TERMS AND CONDITIONS OF USE
Last Amended May 2024

1. Acceptance of Terms and Conditions of Use

This page states the Terms and Conditions of Use of the Eldor-Wal group of companies, including without limitation Eldor-Wal Registrations (1987) Ltd. and Eldor-Wal Technologies Inc. (collectively, “Eldor-Wal”). These Terms and Conditions of Use govern your access and use of Eldor-Wal’s websites, including without limitation those located at https://www.eldorwal.com/ and https://www.resolveconveyancing.com/, and any related webpages, websites, software, applications, products, services, features, and client interface mechanisms, including without limitation, court filing and searches, land title registrations and searches, real estate conveyancing, corporate services, NUANS reports, Personal Property Registry searches and registrations, legal products, out-of-province services and searches, and due diligence searches (collectively, the “Services”), and all information, material, original works and other subject-matter or content, including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, graphics, user interface, documents, products, services and software, on the Eldor-Wal websites or otherwise available through the Services (the "Material").

By clicking “I Agree”, indicating acceptance electronically, or by accessing and/or using the Services and/or the Material, you agree to be bound by these Terms and Conditions of Use which are effective as of the date of such agreement. If you do not accept or agree with any or all of these Terms and Conditions of Use, do not click “I Agree” nor access or use the Services or the Material. If you do not understand, or if you have questions about, these Terms and Conditions of Use, please contact Eldor-Wal before using, or continuing to use, the Services and/or the Material.

If there is any conflict between the terms of this Agreement and your ASP Services Agreement or your End User Agreement, if any, (each an “Enrollment Agreement”), the terms of the Enrollment Agreements shall govern.

2. Changes to these Terms and Conditions of Use

Eldor-Wal may amend these Terms and Conditions of Use at any time by posting new Terms and Conditions of Use on the Eldor-Wal websites in place of these ones. The date on which the Terms and Conditions of Use were last amended is indicated at the beginning of this webpage. The amended Terms and Conditions of Use shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to these Terms and Conditions of Use.

Eldor-Wal will post notice that the Terms and Conditions of Use have been amended on the fronting webpage of the Eldor-Wal websites for a period of 30 days. You must visit this webpage and review these Terms and Conditions of Use each time that you visit the Eldor-Wal websites in order to ensure that you are aware of any amendments and that they are acceptable to you.

Your continued access and/or use of the Services and/or the Material following the posting of amended Terms and Conditions of Use and the related notice means that you accept to be bound by the Terms and Conditions of Use, as amended. If you do not agree with any of the terms or conditions in the amended Terms and Conditions of Use, then you agree to immediately cease all access and/or use of the Services and/or the Material, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Terms and Conditions of Use.

3. Personal Information and Privacy

Your access and/or use of the Services and the Material is subject to Eldor-Wal’s Personal Information and Privacy Policy, which is available at https://www.eldorwal.com/terms-legal/ (the “Privacy Policy”).

4. Intellectual Property - General

All or parts of the Services and the Material may be protected by applicable copyright, trademark, patent trade secret and other proprietary and intellectual property rights and laws under both Canadian and foreign laws which may be violated by unauthorized access and/or use of the Services or the Material. Users of the Services or the Material are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws.

5. Copyright

All or parts of the Material are protected by the Copyright Act, RSC 1985, c C-42 of Canada, as same may be amended from time to time. Copyright in the Material is either owned or licensed by Eldor-Wal.

Except as expressly provided in these Terms and Conditions of Use, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means ("Use") without prior express written consent from Eldor-Wal.

To inquire about obtaining consent to Use any Material on the Services, please send a request to Eldor-Wal at [email protected].

If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, Eldor-Wal, or any third party, you should notify Eldor-Wal of such content immediately at [email protected]. Even if you notify Eldor-Wal of such content that you believe to be objectionable, you agree that Eldor-Wal will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on Eldor-Wal’s part to you or to any third party, and that Eldor-Wal may not be held liable for any action that Eldor-Wal takes, or for Eldor-Wal’s inaction, after you provide Eldor-Wal with notification.

6. Mobile Content

The Services may provide mobile alerts and other mobile content via SMS, MMS, WAP and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. Eldor-Wal makes no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that Eldor-Wal shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Services and is therefore subject to the other provisions of these Terms and Conditions of Use.

In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which Eldor-Wal makes the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.

7. Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Services or in the Material may constitute registered or unregistered trademarks of Eldor-Wal or of third parties that have granted Eldor-Wal a license to use such marks. Unauthorized use of any such trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of Canada and other countries. Nothing on the Services may be interpreted as granting any license to Use any trademark of Eldor-Wal without the express prior written consent of Eldor-Wal. In particular, Eldor-Wal retains all right, title and interest to the words "Eldor-Wal" and “Resolve” and any word, phrase or logo incorporating the foregoing (collectively, the "Eldor-Wal Marks"). You agree not to display or use the Eldor-Wal Marks in any manner without Eldor-Wal’s prior written permission.

To inquire about obtaining consent to Use trademarks, including the Eldor-Wal Marks, please send a request to Eldor-Wal at [email protected].

