Terms of Service
1. WEBSITE TERMS OF USE
Welcome to the Immigrate Simply website – https://immigratesimply.ca/ (this “Website”). Immigrate Simply (the “Company” or “we” or “our”) provides: (i) general immigration-related information and products; (ii) an automated software solution for filling out certain Canadian immigration forms based on the specific information and direction which you provide, which We then deliver to you along with the original Government instructions; and (iii) other ancillary and support services (collectively referred to hereafter as the “Service”. Please review the following terms and conditions (the “Terms and Conditions”) before continuing use of this Website. The Website is available for your use only on the condition that you agree to the Terms and Conditions set forth below. By accessing or using this Website in any way, you and the entity you are authorized to represent (“you” or “your”) signify your agreement to be bound by the Terms and Conditions. Should you object to any of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Company in any way, you should immediately discontinue use of the Website. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website.
2. USER ELIGIBILITY
You agree that by using this Website you are at least 18 years of age and you can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.
3. PRICING AND FEES
Prices posted on the Website are the fees which are payable to the Company for your use of the Service. Additional processing and filing fees (if any) are payable to the IRCC (“Government Fees”), as determined in the circumstances. These additional Governmental Fees are not included in the price for the Service identified on the Website. You must pay these Government Fees separately at the time of application submission. All fees are in Canadian dollars.
4. ACCESS TO THE SERVICE
The Company grants you a limited, revocable, non-exclusive, non-transferable license to access the Website and utilise the Service for your own personal use only. Except for this limited license, the Company does not convey any interest in permitting you to access the Website. You shall not attempt to access any other of the Company’s systems, programs or data that are not made available for public use. Except to the extent required by law, none of the content provided may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without written consent from the Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by the Company.
5. ELECTRONIC FILING SERVICE (“E-File” or “E-Filing”)
If you choose to file your application electronically, the completed application will be forwarded by you to the IRCC electronically. You are responsible for verifying the status of your application to confirm that it has been received and accepted by IRCC and, if necessary, for filing it manually in the event that IRCC rejects your electronically filed application. You agree to review your application for errors before electronically filing or mailing it.
By using E-Filing to submit your completed application, you consent to the disclosure to IRCC (and any other immigration-related Canadian government authority) of all information relating to your use of the Electronic Filing Service. The Company cannot guarantee the acceptance of your application by IRCC due to any circumstances beyond the Company’s control, such as incorrect data or information, or a failure of IRCC’s e-file system.
6. CREATING AN ACCOUNT
You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you are required to register with us and select a password and email address (“User ID”). You shall provide us with accurate, complete, and current registration information as requested on the registration form to which the Website will direct you, and you shall update that information as soon as possible after any information on the registration form changes. You shall not (i) select or use as a User ID a name or email of another person with the intent to impersonate that person, (ii) use as a User ID a name or email subject to any rights of a person other than you without appropriate authorization, or (iii) use as a User ID a name or email that is otherwise illegal, offensive, vulgar or obscene. We reserve the right to refuse registration, cancel a User ID or deny your access to the Website in our sole discretion, including if you provide any registration information that is, or that the Company has reasonable grounds to suspect is untrue, inaccurate, not current, or incomplete. We have the right to review the information you provide and any changes to the information, to ensure the agreed upon terms are upheld. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and security information. You agree not to transfer, share or resell your use of or access to the Website to any third party. You shall never use another user’s account without such other user’s express written permission. You will immediately notify us of any unauthorized use of your account, or other account-related security breach of which you are aware. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, your authorization of anyone else to use your User ID, or your failure to comply with this paragraph. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately contact us.
7. COMMUNICATING WITH OTHER USERS
You acknowledge and agree that any public communications made to or by means of any portion of the Website are public. You acknowledge that (i) you have no expectation of privacy in any public communication and (ii) no confidential, fiduciary, contractually implied, or other relationship is created between you and us by reason or your transmitting a public communication to any area of the Website. As used in these Terms and Conditions, “Your Posted Material” means any information, messages, blogs, e-mails, postings, on-line discussions, or literary works, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Website.
You agree that none of Your Posted Material will contain information or content that:
Infringes on the copyright or any other rights of any person or entity;
Reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential;
Includes sexually explicit images, depictions, or content;
Is obscene, indecent, defamatory, abusive, or otherwise unlawful;
Contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or
Violates privacy rights, or misappropriation of statutory or common law rights to publicity, personality or the right to one’s image.
