Site Terms

Important information about your use of ApplyAway software and services

Terms of Use

Last Updated: January 01, 2025

The following are the terms and conditions (the "Agreement", or "Terms") for the use of the ApplyAway web site (the "Site"), ApplyAway Products and Services, and related material.

1. Notice/acceptance of terms

With each visit to the Site you signify your agreement to these Agreement. These Terms were last modified on January 01, 2025.

Be sure that you carefully read and fully understand this Agreement. ApplyAway is willing to provide you with access to the Site only on the condition that you accept all of the terms contained in this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS POSTED AT THE TIME OF ANY FUTURE ACCESS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.

2. Description of service

ApplyAway currently provides users with access to a variety of online immigration services, tools, and immigration preparation services through ApplyAway's network of worldwide web properties, as amended from time to time, currently found at http://www.applyaway.ca (the "Site"). Unless explicitly stated otherwise, any new features that augment the current Site, including without limitation the release of new ApplyAway properties, shall be subject to this Agreement.

Certain products or services may be available only in certain jurisdictions in accordance with local laws. Your eligibility for particular products and services offered by ApplyAway, or any of its affiliates, is subject to final approval and acceptance by ApplyAway.

3. License

Except as expressly provided otherwise in an applicable Supplemental Agreement, ApplyAway grants you a personal, revocable, non-transferable, and non-exclusive licence to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Site, for non-commercial, personal, or educational purposes only provided that:

  • you do not (and do not allow any third party to) modify, or create a derivative work of, any such content;
  • you include with and display on each copy of such content the associated copyright notice.

4. Intellectual Property

ApplyAway either owns or has obtained permission from the owner to use all of the content on this Site.

The names, graphics, logos, icons, designs, words, titles, and phrases on this Site constitute trade-marks, trade names, trade dress, and associated products and services of ApplyAway or its affiliates. The trade-marks, trade names, trade dress, and associated products and services represented on this Site are protected in Canada and internationally, and their display on this Site does not convey or create any licence or other rights in these trade-marks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of ApplyAway is strictly prohibited.

The trade-marks for all products or services mentioned on this Site which are not those of ApplyAway Immigration Services, Inc, are the trade-marks of their respective owners. The display of these trade-marks or trade names on this Site does not convey or create any licence or other rights in these trade-marks or trade names. Any unauthorized use of them is strictly prohibited.

Any unauthorized copying, redistribution, reproduction, or modification of the contents of this Site by any person may be a violation of federal or common law, trade-mark, and/or copyright laws and could subject such person to legal action.

5. Modification to site

ApplyAway reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that ApplyAway shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

The information and materials contained on the Site are subject to change. ApplyAway endeavours to keep the rates and fees posted on this Site current; however, such rates and fees are subject to change at any time without notice to you and the posted rates and fees on this Site may not immediately reflect such changes.

6. Registration obligations

In consideration of your use of the Site, where you have provided ApplyAway with information about yourself in response to prompting by the Site (for example, when prompted by the Site's registration forms), you agree that such information will be accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete as of the date the information was provided, or ApplyAway has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ApplyAway has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof).

7. Member account; password and security

ApplyAway requires the creation of a password and email in order to complete the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ApplyAway of any unauthorized use of your password or account or any other breach of security of which you are aware and to ensure that you properly close out of your account at the end of each session. ApplyAway assumes no liability for any loss or damage arising from your failure to comply with this section.

8. User content

ApplyAway may offer the opportunity for you to contribute your ideas, comments, questions, and other communications to or from the Site (the "User Content") in message boards, chat rooms, e-mail, and other features of the Site ("User Input Rooms") that may be offered from time to time and may be operated by ApplyAway or by a third party. You shall not (nor cause any third party to) use the Site to perform any illegal activities or any of the following types of activities, without limitation:

  • transmitting information that infringes or misappropriates any patent, trade-mark, trade secret, copyright, or other proprietary rights of any party;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • advertising of commercial content;
  • interfering with or disrupting the Site;
  • disrupting the activities or enjoyment of the Site for other users;
  • collecting, or storing personal information about other users.

