Terms of Use and Privacy Policy

 

Before using this website or accessing any information on this website, please carefully read the following terms and conditions. By accessing this website you accept the terms and conditions contained below. If you are not prepared to accept ALL of these terms and conditions, please exit this site now.  

You and your organization (collectively “you”) agree to the following terms and conditions, as modified or amended by Kalemi Law Professional Corporation ("KLPC") (collectively “we”) from time to time. Each time you access this website, you confirm again your acceptance of this agreement.  

Disclaimer 

The materials provided on this website are for educational and informative purposes and do not constitute legal or professional advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our website to your particular circumstances. Nothing contained on this website should be taken as legal advice. If you require legal advice, you should contact us, or contact the Law Society of Upper Canada for a directory of lawyers at www.lsuc.on.ca. You should not act or omit to act on anything based on any of the material contained herein without first consulting with a lawyer.  

The reading, sending or receiving of information from or via this website does not create a lawyer-client relationship of any kind. If you contact any lawyer at KLPC, your contact alone also does not create a lawyer-client relationship of any kind.  A lawyer-client relationship will only form between you and us or any lawyer or paralegal at KLPC if we specifically agree to act for you in writing. Until we specifically agree to act for you in connection with a particular matter, please do not provide us with any confidential information or material.  

Although we have made best efforts to ensure that the materials and information contained on this site are accurate, the law and rules change quickly. We do not guarantee that the content in this website is accurate, complete, current or up-to-date.  

We also do not warrant or guarantee that this website will be available without interruption, error or omission; that errors or defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful applications.  

Confidentiality 

KLPC cannot guarantee the confidentiality of communications sent by e-mail, through the use of our website contact forms, through the use of this website generally or left on our telephone voicemail. Unsolicited information and material may not be treated as confidential and will not be protected by solicitor- client privilege or any lawyer-client relationship unless we agree to in writing.  

Copyright and Ownership 

All materials published or otherwise accessible through this website including but not limited to articles, opinions, photographs, images, videos, illustrations, information, forms, documents, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, products, services, product names, company names, trademarks, logos and trade names contained on the website (collectively referred to as the “Content”) and including the manner in which the Content is presented or appears is protected by Canadian and international intellectual and industrial property rights. The Content and the compilation of all Content on this website is the exclusive property of KLPC. You agree to abide by all additional copyright notices and restrictions contained in any Content.  

No Unlawful or Prohibited Use 

You agree that you will not, without our prior written consent, use this website or the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the website or the Content or any part thereof on any commercial or non-commercial website. You acquire absolutely no rights or licences to the website or the Content other than the limited right to use the website and the Content in accordance with this agreement.  

Certain words, phrases, names, designs or logos used on the website may constitute the trademarks or trade names of KLPC or of third parties. Nothing contained on the website should be construed as granting any licence or right to use any trademarks or trade names displayed on the website without our written permission or the written permission of the third party that may own them.  

You agree that you will not use this website for any purpose that is unlawful. Except as expressly provided in this agreement, any reproduction, download, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on this website or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the website, without prior written consent, is strictly prohibited.  

Limitation of Liability 

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” ONLY, WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. IN NO EVENT WILL KLPC , ITS OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR YOUR RELIANCE ON THE CONTENT, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE.  

You are solely responsible for the retrieval and use of the Content.  

Links to Other Websites 

The website may contain links to third-party websites, which are not under our control and are provided for convenience and for your information only. We make no representations whatsoever about any other website which you may access through this website. When you access another website through this website, you do so at your own risk and acknowledge that KLPC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. A link to another website does not mean that we have endorsed, investigated or verified its content.  

Links to Kalemilaw.ca 

You may link to the front page of this website at Kalemilaw.ca or to the profile of one of our lawyers or paralegals. Linking directly to other pages within this website or framing content on the website is prohibited without our prior written consent. You are also prohibited from embedding any content from this website into your website, and any link to the website must open a new browser window.  

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.  

In the event that you link content from Kalemilaw.ca to your website, KLPC shall have no responsibility or liability for any content appearing on your website. You agree to indemnify, defend and hold KLPC and its, shareholders, owners, directors, officers and partners harmless against all claims arising out of or based upon your website.  

KLPC reserves the right at any time and in its sole discretion to require that you remove all links or any particular link to this website or a page of this website from your website.  

Privacy Policy 

The lawyers and staff at KLPC recognize the importance of privacy and the sensitivity of personal information. As lawyers we have professional obligations regarding the confidentiality of information we receive from our clients within a lawyer-client relationship. We are committed to protecting personal information we hold in accordance with law. This Privacy Policy outlines how we manage personal information and safeguard privacy.  

