Upon your access and/or use of the Platform and/or the Site, you shall be deemed to have acknowledged and confirmed that you have read these Terms, understood them and agreed to them. Aliro may from time to time update, amend or modify these Terms and such updates and/or amendments and/or modifications will apply at that instant to all then current and subsequent uses of the Platform and/or Site. Without derogating from the above, Aliro may, at its sole discretion, notify you of a change or amendment to these Terms by sending you a notification when you next access the Site and/or Platform or by sending you a notice by e-mail. Your continued access and/or use of the Site and/or Platform following such amendments shall be deemed as your confirmation of such revised Terms.
Subject to your compliance with these Terms, you will be granted with the right to access and use the Platform which includes an online marketplace that enables: (a) services providers using the Platform (each a “Provider”) to advertise their immigration services and related products (“Provider Services” and “Listings” respectively); and (b) Providers and customers like yourself to interact and transact for the order and purchase of applicable Provider Services.
Although Aliro uses reasonable commercial efforts to review and examine the Listings, Aliro is unable to verify and/or guarantee: (a) that all information set forth in each applicable Listing is complete, accurate, and/or updated; and (b) that the applicable Provider Services specification meets your required needs. Due to the above, you acknowledge and confirm that you are aware that the information set forth in each Listing is provided solely by each Provider and therefore such Provider is solely responsible for providing you with complete, accurate, and updated information regarding each Provider Service or Listing advertised via the Platform or elsewhere.
Additionally you acknowledge and confirm that you are aware that: (a) Aliro, as the provider of the Platform does and will not offer sell, control, manage, deliver, or supply any Provider Services on Provider’s behalf; (b) under each engagement between yourself and a certain Provider, the applicable Provider shall be solely responsible and liable towards you for the offer, management, performance, delivery, supply and the results for any Provider Services published via the Platform; and (c) Aliro shall not be deemed as a party to any of the said engagements.
Currently and unless indicated otherwise no fees are charged in consideration for your use of the Platform. To the extent this changes, we will update you.
1. Access to Platform and/or the Site
In order to access the Platform and/or the Site you shall be solely responsible to ensure that your computer, operating systems, computer networks and network connections, telecommunications facilities or mobile device meet all the necessary technical specifications to enable you to access and use the Platform.
2. Rules of Conduct and Usage
While using the Platform and/or accessing the Site, you agree to comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Platform. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.
Your use of the Platform and/or access to the Site shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Platform and/or access of the Site is limited by such purpose. You hereby agree that in case that Aliro determines that you have acted in violation of these Terms or any applicable law while using the Platform, or if Aliro determines your actions fall outside of reasonable standards, Aliro may, at its sole discretion, prohibit you from using the Platform and/or accessing the Site. In furtherance of the foregoing, and as an example and not as a limitation, you hereby agree that by using the Platform and/or accessing the Site you shall not act as follows:
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Platform.
- Violate the contractual, personal, privacy, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Platform in any manner that infringes any copyright, trademark, design, patent, trade secret, or other rights of any party (including rights of privacy or publicity).
- Engage in, cause, or permit the reverse engineering, disassembly, decompilation or any similar manipulation or attempt to discover the source code or underlying ideas or algorithms of the Platform or any part thereof;
- Bypass, alter, or tamper with any security or lockout features of the Platform;
- Create any derivative work or translation of the Platform;
- Provide, lease, rent, lend, license, assign, delegate, or otherwise transfer or use or allow others to transfer or use the Platform for the benefit of any third party.
- Upload or transmit (or attempt to upload or to transmit), any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”). Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Platform for any purpose.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Platform.
- Defraud, or attempt to defraud, Aliro or its Providers and/or customers, and to refrain from acting in bad faith in your use of the Platform.
- To build a competitive marketplace, product or service or to otherwise copy the features, functionality or user interfaces of the Platform.
- Use the Platform in any manner that diverts Providers and/or customers from the Platform or that directs Providers and/or customers to a website that is not owned or controlled by Aliro.
Reviews and Ratings. The Platform may include social networking functionality that will allow you and other customers to review and rate Provider Services and Providers according to a variety of criteria’s. In order to preserve the integrity of these “Reviews” and “Ratings”, you agree that you will not, directly or indirectly: (i) receive incentives from Providers to rate their Provider Services; (ii) rate or review the Provider Services of any of your competitors; or (iii) take any other action that could reasonably be expected to artificially influence reviews or ratings results.
You acknowledge that Listings are ranked and placed in your search results on the Platform, in accordance with a calculation based on a variety of factors, such as turnaround, MOQ, design flexibility, Ratings, Reviews, other customers’ requirements etc.
