IMPORTANT – Preliminary Note
In this legal document, the person making use of the Website, Software and/or Offered Products will be referred to as (“The User”).
The user agrees and acknowledges that by using or visiting any of MDC Canada Offered Products or Websites, they are entering into a legally binding agreement that shall regulate any use of MDC Canada Offered Products or Websites by the user or any third party on their behalf.
Furthermore, the user hereby agrees to the use of electronic communication to place orders, enter into contracts and accept delivery of notices, records and policies of transactions started or completed via MDC Canada Offered Products or Websites. Further, the user waives any requirements or rights under any regulations or laws in any jurisdiction that may require a non-electronic signature or retention or delivery of non-electronic records, to the degree allowed by the applicable mandatory law.
1.1 MDC Canada refers to Multi Dimension Consulting Canada LTD in 701 West Georgia Street, Suite 1500 Vancouver, B.C. V7Y 1C6, Canada and/or any of its subsidiaries, owners, divisions, officers, affiliates, directors, agents, employees, licensors or representatives.
1.2 MDC Canada’s registered office is in 701 West Georgia Street, Suite 1500 Vancouver, B.C. V7Y 1C6, Canada.
1.3 MDC Canada is the sole owner and operator of the Websites. Site or Website means any and all contents, elements and the “look and feel” of the website available at the Internet address https://mdccanada.ca and all of the related websites operated, owned or controlled by MDC Canada.
1.4 MDC Canada Offered Products, or simply Offered Products, refer to the use of the Software and any of the MDC Canada-related services and products available through any of the websites of MDC Canada, whether these are defined as Paid Products or any other MDC Canada products.
1.5 MDC Canada Software, or simply Software, means the proprietary web-based software of MDC Canada.
1.7 Intellectual Property means any and all rights connected to intellectual properties, including titles, interests, intangible legal rights, embodied in or evidenced by the user and/or any third party.
2. Access and License
A limited license to gain access to and use for personal purposes MDC Canada Offered Products and Websites has been granted by MDC Canada. The Websites and Offered Products are not to be downloaded or modified. The license does not permit any kind of resale or any commercial use of any of MDC Canada Offered Products or Websites or their contents, and/or any derivative use of any of MDC Canada Offered Products or Websites content.
3. Intellectual Property
4. Updates and Modifications
4.1 MDC Canada can, for any reason and at any time, discontinue or modify any feature or aspect of any of the Software, Offered Products or Websites of MDC Canada including but not limited to its functionality, content, pricing or availability.
4.2 Without detracting from the above statements, MDC Canada, at its sole discretion and without any obligation to do so, has the right to add new functions or features, change or subtract such or provide updates, programming fixes and upgrades to any of the Software, Offered Products or Websites of MDC Canada.
5. Paid Products
The user agrees and acknowledges that MDC Canada is a private corporation and that any fee the user pays is in return for submitting and handling the user’s application and is created to cover the time and financial resources expended by MDC Canada. Payments of all charges and fees to MDC Canada, when applicable, must be made using a valid charge or credit card and/or other kinds of accepted payments as outlined on the Website.
Such Paid Products are specified at the Website of MDC Canada, or are specified by its agents or personal. The user acknowledges that MDC Canada may, without prior notice and at its sole discretion, make conditions on the use (of a Group of users, of all users or one user’s use specifically) of any part of its Offered Products or Websites to exclude payments, include payments, modify or change such Paid Products, turn any unpaid products or Websites into Paid Products, and vice versa.
6. Eligibility software disclaimer
7. Transactions and Collection, third-party electronic and payment processors
The user of the Software and/or Offered Products takes full responsibility for paying all fees owed to MDC Canada. The user agrees that they shall not attempt to make any charge-backs and/or reverse or deny any fee payment they have made and will reimburse MDC Canada if there are any charge-backs, reversals or denial of payments they made as well as any loss suffered by MDC Canada as a consequence thereof. MDC Canada may, at its sole discretion, suspend the provision of the Software and/or Offered Products to specific users or to users paying with specific credit cards.
MDC Canada has the right to utilize third-party electronic payment processors and/or various financial institutions to process any payments made by the user when using the Software or the Offered Products.
8. Payment Fraud
MDC Canada has the right to perform credit checks on each user with the help of a third-party credit agency on the basis of the data provided to an application or by the user in any manner. If there is any suspicion of fraudulent payment, including the use of stolen credit cards, or any other fraudulent action (including any chargeback or other payment reversal), MDC Canada has the right to block the account of the user and reverse any refunds made, if any. MDC Canada is entitled to contact any relevant entities or authorities (including agencies for credit references) of any payment fraud or otherwise fraudulent activity and may use collection services to retrieve payments.
