Terms & Conditions

Last Updated: August 10, 2020

 

1. Introduction

Thank you for using UNMARRY.CA.  These Terms govern your use of the UNMARRY.CA legal information and self-help website and platform (the “Platform” or “Unmarry.ca Platform”).  In these Terms, the words "you" and "your" refer to each customer or Platform user (collectively “Users”), "we", "us" and "our" refer to UNMARRY.CA.

2. Acceptance of Terms

You may not use the Unmarry.ca Platform and Services without first agreeing to these Terms.  By accessing or using the Platform and/or Services, you expressly acknowledge that you understand and accept these Terms.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE PLATOFRM OR ANY OF THE SERVICES PROVIDED THROUGH THE UNMARRY.CA PLATFORM.

3. Update To Terms

We reserve the right to modify these Terms, and any such modifications will be effective immediately when we post the modified Terms on the UNMARRY.CA website and Platform. Your continued use of the Services and/or UNMARRY.CA Platform, constitutes your consent to such changes.

4. Privacy Policy

UNMARRY.CA’s Privacy Policy is incorporated herein by reference and forms an integral part of these Terms.

5. Definitions

6. Description of Services and Legal Disclaimer

UNMARRY.CA provides a platform for legal information and self-help for couples who are married that seek to separate and/or divorce amicably.  The Services include access to the Unmarry.ca Platform which provides Users a general understanding of the law and an automated software solution that enables Users to prepare their own legal documents, and access Mediation Services. 

The Legal Information provided on the Platform and the Services we provide are not legal advice and are provided for your private use.  We, including but not limited to the Mediators, do not review the User Documents for legal accuracy or sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, provide opinions about your selection of forms, or apply the law to the facts of your situation.  

The Mediators do not represent either party and do not give legal advice.  No advice provided by a Mediator should be constructed or interpreted as legal advice. 

If you need legal advice for a specific problem, you should consult with a licensed lawyer. Neither UNMARRY.CA nor any Legal Information provided by UNMARRY.CA or the Mediation Services is a substitute for legal advice from a qualified lawyer licensed to practice in an appropriate jurisdiction. As UNMARRY.CA is not a law firm, please note that communications between you and UNMARRY.CA may not be protected as privileged communications under the solicitor client privilege.

Your use of the Services does not create a solicitor-client relationship between you and UNMARRY.CA, or between you and any UNMARRY.CA employee, representatives, mediators or agents. You fully acknowledge you represent yourself in any legal matter you undertake through our Services.  

YOU AGREE AND ACKNOWLEDGE, YOU MUST OBTAIN INDEPENDENT LEGAL ADVICE ON ANY FINAL AGREEMENTS OR COURT DOCUMENTS YOU CREATE THROUGH USING THE SERICES AS A PRECONDITION OF USE OF THIS SERVICE.  IF YOU DO NOT AGREE TO THIS TERM YOU ARE PREVENTED FROM PROCEEDING TO USE UNMARRY.  NEITHER UNMARRY, NOR ITS SERVICES AND ITS PRODUCTS ARE A SUBSITITE FOR THE ADVICE OR SERVICE OF A LAWYER. 

You agree to accept full responsibility for determining the value of any property and accuracy of information provided to UNMARRY in using the Services.  UNMARRY will not be held responsible for errors or omissions with respect to your User Documents for any reason as you are solely responsible for the accuracy of all documents you produce. 

If you are having trouble determining the value of your assets or any other issues related to your separation or divorce, you should get assistance from a properly licensed Lawyer or other professionals to help you to assess the value of and appropriate uses for any Unmarry.ca Content.

7. Use of Services

Subject to the terms and conditions of these Terms, UNMARRY.CA grants you, and Your Permitted Users, a limited, non-exclusive, non-transferrable, revocable right to use the Unmarry.ca Platform, the Unmarry.ca Content and the Services (the “Licensed Materials”) for your own personal use and not for resale or further distribution.

8. Eligibility

The Unmarry.ca Platform and Services may only be used by individuals who are at least 21 years old, able to form a binding contract and are fully able and competent to satisfy the term, conditions and obligations of these Terms.

