Terms and Conditions

We don’t like fine print either, but our lawyers made us write this.

By visiting NotaryPro, NotaryPro Technologies Inc., NotaryPro.ca, NotaryPro.co, NotaryPro.com, LawyerPro.ca, ParalegalPro.ca, their related or affiliated websites, booking pages and/or scheduling tools, and by booking, scheduling, cancelling or otherwise requesting an appointment with NotaryPro, you acknowledge and consent to the following terms and conditions.

 

NOTARYPRO TECHNOLOGIES INC. 

PLATFORM TERMS & CONDITIONS OF USE

1. ACCEPTANCE OF THE PLATFORM TERMS & CONDITIONS OF USE

These Platform Terms and Conditions of Use for www.NotaryPro.ca, www.NotaryPro.co, www.NotaryPro.ai, www.NotaryPro.com, www.LawyerPro.ca, www.ParalegalPro.ca (collectively, the “Platform”) constitute a legal agreement and are entered into by and between you and NotaryPro Technologies Inc., dba NotaryPro (“NotaryPro,” “we,” “us,” “our“). 

The following terms and conditions, together with our Privacy Policy, found at https://www.notarypro.ca/privacy-policy/ and any documents and/or additional terms they expressly incorporated by reference (collectively,  these “Terms and Conditions“), govern your access to and use of, including any content, functionality, and services offered on or through the Platform. 

BY CLICKING TO ACCEPT, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT YOU ARE OF LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US AND MEET ALL THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS OR AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT ACCESS OR USE THE PLATFORM OR ANY SERVICES OFFERED ON OR THROUGH THE PLATFORM.

2. MODIFICATIONS TO THE TERMS AND CONDITIONS 

We may change these Terms and Conditions at any time in our sole discretion without notice. Any changes are effective immediately upon posting and apply to all access to and continued use of the Platform. By periodically reviewing the Terms and Conditions and continuing to use the Platform, you agree to accept any modifications.

The information and material on this Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.

3. NOTARYPRO SERVICES

NotaryPro operates as a leading online platform dedicated to facilitating access to certain legal services, including notary public and document commissioning services, as well as legal document creation. As an intermediary, we connect our clients with qualified and duly authorized legal professionals who adhere to the relevant legal frameworks, encompassing all applicable legal and ethical rules, regulations, and standards governing their licensure.

 Our Platform’s offerings include:

  • Access to notarization and virtual commissioning services for documents either in person or through a secure online platform, delivered by professionals who are duly appointed and authorized to perform notarial acts.
  • Facilitation of connections with professionals who are licensed and qualified to offer verification services for sworn statements or affidavits or legal documents that require signing; and,
  • Utilization of advanced AI technology to generate customizable legal templates and tools. These tools are not a substitute for legal advice and should not be relied upon as such.

4. NO RELIANCE; NO LEGAL ADVICE; NO SOLICITOR-CLIENT RELATIONSHIP

The content on our Platform is provided for general information purposes only and to facilitate our Services, but is not intended as legal advice upon which you should rely. Before making any decisions based on the content found on our Platform, we urge you to consult with a professional for specific advice tailored to your situation. Despite our commitment to accuracy, NotaryPro cannot assure the content’s completeness or currentness, and we assume no liability for reliance on the Platform. Use of the Platform is entirely at your own risk.

Engaging with our Platform does not create a solicitor-client relationship, nor does it constitute the offering of legal advice. Our Services are designed to facilitate legal processes and document preparation by connecting you with qualified professionals. However, this is not a substitute for legal counsel. We encourage you to seek independent legal advice for any specific legal issues or questions.

Our Platform may present content from third parties, including materials from users and external licensors. Opinions and statements from these sources are their own and not reflective of NotaryPro’s stance. We bear no responsibility for the accuracy or reliability of any third-party content, underscoring the importance of user discretion.

You are encouraged to seek independent legal advice for any specific legal issues or questions. By accessing and utilizing our services, you acknowledge NotaryPro’s exemption from liability for decisions or actions taken based on our Platform-provided information or facilitated services. It remains your responsibility to verify the legality and appropriateness of your actions based on your unique circumstances.

