In this legal document, the person making use of the Website, Software and/or Offered Products will be referred to as ("The User").
By using or visiting any of NEXTDESTINATIONCANADA Websites or Offered Products, you are acknowledging and declaring that NEXTDESTINATIONCANADA, is not and does not in any way pretend to be an officially created outreach of the Canadian Government, and is in no way connected to the Canadian Government. NEXTDESTINATIONCANADA does not represent a part of a law firm or immigration authority; neither is it part of the Canadian Government. Therefore NEXTDESTINATIONCANADA does not claim or intend to offer legal solutions or advice to a person’s problems.
The user agrees and acknowledges that by using or visiting any of NEXTDESTINATIONCANADA Offered Products or Websites, they are entering into a legally binding agreement that shall regulate any use of NEXTDESTINATIONCANADA 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 NEXTDESTINATIONCANADA 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. NEXTDESTINATIONCANADA means NEXTDESTINATIONCANADA Organization and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors.
1.2. NEXTDESTINATIONCANADA Websites or Site or Website means any and all elements, contents and the ‘look and feel’ of the website available under the domain and all related sites owned, operated or controlled by NEXTDESTINATIONCANADA.
1.3. NEXTDESTINATIONCANADA’S Offered Products or Offered Products means the use of the Software, if applicable, and any of NEXTDESTINATIONCANADA’S products available via any of NEXTDESTINATIONCANADA’S Websites whether they are defined as Paid Products, as defined herein, or any other products provided by NEXTDESTINATIONCANADA. NEXTDESTINATIONCANADA.COM website is owned by the US Company, NEXTDESTINATION INC located at 700 North Valley Street STE B, Anaheim, CA 92801
1.4. NEXTDESTINATIONCANADA’S Software or Software means NEXTDESTINATIONCANADA’S proprietary web based software.
1.6. Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
2. Access and License
A limited license to gain access to and use for personal purposes NEXTDESTINATIONCANADA’S Offered Products and Websites has been granted by NEXTDESTINATIONCANADA’S. 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 NEXTDESTINATIONCANADA’S Offered Products or Websites or their contents, and/or any derivative use of any of NEXTDESTINATIONCANADA’S Offered Products or Websites content.
3. Intellectual Property
4. Updates and Modifications
4.1 NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S, including but not limited to its functionality, content, pricing or availability.
4.2 Without detracting from the above statements, NEXTDESTINATIONCANADA’S, 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 NEXTDESTINATIONCANADA’S.
5. Paid Products
The user agrees and acknowledges that NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S. Payments of all charges and fees to NEXTDESTINATIONCANADA’S, 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 NEXTDESTINATIONCANADA’S. The user acknowledges that NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S. We try to provide the best possible products to all our valued customers. If you are dissatisfied in any way with our products, please contact us directly for a solution, before you consider calling your financial institution for a refund. NEXTDESTINATIONCANADA’S 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.
NEXTDESTINATIONCANADA’S 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
NEXTDESTINATIONCANADA’S 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 charge-back or other payment reversal), NEXTDESTINATIONCANADA’S has the right to block the account of the user and reverse any refunds made, if any. NEXTDESTINATIONCANADA’S 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.
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 NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S 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. NEXTDESTINATIONCANADA’S 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 Acceptance
10.1. You understand that the any immigration program is based on the province/government internal criteria, that may change from time to time and therefore there is no guarantee a visa permit will be granted.
10.2. NEXTDESTINATIONCANADA is not involved in any way in issuing any form of visas. Choosing the NEXTDESTINATIONCANADA Offered Products does not guarantee a better or expedited handling.
10.3. Minimum eligibility requirements have been detailed and listed on the NEXTDESTINATIONCANADA Website. It is up to you to review the requirements and ensure that you qualify within the guidelines.
