Terms of service
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") GOVERNING: (I) ACCESS TO AND USE OF THE immilandcanada.com WEBSITE OWNED BY IMMILAND CANADA ("IMMILAND"), (II) EXCHANGE OF INFORMATION VIA EMAIL email@example.com
OR ANY OTHER EMAIL FROM THE @immiland.com DOMAIN, AND (III) THE RELATIONSHIP BETWEEN IMMILAND AND USERS (AS SUCH TERM IS DEFINED BELOW).
Through these Terms and Conditions, Immiland makes available to you the Platform and its immigration and educational services, which include, but are not limited to: (i) immigration consulting, (ii) educational consulting, (iii) translation, and (iv) recruitment. The provision of immigration services is in strict compliance with the applicable provisions of the Code of Professional Conduct available at: https://www.gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors128-eng.html.
SECTION ONE. DEFINITIONS.
1.1 Capitalized terms used in these Terms and Conditions shall have the following meanings:
(i) "Personal Data". Any information concerning an identified or identifiable natural person.
(ii) "Immiland". Means Imminald Canada.
(iii) "Data Protection Act". Means the Personal Information Protection and Electronic Documents Act of Canada , as subsequently amended, and any other laws and regulations relating to the processing, protection and privacy of Personal Data that may be applicable and, where applicable, all guidelines, rules and orders issued by theOffice of the Privacy Commissioner of Canada or any other authority charged with the protection or oversight of relevant Personal Data.
(iv) "Materials". Has the meaning ascribed to it in Section 8.2 below.
(v) "Platform". Online Platform located at immilandcanada.com as well as the products and services located therein, aimed at, among other things, providing immigration, employment and educational advice for travelling, working, studying or living in Canada.
(vi) "Third Party Services". Has the meaning ascribed to such term in Section 3.5 of these Terms and Conditions.
(vii) "Terms and Conditions". Has the meaning ascribed to such term in the foreword hereto.
(viii) "User(s)" or "You". Natural person, capable, over 18 (eighteen) years of age, who may or may not be accessing the Platform on behalf of a legal entity.
SECTION TWO. ON THE PLATFORM.
2.1 The Platform is intended to, among others, provide advice on immigration and educational matters to Users in order to analyze the most appropriate immigration, labor or educational plan for each of them.
2.2 To access Immiland's services, the User must enter the Platform and provide Personal Data such as name and email. Depending on the requested service, the User shall also provide information related to his/her professional and/or educational background, such as: (i) his/her last level of studies, (ii) the number of years of work experience, (iii) age, and (iv) contact information.
2.3 After providing this information, Immiland will contact the User via email in order to provide general information about the service for which information has been requested and, if applicable, the steps to follow for the provision of the corresponding service.
2.4 The contracting of any service or product offered through the Platform does not in any way guarantee the approval or authorization by the Canadian authorities of any work permit, study, visa or travel authorization.
SECTION THREE. USE OF THE PLATFORM AND TECHNICAL REQUIREMENTS.
3.1 Immiland reserves the right to modify at any time and without prior notice, the presentation, content, functionality, products, services and configuration of the Platform, as well as the content of these Terms and Conditions. Therefore, the User acknowledges and accepts that Immiland may interrupt, deactivate or cancel, at any time, any or any of the elements that make up the Platform and access to them.
3.2 It is recommended to periodically consult these Terms and Conditions in order to know the content of any update; the continued use of the Platform, as well as the products and services offered through the same after any update of the Terms and Conditions shall be understood as the full acceptance of the same.
3.3 Immiland does not guarantee in any way the availability and continuity of the products, services, and functionality of the Platform. However, Immiland will take actions that, according to its possibilities, allow to maintain a good functioning of the Platform.
3.4 Immiland does not undertake to keep active any tool, functionality or service currently offered or that has been offered in the past, regardless of whether it was offered free of charge or for a fee.
3.5 The relationship between the User and Immiland may include, on behalf of Immiland, services provided by third parties, which services shall be provided in accordance with the terms and conditions determined by such third parties on their sole responsibility ("Third Party Services"). However, such services may be subject to specific contractual terms, agreements, policies, guidelines, rules and regulations, which must be accepted when contracting or using the specific service. Immiland will verify the lawfulness of those Third Party Services provided through the Platform. In the event that the User, as a consequence of contracting Third Party Services, suffers any damage or harm, he/she may report it to Immiland through the e-mail firstname.lastname@example.org so that the measures deemed appropriate may be taken and the corresponding report may be followed up.