5. YOUR USE OF PLATFORM; ACCOUNT SET-UP AND SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depend on you. You are responsible for obtaining your access to the Platform. You are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Platform, requires user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Platform.

Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, and bulletin boards (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.notarypro.ca/privacy-policy/. 

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. Given the sensitive nature of our services, it is essential that you safeguard your login information. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

6. CONDITIONS OF USE; USER SUBMISSIONS; PLATFORM CONTENT STANDARDS

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.

The following Platform Content Standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Platform or to other users or persons (collectively, “User Submissions“) and any and all Interactive Functions. 

Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.  This includes any rules or laws pertaining to notarization, document commissioning, and legal document creation.

Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

  1. Include documents that are not legally eligible for online notarization or commissioning, such as documents requiring an in-person witness or documents prohibited from digital execution by specific jurisdictions and/or laws.
  2. Involve the use of false identification or misrepresentation of your identity or authority to act on behalf of another individual or entity in the notarization or commissioning process.
  3. Prepare, execute, or disseminate documents through the Platform that facilitate illegal activities, such as fraud, deception, or evasion of legal responsibilities.
  4. Manipulate or misrepresent any document or information generated through the Platform’s services;
  5. Attempt to gain unauthorized access to any features or data not intended for user interaction;
  6. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://www.notarypro.ca/privacy-policy/;
  7. In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website;
  8. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in NotaryPro’s sole discretion;
  9. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable laws, regulations, or code;
  10. Involve, provide, or contribute any false, inaccurate, or misleading information;
  11. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Platform Content Standards (See Section 6);
  12. Impersonate or attempt to impersonate NotaryPro, a NotaryPro employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  13. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes, and other sales promotions, barter, or advertising or any other similar solicitation;
  14. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm NotaryPro or users of the Platform or expose them to liability;
  15. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  16. Promote any illegal activity, or advocate, promote, or assist any unlawful act; and,
  17. Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

7. USER SUBMISSIONS; GRANT OF LICENSE

The Platform may contain Interactive Functions allowing User Submissions on or through the Platform. 

None of the User Submissions you submit to the Platform will be subject to any confidentiality by NotaryPro unless required by law. By providing any User Submission to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including but not limited to the improvement of NotaryPro’s AI algorithms, analytics models, and other technologies, and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and and regulations including but not limited to securities laws and regulations, including but not limited to procurement and anti-corruption laws, and the Conditions of Use and User Submissions and Platform Content Standards (See Section 6) set out in these Terms and Conditions.

You understand and agree that you, and not NotaryPro nor its parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, including but not limited to any data or insights derived from your operations, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy, as well as for any purchasing decisions or contractual obligations made or entered into based on such content.

We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform.

8. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Ownership of intellectual property:

  • The Platform and its entire contents, features, and functionality are owned by NotaryPro, its licensors, or other providers of such material and are protected in all forms by intellectual property laws. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by NotaryPro.
  • Trademarks like “NotaryPro Technologies Inc.”, “NotaryPro”, “Your Notary Public Anytime, Anywhere”, and all related names, logos, product and service names, designs, images, and slogans are trademarks of NotaryPro or its affiliates or licensors. You must not use such marks without the prior written permission of NotaryPro.
  • Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Use of our intellectual property: 

  • You may only use the Platform for your personal and non-commercial use, or for legitimate business purposes, as explicitly agreed upon in any formal agreements or contracts you hold with NotaryPro.
  • You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to any data insights, analytics reports, or purchasing recommendations, in any form or medium whatsoever.
  • You may print a reasonable number of copies of material on our Platform for personal use only, but you must keep any proprietary notices on them and not use them for further reproduction, publication, or distribution of any kind on any medium whatsoever.
  • You are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
  • You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform unless explicitly agreed upon in your contract with NotaryPro.

You have no right, title, or interest in or to the Platform or to any content on the Platform, including but not limited to the underlying software, code, interfaces, or any other technical components, including but not limited to the algorithms, AI models, and proprietary technologies used to facilitate our services. All rights not expressly granted are reserved by NotaryPro, its affiliates, or its licensors. 

Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

9. PROHIBITED ACTIVITIES

You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation:

  1. Accessing content and data that is not intended for you;
  2. Attempting to breach or breaching the security and/or authentication measures which are not authorized; 
  3. Restricting, disrupting or disabling service to users, hosts, servers, or networks; 
  4. Illicitly reproducing TCP/IP packet header; 
  5. Disrupting network services and otherwise disrupting the Platform owner’s ability to monitor the Platform; 
  6. Using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 
  7. Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
  8. Attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; 
  9. Unauthorized access or attempts to manipulate any data or insights derived from your operations;
  10. Tampering or interfering with the Platform’s AI models, data analytics tools, or purchasing capabilities;
  11. Unauthorized use or manipulation of any Request For Proposals / Request For Information functionalities, including gathering market intelligence or pricing data;
  12. Impeding or altering any automatic payment functions, including saved credit card or saved bank account on file);
  13. Using the Platform’s aggregated data or analytical outputs for purposes other than optimizing your operations, unless expressly permitted by NotaryPro; and/or
  14. Otherwise attempting to interfere with the proper working of the Platform.

10. PLATFORM MONITORING; ENFORCEMENT, SUSPENSION, AND TERMINATION

NotaryPro has the right, without provision of notice to:

  1. Remove or refuse to post on the Platform or associated social media accounts any User Submissions for any or no reason at our sole discretion.
  2. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions or for protecting the integrity of the data and analytics performed by the Platform.
  3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform or associated social media accounts. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or associated social media accounts.
  4. Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions or failure to comply with our automated payment protocols..

YOU WAIVE AND HOLD HARMLESS NOTARYPRO AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY NOTARYPRO AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER NOTARYPRO OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, or associated social media accounts, and do not and cannot undertake to review material that you or other users submit to the Platform or associated social media accounts. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

11. PRIVACY

By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://www.notarypro.ca/privacy-policy/ as we deem necessary for use of the Platform.

By using this Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. These cookies may also facilitate the functionality of our analytical tools and services. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see https://www.notarypro.ca/privacy-policy/.

12. THIRD-PARTY WEBSITES

For your convenience, this Platform may provide links or pointers to third-party websites, including integrations with third-party APIs or services that facilitate our analytical tools and functionalities. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linking must also be in compliance with our Terms and Conditions, and any relevant data protection or privacy laws. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, including any implied endorsement or association with any specific third-party services or APIs. Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Platform Content Standards (See Section 6). You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. Failure to comply may result in the termination of our services to you.

13. GEOGRAPHIC RESTRICTIONS

The owner of the Platform is based in the Province of Ontario in Canada. We provide this Platform for use only by persons located in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. We encourage users to be aware of their local regulations, especially those pertaining to notarization and legal document services, to avoid any legal discrepancies or liabilities.

14. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER NOTARYPRO NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER NOTARYPRO NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

15. LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL NOTARYPRO NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED PLATFORMS OR SUCH OTHER THIRD-PARTY PLATFORMS, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

16. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless NotaryPro, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.

17. GOVERNING LAW; CHOICE OF FORUM

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

18. WAIVER

Except as otherwise set forth in these Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

19. SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

20. ENTIRE AGREEMENT

The Platform Terms and Conditions of Use, General Terms and Conditions for Services, and our Privacy Policy constitute the sole and entire agreement between you and SquareMarket Technologies Inc. dba Tab Commerce, regarding the Platform, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

21. REPORTING AND CONTENT

This Platform is operated by NotaryPro Technologies Inc., dba. NotaryPro

Should you have any concerns or inquiries related to the Platform, please direct them to [email protected]. This includes:

  1. Notices of copyright infringement claims;
  2. Reports of misuse of the Platform, including libelous or defamatory conduct; and, 
  3. All other feedback, comments, requests for technical support, and other communications relating to the Platform.

We value your input and take all matters seriously. Your prompt attention to these issues will aid us in maintaining the integrity and functionality of our Platform. 