9. Fees and Charges

When you register for the Services and create an Account, your will be required to make an initial purchase for the Services and access to the Platform (the “Initial Membership Fee”).  The Membership Fee includes 30 days of unlimited access to the Platform, including the Legal Information, and four hours of Mediation Services with a Mediator.  At the end of the initial 30 days, UNMARRY.CA will charge you an additional fee (the “Recurring Membership Fee”) so that you may retain access to the Platform and utilize the Mediator (if you have not already done so).  The Recurring Membership Fee will be applied by UNMARRY.CA every 30 days until you cancel the Services as described in section 10 below.

As noted above, the Membership Fee includes four hours of Mediation Services.  At any time your Membership is active, you may schedule and purchase additional time with a Mediator.  The fees for the additional Mediation Services are listed on our website (“Additional Charges”).

Activation of your Membership is conditional on acceptance of your initial credit card (Visa or MasterCard) and any reasonable account verification methods that UNMARRY.CA may require.  You acknowledge that UNMARRY.CA collects all charges pursuant to our preauthorized payment service utilizing Stripe (“Payment Processor”).  You agree to provide complete, current, and accurate payment information and further agree that the processing of payment transactions are subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit card issuer.

All information that you provide in connection with your Membership or with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current.  You are responsible for all taxes applicable to the Fees.

In the event that UNMARRY.CA is unable to debit your credit card, or otherwise is not paid in respect of the Fees, in addition to any other remedies available to UNMARRY.CA, we reserve the right to charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum). We will review any disputed charge, provided you continue to pay the undisputed portion and subsequent charges.

The current amount of our Membership Fees and Additional Charges is listed on the fees section of our website.  UNMARRY.CA may add new services for additional Fees, or amend Fees, including Membership Fees, at any time in its sole discretion, but will provide you with at least thirty (30) days notice prior to any changes to Membership Fees.

10. Cancellation and Refunds

You may terminate your Membership at any time after you have paid for the Initial Membership Fee by providing written notice to our Customer Service Department at least 48 hours before your next Recurring Membership Fee is due.

We want you to be 100% satisfied with our Services.  After your purchase of the Initial Membership Fee, we will provide you with a full refund at anytime prior to initiating the Mediation Services.  Thereafter you will receive a refund against the Initial Membership Fees as follows:

After 1 hour of mediation   – 75% refund

After 2 hours of mediation  – 50% refund

After 3 hours of mediation – 25% refund

In the event you cancel your Membership and receive a full or partial refund of your Initial Membership Fees you will not be able to access or download any User Documents created and such User Documents will be deleted and destroyed in accordance with our Privacy Policy.

11. Your Account

In order to use the Services, you are required to register and create an Account with UNMARRY.CA.

In consideration of your use of the Platform and Services, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving our Services; and (b) you agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by You.  You agree to maintain and promptly update such information to keep it true, accurate, current and complete.  Subject to such registration, You will receive access to your UNMARRY.CA Account.

UNMARRY.CA recommends that you choose a password to your Account that is hard to guess and you keep it secure.  It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card information, password or other data.  You are fully responsible for all, including any fraudulent, use of the Services, which is or can be connected to your Account.

UNMARRY.CA reserves the right to take any action it deems necessary or reasonable to ensure the security of the Services and Unmarry.ca Platform, and your Account, including without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, UNMARRY.CA may rely on the authority of anyone accessing your account or using your password and under no circumstances will UNMARRY.CA be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of UNMARRY.CA; (2) any compromise of the con?dentiality of your Account or password; and (3) any unauthorized access to your Account or use of your password. Maintaining the security of your personal information is extremely important to us. We will take reasonable steps to ensure your personal information remains con?dential. However, we cannot guarantee that our Platform impenetrable to all security breaches, and therefore UNMARRY.CA makes no warranty, guarantee, or representation that our Services or Platform will be completely protected from viruses, security threats or other vulnerabilities.

