Modalités et conditions

TERMS OF USE OF NOVAVIDYA INC’S SERVICE: CANAPPLY.CA.

Please read carefully the following terms of use (hereinafter the "Terms of Use") of the CanApply.ca service of NOVAVIDYA INC., a company whose head office is located at 384 Crépeau Street, suite 408, in the city of Montréal (H4N 0A6), in the province of Quebec, Canada, and whose business place is located at 1250 Guy Street, FB Building Concordia University #600, in the city of Montréal (H3H 2L3) (hereinafter "CanApply"). 

CanApply operates this website (hereinafter the "Platform") and the social media pages, account, network or any application contained therein designed and managed by CanApply (hereinafter the "Social Media"). 

By deciding to use the Platform and CanApply’s services, the user, understood as the end user or the organization you represent or for which you work (hereinafter the "User" or "Users" or “you”) accepts all the Terms of Use indicated below which govern the content and use of the Platform, as well as the privacy policy appearing at the end of CanApply’s Terms of Use.

These Terms of Use are legally binding on the User and CanApply (hereinafter the "Parties"). The Parties are entitled to invoke the present Terms of Use and to take all useful and necessary measures to ensure that they are respected.

If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as amended from time to time, the User must not, or must no longer, use the Platform.

Terms defined in these Terms of Use are used in CanApply's privacy policy and general terms of sale, if any (the Terms of Use, privacy policy and general terms of sale are hereinafter referred to as the "Legal Terms"). We recommend that you read them carefully too.

ACCESS AND USE OF THE PLATFORM

If you browse the Platform, this means that you have read, understood, and accepted the Terms of Use. 

The Platform is accessible from any computer (computer, smartphone, tablet, etc.) and on any browser.

For optimal use, we recommend the use of the following browsers: Firefox, Chrome, Safari, other.

THE SERVICE 

The Platform allows Users to apply directly to a Canadian university and focuses on removing the hurdles of international student recruitment for the Users looking to apply. 

The Platform is accessible at all times. The Platform may be temporarily unavailable due to updates or technical problems. CanApply is not responsible for any interruptions in service or updates. CanApply attempts to perform updates when traffic on the Platform is at its lowest.  

CanApply does not warrant that the Platform, or any part thereof, will operate on any particular computer hardware or peripherals. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

CanApply reserves the right to add, delete and modify all content, or any part of it, on the Platform, with the exception of the User's own content. CanApply cannot be held responsible for mistakes, typographical errors, and bugs. Each User created in the system is the owner of the content of their account. CanApply does not delete anything unless a User requests it.

Each User of the Platform undertakes, without limitation, not to: 

1. Use the Platform in a manner that could damage, disable, overburden or impair the Platform; 

1. Disrupt the security of or otherwise abuse the Platform or any services, resources, systems, servers or networks connected to or linked to or accessible through the Platform or affiliated sites; 

1. Disrupt or interfere with the use or enjoyment of the Platform by other services or affiliated or linked sites; 

1. Upload, post or otherwise transmit on the Platform a virus or other harmful, disruptive or destructive computer file or program; 

1. Use a robot, spider or other automatic device or manual process to monitor or copy Platform pages or content; 

1. Transmit unsolicited e-mails, chain letters, spam or other types of mass e-mail through the Platform; nor to

1. Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, the User agrees that he is solely responsible for all actions and communications undertaken or transmitted to or on his behalf and agrees to comply with all applicable laws with respect to their use of or activities on the Platform.

Chat communication - guidelines

At all times, you are responsible for exercising discretion with respect to the content of the information you disseminate via the Platform chat, particularly with respect to personal information about you. Canapply does not control the information you post, and such information remains the sole responsibility of its author.

INTELLECTUAL PROPERTY 

Unless otherwise indicated, all intellectual property rights (trademark, copyright, etc.) (hereinafter the "Intellectual Property") related to the Platform are the exclusive property of CanApply. You may not copy or use any of the materials, structure, menu, look and feel or characters that appear on the Platform without the express consent of CanApply. 

Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names or other content contained on the Platform or Social Media may, among other things, be registered or unregistered trademarks or trade names (all of which are referred to in these Terms of Use as "Trademarks"). These Trademarks are protected by Canadian and foreign trademark laws and are, as the case may be, the exclusive property of CanApply. 

Without limiting the generality of the foregoing, Intellectual Property owned by CanApply includes, but is not limited to, the following: 

1. All logos, drawings, graphics, photos, videos, trademarks (registered or not), symbols, texts, expressions, words and all general content of the Platform or Social Media not already subject to intellectual property rights;

1. All software, APIs and materials made available by the Platform;

1. All databases made available by the Platform or the Social Media; and

1. All the content offered by the Platform, available for free download.

Unless otherwise indicated, all information provided on the Platform is the property of CanApply and is protected by applicable laws. In addition, the information may not otherwise be copied, displayed, distributed, downloaded, unlicensed, modified, published, reproduced, reused, sold, transmitted, or used for derivative works, public or commercial purposes without the express written permission of CanApply. The information is protected under the copyright and trademark laws of Canada and the countries that host the Platform or Social Media.

You may use the information exclusively for your personal use with modification, provided that you reference on all copies the respective copyright notices and trademark attributions. These Terms of Use grant you permission to view, display on your computer, download, and print the text and images, as well as the free tools, forms, webinars, articles, videos, calendar of events, information guides, presented on the Platform, solely for non-commercial, personal and supporting purposes, provided that the content of the Platform is not modified in any way. This authorization belongs solely to you; it may not be assigned or transferred to any other person, nor may it be sublicensed.

Images and text, as well as free tools, forms, webinars, articles, videos, calendar of events, information guides, contained on the Platform or Social Media that are downloaded, copied, saved, or printed are still subject to these Terms of Use. You must ensure that all copyright and trademark notices are retained. The content of the Platform or Social Media may be changed at any time without notice. For further information regarding permission to use, reproduce or republish any information presented on the Platform or Social Media, please contact us at behnam.farsi@canapply.ca.

Subject to applicable laws, the importation, creation, submission or storage of content by the User grants CanApply a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the content. This license authorizes CanApply to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute your content. Under this license, CanApply may use your content only in connection with the operation, promotion or improvement of its services. If you wish to terminate this license, simply delete your account. However, the content you have shared will still be visible to other Users: you may request its deletion, subject to certain reservations, from the contact person, who can be reached at behnam.farsi@canapply.ca.

Any unauthorized downloading, retransmission, copying or modification of Intellectual Property or data contained on the Platform or Social Media may violate laws including those relating to trademarks or copyrights, and could subject the User to legal action.

Content created, imported, submitted or stored by the User is his/her property and he/she is responsible for ensuring that the User has the right to use it.

EXTERNAL LINKS 

It is possible that by using a hyperlink, the User leaves the Platform or Social Media to access external content (hereinafter the "External Websites"). CanApply makes available to Users, in addition to its own content, links to External Websites solely for the User's convenience and information. CanApply has no control over the content of these External Websites and assumes no responsibility for their accuracy, precision, completeness, authenticity, timeliness, or suitability. All liability of CanApply is excluded, in particular for direct or indirect damage or consequences arising from the use of the contents of these External Websites. CanApply has no influence whatsoever on the content of linked External Websites and accepts no liability for the content of external links, in particular for any changes made after the link was set. CanApply does not demand that information be transmitted, nor does it select the recipients of the information transmitted or the information itself, nor does it modify it. In addition, CanApply does not automatically make any short-term intermediate storage of these external links in accordance with the current method of creating and viewing links. Responsibility for the content of linked External Websites therefore rests exclusively with their operators.

In addition, CanApply does not warrant or represent that such External Websites or their content will not violate any law, including any copyright, trademark or other third-party rights, or be free of viruses or other harmful components. 

