Terms of Service

OnLand® Terms of Use

Welcome to www.onland.ca (the “Site”).

Accessing or using the services, including without limitation, Land Registry Search (which includes real property online historical books, title, instruments and document searching for Ontario) and Writs Search (which includes online writs searching for Ontario) (the “Services”) made available by way this website (the “Site”) constitutes your agreement to abide by these Terms of Use.

  1. Accounts.  You may but are not obligated to establish an account in relation to use of the Site by providing the details necessary in the set up process. You are responsible for the security of your account, if applicable and assume financial responsibility for all purchases made through this Site or under your account. You are solely responsible for ensuring that any laws, regulations or other requirements with respect to the handling of trust funds are complied with.  Accounts are subject to cancellation without notice at the discretion of Teranet Inc. (“Teranet”, “us”, “we”) in accordance with rights and obligations of Teranet as a service provider to the Province of Ontario.  You can terminate your account at any time by deleting your account If you establish an account with us, you will be required to set up a user name and password (“Credentials”).  You are responsible for keeping your Credentials secure and safeguarded against accidental or unauthorized copying or disclosure and for notifying us immediately upon becoming aware that, or suspecting that, you Credentials have been corrupted, damaged or lost, or that the security of you Credentials have otherwise been compromised. We reserve the right to require the reset of passwords from time to time. You are responsible for all activities that occur under your account.
  2. Grant of Rights. Subject to the other terms and conditions set out in these Terms of Use, Teranet, as a licensee of, and service provider to, Her Majesty in the Right of Ontario (the “Province of Ontario”), grants you a non-exclusive, non-sublicensable, non-transferable, limited, personal right (the “Licence”) to: (a) access the Site, the Services and the land registry and mapping and writs data (“Official Data”), information, other data, materials and documents obtained by way of the Services (collectively the “Content”); (b) use such Content for your own internal use purposes only, which, for clarity includes, without limitation, providing Services to your client, if applicable, subject to the Restrictions on Use below; and (c) to permit your employees (if applicable) may use the Content and the data therein, in support of services to you.
  3. Restrictions on Use. Except as expressly permitted in these Terms of use, you shall not, nor assist any third party to:
    1. divulge to any other person or entity, share with any other person or entity, nor permit any other person or entity to use, your account or Services access credentials, including without limitation, a user ID or password;
    2. use any other user’s account or Services Credentials;
    3. abuse, misuse, misapply or mishandle your Credentials;
    4. sub-license your access to the Site, Services or the Contents;
    5. add to, delete from, update, modify, tamper with, alter, reverse engineer, translate, decompile, disassemble or attempt to do any of the foregoing in any way, the Site, the Services, any databases which support the Services, including the POLARIS® database, the Teraview databases and the core services portal database (the “ELRS Databases”) and the writs database (collectively the “Databases”) or the Content, except as expressly permitted in these Terms of Use;
    6. infringe any copyright, patent, trade-mark or trade secret of Teranet or its licensors or suppliers;
    7. use the Site, the Services or the Content in a service bureau, bulk sales, computer service or timesharing business;
    8. use the Site, the Services, the Databases or the Content to create a database in electronic or other format or for the purposes of data aggregation or dissemination (otherwise than for your own legitimate internal archival use), whether through electronic “scraping” methods or otherwise;
    9. resell or otherwise commercially exploit the Site, the Services, the Databases or any Content or any data components therein;
    10. copy, extract, reproduce, republish, upload, post, transmit, frame or distribute the Content in any way or by any means whatsoever, except that a copy of such materials may be printed and saved for personal, non-commercial use only, along with a copy for backup and archival purposes, provided all copyright and other proprietary notices are maintained; nor
    11. use an account, Credentials, the Site, the Services, the Databases or the Content in connection with the commission of any criminal act or any act otherwise contrary to law or regulation.
  4. Unauthorized Merging. You shall not merge or attempt to merge the Site, the Services, the Databases or the Content with any other system.