Last Updated: March 2024

POLICIES & PROCEDURES

Key Terms Before Your Appointment:

Pricing: One Notary Public Signature and Seal = One Notarized Document

One Notary Public Signature and Seal = One Notarized Document (one notarization), regardless of the number of pages in the printed or digital document and regardless of how many times the client signs.

For example, a single document may contains 15 pages, and requires NotaryPro to add two notary public signatures. NotaryPro considers this “Document” to be two notarizations, and therefore is charged as two notarized documents.

ID CARD POLICY: ID must be presented for all services

During any service or meeting with NotaryPro or its agents, you shall present valid, non-expired, government-issued photo ID (identification cards) for review, which is not expired and is valid for use.

FAILURE TO PHYSICALLY PRESENT A VALID PHOTO ID CARD DURING ANY APPOINTMENT WILL RESULT IN THE CANCELLATION OF THE APPOINTMENT.

Consent to receive email communications

You consent to receive email communications from NotaryPro and/or its partners, and understand that you can unsubscribe at any time.

Privacy

You agree that copies/scan of my identification and notarized documents may be retained for the purpose of compliance with the rules of the relevant governing Law Societies in Canada and/or the United States.

Personal information

You agree that your personal information will be held private and confidential and will not be shared with third parties except as expressly authorized herein.

Collection of Personal Information in accordance with PIPEDA

When using our website, we can collect personal information about you when you send us an e-mail or fill out our online appointment request form.

​“Personal information” includes any information about an identifiable individual, such as your home address, telephone number or personal e-mail address.

​“Personal information” does not include business contact information such your name, title, position or business address. We will assume that the information you provide us through this site is business contact information, unless you notify us otherwise. The information provided by you through our website may be used to improve our communications with you, including responding to your inquiries, setting up appointments, or sending you information that we believe will be of interest to you. We may also share your information with those whom we have commercial relationships to improve the technical, functional, and content aspects of our site. As with most other commercial websites, we do track user trends and preferences by using a browser feature called ‘cookies’. Cookies, which increase the efficiency in exploring a site, are small text files that contain unique identification numbers. The first time you visit a website, a cookie is sent to the hard drive of your computer so that the website can recognize you as a unique user. In addition to using cookies as described above, we also use Google AdWords Remarketing tracking cookies to display relevant ads tailored to you based on parts of our website you have visited. This allows us to reach out and offer our services to those who have shown previous interest in NotaryPro Canada’s services.

​The use of cookies provides non-personal information, such as the Internet service provider domain name, the time and duration you visited pages on our website, and the type of browser and operating system you use to visit our site. However, we will not be able to collect personal information such as names and addresses when using cookies. Although most browsers are set up automatically to receive cookies, you can reset your browser to notify you when a cookie is being sent or you may refuse all cookies. Users may also opt out of Google’s use of cookies by visiting the Google advertising opt out page.

No lawyer-client or paralegal-client relationship

You agree and acknowledge that no lawyer-client, or paralegal-client relationship is established in any way whatsoever by using NotaryPro’s services. You understand that NotaryPro is not a law firm and cannot provide legal advice under any circumstances.

No witnesses

You understand that NotaryPro notaries cannot guarantee witnesses for in-person notary appointments.

Do not sign in advance

You agree NOT to sign your document before any online or in-person appointment. You understand that you must sign in front of the Notary Public.

Accuracy

You agree you are 100% responsible for the accuracy, completeness and truth of the contents of my document. You understand that NotaryPro cannot help, advise or guide you to complete or fill out document(s), under any circumstances.

Prohibited documents

The following document require in person notary services and cannot be notarized online via video call:
  • Identification
  • Passport and Passport Applications
  • Trusts (including Testamentary Trust)
  • Negotiable Instruments (Cheque, Promissory Notes, Loan Agreements, etc)
  • Payment Bond or letter of credit
  • A document of title (e.g. bill of sale, deed), except a contract of carriage (see s.31 of the Ontario Electronic Commerce Act, 2000)
  • Certified true copies of original physical paper/printed documents
  • Wills and Power of Attorneys must be signed on pen and paper over video call using our Virtual Witnessing Service. Visit https://www.notarypro.ca/vws to book your appointment.

