Terms and Conditions

Effective date: December 2, 2019

INTRODUCTION

Thank you for choosing to use the mobile application “Canadian PR Calculator” developed and operated by Ospreyan Inc. whose registered office is located at 2967 Dundas St W Suite 322, Toronto ON M6P 1Z2, Canada (“we, us, our”) to provide you (“you, your, yours, user”) with services and content (“services”) directly related to Canadian immigration and permanent residency. This content is available on our website(s) (“websites or websites”) and on applications (“apps”) for various operating systems available to download on mobile and/or tablet devices. In order to access our Services, whether or not you are an existing or former user, you confirm that you have read these Terms of Use (“Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy Policy. We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy Policies. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We may terminate your access to the Services if you breach our Terms in accordance with clause 11. Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms. By using our Services, you confirm that (i) you are at least 18 years old; and (ii) your use of the Services will not violate any applicable law or regulation in the province, state, territory or country in which you reside.

REGISTRATION FOR SERVICES

You must register for an account by providing a valid email address and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with or transferred to any other individual. You must immediately notify us via our support address (support@prcalculator.app) of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security. Once you have an Account, you can create content which may include a name as well as landing and residence dates (“user content” or “your content”). When creating your content, you agree to be personally responsible for the information you provide in your content. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.

PRIVACY POLICY

We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy Policies located at https://www.prcalculator.app/privacy.html which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookie Policies) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.

COPPA COMPLIANCE

To the extent that the Children’s Online Privacy Protection Act 1998 is deemed to apply to us, this website is not aimed at children and does not seek to collect personal information from children under 13. You may request access and/or rectification of your data or data relating to your children at all times via our support address (support@prcalculator.app).

OUR CONTENT

Except for the User Content (defined above) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, logos, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services, as set out in clause 6. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.

YOUR LICENCE

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.

THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES

The Services may contain third-party owned content and links to other websites, including Facebook and Google Plus ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.

Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.

USER CONDUCT

You must not attempt to gain unauthorized access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.

IN-APP PURCHASE

The basic version of the Services can be used completely free of charge. The basic version may display ads to the user and limit to the number of “residents” the user may save in the app. If you decide to upgrade to a premium level, we offer a premium offering (“Premium”) through in-app purchases to increase the number of residents and disable ads. Our fees for Premium are available to view in our Apps. Our fees may be subject to different plans, gift plans and promotions, and we therefore reserve the right to update our fees from time to time.

TERMINATION OF YOUR ACCOUNT BY US

We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active Premium subscription when we terminate your Account, you will not receive a refund for any time remaining on your Premium subscription.

NO REPRESENTATIONS OR WARRANTIES

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible. You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for the accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control. Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our apps or website is accurate, complete or up to date.

LIMITATION OF LIABILITY

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. The maximum aggregate liability of us to you in relation to any paid Premium Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Premium Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind. If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

INDEMNITY

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.

GENERAL INFORMATION

Governing Law and Arbitration

These Terms and Conditions, its subject matter and Ospreyan Inc’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Canada excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Ospreyan Inc. will be resolved by binding arbitration. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you. Any notices or other communication given by you to us shall be done via our support email at support@prcalcuator.app.

Language

This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

QUESTIONS

Please contact us with any question you might have about these Terms via support@prcalculator.app using the subject “Questions about Terms”.