Conditions d’utilisation du site JuriFamille

Terms and Conditions

The Corporation de services du Barreau du Québec (hereinafter the « Corporation ») operates the Web application « jurifamille.com » (hereinafter the « Application » and also « Site ») «under license». The use of the Application is governed by the terms and conditions set out below which constitute a contract between you (« the User ») and the Corporation.

The Corporation may modify the terms and conditions of the Site at any time. Also, the Corporation reserves its rights to modify, at any time and at its sole discretion, the content of the Application, the services provided online and the prices applicable as subscription pricing during the exploitation of the Application.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

BY COMPLETING THE USER REGISTRATION PROCESS AND USING THE SITE, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND THEREBY AND TO COMPLY THEREWITH.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR REGISTRATION AS A USER, IN WHICH CASE YOU WILL NOT BE ENTITLED TO USE THE SITE OR ORDER PRODUCTS OR SERVICES THROUGH THE SITE.

A. Definitions

  1. The « Application » refers the Web site accessible at https://jurifamille.com and to all its contents, fonctionalities as well as the services and products it provides.
  2. The « System » refers to the technological environment where the Application is hosted. This includes the computers where is installed the software necessary to make the Application function properly.
  3. A JuriFamille « Account » represents the legal relationship between the Corporation and a person using the Application. This relationship is established through the registration on the System. The Account also represents the identity of a person and the authorization for this person to use the Application.
  4. A « User » (also « You » and « Your(s) » in this document) designates any person or organisation accessing the Application and uses (or manages the usage of) an Account.
  5. The « Results Forms » represent the PDF Documents produced by the Application, such as (but not limited to):
    • Child Support Determination Form (Schedule 1);
    • Spousal Support (Form III, statement of income and expenditures and balance sheet);
    • Federal Advisory Guidelines (for spousal support);
    • Statement Required Under Article 444 C.C.P. (and previous Sworn Statement under article 827.5 C.C.P.);
    • Statement of Family Patrimony (Form IV);
    • Statement of Partnership of Acquests;
    • Family Mediation Form (billing form, mediator report and participation attestation)

B. General Description of the JuriFamille Application

In consideration of the payment of the access license fees and compliance with these terms of use, the Application provides to the User the capability to host data from its clients records and data for interview purposes and to generate the Results Forms in PDF format. The User has the option to download and save on their computer said Results Forms and print them in paper format, for filing to the customer record for storage ends.

The Application allows to script and make assumptions of child support payment for interview purposes. The User’s data for interview purposes are stored in the Corporation’s system under the User’s account but cannot be downloaded, the User having to print the results appearing on the screen for storage ends.

The Corporation operates the Application from its offices located in the province of Québec, Canada. The Corporation does not represent that the material on the site may be used outside Québec and it is forbidden to access the site from jurisdictions in which the legislation prescribes that the content or use of the site is illegal or unlawful. Those who choose to use the site do so of their own initiative and it is their responsibility to comply with all applicable local laws. All claims relating to the site and to the material contained therein, or resulting from the use of the site, shall be governed by the laws applicable in the province of Québec.

C. Conditions relative to Accounts

C.1 Account Requirements

  1. You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide a valid and secure email address for which you are the sole designated user. This address will be associated with your JuriFamille Account and will serve as a unique identifier to connect to your Account.
  3. Your connection identifier (email address) may only be used by one person. A connection identifier cannot be shared among two or more individuals.
  4. You are responsible of maintaining a fonctioning and up-to-date email address associated with your Account. If you lose access to the messages sent to your email address, you must update it on your User profile or by contacting the JuriFamille technical support service at support@jurifamille.com.
  5. A Group Account can be created by purchasing a Group licence (see section c.3 - Account Types).