8. Registration

In order to access and/or use any Services, you may enroll with Eldor-Wal by entering into at least one of the Enrollment Agreements. You agree that you will use the Services only for lawful personal, business or governmental purposes.

If you opt to register for any online service you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Eldor-Wal has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Eldor-Wal shall have the right to suspend or terminate your account and refuse any and all current or future use of any Services. You acknowledge and agree that Eldor-Wal shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about any Service or your account. You further agree that Eldor-Wal or any third party service provider is authorized to verify such Registration Data. Furthermore, if any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Eldor-Wal and its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

You acknowledge and agree that Eldor-Wal may rely on the Registration Data to send you important information and notices regarding your account and any online service. From time to time, Eldor-Wal may send you communications and other promotions by email. You can unsubscribe from Eldor-Wal’s communications and other promotions through the unsubscribe mechanism contained in the applicable message.

If you opt to register for any Service, you may be required to establish an account and provide your e-mail and establish a password. Eldor-Wal uses a single step verification process to authenticate and identify users of the Services.

You authorize Eldor-Wal to process any and all account transactions initiated through the use of your e-mail and password. You are solely responsible for your account, including without limitation and maintaining the confidentiality and security of your account and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your e-mail and password. In no event will Eldor-Wal be liable for the unauthorized use or misuse of your e-mail and/or password. You must immediately notify Eldor-Wal of any unauthorized use of your account, e-mail and password, or any other breach of security with respect to your account, and you agree to provide assistance to Eldor-Wal, as requested, to remedy any breach of security related to your account.

Eldor-Wal collects and uses your e-mail, password and other Registration Data in accordance with its Privacy Policy.

In order to use the Services, individuals under the age of majority must attain permission from their parent or guardian. Use of the Services constitutes acceptance of this requirement and confirmation that such permission has been sought and obtained.

9. Commercial Use

Use of the Material and/or the Services, either in whole or in part, for the purpose of commercial distribution is strictly prohibited, except with express prior written permission from Eldor-Wal.

By using the Services, you attest that you do not provide unlawful or illicit products or services. You will not use the Services for any unlawful, fraudulent or improper activity. You agree that you will not use any information about other users of the Services that is provided by the Services. If Eldor-Wal has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Services, your access to the Services may be suspended or terminated. You will cooperate fully with Eldor-Wal to investigate any suspected unlawful, fraudulent or improper activity.

10. Disclaimer

The Material and the Services is provided "as is", without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, Eldor-Wal disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

Eldor-Wal does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Material or the Services, any websites linked to the Eldor-Wal websites, the results from the use of the Services, the Material, or any websites linked to the Eldor-Wal websites, or otherwise regarding the Material or the information, material, original works or other subject-matter or content on any websites linked to the Eldor-Wal websites.

Additionally, unless otherwise expressly stated, nothing contained in or on the Services or the Material shall be construed as providing advice to you.

11. Limitation of Liability

Under no circumstances, including without limitation negligence, shall Eldor-Wal (including Eldor-Wal’s affiliates and licensors, and each of the respective officers, directors, contractors, agents, employees, successors, and assigns) be liable to you or to any third party for any direct, indirect, compensatory (whether expectation or consequential), general, special, liquidated, pecuniary, punitive, aggravated, nominal or incidental damages or losses, or any other damages or losses of any kind whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, arising directly or indirectly from the Services and/or the Material, including without limitation the access and/or use of, or the inability to access and/or use, any or all of the Services or the Material. The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12. Condition of Eldor-Wal Services (Management of Accounts)

You agree to allow any and all affiliates and/or subsidiaries to work in conjunction with Eldor-Wal in order to provide you with Services.

Eldor-Wal and its affiliates and/or subsidiaries reserve the right to access your accounts if it is necessary to assist with customer service, process payments, enforce the Terms and Conditions of Use, investigate and/or address any security or technical issues, or if Eldor-Wal believes this access is necessary to act in accordance with a legal or governmental request.

You acknowledge your account content, including personal information, may be stored and processed in an Eldor-Wal facility or a facility of its agents outside of Canada. As a result, your personal information may become subject to the Federal and State laws of jurisdiction(s) outside of Canada. As an example, if you are located in Canada and your payment transaction is processed and/or stored by a service provider located in the United States, then your personal information stored and/or used in completing that transaction may be subject to disclosure under United States legislation, including the USA Patriot Act. The USA Patriot Act may allow U.S. law enforcement officials to access any electronic and business records that are stored in the United States at any time.

13. Third Party Website Links

The Services and the Material may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Eldor-Wal. There also may be circumstances in which access to the Services may be provided by a hypertext link located at a third party website.

Eldor-Wal is not responsible for and does not endorse, authorize, approve, certify, maintain, or control the content of any third party website, or any third party goods or services that may be referred to in, or linked to, the Services or the Material, nor does it make any representation or warranty of any kind, express or implied, regarding any third party website, goods, or services, including, without limitation, (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, material or content on such third party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

Eldor-Wal is not responsible for responsible or liable for any loss or damage caused as a result of your use of any third party services linked or referenced in the Services or the Material, nor for the privacy practices of such third party websites. Eldor-Wal encourages users to review the privacy policies and terms of use of any linked third party websites before navigating any such website or disclosing any personal information online.