Refunds

Type of Issue Description Policy
Company Error Your NotaryPro notary public makes a mistake or oversight (i.e. incorrect date, name) on the document resulting in the recipient rejecting the document. You must provide written proof of the rejection. NotaryPro will re-notarize the document for resubmission to the recipient.

If the document is rejected a second time, 100% refund.
Client Error Your document contains:
  • Errors or typos that were missed by you prior to the appointment.
  • Uploaded the wrong document and proceeded with signing.
  • Failed to confirm with your recipient that they would accept electronic signatures.
Non-refundable.
If the document is eligible for virtual notarization, we can offer a discounted rate on the re-notarization.
Client Oversight

Your Document is a prohibited document (ID/ Passport, Physical documentation).

Your document needs a wet-ink signature and you decline to schedule a new appointment within our notary network.

(If you submitted a document that requires wet ink signature(s) and we are unable to schedule you a new signing appointment due to not having notaries within our network in your area, you will receive 100% refund)

If you reschedule the same appointment three or more times, NotaryPro will charge a cancellation fee.

Partial refund minus 25% cancellation fee

OR

Credit applied to the IPN appointment booked, if applicable.
Document rejected by recipient The document was rejected by the recipient. You notified NotaryPro within 48 hours of the rejection and provided written proof of the rejection. Upon reviewing proof of the rejection of the document, NotaryPro will contact the recipient to advocate for the authenticity of the document.

If the recipient refuses to accept the document, and in-person notary service is not possible, a 100% refund will be applied.

Any rejection of a document that is older than 90 days is not eligible for a refund but can have a re-notarization at a discounted rate dependent on our discretion.
No-show with prepaid appointment You fail to join or attend the scheduled appointment. This is considered a “no-show”. Non-refundable, with option to reschedule appointment to complete service.
Client Cancellation You cancelled your appointment with either more or less than 48 hours’ notice and did not rebook. 100% refund if cancelled more than 48 hours before appointment time.

Full refund minus 25% service/cancellation fee if cancelled less than 48 hours before appointment time.

Remote Online Notary Service – Terms of Use:

By using NotaryPro’s remote online notary services (“RON Services“), you agree to the following terms and conditions.

Nature of Relationship

I agree that:

  • no lawyer-client or paralegal-client relationship exists between NotaryPro and myself as a result of the RON Services;
  • I have not been given, nor have I sought, any legal advice from the Notary Public, NotaryPro, or any NotaryPro affiliates, relating to the contents of my document(s) and/or RON Services;
  • the responsibility, if any, for the giving of legal advice and counsel remains with my own lawyer/paralegal/solicitor/attorney, if any, and where applicable;
  • at all times, under any appointment or RON Services type, the Notary is acting solely and exclusively in their capacity as Notary Public, and not in any capacity as lawyer, paralegal, legal counsel, or attorney.

Digital Electronic Signature & Digital Notarization (Includes Refund Policy)

For the purposes of this policy, the terms “E-Signature” and “Digital Signature” shall have the same meaning.

One Notary Public E-Signature = One Notarized Document (one notarization), regardless of the number of pages in the digital document file and regardless of how many times the client is required to e-sign.

For example, a single PDF file contains 15 pages, and requires NotaryPro to add two notary public digital signatures. NotaryPro considers this “Document” to be two notarizations, and therefore is charged by NotaryPro as two notarized documents.

I agree that:

  • my document will be commissioned/signed/executed digitally and that all signatures will be applied digitally;
  • the Notary Public’s seal/stamp will be applied digitally and that no physical paper copy is produced by NotaryPro, its affiliates, agents or authorized representatives;
  • each time the Notary Public adds their digital signature and seal, this is considered a digital notarization and is therefore charged accordingly. For greater clarity, view our prices.
  • Responsibility for Acceptance of E-Signature: it is my responsibility (you, the client) to ensure that the recipient of my digitally/electronically signed and/or digitally notarized document will accept the digital/electronic signature and digital notarization of my document and I confirm that the document(s) do not require an in-person pen and paper notarization;
  • a video recording of my meeting with the Notary may be saved, stored and documented by NotaryPro and that such recordings are maintained solely for the protection of my information, quality assurance purposes, and/or fraud prevention, and/or otherwise required to be provided or produced by law.