C.2 Account Security

  1. You are responsible for maintaining the security of your Account and password. The Corporation cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. Access to your Account and the data it contains is controlled by your unique identifier (email address) and a password of your choosing. The password must remain confidential and it is food practice to change it regularly.
  3. The System also offers tools such as two-factor authentication to help you maintain your Account’s security, but the content of your Account and its security are up to you.
  4. You are responsible for all content created and activity that occurs under your Account (even when content is created by others who have Accounts which share data with yours).
  5. You must promptly notify the Corporation if you become aware of any unauthorized use of, or access to, the Application through your Account, including any unauthorized use of your password or Account.

C.3 Account Types

  1. « Individual Account »: the Application allows a duly registered member of the Barreau du Québec or a family mediator duly accredited by their professional order to own an individual user Account, which allows them to create and save client case files and interviews, as well as produce the Results Forms.
  2. « Assistant Account »: For a given Individual Account (owned by a lawyer or mediator), the Application allows to designate a second User to act as an assistant, which means the assistant can access and modify the case files that reside in the lawyer or mediator account. An Assistant Account must not be used by another lawyer or mediator.
  3. « Group Account »: Group licenses may only be purchased and used by employees/partners of a same official and publicly recognized organisation/firm. When purchasing a license for two (2) or more users, the purchasing User becomes owner of a Group Account. The owner of the Group account can add others Users for the duration of the license. Users who are part of the Group account can access and modify client case files that are shared by other members of the Group.
  4. « License Manager Account »: upon request through the technical support service, a License Manager Account can be created with limited access to the Application, for the sole purpose of purchasing and managing a Group license and its associated Group Account.

Loss of the User’s status as duly registered member of the Bar, like disbarment or retirement as lawyer, or loss of their Family mediator accreditation will result in automatic termination of their access to the online services of the Site.

THE USER ACKNOWLEDGES THAT THE CORPORATION WILL NOT BE LIABLE TOWARDS THE USER OR ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE RESULTING FROM THE TERMINATION OF THEIR ACCESS TO THE ONLINE SERVICES OF THE SITE.

The Corporation routinely checks the status of its registered users and their membership status in their group license. If a group license is comprised of users that do not belong to the same official and publicly recognized organisation, the faulty memberships will be terminated immediatly.

C.4 Account Cancellation

Account cancellation requests must be submitted by email to the JuriFamille technical support service (support@jurifamille.com), or by postal mail to Corporation de services du Barreau du Québec.

Within 90 days of receiving a cancellation request, the Corporation will delete all information related to your User profile, as well as the case file and interview data you have created and have not shared with other Users. In compliance with our Confidentiality and Protection of Personal Information Policy, non nominal data (which does not personnally identify anyone) might be preserved by the Corporation for the sole purpose of statistical analysis.

If requested, we will provide an Account owner with a copy (an archive) of all the content related to their Account, provided the request is made before or at the same time any Account cancellation request has been made and provided the Corporation has not already definitely deleted such data.

D. Access License

Access to a User Account and Application functionality is granted through the purchase a User license, as advertised on the following page: Pricing.

  • Purchase price is set at the moment of purchase and will remain the same for the duration of the purchased license. However, prices are subject to change at the end of a license period.
  • Purchased licenses are not transferable and are only refundable if their validity period has not started.
  • The User making the purchase of a license through their Account becomes the owner of the purchased license.
  • Upon expiry of a license, the User is responsible of its renewal, as well as the renewal of the access for their group (in the case of a group license).
  • Assignment of an access license (be it a individual or a group license) to a User grants them access to their Individual account for the duration of the access license.
  • Access to a Group Account is granted to Users assigned to the license by the license owner. Moreover, within a group, all accesses start and end on the same date, no matter when a user is added to the group. Should a User be removed (unassigned) from a license, no refund or adjustment of the license price will be applicable.

Access from computers located in CAIJ (Centre d’accès à l’information juridique) premises

The Corporation grants free access to Users to their individual account if the connection to the Application is made from one of the computers located in CAIJ’s premises (as designated by CAIJ).

