EN 
FR CanadaGMC Terms of Use
This Terms of Use agreement (“Terms of Use“) (including any other document referred to herein, which is deemed a part thereof) applies to, governs and regulates any and all use of CANADA GMC Services websites and offered products, and any relationship between WorldMigration Unipessoal LDA (referred to as “Canada Global Migration Consultants“, “CANADA GMC“,”we” or “us“) and the users of CANADA GMC (for easier legibility sometimes referred to as “you”). If you do not agree to be bound by or accept any part of these Terms of Use, you may not use the website or any of the products or services of CANADA GMC. Any use of our Website, Products, Software and/or additional services shall be deemed as your acceptance and waiver of any rights or requirements under any law (including regulation or case-law) in any jurisdiction which contradicts these Term of Use, or any laws requiring an original (non-electronic) signature or delivery or retention of non electronic records, to the extent permitted under applicable mandatory law. If any limitation under any applicable law prevents or limits your ability to be bound by the Terms of Use or any part thereof, you may not use any of CANADA GMC’s websites or offered products or services and by using such you hereby explicitly represent and warrant that you are in full compliance with any applicable laws (including regarding limitation applied on your ability to enter into agreements or using such due to age or any other limitation under law). CANADA GMC is owned by WorldMigration Unipessoal LDA, a private corporation registered in Portugal under the company number 516707744 with its registered office at Avenida da Boavista, no. 1679, 6th floor, room 6.1, Porto 4100-132 Portugal, and operational address at Robert Robinson Avenue, Littlemore, Oxford OX4 4GBP, UK. Neither CANADA GMC nor any of its subsidiaries, directors, officers, or employees, nor, to the knowledge of CANADA GMC, any agent, affiliate or other person associated with CANADA GMC, is not currently associated with, or part of, the Canadian government, nor does it claim, pretend or purport to be, in any way, a subsidiary, affiliate, division, agency or any other part of, or otherwise connected to the Canadian Government.
1. TERMS OF USE DEFINITIONS
In these Terms of Use, the following capitalized definitions are being used.
1. “CANADA GMC.com” and/or”CANADA GMC” shall mean, WorldMigration Unipessoal LDA and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Our website (CANADA GMC.com) is owned by us and operated on our behalf by WorldMigration Unipessoal LDA, a private company registered in Portugal under the company number 516707744 with its registered office at Avenida da Boavista, no. 1679, 6th floor, room 6.1, Porto 4100-132 Portugal.
2. “CANADA GMC’s Website/s” or “Website/s” shall mean, any and all items, wording, photos, and contents on the website available under the domain: www.CANADA GMC.com.
3. “CANADA GMC’s Offered Products” or “Offered Products” shall mean, the use of the software, if applicable, and any of CANADA GMC’s products and related services available via any of CANADA GMC’s Websites, whether they are Paid Services, as defined hereunder, or any other product provided by CANADA GMC.
4. “CANADA GMC’s Software” or “Software” shall mean, CANADA GMC’s proprietary web-based software.
5. “Intellectual Property” shall mean, all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights, and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
6. “Terms of Use” or “User Agreement” shall mean, these Terms of Use (i.e., this document) as updated, renewed, modified, and/or amended from time to time.
2. ACCESS AND LICENSE
CANADA GMC grants you a limited, non-exclusive and revocable right and license to access and make personal non-commercial use of CANADA GMC’s Websites and Offered Products. You must not do any of the following with CANADA GMC’s Websites, Offered Products, Software, programs, computers, servers, networks (our “Systems”) or data, except to the extent expressly permitted by these Terms of Use:
1. Download (other than page caching), reproduce, reverse engineer, modify, adapt, merge, disassemble, compile, create derivative works of, copy, reproduce, translate, transfer, publish, distribute, sell, resell, rent, loan, license, sublicense or exploit, in any way, our Systems or any portion thereof, for commercial use;
2. Gain or attempt to gain any unauthorized access to our Systems, or make any use of data mining tools, robots, bots, automated software, hacks, exploits, mods or any other similar data gathering or extraction tools or any unauthorized third-party software or tools designed to access, modify or interfere with our Systems or access any of our Systems or data that are not made available for public use;
3. Frame or utilize framing techniques of our Systems for the purpose of enclosing any trademark, logo, or other proprietary information (including images, text, page layout, or form);
4. Use any Meta tags or any other “hidden text” using CANADA GMC’s name, trademarks logos or any other proprietary information.
