TERMS AND CONDITIONS
If any limitation under any applicable law limits or prevents your ability to be bound by the Terms and Conditions of Use or any part thereof, you may not visit or use the Canadian Visa Professional Websites or Offered Products. When you visit or use the Canadian Visa Professionals Websites or Offered Products you explicitly state that you are in full compliance of any applicable law, including without limitation, any applicable law regarding limitation applied on your ability to enter into agreements or using or visiting the Canadian Visa Professionals Websites or Offered Products because of your age or any other limitation that applies.
BY VISITING OR USING ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS, YOU HEREBY ACKNOWLEDGE THAT THE CANADIAN VISA PROFESSIONALS BRAND AND WEBSITE, INCLUDING THE OFFERED PRODUCTS, ARE OWNED BY THE COMPANY, A PRIVATE MARKETING CORPORATION, AND IS NOT AND DOES NOT PRETEND TO BE, AN OFFICIAL ORGAN OF THE CANADIAN GOVERNMENT OR OTHERWISE CONNECTED TO THE CANADIAN GOVERNMENT IN ANY WAY WHATSOEVER. CANADIAN VISA PROFESSIONALS IS NOT PART OF THE CANADIAN GOVERNMENT OR IMMIGRATION AUTHORITIES, OR A LAW FIRM. IN THIS REGARD, CANADIAN VISA PROFESSIONALS NEITHER CLAIMS NOR INTENDS TO PROVIDE LEGAL ADVICE OR SOLUTIONS TO A PERSON’S PARTICULAR PROBLEMS.
You should be aware that at any time, and upon the approval of the government or legislative bodies, the Government of Canada has the authority to modify or cancel the different immigration Visa Programs presented in the Canadian Visa Professionals Website. The Company shall not be held responsible in case the Canadian Government (or one of its Agencies) cancels, suspends, prohibits or otherwise prevents (“Prevention Announcement”) the various immigration Visa Programs or the Offered Products, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement.
IT IS HEREBY CLARIFIED THAT YOUR ENGAGEMENT WITH US IS ON A NON-EXECLUSIVE BASIS AND YOU MAY TERMINATE YOUR ENGAGEMENT AT ANY TIME, SUBJECT TO THE FULLFILMENT OF THE APPLICABLE TERMS OF THIS AGREEMENT. YOU MAY DECIDE AT ANY TIME NOT TO ENGAGE WITH THE AUTHORIZED REPRESENTATIVE PROVIDED TO YOU BY US ACCORDING TO SECTION 10 OF THIS AGREEMENT AND DECIDE TO ENAGAGE WITH ANY AUTHORIZED REPRESENTATIVE ACCORDING TO YOUR SOLE DISCRETION. IN SUCH CASE YOUR ENGAGEMENT WITH US WILL BE TERMINATED, SUBJECT TO FULFILLMENT OF ALL OF YOUR OBLIGATIONS DETAILED IN THE TERMS AND CONDITIONS.
1. Our Mission, Products and Services:
(A) Our mission is to provide quality assistance during your Canadian immigration and application procedure by (1) giving you a professional assessment of your Canadian visa options (“Assessment”); (2) giving you a list of Authorized Representatives (as specified in Canadian immigration law) for you to engage with for the purpose of obtaining their professional services related to the Canadian visa application process, such as gathering and checking of documents, filling out forms correctly, proper submission of applications, answering questions about the Canadian immigration process, etc.; and (3) additional products and services that are not directly related to the Canadian immigration procedure or your application, but which may be beneficial, such as software for learning or improving English or French language skills (the two official languages in Canada), academic courses, etc.
(B) It is important to clarify that the Company is a marketing firm and as such is the owner of the CanadianVP.com Website and is responsible for the Website’s performance. Please note that the Company is not an Authorized Representative and has no involvement whatsoever in granting visas for immigration to Canada. For you to be granted a Canadian immigration visa, you will need to personally engage with an Authorized Representative or you may choose to apply by yourself.
(C) The Offered Products, Services and/or Software may only be used for its intended purpose, and may not be used to prepare immigration forms, letters on a professional basis, or supporting documents.
(D) You hereby declare that you understand that choosing our Offered Products or using our services does not guarantee expedited or preferred handling of your application.
2. Authorized Representatives:
(A) You acknowledge that the Company, at its sole discretion, may give limited access to its Websites and/or the Company’s servers, to third party Canadian immigration practitioners who are Authorized Representatives under Canada’s immigration law for the purpose of providing professional Canadian immigration services for a fee. Please note that the granting of such access to the Canadian Visa Professionals Websites and/or servers does not establish a consultant-client relationship or an attorney-client relationship between the user and the Authorized Representatives.