E. Term and Conservation of Data

The Corporation will retain on its System the data from the User’s clients records for a maximum of seven (7) years from the expiration date of the User’s last access license to the online services.

On expiry of that period, the personal data of the User’s clients records will be deleted from the System but numerical (non identifiable) data might be retained for statistical purposes, as further described and in complicance of our Confidentiality and Protection of Personal Information Policy. THE CORPORATION DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED TO USERS OR THIRD PARTIES ARISING OUT OF DELETION OF DATA FROM CLIENTS RECORDS.

The User who is granted access to their Account within the period of seven (7) years above will recover all previous data associated with their Account, unless the User has deleted them when the initial treatment occurred.

In the event that the User interrupts their use of the Application because of death or withdrawal of their profession, the Corporation will allow access to the data of the User’s clients records hosted on the System to a person having duly notified the Corporation that they now assume the responsibility for the pending files, along with the necessary proof of authorization for doing so.

The Corporation will not delete data a User has contributed in the context of a Group Account, such as client case files created by the User and then shared with the Group account they were part of.

F. Intellectual Property Rights

The User acknowledges that, except the rights of use granted herein, all interests and intellectual property rights in the Software or documentation or other system components used to provide online services belong to the Corporation or its providers, including any enhancements or modifications thereto.

The Corporation retains all rights not specifically granted in this agreement.

Any improvement or adaptation to the online services offered by the Corporation will be subject to the terms and conditions of this contract, unless specific indication to the contrary.

The User undertakes not to copy or transfer the Software or grant any rights in same or alter or modify the Software and undertakes to allow its use only to the licensed staff of their organization as set out in section 5.2 hereof.

It is forbidden for the User to disassemble the Software, decompile or disassemble it. It is also forbidden to separate its components to use or incorporate into other software or other material.

The contents included in this site are protected by various laws, including those relating to copyright. Any reproduction, publication, translation, distribution, downloading, posting, transmission, public performance or other infringement of the contents in this Site, in part or in whole, other than what is specifically intended and authorized, is strictly prohibited. Any unauthorized use of such content may expose the offender to civil liability and / or prosecution under criminal law or laws relating to intellectual property.

The trademarks and logos used or displayed on the Site are trademarks (registered or not) of the Corporation de services du Barreau du Québec, except regarding CAIJ logo or the logos of third parties websites to which the Site may referred. Nothing in the Site should be construed to allow, directly or indirectly, the use of a trademark reproduced on the Site, without the prior written permission of the owner of the trademark.

Any violation of any of the above provisions will result in automatic termination of this contract and the termination of your access to the Site, without prejudice to the judicial recourses of the Corporation.

G. Technical Support

The Corporation provides technical support on the Application via electronic mail only at support@jurifamille.com, and via in-Service communications (questions and comments form in Application pages).

H. Security and Confidentiality

The Corporation takes commercially reasonable efforts to ensure an availability rate of ninety-seven percent (97%) of online services at any time (24 hours a day, 7 days a week) except for down time resulting from system maintenance or any other cause beyond its control, such as disruption of telecommunications, the unavailability of the internet or unauthorized intrusion. The Corporation undertakes to make the best effort to minimize delays arising from any interruption of services site.

The Corporation takes reasonable technical means to ensure a safe environment and protect the User’s data, including the use of fire barriers, antivirus, two-factor authentification, 2048-bit SSL encryption and server redundancy.

HOWEVER, GIVEN THE NATURE OF PUBLIC NETWORK OF THE INTERNET, THE USER ACKNOWLEDGES AND AGREES THAT THE SAFETY OF TRANSMISSION VIA THE INTERNET CANNOT BE GUARANTEED. THEREFORE, THE CORPORATION DOES NOT WARRANT AND DECLINES ANY LIABILITY FOR ANY BREACH OF CONFIDENTIALITY, HACKING, VIRUSES, LOSS OR ALTERATION OF THE USER’S DATA TRANSMITTED OR HOSTED ON THE CORPORATION’S SYSTEM.