3.6 Unless otherwise expressly provided in these Terms and Conditions, any new product or service offered on the Platform shall be subject to these Terms and Conditions.
3.7 The adaptation and updating of devices, browsers or operating system versions for the operation of the Platform is the responsibility of each User. Immiland shall not be liable for any damages suffered as a result of interruption and/or changes to the Platform.
3.8 The User shall be responsible for verifying that all data provided in the forms are accurate, complete, correct, updated, truthful and reflect the reality of their current situation. By filling out the forms, the User guarantees the accuracy, clarity, authenticity, legality, validity and updating of the information provided, and acknowledges that he/she is fully responsible for all content reported by him/her.
3.9 Immiland shall not be obliged to monitor or inspect the veracity of the User's data or any additional information provided by the User.
SECTION FOUR. OBLIGATIONS OF THE USER.
4.1 The User undertakes to make proper and lawful use of the Platform, to respect at all times the Terms and Conditions and to act in good faith and in accordance with the regulations applicable to any relationship with Immiland. Therefore the User agrees to:
- Comply with all provisions of these Terms and Conditions;
- Not to use the Platform for illicit purposes, contrary to morality and public order, as well as for activities that violate or injure the rights of third parties, or that in any way may damage or disable the Platform or prevent the normal use of the platform by other Users;
- Not to destroy, alter, disable or otherwise damage electronic and other data, programs or documents available on the Platform;
- Not to penetrate or test the vulnerability of the Platform or any of Immiland's systems or social networks, and not to violate, or attempt to violate, its security or authentication measures;
- Not to use the Platform to, by way of reference, but not limited to, send bulk e-mails(spam) or e-mails with illegal content;
- Not to replicate information for commercial purposes without the prior written consent of Immiland;
- Respect the copyrights and intellectual property of Immiland, the rights of other Users and third parties, as well as not to appropriate or take advantage of the intellectual property or contents of Immiland or the Users, through any mechanism;
- To periodically review updates to these Terms and Conditions;
- Not to copy, assign, license, sublicense, sell, rent, lease or guarantee, distribute, share, reproduce, donate, dispose of in any way, make available, provide access to the Platform or transfer in whole or in part, in any way, free of charge or for consideration, temporarily or permanently, the Platform software, as well as its modules, parts, manuals or any information related thereto, including any content of Immiland or other Users;
- Not to decompile or promote, and/or facilitate any reverse engineering, improper access or attempted reverse engineering or improper access to the source code of the Platform;
- Not to reproduce, adapt, modify and/or use, in whole or in part, for any purpose, the Platform or any content of Immiland or other Users, without express authorization;
- Do not alter or falsify any data; and
- Provide correct information to Immiland by all means necessary for the provision of services by Immiland and third parties related to the provision of services by Immiland.
4.2Immiland reserves the right and power to determine, at its sole discretion, when it considers that there has been a violation of any of the provisions set forth in these Terms and Conditions and/or applicable law, in which case it will take the following measures (depending on the seriousness or recurrence of the infringement and without prejudice to any other legal actions to which it may be entitled): a warning or extrajudicial notification to the User, temporary or definitive suspension or limitation of access to the Platform, cancellation of the contracted service.
4.3By using the Platform, the User also agrees that:
- You will only use the Platform on a personal basis to: (i) purchase the products or services offered therein, and (ii) obtain the information provided therein;
- It shall not use the Platform for the benefit of third parties and shall not authorize third parties to use the User's access to the Platform;
- You will not use the Platform with an incompatible or unauthorized device;
- You will not attempt to access, use and/or manipulate data of Immiland, other Users or third parties;
- Shall not falsify, omit or simulate IP, network or e-mail addresses as an attempt to conceal its identity or authorship or to hold innocent third parties responsible;
- It shall not introduce or disseminate computer viruses or any other physical or logical systems and shall not perform acts that may cause damage or harm to the Platform, Immiland, other Users or third parties, including by posting or transmitting any file containing viruses, worms, malwares, bots, backdoor, spyware, rootkit, Trojan horses or any other contaminating or destructive program;
- You will not use software, techniques and/or artifices with the intent to misuse the Platform for practices that may or could harm Immiland, other Users or third parties, such as hacking, scraping, crawling, exploits, spamming, flooding, spoofing, crashing, rootkits, etc.; and
- You will not violate or threaten the rights and interests of Immiland, other Users or third parties.