Nevertheless, Eldor-Wal seeks to protect the security, integrity and reliability of the Services and therefore welcomes any feedback regarding links to third party websites contained on Eldor-Wal’s websites (including without limitation if a specific link does not function).

14. Indemnification

You agree to indemnify, hold harmless, and defend Eldor-Wal, and its affiliates and licensors, and each of the respective officers, directors, contractors, agents, employees, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable legal fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services and the Material, (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms and Conditions of Use, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. These obligations will survive any termination of these Terms and Conditions of Use.

15. Integration and Severability

These Terms and Conditions of Use and your Enrollment Agreement constitute the entire agreement between Eldor-Wal and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Eldor-Wal. In the event any provision of these Terms and Conditions of Use is held unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

If there is any conflict between the terms of this Agreement and your Enrollment Agreement, the terms of the Enrollment Agreement shall govern.

16. Fees

You are responsible for paying all fees associated with the use of the Services on or before the due date for such fees.

17. Unpaid Accounts

Eldor-Wal, at its sole discretion, reserves the right to restrict or terminate your use of Services at any time, with or without notice, effective immediately in the event that Eldor-Wal determines that you have failed to pay all fees associated with the use of Services when due.

18. Payment Concerns

If you have any concerns regarding charges to your account, you have 30 days from the date of the charge to dispute it. Please contact Eldor-Wal at [email protected] regarding any questions concerning your account.

19. Canceling Service

You may cancel your online account and terminate this Agreement at any time. To cancel your account please contact Eldor-Wal directly at [email protected].

20. Document Retention

With respect to its online services, Eldor-Wal retains any electronic search results for a period of two years, unless otherwise required by law.

With respect to filing and registration services, Eldor-Wal registers and files documents and will provide you with proof of filing. Eldor-Wal also retains a record of any filing (such as a filed PPR registration) for the length of the associated registration plus a period of three months, unless otherwise required by law.

Eldor-Wal does not retain original documents or any copies thereof.

21. Modifications to the Service and Prices

Eldor-Wal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or the Material (or any part thereof) with or without notice.

Prices of all Services are subject to change upon 30 days’ notice from Eldor-Wal. Such notice may be provided at any time by posting the changes on Eldor-Wal’s websites.

Eldor-Wal shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

22. No Resale of the Services

Your right to access and use the Services is personal to you and subject to the usage license as provided under the Enrollment Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services to any third party.

23. Conduct

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Services and the Materials.

You agree not to do any of the following:

(a) use the Services or the Materials for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;

(b) use the Services or the Materials in a way that could damage the Services, the Materials, or Eldor-Wal’s business;

(c) use the Services or the Materials in a way that would adversely impact use of the Services or the Materials by other users;

(d) message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence or actions that are threatening to any living thing; or (vi) promotes illegal or harmful activities or substances.

(e) collect or store personal information about other individuals;

(f) upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

(g) reverse engineer, or attempt to reverse engineer or disassemble any of the Material;

(h) violate the security of the Services or the Materials through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;

(i) violate any applicable law or regulation or any person’s legal rights; or

(j) encourage or enable any other individual or other person to do any of the foregoing.

If you use, or attempt to use the Services for any of the foregoing purposes, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

24. Financial Documents

Financial institutions typically use standard forms of documents (collectively, “Forms”), such as security agreements and mortgages. From time to time, these financial institutions may amend, remove, or replace their Forms. Eldor-Wal will use commercially reasonable efforts to ensure that the most current version of the applicable Forms are uploaded and available on the ResolveTM platform, but you agree that you are solely responsible for ensuring that any documents, including any Forms, that you submit to a financial institution are current, complete, and valid. You acknowledge that a financial institution may amend, remove, or replace any Form at any time without notifying Eldor-Wal, and you agree that Eldor-Wal has no responsibility for any Form that: (a) may be outdated or otherwise incomplete or invalid; (b) you do not complete or submit to a financial institution; or (c) you do not complete or submit correctly to a financial institution; including any Form available on the ResolveTM platform.

A financial institution may approve a specific lawyer(s) to assist with a transaction. In the event you, as the approved lawyer, access the ResolveTM platform, you certify and acknowledge that you are approved by the applicable financial institution to assist with the relevant transaction and that you have the authority and permission to use the ResolveTM platform on behalf of such financial institution.

25. Correct E-mail

You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Eldor-Wal with a correct and operational e-mail address. Eldor-Wal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Eldor-Wal of any change in your e-mail or postal mailing address.

26. Electronic Notices

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the Services ("Notices"), may be provided to you electronically and you agree to receive Notices in an electronic form. Electronic Notices may be posted on the pages within the Services and/or delivered to your e-mail address. You should print a copy of any Notices and retain it for your records. All Notices in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Notice. Eldor-Wal reserves the right but assumes no obligation to provide Notices in paper format. Your consent to receive Notices electronically is valid until you revoke your consent by notifying Eldor-Wal of your decision to do so, by sending an e-mail message to [email protected] or by telephoning Eldor-Wal Support at 780.429.5969. If you revoke your consent to receive Notices electronically, Eldor-Wal may terminate your right to use the Services.

