LAO Client Portal Terms and Conditions (“Terms of Use”)

Please read these Terms of Use carefully before using the LAO Client Portal (“Portal”).

Your access to and use of the Portal is based on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and any others who access or use the Portal. By accessing or using the Portal you agree to be bound by these Terms of Use.

Effective Date

1. The Terms of Use is effective as of December 3^rd, 2018.

Terms of Use

2. Your use of the Portal is governed by the Terms of Use. The Terms of Use explain both your obligations and LAO’s obligations regarding the Portal.

Electronic Notices

3. You agree that all notices to you may be delivered by electronic communication to the email address in your account profile. LAO is not liable for notices or other communications that you may not receive because your email address is not current or is invalid. You are required to promptly update any changes to your email address by contacting LAO at 1‑800‑668‑8258. If you do not want to receive notifications electronically, PLEASE DO NOT USE THE PORTAL.

Accuracy of Information You Provide

4. You will use the Portal only with your user ID and password and you will not impersonate any person, or falsely state or otherwise misrepresent your identity or any information you submit to the Portal. You agree to provide accurate, current, and complete information about yourself, and as permitted, to maintain and update the Portal promptly to keep it accurate, current and complete. You are responsible for reviewing the information on your Portal account to ensure it is accurate, complete, and current, and agree to immediately notify LAO upon becoming aware of any inaccuracies or incompleteness.

Security of Login Information Obligations

5. You are responsible for maintaining the security of your user ID and password and ensuring that you are the only person using them. You agree to not disclose your user ID and password to any other person. You agree to notify LAO immediately upon becoming aware of any unauthorized or suspected unauthorized use of your user ID and password. LAO is not liable for any loss or damage arising from failing to comply with the obligations in the Terms of Use.

No Unlawful or Prohibited Use

6. You agree to use the Portal solely for personal and lawful purposes and in accordance with the Terms of Use and any other terms posted on the Portal. As a condition to accessing and using the Portal, you must:

   1. not attempt to undermine the security or integrity of LAO’s computing systems or networks, or where the Portal is hosted by a third party, that third party’s computing system and networks
   2. not use or misuse, the Portal in any way which may impair the functionality of the Portal or LAO’s websites, or other systems used to deliver the Portal or impair the ability of any other user to use the Portal or LAO’s websites
   3. not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access
   4. not transmit, or input into the Portal or LAO websites, any files that may damage any other person’s computing devices or software
   5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Portal or to operate the website except as is strictly necessary to use either of them for normal operation

Privacy and Your Information

7. LAO is subject to the Freedom of Information and Protection of Privacy Act (“FIPPA”) which governs the collection, use and disclosure of your personal information. LAO’s Privacy Policy describes our information and privacy practices. That policy can be accessed at: legalaid.on.ca/privacy-policy/.

   Personal information is collected under the authority of s.19 of the Legal Aid Services Act, 2020. LAO collects and uses personal information in the Portal to:

   1. determine eligibility for legal aid services,
   2. to administer and deliver legal aid services,

   to gather statistical information about legal aid services, and

   3. for other purposes disclosed at the time you provide personal information.

   If you have questions or concerns regarding the collection and use of your personal information, contact the LAO FIPPA Coordinator at:

   Legal Aid Ontario
   40 Dundas St. W., Suite 200
   Toronto, ON M5G 2H1
   Email: fippa@lao.on.ca.

Security of Personal Information

8. You must maintain copies of all information inputted into the Portal. LAO does not make any guarantees that there will be no loss of information. No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Portal Content

9. The Portal and information on the Portal, including but not limited to logos, text, graphics, images, downloadable content and links to other internet resources (the “Site Information”) are protected by copyright, trademark, or other proprietary rights and laws. All right, title and interest in and to the Site Information is the property of LAO or its licensors. Unless otherwise specified, the Site Information may not be copied, displayed, communicated, distributed, reproduced or republished, in any form, without advance express written consent from LAO.

Links to Other Sites

10. The Portal may provide links to other web sites and resources that are maintained and/or controlled by third parties and not by LAO (“Third Party Web Site”). Your dealings with such Third Party Web Sites are solely between you and such third parties. LAO does not endorse, is not responsible for, and makes no representations or warranties of any kind with respect to, the content, condition, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. You agree that LAO is not responsible or liable, directly or indirectly, for any loss or damage of any kind caused or alleged to be caused by or in connection with such Third Party Web Sites.