Additionally, even if such content is legal, you agree that none of your posted material will contain information or content that:
Contains or constitutes commercial advertising, solicitation, informational announcements, or political statements;
Constitutes, contains, or encourages “make-money fast” type messages, “chain letters” or “pyramid schemes” of any type;
Contains false or misleading information;
Is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or
With respect to “chat rooms” or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form).
We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website for any reason whatsoever. We reserve the right to expel you from or suspend your access to any or all parts of the Service for violating the law or these Terms and Conditions. Notwithstanding the foregoing, you are solely responsible for all your posted material that you post on or submit to the Website and you acknowledge that we may not be monitoring the Website and you are not relying upon the Company to monitor the Website. We take violations of our customers’ rights and our own rights seriously, and make efforts to report any potential criminal violations to appropriate authorities.
8. RESTRICTIONS ON USE OF WEBSITE
As a condition of your continued access to and use of the Website, you agree to abide by all applicable local, provincial, national, international and other laws and regulations. In addition to other restrictions set forth in these Terms and Conditions, you agree that you will not do any of the following:
Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Material.
Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials without our written permission, other than as expressly allowed by us.
Input or upload to the Website any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
Use any meta tags or any other “hidden text” utilizing the name “Immigrate Simply” or any substantially similar name without our written consent.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Frame or utilize framing techniques to enclose any portion or aspect of the Website, without the express written consent of the Company.
Engage in spamming or flooding.
Remove any copyright, trademark or other proprietary rights notices contained on the Website.
Use the Website or Materials for any unlawful purpose.
Make any resale or commercial use of the Website or the Company Materials.
Make any derivative use of the Website or the Company Materials.
9. LINKS TO THIRD PARTY SITES
The Website contains links to third-party websites and resources (collectively, “Linked Sites”) which are completely independent of this Website. Linked Sites are provided to you only as a convenience and the Company does not endorse the content on any third-party website or any site linked to a third-party website. These Terms and Conditions do not apply to these Linked Sites. The Company makes no representation or warranty to the accuracy, legality, decency, completeness, authenticity, performance or quality of any content, product, service or application found at any Linked Site. These Linked Sites may contain information or material that some people may find inappropriate or offensive. The Company is not responsible for the availability of the Linked Sites or the content or activities of such sites and is under no obligation to maintain any link on the Website. We have the right to remove a link at any time at our sole discretion for any reason. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and Terms and Conditions of use, including but not limited to, the Linked Site’s privacy policy. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).
10. AFFILIATION WITH THIRD PARTIES
This Website is not a Government Agency and is not affiliated with or endorsed by any Government Agency. Further, the Website is not a law firm and neither the Website nor any of its employees provide legal services or legal advice. Use of the Website and/or the Service is not a substitute for the advice of a lawyer nor consultant. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from your use of the Service. The Website is prohibited from providing any kind of explanation, advice, recommendation or opinion to you about your legal rights, options, selection of forms or strategies. If you have specific or unique problems which are complex or require legal advice, please consult with and obtain legal advice from a qualified lawyer or immigration consultant. Your use of information and forms on this Website is solely at your own risk. This Website is not endorsed by Linked Sites.
11. LIMITATIONS ON SERVICE
You acknowledge that the Company has the right to establish limits concerning the use of the Service at any time to modify or discontinue, temporarily or permanently, the Service with or without notice. This includes but is not limited to the Website’s content, functionality, hours of availability, the equipment needed for access or its use, or its pricing. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that the Company is not responsible for any rejection of your immigration application due to your failure to timely or properly file your application with IRCC. Further, you acknowledge that IRCC publishes updated forms or changes filing fees from time to time. If you expect to delay submitting your application to IRCC, be sure to confirm that the form you have printed is still being accepted by IRCC prior to filing and that the amount of the filing fee is still correct. You acknowledge that the Company is not responsible for any denial of your immigration application by IRCC due to your ineligibility for the immigration benefit which you are seeking. You acknowledge that the Company is not responsible for IRCC not following their own published guidelines as made available to the general public via their website. You acknowledge and agree that you will print your forms only on letter-sized paper (8.5 inches by 11 inches). You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Service.
12. TERMINATION OF USE
You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website at any time and for any or no reason and without notice, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Web Site. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website and/or the Services.
13. PRIVACY AND INFORMATION DISCLOSURE – PRIVACY POLICY
You acknowledge and agree that the Company’s Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms and Conditions.