27. No Refund Policy

All services provided by Eldor-Wal are provided on a non-refundable basis. Customer agrees not to charge back any credit card payments for services rendered. Should you require to cancel a service request before it has been processed by Eldor-Wal, contact Eldor-Wal at 780.429.5969 during business hours. If the service can be cancelled, it will be, and you will not be charged for the service requested. Should the service request not be able to be recalled, you will be charged for such services. In the event of a data entry error on the part of Eldor-Wal, contact Eldor-Wal at 780.429.5969. Eldor-Wal will re-submit the request for processing, and provide such results to you at no charge when possible. The original service request fee will not be refunded.

28. No Waiver

Eldor-Wal’s failure to enforce any provisions of these Terms and Conditions of Use or respond to a breach by you or other parties shall not in any way waive Eldor-Wal’s right to enforce subsequently any terms or conditions of the Terms and Conditions of Use or to act with respect to similar breaches.

29. Termination

Eldor-Wal may terminate these Terms and Conditions of Use, including any licenses contained herein and your access to and use of the Services or the Material, at any time (“Termination”).

Upon Termination, you must cease to access and/or use the Services and the Material. This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, and the obligation to take any additional or alternative reasonable steps that Eldor-Wal may direct in respect of the Termination.

30. Dispute Resolution

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions of Use, or the Services or the Material, by negotiations; however, if a dispute is not resolved by negotiation within twenty (20) days of commencing negotiations, the dispute shall be submitted to arbitration by a single arbitrator who is acceptable to both you and Eldor-Wal and whose expenses will be shared equally by you and Eldor-Wal. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator will be conclusive, final and binding on you and Eldor-Wal. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

31. Governing Law

These Terms and Conditions of Use and the access to and use of the Services and the Material shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta.

32. Contact Information

For more information about these Terms and Conditions of Use or any information or questions regarding the Services, please contact Eldor-Wal at 780.429.5969 or [email protected].

Privacy Policy

PERSONAL INFORMATION AND PRIVACY POLICY
Last Amended October 2023

This page states the Personal Information and Privacy Policy (“Privacy Policy”) of the Eldor-Wal group of companies, including without limitation Eldor-Wal Registrations (1987) Ltd. and Eldor-Wal Technologies Inc. (collectively, “Eldor-Wal”). This Privacy Policy applies to Eldor-Wal’s websites, including without limitation those located at https://www.eldorwal.com/ and https://www.resolveconveyancing.com/, and any related webpages, websites, software, applications, products, services, features, and client interface mechanisms, including without limitation, court filing and searches, land title registrations and searches, real estate conveyancing, corporate services, NUANS reports, Personal Property Registry searches and registrations, legal products, out-of-province services and searches, and due diligence searches (collectively, the “Services”).

Eldor-Wal is committed to protecting your personal information and privacy and considers matters relating to the protection of your personal information and privacy to be of the utmost importance. Eldor-Wal has created and implemented this Privacy Policy so that you understand how your personal information may be collected, retained, used, disclosed and destroyed and how it is protected by Eldor-Wal. This Privacy Policy covers:

the information collected by Eldor-Wal;
how Eldor-Wal collects, retains, uses, discloses, destroys and protects your personal information;
certain of your choices and obligations as a user of the Services;
your requests to access or correct your personal information; and
how to contact Eldor-Wal.

By providing personal information while using the Services and dealing with Eldor-Wal, you consent to the collection, retention, use, disclosure, destruction and protection of your personal information in accordance with the terms set out in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. If you do not understand, or if you have questions about, this Privacy Policy, please contact Eldor-Wal before using, or continuing to use, the Services.

Should you have questions regarding this Privacy Policy or Eldor-Wal’s privacy practices, please contact Eldor-Wal’s Privacy Officer using the contact information provided at the end of this Privacy Policy.

A. Compliance with Legislation

Eldor-Wal is compliant with federal legislation governing personal information (e.g. the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 as it may be amended or superseded from time to time), Canada’s anti-spam legislation, SC 2010, c 23 (“CASL”), and other legislation which may apply from time-to-time, which are designed to protect your personal information and privacy.

B. Definition

In this Privacy Policy, the following term has the following meaning:

"personal information" means information about an identifiable individual or entity. Personal information does not include information that cannot be attributed to an identifiable individual, such as information of an aggregate or anonymous nature.

In the context of the Services, examples of personal information may include, without limitation, your name, company name, mailing address, e-mail address, phone number, credit card or payment information, other account information, communication preferences, the names of any authorized representatives who will work with Eldor-Wal, correspondence and other information that you send to Eldor-Wal, unique identifiers (such as a user name, password, or mobile device identification number), Internet Protocol (IP) address, location information, information collected through cookies, web beacons, Local Shared Objects, and other technologies, Standard Server Log Information, or additional information as otherwise described to you at the point of collection or pursuant to your consent.

C. Changes to this Privacy Policy

Eldor-Wal may amend this Privacy Policy at any time by posting a new privacy policy on the Eldor-Wal websites in place of this one. The date on which the Privacy Policy was last amended is indicated at the start of this Privacy Policy. The amended Privacy Policy shall automatically be effective when posted and will apply to personal information collected after the effective date. Amendments may include, without limitation, additions, deletions or modifications to this Privacy Policy.