Refunds – Remote Online Notary Services Only

Refund Scenarios:

The below are some of the most common refund scenarios and the applicable refund policy:

Type of Issue Description Policy
Company Error Your NotaryPro notary public makes a mistake or oversight (i.e. incorrect date, name) on the document resulting in the recipient rejecting the document. You must provide written proof of the rejection. NotaryPro will re-notarize the document for resubmission to the recipient.

If the document is rejected a second time, 100% refund.
Client Error Your document contains:
  • Errors or typos that were missed by you prior to the appointment.
  • Uploaded the wrong document and proceeded with signing.
  • Failed to confirm with your recipient that they would accept electronic signatures.
Non-refundable.
If the document is eligible for virtual notarization, we can offer a discounted rate on the re-notarization.
Client Oversight

Your Document is a prohibited document (ID/ Passport, Physical documentation).

Your document needs a wet-ink signature and you decline to schedule a new appointment within our notary network.

(If you submitted a document that requires wet ink signature(s) and we are unable to schedule you a new signing appointment due to not having notaries within our network in your area, you will receive 100% refund)

If you reschedule the same appointment three or more times, NotaryPro will charge a cancellation fee.

Partial refund minus 25% cancellation fee

OR

Credit applied to the IPN appointment booked, if applicable.
Document rejected by recipient The document was rejected by the recipient. You notified NotaryPro within 48 hours of the rejection and provided written proof of the rejection. Upon reviewing proof of the rejection of the document, NotaryPro will contact the recipient to advocate for the authenticity of the document.

If the recipient refuses to accept the document, and in-person notary service is not possible, a 100% refund will be applied.

Any rejection of a document that is older than 90 days is not eligible for a refund but can have a re-notarization at a discounted rate dependent on our discretion.
No-show with prepaid appointment You fail to join or attend the scheduled appointment. This is considered a “no-show”. Non-refundable, with option to reschedule appointment to complete service.
Client Cancellation You cancelled your appointment with either more or less than 48 hours’ notice and did not rebook. 100% refund if cancelled more than 48 hours before appointment time.

Full refund minus 25% service/cancellation fee if cancelled less than 48 hours before appointment time.

By proceeding with NotaryPro’s remote online notarization (virtual commissioning) services, you hereby accept the following:

  1. You accept full responsibility for the contents and accuracy of your document and acknowledge that you have ensured the recipient of your documents will accept electronic signatures and digital notarization.
  2. You accept that NotaryPro only provides full refunds in the event of a demonstrable error caused by NotaryPro that cannot be resolved by re-notarizing the document(s) through an in-person notary public within the NotaryPro network of local notaries.

To reduce the chance of your digitally notarized document being rejected, it is critical to understand the types of documents that can and cannot be digitally notarized   There are two types of notarizations that we commonly perform.

  1. CANNOT BE DIGITALLY NOTARIZED: Certified True Copy of an Original Document.  This type of notarization is simply a photocopy of a document (such as a piece of ID, utility bill, education transcript, etc.) that has a “Certified True Copy” stamp with a notarial seal. This provides assurances that the copy is exactly the same as the original document. This type of notarization will not provide anyone with any assurances as to how the document was signed. Please note that for paper-original documents, this service is only provided in person.
  2. CAN BE DIGITALLY NOTARIZED: Notarization of your signature. This is the most common type of notarization that we do. When we are notarizing a signature on a document, we are attesting to the circumstances around how the document was signed. This would typically include when, where and by whom the document was signed.  When notarizing your signature, we will also administer an oath or affirmation prior to your signing the document. When signing any sort of document under oath, you are promising that everything in the document you signed is true with serious legal consequences if anything later turns out to be untrue.
  3. WHAT IS INCLUDED: As part of the process of notarizing your document, we do not review the content or provide any advice with respect to the content of the document. (Please note that NotaryPro cannot determine if your document is permitted to be notarized online and it is the responsibility of the client to determine if electronic signatures will be accepted by the recipient of the notarized documents)

If you have concerns around the content of your document, it would be best to reach out to the organization you will be submitting the document to or a qualified legal professional. 