12. User Documents

Once you have completed the Mediation Services you will be able to download from the Platform for your own use any User Documents that you create in using the Services and UNMARRY.CA will not thereafter claim ownership of any User Documents.  However, you grant UNMARRY.CA, including the Mediator and other employees and agents, the right, royalty-free, to use your User Documents in connection with providing the Services to you.

You are solely responsible for any User Content uploaded onto the Platform. You assume all risks associated with use of your User Content or User Documents, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Documents that personally identifies you or any third party. You will retain copyright and any other rights you already hold in User Content.  By sending, submitting, posting, providing or displaying any User Content, you hereby represent and warrant that you have all the rights, power and authority necessary to grant the above license, including obtaining consent to use personal information from identifiable individuals, and the right to utilize and disclose your User Content in connection with the Services and that your User Content do not violate our Acceptable Use Policy (defined in section 13).

You acknowledge and agree that UNMARRY.CA may preserve your User Content and User Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, Applicable Laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of UNMARRY.CA, its users and the public. You understand that the technical processing and transmission of the Service, including User Documents, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that UNMARRY.CA has no responsibility or liability for deleting or failing to store any User Content or User Documents.

13. Acceptable Use

Our Services may include services such as live chats, comment threads, blog posts, questions and answer products, customer service communications forums and other message services, the ability to interact with our personnel, including Mediators, and uploading and providing  User Content to us (the “Communications Services”).  You agree to use the Communications Services only to post, send and receive messages or materials proper to and related to the particular Communication Services.  When using a Communication Service you shall not use the Communications Service to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any User Content or use our Services in any manner that:

When you transmit any content on UNMARRY.CA in connection with the Communications Services, other than  your User Content (see section 12), you hereby grant UNMARRY.CA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Although UNMARRY.CA has no obligation to monitor the Communication Services, we reserve the right, in our own discretion to review and remove any materials posted to a Communication Service, in whole or in part.  We may suspend or delete your Account if we suspect a violation of these Terms, including these Acceptable Use provisions, or if we think it necessary in order to protect our Services or the Platform, other Users, or UNMARRY.CA, its affiliates, directors, officers, agents, and employees, including Mediators, from harm. 

UNMARRY.CA reserves the right to disclose any materials posted, information or activity as necessary to satisfy any Applicable Law, legal process or governmental request.  You further agree to use the Services in a manner consistent with all Applicable Laws.

14. Termination by UNMARRY.CA

UNMARRY.CA may suspend or terminate Services, without any liability to You whatsoever, if You: fail to pay any Fees that are past due; harass, threaten or otherwise act unreasonably towards UNMARRY.CA, the Mediator, our employees or agents; are in breach of these Terms (including if you are in contravention of section 13 of these Terms (Acceptable Use)); use the Services contrary to law, public policy or decency standards; or use the Services in a prohibited, unlawful, or improper manner, including but not limited to, permitting fraudulent use.

Prior to suspension or termination, UNMARRY.CA will make reasonable efforts to provide You with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in UNMARRY.CA’s reasonable discretion, during which You will have the opportunity to rectify the reason for proposed suspension or termination.

Notwithstanding anything contained herein to the contrary, UNMARRY.CA will not provide notice of a proposed suspension or termination:

  1. a) where immediate action must be taken to protect UNMARRY.CA’s facilities, equipment, or the Platform, to protect the safety or security of others (including protection against abusive behaviour), to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order or other legal requirement; and
  2. b) your breach of any material terms (including license restrictions) of these Terms;

A suspension or termination will not affect your obligation to pay any amounts owed to UNMARRY.CA either during or after the suspension or termination, including the full month’s charges for the month where your Service is suspended or terminated.

15. Intellectual Property Rights

You acknowledge and agree that, as between you and UNMARRY.CA, UNMARRY.CA owns all worldwide right, title and interest, including all Intellectual Property Rights, in and to: (i) the Unmarry.ca Platform; (ii) the Unmarry.ca Content: (iii) the Services; and (iv) any modifications, enhancements, upgrades, updates or customization to the foregoing. You and any Permitted Users do not acquire any rights, title or ownership interests of any kind whatsoever, express or implied, in any of the foregoing other than the licenses granted herein.