Eldor-Wal will post notice that the Privacy Policy has been amended on the fronting webpage of the Eldor-Wal websites for a period of 30 days. You are advised to check for such notices and to review the Privacy Policy each time you use the Services in order to ensure that you are aware of any amendments and that they are acceptable to you.

Your continued use of the Services following the posting of an amended Privacy Policy and the related notice means that you accept the terms of this Privacy Policy as amended. If you do not agree with any of the terms or conditions in the amended Privacy Policy, then you agree to immediately cease all use of the Services, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Privacy Policy.

D. Personal Information Aggregated or Made Anonymous

To the extent that Eldor-Wal makes any of your personal information anonymous or aggregates it with the personal information of others such that it can no longer be attributed to you, your information will no longer be considered to be personal information and Eldor-Wal is entitled to use, retain, disclose and destroy such information in its absolute discretion.

E. Choosing to Provide Personal Information

When using the Services and dealing with Eldor-Wal, you may choose not to provide certain of your personal information. If you choose not to provide all information reasonably requested of you, it may limit the manner in which you can make use of the Services and otherwise interact with Eldor-Wal or you may not be able to use the Services or to interact with Eldor-Wal at all.

F. Consent

Eldor-Wal will obtain your express consent prior to or when collecting, using or disclosing your personal information for a purpose that is not described in this Privacy Policy, or for a purpose that Eldor-Wal did not identify to you or that was not reasonably expected at the time of collection, unless Eldor-Wal is required or authorized by law not to obtain your consent.

Eldor-Wal may rely on your implied consent in certain circumstances, after taking into account factors such as the sensitivity of the personal information and your reasonable expectations.

Eldor-Wal will limit the collection, use, and disclosure of your personal information to only that which is necessary for the purposes identified, unless you have otherwise consented, or when such collection, use, and/or disclosure is permitted or required by law.

You can always refuse to provide your personal information, except that it may prevent you from using the Services or receiving responses to your inquiries or other information of interest.

G. Consent via Opt-In or Opt-Out in Certain Circumstances

Eldor-Wal may, from time to time, provide you with a reasonable opportunity to opt-out of certain collections, uses and disclosures of your personal information, unless otherwise provided for in this Privacy Policy. You implicitly consent to a particular collection, use or disclosure of your personal information if you fail to indicate within a reasonable time that you wish to opt out of the particular collection, use or disclosure when you are given a reasonable opportunity to do so.

Eldor-Wal also may, from time to time, provide you with a reasonable opportunity to opt-in to certain collections, uses and disclosures of your personal information. If you do not opt-in to a particular collection, use or disclosure of your personal information when given a reasonable opportunity to do so, you do not consent to your personal information being collected, used or disclosed in that particular manner.

Where Eldor-Wal provides an opt-in or opt-out opportunity, Eldor-Wal will use the opt-out method when the particular collection, use or disclosure does not pertain to sensitive personal information or would be reasonably expected by the user of the Services. Eldor-Wal will use the opt-in method in all other circumstances.

H. Changing or Withdrawing Consent

You may change or withdraw your consent with respect to the collection, retention, use, disclosure, destruction and protection of your personal information in accordance with this Privacy Policy at any time, subject to legal or contractual restrictions and reasonable notice, by contacting Eldor-Wal’s Privacy Officer using the contact information provided at the end of this Privacy Policy and by providing Eldor-Wal with sufficient personal identifiers so that Eldor-Wal can act effectively on your request.

If you withdraw certain consents reasonably requested of you and necessary for you to make use of the Services or to otherwise interact with Eldor-Wal, it may limit the manner in which you can make use of the Services and otherwise interact with Eldor-Wal or you may not be able to use the Services or interact with Eldor-Wal at all.

Your ability to change or withdraw consent is not absolute. Eldor-Wal reserves the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.

Any change to or withdrawal of consent will not apply retroactively.

I. Collection of Personal Information

Most of the personal information that Eldor-Wal collects will be collected directly from you by Eldor-Wal. Except as otherwise provided in this Privacy Policy, Eldor-Wal will obtain your consent to collect your personal information and will inform you at that time of the uses and disclosures that Eldor-Wal intends to make of your personal information, unless the intended uses and disclosures are described in the Privacy Policy or are reasonably expected at the time that Eldor-Wal collects your personal information.

In some instances, Eldor-Wal may collect your personal information directly from a third party, in which case Eldor-Wal will obtain your consent to such collection unless required or permitted by law not to obtain your consent or unless the third party provided confirmation to Eldor-Wal that it is entitled or required by law to disclose your personal information to Eldor-Wal.