Multi Dimension Consulting Canada LTD is committed to protect and respect the user’s privacy. MDC Canada Strive to meet the compliance of the EU General Data Protection Regulations (GDPR), which came into effect on 25 May, 2018.
Main goal of meeting the GDPR compliance is to enable the user to have full control over his/her shared data with MDC Canada and/or its affiliates, and which information would be be broadcasted to him/her via selected communication channels, while protecting the user privacy and his/her absolute right to discontinue our services at any time, deny processing, unsign and unsubscribe from our site and to be removed immediately from all MDC Canada digital records if the user expressly wishes to do so, by sending an email to email@example.com or via any channel as mentioned on MDC Canada Contact Us page.
As a subject to the terms and conditions of the Privacy Statement, any material or communication the user posts or transmits regarding their use of the Offered Products will be treated as non-proprietary and non-confidential. The user assumes full responsibility for anything they transmit or post, and they grant MDC Canada the right to copy, edit, distribute and publish any content or information they transmit or post for any purpose.
In this respect, the user should be aware that if they voluntarily disclose any personal information (e.g. email address, username) in a chat room, bulletin board or on any other member- or user-generated pages, that information could be collected and used by other parties and may result in unsolicited messages from others.
Also, the user acknowledges that MDC Canada and its affiliates do not have control over the information available in the chat rooms and/or blogs related to its website, and that any advice, opinions, services, statements, offers or other information or content disseminated or presented in any chat room, bulletin board or on any other member- or user-generated pages are those of their respective authors, who are solely responsible for their content. MDC Canada has the right, at its sole discretion, to refuse to post, edit or remove any material posted or submitted in the chat rooms, bulletin boards or on any other member- or user-generated pages.
10. No Guarantee of Visa Acceptance, Official immigration authority, Initial assessment/Evaluation
10.1 The user understands that the among MDC Canada services an immigration evaluation service is offered by a Regulated Canadian Immigration Consultant. This evaluation is based on current Canadian immigration regulations and available immigration streams, and therefore there cannot be any guarantee that an evaluation process will result in a Canadian Visa and/or obtaining a Canadian Visa . As far as MDC Canada knowledge, the Canadian authorities treat all of the submitted applications in an equal manner.
10.2 MDC Canada is in no way involved in providing or issuing visas. The offered Products of MDC Canada do not guarantee expedited or better handling of visa applications. On the Citizenship and Immigration Canada website (https://www.cic.gc.ca/), and on MDC Canada website are detailed the minimum eligibility requirements. It is up to the user to study the requirements and ensure that they qualify within the stated guidelines. Please contact MDC Canada team if you have any questions.
10.3 The user accepts and understands that in order to receive an initial assessment by a Regulated Canadian Immigration Consultant and a member of the ICCRC in Canada (“The RCIC”), concerning the user’s probability of meeting the minimum requirements to start his/her immigration process or perusing a NON- Immigration Visa to Canada, the user is required to provide ALL of the following:
- the asked Payment for MDC Canada services (subject that the payment was not declined/Fraud/Charged-back or any other reason that the payment was not successful),
- the necessary information, and supporting documents asked by the MDC Canada team, as shown on the form on the MDC Canada website private section of the user, subject to that the user holds a valid User ID & Password granted to him by MDC Canada
- The user did not commit any fraud and/or misrepresentation in regard to the relevant information documents he supplied to the MDC Canada team and/or the RCIC and/or any third party involved (“The Initial Assessment”).
10.4 MDC Canada and the Regulated Canadian Immigration Consultants (RCICs) and/or other professional parties rely solely on the information presented by the user in every working and it is the obligation of the user to supply a true and accurate relevant information with the necessary supporting documents to support the details he/she provided, enabling MDC Canada to transfer his/her bundle of information to the RCIC and/or other third party professionals (all under the sole discretion of MDC Canada) for reviewing and assessing his individual case.) This information is only processed if consent is given by the user beforehand.
10.5 In a case, where the user fails to supply a true and accurate relevant information and/or the necessary documents and/or will not cooperate with the MDC Canada team or RCIC to gather the necessary information, MDC Canada will not be able to forward the user’s case to the RCIC, and in this case no Initial assessment and/or professional service/advice or feedback will be given and no refund will be granted to the user by MDC Canada. To avoid any doubt, the above-mentioned case is not limited in any way with the terms and conditions stated in this agreement concerning the refund policy of the MDC Canada and/or all of the other condition set in this agreement.