The Corporation maintains regular backup copies of the User’s database on a daily and monthly basis and this incrementally. HOWEVER, THE USER REMAINS RESPONSIBLE TO KEEP COPIES OF THE RESULTS FORMS OF ITS CLIENTS RECORDS IN ELECTRONIC FORMAT ON ITS PERSONNAL COMPUTER OR TO PRINT THE FORMS IN PAPER FORMAT FOR FILING IN CLIENTS RECORDS TO ENABLE THEIR RECOVERY, IF NEEDED.

The Corporation takes reasonable measures to ensure the compliance of the Software and its presentation of results, with the requirements of the law.

Within this help desk service, the Corporation will attempt to correct problems identified in the Software and devote the resources it deems appropriate under the circumstances. The Corporation does not warrant that the software is free of problems or bugs or that all problems will be corrected. If the problems require the production of a revised version of Software incorporating corrections to the problems mentioned above, this version will be posted on the Website as soon as available. The Corporation cannot evaluate nor give any guarantee on how long an intervention will take for a specific case.

The User acknowledges and accepts that as part of maintenance and correction of the problems of the online services, computer subcontractors for the Corporation may electronically access clients records of the User and the confidential information contained herewith. The Corporation confirms having confidentiality agreements with its computer subcontractors in order to protect the confidentiality of the User’s clients records.

The Corporation is committed to ensuring the respect of the confidentiality of the User’s data while using this Site. Thus, the Corporation informs you of its policy on the nature of information collected about you through your use of the Site, the reasons why such information is collected and the use of this information, all in a separate page entitled: « Confidentiality and Protection of Personal Information Policy ».

YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE WEBSITE AND YOUR SUBSEQUENT USE INVOLVE YOUR ACCEPTANCE OF THE TERMS SET OUT IN THE « CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION POLICY » OF THE CORPORATION.

THE CORPORATION DECLINES ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER TO THE USER OR ANY THIRD PARTY RESULTING FROM THE DISCLOSURE, ACCIDENTAL OR NOT, OF COLLABORATOR ACCESS INFORMATION BY THE USER OR THEIR STAFF. AT ANYTIME, THE USER ASSUMES THE ENTIRE LIABILITY OF LOSS OR DAMAGE CAUSED TO THE CORPORATION AND TO THIRD PARTIES RESULTING FROM ANY ACTIVITY GENERATED BY THEIR COLLABORATOR ACCESS INFORMATION OR UNDER THEIR USER ACCOUNT, EVEN IN CASE OF LOSS OF PRIVACY OR UNAUTHORIZED USE OF A COLLABORATOR ACCESS BY THEIR STAFF.

In the event the User is prohibited to access the Site, following the loss of their good standing membership to the Bar of Quebec or accreditation as Family Mediator, or if they leave their designated organization in the course of their subscription, their designated Collaborator will ALSO LOOSE ACCESS TO THE SERVICES OF THE SITE AT THAT OCCASION.

I. User Responsibilities

The User is responsible for the validity and accuracy of the data processed using the Application. THE CORPORATION IS NOT RESPONSIBLE TO CHECK THE CONTENT OF THE USER’S DATA OR TO DETECT THE DEFECTS AND ERRORS THEY MAY INCLUDE.

THE CORPORATION IS NOT RESPONSIBLE FOR THE RESTORATION OF DATA FROM CLIENTS RECORDS THAT WERE ERASED BY THE USER OR ITS DESIGNATED COLLABORATOR IN THE TREATMENT OF INITIAL DATA.