The following, without limitation, are particular circumstances in which Eldor-Wal may collect your personal information:

Eldor-Wal collects personal information from you when you visit its websites, register an account to request access to the Services, subscribe to receive communications from Eldor-Wal, respond to an electronic survey or communication from Eldor-Wal (such as e-mail), submit comments or participate in another feature of the Services, make payment for Services, or interact with Eldor-Wal in any other way, online or offline, including through the Services. In particular, when registering an account, subscribing to receive communications from Eldor-Wal, responding to an electronic survey or communication from Eldor-Wal, submitting comments or participating in another feature of the Services or making payment for Services, Eldor-Wal may ask you for your name, e-mail address, mailing address, phone number, credit card or payment information or other information;
Eldor-Wal may also collect personal information from other sources (such as its third party service providers) or from its offline interactions with you to, among other things, enable Eldor-Wal to verify or update information contained in its records and to better provide or customize the Services for you;
Eldor-Wal also may collect information, including without limitation the name, address, and e-mail address, of other individuals that you invite to participate and use the Services. Such information would be provided by you and Eldor-Wal assumes you have the consent of that individual to enable Eldor-Wal to collect, use or disclose their information as described in this Privacy Policy and as instructed by you; and
Like many websites, Eldor-Wal uses "cookies" on the Eldor-Wal websites in order to enhance your experience when you visit the websites and to gather information about visitors and visits to the Eldor-Wal websites. Please refer to the "Cookies" subsection of this Privacy Policy below for additional information about cookies and how Eldor-Wal uses them.

J. Use of Personal Information

When Eldor-Wal uses your personal information, it will ensure that you previously provided consent to the intended use or it will obtain your consent prior to using your personal information in that particular manner, unless the intended use is described in this Privacy Policy, was identified to you or was reasonably expected at the time that Eldor-Wal collected your personal information, or is permitted or required by law without your consent.

The following, without limitation, are particular circumstances in which Eldor-Wal may use your personal information without obtaining your further consent. By providing your personal information to Eldor-Wal, you consent to the following uses:

using identification information and contact information, such as your name, address and e-mail address, to provide you with information about Eldor-Wal;
using identification information and contact information, such as your name, address and e-mail address, so that Eldor-Wal can identify you and deliver the Services that you request and to communicate with you regarding those Services;
using payment method preferences and related financial information that you provide to Eldor-Wal so that Eldor-Wal can obtain payment for the Services that you request and process transactions in an efficient manner;
using information relating to your preferences so that Eldor-Wal can deliver the Services to you in accordance with those preferences;
using customer relationship information such as your Service requests, instructions, comments and feedback to assist Eldor-Wal in delivering the Services in accordance with your preferences;
using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose;
using identification information and contact information, such as your name, address and e-mail address to administer a promotion or survey or to provide you with information about events or offers that may interest you or new features and/or enhancements to the Services, unless you choose to unsubscribe to such messages in accordance with CASL, where applicable;
analyzing your personal information to assist Eldor-Wal in developing and enhancing the Services;
analyzing your personal information to assist Eldor-Wal in conducting market analysis and strategic planning;
compiling and analyzing your personal information into aggregated research reports. Aggregated data is not identified with any particular customer or any particular customer representative or any other particular customer information. Eldor-Wal may share this aggregated data with its business partners;
respond to legally binding demands from law enforcement, regulatory authorities or other third parties;
defend, protect or enforce Eldor-Wal’s rights or applicable terms of service;
to prevent fraud or the recurrence of fraud;
comply with applicable law; and
as otherwise described to you at the point of collection or pursuant to your consent.

Eldor-Wal uses a third party provider for processing payments. Eldor-Wal requests the third party provider comply with applicable privacy legislation but Eldor-Wal cannot guarantee such third party compliance.

Eldor-Wal may use non-personal information for any legitimate business purpose.

K. Disclosure of Personal Information

When Eldor-Wal discloses your personal information, it will ensure that you previously provided consent to the intended disclosure or it will obtain your consent prior to disclosing your personal information in that particular manner, unless the intended disclosure is described in this Privacy Policy, was identified to you or was reasonably expected at the time that Eldor-Wal collected your personal information, or is permitted or required by law without your consent.

The following, without limitation, are particular circumstances in which Eldor-Wal may disclose your personal information without obtaining your further consent. By providing your personal information to Eldor-Wal, you consent to the following disclosures:

where the disclosure is set out in the related documentation for the Services or is reasonably expected through the use and operation of the Services;
where disclosure is necessary to enable staff, employees, agents, contractors, suppliers, affiliates or partners of Eldor-Wal to provide a product or service to Eldor-Wal or to you and to perform a function on behalf of Eldor-Wal or in respect of the Services. Eldor-Wal will act in a reasonable manner, including by contractual or other means, to ensure that these individuals or entities collect, use and disclose your personal information only as necessary to provide the product or service or to perform the function, adhere to this Privacy Policy or to their own comparable privacy policy, and comply with applicable privacy legislation with respect to your personal information, but Eldor-Wal cannot guarantee these individuals’ or entities’ compliance;
where Eldor-Wal is under a duty to disclose your personal information in order to comply with any applicable legal obligation, legal or regulatory process or an order or request of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
where Eldor-Wal believes in good faith that disclosure is necessary:
- to investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies or investigative bodies in that regard;
- to enforce the Terms and Conditions of Use or any other policies of the Services or any agreements to which Eldor-Wal is a party;
- to investigate and defend Eldor-Wal against any third party claims or allegations;
- to protect the security or integrity of the Services; and/or
- to exercise or protect the rights, property or personal safety of Eldor-Wal, its customers and users, employees, or others;
if Eldor-Wal transfers or is considering transferring control of any or all of its assets, operations or services to a third party acquirer of all or substantially all of Eldor-Wal’s assets, including its rights and obligations relating to the Services, to a third party. The third party may continue to retain and use the personal information that you provided to Eldor-Wal. Eldor-Wal will act in a reasonable manner, including by contractual or other means, to ensure that the third party agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by Eldor-Wal to protect the privacy and security of your personal information and to similarly comply with applicable privacy legislation with respect to your personal information, but Eldor-Wal cannot guarantee such latter compliance by the third party acquirer; and
where Eldor-Wal merges, consolidates, or amalgamates with a third party, the merged, consolidated, or amalgamated entity may continue to use and disclose your personal information. Eldor-Wal will use its best efforts to ensure that the merged, consolidated, or amalgamated entity agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by Eldor-Wal to protect the privacy of your personal information and to similarly comply with applicable privacy legislation with respect to your personal information, but Eldor-Wal cannot guarantee such compliance.

