Terms and Conditions

Terms and Conditions of Use (Services)

Posted January 4, 2021

These Terms and Conditions of Use, (hereinafter, the “Terms”) are effective immediately for new Users and 30 days after the above date for current Users. These new Terms supersedes all previous versions.

The following describes the terms on which Legalhood offers you access to the following services: online dispute resolution, “Small Claims Court Assistance”, as well as the automated Demand Letter, (collectively, the “Services”).

DEFINITIONS

Account: section on the Site where you may modify your profile, see the state of your claims, your Demand Letters, etc..

Demand Letter: document generated by the Site according to the information provided by the User.

Recipient: any person (natural person or legal person) that receives the Demand Letter.

Sender: User that fills out the smartform and sends the Demand Letter to the Recipient.

Site: the www.Legalhood.com website owned by Legalhood.

User: any person (natural person or legal person) who accepted the general Terms and Conditions as well as the Terms and Conditions of Use.

TERMS AND CONDITIONS OF USE APPLICABLE FOR EACH SERVICE

CAPACITY

By using the Site, you recognize being at least 18 years old. If you represent a business or an organization, you confirm having its mandate or the capacity to make a binding decision.

FEES

Legalhood may change the fees and its related terms from time to time.

The fees may be changed temporarily for promotional events, and such changes are effective when we post the temporary promotional event or new service on the Site or on our promotional material.

Legalhood uses “Stripe” to collect its Transaction fee. The accepted payment options with Stripe are the following: Visa, MasterCard and American Express. All fees are quoted in Canadian Dollars.

MODIFICATIONS

Legalhood may review and modify the Services at any time and at its sole discretion by posting the changes on the Site. You agree to review the Terms from time to time to verify and understand any changes which may have occurred.

Your continued access the Site and to your Account after modifications have been made to the Services will be equivalent to your acceptance of these modifications.

RESOLUTION OF DISPUTES

The Terms are solely and entirely subject to the laws applicable in the Province of Quebec and the federal laws of Canada applicable therein. The courts of the judicial district of Montreal have exclusive jurisdiction over any dispute relating to the Terms, to the exclusion of any other jurisdiction.

GENERAL

You may contact Legalhood toll-free via phone by following the instructions listed on our Contact Us page.

These Terms sets forth the entire understanding and agreement between the User and Legalhood with respect to the Services. The following sections survive any termination of these Terms: Fees, User’s Responsibilities and Warnings.

If any of the provisions in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

In our sole discretion, Legalhood may assign these Terms, by providing our Users written notice.

Legalhood’s silence, omission, negligence and/or delay to exercise any right or recourse must never be interpreted as renunciation to exercise such right or recourse.

In the event of a dispute between the English and French version, the French version of these Terms and all related documents shall govern.

1) AUTOMATED DEMAND LETTER SERVICE

SERVICE

Legalhood automatically generates a Demand Letter. The User can choose how to deliver it. If the User choses for it to be delivered by Legalhood, the latter uses Canada Post’s registered mail to deliver it to the Recipient’s address that is submitted by the Sender in the smartform. Then, the User shall receive Canada Post’s automated emails containing the tracking number and its delivery notifications. These are Legalhood’s responsibilities for this service.

If the Sender wishes to purchase one of the legal services offered à la carte, for example a legal review, this service will be provided by one of Legalhood‘s partner law firms.

FEES

The cost of the Demand Letter varies according to the options chosen. The Demand Letter, without shipping, starts at ninety-nine ($99), plus applicable taxes. It costs twenty ($25), plus applicable taxes with delivery by registered mail. The total amount is shown on the payment page, and it varies depending on the chosen options.

SENDER’S RESPONSIBILITIES

If you are the Sender of a Demand Letter:

– You are responsible for the exactitude of all the information that you submit in the Demand Letter, such as the address, as well as its description, and you assume full responsibility for the content of the Demand Letter;

– You agree to pay Legalhood‘s transaction fee in full before signing it electronically;

– You understand that the deadlines on Legalhood are calculated in calendar days (not business days);

– Legalhood is not liable for the content, alleged facts or the scope of the complaint in the Demand Letter;

– You are responsible to verify the delivery status of your Demand Letter with the Canada Post tracking number provided to you by Legalhood, via the Canada Post website.