14. OWNERSHIP
This Website is owned and operated by the Company You are not permitted to download or modify the Website, unless given written consent from the Company. Elements of the Website, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), button icons, service marks, trademarks, trade dress, images, information, and documents, will be referred to collectively as “Materials”. You agree that no Materials may be copied, republished, reproduced, uploaded, downloaded, loaned, displayed, posted, modified, leased, re-used, sold, transmitted, or distributed, in any way without written permission from the Company. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents) are owned either by the Company or by third party authors, developers, or vendors that have licensed the Materials to the Company (“Third Party Providers”). The decision to sell any of the Website’s content shall be exercised in the Company’s sole and absolute discretion. Except as expressly provided herein, the Company does not grant to you any express or implied rights to the Company’s or any third party’s Materials.
With respect to all Materials you elect to post to the Website, you grant to Company the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to share such Materials with third parties. The Company does not endorse and is not responsible for any third-party content posted to the Website.
Content such as the Company’s logo, “Immigrate Simply”, “Empowering immigration, reducing frustration”, custom graphics, all text, all images, all page headers, and all infographics are service marks, trademarks and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
15. REFUND POLICY
There will be no opportunities to request a refund of the fee you paid to the Company for use of the Service. If you think there has been a mistake made regarding the fee you paid, please contact us.
16. WRITTEN DOCUMENT
You may preserve these Terms and Conditions in written form by printing them for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document.
17. NOTIFICATION OF COPYRIGHT BREACH
If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, please contact us and we will work to resolve this issue.
18. DISCLAIMER OF WARRANTIES
The Company’s Website provides a service designed to allow you to complete and file various governmental forms and applications based on the specific information and direction which you provide. The Company shall retain your completed and finalized forms for a period of ____ (__) years. The Company is not a law firm and neither the Company nor any of its employees provide legal services or legal advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms. The information contained in this Website is provided for general information only and should not serve as a substitute for legal advice from a lawyer familiar with the facts and circumstances of your specific situation. If you are not satisfied with our Service please contact us.
Without limiting the generality of the foregoing, you agree that use of the Website and the Service is entirely at your own risk. To the fullest extent permitted by law, the Company assumes no responsibility for errors or omissions in the Website’s Materials. The Website and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind, either express or implied or arising by statute, usage, custom or otherwise. The Company does not warrant the accuracy, quality, security, reliability, timeliness, or completeness of the information, text, graphics, links, government forms or other items contained within the Website’s Materials. To the fullest extent permitted by law, the Company disclaims any warranties for other services or goods received through or advertised on the Website, or accessed through any links on the Website. All express and implied warranties, including, without limitation, the warranties of merchantability, suitability, or fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the Company disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Website and the Service. To the fullest extent permitted by law, the Company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of the Website or the Service, or any other information, text, graphics, links or other items contained within the Website’s content or any third party website. The Company makes no commitment to update the information contained in the Website nor does it represent or warrant that the governmental forms you can access on this Website are accurate and up to date. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use this Website. and all charges related thereto. The Company does not guarantee that the Website or the Service will be sufficient or appropriate for every individual or situation. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms and Conditions are fair and reasonable.
19. LIMITATIONS OF LIABILITY
Under no circumstances shall the Company nor its affiliates be liable to you or any third party under contract, negligence, strict liability or other theory arising out of or relating in any way to the Website or the Service. This includes but is not limited to, any other Linked Site, product or service purchased through the Website or any other website, for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages (even if the Company has been advised of the possibility of such damages), including but not limited to, damages for loss of business, loss of data, or lost profits, resulting from any aspect of your use of the Website or Service. These limitations shall apply to the fullest extent permitted by law. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information received through or advertised in connection with the Website or the Service or any links on the Website. These limitations shall apply to the fullest extent permitted by law. If your use of content from this Website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
To the extent that the foregoing limitations on liability is limited or restricted by law, your sole and exclusive remedy and the Company’s absolute limit of liability in connection with any lawsuit, claim or cause whatsoever directly or indirectly relating to or arising out of or relating in any way to the Website or the Service, and/or any content, whether based on contract, tort or any other legal theory of recovery, shall in all cases be strictly limited to the price paid by you directly to the Company in connection with such access to or use of the Website or the Service. You acknowledge and agree that, if the limitations of liability above are limited or restricted by law, the exclusive remedy set forth shall be your sole remedy even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall the Company be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if the Company has been advised of the possibility of such damages), to you or any third party.