You agree to abide by all applicable local, provincial, and federal laws and regulations while using this Site and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you.

You acknowledge that the User Content is not endorsed by ApplyAway and such User Content should not be considered to have been reviewed, screened, or approved by ApplyAway. Information found in User Input Rooms is intended to be used as a starting point for doing independent research on various visa, permit and other immigration-related matters. You should exercise discretion before relying on information contained in User Content.

9. User communications

Subject to any applicable law and the requirements of the Privacy Policy with respect to your personal information (including your immigration information), any communications sent by you via this Site or otherwise to ApplyAway (including without limitation User Content) are on a non-confidential basis, and ApplyAway is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose.

You agree not to assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication.

10. Transactions with third parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of ApplyAway.

You agree that ApplyAway shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

11. Third party links

This Site may provide links or references to other sites. ApplyAway makes no representations, warranties, or assurances as to any information in such sites, has no responsibility for their content, and shall not be liable for any damages or injury arising from that content. ApplyAway disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that ApplyAway endorses the content of such sites.

12. Privacy Policy

Any of your personal information which ApplyAway collects via this Site is subject to ApplyAway's Privacy Policy. For more information, please review ApplyAway's Privacy Policy.

13. Disclaimer of warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, APPLYAWAY WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE BUT ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER.

Any communications sent to you via this Site or otherwise from ApplyAway (including without limitation in the form of electronic mail or via telephone), and the contents of this Site (including without limitation any immigration information) are provided for informational and educational purposes only and are not intended to provide immigration consultation or legal advice and should not be relied upon in that regard.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

14. Limitation of liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL APPLYAWAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR ANY WEB BROWSER.

15. Indemnification

You agree to indemnify and hold harmless ApplyAway and its affiliates from and against any Claims arising out of or relating to:

  • User Content you submit, post to, or transmit through the Site;
  • your violation of this Agreement;
  • your violation of any rights of any other person in connection with your access or use of the Site.

16. Miscellaneous

16.1. RCIC Authorization

The Client expressly authorizes the RCIC to act on his/her behalf to the extent of the specific functions which the RCIC was retained to perform, as per Section 2 hereof.

16.2. Entire Agreement

Except as otherwise provided in the Dispute Resolution Agreement, this Agreement constitutes the entire agreement between the parties with respect to the Products and Services, defined in Section 17 below, and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein. A representation or statement of any kind made by any representative of ApplyAway and not included in this Agreement, is not binding on ApplyAway.

16.3. Binding

This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors and permitted assigns.

16.4. Amendments

We have the sole discretion to change the terms of this Agreement or make changes related to any aspect of the Products and Services, except as otherwise provided in this Agreement. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, e-mail, posting on our website, or updates to the Products and Services. After we provide notice, continued use of the Products and Services constitutes your acceptance of the changes and the Agreement (as amended).

16.5. Severability

The provisions of this Agreement shall be deemed severable if any provision of this Agreement shall be held unenforceable by any court of competent jurisdiction. Such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect; the invalidity of any part of this Agreement will not render invalid the remainder of this Agreement.

16.6. Agreement Headings

The headings utilized in this Agreement are for convenience only and are not to be construed in any way as additions to or limitations of the covenants and agreements contained in this Agreement.

16.7. Further Requirements

Each of the parties hereto shall do and execute or cause to be done or executed all such further and other things, acts, deeds, documents and assurances as may be necessary or reasonably required to carry out the intent and purpose of this Agreement fully and effectively.

16.8. Admission of Review

The Client acknowledges that he/she has had sufficient time to review this Agreement and has been given an opportunity to obtain independent legal advice and translation prior to the execution and delivery of this Agreement.

16.9. Voluntarism

In the event the Client did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defence to the enforcement of obligations created by this Agreement.

16.10. Agreement of Reception

Furthermore, the Client acknowledges that he/she has received a copy of this Agreement and agrees to be bound by its terms.