If in doubt about any information, content or element of your Demand Letter, Legalhood recommends that you consult a lawyer.

WARNINGS

The Sender accepts that sending a Demand Letter will not necessarily solve the Sender’s matter or problem. He also acknowledges having to check its delivery status.

Legalhood is not liable for any damage or inconvenience caused by a delay in the communication between the parties involved in the Demand Letter and/or is not liable for any other legal damage sustained by the parties. Legalhood is not responsible for à la carte legal services offered by partner firms. If Legalhood is found to be liable by a competent jurisdiction, our liability to you or to any third party is limited to the greater of: (a) the transaction fee paid to Legalhood, which you paid to us in the 12 months prior to the judgment date, or (b) one hundred Canadian dollars ($100 CAD).

Legalhood is not responsible if the Recipient’s address, entered by the Sender in the smartform is invalid.

Make sure you have the right address.

Legalhood does not transfer and is in no way liable for any money transfer between Users resulting from a Demand Letter.

2) SMALL CLAIMS ASSISTANCE SERVICE

SERVICE

Our smartforms coupled with our technology allows Users to create their own claim to file with the Small Claims Court.

Legalhood automatically generates a claim for the Small Claims Court and sends it to the courthouse address, all according to the information indicated by the claimant in the smartform. If the User wishes to purchase one of the legal services offered à la carte, for example a legal review, this service will be provided by one of Legalhood‘s partner law firms.

FEES

The Small Claims Assistance service costs ninety-nine dollars ($99), plus applicable taxes. This amount includes sending the claim by registered mail, or electronically where applicable, to the courthouse.

PLAINTIFF’S RESPONSIBILITIES

If you are the plaintiff:

– you are responsible for the accuracy of any information contained in the claim, including the defendant’s address, as well as the alleged facts, and you assume full responsibility for the content of this claim;

– you agree to pay Legalhood all of the transaction costs required before the claim is sent to the courthouse;

– you understand that Legalhood’s deadlines are calculated in calendar days (not business days);

– you understand that Legalhood cannot be held liable for the fact that a claim is made after the limitation period prescribed by law. The User is responsible for respecting such deadlines;

– you understand that Legalhood is not liable for the content, the alleged facts or the extent of the claim;

– you understand that this service is simply a tool to help our Users make their legal documents themselves; and

– you understand and acknowledge that you are responsible for all the legal aspects of your claim.

If in doubt about any information, content or element in your file and / or claim, Legalhood recommends that you consult a lawyer or a paralegal.

WARNINGS

The plaintiff understands and recognizes that sending the claim to court does not in any way guarantee a positive outcome of the dispute which concerns him.

Legalhood is not responsible for any inconvenience resulting from communication delays between the parties involved in the claim, nor from other legal effects suffered by the parties. Legalhood is not responsible for à la carte legal services offered by partner firms. If Legalhood is found to be liable by a competent jurisdiction, our liability to you or to any third party is limited to the greater of: (a) the transaction fee paid to Legalhood, which you paid to us in the 12 months prior to the judgment date, or (b) one hundred Canadian dollars ($100 CAD).

Legalhood cannot be held responsible for an invalid courthouse address entered by the User in the smartform, for the fact that you have chosen the wrong courthouse or the wrong jurisdiction.

Legalhood does not carry out and is in no way responsible for transfers of money between Users in connection with any claim generated by the Site.

3) ONLINE FAMILY MEDIATION SERVICE

SERVICE

The Site helps Users, as well as the mediator, to manage an online family mediation. This is currently offered in the province of Quebec only.

Legalhood allows the mediator, through our smartforms, to collect the relevant information from the parties in order to quickly mediate by videoconference.

