter “Partner Lawyer “or the “Partner Lawyer”) for the drafting of legal documents, contracts and other fixed-price services, to the extent possible.
Lex Start reserves the right to modify these terms and conditions.
The terms (you) and (yours) are associated with the person who is purchasing products from the Lex Start. By using our Platform to purchase Online Services, you must agree to these terms of sale and agree to be bound by them. You also agree that by purchasing a Service, you agree to be bound to the Partner Lawyer under a retainer Agreement in which Lex Start is not a party. You declare that you are of the required age to enter into this Agreement and to be bound by its terms. This Agreement contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject.
For further information regarding your rights and obligations, we suggest that you read the applicable laws and regulations, as well as the terms and conditions of our Partner Lawyer (INSERT HYPERLINK).
II. AUTHORIZATION FOR USE OF ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between you and Lex Start and any Partner Lawyer via the Internet or by e-mail. You agree that this Agreement (as well as any order confirmation accepted by Lex Start as indicated in Section 3) is equivalent to an original written agreement between you and Lex Start. When completing the form, you agree that Lex Start will transfer your information to the Partner Lawyer and track your file.
You also agree that all agreements, notices, information and other communications that we send to you electronically satisfy the legal requirements under which such communications are to be made.
III. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
You declare that you have read the Other Policies and you agree to be bound by their terms and conditions. Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the other policies, the provisions of this Agreement shall apply. Other terms and conditions may apply to the purchase of Services and the use of other sections of the Platform.
Lex Start offers an online platform for Users to purchase legal kits that include an information form completed by the User, which enables the personalization of legal documents or the accomplishment of legal proceedings. The personalized documents are sent to a Partner Lawyer in charge of validating them or taking all required action. As such, Lex Start acts as administrative support to Users.
Lex Start does not provide any legal services; it acts solely as an intermediary between the User and the Partner Lawyer, while ensuring effective customer service. The User and the Partner Lawyer are bound together by a mandate (hereinafter the “Mandate”). The Mandate will be accepted by the User upon the transmission of an order and must be confirmed by the Partner Lawyer once all the ethical checks have been carried out. As long as the Partner Lawyer has not accepted the Mandate, and therefore the service has not been provided, Lex Start reserves the right not to provide the Service to the User who will be refunded the amount paid in advance on the Site. In case of refusal by the Partner Lawyer, Lex Start will notify the User and will take steps, to the extent that it is possible, to find an Alternative Partner Lawyer.
Lex Start acts as a payment intermediary and is only compensated by its administrative fees, the legal fees being paid to the Partner Lawyer once the Service is rendered.
Lex Start is responsible for collecting personal information about the User to allow identification by the Partner Lawyer in accordance with the ethical requirements of identification.
Please note that by using the Lex Start Services, you agree to waive the professional secrecy binding you to the Partner Lawyer for the benefit of Lex Start. This disclaimer allows Lex Start to put you in contact with the Partner Lawyer and check the progress of the Partner Lawyer’s work.
The display of the information indicated on the Site is authoritative, however Lex Start reserves the right to modify this information at its convenience, in accordance with applicable legal and regulatory provisions.
To benefit from Lex Start’s Services, you must open an account on the Platform with a registration form.
You will receive a confirmation from Lex Start by email. Once the registration confirmation has been received, you will be considered as registered on the Platform and will be able to use it until your voluntary or forced cancellation from the Platform.
When you register online, you agree to provide accurate and up-to-date information about yourself and to update this information promptly if necessary to ensure that it remains accurate and complete.
You acknowledge that you are responsible for:
- maintaining the confidentiality of the passwords you choose or are assigned as a result of your registration or subscription;
- any activity that takes place under your username or password; and
In addition, you agree to notify Lex Start of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this article, Lex Start will not be liable for any resulting loss or damage.
Prior to submitting an order for Services using the Platform, you must proceed with a pre-order confirmation (the “Order Confirmation”) which includes, among other things, the selected Service (s), the purchase price, the shipping fees and applicable taxes.
Any transmission of an online order automatically implies acceptance of the offer made by Lex Start for the purchase of the Services described in the Order Confirmation, based on prices, other fees and other terms and conditions presented in the Order Confirmation. It also implies the User’s consent to the provisions of the Mandate (link to the mandate page) entered into with the Partner Lawyer.
An order does not bind Lex Start until it is fully paid.
Once the payment has been made and the order has been sent, the User will subsequently receive a confirmation of the identity of the mandated Partner Lawyer.
The acceptance of your order by Lex Start is attested by means of an email sent by Lex Start. The order will be finally validated once the Partner Lawyer confirms the mandate.
Indeed, it is the responsibility of the Partner Lawyer to ensure that no conflict of interest exists between themselves and the User. In the event of a conflict of interest, Lex Start will, to the extent possible, assign the mandate to another Partner Lawyer, or will refund the User.