  5. Access. Content will be made available on a record-by-record basis only for the prescribed fees established by Teranet, as approved by the Province of Ontario, as applicable, from time to time, plus applicable taxes, as they may be amended or revised from time to time.
  6. Payments.  If paying by credit card or bank account, you will be asked to provide credit card or bank account information when you order Services or Content that generate a fee. You may opt to have bank account or credit card information stored in your account for subsequent purchases as a facility to alleviate the need to re-enter this information. You authorize us or our affiliates or our third party payment processor to debit your bank account or credit card for all fees, taxes and charges associated with all Services and Content orders for which fees are applicable under your account. If an Account Holder elects to use the bank account payment option, you will be redirected to the Interac Online gateway page, which will prompt you to select your financial institution.  You will be required to login to your online banking account, select the account you want to pay from and the amount you want to transfer.  Upon confirmation of payment through your financial institution’s online banking services, you will be returned to the Site.  Regardless, you retain the obligation and responsibility to ensure that any such stored information remains current and correct as of the time of each purchase. You may change credit card or bank account details at any time by updating those details online.  If the credit card or bank about details provided are held in the name of a person other than you, you warrant and represent you have the right to authorize us to charge such credit card or bank account for your purposes and will produce evidence of the authority upon request.  We may cancel your use of the credit card or bank account payment option at any time.   In the event your account is overdrawn for any reason, upon notice from us, you will immediately bring your account into good standing. We reserve the right to reject any service requests filed while there are insufficient funds available by way of your account. You authorize us to charge the provided credit card or bank account for all applicable fees and not sufficient funds (“NSF”) charges that fall due under this Agreement.  You waive any requirement of pre-notification of the amount and timing of NSF charges.  You have certain recourse rights if a credit card or bank account charge does not comply with the Agreement. For example, you have the right to receive reimbursement for any charge that is not authorized or is not consistent with this Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.payments.ca.
  7. Statutory Fees. Statutory fees shall be collected from you by Teranet, and Teranet shall remit the required payments to the Province of Ontario.  You acknowledge that Teranet is acting as an agent of the Province of Ontario and that the Province of Ontario shall have recourse for any unpaid statutory fees.
  8. Refunds. Before submitting any request for a Service or Content, you should verify that you have entered the information in the request correctly.  We cannot refund the cost of a product or service if you have inputted the request incorrectly.  Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS. If any attempted use of the Services fails through a fault of the Site, the Services, the Databases or Teranet’s facilities, the Teranet Group’s sole liability, at your written request, shall be to rebate to you the charges imposed by us for the failed use of submission or order. This Section shall apply whether or not the liability results from negligence, a breach of a fundamental term or condition, or a fundamental breach of these Terms of Use.
  9. Confidential and Proprietary Information. The Site, the Services, the Databases and Content contain confidential, proprietary and trade secret information. You acknowledge that a great deal of effort, analysis and selection has gone into creating the Site, the Services, the Databases and the Content and the various components thereof. Unauthorized access to, or use, reproduction and/or distribution of, the Site, the Services, the Databases, the Content or any portion of them will be prosecuted to the maximum extent of the law and may result in serious civil and criminal penalties.  When access to the Site, the Services, the Database and the Content is in your control, you shall use reasonable care in their access, use and storage.
  10. Title. The Site, the Services, the Databases, the Content and their associated systems and documentation are proprietary and are protected by copyright and other intellectual property laws. All title and property right in and to the Site, the Services, the Databases and the Content and their associated systems and documentation shall at all times remain with Teranet and its licensors (including, without limitation, the Province of Ontario) and suppliers.
  11. Marks. OnLand®, Teranet, the Teranet arcs design and the POLARIS® logo are trade-marks of Teranet or its affiliates. All other trade-marks or official marks are the property of their respective owners. These Terms of Use do not include the right to use the business name, logo and related trade-marks or official marks of Teranet or any of its affiliates, licensors or suppliers. All rights reserved.