FEES

The costs of the online family mediation service vary according to the parties’ family situation.

• If the couple has never mediated and they have dependent children and lives in Quebec, the first five (5) hours are free and paid for by the government. You must provide the necessary information to the mediator in order to benefit from this government service. Subsequent hours cost one hundred and ten dollars ($110) per hour, per couple.
• If the couple has already mediated or if there is a judgment and they have dependent children, the first two and a half hours (2:30) are free and paid by the government. You must provide the necessary information to the mediator in order to benefit from this government service. Subsequent hours cost one hundred and ten dollars ($110) per hour, per couple.
• If the couple has never mediated and they do not have dependent children, the first three (3) hours are free and paid for by the government. You must provide the necessary information to the mediator in order to benefit from this government service. Subsequent hours cost one hundred and ten dollars ($110) per hour, per couple.
• Fees are payable by credit card (Visa, MasterCard, American Express).
• The parties, not covered by the government and who had to pay fees, have up to two (2) working days before the mediation to withdraw in order to obtain a reimbursement. Otherwise, the mediator will have already started the preparatory work and you will not be entitled to any reimbursement.

RESPONSIBILITIES OF THE PARTIES

– You are of legal age (18 and over);

– You are responsible for the accuracy of all information contained in the smartforms, including the address, information related to the family situation, the alleged facts, and you assume full responsibility for their content;

– You allow Legalhood to invite, on your behalf, the opposing party to participate in mediation;

– You agree to pay Legalhood the full transaction fees required, if any, before the information is sent to the mediator;

– You understand that Legalhood can choose the mediator of its choice;

– You understand that Legalhood can refuse a mandate at any time;

– You understand that Legalhood cannot be held liable for the fact that a request is made after the limitation period provided by law;

– You understand that this service is only a tool to facilitate the family mediation process; and

– You understand and acknowledge that you are responsible for all legal aspects of your request.

If in doubt about any information, content or element in your file, Legalhood recommends that you consult a lawyer or paralegal.

WARNINGS

The parties understand and recognize that family mediation does not in any way guarantee the settlement of the dispute or conflicts that concern them.

Legalhood is only liable for the maintenance of the technology. The actions of the mediator are not Legalhood‘s responsibility. The mediator must have liability insurance. You acknowledge that any damage resulting from an action by the mediator is the responsibility of the latter and not of the intermediary Legalhood.com.

You recognize that Legalhood has the right to refuse requests for mediations made to it. The reasons for refusing are in particular (but not limited to) if a case is too complex or, if there is a conflict of interest which cannot be resolved.

Legalhood is not responsible for any inconvenience arising from communication delays between the parties, nor from other legal effects suffered by the parties. If Legalhood is found to be liable by a competent jurisdiction, our liability to you or to any third party is limited to the greater of: (a) the transaction fee paid to Legalhood, which you paid to us in the 12 months prior to the judgment date, or (b) one hundred Canadian dollars ($100 CAD).

4) ONLINE ARBITRATION SERVICE

SERVICE

The Site helps Users, as well as the arbitrator, to manage the proceedings of an accelerated version of arbitration, online by videoconference. This product is currently only available in the province of Quebec.

It is an arbitration procedure where the arbitrator’s decision is final and cannot be appealed.

Legalhood allows the arbitrator, through our smartforms, to collect the relevant information from the parties in order to quickly proceed to an arbitration by videoconference.

FEES

The fees for the online arbitration service are five hundred dollars ($500) per party. This includes fees related to technology and fees related to the arbitrator.

• Fees are payable by credit card (Visa, MasterCard, American Express).
• The parties have seven (7) days to withdraw in order to obtain a refund. Otherwise, the arbitrator will have already started the work.