11. No Warranties
11.1 NEXTDESTINATIONCANADA’S is not responsible or liable for any malfunctions or disturbances that any of NEXTDESTINATIONCANADA’S Software, Offered Products or Websites may cause to any other application, software or computer hardware system, including any data or information contained in such. NEXTDESTINATIONCANADA’S is not liable for any disruptions of this kind.
11.2 NEXTDESTINATIONCANADA’S 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. NEXTDESTINATIONCANADA’S is not liable for any disruptions of this kind.
11.3 NEXTDESTINATIONCANADA’S may terminate any of NEXTDESTINATIONCANADA’S 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. NEXTDESTINATIONCANADA’S is not responsible or liable for any such termination or suspension.
12. Fees, Cancelation & Refund Policy
12.1 The fees charged by NEXTDESTINATIONCANADA consist of handling fees only, and do not include any official or Governmental registration fees, which shall be paid solely by you and at your responsibility. Fees paid to NEXTDESTINATIONCANADA for Offered Products are, in any event (including in the event a client has decided not pay a Governmental registration fee) non-refundable unless it was mentioned otherwise by NEXTDESTINATIONCANADA in an official offer.
12.2 In the event that you did not file the application form, you may ask NEXTDESTINATIONCANADA to cancel your order. In the event that you did file the application form, you may ask NEXTDESTINATIONCANADA to consider your request for refunds .Refunds shall be given (if any) at the sole discretion of NEXTDESTINATIONCANADA and in any event shall not exceed the amount actually paid by you for the relevant Paid Product. No refund request will be considered after you received your profile evaluation.
13. No Responsibility for Content
NEXTDESTINATIONCANADA’S Offered Products, Websites and all content, information, products, materials and services included or available to the user via any of NEXTDESTINATIONCANADA’S Offered Products or Websites are offered on an “as is” basis. NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S Software, Offered Products or Websites is entirely the responsibility of the individual or entity from whom the content originated. Furthermore, NEXTDESTINATIONCANADA’S 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. You shall bear the responsibility for consulting your own professional advisors on immigration regarding your specific circumstances. NEXTDESTINATIONCANADA’S shall disclaim any responsibility with respect to the adequacy or accuracy of any positions that may be taken by you in the course of your applications.
15. Lawful Purposes
The user acknowledges and agrees to use NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S against any claims arising from any material they transmit or post.
During registration, you will be allocated an IP address according to your state or area. That is a standard applied worldwide. In the registration process, NEXTDESTINATIONCANADA’S may use the allocation for identification of the area where you are making your call or connecting from (the identification of the area will not involve personal identification). You must make all use of NEXTDESTINATIONCANADA’S Offered Products or Websites from the area in which you have registered; you must not lead, in any way, NEXTDESTINATIONCANADA’S toward misidentifying the area from where you are registering (the means of misidentifying include use of proxy or other related software or service).
You consent and acknowledge that in the event of your not complying with these terms, you may lead NEXTDESTINATIONCANADA’S toward violation of any applicable laws or toward non-compliance with any such laws, and therefore you shall bear the full responsibility for any such violation or non-compliance.
17. User ID
In the event that a User ID and Password will be issued to you by NEXTDESTINATIONCANADA You shall be the sole person that is authorized for the use of your identification and password; you shall not be allowed to entrust other persons with access to or use of your user identification and password. You shall bear the responsibility for the usage of any NEXTDESTINATIONCANADA’S Offered Products or Websites made with your user identification number, and you shall be responsible to maintain the confidentiality of your password and user identification. To implement security and unless otherwise noted, your user identification or password shall not be disclosed by NEXTDESTINATIONCANADA’S in the event you forget or lose them, other than via sending them to the email address you have provided at registration.
18. Confidential Information
You are kindly asked to note that the sole confidential or proprietary information that we will require you to fill in includes credit card numbers or other personal information. You shall supply that information in the forms that are needed for you to use our Software and/or Offered Products. You will not be asked by NEXTDESTINATIONCANADA’S to supply any other confidential or proprietary information via our Site.
