CAREFULLY READ THESE TERMS OF USE!
Welcome to the Canadian Visa Professionals website (Canadianvp.com). These Terms and Conditions of Use (otherwise known as “Terms of Use”) apply to your use of and registration with Canadianvp.com (“The Website”), including access to and use of its Offered Services, Products and Software.
PLEASE READ THESE TERMS OF USE BEFORE ACCESSING, BROWSING OR IN ANY OTHER WAY USING THE CANADIANVP.COM WEBSITE OR ITS OFFERED SERVICES AND PRODUCTS. BY USING THE CANADIANVP.COM WEBSITE, OFFERED SERVICES OR PRODUCTS, YOU ACCEPT AND AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ALL OF THE TERMS OF USE EXPRESSLY DISCUSSED BELOW AS WELL AS ALL OF THOSE INCORPORATED BY REFERENCE, WITHOUT QUALIFICATION OR LIMITATION. IF YOU DO NOT UNCONDITIONALLY ACCEPT AND AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE, OR THE CANADIANVP.COM OFFERED SERVICES OR PRODUCTS.
Please note that when you read the Canadianvp.com Terms of Use, you are also responsible to access and read the information included in other webpages and websites made reference to in the Terms of Use, since they constitute part of the Terms of Use and contain additional terms and conditions and other details which apply to you as a user of Canadian Visa Professionals’s Websites or Offered Services and Products. It should be noted that any underlined phrases or words in the Terms of Use are clickable links to these webpages and websites.
Canadian Visa Professionals (Canadianvp.com) reserves the right to add, delete or otherwise change parts of these Terms of Use, at its sole discretion, at any time and without prior notice. You are responsible to periodically check our Terms of Use for any modifications that may have been made. By continuing to use the Canadianvp.com Website, it is assumed you have read, agreed to and accepted any changes to the Terms of Use that have been made.
Before reading the articles (sections) below, please note the following preliminary terms, which constitute an inseparable part of the Terms and Conditions of Use, and which utilize some of the definitions specified in the Definitions section below.
The Terms of Use governs the use of Canadian Visa Professionals’s Websites and Offered Services and Products, whether in connection with Canadian Visa Professionals’s Website, or otherwise, including without limitation, any information or data contained in or provided by Canadian Visa Professionals’s Websites or Offered Services and Products.
As used in the Canadian Visa Professionals Terms and Conditions of Use, the terms you, your or user are synonymous and used interchangeably to make reference to the individual using in any way the Canadianvp.com Website, Offered Services, Products and/or Software.
You acknowledge and agree that by visiting or using any of Canadian Visa Professionals’s Websites or Offered Services and Products, you are entering into a legally binding contract that shall govern any use of Canadian Visa Professionals’s Websites or Offered Services and Products by you or any third party on your behalf. Additionally, you hereby agree to the use of electronic communication in order to enter into contracts, place orders
and to the delivery or acceptance of notices, policies and records of transactions initiated or completed through Canadian Visa Professionals’s Websites or Offered Services and Products. Further, you hereby waive any requirements or rights under any regulations or laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent allowed under applicable mandatory law.
In the event that there is any limitation under any applicable law that limits or prevents your ability to be bound by the Terms of Use or any part thereof, you may not visit or use any of Canadian Visa Professionals’s Websites or Offered Services and Products. By visiting or using any of Canadian Visa Professionals’s Websites or Offered Products, you state explicitly that you are in full compliance with any applicable law, including without limitation, any applicable law concerning limitation applied on your ability to visit or use any of Canadian Visa Professionals’s Websites or Offered Services and Products or to enter into agreements because of your age or due to any other limitation concerning your visit or use of any of Canadian Visa Professionals’s Websites or Offered Services and Products.
