Legal Disclaimer

Liability Limitations

Peel Autism Services will not be held liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, or business opportunities, arising out of or related to the use of our services or failure to meet any of our obligations under this agreement. The total liability of Peel Autism Services in any event will not exceed the amount paid by the client under this agreement, even in cases of negligence, breach of contract, or tort. This limitation is an essential foundation of the pricing and agreement between the parties. The client acknowledges that this limitation is fair and reasonable considering the nature of the services provided by Peel Autism Services, and it applies to any and all claims, regardless of whether such claims are grounded in contract, warranty, negligence, strict liability, or any other legal theory.

Indemnification

The client agrees to indemnify, defend, and hold harmless Peel Autism Services, including its officers, directors, employees, contractors, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to the client's breach of this agreement, the client's use of Peel Autism Services' services, or the client's violation of any applicable laws or regulations.

Compliance With Laws

Both parties are required to comply with all applicable federal, provincial, and local laws, rules, and regulations in the execution of this agreement. This includes, but is not limited to, laws related to data protection, privacy, and any other industry-specific regulations that may apply. Peel Autism Services takes reasonable steps to ensure that its services comply with all legal requirements, but it is ultimately the client's responsibility to ensure their own compliance in the use of those services. Any illegal use or violation of laws by the client shall be the sole responsibility of the client.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising out of or relating to this agreement will be resolved in the courts of Toronto, Ontario, Canada. The client agrees to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for the resolution of any disputes under this agreement. This governing law provision ensures that both parties have a predictable and clear legal framework for resolving disputes, providing legal certainty throughout the contract's life cycle.

Termination Conditions

Either party may terminate this agreement by providing thirty (30) days' written notice to the other party. Upon termination, the client will be responsible for payment of any services rendered up until the date of termination. In the event that the client terminates the agreement before the completion of the agreed services, a cancellation fee of fifty percent (50%) of the total remaining balance for the booked services will be due immediately to Peel Autism Services, compensating for resources allocated, time reserved, and opportunity costs lost. Termination does not relieve either party from any obligations incurred before termination, and all confidentiality obligations remain in effect after termination.

Dispute Resolution

Any disputes arising from or related to this agreement will first be resolved through direct negotiation and mediation. Should these efforts fail, the parties agree to submit the dispute to binding arbitration in Toronto, Ontario, under the rules of the Arbitration Act, 1991 (Ontario), or subsequent legislation. The arbitration will be conducted in English, and the decision of the arbitrator will be final and binding on both parties. Arbitration is intended to provide a swift and efficient resolution to disputes without the time, cost, or uncertainty of litigation, preserving the confidentiality and integrity of both parties involved. In case of failure to settle the dispute through arbitration, either party may seek legal remedy in the courts of Ontario.

Force Majeure

Neither party shall be held liable for any delay or failure in performance due to events or circumstances beyond their reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, embargoes, government orders, and natural disasters. In the event of such a force majeure, the affected party will notify the other party as soon as reasonably possible and take all reasonable steps to mitigate the impact of the force majeure on their ability to perform their obligations. If the force majeure continues for more than sixty (60) days, either party may terminate the agreement without penalty.

Confidentiality

Both parties agree to maintain strict confidentiality with respect to all sensitive information received from the other party. This confidentiality obligation includes the protection of all client and family data and personal information. Peel Autism Services will take reasonable precautions to prevent unauthorized disclosure or misuse of confidential information, including maintaining secure systems and procedures for handling sensitive data. This confidentiality obligation will remain in effect even after the termination of this agreement, safeguarding both parties' rights and interests.

No Warranties

Peel Autism Services provides its services on an 'as is' basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. While Peel Autism Services strives to deliver services of the highest quality, it does not guarantee any specific outcome. Each child's progress is individual and depends on many factors beyond our control.

Data Protection

Peel Autism Services is committed to protecting the confidentiality, integrity, and availability of all client data. We implement industry-standard security measures to safeguard against unauthorized access, use, or disclosure of data. However, no system is completely immune to potential security breaches, and Peel Autism Services cannot be held liable for any security incidents that arise due to factors beyond our control. In the event of a data breach, Peel Autism Services will notify the client as soon as possible and take all necessary steps to mitigate the impact of the breach.

Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely approximates the intent of the original provision, and the parties will negotiate in good faith to agree upon a suitable replacement. This ensures that the agreement remains legally binding and enforceable, even if certain provisions are invalidated by a court or other authority.

Amendments

This agreement may be amended or modified only by a written agreement signed by both parties. Any oral modifications or verbal understandings will not be enforceable. Both parties agree that any changes to the terms, conditions, or scope of services will be documented in writing, either as an amendment to this agreement or as a separate addendum. This clause ensures that all modifications to the agreement are mutually agreed upon and clearly documented to avoid any misunderstandings or disputes in the future.

Questions about this policy? Contact us at info@peelautismservices.ca.