19. Non-Confidential Information
All your non-personal information data or materials sent to NEXTDESTINATIONCANADA’S shall be deemed as not confidential, and shall be used by NEXTDESTINATIONCANADA’S, and ne treated as an unrestricted and irrevocable license for us to use, display, perform, reproduce, modify, transmit or distribute.
20. Use of Information
Regardless of the above sections, by registering with NEXTDESTINATIONCANADA’S, you 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 at either our sole discretion or the discretion of any third party. Should you choose to stop receiving such materials and advertisements, you are asked to notify NEXTDESTINATIONCANADA’S about that.
21. Security of information
NEXTDESTINATIONCANADA’S and its Site protect users’ information by all precautions possible. When sensitive information is submitted by users at the Site, it is protected online and offline. When you enter such sensitive information (e.g. credit card numbers), that information is securely encrypted via SSL encryption software. While you are on the secure page, e.g. a payment reply form, you see the lock icon at the bottom of the web browser. We take utmost measures to ensure the security of the information you submit as you use the Offered Products and Software.
With respect to the above mentioned, NEXTDESTINATIONCANADA’S and our Site cannot provide a full guarantee of security of the information gathered as you use the Offered Products and Software and so shall not be in any way liable for any data compromise. If you do not agree to the transfer or treatment of your information in the above way, you are kindly asked not to register.
22. Breach and/or Termination
NEXTDESTINATIONCANADA’S may limit, suspend or terminate your use of our Website, Software or any of our Offered Products, including our Paid Products, and may delete your user ID and/or account, including the use of materials and content that are contained therein. NEXTDESTINATIONCANADA’S may do that at any time under its sole discretion with immediate effect, without prior notification, with or without cause, and without any recourse.
NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S WEBSITES, SOFTWARE AND OFFERED PRODUCTS ARE PROVIDED FOR USERS “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER; NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S 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. NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S SHALL BE ALWAYS ACCESSIBLE, AVAILABLE, UNINTERRUPTED, ACCURATE, TIMELY, COMPLETE, SECURE OR ERROR-FREE, OR THAT THEY SHALL OPERATE WITHOUT ANY PACKET LOSSES. NOR DO NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA’S.
23.3 The Websites of NEXTDESTINATIONCANADA’S may permit you 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 You shall agree to indemnify, defend and hold harmless NEXTDESTINATIONCANADA’S, 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 NEXTDESTINATIONCANADA’S, owing to, arising from or in relation to your visits or use of the Websites, Offered Products or Software of NEXTDESTINATIONCANADA’S.
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 you. 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 YOU AGREE AND ACKNOWLEDGE THAT NEXTDESTINATIONCANADA’S, 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 YOUR VISIT TO ANY OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF NEXTDESTINATIONCANADA’S OR FROM THEIR USE BY YOU.
25.2 IN NO CASE SHALL NEXTDESTINATIONCANADA’S, 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 YOUR VISIT OR USAGE OF ANY OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF NEXTDESTINATIONCANADA’S FROM YOUR INABILITY TO USE THE ABOVELISTED WEBSITES, PRODUCTS OR SOFTWARE, EVEN IN THE EVENT THAT NEXTDESTINATIONCANADA’S 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 YOUR 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 NEXTDESTINATIONCANADA’S 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 NEXTDESTINATIONCANADA is liable to you (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 NEXTDESTINATIONCANADA shall not in any event exceed the amount you have paid for the Paid Product.
27. Governing Law & Jurisdiction
27.1 Governing law & Jurisdiction – Resolution of Disputes. You shall agree to the governing of all matters connected to your access or use of the Site and/or in regard to any issue derived from payment for services, (including any matter in regard to NEXTDESTINATION Inc.), Offered Products and/or Software, inclusive of all disputes, by the laws of California, USA, without any regard to its provisions on conflict of law. You shall agree to the implementing of the ONLY personal jurisdiction by, and to the venue in, the District Court of California, USA and you 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 NEXTDESTINATIONCANADA’S and you, 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 District Court of California, USA. 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.