Important Note
When you visit or use any of Canadian Visa Professionals’s Websites or Offered Services and Products, you are aware and acknowledge that Canadian Visa Professionals (Canadianvp.com) is a private company and is not and does not pretend to be, an agency of the Canadian Government or otherwise connected in any way whatsoever to the Government of Canada. Canadian Visa Professionals is not part of the Canadian Government or immigration authorities, or a law firm. In this respect, Canadian Visa Professionals does not intend to give nor does it claim to provide legal advice or solutions regarding a person’s particular problems.
Furthermore, you should be aware that the Government of Canada has the authority to modify or cancel the various visa and/or immigration Programs presented in the Website at any time, and upon the approval of Canada’s governmental or legislative bodies. Canadian Visa Professionals and the Website shall not be held responsible in case the Canadian Government (or one of its Agencies) suspends, prohibits, cancels or otherwise prevents (the “Prevention Announcement”) the various visa and/or immigration Programs or the Offered Benefits, Services or Products, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement.
Definitions
The following capitalized definitions are being used, singular as well as plural, in the Terms of Use.
Canadian Visa Professionals, CanadianVisaProfessionals and Canadianvp.com mean Canadian Visa Professionals and/or any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, or licensors. The Canadianvp.com website is owned by CVP Global Services Limited address: Lynton House 7-12, Tavistock Square, London, United Kingdom WC1H 9BQ.
Canadian Visa Professionals’s Websites or Website or Site means any and all contents, elements and the ‘look and feel’ of the Website available under the domain www.Canadianvp.com as well as all related websites owned, operated or controlled by Canadian Visa Professionals.
Canadian Visa Professionals’s Offered Services and Products or Offered Services and Products means the use of any of Canadian Visa Professionals’s Services, Products and Software, if applicable, and related services available via any of Canadian Visa Professionals’s Websites, whether they are defined as Paid Products, as defined herein, or any other products provided by Canadian Visa Professionals.
Canadian Visa Professionals’s Software or Software means Canadian Visa Professionals’s proprietary web-based software.
The terms you, your or user are synonymous and make reference to the individual using in any way the Canadianvp.com Website, Offered Services, Products or Software.
Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
Terms and Conditions of Use or Terms of Use or User Agreement means this document as may be renewed, modified and/or amended from time to time.
License and Access
Canadian Visa Professionals grants you with a limited license to access and make personal use of Canadian Visa Professionals’s Websites and Offered Services and Products and not to download (other than page caching) or modify it, or any portion of it. This license does not include any commercial use or resale of any of Canadian Visa Professionals’s Websites or Offered Services and Products or its contents; any derivative use of any of Canadian Visa Professionals’s Websites or Offered Services and Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Canadian Visa Professionals’s Websites or Offered Services and Products or any portion thereof may not be copied, duplicated, reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any logo, trademark, or other proprietary information (including text, images, page layout, or form) of any of Canadian Visa Professionals’s Websites or Offered Services and Products or any part thereof.
You may not utilize any Meta tags or any other “hidden text” using Canadian Visa Professionals’s name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to Canadian Visa Professionals’s Website so long as the link does not portray Canadian Visa Professionals or any of its Services and Products, including without limitation, Canadian Visa Professionals’s Offered Services or Products or Software or Websites, in a misleading, false, derogatory, or otherwise offensive manner. You may not use any Canadian Visa Professionals logo or other proprietary graphic or trademark, including without limitation, as part of a link, without Canadian Visa Professionals’s express written permission. You shall not attempt to access any other of Canadian Visa Professionals’s systems, programs or data that are not made available for public use.
Proprietary Information
Any of Canadian Visa Professionals’s Websites and any of Canadian Visa Professionals’s Offered Services and Products, and any part thereof, including without limitation logos, names, text graphics, texts, images, videos, sounds, buttons, icons, ‘look and feel’, source code and any and all Intellectual Property, embodied in the same, including, copyrights, trademarks, patents, titles, or other proprietary information and/or any algorithms, techniques, methods or processes contained in such, in any form, in part or in whole, including without limitation, any component, extraction, modification, or development thereof made by Canadian Visa Professionals or you or any third party, constitute proprietary information and trade secrets of Canadian Visa Professionals and Intellectual Property, and are protected as such by this Terms of Use or by any applicable law.