  12. Term. These Terms of Use shall remain in full force and effect until amended or terminated as set out in these Terms of Use.
  13. Suspension. We may immediately suspend your access to your account, the Site, all or some of the Services and all or some of the Content (as applicable) if we believe, acting reasonably, that your account or Services access credentials have been compromised. For clarity, a suspension hereunder does not constitute termination of these Terms of Use and you will continue to be bound by these Terms of Use during the period of such suspension. In lieu of termination, we may also suspend your account. You may not access the Services through the use of another account or user’s details.
  14. Termination. You may terminate your account and these Terms of Use at any time by deleting your account or ceasing to use the Site and the Services where you do not have an account.  We may terminate these Terms of Use and any or all your access to your account, the Site, the Services and the Content effective immediately on written notice to you in the event that: (a) we cease to have the right to provide the Site, the Services or the Content as a service provider to the Province of Ontario for any reason; (b) for your failure to comply with any of the terms and conditions of these Terms of Use, including, without limitation, failure to pay any outstanding amounts; (c) you become bankrupt or insolvent, make an assignment for the benefit of its creditors, or where a receiver is appointed under any instrument or over any assets of, or, where applicable, an order is made or resolution passed for your winding up; (d) you die or become incompetent; (e) in the event that any law or governmental regulation restricts or precludes the collection, use and/or licensing of personal information including data provided by the Province of Ontario; or (f) we believe, acting reasonably, that your account or Credentials have been compromised.
  15. Post-Termination. Termination of these Terms of Use will not affect your right to continue to use previously provided Content in accordance with these Terms of Use. Upon termination of these Terms of Use, you shall immediately cease use of the Services. You acknowledge that upon termination of these Terms of Use, we may terminate any Credentials previously provided to or set up by you that permit you to use the Services or access your account.
  16. Survival. Any provision of these Terms of Use intended to survive the termination of these Terms of Use, including but not limited to Sections 3, 4, 7 through 12 inclusive, 16 through 29 inclusive, 32, 33, 36, 38, 39 and 40, shall survive the termination of these Terms of Use and you agree to remain bound by those provisions.
  17. Title Search Warranty.  Notwithstanding anything contained in these Terms of Use to the contrary, Teranet hereby warrants and represents that the Land Registry Search Services, when used for title searches: (a) shall be fit for the purposes specifically described in the Land Registry Search Services documentation published from time to time, provided however that Teranet shall have no liability hereunder if access to the ELRS Databases is, through no fault of Teranet, interrupted or discontinued; and (b) shall accurately reproduce the information contained in ELRS Databases, and the parties agree that Teranet’s liability for the breach of this express warranty shall be limited to the compensation that you would otherwise be entitled to receive from the Land Titles Assurance Fund under Section 57 of the Land Titles Act R.S.O. 1990, c. L.5, as amended, and under Section 116 of The Registry Act R.S.O. 1990, c. R.20, as amended (the “Assurance Fund”), had the information so received and relied upon by you been received directly from the ELRS Databases rather than through or from the Land Registry Search Services.  You acknowledge that this clause is included for the benefit of and can be relied on by the Province of Ontario.
  18. No Warranty by the Province of Ontario.  Nothing in these Terms of Use is intended to negate any right or remedy that you may have against the Assurance Fund.  You acknowledge that the Province of Ontario makes no warranties, express or implied, with respect to the Site, the Services, Databases or any Content supplied by or through the Site or Services.  The Province of Ontario shall not have any liability to you or any other person or entity for any direct, indirect or incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit or savings, lost or damaged data, or other commercial or economic loss, even if the Province of Ontario has been advised of the possibility of such damages; or for claims by a third party.  This Section shall apply whether or not the liability results from a breach of a fundamental term or condition or a fundamental breach.  You acknowledge that Teranet accesses records filed with the Province of Ontario and this clause is included for the benefit of and can be relied on by the Province of Ontario.