5. You are granted with a limited, revocable, and non-exclusive right to create a hyperlink to CANADA GMC’s Websites provided that the link does not portray CANADA GMC or any of its products, including without limitation, Offered Products, Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter.
3. PROPRIETARY INFORMATION
Any of CANADA GMC’s Systems, Offered Products or Websites, and any part thereof, including without limitation, all current and future information of a proprietary nature relating, in any way, to CANADA GMC, whether oral or written, whether analog or digital, including, without limitation, licenses, texts, graphics, buttons, text, images, artwork, icons, sounds, videos, names, systems, designs, computer programs, source code, concepts, techniques, processes, methods, formulas, development or experimental work, work in progress, inventions, know how, cost data, marketing plans, product plans, business strategies, financial information, forecasts, personnel information, customer lists, trade secrets and any other information related to our business, Intellectual Property and any similar or equivalent intellectual property rights recognized in any territory, and any other application, extension or information related thereto, whether registered or unregistered, whether protected under any intellectual property or copyright law in any territory or not, whether our own or licensed to us by third parties, are considered our “Proprietary Information”. You must not use any of our Proprietary Information unless expressly permitted under these Terms of use and only to the extent permitted, and none of the provisions of these Terms of Use shall be construed as allowing or permitting you anything to the contrary.
4. NO RESPONSIBILITY FOR CONTENT
1. CANADA GMC’s Websites, Software and Offered Products, and any information, content, materials, products, and services contained, included or otherwise made available to you through our Websites, Software or Offered Products are provided to you for general information purposes only and on an “as is” basis. while we endeavour to keep any information and content on our Websites, Software and Offered Products up to date and correct, we or any on our behalf make no representations or warranties of any kind, express or implied, as to the operation of any of our Websites and Offered Products or to the completeness, accuracy, timeliness, reliability, suitability or availability of any such information, content, materials, products or services included on or otherwise made available to you through our Websites or Offered Products. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our Websites, Offered Products or Software.
2. Our Websites, Offered Products or Services may contain links to other websites or services, the content of which is entirely the responsibility of its respective authors. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them and have no control over the nature, content and availability of any such websites or services. By using any such links you may be exposed to content that is offensive, harmful to minors, indecent, or otherwise objectionable to you. You acknowledge and agree that CANADA GMC is not, and will not be held, responsible or liable for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.
3. Subject to the terms and conditions of the Privacy Statement hereunder, any communication or material you post or transmit relating to your use of our Websites, Offered Products or Software will be treated as non-confidential and non-proprietary. You are fully responsible for anything you post or transmit, and hereby grant CANADA GMC with the irrevocable an unlimited right to edit, copy, publish and distribute any information or content you post or transmit for any purpose, including but not limited to your registration to our Websites and/or Offered Products, and application for a visa. If you object to your Information being used in this manner, please do not register.
4. You should be aware that any information, personal (e.g. user name, email address, etc.) or otherwise, which you voluntarily disclose on any bulletin board, chat room or on any other user or member generated pages, can be collected and used by third parties and may result in unsolicited messages from other parties In this respect, please note that the Websites and Offered Products may be include such chat rooms, bulletin boards and other user and member-created pages that grant you and other users and members the ability to post information, provide feedback to CANADA GMC, and interact in real- time.