You shall not make any use of such Canadian Visa Professionals proprietary information and nothing in the Terms of Use shall be construed as giving you any license or approval to do so.
You shall not authorize, permit, cause or undertake the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Canadian Visa Professionals’s Website’s or Offered Services, Products or Software or any part thereof.
The information on Canadian Visa Professionals’s Websites is protected by copyright: Copyright Canadian Visa Professionals Inc. All Rights Reserved.
Lawful Purposes
You acknowledge and agree to use any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of virus, worm, Trojan-horse, spider, time bomb or any other instructions or codes that are designed to damage, distort, delete or disassemble any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software or communication, (c) send any unsolicited commercial communication not allowed by applicable law, or (d) expose any other user to material which is unlawful, offensive, indecent, profane, obscene, vulgar, harmful to minors, harassing, threatening, abusive, defamatory, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would violate the rights of others, constitute a criminal offense or otherwise violate any applicable local, state, national or international law or is objectionable in any other way.
Additionally, you declare that the source of funds used by you to utilize the Offered Services, Products and/or Software used through the Website is not illegal and that you will not use the Offered Services, Products and/or the Software and/or the Websites in any way as a money transfer system. You will not use the Offered Services, Products and/or the Software and/or the Websites for any fraudulent or unlawful activity or prohibited transaction (including money laundering) under any law.
You will be responsible for, and indemnify and hold harmless Canadian Visa Professionals against any claim arising from any material that you transmit or post.
Privacy Policy
Subject to the terms and conditions of the Privacy Policy, any material or communication that you transmit or post on or by any of Canadian Visa Professionals’s Websites or through the use of the Offered Services, Products and/or Software shall be treated as non-proprietary and non-confidential. You assume full responsibility for anything you transmit or post. If you object to your information being transferred or used in this way, please do not use any of Canadian Visa Professionals’s Website’s or Offered Services and Products.
Confidential Information
With the exception of credit card numbers and other personal details that you are required to fill in on the forms as part of the use of the Offered Services, Products and/or Software, Canadian Visa Professionals does not want to receive confidential or proprietary information from you through the Website. Any non-personal information or material sent to Canadian Visa Professionals will be deemed NOT to be confidential. By sending Canadian Visa Professionals any non-personal information or material, you grant Canadian Visa Professionals an unrestricted, irrevocable license to use, display, perform, reproduce, modify, distribute and transmit those materials or information, and you also agree that Canadian Visa Professionals is free to use for any purpose any concepts, ideas, know-how or techniques that you send us.
Use of Information
Notwithstanding the Confidential Information section above, upon your registration you explicitly authorize Canadian Visa Professionals to transmit via the Internet, telephone, facsimile (FAX) or any other means of communications, commercial, promotional material and advertisements of any kind and type in its sole discretion, whether its own or of a third party. If you want to stop receiving such material and advertisement, you may do so by informing Canadian Visa Professionals.
Security
Canadian Visa Professionals and the Website take every precaution to protect users’ information. When users submit sensitive information via the Website, the information is protected both online and off-line. When users are asked to enter sensitive information (such as credit card number), such information is encrypted and is protected with the Secured Socket Layer (SSL) encryption software. When on a secure webpage, such as the payment reply form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked. Additionally, the Website operates by the official PCI security standards. While we have taken significant measures to ensure the security of information submitted in using the Offered Services, Products and Software, Canadian Visa Professionals and the Website cannot guarantee the security of information collected during your use of the Offered Services, Products and Software and shall not be liable in any way if your data is compromised.
If you object to your Information being transferred or treated in this way, please do not register.
Registration
There is a global standard for the Internet in which IP addresses are allocated according to countries or certain areas. During registration, Canadian Visa Professionals may use such allocation to identify the area you are calling and/or connecting from (this is done without identifying you personally). Your use of any of Canadian Visa Professionals’s Websites or Offered Services and Products must be made from the area where you have registered from. You may not, by any means, cause Canadian Visa Professionals to misidentify the area where you are registering from (including without limitation by the use of a proxy or any other service or software). You agree and acknowledge that by not complying with such terms, you may cause Canadian Visa Professionals to be in non-compliance with or in violation of any applicable law for which you shall be held fully responsible.