10.6 MDC Canada is in no way involved in providing the scoring and/or answers and/or professional feedbacks of the initial assessments, which is done solely by the RCIC signed on the assessment and/or other professionals in Canadian immigration services, therefore MDC Canada and/or any affiliated legal entities affiliated with it do NOT assume any liability in regard to professional feedbacks or scores given by the RCIC to the user and/or processing time and/or any matter derived from the initial assessment process in a direct or indirect manner.
10.7 Processing time for the results of the initial assessment done by the RCIC can take up to 21 business days from the date of purchase. This is subject to information that the user provides to the MDC Canada team through necessary information and supporting documents as shown in the top of the user personal application page and/or as shown on the letter that was sent to the user upon opening his initial assessment application.
11. No Warranties
11.1 MDC Canada is not responsible or liable for any malfunctions or disturbances that any of MDC Canada Software, Offered Products or Websites may cause to any other application, software or computer hardware system, including any data or information contained in such. MDC Canada is not liable for any disruptions of this kind.
11.2 MDC Canada Offered Products and Websites may offer a pre-release “beta” version of its Offered Products and Websites that may not be complete and may contain errors or inaccuracies that could cause loss of data or failures. MDC Canada is not liable for any disruptions of this kind.
11.3 MDC Canada may terminate any of MDC Canada Offered Products, Software or Websites, including Paid Products or any parts thereof, for updates, maintenance work or other reason, or suspend any such Offered Product, Software or Website, all at its sole discretion with no prior notice. MDC Canada is not responsible or liable for any such termination or suspension.
12. Fees & Refund Policy
12.2 MDC Canada Fees shall apply even if an application has been made impossible owing to events beyond MDC Canada control, including but not limited to: an act of war, any acts of nature, any visa program instruction changes – e.g. eligibility, details required or any other changes, limitations of a technological nature or economic resources, changes of procedural or legislative nature and/or state action. The user’s visit or use of any of the Websites of MDC Canada or our Offered Software or Products shall mean the user has understood and agreed with the refund policy that is specified herein.
13. No Responsibility for Content
MDC Canada Offered Products, Websites and all content, information, products, materials and services included or available to the user via any of MDC Canada Offered Products or Websites are offered on an “as is” basis. MDC Canada and any of its subsidiaries, owners, divisions, officers, affiliates, directors, agents, employees, suppliers, representatives or licensors make no warranties or representations of any kind, implied or expressed, as to the operation of any of MDC Canada Software, Offered Products, Websites or the content, information, materials, services or products included and available to the user via such Offered Products or Websites. The user understands and acknowledges that the content of data supplied through the use of any of MDC Canada Software, Offered Products or Websites is entirely the responsibility of the individual or entity from whom the content originated.
Furthermore, MDC Canada Offered Products or Websites may contain web links to other sites, and the user agrees and acknowledges that the content of such is entirely the responsibility of its authors. The user, therefore, may be subjected to content that is harmful to minors, offensive, indecent or objectionable, and the user’s browsing to such sites is at their own risk.
14. Immigration Laws and Regulations
There are frequent changes introduced to immigration regulations and laws, so their application may vary widely on the basis of specific circumstances and facts involved. The user shall bear the responsibility for consulting their own professional advisors on immigration regarding their specific circumstances. MDC Canada shall disclaim any responsibility with respect to the adequacy or accuracy of any positions that may be taken by the user in the course of their application.
15. Lawful Purposes
The user acknowledges and agrees to use MDC Canada Software, Offered Products or Websites solely for lawful purposes. Furthermore, the user declares that the source of funds used by them to use the Website and/or Offered Products is legal and that they will not utilize the Software, Offered Products and/or Websites in any way as a system to transfer money. The user shall not use the Websites, Software or Offered Products for any fraudulent or unlawful transaction or activity (money laundering included) under any law.
The user is responsible for, holds harmless of and indemnifies MDC Canada against any claims arising from any material they transmit or post.
During registration, the user will be allocated an IP address according to their state or area. That is a standard applied worldwide. In the registration process, MDC Canada may use the allocation for identification of the area where the user is making their call or connecting from (the identification of the area will not involve personal identification). The user must make all use of MDC Canada Offered Products or Websites from the area in which they have registered; the user must not lead, in any way, MDC Canada toward misidentifying the area from where they register (the means of misidentifying include use of proxy or other related software or service). The user’s consent and acknowledged that in the event of non compliance with these terms, may lead MDC Canada toward violation of any applicable laws or toward non-compliance with any such laws, and therefore the user shall bear the full responsibility for any such violation or non-compliance.
