Terms of Use

CANADIAN APPLICATION CENTRE

TERMS OF SERVICE

Last Updated: May1. 2020

These Terms of Service (the “Terms of Service”) set out the terms and conditions under which you may register, and govern your access to any content, functionality, and services at our website at www.canadianapplicationcentre.ca (the “Website”), and generally, including use of our immigration services on the Website (collectively “Services”). These Terms of Service, together with the Privacy Policy form a legally binding agreement between you and us for the Services. “We” “us” or “our” is defined as 777903915SK0001 Saskatchewan Ltd., doing business as Online Form Automation Systems (“OFAS”), and its affiliates, officers, agents, partners, and employees. Where applicable, “you” or “your” is defined as an individual user of the Services. Your use of the Services means that you accept and agree to abide by all provisions of this Terms of Service policy.

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.

We may change these Terms of Service or the Privacy Policy from time to time, without prior notice. All changes will take effect within 30 days of being posted on our homepage or otherwise notified to users. Your continued use of the Services will signify your acceptance of such changes.

The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice.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. Restrictions and Requirements for Using the Services

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.

  1. Your Use of the Website and Account Set-up 

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.

2.2 Registered Users. To gain access to and use the Services, you are required to register for an account that is accessed by a username and password (“Account”). In registering your Account, you agree: (i) that the information you provide to us in connection with your registration will be current, complete and accurate; (ii) not to transfer, sell, convey or assign the right to use your Account to any third party without the prior written consent of us; and (iii) not to permit any third party to use your username and password to access your Account or the Services. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Services related to the use of your username and/or password.

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).

  1. Restrictions

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.

  1. Termination

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.

  1. Fees and Refunds

5.1 Fees. In consideration of the right to use and access the Services, you agree to pay the applicable fees specified during enrolment and registration of your Account (the “Fees”). Fees are billed in advance and are non-refundable except as set out herein. A valid credit card or PayPal account is required for paying the Fees. You will be billed as provided in the enrollment and registration of your Account. All Fees are exclusive of all sales, excise or use taxes, or any levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you make a payment to us on or through our Website, all information obtained during your transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.

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.

  1. Privacy

6.1 Privacy. Use of any Personal Information, as that term is defined in the Privacy Policy, collected through your use of the Website or the Services is also governed by our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference as though fully set forth herein. To visit our Privacy Policy please click here.

  1. Availability of Services.

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.

  1. Linking to our Website.

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.

  1. Reliance on Information.

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.

  1. Intellectual Property Rights

10.1 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 and Conditions, 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 and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

  1. Disclaimers and Limitations of Liability

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.

  1. General.

12.1 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 info@ofas.ai. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@ofas.ai.

12.2 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.

12.3 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 and Conditions 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 and Conditions.

12.4 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.

12.5 Compliance with Laws. Each party will comply with all applicable laws, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction in connection with its activities under these Terms of Service.

12.6 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.

12.7 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.

12.8 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.