OFAS – ONLINE FORM AUTOMATION SYSTEMS INC. O/A IMMIGRATE
TERMS OF SERVICE
Last Updated: May 19, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. BY USING THE SERVICES AND REGISTERING AN ACCOUNT, YOU AGREE THAT YOU ARE HIRING US AS PROVIDED THROUGH THE WEBSITE PORTAL ACCOUNT LOGIN.
The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
1.1 Minors. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2.1 Use of Website. Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
2.3 Grant of Rights. Upon registration and subject to the payment of any applicable fees, we grant you the limited, revocable, non-transferable, non-exclusive right to access and use the Services (including any downloaded applications and any content to which you subscribe).
2.4 Conditions of Use. As a condition of your access and use you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Service.
2.5 User Submissions. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all Applicable Laws. None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Service. You represent and warrant that all User Submissions comply with Applicable Laws and these Terms of Service. You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
3.1 Certain Restrictions. The rights granted to you under these Terms of Service are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services;
(b) you shall not use framing techniques to enclose any of our trademarks, logos, or other intellectual property;
(c) you shall not use any meta tags or other “hidden text” using our name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the intellectual property except to the extent the foregoing restrictions are expressly prohibited by Applicable Law;
(e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services;
(f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
(g) you shall not attempt to circumvent the security of the Website by accessing content and data that is not intended for you;
(h) you shall not restrict disrupt or disable service to users, hosts, servers or networks;
(i) you shall not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(j) you shall not remove, obscure, or alter any notice of copyright, trademark, trade secret, or other proprietary right related to our Services; and
(k) you shall not otherwise attempt to interfere with the proper working of the Website.
3.2 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computer and/or mobile device that is suitable to connect.
3.3 Fees. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
4.1 Suspension or Termination. We may, at our sole discretion, suspend or terminate your access to all or part of the Services with or without notice and for any reason. Upon suspension or termination, your right to use the Services will immediately cease, and we reserve the right to block access to and return to you any information that you may have on file with us, including any Account information.
4.2 Effect of Termination. In the event of any termination or expiration, all licenses and rights we granted to you under these Terms of Service shall immediately terminate and the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
5.2 Refunds. You are responsible for all required payments until the time of the completion of payment for Services for which you enrolled. No refunds will be provided under any circumstances due to the valuable information passed to the user. This information is privileged and made available when signing up for your Account. It is understood that all information will be passed to you freely about how to achieve the stated and desired result in order to provide transparency throughout the process and if circumstances change, how the end result will be achieved in an alternate method.
7.1 Availability. Our goal is to ensure that the Services are available 24 hours a day, but we will not be liable if for any reason if all or any of the Services are unavailable for any period of time.
7.2 Suspension. In the case of system failure, maintenance or repair or for reasons beyond our control, access to the Services may be suspended temporarily and without notice.
7.3 Geographic Restrictions. The owner of the Website is based in the Province of Saskatchewan Canada. We provide this Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
8.1 Linking to our Website. You may link to our Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 No Framing. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. The website from which you are linking must not display or link to any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
9.1 Reliance on Information. We do not represent or warrant that information posted on our Website or the Services is complete, accurate or up to date including any content provided by third party authors with no review or contribution by us. We are not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any visitor to our Website or by any user of the Services. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.
10.1 Applicable Laws. You will comply with all Applicable Laws which are applicable to you, your businesses, or your use of the Services, including all Applicable Laws relating to the administration of immigration services or relating to the use of electronic signatures (collectively, the “User Regulatory Requirements”). YOU ACKNOWLEDGE THAT OFAS IS NOT PROVIDING ANY LEGAL ADVICE ON USER REGULATORY REQUIREMENTS. Without limiting the generality of the above, Customer acknowledges that the Services include functionality relating to the administration of immigration services and that your use of the Services may be subject to Applicable Laws relating to the administration of immigration services. Without limiting the generality of the above, you acknowledge that the Services include functionality relating to the use of electronic signatures and that your use of the electronic signature functionality may be subject to restrictions or limitations under Applicable Laws (for example, electronic signatures may not be permitted for certain types of documents or may be subject to additional restrictions or requirements). For the avoidance of doubt, OFAS is not responsible for, and user is solely responsible for, compliance with User Regulatory Requirements and making an independent determination as to whether the Services satisfy User Regulatory Requirements. Notwithstanding any other provision of the Agreement, you will not hold OFAS responsible for any losses or claims arising from or relating to any failure to comply with User Regulatory Requirements.
11.1 Our Intellectual Property. You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. We are the owner or a licensee of all intellectual property rights in the technology used to provide the Services. Nothing in these Terms of Service gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our intellectual property, in whole or in part, except as is expressly permitted herein. If you print off, copy or download any part of our site in breach of these Terms of Service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other intellectual property laws.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION: (I) NEGATIVE OUTCOMES WHERE YOU WERE FOREWARNED OF THE POSSIBLE RISKS; (II) UNEXPECTED CHANGES IN GOVERNMENT IMMIGRATION LAW; (III) YOUR FAILURE TO MEET THE CONDITIONS OF YOUR VISA WHICH IS UNDER YOUR CONTROL. WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE HEREIN CONTAINED, IN NO EVENT WILL OFAS BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, CLAIMS OR OTHER LIABILITIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES PAID BY YOU FOR THE RIGHT TO ACCESS AND USE THE SERVICES. OFAS HAS NO RESPONSIBILITY WITH EMPLOYMENT CONDITIONS, CONTRACTS, HIRING, FIRING, QUITTING OR ANY OTHER ASPECT OF THE JOB THAT IS ACCEPTED BY YOU. IT IS YOUR RESPONSIBILITY TO RESEARCH THE EMPLOYER, CONTACT THE EMPLOYER AND UNDERSTAND THE JOB AS WELL AS THE CITY THAT YOU WILL BE RELOCATING TO.
UNDER NO CIRCUMSTANCE WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
13.1 Reporting and Contact. This Website is operated by OFAS, 109-116 Research Drive, Innovation Place, Saskatoon, SK S7N3R3. Should you become aware of misuse of the Website you must report it to us at firstname.lastname@example.org. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.
13.2 Assignment. You may not transfer, assign, or charge any of your rights or obligations arising under these Terms of Service, without our prior written consent.
13.3 Indemnification. To the maximum extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service.
13.4 Severability. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.5 Compliance with Laws. Each party will comply with all applicable Canadian or foreign federal, provincial, state, municipal, or local government laws, statutes, rules, by-laws, regulations, orders and other requirements of governmental authorities, as amended from time to time (“Applicable Laws”) having jurisdiction in connection with its activities under these Terms of Service.
13.6 Waiver. No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13.7 Entire Agreement. These Terms of Service and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.8 Governing Law. These Terms of Service are to be construed under the laws of the Province of Saskatchewan, Canada. In the event of a dispute arising out of or in connection with the Terms of Service between you and us, then you agree to attempt to settle the dispute by engaging in good faith negotiations with us in a process of mediation before commencing arbitration or litigation.