4.4. User agrees to defend, indemnify and hold harmless Immiland and its directors, employees and agents, from and against any and all charges, actions or claims, including, without limitation, legal fees and reasonable attorneys' fees, resulting from: (i) any misuse by User of the Platform; (ii) User's violation of these Terms and Conditions and/or applicable laws and regulations; (iii) use of Personal Data in violation of Data Protection Law ; and (iv) any claim relating to any act or omission or otherwise relating to the use of the Platform, conduct of business, among others.
SECTION FIVE. LIMITATION OF LIABILITY.
5.1 IMMILAND SHALL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES AND IN ANY CAPACITY, FOR THE SERVICES OFFERED BY THIRD PARTIES, FOR THE RELATIONSHIP OR INTERACTION BETWEEN THE USER AND THIRD PARTIES, OR FOR ANY DAMAGE THAT THIRD PARTIES MAY CAUSE TO THE USER OR TO THIRD PARTIES. The presence of third party content on the Platform does not imply a relationship of endorsement, association, or complicity between Immiland and such third parties, websites or content.
5.2 Except in cases where the applicable regulations expressly impose otherwise and exclusively in the terms and extent in which it imposes it, Immiland will not be responsible for the interruption, suspension or termination of the information, services or products offered through the Platform. Likewise, Immiland shall not be liable for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality originating from technical problems, communications or human omissions, caused by third parties or not directly attributable to Immiland. Immiland shall also not be liable for damage caused by computer attacks or damage caused by viruses that affect computer programs, communications systems or equipment used by the Platform, but which are manufactured or provided by a third party. Immiland may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice access to information and services to those users who violate these rules.
5.3 Immiland, to the extent permitted by applicable regulation, shall be exempt from any warranty or liability, express or implied, arising out of or in connection with the use of the Platform.
5.4 Immiland does not warrant that the functions contained in the Platform will meet the User's needs, that the operation of the Platform will be uninterrupted or error-free, that any functionality will continue to be available or that the Platform will be compatible with any third party software or services.
SECTION SIX. IMMILAND RIGHTS.
(i) Suspend, modify or terminate, partially or totally, the functionalities or activities of the Platform;
(ii)Block or suspend, without prior notice, the relationship with the User, temporarily or permanently, in case of breach or suspected breach of any of the obligations assumed in these Terms and Conditions or in the applicable laws, at the sole discretion of Immiland; and
(iii) Establish prices and commissions for offering certain functionalities and/or services, even if they were initially offered free of charge, prior communication to the User or notice on the Platform itself, with the use of such prices being considered the User's agreement with such prices, after such notice.
SECTION SEVEN. HOURS OF OPERATION.
7.1 The hours of operation will be Monday through Friday from 8 am to 5 pm for incident reports or service requests through our support portal.
7.2 The resolution time for any request is from 2 (two) days to 8 (eight) business days depending on the nature of the request or incident reported by the User.
SECTION EIGHT. INTELLECTUAL PROPERTY.
8.1 The User acknowledges and agrees that all intellectual and/or industrial property rights related to the Platform, the contents and/or any other elements inserted in the Platform (including, without limitation, trademarks, logos, trade names, trade notices, texts, images, illustrations, photographs, graphics, designs, trade-dress, sounds, data, databases, icons, software, computer programs, source codes, flow charts, presentation, audio and video and/or any other intellectual and/or industrial property rights of any nature) belong to and are the exclusive property of Immiland, and/or have been licensed or authorized to Immiland.
8.2 Therefore, all content used on the Platform, such as artistic or literary works, trademarks, commercial notices, HTML code, scripts, texts, graphics, logos, buttons, icons, images, videos or programs, mobile applications and audios (collectively, the "Materials") are the property of Immiland, and/or have been licensed or authorized to it, and are protected by Mexican intellectual and/or industrial property laws.
8.3 Under no circumstances shall it be understood that access to the Platform and/or acceptance of the Terms and Conditions generate assignment rights, licenses and/or authorizations of any kind, in relation to any intellectual and/or industrial property rights, in favor of the Users or third parties.