RESPONSIBILITIES THAT YOU UNDERSTAND AND ACCEPT

– You are an adult (18 and over) or an emancipated minor;

– You are responsible for the accuracy of all information contained in the smartforms, including the address, the information related to the dispute (the alleged facts), the documents filed, and you assume full responsibility for their content;

– You acknowledge that you have exhausted the settlement possibilities, including the use of mediation;

– You acknowledge that the procedure and the evidence will be done in a summary manner according to the directives of the arbitrator, in particular:

• that you are limited to online questionnaires and the videoconference session to communicate information about your file to the arbitrator;
• that the arbitration (the videoconference session) will have a maximum duration of 45 minutes;
• that the arbitrator has all the powers necessary for the exercise of his jurisdiction;
• that his arbitration decision will be summarily motivated (about three (3) pages), in the form of a series of “whereas“;

– You acknowledge that provisional measures or safeguard orders will not be permitted in the context of arbitration under these rules for expedited arbitration;

– You allow Legalhood to invite, on your behalf, the opposing party to participate in online arbitration;

– You agree to pay Legalhood all of your arbitration costs, if any, before the information is sent to the arbitrator;

– The arbitrator will only be chosen and mandated when the two (2) parties have effectively advanced their respective costs.

– You understand that Legalhood can choose the arbitrator of its choice. The parties must contact Legalhood in the event of a conflict of interest;

– You understand that Legalhood can refuse a mandate at any time;

– You understand that Legalhood cannot be held responsible for the fact that a request is made after the limitation period provided by law;

– You understand that this service is only a tool to facilitate the arbitration process; and

– You understand and acknowledge that you are responsible for all legal aspects of your request.

If in doubt about any information, content or element in your file, Legalhood recommends that you consult a lawyer or a paralegal.

WARNINGS

Legalhood is only responsible for the maintenance of the technology. The exercise of the function of arbitrator is not the responsibility of Legalhood. The arbitrator must have liability insurance. But you acknowledge that the arbitrator cannot be prosecuted for acts performed in the exercise of his function unless he has acted in bad faith or has committed a gross or intentional fault.

You recognize that Legalhood has the right to refuse arbitration requests made to it. The reasons for refusing are notably (but not exclusively) if a case is too complex or, if there is a conflict of interest which cannot be resolved.

Legalhood is not responsible for any inconvenience arising from communication delays between the parties or scheduling problems or from other legal consequences suffered by the parties. If Legalhood is found to be liable by a competent jurisdiction, our liability to you or to any third party is limited to the greater of: (a) the transaction fee paid to Legalhood, which you paid to us in the 12 months prior to the judgment date, or (b) one hundred Canadian dollars ($100 CAD). Legalhood is not responsible for exceeding time limits such as the prescription linked to the exercise of a right before a court.

HERE ARE THE SERVICES OFFERED BY LEGALHOOD’S PARTNER FIRMS, FOR INFORMATION PURPOSES ONLY

EXPRESS LEGAL CONSULTATION BY A LAWYER  OR PARALEGAL 

Access to a “hotline” with a lawyer or paralegal from Legalhood‘s legal network.

The service is offered within two hours of receiving a request sent to this effect by a client, Monday to Friday, 9 a.m. to 3 p.m., except on statutory holidays. (There are no calls from noon to 1:00 p.m.)

FEES

The service costs seventy-nine dollars ($79), plus applicable taxes, and allows the User to discuss on the phone for a maximum of fifteen (15) minutes.

The User agrees to pay all of the required transaction fees at the start of the process and recognizes that in the event of non-payment, the request will not be processed.

This service is not refundable, unless a request to this effect is made to Legalhood by the external lawyer or paralegal responsible for the consultation, in the event that he is unable to respond to the client. If the call did not take place at the scheduled time, the customer can request that the call take place at another time or request a refund.

WARNINGS

Customer acknowledges that the entity providing the consultation varies; the client cannot choose the lawyer or the paralegal. However, the client will be notified of the legal professional’s identity.

Given the limited information communicated to the lawyer or paralegal, the client acknowledges that the latter cannot provide a complete answer and that his mandate is limited. The lawyer or paralegal undertakes to answer the client according to the information communicated to him and not to advise the client on his entire file.

