TERMS & CONDITIONS

TERMS AND CONDITIONS

1. General

This website, FileTickets.ca (the “Site”) is owned and operated by File Tickets Corporation (“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.

2. No Warranty

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.

3. Processing of Payments

By clicking " I have read, understood, and accept the Terms and Conditions” I am paying my ticket voluntarily and understand a conviction will register," you agree to pay the total amount charged, which includes both the payment amount to be paid directly to the Court, the convenience/handling fee, and the credit card fee (2.2%) to be paid directly to File Tickets Corporation.

Please note that the convenience/handling fee and the credit card fee (2.2%) is collected directly by File Tickets Corporation for the use of its software, service, and the secure infrastructure to make this payment to the Court. Your billing company does not receive any portion of the service/handling fee.

It is your responsibility to pay the correct amount of your ticket, and you understand that we will not be held responsible if the incorrect amount is paid or additional fees are applied by the time we process the ticket according to our service time noted below.

WE REQUIRE A MINIMUM 3 - 15 BUSINESS DAYS TO PROCESS YOUR PAYMENT AND FILE PAYMENT WITH COURT SERVICES OR THE LOCAL MUNICIPALITY ON YOUR BEHALF, AND YOU AGREE TO ABIDE BY THIS TIMEFRAME. IF TICKET INFORMATION IS NOT PROVIDED TO US CORRECTLY, IT MAY TAKE UP TO AN ADDITIONAL 10 BUSINESS DAYS TO CONTACT YOU. A business day is a day when the Courts are open for business. If your driver's license is suspended for unpaid fines, there will be a delay in updating the Ministry of Transportation records if payment is made through FileTickets.ca and Court Services. It is suggested that you contact your local Service Ontario Office to reinstate your driver's license. You may pay your outstanding fines that are suspending your License at Service Ontario, and they may reinstate your license immediately after fines and reinstatement fee are paid.

3.1 Manual Payments

For tickets not found in the system and paid manually through our manual forms, it may take 14-30 days to process the payment. Court administration will require time from the "date of deemed service" to upload information into the Ontario database. Until this information is uploaded, we cannot pay the fine on your behalf.

3.2 Fees and Additional Charges

Convenience/handling fees and the Credit Card fee are separate and additional to the ticket amount paid. Fees are calculated as follows:

Convenience Fee for Ticket payments:

We charge a convenience fee of $5 for ticket payment transactions. This fee will be clearly displayed at the time of purchase and is in addition to the base price of the product or service.

Convenience Fee for Disclosure Requests:

We charge a convenience fee of $30 for payment transactions when submitting your disclosure request to Court administration. This fee will be clearly displayed at the time of purchase for the service.

Credit Card Fee.

We charge a credit card processing fee of 2.2% for transactions made using credit cards. This fee is calculated as a percentage of the total transaction amount, including any convenience or handling fees, and will be added to the total amount you owe.

3.3 Additional Charges

If we receive fine payment requests that do not match the fine amount owing with Court Services or the local municipality on the date and time we process the payment, File Tickets may process the difference (up to 100 CAD) from the Credit Card that paid the fine through our payment services provider so that they may pay the fine in full on your behalf. This is done on a case-by-case basis and not for every payment. An email will be sent to you informing you of payment to be processed to the card or refund back to the card.

Court Services and Local municipalities have additional penalties and fines for tickets paid late or in default. In an effort to ensure that subsequent additional fees or license suspensions don't happen with incorrect fine amounts paid to us, you hereby authorize us to process the difference of the fine amount (less the convenience/service fee) up to 100 dollars CAD in addition to the original fine. An email notifying you of the charge will be sent out along with an email receipt for your records. This is done on a case-by-case basis and not for every payment.

For example, if you use a manual form to pay a ticket and enter the set fine amount and not the total payable amount on the ticket, we may process the difference to your card to total the correct amount and email you notification and a receipt

3.4 Refund Policy

File Tickets Corporation charges a non-refundable service/handling fee for using its software, service, and secure infrastructure to process a payment to the court. Once you submit a payment to us, both the service/handling fee and the credit card fee become non-refundable. In the event that a refund is processed, the fine amount will be refunded to you unless funds have already been submitted to the Court or municipality. If funds have been submitted to the municipality, please contact them directly for any refund inquiries.