Eldor-Wal discloses non-personal information to third parties as reasonably necessary to meet its business needs. In no event will Eldor-Wal sell or rent your personal information.

L. Third-party Service Providers

In general, third-party providers used by Eldor-Wal will only collect, use and disclose your personal information to the extent necessary to allow them to perform the services necessary for your use of the Services.

However, certain third-party service providers, such as data storage centres, payment gateways and other payment transaction processors, have their own privacy policies in respect to the personal information Eldor-Wal is required to provide them for your use of the Services.

For these providers, Eldor-Wal recommends that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, be advised that certain providers may be located in or have facilities that are located outside of Canada, such as in the United States. If you proceed to access and/or use any of the Services provided by Eldor-Wal please be aware that it may involve the services of a third-party service provider outside of Canada. As a result, your personal information that is received by the third-party service provider may become subject to the Federal and State laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your payment transaction is processed and/or stored by a service provider located in the United States, then your personal information stored and/or used in completing that transaction may be subject to disclosure under United States legislation, including the USA Patriot Act.

M. Accuracy and Completeness of Personal Information

When Eldor-Wal collects, uses or discloses personal information, it will make a reasonable effort to ensure that the personal information is accurate, up-to-date, and complete to the extent that is reasonable for Eldor-Wal’s purposes in collecting, using or disclosing the personal information. To do so, it may be necessary for Eldor-Wal to request additional information from you or have you verify your personal information. Should your personal information change, please inform Eldor-Wal of the change(s) so that your personal information in Eldor-Wal’s possession remains accurate and complete.

N. Retention and Destruction of Personal Information

Eldor-Wal may retain your personal information for as long as it reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes. There are legally required minimum retention periods which Eldor-Wal must and does observe. Eldor-Wal will retain your personal information for as long as reasonably necessary to comply with its legal obligations, to resolve disputes, and to enforce this Privacy Policy and any Terms and Conditions of Use.

Within a reasonable time period after Eldor-Wal no longer reasonably requires your personal information for the purposes for which it was collected or for legal or business purposes, Eldor-Wal either will destroy the records under its custody or control containing your personal information or it will render your personal information anonymous so that it can no longer be used to identify you.

O. Security of Personal Information

Eldor-Wal recognizes its obligation to protect personal information that is in its custody or under its control by implementing reasonable and industry-standard security safeguards to keep confidential and secure your personal information against risks such as loss, theft, and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. These reasonable safeguards may vary depending on the circumstances, including the level of sensitivity of the personal information, and may include restricting access to authorized individuals on a need-to-know basis, locked doors and/or filing cabinets, other organizational, physical or technological security measures, and contractual measures such as non-disclosure or confidentiality agreements.

As previously described in this Privacy Policy, Eldor-Wal will act in a reasonable manner, including by contractual or other means, to require third parties to whom Eldor-Wal discloses your personal information in accordance with this Privacy Policy or as required or permitted by law to similarly safeguard your personal information by abiding by this Privacy Policy or their own comparable privacy policies and by complying with applicable privacy legislation with respect to your personal information. However, Eldor-Wal cannot guarantee such compliance by third parties.

P. Requests for Access to Personal Information

Requests for Personal Information

On your written request, and taking into consideration what is reasonable, Eldor-Wal will provide you, not later than 30 days from Eldor-Wal’s receipt of your request, or such additional time as permitted or required by law, with:

access to your personal information (if any) under Eldor-Wal’s custody or control;
information about the purposes for which your personal information (if any) under Eldor-Wal’s custody or control has been and is being used by Eldor-Wal; and
the names of persons to whom, and the circumstances in which, your personal information (if any) has been and is being disclosed by Eldor-Wal.

If you request a copy of your personal information and the personal information can reasonably be reproduced, Eldor-Wal will provide you with a copy of the record or the part of the record containing the requested personal information or, if applicable, it will give you reasons for any delay in providing a copy of the requested personal information or record.

If you request to examine the record containing your personal information or if the requested record cannot reasonably be reproduced, Eldor-Wal will permit you to examine or access the record or part of the record in accordance with this Privacy Policy.