Personal information means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.  

As of January 1, 2004, all Canadian organizations engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act ("PIPEDA") and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including KLPC.  

KLPC provides legal services to a wide range of clients. In doing so, we often collect and use personal information. As KLPC sends to individuals information and marketing materials concerning developments in the law and its services.  

Collecting Personal InformationWe collect personal information fairly and in accordance with the law. Generally, we collect your personal information directly from you. Such collection may be done at the start of our relationship or during the course of our representation or retainer.  

Sometimes we may obtain information about you from other sources including, for example: - from a government agency or registry; - other professionals who serve you, such as your accountant; - other parties or witnesses in the context of litigation; - and other parties or participants in a commercial transaction.  

ConsentIn most cases, if we collect, use, or disclose your personal information, we will obtain your consent. Sometimes we will ask for your consent in writing, but in some cases, we may accept your oral consent. Sometimes your consent may be implied through your conduct with us or the nature of our retainer. Should you withdraw your consent, that may impact on our ability to serve you and to maintain our relationship.  

Use of Personal InformationWe use your personal information to provide legal advice and services to you, to administer our client (time and billing) databases, to build and to maintain the firm's expertise and knowledge, and to include you in our information distribution and marketing activities. If you tell us that you no longer wish to receive information about developments in the law or our services, you can ask us not to send any further material.  

Disclosure of Personal InformationKLPC does not disclose your personal information to third parties to enable them to market their products and services. Under certain circumstances KLPC may disclose your personal information. Some examples are: - when you have consented to the disclosure; - when we are required or authorized by law to do so, including, for example, if a court issues a warrant or a subpoena; - in order to comply with the requirements of the Law Society of Upper Canada, the regulatory body that governs the practice of law in Ontario; - when the legal services we are providing to you requires us to give your information to third parties (for example a lender in a real estate mortgage transaction) your consent will be implied, unless you tell us otherwise; - where it is necessary to collect fees or disbursements; - if we engage a third party to provide administrative services to us (like computer back-up services, archival file storage, or insurance) and the third party is bound by obligations regarding privacy which are consistent with this policy; - in the event of a merger by or growth of KLPC; - if we engage expert witnesses on your behalf; - or if we retain another law firm (such as, for example, law firms in other jurisdictions) on your behalf.  

Updating Your InformationSince we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also periodically inquire of you whether your personal information is accurate and up-to-date.  

Securing Personal InformationKLPC takes precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your personal information are: - premises security; - confidentiality policies as part of our professional obligations; - deploying technological safeguards like security software and firewalls to prevent unauthorized computer access or "hacking"; - and internal password and security policies.  

E-MailYou should be aware that e-mail is not an entirely secure medium, and you should be aware of this when contacting us to send personal or confidential information. Do not include any confidential information in your e-mail. Our Firm does not accept retainers via e-mail; and sending an e-mail to our Firm does not constitute a retainer. You will not be considered a client of the Firm unless and until we have agreed to act for you according to our usual procedures for accepting clients which includes a signed written retainer agreement.  

Accessing Personal InformationYou may ask for access to personal information we hold about you. Detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees. Your rights to access your personal information are not absolute. There are a number of situations where we may deny access. If we deny your request for access to, or refuse a request to correct personal information, we will provide a reason or reasons for doing so.  

Credit BureausTo help us make credit decisions about clients, to try to prevent fraud, and to check the identity of new clients, on occasion we may request information about you from the files of consumer reporting agencies.  

Web SiteOur website contains links to other sites, which are not governed by this Policy. On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information. KLPC does not use any electronic means to automatically collect personal information from you or your computer; however, web servers used by KLPC will automatically collect IP addresses and we may view our web server IP log from time to time to prevent fraudulent acts and possible network attacks. Our blog software may install a 'cookie' to facillitate navigation however this information is not collected or stored by KLPC for use in anyway other than the blog's navigation support.  

Requests for AccessIf you have any questions, or wish to access your personal information, please contact the lawyer with whom you normally deal or write to KLPC.  

If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at: 112 Kent Street  Ottawa, Ontario K1A 1H3  1 (800) 282-1376  

Changes to this Privacy PolicyKLPC reviews all of its policies and procedures and we may change this Privacy Policy from time to time.  

Governing Law 

This agreement is governed by the laws of Ontario and these laws apply to the use of the website or the Content by you, notwithstanding your domicile, residency or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. This website and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.  

Contacting Us 

For more information about the use of this website and its Contents, please contact info@kalemilaw.ca