17. User ID
The user shall be the sole person that is authorized for the use of their identification and password; the user shall not be allowed to entrust other persons with access to or use of
their user identification and password. The user shall bear the responsibility for the usage of any MDC Canada Offered Products or Websites made with their identification number, and the user shall be responsible to maintain the confidentiality of their password and user identification. To implement security and unless otherwise noted, the user identification or password shall not be disclosed by MDC Canada in the event the user forgets or loses them, other than via sending them to the email address the user has provided at registration.
18. Confidential Information
The user is kindly asked to note that the sole confidential or proprietary information that we will require to fill in, includes credit card numbers or other personal information. The user shall supply that information in the forms that are needed to use our Software and/or Offered Products. The user will not be asked by MDC Canada to supply any other confidential or proprietary information via our Site.
19. Non-Confidential Information
All of the user’s non-personal information data or materials sent to MDC Canada shall be deemed as non confidential, and shall be used by MDC Canada, and treated as an
unrestricted and irrevocable license for us to use internally. This includes posts on public forums on our site and/or other social media platforms.
20. Use of Information
Regardless of the above sections, by registering with MDC Canada, the user shall
explicitly allow us to transmit commercial and promotional materials and advertisements by means of the Internet, telephone, facsimile or any other means of communication so long as the user has agreed to receive said information. Should the user choose to stop receiving such materials and advertisements, they are asked to notify the MDC Canada Privacy Officer at firstname.lastname@example.org
21. Security of information
MDC Canada and its Site protect users’ information by all precautions possible. When sensitive information is submitted by the user on our Site, it is protected online and offline. When the user enters such sensitive information (e.g. credit card numbers), that information is securely encrypted via SSL encryption software. While the user is on the secure page, e.g. a payment reply form, they can see the lock icon at the bottom of the web Browser to say the page is secure. In addition, our Website abides by the formal PCI security standards. We take utmost measures to ensure the security of the information the user submits as they use the Offered Products and Software.
With respect to the above mentioned, MDC Canada and our Site cannot provide a full guarantee of security of the information gathered as the user uses the Offered Products and Software and so shall not be in any way liable for any data compromise. In the unlikely event of breach of information, MDC Canada will notify the user (if their contact details were shared with MDC) in 72 hours from MDC Canada acknowledgement that its security was breached and a theft of information has occurred. If the user did not agree to the transfer or treatment of their information in the above way, they are kindly asked not to register.
22. Breach and/or Termination
MDC Canada may limit, suspend or terminate the user’s use of our Website, Software or any of our Offered Products, including our Paid Products, and may delete user’s ID and/or account, including the use of materials and content that are contained therein. MDC Canada may do that at any time under its sole discretion with immediate effect, without prior notification, with or without cause, and without any recourse.
MDC Canada shall not be held liable for any damage arising from or caused by the termination, suspension or limitation, irrespective of the reason for such Damage.
23. Disclaimer of Warranties
23.2 ALL MDC CANADA WEBSITES, SOFTWARE AND OFFERED PRODUCTS ARE PROVIDED FOR THE USER “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER; MDC CANADA AS WELL AS ANY OF ITS RELATED LEGAL ENTITIES SHALL NOT, EITHER EXPRESSLY OR IN AN IMPLIED OR STATUTORY MANNER, PROVIDE ANY WARRANTIES, REPRESENTATIONS OR CLAIMS REGARDING ANY OF THE MDC CANADA WEBSITES OR REGARDING OFFERED PRODUCTS OR SOFTWARE, INCLUSIVE AND WITHOUT LIMITATION OF WARRANTIES WITH RESPECT TO QUALITY, MERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR USAGE OR FOR A PARTICULAR PURPOSE. MDC CANADA AS WELL AS ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, OWNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AGENTS, SUPPLIERS, REPRESENTATIVES OR LICENSORS DO NOT IN ANY WAY WARRANT OR REPRESENT THAT THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF MDC CANADA SHALL BE ALWAYS ACCESSIBLE, AVAILABLE, UNINTERRUPTED, ACCURATE, TIMELY, COMPLETE, SECURE OR ERROR-FREE, OR THAT THEY SHALL OPERATE WITHOUT ANY PACKET LOSSES. NOR DO MDC CANADA OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, OWNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AGENTS, SUPPLIERS, REPRESENTATIVES OR LICENSORS WARRANT THE SUCCESS OR ACCEPTANCE OF A VISA OBTAINED THROUGH ANY WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF MDC CANADA.