5. You acknowledge that CANADA GMC does not control the information available on the bulletin boards, chat rooms and other user and member generated pages and may include opinions, advice, statements, services, offers or other information or content presented or disseminated by other users or member and not under the control of CANADA GMC. Such respective authors of any of the above are solely responsible and liable for content they post. Without derogating from the above, CANADA GMC reserves the right, in its sole discretion, to edit, refuse to post, or remove any content or material submitted to or posted in the chat rooms, on bulletin boards, or on any other user or member generated pages.
5. PRIVACY STATEMENT
Please be aware that any data collected in relation to the use of our Website and Offered Products, and personal data you provide us, will be used in accordance with our Privacy Policy. Please read our Privacy Policy carefully.
1. Upon registration, you acknowledge and agree to share certain personal information which we require for the purpose of confirming your identity and ensuring the security of your deposits. This information is collected in accordance with our stringent verification procedures which are used to deter money laundering operations and ensure legality.
2. You undertake to provide us with true and accurate details about your identity and update us about in change thereto.
3. Our data collection procedures include the collection of information you disclose freely. We may also collect information using cookies for the purposes of gathering data about the manner in which our users interact on our Websites and Offered Products and independent research. The information we collect may also be used to offer you with suggestions for additional products.
4. We will never disclose to third parties any personal or otherwise confidential information related to or provided by you without your express consent, except where disclosure is required by law or is otherwise deemed necessary for the purpose of verification analysis of your identity. Your purchase of additional services will be deemed as your expressed consent to transfer any required information to any third-party providing you with such services.
5. You acknowledge and agree that all Users will read and understand Our Privacy Policy before accessing or using any of our services. By using our services, you acknowledge that your data will be processed in accordance with our Privacy Policy and these Terms of Use, in the country where it was collected or any other country where we operate.
6. By using our services or submitting your information through our services, you expressly consent to such processes. Any personal information you provide about a named person or entity that is not registered for our services, you represent that you have their express consent to do so.
6. LAWFUL PURPOSES
1. You agree and undertake to use any of CANADA GMC’s Websites or Offered Products or Software for lawful purposes only. You must not, without limitation: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, Trojan- horse, time bomb, or any other codes or instructions that are designed to distort, delete, damage or disassemble any of CANADA GMC’s Websites or Offered Products or Software or any other communication; (c) send any unsolicited commercial communication not permitted by applicable law; or (d) expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violates the rights of others, or otherwise violates any applicable local, state, national or international law or is otherwise objectionable.
2. Furthermore, you declare that the source of funds used by you in relation to the Offered Products and/or through the Websites is not illegal, and that you will not use the Offered Products and/or Software and/or Websites in any way as a monetary transfer system. You will not use the Offered Products and/or Software and/or Websites for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.
7. INDEMNIFICATION
You agree and undertake to indemnify, defend and hold harmless the CANADA GMC and any connected party from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
8. MODIFICATIONS AND UPDATES
1. CANADA GMC reserves the right, at its sole discretion, to modify or discontinue any aspect or feature of any of CANADA GMC’s Websites, Offered Products and/or Software, at any time and for any reason, including but not limited to its content, functionality, availability, or its pricing.
2. Without derogating from the above, CANADA GMC reserves the right, at its sole discretion, to add or remove or change any features or functions of its Websites, Offered Products and/or Software, including for the purpose of providing programming fixes, updates, and upgrades. You acknowledge and agree that CANADA GMC has no obligation to make available to you or any other party, any subsequent or previous versions of any of CANADA GMC’s Websites, Offered Products, and/or Software.
9. PAID SERVICES
1. You acknowledge and agree that CANADA GMC any fee payment you make to us is in return for the handling, storage, and processing of your information and documents, and is designed to cover CANADA GMC’s costs and time. Payments to CANADA GMC, for any fees or charges, if applicable, shall be made using a valid credit card, charge card, debit card and/or other forms of accepted payment as designated on our Websites for paid services specified on our Websites (“Paid Services”).