(B) The user acknowledges and consents to access by the Authorized Representatives and individuals appointed by them, to personal information and documents uploaded by the user to the Canadian Visa Professionals Websites and/or the Company’s servers. The Authorized Representatives, under agreement with the Company, may evaluate the qualifications of the user for a Canadian immigration visa. Such Assessments are performed on the server-end and are done on an as-is basis. These preliminary eligibility assessments do not constitute personal immigration advice and do not guarantee the issuance of an immigration visa or other document to the user.
(C) Qualified users/clients who are seeking services which fall within the scope of Section A91 of the Immigration and Refugees Protection Act of Canada will be required to sign a personal client retainer agreement with an authorized representative.
4. Limited License
(A) The Company grants you with a limited revocable, and nonexclusive license to access and make personal use of the Websites and Offered Products.
(B) You may not:
(1) download (other than page caching) or modify it, or any portion of it;
(2) resale or commercially use the Websites or Offered Products or its contents;
(3) make any derivative use of the Websites or Offered Products or its contents;
(4) make any use of data mining, robots, or similar data gathering and extraction tools.
(C) Any of the Websites or Offered Products or any portion thereof may not:
(1) be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose;
(2) be framed or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Websites or Offered Products or any part thereof;
(3) use the Company’s logo or other proprietary graphic or trademark (including Canadian Visa Professionals’ name), without the Company’s express written permission;
(4) intercept or monitor, damage or modify any communication which is not intended for you;
(5) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of the Canadian Visa Professionals Websites or Offered Products or Software or the communication;
(6) send any unsolicited commercial communication not permitted by applicable law;
(7) expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law or otherwise objectionable;
(8) use the Offered Products and/or the Software and/or the Websites in any way as a money transfer system unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.
5. Proprietary Information
(C) You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of the Website’s or Offered Products or Software or any part thereof.
(E) The information provided on the Canadian Visa Professionals Websites is protected by copyright: © CVP Global Services Limited; All rights reserved.
6. Updates and Other Changes
(A) The Company has the right at any time and for any reason to modify or discontinue any aspect or feature of any of the Canadian Visa Professionals Websites, Offered Products and/or Software, including but not limited to its content, functionality, availability, or its pricing.
(B) Without derogating from the above said, the Company, at its sole discretion, reserves the right to add additional features or functions, or subtract or change such or to provide programming fixes, updates and upgrades, to any of the Canadian Visa Professionals Websites, Offered Products and/or Software. You acknowledge and agree that the Company has no obligation to make available to you any previous or subsequent versions of any of the Websites, Offered Products and/or Software.
7. Posting Content Online
(A) The Offered Products and the Site may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to us, and interact in real-time. In this respect you should be aware that if you voluntarily disclose personal information (e.g. user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
(B) You acknowledge that the Company and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. The Company reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
(C) You will be responsible for, and indemnify and hold harmless the Company against any claim arising from any material that you post or transmit.
8. Payments, Paid Products and Refunds
(B) You hereby declare that the source of funds used by you to use the Offered Products and/or used through the Website is not illegal.
9. Financial Transactions and Fraudulent Payments
(A) If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact our Customer Service Department at: CSR@CanadianVP.com or +1-905-224-0274. In the event a customer tries to unilaterally solve a problem through cancellation of the transaction by the bank or credit card company, we reserve the right to contact the bank and submit a re-presentment letter in order to claim for the funds back. Canadian Visa Professionals may, at its sole discretion, cease to provide the Offered Products, Services and/or Software to certain users or to users paying with certain credit cards.
(B) The Company reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by you in connection with your use of the Offered Products and/or Software.
(C) You hereby acknowledge and agree that the Company has and shall have the right to perform credit checks on all users with third party credit agencies, on the basis of the information provided to us on an application or by you in any other manner.
(D) Your credit statements will appear as “Canadian Visa Professionals”.
(E) In any case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), the Company reserves the right to block a user’s account and reverse any refund made, if any. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.
10. Customer Support
(A) We shall provide you without charge with reasonable support as shall be required according to our sole discretion. The Support shall be available to you by phone or by any means available to us subject to our sole discretion.
(B) You hereby acknowledge and agree that in the case the support provided by us is provided by phone call, the phone call may be executed through a call center which is not obligated to be operated from Canada, therefore, the phone call may be executed from phone numbers which are not a Canadian phone number.