Disclaimers

11. LAO does not guarantee uninterrupted or error‑free operation of the Portal. You understand and agree that the Portal is provided on an “as‑is”, “as available” basis “with all faults” and without representation or warranty of any kind, either express or implied including, without limitation, any implied warranties that access to the Portal will be uninterrupted, timely or secure. To the fullest extent permitted by applicable law, LAO expressly disclaims all warranties, representations, and undertakings of any kind, whether express or implied. Without limiting the generality of the foregoing, LAO makes no warranty as to the accuracy, quality or completeness of the contents of the Portal or information provided through the Portal, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. LAO does not warrant that the Portal or the delivery, hosting and ancillary services or facilities of third party suppliers utilized by the Society will continue to operate, will operate without interruptions or will be error-free. LAO does not warrant any third party materials, services, support, products, applications or licensed software supplied by parties other than LAO. LAO does not represent or endorse the accuracy or reliability of any: i) Third Party Web Sites, or the content and condition of such web-pages or ii) information provided by third parties on the Portal. LAO does not warrant that the Portal or the delivery, hosting and ancillary services or facilities or third party supplies utilized by LAO will continue to operate, will operate without interruptions or will be error‑free.

Limitation of Liability

12. You agree that LAO is not liable to you for any loss or damages of any kind (including, without limitation, any direct, special, indirect, incidental, exemplary, consequential, economic, or punitive damages), whether based in tort, contract, strict liability or otherwise, including without limitation, any loss or damages arising from or in any way connected with or relating to your use of this Portal under your user ID and password, your use of, access to or your reliance on, or your inability to use or access the Portal, any contents of the Portal, or any delivery, hosting and ancillary services or facilities of third party supplies utilized by LAO. LAO is not responsible and assumes no liability for third party contents of the Portal or third party information provided through the Portal.

Indemnity

To the extent allowed by applicable law, you agree to defend, indemnify and hold harmless LAO and any of its directors, officers, employees, affiliates, consultants, representatives, contractors, licensors, licensees, and agents from and against any and all third party claims and demands and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to the Portal, or any breach by you of the Terms of Use and any other terms applicable to your access and use of the Portal, including the cost of defending or settling any action, claim or demand.

Modification or Suspension of the Portal or Access

14. LAO reserves the right, in its sole discretion, to modify or discontinue the Portal, or any Portion of the Portal, without notice to you. LAO may also, in its sole discretion, refuse or restrict anyone from access to the entire Portal or any portion of the Portal.

Changes to Terms of Use

15. LAO reserves the right, at our sole discretion, to modify, make changes to, or replace the Terms of Use from time to time. You are responsible for checking the Portal periodically for the most current Terms of Use. The effective date of the Terms of Use will be set out. Your continued access to and use of the Portal following the posting of new Terms of Use constitute your acceptance of and agreement to the new Terms of Use. If you do not agree to the new Terms of Use, in whole or in part, please stop using the Portal.

Changes to the Portal

16. LAO may terminate, change, suspend or discontinue any aspect of the Portal at any time without notice. LAO reserves the right, but does not have a duty, to correct any errors or omissions in any portion of the Portal at any time without notice.

Governing Law

17. The Terms of Use shall be governed by the laws of the Province of Ontario, the federal laws of Canada and international copyright laws. You agree to submit to the jurisdiction of the Province of Ontario for any and all disputes, claims and actions arising out of this agreement.

Termination

18. The Terms of Use are a condition to accessing and using the Portal and you cannot use the Portal unless you agree to the Terms of Use. You may withdraw your consent to the Terms of Use at any time by contacting LAO at 1‑800‑668‑8258.

Contact Information

19. If you have any questions or concerns with respect to the Terms of Use or the Portal, you may contact LAO at 1‑800‑668‑8258.

Acceptance

20. By checking the box labelled “I agree”, you accept and agree without modification, the Terms of Use. By logging onto the Portal you acknowledge that you have read and understood the Terms of Use. If you do not agree to the Terms of Use, do not access the Portal.