Canadian Waivers - Terms and Conditions & Disclaimer
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS CANADIAN WAIVERS WEBSITE.
Welcome to the Internet site of Canadian Waivers. ("CW"). These Terms and Conditions apply to this CW Website. By using this CW Site, or any of the products or services (collectively the "Services") available on this CW Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular CW Site or Service, all as may be modified by CW from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use this CW Site or any of the Services on this CW Site. By accessing www.canadianwaivers.org you acknowledge our terms of use and agree to follow them. If you do not agree do not access this site.
CW reserves the right to modify, alter or update content, terms, conditions and disclaimers at any time and you agree to be bound by such modifications, alterations or updates. Canadian Waivers is not responsible in any way for any damages that may arise from using this website and browser.
CW reserves the right to change the Terms and Conditions prior to any payment and purchase made. After a purchase is made CW will honour the Terms and Conditions that were agreed upon at the time of purchase. Any changes to the Terms and Conditions after that point will not apply to individuals who have already made a purchase.
Site Policies
1. |
CW helps its customers navigate through the bureaucracy associated with the filing and processing of applications for pardons and entry waivers. Any content on this website is intended for general informational use only and will not replace or supersede financial, legal or accounting advice. If you require such information, please consult a qualified professional. |
2. |
CW guarantees you our best efforts in assisting you with your Pardon and Entry Waiver applications. |
3. |
Any information you provide us with becomes the sole property of Canadian Waivers and may be used freely by our company. However, we take your confidentiality very seriously and will not reproduce, alter or sell your information to third parties without your permission. Any information provided through other mediums (such as cell phones or regular mail) are not secure and it is possible they may be subject to alteration or interception or may be lost. If such is the case, Canadian Waivers is not responsible for any damages as a result of the above-stated actions. |
|
4. |
By completing an on-line application you authorize CW to start working on your behalf. All fees for our services become due immediately unless you have made other payment arrangements with CW. If a payment plan is arranged, monthly payments will automatically be charged on your account without prior notice to you. |
5. |
CW will work diligently but cannot guarantee a time frame when you will receive your results as these are based on the response times of the government agencies involved. |
6. |
CW cannot give guarantees of any sort regarding the granting of an Entry Waiver. |
7. |
You are responsible for shipping your documents to the appropriate CW office at your expense. |
8. |
CW reserves the right to reject any application. |
9. |
CW may from time to time provide other services that relate to the removing of records, whether criminal or not. CW does not guarantee those services, nor the fees related to said other services. |
10. |
In order to be eligible for an expedited service, if available, applicants must pay all fees in full at the time of application. |
11. |
We make our best effort to ensure that all fees, rates, and information are current as much as possible, but they are subject to change at any time without prior notice. |
12. |
Non-payment of fees in a timely manner may result in your file being placed on hold and a late payment fee of $150 being charged to your account. It may take up to 30 days for work on your file to be resumed after a late payment has been made. |
13. |
A $50.00 fee will be charged to your account for a missed payment, including a declined credit card payment. |
14. |
If you have made a full payment for our services but we have not received your information within two years of purchase, your file will be considered inactive. A $100 fee will apply to reactivate your file. |
15. |
Requests for cancellations made in writing within 5 business days will be refunded, less a $300 administration fee per file. The administration fee covers the initial costs of creating the application file (including instructions being sent to the client and the costs of couriering the file to our secure records department where our caseworkers begin processing it immediately).
All requests for cancellations must be made within 5 business days after the first form of payment has been made. All requests for cancellation must be submitted by mail or fax to:
Accounts Payable.
Canadian Waivers
206 Spadina Avenue,
Toronto, Ontario
M5T 2C2
or by fax to: 416 251-1905
Requests for cancellations made after 5 business days will not be refunded. There are absolutely no refunds after the 5 business days from the first form of payment made to CW.