REVIEW SERVICE FOR DEMAND LETTERS

Once the demand letter is completed on the virtual platform, the client has the option of paying for a legal review of their demand letter, with or without a telephone call, with the lawyer (or paralegal). The service consists of giving comments to the client and guiding him in the drafting of his demand letter.

These services are offered Monday to Friday, 9 a.m. to 5 p.m., except statutory holidays.

FEES

Here are the à la carte services.

• The legal review costs Thirty-five dollars ($50), plus applicable taxes. The lawyer or paralegal reviews the demand letter and provides their comments in the form of notes.
• The legal review + telephone call costs eighty five dollars ($100), plus applicable taxes. The lawyer or paralegal reviews the demand letter and sets up a telephone call with the client to provide comments and answer legal questions.

This service is not refundable, unless a request to this effect is made to Legalhood by the external lawyer or paralegal responsible for the review, in the event that he is unable to respond to the client.

WARNINGS

The client acknowledges that the entity providing the legal service varies; the client cannot choose the lawyer or the paralegal. However, the client will be notified of the identity of the legal professional providing the review.

The client acknowledges that the lawyer or paralegal is not responsible for the demand letter that is sent to the recipient. He also recognizes that the review services are simply there to provide assistance for drafting the demand letter. The client is fully responsible for its content.

In addition, lawyers or paralegals who review demand letters do so on the basis of the information they have. If the client fails to provide information that could possibly have an effect on the obtained result, he will be held responsible.

Given the limited information communicated to the lawyer or paralegal, you acknowledge that the latter cannot provide you with a complete legal opinion and that their mandate is limited in scope. The lawyer or paralegal undertakes to answer you according to the information you have communicated to him and not to advise you on your entire file.

The service offered is ultimately a support to the customer, who writes his own demand letter. 

REVIEW SERVICE FOR SMALL CLAIMS

Once the claim is completed on the virtual platform, the client has the option of paying for a legal review of their claim, with or without a phone call with the lawyer (or paralegal) and a preparation for the trial. The service consists of giving feedback to the client and guiding him in writing his claim. In some provinces and territories, representation in court may be available.

These services are offered Monday to Friday, 9 a.m. to 5 p.m., except statutory holidays.

FEES

Here are the à la carte services.

• The legal review costs one hundred and twenty dollars ($120), plus applicable taxes. The lawyer or paralegal reviews the claim and provides comments in the form of notes.
• The legal review + telephone call costs one hundred and forty dollars ($170), plus applicable taxes. The lawyer or paralegal reviews the claim and sets up a telephone call with the client to provide comments and answer legal questions.
• The legal review + telephone call + trial preparation costs two hundred and forty dollars ($240), plus applicable taxes. This service includes the above two services as well as a preparation session for the trial.

Court fees are also administered by the system whether or not an à la carte review service has been selected. Additionally, if the amount associated with your claim changes, court fees may also change and you may be billed accordingly.

This service is not refundable, unless a request to this effect is made to Legalhood by the external lawyer or paralegal responsible for the review in the event that he is unable to respond to the client.

WARNINGS

The client acknowledges that the entity providing the legal service varies; the client cannot choose the lawyer or the paralegal. However, the client will be notified of the identity of the legal professional providing the review.

The client acknowledges that the lawyer or paralegal is not responsible for the claim that is sent to the courthouse. He also recognizes that the review services are simply there to provide assistance for drafting the claim. The client is fully responsible for its content.

In addition, lawyers or paralegals who review claims do so on the basis of the information they have. If the client fails to provide information that could possibly have an effect on the obtained result, he will be held responsible.

Given the limited information communicated to the lawyer or paralegal, you acknowledge that the latter cannot provide you with a complete legal opinion and that their mandate is limited in scope. The lawyer or paralegal undertakes to answer you according to the information you have communicated to him and not to advise you on your entire file.

The service offered is ultimately a support to the customer, who writes his own claim. forty six