All requests may be subject to reasonable fees and disbursements. Where appropriate, Eldor-Wal may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.

Requests for Access to Personal Information must be in Writing

Eldor-Wal requires that all requests for access to personal information be in writing, be signed by the requestor and include sufficient detail to enable Eldor-Wal, with a reasonable effort, to identify any record in the custody or under the control of Eldor-Wal containing the personal information in respect of which the request is made.

Limits on Right to Access Personal Information

Your ability to access your personal information under Eldor-Wal’s custody and control is not absolute. Eldor-Wal reserves all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where:

the personal information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;
the disclosure of the personal information would reveal confidential commercial information;
the disclosure could reasonably be expected to threaten the life or security of another individual;
the disclosure would reveal personal information about another individual;
the personal information was collected without your knowledge or consent (pursuant to applicable legislation) because it was reasonable to expect that such knowledge or consent would compromise the availability or accuracy of the personal information and the collection was reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province; or
the personal information was generated in the course of a formal dispute resolution process.

If access to your personal information is refused, in whole or in part, Eldor-Wal will provide you with the reasons for the refusal, the provision of the applicable legislation on which the refusal is based, and the name of the individual who can answer your questions on behalf of Eldor-Wal about the refusal, and will inform you that you may ask for a review of the refusal in accordance with applicable legislation.

Q. Requests for Correction of Personal Information

On written request by you, Eldor-Wal will make every reasonable effort to correct errors or omissions in your personal information where that personal information is in Eldor-Wal’s custody or control. Eldor-Wal requires that all such requests be in writing, be signed by the requestor, and include sufficient detail to enable Eldor-Wal, with a reasonable effort, to identify any record in the custody or under the control of Eldor-Wal containing the personal information in respect of which the request is made.

If you make such a request, Eldor-Wal will, as soon as reasonably possible and not later than 30 days from Eldor-Wal’s receipt of your request, or within such additional time as permitted or required by law, either:

correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom Eldor-Wal disclosed the incorrect personal information; or
decide not to correct the personal information, but Eldor-Wal will annotate the personal information under its control to indicate that a correction was requested but not made.

Eldor-Wal will inform you of the action that it has taken in response to your request for correction, the name of the individual who can answer your questions on behalf of Eldor-Wal about your request for correction, and that you may ask for a review of the action taken in accordance with applicable privacy legislation.

Notwithstanding any requests for corrections of personal information, Eldor-Wal will not correct or otherwise alter an opinion, including a professional or expert opinion.

R. Cookies and Similar Technologies

The Services may use cookies and similar technologies (such as beacons, tags and scripts). A “cookie’ is small piece of data that resides on your computer, smart phone, tablet or other device that you use to access the Internet. It is transferred by a website to be stored on a visitor’s Internet browser so that it can be recognized by the website to identify the visitor on subsequent visits to the website from the same device and Internet browser.

Eldor-Wal uses cookies to track visitors’ usage of the Services and to provide visitors with tailored information and services on the Services based on visitors’ previous visits.

Eldor-Wal also may use cookies in order to collect the domain names, IP addresses and the activity of visitors. This information may be aggregated for the purposes of measuring the number of visits, average time spent on the Services, pages viewed, and other similar purposes. Eldor-Wal may use this information to measure the use of the Services and to improve the content of the Services.

Cookies do not enable Eldor-Wal to identify a particular visitor unless that visitor has previously provided personal information during a visit.

If your Internet browser permits, you may adjust the settings of your Internet browser to notify you when you receive a cookie or to reject cookies altogether, but in some cases, doing so may impact your ability to use the Services. Because each Internet browser is different, users of the Services should check the "Help" menu of their Internet browsers to learn how to change their cookie preferences.

If you adjust your Internet browser settings to reject cookies, you may no longer have access to certain features of and services in regards to the Services. However, you may nevertheless place an order by telephone by contacting Eldor-Wal’s customer service.

S. Other Collection, Use and Disclosure of Personal Information

Eldor-Wal may monitor your use of the Services to ensure the proper use and operation of the Services and your compliance with any agreements and Terms and Conditions of Use for the Services.

Eldor-Wal also reserves the right to collect, use and disclose your personal information without your knowledge or consent where permitted or required by law.

T. Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement between Eldor-Wal and you and you may not rely on it as such.

U. Accountability and Contacting Eldor-Wal

Eldor-Wal has designated a Privacy Officer to respond to any complaints or inquiries regarding how Eldor-Wal handles your personal information. The Privacy Officer is responsible for overseeing Eldor-Wal’s compliance with this Privacy Policy, and any privacy legislation which may apply from time-to-time.

Should you have any questions or comments regarding Eldor-Wal’s privacy policies, practices, or handling of your personal information or if you wish to request access to or correction of your personal information under Eldor-Wal’s care and control, you may contact Eldor-Wal’s Privacy Officer at:

Attention: Luke Manca, Privacy Officer

Address:

1200-10123 99 ST NW
Edmonton, Alberta
Canada T5J 3H1

Email : [email protected]

TERMS AND CONDITIONS OF USE Last Amended May 2024