(C) Notwithstanding the above, we do not guarantee to provide you with any support or that the support provided to you by us will resolve the matter for which the support was requested.
11. Restriction, Suspension and Termination
(B) The Company shall not be liable in respect to any damage caused by or arising from or in connection with the restriction, suspension or termination, irregardless of the reason thereof.
12. Visa Approval Is Not Guaranteed
(A) Canadian immigration laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for consulting with your own professional Canadian immigration advisors concerning your specific circumstances. The Company disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
(B) You understand that the Company is not a Canadian authority or authorized representatives of any Canadian authority and the Canadian Visa Programs (as detailed here) is based on a Canadian authority’s evaluation procedure and therefore there is no guarantee a visa will be granted. All applications submitted, as well as applications submitted through the Offered Products and/or Software, receive an equal treatment by the Canadian authorities.
(C) Minimum eligibility requirements have been detailed and listed on the Website. It is up to you to review the requirements and ensure that you qualify within the guidelines.
13. No Warranties
(A) The Canadian Visa Professionals Website and Offered Services are provided ‘as-is’. The Company cannot guarantee that you shall always be able to communicate with us by using any of the Canadian Visa Professionals Websites or Offered Products or Services or Software, nor can the Company guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. We shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Software, Websites and Offered Products or Services, even if such was incurred by or due to the Company.
(B) The Company shall not be responsible or held liable for any disturbances or malfunctions that any of the Canadian Visa Professionals Websites or Offered Products or Software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
(C) The Company may suspend any of the Canadian Visa Professionals Websites or Software or Offered Products or Services, including Paid Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites or Software or Offered Products or Services, all at its sole discretion, without any prior notice. The Company shall not be liable or responsible with respect to or in connection with, such suspension or termination.
(D) The Websites and Offered Products may include a pre-release ‘beta’ version of its Websites and Offered Products which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. You acknowledge and agree that the Company shall not be liable or responsible with respect to any such ‘beta’ version.
14. Disclaimer of Warranties
(A) The warranties stipulated in the Terms and Conditions of Use, constitute the sole warranties of the Company and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of the Canadian Visa Professionals Websites or Offered Products or Software, not expressly granted by the Company are hereby disclaimed.
(B) ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED ‘AS IS’, WITH NO WARRANTIES WHATSOEVER; THE COMPANY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OF SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. THE COMPANY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO THE COMPANY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCESS OR ACCEPTANCE OF A VISA THROUGH ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
(C) The Canadian Visa Professionals Websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.
15. Liability Is Limited
(A) YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISIT OF ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
(B) IN NO EVENT SHALL THE COMPANY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE VISIT OR USE OF ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR INABILITY TO USE SUCH, EVEN IF THE COMPANY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(C) YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF THE CANADIAN VISA PROFESSIONALS WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
16. Indemnification Agreement
(A) You agree to indemnify, defend and hold harmless the Company, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against the Company by any third party due to or arising out of or in connection with your visit or use of any of the Canadian Visa Professionals Websites or Offered Products of Software.
(B) You agree to defend, hold harmless and indemnify the Company from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorneys’ fees, resulting from or arising of any and all third party claims, including without limitation your own.
(C) As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
17. Jurisdiction, Governing Law and Dispute Resolution
(A) You agree that all matters relating to your access to or use of the Site, Offered Products and/or Software, including all disputes, will be governed by the laws of the United Kingdom without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in the District Court in London, United Kingdom, and waive any objection to such jurisdiction or venue.
(B) Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
(C) In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Site, Offered Products and/or Software, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
19. Headings and Breach
(A) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(B) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
20. English Version and Translations
21. Questions or Comments
(A) If you have any questions or comments concerning this Agreement, you are welcome to contact us (1) by sending us an email to: CSR@CanadianVP.com; or (2) writing us at Canadian Visa Professionals, 9225 Leslie Street, Suite 201, Richmond Hill, Ontario L4B 3H6 Canada; or (3) by methods further detailed under the “Contact Us” webpage in the Site.
22. Acknowledgement and Consent
(A) You explicitly acknowledge that you have (1) read the Canadian Visa Professionals Terms and Conditions of Use and (2) you explicitly acknowledge that you understand the rights, obligations, terms and conditions that are detailed in the Canadian Visa Professionals Terms and Conditions of Use.
(B) Whenever you use any of the Canadian Visa Professionals Websites or Offered Products or Services or Software, you explicitly consent to be bound by its Terms and Conditions and grant to the Company the rights that are detailed herein.