16. Mediation Services

The following terms and obligations apply to the Mediation Services:

17. Links to Third Party Sites

The Unmarry.ca Platform may provide links to other websites or content, including lawyers and law firms and other professionals that provide family law services (“Listed Lawyers”). UNMARRY.CA has no control over such third party's websites and resources and any Listed Lawyers are neither agents nor employees of UNMARRY.CA. You acknowledge and agree that UNMARRY.CA is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that UNMARRY.CA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or advertising, products, or other materials on or available from such websites or resources.

UNMARRY.CA is not a "Lawyer Referral Service". The directory of Listed Lawyers and other professionals you may want to use published on the Platform is provided for informational purposes and convenience only. UNMARRY.CA does not  endorse or recommend any lawyer nor does it make any warranty as to the qualifications or competency of any lawyers. You are fully responsible to determine if you would like to work with this lawyer and they meet your threshold of competency for use. 

If you wish to create a lawyer-client relationship with a Listed Lawyer that relationship will be on whatever terms you establish with the lawyer in question and will NOT involve UNMARRY.CA.  UNMARRY.CA WILL HAVE NO RESONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY AND LISTED LAWYER, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.

18. Accuracy of Content and Availability of Platform

While we use reasonable efforts to include accurate and up-to-date information on the Platform, including the Unmarry.ca Content, we do not represent, warrant or promise (whether expressly or by implication) that any Content, including the Unmarry.ca Content, is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the Unmarry.ca Content on the Platform is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Platform should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation

While we make commercially reasonable efforts to ensure that the Platform is available, we do not represent, warrant or guarantee in any way the Platform's continued availability at all times or uninterrupted use by you of the Platform.

19. Disclaimer of Representations and Liability

To the maximum extent permitted by Applicable Law, UNMARRY.CA makes no warranties or conditions regarding the Services and the Platform, and the Licensed Materials are provided “AS IS” without any kind of warranty.  You accept full responsibility for determining whether the UNMARRY.CA Content and/or Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages. 

As stated above, except as otherwise expressly required by Applicable Law, UNMARRY.CA makes no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Platform and Services, including without limitation as to completeness, accuracy and currency or any Content on the Platform, or as to satisfactory quality, or fitness for a particular purpose.

To the maximum extent permitted by Applicable Law, in no event will UNMARRY.CA, its affiliates, agents, directors, employees, contractors (including Mediators), suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Licensed Materials. Under no circumstances will UNMARRY.CA be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your Account or the information contained therein.

To the maximum extent permitted by Applicable Law, UNMARRY.CA assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services and/or the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services and/or Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Platform by any third party; and/or (vi) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service. In no event will UNMARRY.CA, its affiliates, agents, directors, employees, contractors (including Mediators), suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to UNMARRY.CA for the Initial Membership Fees.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if UNMARRY.CA has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by Applicable Law.

20. Indemnification

You agree to indemnify and hold harmless UNMARRY.CA, its shareholders, directors, affiliates, officers, vendors, licensors, agents, contractors, Mediators and employees (“UNMARRY.CA Parties”), from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against UNMARRY.CA Parties, which result from or relate to your use of the Licensed Materials and any violation of these Terms, including, but not limited to, any violation of any third party rights with respect to your User Content, or any errors, misrepresentations or inaccuracies in your User Documents.  You will give UNMARRY.CA prompt notice of any such demand, claim or proceeding that you are aware of.

21. Consent to Receive Emails

By creating an Account, you agree that you may receive electronic communications from UNMARRY.CA, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link provided in the footer of the actual email or electronic message.

22. Customer Service

To contact UNMARRY.CA’s customer service, please send us a message to contact@unmarry.ca or by telephone at 1-888-553-1322.

23. Jurisdiction

The Platform originates in Ontario, Canada. These Terms will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with or the Services will be subject to the exclusive jurisdiction of the Courts of the province of Ontario.

24. Force Majeure

25. General

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority to bind UNMARRY.CA in any respect whatsoever.  Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.  Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused.  These Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto.  In the event that any one or more provisions contained in these Terms are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms and these Terms will be construed as if such invalid, illegal or enforceable provision had never been contained herein.

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