Introduction
These Terms and Conditions (“Terms”) govern all access to and use of the ClearTitleCA.com website, its related mobile or desktop applications, digital intake forms, and any associated application-programming interfaces (collectively, the “Services”). Clear Title CA Inc., a corporation organised under the federal laws of Canada (“Clear Title CA,” “we,” “our,” or “us”), provides subscription‐based and à-la-carte solutions for preparing, reviewing, and registering real-estate ownership documents across Canadian provinces and territories. By accessing or using any part of the Services, you (“Client,” “you,” or “your”) confirm that you have read, understood, and agree to be legally bound by these Terms.
Acceptance of Terms
You accept these Terms when you (a) create an online account, (b) click “I Agree,” “Accept,” or similar, (c) sign an engagement letter or work order referring to these Terms, or (d) otherwise use the Services. If you act on behalf of a corporation, partnership, or trust, you warrant that you have authority to bind that entity; references to “you” therefore include that entity. If you do not agree with every provision herein, you must not use the Services.
Description of Services
Clear Title CA offers, depending on your selected package:
Document Preparation — drafting or populating purchase transfers, survivorship applications, land title corrections, discharges, and power-of-attorney registrations;
Due-Diligence Searches — title abstracts, writ inquiries, tax-arrears certificates, and condo-status certificates;
Electronic Registration — submission of instruments through provincial land-registry portals (e.g., Teranet, BC LTSA) by licensed lawyers or paralegals;
Status Tracking Dashboard — secure portal showing filing stages, requisition deadlines, and digital copies of registered instruments; and
Post-Registration Services — certified copy retrieval, notice-of-registration to lenders, and storage of original executed documents.
Clear Title CA is not a brokerage and does not provide legal opinions; any opinions are issued exclusively by independent lawyers expressly retained for that purpose and regulated by their respective law societies.
Client Responsibilities
You agree to:
provide accurate, complete information, including identity-verification documents, property details, and lender instructions, and update them promptly;
review draft instruments and confirm correctness before authorising registration;
pay all quoted fees, government disbursements, and taxes by the invoice due date;
obtain independent legal, tax, or financial advice where appropriate;
maintain the confidentiality of portal credentials and comply with two-factor authentication; and
promptly notify us of any suspected unauthorised access or data discrepancy.
Limitation of Liability
To the fullest extent permitted by law, Clear Title CA and its affiliates are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, goodwill, or property value arising from or related to the Services, even if advised of the possibility. Our aggregate liability for all claims shall not exceed the lesser of (a) CAD 10 000 or (b) the total fees you paid for the specific transaction giving rise to liability. Nothing in this section limits liability that cannot legally be limited, including liability for fraud or wilful misconduct.
Intellectual Property
All software, templates, checklists, trademarks, logos, and documentation incorporated in or generated by the Services are the exclusive property of Clear Title CA or its licensors and are protected by Canadian and international intellectual-property laws. Subject to continuous compliance with these Terms, you receive a non-exclusive, non-transferable, revocable licence to use the Services solely for your own property transactions. Except as required by mandatory law, you may not copy, modify, reverse-engineer, decompile, distribute, or create derivative works from any part of the Services.
Governing Law and Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in Toronto, Ontario, and each party irrevocably submits to that jurisdiction.
Termination of Access
We may suspend or terminate your access to the Services: (a) upon thirty (30) days’ written notice if you materially breach these Terms and fail to cure within that period; (b) immediately if required by law, court order, or professional-conduct rules; or (c) if your invoice remains unpaid for more than fifteen (15) days. Upon termination, Sections 5–7 and 9–11 survive, and you will retain portal access for thirty (30) days solely to download completed documents.
Refund Policy
Fees for completed registrations or filed searches are non-refundable. If you cancel a work order before document drafting has begun, we will refund 80 % of prepaid fees; once drafting starts but before filing, we may refund up to 50 % at our discretion. Statutory rescission rights under consumer-protection laws remain unaffected.
Changes to Terms
We may update these Terms to reflect changes in law, regulatory guidance, or service offerings. Updated Terms will be posted with a revised “Effective Date.” Material changes become effective thirty (30) days after posting; we will also notify active Clients by email or portal banner. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.
Effective Date
These Terms and Conditions are effective as of 20 June 2025 and apply to all access to or use of the Services on or after that date.