TERMS AND CONDITIONS

  1. General
  2. This website, FileTickets.ca (the “Site”) is owned and operated by FileTickets (“We” or “Us” or “Our”). By using this website, you agree to be contractually bound by the following Terms and Conditions agreement (the “terms and conditions”). If you do not agree with these Terms and Conditions, discontinue all use of the Site (as defined hereinbelow) immediately. Access to the Site is offered to you on the condition that you accept without modification the terms, conditions and disclaimers contained herein. Your use of the Site and the content therein constitutes your agreement to all such Terms and Conditions. Any personal information collected, used or disclosed by the us through the Site is subject to our Privacy Policy. By agreeing to these Terms and Conditions, you consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.

  3. No Warranty
  4. We intend for the Content on the Site to be accurate and reliable, however, the Site and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular we make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Site. Furthermore, to the fullest extent permissible pursuant to applicable law, we, our respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. We expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

  5. Disputing Tickets
  6. You understand that Filetickets.ca will request a Trial Date on your behalf by filing a “Notice of Intention to Appear” or “Replacement of Missing Information Form” with the right Court office. You intend to challenge the officers Evidence in court and request him to be present. A copy of the forms Can be found on the court office website. General forms can be found here https://www.toronto.ca/services-payments/tickets-fines-penalties/courts/online-forms/

    The Provincial Court will send you a “Notice of Trial” to either the Email or Home address you provided Through this site. Should you move or your contact information changes, it is your responsibility to contact the court office and update their records. It is not our responsibility to update this information.

    You understand that if you fail to attend the scheduled trial date, you will be deemed not to dispute the charge(s) and may be convicted in your absence. Demerit points or license suspension could be a result of the conviction.

    Section 86 of the Provincial Offences Act provides that every person who makes an assertion of fact in a statement or entry in a document or form for use under this Act knowing that the assertion is false is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

    WE REQUIRE 3 BUSINESS DAYS TO PROCESS YOUR TICKET AND FILE WITH THE COURT AND YOU AGREE TO ABIDE BY THIS TIMEFRAME. A business day is a day when the Courts are open for business.

  7. Accessibility for Ontarians with Disabilities
  8. We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact an Accessibility Coordinator at the Court House as soon as possible. If you require further assistance, please Email us Info@filetickets.ca and we will assist in contacting the right person for you.

  9. Locations served
  10. We are only serving Provincial Offences Courts in The Province of Ontario. Please do not submit any tickets for outside provinces or countries as we will not process Tickets submitted to our site.

  11. Links
  12. Links available on the Site will allow you to link to website or resources not maintained or controlled by us. We provide these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party website. We have neither reviewed nor approved any content that appears on such other website. Please be aware that you link to these third-party websites at your own risk. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other website, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

  13. Prohibited Use of the Site.
  14. You shall not use the Site in any way that would interfere with their operation nor submit any content to the Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Site any information or other materials that:

    • could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
    • could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, us and our respective affiliates;
    • could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, us and our affiliates;
    • could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
    • contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
    • contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who have not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or
    • encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.

    We do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Site and we expressly disclaim any and all liability in connection with your submissions to the Site.

    We reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.

  15. Limitation of Liability
  16. Without limiting the foregoing, we expressly exclude (and you hereby release us from) any liability for any of the following:

    • fraud by any user of the Site;
    • any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site and/or the content therein;
    • any failure by us to ensure that they do not breach any copyright or other intellectual property right of any third party;
    • any link on the Site to any other site; and
    • loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that we have been advised of the possibility of such loss or damage.

    Nothing in these Terms and Conditions is intended to limit or exclude any liability on our part and to the extent that applicable laws prohibit such exclusion or limitation.

    In no event shall we or our affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Site or any other site you or users of your account may access while using the Site or your use or the use by users of your account of the Content, even if advised of the possibility of such damages

  17. Trademarks
  18. All other products, services and company names mentioned in the Site may be trademarks of the Company and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Site without the express written permission of the applicable Company or the relevant owner of the trademark.

  19. Copyright
  20. All Content published on or otherwise accessible through the Site, including without limitation, all texts, designs, images, photographs and other information, is protected under Canadian and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Company and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). We grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Site and maintain such notices in the Content. We do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.

  21. Changes and Updates
  22. We reserve the right to change or remove any Content from the Site, in whole or in part, at our sole discretion, at any time, without notice. We reserve the exclusive right to modify these Terms and Conditions at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. You must regularly review these Terms and Conditions. Please refer to the last update date which appears at the bottom of this page to know the posting date of any change. Your continued use of the Site following any modification to the Terms and Conditions constitutes your agreement to such modified Terms and Conditions.

  23. Governing Law; Disputes
  24. This Agreement is made subject to and shall be construed under the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site, and the Information shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, and the Information.

  25. Termination
  26. We reserve the right to terminate or suspend access to the Site and/or to terminate these Terms and Conditions at any time without notice and for any reason whatsoever.

  27. Disclosure
  28. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. You authorize us to provide the information you submitted on the site to a licensed legal representative who practices Law in the Province of Ontario.

  29. Notices.
  30. All notices, requests, consents, clans, demands, waivers and other communications hereunder (each, a "Notice’) shall be displayed on the Site or delivered by email to the registered user email or both.

  31. No Waiver
  32. Our failure to insist upon, or enforce strict performance, of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

  33. Survival
  34. Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

  35. Severability
  36. If any terms in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

  37. Contact
  38. All questions or enquiries about our services should be directed to Info@filetickets.ca.

  39. Entire Agreement
  40. The Terms and Conditions of the Site and all other documents referenced herein constitute the entire agreement between us and you with respect to your use of the Site or the use by users of your account.

Last Updated: February 17th , 2021