APLICAR TECHNOLOGIES INC.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. If you have any questions or concerns about the terms of this Agreement, please contact us at email@example.com.
Part 1 - Services
Aplicar’s services described in this Part 1 consist of the following (collectively the “Services”):
- The Company will provide access to certain information, material or content (including, pricing, features, promotion and information of third parties) contained on or provided through the Website (the “Content”) to provide information to assist you through the process of becoming a student at certain Partners of Aplicar within North America;
- The Company will provide you with the ability to input Your Data into the Website and will act as an intermediary to pass Your Data to the Aplicar Partners in order to enable you to apply to Programs offered by such Aplicar Partners (each, an “Application”); and
- The Company will facilitate the Website, assisting you with communications with the applicable Partners, passing through Application fees and other payments associated with an Application, and providing guidance and advice associated with an Application.
Part 2 - License
Aplicar’s services described in this Part 1 consist of the following (collectively the “Services”):
The Company hereby grants you a personal, non-exclusive, revocable, non-transferable license to access the Website solely for the purposes of using the Services, view the Content (subject to any restrictions set out in the Content), and submit an Application to Aplicar Partners.
Any suggestions, bug reports or other communications respecting the functionality of the Website that you provide (a “Submission”), will be considered non-confidential and may be disseminated or used by us or any third party without compensation or liability to you for any purpose. You hereby grant Aplicar, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including for promoting, improving and developing the Website.
You do not acquire any intellectual property or other proprietary rights under this Agreement, including any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Website or Services, or any part thereof. Any rights not expressly granted under this Agreement are reserved to the Company or its third-party licensors.
Part 3 - Representations and Warranties
You covenant, represent and warrant that:
- you have reached the age of majority in your jurisdiction of residence and have the legal authority to create a binding legal obligation;
- you will not permit anyone other than yourself or your authorized designate to obtain access to the Website through your account or otherwise using your Access Information;
- you will only use the Website and Services in accordance with this Agreement and Applicable Law;
- you will comply with all applicable intellectual property laws in your use of the Website and Services Solution and not infringe, violate or misappropriate the intellectual property rights of any third party;
- you will comply with any Aplicar Partner policies and procedures applicable to your Application;
- Your Data is true, accurate, current and complete, and you will promptly notify us or update Your Data on the Website;
- to the extent that you engaged a Recruiter to provide Your Data on your behalf for the purposes of using the Website or receiving the Services that the Recruiter has a legitimate educational interest in access to your educational records and information (the “Educational Records”);
- you will not solicit any immigration or visa related advice, at any stage of a visa application or proceeding (including prior to a visa application being made), from a Recruiter unless you have confirmed that the Recruiter complies with Applicable Law in the country to which you are applying and, if required, confirming that the Recruiter has a registration pursuant to such Applicable Law;
- you will not pay a related fee or other consideration to any unauthorized Recruiters for any immigration or visa related advice unless they have confirmed to you that they are qualified under Applicable Law;
- you will be solely responsible for all activities with respect to the Website and Services undertaken by you or your designates;
- you will not use the Website to provide commercial services to, or for the benefit of, any third party;
- you have the right and the authority to enter into this Agreement, to grant the rights and licences referred to in this Agreement, to use the Website, and to post or upload any content to or otherwise provide such content and Your Data to us;
- you are not located in a country that is subject to a Canadian or U.S. Government embargo or sanctions that would prevent your from becoming a student;
- you are not listed on any Canadian or U.S. Governmental or Regulatory Authority lists of prohibited or restricted parties;
- you agree to obtain all authorizations necessary from all third parties for your use of any third-party data in conjunction with the Website and Services;
- You will cooperate with:
- Governmental or Regulatory Authorities in the investigation of suspected criminal violations;
- Aplicar Partners investigating academic fraud or other misdemeanours, relating to your Application or otherwise; and
- system administrators at Internet service providers, networks or computing facilities, and other content providers, in order to enable us to enforce the terms and conditions of this Agreement.
- You will promptly and accurately report to us any actual or apparent errors, problems, nonconformities or other difficulties with the Website, along with any other information requested to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consent to the collection, processing, transmission and disclosure of such information by us for our internal use to improve the Website and Services.
Part 4 - Restrictions and Limitations
The Website and Services will be subject to policies provided to you by Aplicar from time to time, including by posting on the Website and you are solely responsible for compliance with such policies.
Equipment - You are solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the Website, including your choice and use of your Internet Service Provider.
Data Integrity and Back-up - You acknowledge and agree that we cannot guarantee data integrity, and that it is solely your responsibility to back-up any of Your Data that you use in conjunction with the Website and the Services.
Restrictions on Use – In using the Website and receiving the Services, you agree not to:
- copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Website, or any part thereof;
- distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to the Website, in whole or in part, to any third party on a temporary or permanent basis;
- remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Content (including without limitation any copyright notice);
- attempt to hack the Website or to defeat or overcome any encryption or other technical protection methods implemented with respect to the Website, data or Content or programming transmitted, processed or stored by us or other users of the Website and Services;
- use any email address contained on the Website for purposes of solicitation;
- collect any information or communication about the users of the Website, by monitoring, interdicting or intercepting any process of or communication initiated by the Website or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
- use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the Website or any computer system or that are designed to monitor, distort, delete, damage or disassemble the Website or its ability to communicate and perform the Services; or
- authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in this Part 3 a) to w), or attempting to do so.