3. Pricing and Payments
Upon agreeing to purchase Provider Services on the Platform, pursuant to the engagement agreement between you and the Provider (“Provider Engagement Agreement”), all payments that make up the total fees for the Provider Services (“Service Price”) will be processed according to the Terms of this Agreement, including the following:
- Aliro may partner with payment service providers (“PSP”) in order to collect payments from you, transfer those payments to Providers, and provide currency exchanges services in connection with accepting and remitting payments. The payment for Provider Services by you shall be made directly to Aliro or by online payment services (such as “PayPal”) or PSPs that Aliro, at its discretion, partners with (“Payment Processor”).
- The Service Price shall be paid solely to Aliro directly or via the Payment Processor pursuant to the terms and schedule of the Provider Engagement Agreement. Unless approved otherwise by Aliro, all payments will be made in US Dollars (USD).
- Part of the Service Price will include a fee for the use of the Platform (“Aliro Fee”).
- The Service Price displayed to you on the Platform is inclusive of all such taxes and charges that may apply, including the Aliro Fee.
- You will generally pay at least 20% of the Service Price at the time the Provider Services are agreed upon by you and the Provider and a Provider Engagement Agreement between you and the Provider is signed. The schedule and conditions upon which Aliro will collect the remainder of the Service Price from the Client will be set out and agreed upon by you and the Provider in the Provider Engagement Agreement.
- Cancellations of Provider Services by you and any subsequent refunds of the Service Price are subject to the terms and conditions of the Provider Engagement Agreement. All refunds issued to you by Providers will be processed using Aliro’s Payment Processor. Aliro encourages you to settle any disputes and/or conflicts with the Provider regarding cancellations and refunds directly with the Provider. If for whatever reason a dispute is unable to be resolved then you may engage Aliro to resolve the dispute pursuant to the Terms of this Agreement.
- Notwithstanding Section 4(vii) above, a portion, or in some cases all, of the Aliro Fee will be withheld as non-refundable from any refund issued to you by the Provider. Aliro will calculate the percentage of the Aliro Fee withheld based on the time from which you made a payment and the time you then requested to cancel your Provider Services. In general, and unless otherwise agreed upon by Aliro in writing, 80% of the Aliro Fee will be refunded if a cancellation is requested within one week, 25% of the Aliro Fee will be refunded if a cancellation is requested within the second week, and 0% of the Aliro Fee will be refunded if a cancellation is requested after the second week. For clarity, if you pay $1000 on May 1 and another $1000 on June 10 then make a cancellation request on June 15 then Aliro will refund 0% of the May 1 Aliro Fee and 80% of the June 10 Aliro Fee.
4. Communication Channels
The Platform may now or in the future provide communication channels such as blogs, forums, communities, or chat areas (collectively, “Communication Channels”) designed to enable you to communicate with Providers and/or other customers. Aliro is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Aliro may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.
You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Aliro, and these communications should not be considered reviewed or approved by Aliro.
You will be solely responsible for your activities within the Communication Channels and under no circumstances will Aliro be liable for any activity within the Communication Channels. Aliro is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
If you choose to upload and/or submit content to any of the Site’s public forums and/or Communication Channels (for example by reviews, comments, questions, suggestions, etc.) (“User Content”), you grant Aliro a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; and (b) use the name and other personal information, including your likeness, that you submit in connection with each such User Content. You acknowledge that Aliro will only provide direct attribution of your User Content with your permission or in order to cooperate with legitimate governmental requests, subpoenas, or court orders. You acknowledge and agree that no User Content will include confidential or proprietary information of a third party or information that you otherwise are not allowed to disclose to the public. You acknowledge and agree that your User Content, your name, and, if you include a photo in your profile or submit a video review, your likeness, and any other personal characteristics or private information you include with your User Content, may be used by Aliro through different medias (whether in websites, mobile apps, advertising and marketing materials, social media, etc.).
5. Dealings with Providers
You hereby acknowledge and agree that any responsibility regarding correspondence or business dealings with Providers whether through the Platform or externally, including offer, management, performance, delivery, supply and the results for any Provider Services or payment thereof and any other terms, conditions, warranties or representations associated with such transactions, shall be governed solely by the terms and conditions set forth in your direct engagement with such Provider. Further to the above, Aliro will not monitor any correspondence or business dealings with such Provider and yourself, however, in case of a dispute between yourself and a Provider regarding Provider Services, Aliro may be granted with access to all correspondence or business dealings with such Provider regarding the disputed matter.
Aliro will not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or engagement or as the result of the presence of such Provider on the Platform.
6. Third Party Material
As part of your use of the Platform and/or Site you may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources, including those of the Providers (“Third Party Materials”). You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Aliro disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Platform and/or Site. You acknowledge and agree that Aliro: (a) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Platform and/or Site. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Aliro of Third Party Materials or any such third party services.
These Terms do not authorize you to use, and you may not use any Third Party Materials, except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
7. Links, Search Engines
The Platform and/or Site may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Aliro and Aliro is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aliro is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Aliro of the site or any association with its operators. You acknowledge and agree that Aliro will 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 such content, goods or services available on or through any such site or resource.