No Certified True Copies via Remote Online Notary Service

I agree that:

cannot request a notarized certified true copy of any original physical document including:

  • Passport
  • Identification
  • Trusts (including Testamentary Trust)
  • Negotiable Instruments (Cheque, Promissory Notes, Loan Agreements, etc)
  • Payment Bond or letter of credit
  • A document of title (e.g. bill of sale, deed), except a contract of carriage (see s.31 of the Ontario Electronic Commerce Act, 2000)
  • Certified true copies of original physical paper/printed documents
  • Wills and Power of Attorneys must be signed on pen and paper over video call using our Virtual Witnessing Service. Visit https://www.notarypro.ca/vws to book your appointment.

Pricing

I agree that:

  • By using the RON Services, I agree that NotaryPro reserves the right to set, change and revise all pricing for the RON Services at any time, without notice.
  • The total amount shown when you book any appointment for RON Services shall be the amount payable by you, subject to confirmation, review and revision by NotaryPro in the event additional RON Services are required to complete the service request.
  • The pricing reflected on the NotaryPro website shall apply to the date that RON Services are rendered.
  • NotaryPro defines and strictly considers one (1) notarized document (“Document“) to equal one notary public signature (in-person or electronic), regardless of: the number of pages of the document, the format or way the document was printed / organized / drafted by the client or provider of the document.
  • Pre-payment is required and can be made via credit card (Visa, Mastercard, Amex, Discover) or Visa Debit Only;
  • If I have any additional documents requiring a notary public signature, I will sent an electronic invoice (via Square) for immediate payment, which I agree to pay prior to my appointment;
  • All payment amounts and number/type of Documents to be notarized are subject to review, confirmation and/or rejection by NotaryPro.

​Notary Service – Attendance Terms & Conditions

Your time is valuable. So is ours. When you book an appointment in our calendar, we commit to allocating time exclusively to you and your notarization needs. This is time that cannot be devoted to another client. When you do not show up for your scheduled appointment, we lose the ability to meet with another client willing to pay for our services at that time.

​Accordingly, by agreeing to book any appointment with NotaryPro – whether by phone, text message, email, in person, or the online booking form – all clients agree to the following terms:

No Show Policy:

You agree that if you do not show up to your scheduled appointment and do not provide advance notice to NotaryPro that you will not be showing up, NotaryPro may:

  • invoice you the cost of one document notarization (view our prices) as payment for your missed notarization. All “No Show” invoices will be sent via the Square payment service. Payment can be made by credit card, or e-transfer to [email protected]
  • OR, if you pre-paid for your service, including Remote Online Notary services, NotaryPro will not provide a refund and shall retain your payment unless you contact NotaryPro to explain the reason for not showing up the appointment.

Cancellation Policy:

We understand that plans change and that life happens.

100% refund if canceled more than 48 hours before appointment time.

Full refund less 25% if canceled less than 48 hours before appointment time.

Failure to provide adequate notice (such as by calling after your scheduled appointment) may result in NotaryPro issuing you a No Show invoice.

Rescheduling Policy:

If you cannot or do not show up for an appointment but provide us with advance notice of your desire to reschedule, NotaryPro will agree to one (1) rescheduling without issuing a “No Show” invoice. Subsequent cancellations or no shows will result in a “No Show” invoice being issued by NotaryPro.

