TERMS AND CONDITIONS OF USE
[Updated on December 17, 2020]
BY VISITING OR USING ANY OF THE BECOME A CANADIAN WEBSITES OR OFFERED PRODUCTS YOU HEREBY ACKNOWLEDGE THAT THE BECOME A CANADIAN 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. BECOME A CANADIAN IS NOT PART OF THE CANADIAN GOVERNMENT OR IMMIGRATION AUTHORITIES, OR A LAW FIRM. IN THIS RESPECT BECOME A CANADIAN NEITHER INTENDS NOR CLAIMS TO PROVIDE LEGAL ADVICE OR SOLUTIONS TO AN INDIVIDUAL’S SPECIFIC PROBLEMS.
Please note that at any time, and upon the approval of the government or legislation bodies, the Canadian Government has the authority to cancel or modify the various immigration Visa Programs presented in the Become A Canadian Website. The Company shall not be held responsible in case the Government in Canada (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 CHOOSE AT ANY TIME NOT TO ENGAGE WITH THE AUTHORIZED REPRESENTATIVE PROVIDED TO YOU BY US ACCORDING TO SECTION “J” 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.
A. Our Services:
A.1. Our objective is to assist with your immigration to Canada and the application process by (i) providing you with a professional assessment of your visa options (“Assessment”); (ii) providing you with a list of Authorized Representatives (as defined in Canada’s immigration law) for you to engage with in order to receive their services with regards to the visa application process such as documentation collection, filling of forms, etc.; and (iii) additional services that are not directly related to your application or the immigration process, but might be helpful such as English language-learning software, academic courses, etc.
A.2. It is hereby clarified that The Company is a marketing company and as such is the owner of the Website and responsible for the performance of the Website. The Company is not an Authorized Representative or involved in any way in issuing immigration visas. In order to be issued an immigration visa you will be required to individually engage with an Authorized Representative.
A.3. You hereby declare that you understand that using our services or choosing the Offered Products does not guarantee a better or expedited handling.
A.4. The Offered Products and/or Software may be used only for its intended purpose, and may not be used to prepare immigration forms, supporting documents or letters on a professional basis.
C. Access and License:
C.1. The Company grants you with a limited revocable, and nonexclusive license to access and make personal use of the Websites and Offered Products. You may not: (i) download (other than page caching) or modify it, or any portion of it; (ii) resale or commercially use the Websites or Offered Products or its contents; (iii) make any derivative use of the Websites or Offered Products or its contents; (iv) make any use of data mining, robots, or similar data gathering and extraction tools. Any of the Websites or Offered Products or any portion thereof may not (v) be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose; (vi) 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; (vii) use the Company’s logo or other proprietary graphic or trademark (including Become A Canadian’s name), without the Company’s express written permission; (viii) intercept or monitor, damage or modify any communication which is not intended for you; (ix) 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 Become A Canadian Websites or Offered Products or Software or the communication; (x) send any unsolicited commercial communication not permitted by applicable law; (xi) 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; (xii) 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.
D. Proprietary Information:
D.3. 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 Websites or Offered Products or Software or any part thereof.
D.5. The information provided on the Become A Canadian Websites is protected by copyright: © Immigration Solutions, S.L.; All rights reserved.
E. Updates and Modifications:
E.1. The Company has the right at any time and for any reason to modify or discontinue any aspect or feature of any of the Become A Canadian Websites, Offered Products and/or Software, including but not limited to its content, functionality, availability, or it’s pricing.
E.2. 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 Become A Canadian Websites, Offered Products and/or Software. You acknowledge and agree that the Company has no obligation to make available to you any subsequent or previous versions of any of the Websites, Offered Products and/or Software.
F. Content Created by Users:
F.1. 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.
F.2. 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, at 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.
F.3. You will be responsible for, and indemnify and hold harmless the Company against any claim arising from any material that you post or transmit.
G. Fees and Refunds for Paid Products:
G.2. 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.
H. Transactions, Collection and Payment Fraud:
H.1. If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact our customer service department at: firstname.lastname@example.org or +1-289-278-1725. In case of solving the problem unilaterally by the customer through cancellation of 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. Become A Canadian may, at its sole discretion, cease to provide the Offered Products and/or Software to certain users or to users paying with certain credit cards.
H.2. 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.
H.3. 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.
H.4. 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.
H.5. Your credit statements will appear as “Become A Canadian”.
I. Authorized Representatives:
I.1. The user acknowledges that the Company, at its sole discretion, may grant limited access to its Websites and/or the Company’s servers, to third party Canadian immigration practitioners who are authorized representatives under Canadian law for the purpose of supplying Canadian immigration services for a fee. The grant of such access to the Become A Canadian Websites and/or servers does not establish a consultant-client or attorney-client relationship between the user and the authorized representatives.
I.2. 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 Become A Canadian Websites and/or the Company’s servers. The authorized representatives, under agreement with the Company, may assess 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.
I.3. 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.
J. Provision of Support:
J.1. 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.
J.2. 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.
J.3. 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.
K. Visa Approval Is Not Guaranteed:
K.1. 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 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.
K.2. 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.
K.3. 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.
L. No Warranties:
L.1. The Become A Canadian 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 Become A Canadian Websites or Offered Products 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, even if such was incurred by or due to the Company.
L.2. The Company shall not be responsible or held liable for any disturbances or malfunctions that any of the Become A Canadian 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.
L.3. The Company may suspend any of the Become A Canadian Websites or Software or Offered Products, 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, 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.
L.4. 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.
M. Restriction, Suspension and Termination:
M.2. The Company shall not be liable in respect to any damage caused by or arising from or in connection with the termination or suspension or restriction, irregardless of the reason thereof.
N. Warranty Disclaimer:
N.2. ANY OF THE BECOME A CANADIAN 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 BECOME A CANADIAN 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 BECOME A CANADIAN 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 BECOME A CANADIAN WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
N.3. The Become A Canadian 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.
O. Liability Limitations:
O.1. 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 BECOME A CANADIAN WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
O.2. 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 BECOME A CANADIAN 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.
O.3. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF THE BECOME A CANADIAN WEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
P.1. 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 Become A Canadian Websites or Offered Products of Software.
P.2. 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.
P.3. 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.
Q. Governing Law:
Q.1. 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 Spain without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in the District Court in Madrid, Spain, and waive any objection to such jurisdiction or venue. 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. 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.
R. Other Issues:
R.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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.
R.4. If you have any questions or comments concerning this Agreement, you are welcome to contact us (i) by sending us an e-mail to: email@example.com (ii) contact us at Immigration Solutions, S.L., Calle Arte 21, 1º B, 28033, Madrid, Spain; or (iii) by means further detailed under the “Contact Us” webpage in the Site.