The User agrees not to transmit on the Corporation’s system, any inappropriate, offensive, malicious content or in violation of the rights of any third party. In addition to their right to terminate this contract, the Corporation is given the right to remove any content of the User who violates these terms of service or which may expose the Corporation to legal liability or, at the discretion of the Corporation is deemed inappropriate or in violation of any rights of another third party. IN SUCH A CASE, THE CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES TOWARDS THE USER OR ANY THIRD PARTY IF THE CORPORATION DECIDES TO REVOKE, TERMINATE OR CANCEL THE SUBSCRIPTION OR RESTRICT THE USER’S ACCESS TO THE SERVICES OF THE SITE.

The User is responsible to comply with any applicable law or regulation in connection with their use of online services of the Corporation.

The User is responsible for ensuring that the email address indicated at registration and specified in their profile is functional and current. THE CORPORATION ASSUMES NO RESPONSIBILITY FOR ANY MESSAGE SENT TO THE EMAIL ADDRESS SPECIFIED BY THE USER AND THAT IS NOT FUNCTIONAL OR THAT HAS BEEN ACCESSED BY A THIRD PARTY.

The User is responsible for protecting their computer against interference or viruses that may be transmitted via the Internet.

The Corporation may at its sole discretion, restrict access to the User’s online service if it suspects or finds an inappropriate use of online services or for any other reason the Corporation as operator of the site sees fit.

J. Warranty Disclaimer

THE USER EXPRESSLY ACKNOWLEDGES THAT ALL USE OF THE ONLINE SERVICES OF THE SITE AND THE SOFTWARE OF THE CORPORATION ARE AT THEIR OWN RISKS. ALL ONLINE SERVICES OF THE SITE AND USE OF THE SOFTWARE ARE MADE AVAILABLE “AS IS” AND “WHEN AVAILABLE”. THE CORPORATION GIVES NO CONVENTIONAL OR LEGAL WARRANTY OF ANY NATURE, EXPRESS OR IMPLICIT, ON THE CONTENT OR ANY OTHER ELEMENT RELATED TO THE ONLINE SERVICES OR THE SOFTWARE, INCLUDING NO WARRANTY OF MARKET QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE CORPORATION MAKES NO REPRESENTATION NOR WARRANTY TO THE USER

  • I) THAT THE ONLINE SERVICES OR THE USE OF THE SOFTWARE OR THEIR PERFORMANCE WILL MEET THE USER’S REQUIREMENTS,
  • II) THAT THE ONLINE SERVICES OR THE USE OF THE SOFTWARE WILL NOT BE INTERRUPTED, AVAILABLE, SECURE OR FREE FROM ERRORS,
  • III) THAT THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ONLINE SERVICES OR THE USE OF THE SOFTWARE WILL BE ADEQUATE, COMPLETE AND RELIABLE,
  • IV) AND THAT ANY PROGRAMMING ERROR WILL BE CORRECTED.

THE CORPORATION GIVES NO WARRANTY NOR ASSUMES ANY RESPONSIBILITY RESULTING FROM ANY BREACH OF CONFIDENTIALITY, LOSS OR DATA ALTERATION TRANSMITTED ON A PUBLIC NETWORK AS INTERNET OR HOSTED ON THE CORPORATION’S SYSTEM.

K. Disclaimer of Liability

THE CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUBCONTRACTORS SHALL NOT BE LIABLE, BY CONTRACT OR BY STATUTE, TOWARDS THE USER OR ANY OTHER THIRD PARTY, FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA LOSS AND OTHER INTANGIBLE GOODS, EXPENSES FOR THE RETRIEVAL AND REPLACEMENT OF GOODS AND SERVICES INCLUDING DATA LOSS OR DAMAGES TO THE COMPUTER SYSTEM OF THE USER EVEN IF THE CORPORATION MAY HAVE BEEN INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES EXISTED AND WOULD RESULT FROM

  • I) ANY DELAY RELATED TO THE USE OF THE ONLINE SERVICES OF THE SITE OR THE USE OF THE SOFTWARE OR THE IMPOSSIBILITY TO USE THEM,
  • II) AN INVALID DESTINATION OF A MESSAGE, TRANSMISSION ERRORS OR UNAUTHORIZED ACCESS, LOSS OR ALTERATION OF DATA,
  • III) DEFAMATORY OR OFFENDING DECLARATION OF ANY THIRD PARTY IN THE CONTEXT OF ITS USE OF THE ONLINE SERVICES.