8. Intellectual Property Ownership
The Platform and the Site, including but not limited to all materials, any computer software (in object code and source code form), data or information employed by Aliro pursuant to these Terms, and any know-how, methodologies, equipment, or processes used by Aliro to provide the Platform and the Site, including without limitation all patent, copyright, trade secret and any other proprietary rights therein and any other deliverables provided by it herein, are and shall remain the sole and exclusive property of Aliro.
Nothing in the Terms gives you a right to use any of Aliro’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Any feedback, suggestions, ideas or other inputs that you provide Aliro in connection with the Platform and/or the Site may be freely used by Aliro to improve or enhance Aliro’s products and services and, accordingly, all rights to such improvements and/or enhancements, howsoever arising, including as a result of any ideas, inputs or information provided by you as aforesaid, shall vest solely with Aliro.
9. Warranty Disclaimers
You acknowledge and confirm that you are aware that Aliro is an impartial online networking platform and marketplace that connects prospective immigrants with licensed immigration service providers that have agreed to be listed on the platform. Aliro does not market for, or solicit business for, any individual immigration service providers. For certainty, you acknowledge that Aliro is neither representing you in the furtherance of your practice, nor is Aliro facilitating business in connection with your practice. For further clarity, you acknowledge and confirm that Aliro is not an agent for you nor for any other immigration service providers listed on the Aliro Platform nor does Aliro act on behalf of any such immigration service providers. Any and all fees that Aliro collects are solely for the services it provides as a networking platform and marketplace.
You acknowledge and confirm that you are aware that Aliro, as the provider of the Platform, does not and will not have any responsibility in regards to your negotiations and/or engagements you may enter into with any Providers and/or for Provider Service purchased or otherwise received from such Providers.
The Platform and the Site are provided on an “AS IS” and “AS AVAILABLE” basis. You shall be solely responsible for any and all acts or omissions taken or made in reliance on the Platform. To the fullest extent permitted by law, Aliro its officers, directors, employees, and agents disclaim any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, title, fitness for a particular purpose or use, satisfactory quality, non-infringement, accuracy or completeness of the content of the Platform and/or Site or contents of any sites linked to thereto, that any data stored with Aliro will be secure or otherwise not lost or damaged, or that the Platform will be uninterrupted or error free.
Aliro makes no representations about the quantity, sufficiency or quality of data that it provides. Aliro does not guarantee that the information provided by the Platform is accurate or complete, or the results to be achieved from such information, including any specific conversion rates.
10 .Limitations of Liability
in no event shall Aliro or anyone on its behalf be liable for any direct, indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, in connection with, your access to, display on, or use of the site and/or the platform or with the delay or inability to access, display, or use the site regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if Aliro has been advised of the possibility of such damages or loss.
To the fullest extent permitted by applicable law, you shall defend, indemnify and hold Aliro, its affiliates, and their respective officers, employees consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, or proceedings brought against Aliro by a third party, for damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
- Your violation of the Terms.
- Your improper use of the Platform.
- Your interaction and/or engagement with any Provider, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction and/or engagement.
- Your violation of any applicable laws and/or any third party right, including without limitation any copyright, property, or privacy right.
You agree not to settle and/or compromise any such claim without Aliro’s prior written consent. Aliro reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Aliro and you agree to cooperate with Aliro defense of such claims at your expense.
12. General Terms
Governing Law and Jurisdiction. You agree that the laws of Canada and the Province of British Columbia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Aliro. Any claim or dispute between you and Aliro that arises in whole or in part from your use of the Site and/or Platform shall be decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Canada and the Province of British Columbia.
Violation of the Terms. If you violate these Terms, Aliro reserves the right to issue you a warning regarding the applicable violation and/or to immediately prohibit you from using the Site and/or Platform. You agree that Aliro does not need to provide you a notice before prohibiting your use of the Site and/or Platform, but it may provide such notice in its sole discretion.
Severability. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against regulatory or public policy, the remainder of the terms, provisions, covenants and restrictions of these Terms shall in no way be affected, impaired or invalidated.
Entire Agreement. The terms and provisions contained herein constitute the entire agreement between yourself and Aliro with respect to the subject matters hereof and shall supersede all previous communications, oral or written, between the yourself and Aliro hereto with respect to the subject matters hereof.
Waiver. No waiver of any rights by any party hereto shall be construed as a waiver of the same or any other right at any prior or subsequent time. Furthermore, no waiver or delay on the part of a party hereto in exercising any power or right hereunder, and no forbearance or indulgence of a party granted to the other party, shall in any way restrict or diminish the full rights and powers of that party under these Terms, or operate as a waiver of any breach by a party of any of the terms or conditions of these Terms.
Service Help. If you require any further information and/or assistance please contact us by e-mail at Thierry@aliroimmigration.com.
Last Updated on 14 March, 2023.
All rights reserved, Aliro Technologies Inc.