Remote Execution of Wills and Power of Attorney (Virtual Witnessing Service / “VWS”)

  1. The remote execution of Wills and Powers of Attorney (hereinafter referred to as “Documents”) shall be governed by the relevant provisions of the Succession Law Reform Act and the Substitute Decisions Act of Ontario (hereafter, the “Applicable Law”).
  1. NotaryPro and its licensed agents (hereafter, “NotaryPro”) shall provide remote notarization services through the website www.notarypro.ca (hereinafter referred to as the “Website”) in accordance with the applicable laws and regulations of Ontario.
  1. NotaryPro shall ensure that the remote execution of Documents complies with all legal requirements, including but not limited to the verification of identity, signature, and the presence of all necessary parties as required by the Applicable Law.
  1. The Website shall provide a secure and confidential platform for the remote execution of Documents, maintaining the privacy and integrity of all parties involved.
  1. NotaryPro shall exercise due diligence and professional care in the execution of remote notarization services, ensuring the accuracy and validity of all Documents executed through the Website.
  1. Any disputes arising out of or in connection with the remote execution of Documents shall be subject to the exclusive jurisdiction of the courts of Ontario.
  1. NotaryPro shall keep accurate records of all remote notarization transactions conducted through the Website, in compliance with the record-keeping requirements imposed by the applicable laws and regulations.
  1. NotaryPro shall promptly notify the relevant authorities in the event of any suspected fraudulent or unlawful activities related to the remote execution of Documents.
  1. The terms and conditions governing the remote execution of Wills and Powers of Attorney shall be subject to periodic review and amendment, as required by changes in legislation or regulatory requirements.
  1. By accessing and utilizing the remote notarization services provided through the Website, all parties involved acknowledge and accept these terms and conditions, and agree to abide by the applicable laws and regulations of Ontario.

NO LEGAL ADVICE AND NO RETAINER RELATIONSHIP:

  1. NotaryPro, operating under the legal name NotaryPro Technologies Inc., provides remote notarization services through the Website solely as a facilitator of the execution process. NotaryPro does not provide legal advice or act as a legal representative for any party utilizing the remote execution services.
  2. By accessing and utilizing the remote notarization services provided through the Website, all parties acknowledge and understand that NotaryPro and its representatives are not acting as their legal counsel or advisors. No attorney-client relationship or retainer agreement is established between NotaryPro and the parties involved by virtue of the remote execution of Documents.
  1. It is the sole responsibility of the parties involved to seek independent legal advice regarding the execution and legal implications of the Wills and Powers of Attorney. The parties acknowledge that they have had the opportunity to consult with independent legal counsel and have chosen to proceed with the remote execution of Documents without such advice.
  1. The parties further acknowledge that any information provided by NotaryPro or its representatives during the remote execution process is for general informational purposes only and should not be construed as legal advice. NotaryPro assumes no liability for any reliance placed on such information.
  1. The parties agree to hold NotaryPro and its representatives harmless from any claims, demands, or actions arising out of or in connection with the remote execution of Documents, including but not limited to any loss, damage, or liability resulting from the lack of legal advice or the absence of a retainer relationship.
  1. This clause shall survive the termination or expiration of the remote execution services provided through the Website and shall be binding upon the parties and their respective successors, assigns, and legal representatives.
  1. The parties acknowledge that they have read and understood this clause, and by proceeding with the remote execution of Documents, they expressly agree to be bound by its terms and conditions.

CLIENT REFERRALS AND PRICING:

  1. In the event that a client is referred to NotaryPro via a law firm or other third party, the pricing for the remote execution of Documents shall be determined by NotaryPro, unless otherwise negotiated between the referring party and NotaryPro.
  1. NotaryPro reserves the right to determine the pricing to be charged to the Client for the remote execution of Documents, unless otherwise negotiated between NotaryPro and the Client.
  1. The Client acknowledges and agrees that any pricing or fee arrangements negotiated between the referring party and NotaryPro shall not create any rights or obligations between NotaryPro and the Client, unless expressly agreed to in writing by NotaryPro and the Client.
  1. The terms and conditions regarding referral and pricing shall apply to all Clients, regardless of whether they were referred to NotaryPro by a law firm or other third party.
  1. NotaryPro reserves the right to modify the pricing for the remote execution of Documents at any time, provided that any changes to the pricing shall be communicated to the Client in writing prior to the execution of Documents.
  1. The Client acknowledges that by accessing and utilizing the remote notarization services provided through the Website, they agree to be bound by the pricing determined by NotaryPro, unless otherwise negotiated as per the terms set forth in this clause.