4. Disputing Tickets

Traffic Tickets - You understand that Filetickets.ca will request a Trial Date or an Early Resolution meeting on your behalf by submitting a "Notice of Intention to Appear" or a "Replacement of Missing Information Form" to the appropriate Court office. The option you select will be the one that we forward to Court Services. If you request a Trial Date, you intend to challenge the evidence provided by the officer in court and ask that they attend the trial. If you select an Early Resolution meeting, the court will schedule a meeting for you to discuss your case with a prosecutor.

You can find a copy of the forms on the court office website. General forms are available at https://www.toronto.ca/services-payments/tickets-fines-penalties/courts/online-forms/. The Provincial Court will send you a "Notice of Trial" or a "Notice of Resolution Meeting" to the email or home address that you provided through this site. You authorize Court Services to communicate with you by email using the email address you provided to us. If you move or change your contact information, it is your responsibility to contact the court office and update their records. We are not responsible for updating this information. You can check your ticket online using Ontario's website at https://www.justiceservices.jus.gov.on.ca/POA/screens/poa/POASC001.xhtml.

You understand that if you fail to attend the scheduled trial date or early resolution meeting, you will be deemed to have not disputed the charge(s) and may be convicted in your absence. Demerit points or license suspension may result from the conviction. Section 86 of the Provincial Offences Act states that anyone who knowingly makes a false assertion of fact in a statement, document or form for use under this Act is guilty of an offence and may be fined up to $2,000 upon conviction. We require 3 business days to process your ticket and file it with the court, and you agree to comply with this timeframe. A business day is a day when the Courts are open for business. We will not be held liable if the Court convicts you of "Failing to respond" within the timeframe specified by the Provincial Offences Act of Ontario.

4.1 Parking Tickets

We do not facilitate disputes for Parking Violations with any municipality in Ontario, Canada. If such requests are made through our website, they will be discarded from our system. We take no responsibility or liability for such requests made in error regardless if our system sends out a confirmation of request.

5. Accessibility for Ontarians with Disabilities

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.

6.Locations served

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.

7.Links

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.

8. Use of the site

The Site is for personal and non-commercial use. The person that is using this site is the individual charged on the tickets they’re submitting. No company or third party shall submit tickets or information to be filed or paid on behalf of someone else. All content included in the Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external website (the "Content"), is provided for informational purposes only.

9. Prohibited Use of the Site.

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.

10. Limitation of Liability

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

11. Trademarks

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.

12. Copyright

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.

13. Changes and Updates

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.

14. Governing Law; Disputes

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.

15. Termination

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.

16. Disclosure

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.

17. Notices.

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.

18. No Waiver

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.

19. Survival

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

20. Severability

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.

21. Contact

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

22. Entire Agreement

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.

23. Google Translate

Translations of text and webpages on FileTickets.ca website are performed by Google Translate. Google Translate is a free online language translation service which can translate text and web pages into different languages. Please note that not all text may be translated correctly or be translated at all.

You agree that when a translation is complete, you assume the risk of any inaccuracies, errors and omissions therein. You agree that File Tickets Corporation shall NOT be held responsible or liable for any damages or losses that may result from your reliance upon or use of Google Translate.

If you have any questions about Google Translate, please read the Google Translate FAQs.

24. Indemnification

You agree to indemnify, defend, and hold harmless File Tickets Corporation, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising out of or in connection with:

Your use of the FileTickets.ca website and services.

Your violation of these Terms and Conditions or any applicable laws, regulations, or third-party rights.

Any content or information you submit, post, or transmit through the FileTickets.ca website.

Any unauthorized use of your account or any breach of security related to your account.

Any interaction, communication, or transaction with other users of the FileTickets.ca website.

Any dispute, legal or otherwise, between you and any third party, including, but not limited to, any governmental authority.

This indemnification obligation will survive the termination or expiration of these Terms and Conditions and your use of the FileTickets.ca website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

Last Updated: October 15th, 2023