Authorized Representatives
The user acknowledges that Canadian Visa Professionals may, at its sole discretion, grant limited access to its Websites and/or servers to third party Canadian immigration practitioners who are authorized representatives under Canadian law for the purpose of providing Canadian immigration services for a fee. The granting of such access to the Canadian Visa Professionals Websites and/or servers does not establish a consultant-client or an attorney-client relationship between the user and the authorized representatives.
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 servers. The authorized representatives, under agreement with Canadian Visa Professionals, may evaluate the qualifications of the user for a Canadian immigration visa. Such evaluations are performed on the server-end and are done on an as-is basis. These preliminary eligibility evaluations do not constitute personal immigration advice and do not guarantee the issuance of an immigration visa or other document to the user.
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.
Updates and Modifications
Canadian Visa Professionals has the right at any time and for any reason to update, modify or discontinue any feature or aspect of any of Canadian Visa Professionals’s Websites, Offered Services, Products and/or Software, including but not limited to its availability, pricing, content or functionality.
At its sole discretion, and without derogating from the above said, Canadian Visa Professionals reserves the right to add additional features or functions, or subtract or change such or to provide programming updates, upgrades or fixes, to any of Canadian Visa Professionals’s Websites, Offered Services, Products and/or Software. You agree and acknowledge that Canadian Visa Professionals has no obligation to make available to you any previous or subsequent versions of any of Canadian Visa Professionals’s Websites, Offered Services, Products and/or Software.
Paid Products
You agree and acknowledge that Canadian Visa Professionals is a private company and that any fee you pay is designed to cover Canadian Visa Professionals’s time and costs in return for the handling, storage and processing of your information and documents. Payment of all fees and charges to Canadian Visa Professionals, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the Website (hereinafter “Paid Products”).
Such Paid Products are stipulated at Canadian Visa Professionals’s Website. You acknowledge that Canadian Visa Professionals may, without prior notice and at its sole discretion, condition the use (of your use specifically, of a group of users, or of all users) of any part or all of its Websites or Offered Services and Products, to exclude payments, to include payments, modify or change such Paid Products, turn unpaid products or Websites (or any part thereof) into Paid Products, and vice versa. Any and all terms and conditions in the Terms of Use, including without limitation, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Products, except if explicitly stated to the contrary in the Terms of Use or in any additional terms and conditions brought to your attention prior to such payments.
Subject to the terms and conditions of the Terms of Use including, without limitation, the payment of the fee, a user can use the Software to check potential eligibility for the various Canadian immigration options suggested. The Offered Services and Products and/or Software may be used only for their intended purpose, and may not be used to prepare immigration forms, supporting documents or letters on a professional basis.
Transactions, Collection and Payment Fraud
If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact our customer service department. In case of solving the problem unilaterally by the customer through cancellation of transaction by the bank, Canadian Visa Professionals reserves the right to contact the bank and submit a re- presentment letter in order to claim for the funds back. Furthermore, Canadian Visa Professionals may, at its sole discretion, cease to provide the Offered Services, Products and/or Software to specific users or to users paying with particular credit cards or debit cards.
Canadian Visa Professionals retains the right to conduct credit checks on all users with third party credit agencies, on the basis of the information provided to us on the application or by you in any other manner.
Canadian Visa Professionals retains 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 Services, Products and/or Software.
In the event of fraudulent payment and/or suspected fraudulent payment, including the use of stolen credit cards or debit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), Canadian Visa Professionals retains the right to block a user’s account and to reverse any refund that may have been issued. Canadian Visa Professionals shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise illegal activity, and may utilize collection services in order to recover payments.