16.11 Language

The Client acknowledges that he/she has requested that the Agreement be written in the English language.

16.12. Waiver

No waiver of any provision or condition herein is valid unless in writing and signed by you and an authorized representative of us. Our failure to insist on or enforce strict performance of any provision of this Agreement or any right is not to be construed as a waiver of any provision or right.

16.13. Notices

Except as otherwise indicated, any notices under this Agreement to us must be personally delivered or sent by certified or registered mail, return receipt requested, or by Canadian Postal Service express mail, to 8 Amanda St., Orangeville, ON., L9W2K1, Canada, or to such other address as ApplyAway specifies in writing. Notices will be effective upon receipt that may be shown by confirmation of delivery.

16.14. Third Party beneficiaries and assignment

ApplyAway's respective licensors and suppliers are considered to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement, except as otherwise provided in this Agreement. All rights and benefits of this Agreement from ApplyAway are intended solely for the original purchaser of the Products and Services. You must not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. ApplyAway may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies and all other rights and benefits provided under this Agreement are personal to the original purchaser of the Products and Services from ApplyAway or from its authorized reseller and such rights and benefits must not be assigned or otherwise transferred to any other party. This Agreement inures to the benefit of ApplyAway and its respective permitted successors and assigns.

16.15. Taxation

The taxability of the Products and Services will be determined and governed by the purchase agreement or invoice for the specific Products and Services used or paid for.

16.15. Governing Law

This Agreement shall be governed by the laws in effect in the Province/Territory of Ontario, and the federal laws of Canada applicable therein and except for disputes pursuant to Section 12 (Dispute Resolution) hereof, any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of Ontario.

17. Definitions

17.1. "Communications"

means all notices, disclosures (including those required by law), agreements, fee schedules, records, documents, or other information we provide to you or that you sign or agree to relating to your use of Products and Services or your relationship with us.

17.2. "Immigration Authorities"

means Immigration, Refugees and Citizenship Canada (IRCC) and any applicable provincial or territorial authorities.

17.3. "Immigration Information"

means all your personal information, documents, and any other information used to prepare your visa, permit, residency, or citizenship application.

17.4. "Products and Services"

means the ApplyAway Software, the Products and Services listed and described in Section 7, and any other service offered or delivered by ApplyAway.

17.5. "Prohibited Use"

includes any of the following activities when using the Products or Services:

  • share your username or password with any third party;
  • use the Products and Services in any unintended manner;
  • use the Products and Services for the benefit of any third parties;
  • use the Products and Services to provide services for third parties, including but not limited to immigration advice or consulting services;
  • duplicate the Products and Services by any means;
  • remove any proprietary notice, labels, or marks on the Products and Services;
  • derive or attempt to derive the source code of the Products and Services;
  • disable or circumvent any access control or related device, process, or procedure;
  • disassemble, modify, or reverse engineer the Products and Services;
  • seek to derive the source code from any executable object code provided to you;
  • modify, translate, or otherwise create derivative works;
  • use the Products and Services in any unlawful manner;
  • upload, post, transmit, share, store, or make available any harmful or objectionable content;
  • upload or transmit any unsolicited advertising or promotional materials;
  • upload or transmit any material containing software viruses or harmful code;
  • upload or transmit content that would constitute or encourage criminal offense.

17.6. "Software"

means the hosted 2025 online and mobile version of the ApplyAway immigration software and related functions provided by ApplyAway.

17.7. "User Content"

means any ideas, comments, questions, feedback, survey responses, testimonials, or other content you provide in User Areas.

17.8. "User Areas"

means blogs, message boards, chat rooms, e-mail, surveys, questionnaires, reviews, and other features of the Products and Services that may be offered from time to time and are operated by ApplyAway or a third party on our behalf.

Questions?

If you have any questions regarding this Agreement, you may contact ApplyAway Immigration Services Inc. at:

Email: info@applyaway.ca

Address: 8 Amanda St., Orangeville, ON, L9W 2K1