THE CORPORATION IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF AN ERROR HANDLING OF ONLINE SERVICES OR THE SOFTWARE.

THE USER EXPRESSLY AGREES THAT THE CORPORATION SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, WHICH EXCEEDS THE FEES PAID BY THE USER FOR THE CURRENT YEAR OF USE OF THE ONLINE SERVICES OFFERED. THE USER AGREES THAT THE FOREGOING PROVISION STATES THE USER’S EXCLUSIVE REMEDIES FOR ANY CAUSE OF ACTION RELATED TO THE PRESENT AGREEMENT.

L. Discontinuance of Services

The Corporation may terminate the services of the JuriFamille website at any time at its discretion, without refund of any monies that have been paid. The Corporation will notify on the homepage of the Site and will email to the Users of the Site, at least sixty (60) days before the effective date of the completion of operations of the Site. THE CORPORATION ASSUMES NO RESPONSIBILITY WITH REGARD TO THE THE USER OR THIRD PARTIES ARISING FROM THE EXERCISE OF ITS RIGHT TO DISCONTINUE THE ONLINE SERVICES OR SUPPORT ITS SOFTWARE.

In the event of termination of the online services offered by the Corporation, the results forms of clients records which have not been downloaded yet by the User on its computer in PDF format or in paper format for filing to client records can be downloaded by the User within the said period of sixty (60) days of notification of the completion of the online services, from the website of the Corporation. At the expiry of the deadline, the Corporation will destroy or delete from its system, the files related to clients records under the User’s account.

M. Amendment of Terms

The Corporation reserves its right to modify at any time the terms and conditions of use of the Site. Also, the Corporation reserves its rights to modify, at any time and at its sole discretion, the content of the Site, the services provided online and the prices applicable as subscription pricing during the exploitation of the Site.

The Corporation will announce on the homepage of the Site, any modifications at least thirty (30) days before the date of entry into force. In the event that the user does not accept the changes or is dissatisfied with any decision or policy made by the Corporation in operating the Site, their only recourse is to terminate the subscription contract by giving a written notice to the Corporation by email and to stop using the services of the Site WITHOUT REFUND OF ANY KIND OR LIABILITY OF THE CORPORATION TO THE USER OR ANY THIRD PARTY RESULTING FROM THE TERMINATION OF SERVICES OF THE SITE BY THE USER.

N. User Assistance and Complaints

If you require assistance, contact ius by email at support@jurifamille.com.

If you wish to file a complaint, please do so by email at support@jurifamille.com or info@csbq.ca.

O. Notice

Any notice between the parties should be documented and can be shipped by any mode of communication (fax, email, mail ...) allowing the sending party to prove that the notice was actually delivered to the receiving party. Any notice will be deemed received when sent by mail or fax within forty-eight (48) hours of its dispatch.

P. Governing Law and Jurisdiction

The present agreement shall be governed and construed by the laws of the Province of Quebec and by the Laws of Canada applicable therein. The Parties hereby irrevocably submit any litigation arising out from the present agreement to the jurisdiction of the Courts of the Province of Quebec in the judicial district of Montreal, Canada.

Q. Force Majeure

Neither party shall be considered in default regarding any failure or delay for the performance of its obligations hereunder caused by circumstances beyond their reasonable control or in case of “force majeure”. “Force majeure” means any cause independent of the will of the parties and against which they had no control upon. In the event of such delay and if the obligation postponed may still be reasonably resumed, performance date shall be appropriately adjusted between the parties.

R. Entire Agreement

The present agreement and its subsequent modification contains the entire understanding of the parties. There are no representations, warranties, promises, covenants of understandings, oral or otherwise, other than those herein contained.