2. CANADA GMC may, at its sole discretion, without prior notice and to all or part or specific users, condition the use of all or any part of its Websites, Offered Products Software or other services, to include or exclude payments, change or modify Paid Services, turn unpaid services or Websites or Offered Products or Software (or any part thereof) into Paid Services, and vice versa. Any and all of the terms and conditions in these Terms of Use, including without limitation, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Services, except if explicitly stated to the contrary in these Terms of Use or in any other provision, term and/or condition brought to your attention prior to such payments.
3. Subject to the terms and conditions of these Terms of Use including, without limitation, the payment of our fees, a user may use the Software to check their eligibility for the various visa or immigration options. The offered 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.
10. TRANSACTIONS, PAYMENT FRAUD, AND COLLECTION
1. If any problem regarding any subject occurs, including financial reimbursement, please do not hesitate to contact CANADA GMC’s customer service department. In case of solving the problem unilaterally by the customer through the cancellation of transaction by the bank, CANADA GMC reserves the right to contact the bank and submit a re-presentment letter in order to claim for the funds back. CANADA GMC may, at its sole discretion, cease to provide the offered products and/or Software to certain users or to users paying with certain credit cards.
2. CANADA GMC reserves the right to perform credit checks and any other validation that may be required, for any users, with third-party credit agencies, based on the payment details and any other relevant information provided to us by you in your application or in any other manner.
3. CANADA GMC reserves the right to use a third party electronic payment processors and/or financial institutions for processing payments made by you in connection with your use of our services, Websites, Offered Products and/or Software.
4. If we suspect or encounter, at our sole discretion, suspected or fraudulent payments, including use of stolen credit cards or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block the suspected user account and cancel any refund made, if any. We may also inform and report to any relevant authority or entity (including credit reference agencies) of any fraudulent payment or any other unlawful activity, and employ collection services for the recovery of any payments.
11. NO GUARANTEE OF VISA ACCEPTANCE
1. You understand that the Visa Programs are an evaluation procedure that is based on CANADA authority, and therefore there cannot be any guarantee that a visa will be granted.
2. CANADA GMC is not involved in any way in, and has no authority in regard to, issuing immigration or other visas. We emphasize that CANADA GMC simply provides data regarding the current status of the relevant CANADA legislation and eligibility requirement, as it is aware of and without giving any formal or other representation thereof. The CANADA government may, at any time, amend or cancel its legislation, directives, interpretation, or policies, including as to immigration programs that are referred to in the CANADA GMC website or services or products.
3. Minimum eligibility requirements as published by CANADA authorities are detailed and listed on CANADA GMC’s websites. It is up to you to review the requirements and ensure that you qualify within the guidelines. If you have any questions, please visit www.CANADA GMC.com
4. CANADA GMC does not provide, and is not licensed to provide, in any capacity, legal consultation, representation, advice and/or services, including under the Legal Services Act 2007 or any other applicable law, nor does it claim, pretend or purport as such, and does not provide, and is not licensed to provide, in any capacity, immigration advice and/or services, including under the Immigration and Asylum Act 1999 or any other applicable law, and whether related to immigration or not, nor does it claim, pretend or purport as such.
5. Authorized Representatives
- You acknowledge and agree that CANADA GMC, at its sole discretion, may grant limited access to its Websites and/or servers, to third-party immigration or visa consultants or lawyers, who are licensed and/or authorized to provide visa or immigration services for a fee. Any access to the GIC Websites and/or servers granted to any such representative does not establish a consultant-client or attorney-client relationship between you and the authorized representatives.
- You acknowledge and agree to allow access to such authorized representatives and individuals appointed by them, to personal information and documents uploaded by you to the CANADA GMC Websites and/or servers. The authorized representatives, under agreement with CANADA GMC, may assess the qualifications of the user for a immigration or other visa. Such assessments are performed on the server-end and are done on an “as-is” basis. These preliminary eligibility assessments do not constitute personal immigration or visa advice and do not guarantee the issuance of an immigration or other visa, or any other documents to you.
- Qualified users/clients who are seeking services that fall within the scope of Part V of the Immigration and Asylum Act 1999 are encouraged to retain the services of an authorized representative, as designated by the Immigration and Asylum Act 1999.