20. GENERAL RELEASE OF CLAIMS
As such may apply to your usage of the Website, its content and/or the Service, you hereby forever release and discharge the Company from and against, and forever waive, forfeit and relinquish, each and every claim, action, demand, right, lien, covenant, agreement, contract, representation, warranty, indemnity, obligation, debt, cause of action, liability, lawsuit, litigation, loss, damage (including consequential damages and penalties), fee, cost and expense (including costs and expenses of counsel), of every and whatever type, kind, nature, description or character, whether sounding in law, equity, contract, tort, statute or otherwise, and whether or not presently or later known, existing, asserted, suspected, liquidated, fixed, contingent, matured or anticipated, that arises out of, relates to or otherwise is in any way connected with your access or use of the Website, its content and/or the Service and/or any User content (each a “Claim,” collectively, “Claims”).
You recognize that you may have Claims of which you are totally unaware and unsuspecting, but that which you are nevertheless releasing and giving up by consenting to the Terms and Conditions, and using the Website, and providing the foregoing general release. You also acknowledge and agree that nothing contained in this Section 20 shall release or discharge you from your representations, warranties, covenants and agreements set forth in, and from your duties and obligations assumed under, these Terms and Conditions. You shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the Company and other parties released hereunder arising out of or in any way connected with any Claim that is released or discharged under these Terms and Conditions. You represent and warrant to the Company that you have not assigned any Claim released or discharged under the Terms and Conditions, and you shall indemnify, defend, protect and hold harmless the Company and other parties from and against any and all Claims that the Company and/or other parties shall suffer or incur as a result of or arising in connection with any breach of the foregoing representation and warranty.
21. INDEMNITY
You agree to defend, indemnify and hold the Company and its affiliates harmless from any losses, expenses, damages, actions, claims, fines, penalties, costs, demands, including reasonable lawyers’ fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your alleged violation of the Terms and Conditions, any activity related to your account by you or any other person accessing the Website from your account, or your breach of any of the representations and warranties herein.
You acknowledge that the Company has set its prices and provided access to or use of the Website and the Service, and/or any content in reliance of the limitations of liability, the disclaimers of warranties and damages, the general release, and the indemnity and that the same form an essential basis upon which these Terms and Conditions are established, and upon which the Company has provided to you access to or use of the Website, the Service, and/or content. You agree that the limitations of liability, the disclaimers of warranties and damages, the general release, and the indemnity set forth herein will survive and apply even if found to have failed of their essential purpose.
22. ENFORCEMENT OF RULES AND POLICIES
The Company may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While the Company is not obligated to take any action, such action may include, but is not limited to, issuing warning, suspension or termination of your rights to use the Website. You agree that the Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, and to cooperate with law enforcement or a court order request, we will cooperate with any such law enforcement or court order request, and we may disclose information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances to the extent that we are permitted to disclose this information under applicable laws. Our right to disclose any such information shall govern over any terms of our Privacy Policy.
We have no obligation to monitor the Website or any user’s use of it or to retain the contents of any user session, or to pre-screen any content on the Website. If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility to modify or remove any inappropriate content, and we assume no responsibility for the conduct of the user submitting any such content. However, we retain the right at all times to monitor content and to refuse or remove content that is available via the Website, including any content that in our reasonable opinion violates these Terms and Conditions or is otherwise objectionable. We withhold the right to review any information you provide to ensure all activity is in compliance with our Terms and Conditions. You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
23. USER ACKNOWLEDGEMENTS
By using the Website to assist your self-representation, you agree to the following:
I realize that the Company is not representing me in any legal matter;
No lawyer-client privilege is created with the Company;
I have been informed of the services that the Company is performing, and the cost of these services; and
No governmental entity or authority has evaluated or approved the Company’s knowledge or experience, or the quality of the Company’s services.
The Company is not permitted to engage in the practice of law including but not limited to providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. If you have a complaint about the Service, please contact us.
24. TECHNICAL SUPPORT ISSUES
If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem you may encounter in attempting to utilize our Service, the Company’s customer service representatives may be able to assist you with your problem. If you contact the Company’s customer service representatives and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing them to log in to your account to generate your application and then view your application data to ensure that it was generated properly. You further acknowledge and agree that the Company is not liable in the event that your application data is somehow misappropriated. If you contact the Company’s customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that the Company is not liable for any technical problems that may persist or arise with your computer after doing so.
25. GENERAL INFORMATION
The Terms and Conditions constitute the entire agreement between you and the Company and govern your use of the Website and the Service, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions do not limit any rights that the Company may have under trade secret, copyright, patent or other laws. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. To the extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms and Conditions shall not be construed against the drafting party, i.e. the Company.
You warrant, represent and agree that, by accessing and/or using the Website, its content and/or the Service, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms and Conditions, (ii) have carefully read and considered these Terms and Conditions and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms and Conditions of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms and Conditions.