8.4 The use of the expression "Immiland" or "Immiland Canada" as a trademark, trade name or domain name, as well as the contents of the screens relating to the Platform, programs, databases, networks and files, are, and shall remain, the exclusive property of Immiland, and are protected by applicable laws and international treaties on copyrights, trademarks, patents, utility models, inventions, industrial designs and other intellectual and/or industrial property rights. The improper use and/or total or partial reproduction of said contents is prohibited, except with the prior and express authorization of Immiland.
9.1 This section sets out the terms on which Immiland protects the information that is provided by the User when using the Platform. Immiland is committed to the security of its Users' data. When we ask you to fill in personal information fields with which you can be identified, we do so with the assurance that such information will only be used in accordance with the terms of this document.
9.2 In order to provide a personalized service, the Platform may collect Personal Data of the User, for example: name, email address and demographic information. Likewise, if necessary, specific information may be required to process and issue the corresponding service invoice.
9.3 The Platform uses the User's Personal Data in order to provide a personalized service, particularly and as the case may be, to develop a migration, academic or labor plan that suits your needs. It is possible that, in case you authorize it at the time of providing your information, you will be sent periodic emails with special offers, new products or services and information that we consider relevant to you, these emails will be sent to the address you provide and may be canceled at any time from the "Unsubscribe" section of the email received.
9.4 Immiland Cananada is highly committed to keeping your information secure, to this effect the Platform works with security systems in charge of verifying and avoiding any unauthorized access or use of the information contained in the Platform.
9.5 A cookie refers to a file that is sent with the purpose of requesting permission to be stored on your computer, by accepting such a file is created and the cookie can then recognize a User and therefore provide a personalized service.
9.7 The Platform may contain links to other sites that may be of interest to you. Once you click on these links and leave our site, Immiland has no control over the site to which you are redirected and is therefore not responsible for the terms or privacy or the protection of your Personal Data on third party sites. Such sites are subject to their own privacy policies and it is recommended that you consult them to confirm that you agree with them.
9.8 The User may restrict the collection or use of personal information that is provided on the Platform at any time. Whenever you are asked to fill out a form, such as a user registration form, you can check or uncheck the option to receive information by email. In case you have checked the option to receive our newsletter or advertising you can cancel it at any time from the "Unsubscribe" button.
9.9 Immiland Canada will not sell, give away or distribute the personal information that is collected without your consent, except in the event that such information is required by a judge through a court order.
SECTION TEN. GENERAL PROVISIONS.
The User understands and acknowledges that these Terms and Conditions have the legal nature of a contract and agrees that acceptance shall imply its binding to the terms and conditions contained herein. 10.2
If the User does not agree to these Terms and Conditions, the User must refrain from accessing and entering information on the Platform and from engaging Immiland's services in any capacity. 10.3 THE USER WARRANTS THAT HE/SHE HAS READ AND UNDERSTOOD ALL OF THE CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS, AND ACKNOWLEDGES HIS/HER AGREEMENT AND ACCEPTANCE AT THE TIME OF REGISTRATION OR USE OF THE PLATFORM. IF USER HAS ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS, USER IS ENCOURAGED TO CONTACT IMMILAND THROUGH USER SERVICE CHANNELS OR SEND AN EMAIL email@example.com BEFORE USING THE PLATFORM. 10.4
The User may not assign the rights and obligations under these Terms and Conditions without the prior written consent of Immiland. Immiland may assign the rights and obligations arising from these Terms and Conditions, without obtaining the prior consent of the User, by simple notice to the User. 10.5
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision shall be void in isolation and shall not affect the other provisions of these Terms and Conditions. 10.6
These Terms and Conditions shall be governed by and construed exclusively under the laws of the Province of Quebec, Canada. Before initiating any litigation, the Parties undertake to attempt to resolve disputes amicably. Where such procedure is unsuccessful and, depending on the nature of the relevant dispute, the Parties may submit any claim relating to these Terms and Conditions to the competent court of the Province of Quebec, Canada, as the competent authority to resolve such disputes. Questions and clarifications.
In the eventthat the User identifies any fraudulent activity or that, if any, violates provisions on immigration, intellectual property or otherwise by third parties, the User may report such situation to the email
: firstname.lastname@example.org to give follow-up and attention to such report.