12. FEES & REFUND POLICY
1. Any fee you pay us will be applied toward covering our costs and time involved in providing our services to you. Should you choose to pay our fee by credit card, your card will be charged immediately upon purchase, even if we do not commence work at such time. By visiting or using any of CANADA GMC’s Websites or Offered Products or Software you understand and agree to the refund policy specified herein
2. We do not guarantee any outcome and no refund shall be made in case the intended outcome is not reached. We treat all of our client’s cases with the utmost seriousness and will do our best to ensure that the case is successful. It should be understood that our clients are paying us for our expertise and for our work and time on a case, and while we will always endeavor to achieve a positive result, we do not guarantee the success of any matter that we are retained for, and you will not be eligible to any refunds because a case was unsuccessful.
3. Refunds shall be given at the sole discretion of CANADA GMC, 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 Products.
4. Without derogating from any provision of these Terms of Use, if CANADA GMC suspects, at its sole discretion, that you are in breach of these Terms of Use, including, without limitation, by attempting to hinder or harm the operation or use of any of CANADA GMC’s Websites or Offered Products or Software, by creating any other problems or legal liabilities, by infringing upon another’s intellectual property rights, by engaging in fraudulent, immoral or illegal activities, by filing an application made impossible by any circumstances beyond our control (such as due to an act of war, acts of nature, changes in the visa program instructions or qualifications, such as eligibility, required details or other changes, technological limitations, economical resources, legislative or procedural change and/or state action) any fees paid will not be recoverable and you will not be eligible to refund.
5. You may submit a refund request by contacting us by either phone or email. Our management will consider any refund request submitted to us and thereafter make their decision in reasonable time. In this regard please note that we endeavor to respond to all refund request within 3 to 4 business days, however responses to some refund requests may require a longer period, based on the information submitted to us and the nature of the request. In any event, registration fees are not refundable if you have already submitted, or commenced the submission or filling process, of at least one application, even if an application was not submitted due to lack of information. In any event a refund is considered, CANADA GMC may, at its sole discretion, make deduction for the time, work and efforts spent on the case, at a rate of USD 300 per hour.
6. Any refund shall be performed using only the same method the payment was made to CANADA GMC.
13. USER ID AND PASSWORD
You are the only person authorized to use your user identification and password, and are solely responsible for your use of any of CANADA GMC’s Websites or Offered Products or Software, and for maintaining the confidentiality of your user identification and password details. Do not allow or permit access to your identification and password to any other person. For security purposes, unless stated otherwise in our policies, CANADA GMC shall not disclose your user identification or password details to anyone, and if you lose or forget them recovery will be available by sending it to the email address you provided during registration.
14. CONFIDENTIAL INFORMATION
1. Except for payment information and other personal information that you are required to submit in the forms available on the Websites and/or Offered Products, CANADA GMC request any personal, confidential or proprietary information from you.
2. Subject to our Privacy Policy, any information or materials you send CANADA GMC in any other means will be deemed as non-personal non- confidential information, and by sending it you grant CANADA GMC an unrestricted, irrevocable license to use, reproduce, copy, display, perform, modify, create derivate work of, transmit and/or distribute any such materials or information, including any ideas, concepts, know-how or techniques therein, for any purpose.
15. COMMUNICATIONS
Subject to our Privacy Policy, upon submission of your registration you hereby expressly consent and opt-in to receive business and service related materials and communications, marketing, commercial or promotional materials, and advertisements of any kind and type, from CANADA GMC, whether its behalf or on behalf of a third party, via the Internet, telephone, facsimile, email or any other means of communications. If you wish to opt-out and cease to receive such marketing, commercial or promotional materials and advertisement, you may do so by contacting our customer service at support@canadagmc.com. You may not opt-out of receiving business and service related materials and communications.