User Name and Password
Only you are allowed to use your Canadian Visa Professionals client user identification (ID) number (i.e., “USERNAME”) and password. You are not authorized to permit any other individuals to have access to or utilize your user ID number or password. Furthermore, you are personally responsible for the use of any of Canadian Visa Professionals’s Websites or Offered Services and Products made under your user identification number, as well as for maintaining the confidentiality of your user ID number and password. For security reasons, unless noted otherwise, Canadian Visa Professionals shall not disclose your user identification number (i.e., “USERNAME”) or password if you forget it or lose it other than by sending it to your email address which you provided when you registered with Canadian Visa Professionals.
No Warranties
Canadian Visa Professionals cannot guarantee that you shall always be able to communicate by using any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software, nor can Canadian Visa Professionals guarantee that you can communicate without delays, disruptions or communication-related flaws, or that all your communication shall always be delivered. Canadian Visa Professionals shall not be liable for any such delays, disruptions or other omissions in any communication experienced when using the Websites, Offered Services or Products or Software, even if such was incurred by or due to Canadian Visa Professionals.
Canadian Visa Professionals shall not be responsible or held liable for any disturbances or malfunctions that any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software may cause to any other application or software, or to any computer hardware system or any part thereof, including any information or data contained in such.
Canadian Visa Professionals may, without any prior notice, and at its sole discretion, suspend any of Canadian Visa Professionals’s Websites or Software or Offered Services or Products, including Paid Products, or any parts thereof, for updates, maintenance work, or for any other reason, or terminate any of such Websites or Offered Services or Products or Software. Canadian Visa Professionals shall not be liable or responsible with respect to or in connection with such suspension or termination.
Canadian Visa Professionals’s Websites and Offered Products may include a pre-release ‘beta’ version of its Websites and Offered Services or Products which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
No Responsibility of Content
Canadian Visa Professionals’s Websites and Offered Services and Products and all information, content, materials, products and services included on or otherwise made available to you through any of Canadian Visa Professionals’s Websites or Offered Services and Products are provided on an “as is” basis. Canadian Visa Professionals and any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers make no representations or warranties of any kind, expressed or implied, as to the operation of any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software or the information, content, materials, products or services included on or otherwise made available to you through such Websites or Offered Services and Products.
Without derogating from the aforementioned, you understand and acknowledge that the content of the communication spread by the use of any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software is entirely the responsibility of the individual or entity from whom such content originated. Additionally, Canadian Visa Professionals’s Websites or Offered Services and Products may contain links to other websites and you agree and acknowledge that the content of such is entirely the responsibility of its respective authors. Therefore, you may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such websites is at your own risk and you agree and acknowledge that Canadian Visa Professionals shall not be liable for any type of communication spread by means of any of Canadian Visa Professionals’s Websites or Offered Services and Products.
Subject to the terms and conditions of the Privacy Statement, any material or communication you transmit or post in connection with your use of the Offered Services or Products will be treated as non-proprietary and non-confidential. You assume full responsibility for anything you transmit or post, and you grant Canadian Visa Professionals the right to copy, edit, distribute and publish any information or content you transmit or post for any purpose, including but not limited to registration for the Canadian visa program. If you object to your Information being used in this manner, please do not register.
In this respect you should be aware that if you voluntarily disclose personal information (e.g. user name, email address) on a chat room, bulletin board or on any other user or member generated webpages, that information can be collected and used by others and may result in unsolicited messages from other parties.
The Offered Services and Products and the Website may include chat rooms, bulletin boards and other user and member created webpages which allow you and other users and members to post information, provide feedback to Canadian Visa Professionals, and interact in real-time.
You acknowledge that Canadian Visa Professionals and its affiliates do not control the information available on the chat rooms, bulletin boards and other user and member generated webpages and that any opinions, statements, advice, services, offers or other information or content presented or disseminated on any chat room, bulletin board or on any other user or member generated webpages are those of their respective authors who are solely liable for their content. Canadian Visa Professionals retains 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 webpages.