Date of Cancellation
The official date of request for cancellation is calculated as
For Mail: The Post-Marked Date on the mail envelope
For Fax: The Date of Reception
Please note: Our administration fee is on the basis that immediately following any type of purchase, our clients are registered and CW starts the service process.
|
16. |
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of this CW Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. All costs arising from the settlement will be covered by the unsuccessful party. |
17. |
All complaints must be sent in writing and must specifically address the exact nature of the complaint, and will be responded to in writing within 7 business days, where possible. During that period, CW will review the file, speak to the client’s case worker, determine if resolution is possible, and do our utmost to ensure the client’s satisfaction. Oftentimes, the nature of the complaint may be related to factors outside of the control of CW, such as involved agencies delaying the transmission of requested documents, fingerprints, or other materials. In cases such as these, resolution within 7 business days may not be possible, as CW will have petitioned the responsible body and may be awaiting their reply, without which no further action can be taken. |
18. |
Continuation & Handling Fee - Any file that is restarted after a cancellation will incur a fee of $100. |
19. |
Filing & Holding Fee - Clients are responsible for providing accurate information regarding their file. If an application is submitted and the client is deemed ineligible, there is a fee for maintaining, holding and filing the file. |
20. |
Re-Processing Documents & Forms - If, for any reason, the client is responsible for re-doing any form or document, the client will incur a fee of $50. This includes the loss of, damage or carelessness to any document or form. |
21. |
Court Fees - The client is responsible for paying the court costs associated with their file. The minimum court cost is $100. |
Canadian Waivers
206 Spadina Avenue
Toronto, Ontario M5T 2C2
Owned & operated by Record Suspension Services Inc.
Privacy
For information on how user information is collected, used and disclosed by CW in connection with your use of this CW Site and any of the Services, please consult our Privacy Policy.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THIS CW SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT CW MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THE SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) CW SPECIFICALLY MAKES NO WARRANTIES THAT THIS CW SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THIS CW SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Restrictions on Use of Materials
All materials, information and content (collectively "Content") available on this CW Site, including the manner in which such Content is presented, and the Services are: Copyright 2013 CW, its registrars, affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. CW grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this CW Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Trademarks
All product, brand and company names and logos used or mentioned on this CW Site or any of the Services may be the trademarks or registered trademarks of their respective owners.
User Conduct
In consideration of the availability, and your use, of this CW Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using this CW Site or Service. You acknowledge that CW may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use this CW Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this CW Site, any of the Services, or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or any other harmful or disruptive component.
Responsibility for Minors
In cases where you have authorized a minor to use this CW Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of this CW Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of this CW Site may contain material that is inappropriate for minors.
Content Submission
By uploading materials to any chat board or forum available on this CW Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on this CW Site, you automatically grant (or warrant that the owner of such materials expressly grants) CW a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. CW cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that CW reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
Modifications
CW reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on this CW Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this CW Site and any of the Services immediately. Your continued use of this CW Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, CW reserves the right to change, modify, suspend or discontinue any aspect of this CW Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Downloads and Shareware
This CW Site may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by CW or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by CW or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that CW or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that CW, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
Content Linked to this CW Site
Please exercise discretion while browsing the Internet. Please note that certain links on this CW Site may take you to other websites. CW provides these links only as a convenience and not as an endorsement by CW. These linked sites are not necessarily under the control of CW. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. CW is not responsible for the content of any such linked sites or any other web page which is not part of this CW Site and under CW's control. Unless otherwise expressly provided, CW makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that CW will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from this CW Site.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, this CW Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. CW assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that CW shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Indemnification
You agree to defend, indemnify and hold harmless each of CW, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this CW Site, from and against any and of all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this CW Site, Services or Content; or (c) your use of or reliance on, or publication, communication or distribution of anything on or from this CW Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CW, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CW HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THIS CW SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THIS CW SITE OR ANY OF THE SERVICES.
You expressly acknowledge that CW has entered into this agreement, and has made and will make this CW Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and CW. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing Law/Jurisdictional Issues
This CW Site and Services are controlled, operated and administered by CW from within Canada. CW makes no representation or warranty that this CW Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access this CW Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through this CW Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of this CW Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that CW, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, this CW Site or any of the Services, and remove and discard any information or content related to this CW Site or any of the Services (and your use thereof), for any reason, including where CW believes that you have violated any of these Terms and Conditions. You further agree that CW shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this CW Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of CW in operating this CW Site or any of the Services, your sole and exclusive remedy is to discontinue using this CW Site or any of the Services.
Submission of Ideas and/or Suggestions
CW is always improving its website and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO CW BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO CW, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO CW THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT CW IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CW, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between CW and you pertaining to your use of this CW Site, Services and Content and supercede any prior agreements between you and CW with respect to the subject matter hereof. CW's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
Canadian Waivers
All Rights Reserved. |