16. SECURITY
CANADA GMC takes great care and efforts in implementing and maintaining security measures for our Websites, Offered Products and Software, to safeguard your personal information, and use industry standard procedures to ensure the confidentiality, integrity, and availability of our data and do not allow unauthorized use of any such data. When users are asked to enter sensitive information (such as credit card numbers) such information is encrypted and is protected with SSL encryption software. However, even though we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and we cannot guarantee that hackers or unauthorized personnel will not gain access to information despite our efforts. If you object to your Information being transferred or treated in this way please do not register.
17. SUSPENSION, CANCELLATION AND TERMINATION
1. These Terms of Use and the licenses granted under it shall remain in effect until terminated. CANADA GMC may, at its sole discretion, amend these Terms of Use at any time by posting the amended Terms of Use on the relevant CANADA GMC Websites. Any amended Terms of Use shall govern new user registrations from the date that it is posted on such websites. Existing users shall be bound by the amended Terms of Use 14 days following the date posted, and your continued use of the Software following such date shall mean that you accept and agree to the amendments. No other amendment to the Terms of Use shall be effective.
2. We may temporarily discontinue or suspend our Websites or Offered Products, at any time, for the purposes of upgrades, maintenance or other administrative reasons. We will take reasonable efforts to limit the length of any such suspension.
3. You may terminate your account at any time and for any reason by phone or emailing our customer support center at support@canadagmc.com and your account will be terminated within 30 business of receipt of your termination order.
4. Without prejudice to the other provisions in these Terms of Use and without limit to any other remedies available to it, CANADA GMC may limit, suspend, or terminate your use of our Website, Offered Products (including Paid Services) and Software, and delete your user account and/or user ID, preventing your use of any content or other material contained therein, at any time, with or without cause, and without any recourse, with immediate effect and without any requirement for prior notice, and you will not be entitled to any compensation or any refund.
5. Without derogating from or limiting any remedy available to us, CANADA GMC shall have the right to immediately terminate your access to or use of our Website, Offered Products (including Paid Services) and/or Software in the event of any breach, violation or failure to abide by these Terms of Use or conduct which, in CANADA GMC’s judgment, harms or interferes with the operation or use of the Websites, Offered Products and/or Software. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, these Terms of Use.
6. CANADA GMC shall not be liable or have any obligation to compensate the users for any damages, loss of earnings, loss of benefits and any other loss caused by the suspension or termination or your account and/or user ID, regardless of the reason thereof.
18. DISCLAIMER OF WARRANTIES
1. Your access to and use of our Websites, Offered Products or Software is provided to you “AS IS” and “AS AVAILABLE” for your use without warranties of any kind, including but not limited to the security provided with regards to the transmission and storage of data, and the availability of our services
2. THE WARRANTIES INCLUDED IN THE TERMS OF USE SHALL CONSTITUTE THE ONLY WARRANTIES PROVIDED BY CANADA GMC AND ANY ON ITS BEHALF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO OUR WEBSITES, OFFERED PRODUCTS OR SOFTWARE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, COMPATABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF OUR WEBSITES, OFFERED PRODUCTS OR SOFTWARE; OR (II) THAT OUR WEBSITES, OFFERED PRODUCTS, SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, OPERATE WITHOUT PACKET LOSS, ERROR OR BUG FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OUR WEBSITES, OFFERED PRODUCTS OR SOFTWARE; OR (IV) ACTION BY OTHER USERS OR CONTENT PROVIDED BY THEM; OR (V) ACCOUNT UPDATES OR TERMINATION.
3. CANADA GMC shall not be held responsible or liable for any disturbances or malfunctions that any of CANADA GMC’s Websites, Offered Products or Software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained therein.
4. CANADA GMC’s Websites, Offered Products and Software may include a pre- release ‘beta’ version that may be incomplete and may contain inaccuracies or errors that may cause failures or loss of data.
5. CANADA GMC’s Website may permit you access to third-party websites. Your access to and use of any third-party websites, including any goods, services, or information made available from such websites, is governed by the terms and conditions found at each third-party website if any.