  19. DISCLAIMER. UNLESS EXPRESSLY OTHERWISE PROVIDED IN SECTIONS 18 AND 19, THE SITE, THE SERVICES, THE DATABASES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERANET GROUP, DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ALL CONTENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW OR BY STATUTE, OR BY USAGE OF TRADE OR COURSE OF DEALING.  THE TERANET GROUP DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES OR THE DATABASES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER OR THE DATABASES THAT MAKES THE SITE, THE SERVICES AND CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  The Site is controlled and operated at offices in Toronto, Ontario, Canada. Certain Content may be hosted on computers in other jurisdictions. Teranet makes no representation that Content on the Site is appropriate or available for use in other jurisdictions.  If you choose to access this Site, the Services, the Databases or Content from other jurisdictions, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
  20. Indemnity.  You are to indemnify and hold the Teranet Group harmless for any costs, damages, losses or expenses that the Teranet Group, or any of them, may incur, suffer or become liable for as a result of, or in connection with, any claim asserted by a third party against the Teranet, or any of them, in connection with any unauthorized, improper or illegal use of the Site, the Services, the Databases or the Content by you or committed under your account, or due to your breach of these Terms of Use.
  21. Intellectual Property Indemnity. Teranet shall defend you any claims brought by third parties alleging that the Site, Services or Content, but specifically excluding any Content consisting of Official Data (the “Materials”), as used in accordance with these Terms of Use, , infringes third party’s Canadian patent, copyright or trade secret and shall hold you harmless from and against damages and costs finally awarded or entered into in settlement to the extent based upon such a claim This indemnification is conditional upon: (a) Teranet being given prompt written notice of such claim; (b)  Teranet being permitted to defend or settle any such claim if it so desires; and (c) where requested by Teranet, all reasonable assistance being provided by you to Teranet in defending or settling such claim.  At Teranet’s option, in the likelihood of, or upon an actual infringement action or injunction hereunder, Teranet may: (i) procure for you the right to continue using the affected Materials; (ii) replace or modify the affected Materials with a non-infringing version; or (iii) discontinue the affected Materials.  The foregoing indemnification shall not apply to a claim to the extent that the claim arises from: (i) modification of the Materials by someone other than Teranet; (ii) use of the Materials in a manner inconsistent with its applicable documentation or these Terms of Use; or (iii) use of the Materials in combination with any other product or service not provided by Teranet. This indemnity is subject to Section 20 and the limitations of liability contained in Section 22. The provisions of this Section state the sole and exclusive liability of Teranet and its suppliers, and your sole and exclusive remedy with respect to any claim described in this Section.
  22. Limitation of Liability.  Under no circumstances, including, but not limited to, negligence, shall Teranet, its affiliates, suppliers, licensors, agents, employees, consultants, advisors or representatives (collectively, the “Teranet Group”) be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use the Site, the Services, the Databases or the Content even if the Teranet Group has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Teranet Group’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the lesser of ten thousand dollars ($10,000) or the charges actually paid to Teranet by you under these Terms of use in respect of the use of the Site, the Services and the Content during the twelve (12) months immediately preceding the date of the claim, excluding third party charges for the use of the Site, the Services, the Databases and the Content (including without limitation any statutory fees). The limitations of liability set forth in this Section shall apply whether or not the liability results from negligence, a breach of a fundamental term or condition or a fundamental breach of these Terms of Use and even if Teranet, the Teranet Group or any of them have been advised of the possibility of such damages. Teranet is not liable for any liability under these Terms of Use for which you recover or are compensated for under general law or any other agreement.
  23. Remedies.  The remedies provided for in these Terms of Use are the sole and exclusive remedies available to you.
  24. Feedback. You may send use suggestions, ideas, or other information (collectively, “Feedback”) regarding accounts, the Site, the Services, the Databases or the Content. Once submitted, Feedback becomes our property and we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you. By providing Feedback, you assign all copyright in and to the Feedback and waive all moral rights in the Feedback in favour of us.
