Terms & Conditions
This agreement applies as between you,
the User of this Website and Market Legal, the owner(s) of this
Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and
15 – 25 of these Terms and Conditions is deemed to occur upon your first use of
the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you
do not agree to be bound by these Terms and Conditions, you should stop using
the Website immediately.
No part of this Website is intended to constitute a contractual offer capable
of acceptance. Your order constitutes a contractual offer and Our acceptance of
that offer is deemed to occur upon Our sending a confirmation email to you
indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means
collectively any online facilities, tools, services or information that Market
Legal makes available through the Website either now or in the future;
"Legal advice": means having the law and legal principles applied to a specific case, something only a licensed legal professional can do;
"Legal information": means knowledge about law and the legal system in general terms;
"Services": means the services available to you through this Website, specifically use of the Market Legal proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 2500-120 Adelaide St. W. Toronto, ON M5H 1T1.
"System": means any online communications infrastructure that Market Legal makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Market Legal Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (marketlegal.com) and any sub-domains of this site (e.g. subdomain.yourfirm.com) unless expressly excluded by their own terms and conditions; and
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 All rights, title, and interest in the Content or other materials published on the Website, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Market Legal, our affiliates or other relevant third party rights holders and protected by copyright and other intellectual property laws. Except as explicitly authorized under these Terms, no rights are granted to You. By continuing to use the Website you acknowledge that such material is protected by applicable laws of Canada and International intellectual property and other laws.
- 4.2 Upon receipt of payment for the Services, the Website grants you a limited, non-exclusive, revocable license to access and use the Website and the Content for your personal, non-commercial use, subject to the terms and conditions outlined herein. This license does not include any rights to (a) sell, resell, or use commercially the Content; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Website or Content, or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Website or Content other than for their intended purposes.
- 4.3 If you create, upload, post, or otherwise make available any Content on the Website, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. Furthermore, you grant the Website a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such Content in any form, in all media now known or hereinafter created, anywhere in the world. You also grant the Website the right to use your name, persona, and likeness in connection with the reproduction or distribution of such material.
- 4.4 Market Legal respects the intellectual property rights of others and expectsits Users to do the same. It is the Website's policy to terminate the accounts of Users who repeatedly infringe or are believed to be or are at risk of infringing the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Market Legal with a detailed claim of infringement.
5. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Market Legal shall be governed by and construed in accordance with the Law of Ontario and Market Legal and you agree to submit to the exclusive jurisdiction of Canada.
6. Severability
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Market Legal or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site marketlegal.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@marketlegal.com.
9. Account and Access Rules
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist, or infringes on the intellectual property of others;
- 9.1.3 You must not submit Content that is intended to promote or incite violence.Market Legal reserves the right, but not the obligation, to review, edit, or remove any Content that violates these Terms and Conditions or is otherwise objectionable.;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Market Legal or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Market Legal reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Market Legal may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 9.5 You agree to indemnify, defend, and hold harmless Market Legal, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to Your account (including negligent or wrongful conduct) by the You or any other person accessing the Website using the Your account.
10. Accounts
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either Market Legal or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 11.3 Market Legal shall not be liable for any damages, losses, or expenses of any kind incurred by the You or any third party as a result of the termination of your account, whether such termination was initiated by Market Legal or You.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Market Legal correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan or Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 Market Legal reserves the right, at its sole discretion, to modify, suspend, or discontinue the Website and/or any Services or Content offered through the Website at any time with or without notice to You. Market Legal shall not be liable to You or any third party should it exercise such rights.
- 12.5 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.6 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.7 Market Legal shall not be liable for any delay or failure to provide the Services or perform any of its obligations under these Terms and Conditions if such delay or failure is due to causes beyond its control, including but not limited to acts of God, natural disasters, pandemic, terrorism, war, governmental actions, or any other similar events. In such circumstances, the affected party shall be entitled to a reasonable extension of time for the performance of such obligations.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Market Legal and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Market Legal shall use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your Order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 Market Legal provides technical support via our online support forum and/or phone. Market Legal makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
All sales are final. No refunds will be issued. Please read the lawyer’s course before purchasing to make sure their product is right for you. Lawyers spend a considerable amount of time producing high quality affordable legal information which provides immense benefits. By providing affordable legal information, a lawyer is exposing the inner workings of their business for a price not possible to offer through service. Given the exclusivity, high value and usefulness of the legal information provided and the fact that a lawyer’s material will become easy to copy or relied on once accessed, we must make all sales final. If you are a customer looking for guarantees from any legal information product you should not purchase on this website and hire a lawyer instead.
15. Privacy
Use of the Website is also governed by Our Privacy Policy (marketlegal.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
16. Intentionally Omitted
17. Disclaimers
- 17.1 We make no warranty or representation that the Website or any Content posted or sold on the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 The Content and other information available on the Website, including but not limited to videos, articles, and other materials, is for informational purposes only and is not intended to be a substitute for professional legal advice. Users should not act or refrain from acting on the basis of any Content or other information from the Website without first seeking appropriate legal or other professional advice on the specific facts and circumstances from a licensed professional. The Website expressly disclaims all liability in respect to actions taken or not taken based on any or all of the Content or any other information available on the Website.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- 17.5 Any complaints, disputes, or grievances related to the Content must be directed to the respective Content creator. The Website serves as a platform for hosting and selling Content and is not responsible for mediating disputes between users and Content creators. Users agree to resolve any disputes directly with the Content creator and acknowledge that the Website is not liable for any costs, losses or damages arising from such disputes.
18. Changes to the Facilities and these Terms and Conditions
- We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Market Legal uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Content, Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Market Legal's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
21. No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Market Legal.
24. Communications
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@marketlegal.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Dispute Resolution
- In the event of a dispute arising from or in connection with these Terms and Conditions, You agree to attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved through negotiation within a period of 30 days, You agree to submit the dispute to binding arbitration under the law of Ontario. The decision of the arbitrator shall be final and binding on both parties.