19. LEGAL RESTRICTIONS
CANADA GMC shall not be responsible or take any liability with regard to the legality of any use of our Website, Offered Products or Software, or any other activity that you choose to do, under any law applicable to you. Your ability to access our Website, Offered Products or Software does not necessarily mean that our services or your activities are legal under any law, regulation, or directive applicable to you, and it is your responsibility to ensure this.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL CANADA GMC OR ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITES, OFFERED PRODUCTS, SOFTWARE AND/OR ANY OTHER SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, LOSS OF DATA OR UTILITY OF THE SERVICES PROVIDED AS PART OF OR THROUGH OUR WEBSITES, OFFERED PRODUCTS, SOFTWARE, WHETHER THE DAMAGES ARE FORESEEABLE AND OR NOT AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE CANADA GMC’S MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE LESSER OF: (I) AMOUNTS PAID TO US FOR AND/OR IN RELATION TO USE OF OUR WEBSITES, OFFERED PRODUCTS, SOFTWARE IN RESPECT TO THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM OR CAUSE OF ACTION ALLEGEDLY AROSE; OR (II) (b) GPB 50. IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN REGARD TO OUR WEBSITES, OFFERED PRODUCTS, OR SOFTWARE, THEN WE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET FORTH ABOVE, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY WILL BE LIMITED AS FAR AS LEGALLY POSSIBLE UNDER THE APPLICABLE LAW. IN ANY CASE, ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY CANADA GMC WITH RESPECT TO OUR WEBSITES, OFFERED PRODUCTS OR SOFTWARE: (1) ARE FOR THE BENEFIT OF REGISTERED USERS WHO COMPLY WITH THESE TERMS OF USE; AND (2) SHALL BE NULL AND VOID IF YOU BREACH ANY TERMS OR CONDITIONS OF THESE TERMS OF USE.
21. INDEMNIFICATION
You agree and undertake to indemnify, defend and hold harmless CANADA GMC and any connected, affiliated or related entity or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, with respect to any claims, demands, actions, liabilities expenses, damages, losses or costs, including, without limitation, reasonable legal fees, made by you or any third party due to or arising out of your breach these Terms of Use, or in relation to your accessing or use of our Websites, Offered Products or Software of CANADA GMC’s. If some of the jurisdictions will not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such cases, there will be a limitation of liability to such an extent that is legally possible with the applicable legislation governing.
22. IMMIGRATION REGULATIONS AND LAWS
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. CANADA GMC disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
23. GOVERNING LAW
Resolution of Disputes. You agree that all matters relating to your access to or use of our Websites, Offered Products, and/or Software, including all disputes, will be governed by the laws of Portugal without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in Portugal and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between CANADA GMC and you arising out of or regarding your use of our 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, and no more than thirty (30) days, either party may move the 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.
24. MISCELLANEOUS
1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
2. The Terms of Use do not limit any rights that CANADA GMC may have under trade secret, copyright, patent, or other laws. The employees of CANADA GMC are not authorized to make modifications to the Terms of Use or to make any additional representations, commitments, or warranties binding on CANADA GMC, except for those made in writing signed by an authorized officer of CANADA GMC. If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the minimum extent possible, deemed omitted and the remaining provisions will continue in full force and effect.
3. In the event that any provision in these Terms of Use is held to be unlawful or unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms in these Terms of Use shall remain in full force and effect.
4. Nothing in these Terms of Use creates any agency, employment, joint venture, or partnership relationship between you and CANADA GMC, or authorizes you to act on behalf of CANADA GMC.
5. Unless be expressly stated otherwise in these Terms of Use, these Terms of Use and the Privacy Policy constitute the entire agreement between CANADA GMC and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
6. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder without our prior written consent of, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided upon registration. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING ANY OF CANADA GMC’S SERVICES’ WEBSITES OR OFFERED SERVICES OR SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CANADA GMC THE RIGHTS SET FORTH HEREIN.