Part 5 – Data
In order to use the Website and receive the Services, all of Your Data (including financial data provided to our payment processor) provided to us must be complete and accurate and you must at all times provide up-to-date complete and accurate Personal Information or other data submitted by you to the Website or otherwise provided to us, including name information, contact information, citizenship and legal status, gender, date of birth, home and mailing address, marital status, emergency contact information, financial information, education qualification, employment information, educational information, transcript, test scores, passport details, information required for visa application, including financial and medical information (“Your Data”), as requested by us via the Website, and as required to process your Application.
Nothing herein transfers any ownership of Your Data to us in its original form.
Quality – Aplicar does not assess Your Data for quality or otherwise and together with all Aplicar Partners, is relying on the accuracy of Your Data in order to provide the Services. Any feedback that you receive respecting Your Data is not as the result of any specific examination of the data by us, or any judgment exercised by us respecting Your Data, but rather is solely based on the compliance requirements of Aplicar Partners.
Consent to Processing of Your Data - In providing the Services and Website, Aplicar will collect, process, transmit and disclose Your Data to Aplicar Partners and their service providers, and you hereby specifically consent to:
- Your Data being provided to third parties as part of the provision of the Services to you, and Governmental or Regulatory Authorities, as required; and
- communications from us (including e-mail communications, both marketing and informational) respecting the Services and other products to be offered by Aplicar.
Access Information - We will provide you with one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you or your authorized representatives to obtain access to the Website using the Access Information.
Part 6 - Changes to Terms and Conditions and Services
We reserve the right to change these General Terms at any time without notice. Your continued access to or use of the Website after any changes indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly.
We reserve the right to change, suspend or discontinue the Services and the Website at any time, including the availability of any Content at any time, and from time to time, without notice.
We retain the right to edit or remove any of Your Data that, in our sole discretion, we believe may be unlawful, obscene, abusive, or otherwise objectionable.
Part 7 - Suspension or Termination
We may impose limits on the Website or Services or terminate or restrict your access to parts or all of the Website without liability. We will use commercially reasonable efforts to provide you with advance notice of such changes, limitations or discontinuance; however, you acknowledge that such notice may not be feasible in all circumstances, and that we will have no liability whatsoever for its failure to provide such notice to you.
We reserves the right to revoke your access to the Website and Services for any abusive conduct or fraudulent use of the Website or Services and to cease your access if your use constitutes, in our sole discretion, a threat to Website or any third party’s computer systems, networks, files, materials or other data, or a breach of this Agreement.
We may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide the Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide; or (c) we believe that your actions may cause financial loss or legal liability for you, Aplicar Partners, other users or the Company. The actions in this Part 7 are not our exclusive remedies and we may take any other legal, equitable or technical action it deems appropriate in the circumstances. We will not have any liability to you or any third party in relation to the termination of this Agreement for any reason whatsoever.
Part 8 - Fees
You will pay all applicable fees in connection with the Services, which we may modify from time to time, as provided to you in the currency quoted. We reserve the right not to process your Application prior to obtaining full payment of fees. Depending on where you access the Services from, additional fees may be payable as part of submitting your Application, including those set by Aplicar Partners and other third parties. Fees payable are not refundable, including without limitation, if you fail to provide all necessary documents and information to complete an application, your visa is denied or you cancel your application before the applicable Aplicar Partner determines your eligibility.
Where you pay fees via credit card, you authorize us or our third-party payment processors to charge you for any and all fees incurred by you in relation to use of the Website and the Services. If your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection.
Late payments will be charged interest at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, calculated as of the due date for such payment.
You will also be responsible for paying for all reasonable fees and costs incurred by Aplicar, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
Part 9 - Taxes
You are responsible for all taxes relating to this Agreement, excluding on the net income of the Company. All amounts payable by you under this Agreement (unless otherwise noted) are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the Website, the execution of this Agreement or otherwise.
Part 10 - Term and Termination
This Agreement is effective on your acceptance on the Website. We may terminate your use of the Website, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your use of the Website and Services, you may do so by closing your Account, where we have made this option available to you. Your account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your account; and (iv) you have completed any other obligation(s) associated with your use of the Website and Services.
On termination or expiry of this Agreement, you must cease all use of the Website and Services. The termination of this Agreement by either Party does not affect any accrued rights, obligations or remedies of either Party.
Part 11 - Disclaimers
SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
WE ASSUME NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INACCURACIES, EFFECTIVENESS, STANDARDS COMPLIANCE, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENT PROVIDED THROUGH THE WEBSITE.
WE WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE TIMELINESS OR CONTINUED AVAILABILITY OF THE WEBSITE.
You acknowledge and agree:
- We have no control over Aplicar Partners or any other entity granting visas, admissions, permits or other authorizations in connection with the Application;
- the success of your Application is solely within the control of such third parties (subject to your full and proper submission of your respective Application(s);
- You are solely responsible for fulfilling any entry requirements necessary to gain admission into the country where your Program is located in compliance with Applicable Law and any requirements of Governmental or Regulatory Authorities;
- You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website;
- We cannot guarantee the confidentiality of any communications made by your through the Website, over the internet or over the telephone; and
- We cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
Part 12 – Indemnity and Limitation of Liability
You will indemnify, defend and hold harmless the Company, and all of its officers, directors, employees and agents, its parent company, subsidiaries and affiliates, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, directly or indirectly due to, arising out of or in connection with your access to and use of the Website and Services, including without limitation any third-party obtaining access to the Website through your Access Information, and your violation of any Applicable Laws. You further release Aplicar from all liability in relation to your Application.
SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APLICAR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Part 13 - General
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provision of this Agreement and the Agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
The laws of the Province of British Columbia and the federal laws applicable therein shall govern this Agreement, without giving effect to conflicts of laws principles.
Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to Aplicar or its business can be directed to: firstname.lastname@example.org