23.3 The Websites of MDC Canada may permit the user to access websites of third parties. Such access to third-party websites and the use thereof, inclusive of any goods, information or services they make available, shall be governed by the terms and conditions, if any, that are displayed on each of those third-party websites.
24.1 The user shall agree to indemnify, defend and hold harmless MDC Canada, as well as its legal entities affiliated with, officers, employees, directors, owners, affiliates, divisions, subsidiaries, agents, suppliers, representatives or licensors with respect to any demands, expenses, damages, losses or costs, inclusive of reasonable attorney fees, that may be made by any third party against MDC Canada, owing to, arising from or in relation to their visit or use of the Websites, Offered Products or Software of MDC Canada.
24.2 In the event that some of the jurisdictions will not allow some limitations or exclusions as set forth above, in some cases such limitations or exclusions may not be applicable to the user. In such cases, there will be a limitation of liability, to such an extent as is legally possible, in compliance with the applicable legislation governed.
25. Limitation of Liability
25.1 THE USER AGREES AND ACKNOWLEDGES THAT MDC CANADA, AS WELL AS ITS OFFICERS, EMPLOYEES, DIRECTORS, OWNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AGENTS, SUPPLIERS, REPRESENTATIVES OR LICENSORS, SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO OR ARISING FROM THEIR VISIT TO ANY OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF MDC CANADA OR FROM THEIR USE BY THE USER.
25.2 IN NO CASE SHALL MDC CANADA, AS WELL AS ITS OFFICERS, EMPLOYEES, DIRECTORS, OWNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AGENTS, SUPPLIERS, REPRESENTATIVES OR LICENSORS BE DEEMED LIABLE WITH RESPECT TO ANY CONTRACT, WARRANTY, TORT (INCLUSIVE OF NEGLIGENCE), PRODUCT OR OTHER LIABILITY FORM FOR ANY DAMAGES OR INJURIES, WHETHER INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL (INCLUSIVE OF AND WITHOUT LIMITATION TO ANY DATA LOSS, INTERRUPTION, PECUNIARY LOSS OR COMPUTER FAILURE) THAT ARISE FROM THEIR VISIT OR USAGE OF ANY OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF MDC CANADA FROM THEIR INABILITY TO USE THE ABOVE LISTED WEBSITES, PRODUCTS OR SOFTWARE, EVEN IN THE EVENT THAT MDC CANADA OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, OWNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AGENTS, SUPPLIERS, REPRESENTATIVES OR LICENSORS HAVE BEEN NOTIFIED REGARDING THE POSSIBILITY OF OCCURRENCE OF SUCH DAMAGES.
25.3 THE USER’S SOLE RIGHT OR REMEDY IN RELATION TO ANY DISSATISFACTION, PROBLEMS OR DAMAGES CONNECTED TO VISITS OR USE OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF MDC CANADA SHALL BE TO CEASE THE VISITS OR USE OF THE ABOVE-MENTIONED WEBSITES, OFFERED PRODUCTS OR SOFTWARE.
In the event that it is established that MDC Canada is liable to the user (subject to the conditions set above) with respect to any loss or damage that arises from or bears any connection with the use of the present Site, Offered Products or Software, then the liability of MDC Canada shall not in any event exceed the amount the user has paid for the Paid Product.
27. Governing Law & Jurisdiction
27.1 Governing law & Jurisdiction – Resolution of Disputes. The user shall agree to the governing of all matters connected to their access or use of the Site and/or in regard to any issue derived from payment for services, (including any matter in regard to MDC Canada) Offered Products and/or Software, inclusive of all disputes, by the laws of Canada, without any regard to its provisions on conflict of law. The user shall agree to the implementing of the ONLY personal jurisdiction by, and to the venue in, the Court of British Columbia, Canada, and shall waive any objections to such jurisdiction or venue.
27.2 Agreed Limitation period – Any claim that arises under the User Agreement shall be brought within a term of one (1) year following the time that the cause of action arises and that will represent the agreed limitation period of any cause of action derived from the legal relationship between the parties, following the barring of such claim or of such cause of action.
27.3 Settlement in good faith & Mediation – In the case of any dispute or controversy that arises between MDC Canada and the user, and the parties to the dispute or controversy shall
attempt, as promptly as possible and in good faith, to manage to resolve such dispute or controversy without approaching to Judicial tribunals of the Court of British Columbia, Canada. In the event that the parties fail to resolve such dispute or controversy within a reasonable period of time (which shall not exceed thirty (30) days), either party shall be allowed to submit such dispute or controversy to mediation. In the event that the dispute or controversy cannot be resolved by mediation, the parties shall be able to pursue any applicable rights or remedies that are available under the applicable law.