No guarantee is given as to the authenticity of the documents available on the Internet.

SOCIAL MEDIA 

The following terms apply when you access a Social Media page.

General statement

By using Social Media pages and submitting a comment, photo, video, or other material, you (and your parent/legal guardian if you are under the age of majority in the province or territory in which you reside) agree to be bound by and comply with CanApply’s Legal Terms and the terms of use of third-party Social Media providers. You also consent to CanApply copying, editing, publishing, translating, and distributing your comment, photo, video, or other material posted on a Social Media without compensation.

Social Media Terms of Use

Some of the comments and other materials posted on Social Media pages may not represent the views of CanApply. Accordingly, you agree not to post or submit any information, postings, links, or other materials of any kind to the Social Media pages that fall into any of the categories described below with respect to CanApply:

1. Any content that is defamatory, abusive, counterfeit, obscene, misleading or illegal;

1. Any content that otherwise violates the rights (including privacy rights) of others;

1. Any content enclosing advertising;

1. Promotional documents or any form of unwanted solicitation;

1. Any content whose origin or source is falsified;

1. Any financial or personal information about you or any other person; and

1. Any information that CanApply deems to be in violation of the Terms of Use.

Any information, message, link, or item that CanApply deems to fall into any of the above categories will be deleted immediately, without liability to CanApply.

Furthermore, CanApply does not assume responsibility for filtering messages posted on Social Media.

CanApply disclaims all liability with respect to entities that own or operate Social Media, including for any direct or indirect loss or damage arising from any action or decision made by you or any other person in connection with the use of Social Media websites.

DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNIFICATION

CanApply does not guarantee the accuracy, completeness, quality, suitability, or content of the information on its Platform. This information is provided "as is", without warranty or condition of any kind, either express or implied, including, but not limited to, implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of implied warranties. 

CanApply is not responsible for the content posted on the Platform by Users and for any damage that may result therefrom. Each User is responsible for the content he/she exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

When the User is a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1), the latter does not allow the exclusion of warranties and the non-responsibility of CanApply for certain damages. In this case, the User has additional rights and is not subject to some of the limitations mentioned below. 

Except where the Consumer Protection Act (CQLR, c. P-40.1) is applicable, CanApply shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profits or anticipated economic benefits, arising out of the use of or inability to use the Platform, the information, documents and software contained therein, and the contents thereof, even if CanApply has been advised of the possibility of such damages or even if such damages can be reasonably foreseen.

As a User, you will indemnify CanApply, and, where applicable, its directors, officers, shareholders, partners, employees, agents, consultants and other CanApply stakeholders, and hold them harmless from and against any and all claims, liabilities, losses and expenses (including legal fees) attributable to your use of the Platform and/or breach of these Terms of Use, whether such breach is by you or any third party user of your account. 

You may not use or export the information or any copy or adaptation of the information in contravention of any applicable laws or regulations. 

MODIFICATION OF THESE TERMS OF USE 

CanApply occasionally updates these Terms of Use. Continued use of the Platform constitutes the User's agreement to these Terms of Use and any updates. 

However, where the Consumer Protection Act (CQLR, c. P-40.1) applies, CanApply will notify current Users of the Platform thirty (30) days prior to the effective date of the modification. If the User refuses these modifications and wishes to no longer use the Platform, he/she will have thirty (30) days following the effective date of the modifications to send a notice to CanApply. If the User objects to any changes made to these Terms of Use, the User must cease all use of the Platform. 

INTERPRETATION

The headings of the preceding sections are inserted for reference purposes only and shall not affect the construction or interpretation of the provisions of these Terms of Use.

Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine also includes the feminine and vice versa.

RESOURCE PERSON

If you have any questions or comments regarding any content on the Platform or Social Media, please contact us at behnam.farsi@canapply.ca.

Last updated on December 15, 2023.