  25. Links.  There may be links on the Site which will enable you to leave the Site and connect directly to linked sites. Teranet is providing these links only as a convenience. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by Teranet of any such site or entity, or its respective information, publications, products or services.  Teranet shall not be responsible for the contents of any site linked to a Teranet site or for any link contained in a linked site. When linking to a third party site, you are leaving the privacy coverage of this Site and are subject to the privacy coverage of the third party site. Teranet cannot and does not guarantee that the third party web site privacy statement is the same or contains the same privacy statement of Teranet.
  26. Files.   Where you submit any documents, files, data or other information by way of the Site or Services (collectively, the “Files”) you are solely responsible for the verification of the contents, accuracy and quality of any submitted the Files and its fitness for your intended purpose. You acknowledge that Teranet acts only as a passive conduit for the online transmission of such Files and shall have no liability to you or any third party with respect to any damages resulting from a failed or inaccurately filed File. You represent and warrant that your Files: (a) do not and will not infringe any copyright, patent, trade-mark, trade secret or other proprietary rights or rights of publicity or privacy; (b) do not, and will not, violate any law, statute, ordinance or regulation; (c) are not, and will not be, defamatory, trade libelous, obscene or pornographic; and (d) do not, and will not, contain any viruses or other harmful or deleterious programming routines.
  27. Privacy Policy. You acknowledge and agree the Site, the Services or the Databases may collect and send statistical and other information about your use of and the occurrence of certain events within the Site, the Services or the Databases (“Event Information”) as well as certain personal information.  Use of the Site, the Services, the Databases and the Content is subject to Teranet’s Privacy Policy, accessible at http://www.teranet.ca/personal-information-policy/, as amended from time to time without notice, which is incorporated herein by reference.  You acknowledge and agree, in addition to any other uses set out in the Privacy Policy, that Teranet may use Event Information and personal information for the following purposes: to provide you with access to the Site, the Services, the Databases and the Content; for ensuring proper functioning, operation and support of the Site, the Services, the Databases and the Content; billing; accounting; audit and archiving purposes; administrative purposes; to measure and understand the behaviour and preferences of its customers’ to influence feature and functionality development; to troubleshoot technical problems; to enforce this agreement; to meet contractual reporting and audit obligations to government, regulators and suppliers whose products form part of or are otherwise related to the Site, the Services, the Databases and the Content; in an aggregated form for research and statistical and market analysis purposes; for disclosure to and use by its affiliated entities, suppliers, partners and subcontractors that carry out certain functions for or provide certain services to Teranet; and for disclosure to any law enforcement authority, regulator or self-regulating association, including without limitation a law society or land surveyor regulator, having jurisdiction in connection with any investigation by any of them relating to your use of the Site, the Services and the Content.  You agree that you will not interfere or attempt to interfere with the collection and transmission of Event information or personal information. In order to operate effectively, Teranet’s collection, storage and use of information may involve transfers of personal information and Event Information from Canada to another country and you consent to such transfer. Without limiting the generality of the Privacy Policy or the foregoing, by using the Site, the Services, the Databases or the Content, you expressly consent to the disclosure by Teranet of any of your personal information that may be included within or with respect to your access to or use of the Site, the Services, the Databases and the Content to the Province of Ontario, its ministries or agencies, for the purposes of Ministry or agency use, and to the disclosure of such personal information to the Province of Ontario, its ministries or agencies and to any law enforcement authority or regulator having jurisdiction, in connection with any investigation by any of them relating to you or your use of the Site, the Services and the Content.  You recognize and agree that: (i) since the Internet is not a secure medium, privacy cannot be guaranteed; and (ii) the nature of Internet communications means that communications are susceptible to data corruption, unauthorized access, interception and delays.
  28. Security Policy. Use of the Site, the Services, the Databases and the Content is also subject to the terms of Teranet’s Security Statement, accessible at http://www.teranet.ca/legal-notice-security-statement as amended from time to time without notice, which is incorporated herein by reference. You recognize and agree that although our security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed.  As a result, the Teranet Group shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site, the Services, the Databases and Content.
