Terms and Conditions
Terms and Conditions
All use of this website [www.duxburylaw.ca] is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Duxbury Law at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.
The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm’s lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.
The contents of the website do not necessarily represent the opinions of Duxbury Law or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Duxbury Law, please contact one of our lawyers, who will be pleased to discuss whether our firm can assist you. A solicitor‐client relationship will arise between you and our firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Confidentiality of Communications
Duxbury Law does not guarantee the confidentiality of any communications sent by e‐mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor‐client privilege. Accessing or using this website does not create a solicitor-client relationship.
Although the use of the website may facilitate access to or communications with members of Duxbury Law by e‐mail or voicemail, receipt of any such communications or transmissions by any member of Duxbury Law does not create a solicitor‐client relationship, unless our firm agrees to represent you.
Although Duxbury Law has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not warrant or guarantee the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.
Duxbury Law will have no liability for any damage arising from the misuse of any information provided on this website. The information provided on the website is not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes a misuse of the information.
Copyright and Trade Marks
The copyright in this website and all materials contained in it are owned, or licensed by Duxbury Law. The Duxbury Law website, as a whole, or in part, may not be reproduced without the express prior written consent of Duxbury Law. To obtain such consent, please contact firstname.lastname@example.org or call (905) 570-1242.
Duxbury Law™ is a trade mark of Duxbury Law. All other brand names, product names and trade marks are the property of their respective owners.
Linking to www.duxburylaw.ca
Duxbury Law acknowledges and appreciates links to the Duxbury Law website. Links should go directly to the homepage at www.duxburylaw.ca, or to the biography of one of the firm’s professionals. Linking directly to other pages within the site or framing content on the site is prohibited without the prior written consent of a representative of Duxbury Law.
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Duxbury Law.
Lastly, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer‐client and agent‐client relationship.
Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
Consent to Our Collection of Personal Information
In most cases, we obtain your consent to collect, use and disclose your personal information.
Usually, if you retain our firm, we assume that we have your implied consent to our collection and use of your personal information, however, at times we may ask for your express consent, either verbally or in writing. Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.
Use of Personal Information at Duxbury Law
We use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Duxbury Law, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e‐mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Duxbury Law’s news and invite you to our firm events.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.
You can ask us not to send you marketing communications by contacting us.
Disclosure of Personal Information
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance or we engage expert witnesses or other law firms on your behalf.
Accuracy of Your Information
It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Duxbury Law uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations and internal passwords that restrict access to our electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Duxbury Law will notify you in writing of the reason for the denial. To request access or to amend your personal information, please contact the lawyer with whom you normally correspond. Duxbury Law will respond within thirty (30) days of receipt of your written request.
Duxbury Law will respond to inquiries about its policies and practices relating to its handling of your personal information. Inquiries should be directed to Brian Duxbury using the contact information below. Duxbury Law will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Duxbury Law will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
Links to Third Party Sites
At some point in time, the Duxbury Law website may provide links throughout the website to third party sites to act as a resource for information on matters that might be of interest to current or potential clients. These links will be provided for convenience only, and do not mean that Duxbury Law endorses or recommends the information contained in linked web sites, or guarantees accuracy, timeliness or fitness for a particular purpose. Duxbury Law takes no responsibility for the content or practices of third party sites.