Granting of Visa is Not Guaranteed
You understand that the Canadian Visa Programs are based on a Canadian authority’s evaluation procedure and, therefore, there is no guarantee that a visa to Canada will be granted. All applications submitted, as well as applications submitted through the Offered Services, Products and/or Software, receive an equal treatment by the Canadian authorities.
Canadian Visa Professionals is a private company and is not involved in any way in issuing immigration visas. Choosing Canadian Visa Professionals’s Offered Services or Products does not guarantee a better or expedited handling.
Minimum requirements for eligibility have been listed and detailed on Canadian Visa Professionals’s Website. You are responsible to review the eligibility requirements and ensure that you qualify within the guidelines. If you have any questions, please visit: www.Canadianvp.com
Fees and Refund Policy
Refunds shall be issued at the sole discretion of Canadian Visa Professionals, and in any event shall not exceed the amount actually paid by you for the remaining credit outstanding to you with respect to any of the relevant Paid Product. Without derogating from any provision of the Terms of Use, fees paid are not recoverable if Canadian Visa Professionals suspects, at its sole discretion, that you are in breach of the Terms of Use, including without limitation, creating any problems with any of Canadian Visa Professionals’s Websites or Offered Services and Products or the use thereof, possible legal liabilities, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, or if filing of the application is made impossible by any events beyond the control of Canadian Visa Professionals (for example, including but not limited to act of war, acts of nature, changes in the visa program instructions such as eligibility, required details or other changes, technological limitations, economical resources, legislative or procedural change and/or State Action). By visiting or using any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software, you understand and agree to the refund policy specified herein.
Breach
Canadian Visa Professionals, without derogating from or limiting our other remedies, shall have the right to immediately terminate your access to or use of the Offered Services, Products and/or Software in the event of any activities which are in breach of the Terms of Use or conduct which, in the judgment of Canadian Visa Professionals, interferes with the use or operation of the Offered Services, Products and/or Software.
Termination
Canadian Visa Professionals, without limiting other remedies, may limit, suspend, or terminate your use of Canadian Visa Professionals’s Websites, Offered Services and Products and/or Software (including Paid Products) and delete your user account and/or user identification number, and the use of any content or other material contained therein, at any time, without any prior notice, with or without cause and without any recourse, and with immediate effect.
Canadian Visa Professionals shall not be liable in respect for any damage caused by or arising of or in connection with the restriction, suspension or termination, irregardless of the reason thereof.
Economic Basis
The limitations of liability or damages set forth in the Terms of Use are fundamental elements of the basis of the bargain between Canadian Visa Professionals and you. You agree and acknowledge that Canadian Visa Professionals would not be able to provide the Offered Services and Products on an economic basis without such limitations.
Disclaimer of Warranties
The warranties stipulated in the Terms of Use, constitute the sole warranties of Canadian Visa Professionals and any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of Canadian Visa Professionals’s Websites or Offered Services, Products or Software, not expressly granted by Canadian Visa Professionals are hereby disclaimed.
ANY OF CANADIAN VISA PROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE ARE PROVIDED ‘AS IS’, WITH NO WARRANTIES WHATSOEVER; CANADIANVISAPROFESSIONALS AND ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OF SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. CANADIANVISAPROFESSIONALS AND ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS FURTHER DO NOT REPRESENT OR WARRANT THAT CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO CANADIANVISAPROFESSIONALS AND ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS WARRANT ANY SUCCESS OR ACCEPTANCE OF A VISA THROUGH ANY OF CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE.
Canadian Visa Professionals’s Websites may allow you to access third party websites. Your access to and use of any third party websites, including any information, goods or services made available from such websites, is governed by the terms and conditions found at each third party website, if any.
Indemnification
You agree to indemnify, defend and hold harmless Canadian Visa Professionals, its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against Canadian Visa Professionals by any third party due to or arising out of or in connection with your visit or use of any of Canadian Visa Professionals’s Websites or Offered Services, Products of Software.
You agree to defend, hold harmless and indemnify Canadian Visa Professionals 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.