  29. Security Violations. You agree not to not attempt to violate the security of the Site, the Services, the Databases or the Content, including without limitation, (i) attempting to log into an account or server which you are not authorized to access; or (ii) attempting to interfere with the Site, the Services, the Databases or the Content through means of a virus or flooding or otherwise overloading the Site’s or the Services’ servers, or by any other similar or dissimilar means.
  30. Equipment. You are responsible for the provision of a computer and any other equipment necessary for accessing the Site, the Services, the Databases and the Content which meets the configuration and specifications established by Teranet from time to time. The use of such equipment shall be at your sole expense and risk. You shall bear the cost of the communications lines to the remote access point maintained by us and any applicable telecommunication and connection charges.
  31. Audit.  Teranet, or its authorized representatives, acting reasonably, may upon written request to you examine and inspect during normal business hours, your materials and records relating to the Site, the Services, the Databases, the Content and these Terms of Use.  Subject to Section 27 hereof, Teranet shall keep confidential, and not disclose, information concerning your business and affairs.
  32. Notice.  Any notice under these Terms of Use may be delivered by hand, by mail, by courier, by facsimile, by electronic mail or, in the case of a notice from Teranet, by announcement displayed via the Site, the Services or any other Teranet web site.  Except as provided for otherwise in these Terms of Use, a notice shall be deemed to have been received on the fifth (5th) business day after mailing if sent by regular mail, on the date of delivery if sent by courier, or on the first (1st) business day after the date of transmission if sent by facsimile, electronic mail or by announcement on the Site, the Services or on any other Teranet web site.
  33. Assignment.  These Terms of Use, or any of the rights and obligations herein, may be assigned, in whole or in part, by Teranet without consent.  These Terms of Use, or any of the rights and obligations herein, may be assigned by you only with the prior written consent of Teranet.  Any attempt by you to assign any rights or obligations under this Agreement shall be void in the absence of such prior written consent.
  34. Jurisdiction. You acknowledge and agree that the Site, the Services, the Databases and the Content may be supplied by third parties resident and operating outside the Province of Ontario and/or may be hosted on computers located outside of the Province of Ontario.  Notwithstanding the foregoing, you agree and acknowledge that your use of this Site, the Services and Content shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada.  You further agree and acknowledge that these Terms of Use, and any disputes in connection with these Terms of Use or your use of the Site, the Services, the Databases or the Content, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein.  You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto, except in respect of injunctive relief, which a party is free to seek and receive in any jurisdiction it deems appropriate.
  35. Severability. If any provision of these Terms of Use shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
  36. Amendments.  Certain materials and features may be added or withdrawn from the Site, the Services or the Content. The Site, the Services, the Databases and Content may be changed by us at any time.  We may, from time to time, alter or otherwise update these Terms of Use at any time by electronic notice or posting any amendments on the Site or within the Services.  Your continued use of the Site, the Services, the Databases or the Content shall constitute your acceptance of any revisions to the Terms of Use.  You should periodically check the Site and Services to be aware of any amendments.
  37. Entire Agreement.  These Terms of Use, together with all applicable payment processor terms of use and any other ancillary agreements referenced in this Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, the Services, the Databases and the Content and these terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by you to Teranet.
  38. Third Party Licensors. You agree that any third party licensor or owner of any portion of the Site, the Services, the Databases and the Content, including without limitation the Province of Ontario, may enforce its rights against you as an intended third party beneficiary of these Terms of Use, even though such entity is not a party to these Terms of Use.
  39. Headings.  The headings in these Terms of User are only for convenience of reference and shall not affect the construction or interpretation of these Terms of Use.
  40. Language.  In the event of any conflict or inconsistency between the English version and the French version of these Terms of Use, the English version of these Terms of Use will govern.

Version 1.0 – December 2017