VII: LEX START-LAWYER-CLIENT RELATIONSHIP
The Lex Start Platform allows Users to obtain legal documents at a fixed price and Partner Lawyers to offer their legal expertise. Once the User has placed an order and the Partner Lawyer has confirmed the possibility of a mandate, the relationship is governed by a Mandate Agreement between the User and the Partner Lawyer.
Lex Start is not in any way party to the Mandate Agreement and is not responsible for the quality and legality of the final legal documents.
By placing an order on the Site, the User agrees to purchase the Services necessary for their needs, while the Partner Lawyer agrees to ensure, independently, the performance and the quality of their obligations in accordance with the provisions on the website page dedicated to the chosen Service and in accordance with the terms defined in the Mandate.
The User and the Partner Lawyer commit, equitably and in good faith, to ensure the good execution of the Mandate.
Lex Start reserves the right to limit its quantities, refuse or cancel an order, including after the transmission of an Order Confirmation even if it has been billed to you. If your order is cancelled after the processing of your payment, Lex Start will refund you in full in accordance with the applicable legal and regulatory provisions and in accordance with this Agreement.
Following the order, Lex Start reserves the right to cancel or refund an order if the Partner Lawyer does not accept the Mandate.
The amount invoiced to the User for the chosen Service is displayed on the order confirmation, following the addition, by the User, of a Service in his basket on the Platform.
The price to be paid by the User breaks down as follows:
- Fees of the Partner Lawyer;
- Fees and possible disbursements (administrative costs, deposit fees, etc.);
- Lex Start fees.
All prices are, in the absence of an indication to the contrary, in Canadian dollars. If you use a credit card with a reference currency other than Canadian dollars, the financial institution that issued your credit card will determine the conversion rate.
Although Lex Start strives to provide a precise description of its prices, the risk of error remains. Lex Start reserves the right to correct and to modify the price of its Services and any incorrect information. If a price is incorrect, Lex Start reserves the right to cancel your order and the fees charged, in this situation, Lex Start will contact you to offer you a new order based on the adjusted price or refund you under the terms of this Agreement and the applicable legal and regulatory provisions.
Lex Start reserves the right to modify this Agreement and will, to the extent possible, try to notify you by email to this effect, within a period of 30 days prior to the effective date of the change.
X: 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 attest to be the legally authorized holder of the credit card that will be used to pay the order. Payments by credit card will be made using Paypal or Stripe.
Lex Start will send an invoice to customers who have purchased Services. The Partner Lawyer will not send any invoice to the customers.
XI: AVAILABILITY OF SERVICES
The availability of certain Services may be limited. Lex Start may modify or withdraw Services at any time without notice. If a Service, ordered by a User, is not or no longer available, Lex Start will notify them by email and their order will be automatically cancelled.
Only Users over the age of 18 or eligible to enter into enforceable contracts may benefit from Lex Start Services. The underage User may use Lex Start only under the supervision of a parent or guardian.
XIII: OTHER TAXES
Taxes will be shown separately for each order in the Order Confirmation, as applicable. You must pay all sales taxes, usage taxes, goods and services taxes, harmonized sales taxes and other taxes and fees applicable to the order or registration.
XIV: TRANSFER OF PROPERTY
Accounts cannot be sold, rented or transferred to third parties. Lex Start retains ownership of the accounts and these can only be used from the Platform.
XV: APPLICABLE LAW AND TERRITORY OF APPLICATION
This Platform and its server are both located in Montreal. This Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada that apply in that province. This Agreement shall be considered in all respects as a distance or off-premises contract governed by the laws of the Province of Quebec, without regard to the principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded as well as all other international sales conventions.
Headings are included in this Agreement for the sole purpose of facilitating its consultation and understanding and shall not affect the interpretation of this Agreement. The general interpretation of this Agreement is subject to the provisions of the Civil Code of Québec.
You may not assign your rights or obligations under this Agreement without the express written consent of Lex Start.
You are bound by this Agreement and acknowledge having read your rights and obligations.
This Agreement shall be interpreted in accordance with the rules of the Civil Code of Québec. The clauses of this Agreement are interpreted in light of each other, giving to each the meaning that results from the whole of the Agreement.
XX: ENTIRE AGREEMENT
This Agreement, the other Policies, terms and conditions incorporated herein by reference or referred to herein, constitute the entire agreement between you and Lex Start with respect to the terms of sale, the use of the Platform and the transactions made on this site or from this site. They supersede all prior agreements or agreements (electronic, oral or written) concerning the subject matter hereof, and may only be modified in writing in accordance with this Agreement.
XXI: ABSENCE OF RENUNCIATION
The fact that Lex Start does not enforce any provision hereof or fails to deal with any breach hereof by or on behalf of any third party does not mean that Lex Start waives its right to enforce the terms of this Agreement or to respond to similar shortcomings in the future.
You attest that you have read and understood this Agreement and that the entirety of this document does not contain any illegible or incomprehensible clause, and accept the entirety of this Agreement, without reserve.
XXII. FRENCH AND ENGLISH LANGUAGE
If a problem of definition or interpretation arises between the English and French versions of this Policy, the French version shall prevai.