Since some jurisdictions do not allow some of the limitations or exclusions as set forth above, some of these limitations or exclusions may not apply to you. In such event, the liability will be limited as far as legally possible under the applicable legislation.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT CANADIANVISAPROFESSIONALS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISIT OF ANY OF CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE.
IN NO EVENT SHALL CANADIANVISAPROFESSIONALS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS 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 CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OF SOFTWARE OR INABILITY TO USE SUCH, EVEN IF CANADIANVISAPROFESSIONALS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS, DISSATISFACTION OR DAMAGE IN CONNECTION WITH ANY OF CANADIANVISAPROFESSIONALS’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE.
If, notwithstanding the other provisions of this User Agreement, Canadian Visa Professionals is found to be liable to you for any loss or damages which arise out of or is any way connected with the use of this Website or the Offered Services, Products or Software, Canadian Visa Professionals’s liability shall in no event exceed the lesser of (a) the amount paid by you for the Paid Product; or (b) $50.00 (Canadian Dollars). Since some jurisdictions do not allow some of the limitations or exclusions as set forth above, some of these limitations or exclusions may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
In any case, all guarantees or warranties given or made by Canadian Visa Professionals with respect to the Offered Service or Product (1) are for the benefit of registered users of the Offered Service or Product that comply with the terms of the Terms of Use only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of the Terms of Use.
Immigration Laws and Regulations
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. Canadian Visa Professionals disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
Governing Law
Dispute Resolution. You agree that all matters relating to your access to or use of the Website, Offered Products and/or Software, including all disputes, will be governed by the laws of Cyprus without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in the District Court in Larnaka, Cyprus, and waive any objection to such jurisdiction or venue. Any claim under the User 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 Canadian Visa Professionals and you arising out of or in connection with your use of the Website, 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.
Miscellaneous
The Terms of Use set forth Canadian Visa Professionals’s entire liability and your exclusive remedy regarding any access of or use of any of Canadian Visa Professionals’s Websites or Offered Products or Software, and is a complete statement of the agreement between you and Canadian Visa Professionals.
The Headings used in the Terms of Use are only for reference purposes and in no way describe, define, construe, or limit the extent or scope of such section. Any failure to act by Canadian Visa Professionals regarding a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Canadian Visa Professionals may, at any time and at its sole discretion, amend the Terms of Use by posting the amended Terms of Use on the relevant Canadian Visa Professionals Website. Any amended Terms of Use shall govern registrations for new users from the date that it is posted on such Website. Existing users shall be bound by the amended Terms of Use following the expiry of 14 days after the date of a Notice and your continued use of the Software following such date shall mean that you agree to and accept the amendments. No other amendment to the Terms of Use shall be effective.
Any rights that Canadian Visa Professionals may have under copyright, patent, trade secret, or other laws are not in any way limited by the Terms of Use. Employees of Canadian Visa Professionals are not permitted and do not have the authority to modify the Terms of Use, or to make any additional commitments, representations, or warranties binding on Canadian Visa Professionals, except for those made in writing and signed by an authorized officer of Canadian Visa Professionals. In the event that any provision of the Terms of Use is unenforceable or invalid under applicable law, then it shall be, to the minimal extent possible, deemed omitted and the remaining provisions will continue in full force and effect.
The Terms of Use, and any rights and licenses granted hereunder, may not be assigned or transferred by you to others, but may be assigned without notice or restriction by Canadian Visa Professionals.
In the event of a discrepancy or inconsistency between the original English language version of the Terms of Use and any translation of the Terms of Use in another language, the original English version shall prevail over the translation.
YOU ACKNOWLEDGE EXPRESSLY THAT YOU HAVE READ THE TERMS OF USE AND THAT YOU UNDERSTAND THE TERMS AND CONDITIONS, RIGHTS AND OBLIGATIONS HEREIN SET FORTH. BY USING ANY OF THE WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE OF CANADIANVISAPROFESSIONALS, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CANADIANVISAPROFESSIONALS THE RIGHTS HEREIN SET FORTH.
