1. Scope of Agreement

This Customer Application Agreement (“Agreement”) is between you and New Emigrant Inc., d/b/a “BorderHub”, and governs the services provided by BorderHub (the “Services”), specifically, the facilitation of connections between new migrants and registered Immigration Consultants and other service providers (collectively “Licensed Service Providers”, and all such services hereinafter referred to as “Licensed Services”), and your use of the website located at www.BorderHub.ai (including all subdomains) (the “Site”). By accessing or using the Site or the Services, you agree to be legally bound by this Agreement and confirm your agreement to BorderHub’s terms and conditions throughout.

Your submission of personal information through the Site, or the use of any of the Services, is governed by BorderHub’s Privacy Policy, the terms of which are incorporated into this Agreement by reference. If you purchase any Licensed Services that include representation by a Licensed Service Provider, you hereby acknowledge and agree that your sole contractual relationship with respect to the performance of such Licensed Services shall be with the applicable Licensed Service Provider and will be governed by an independent representation agreement with such Licensed Service Provider.

Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, or any of BorderHub’s Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement and the Privacy Policy, you may not access or use the Site or Services. The Site and Services are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the Site or Services.

Any new features or updates to the Site that may be added to the current version of the Site from time to time shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on this page. BorderHub reserves the right to update, change or replace any part of this Agreement by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or the Services following the posting of any changes constitutes acceptance of those changes.

2. Description of Services; No Affiliation with Government Agencies

BorderHub is not affiliated with or endorsed by Immigration Refugees and Citizenship Canada (“IRCC”) or any Canadian government agency. All IRCC and other forms are available without cost from IRCC and other applicable agencies. Use of the BorderHub Site and Services is not required to complete and file such forms.

3. BorderHub Services

BORDERHUB IS NOT A LAW FIRM OR LICENSED IMMIGRATION OR CITIZENSHIP CONSULTANT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN LICENSED REPRESENTATIVE AND ITS SERVICES SHOULD NOT BE CONFUSED WITH ANY TYPE OF LICENSED IMMIGRATION, CITIZENSHIP OR LEGAL ADVICE. YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND YOUR ACCESS AND USE OF THE BORDERHUB SITE AND SERVICES DOES NOT CREATE A LICENSED REPRESENTATIVE-CLIENT RELATIONSHIP BETWEEN YOU AND BORDERHUB. IF YOU PURCHASE SERVICES THAT INCLUDE REPRESENTATION BY A LICENSED SERVICE PROVIDER, YOUR SOLE RELATIONSHIP SHALL BE WITH THE LICENSED SERVICE PROVIDER AND WILL BE GOVERNED BY THE APPLICABLE REPRESENTATION AGREEMENT. IF YOU HAVE QUESTIONS REGARDING LEGAL MATTERS OR NEED LEGAL ADVICE YOU ARE ADVISED TO CONSULT AN ATTORNEY OR OTHER LICENSED SERVICE PROVIDER.

You acknowledge and agree that all information provided through the Site is strictly for informational purposes only and is in no way meant to convey citizenship or immigration information or advice, and BorderHub expressly disclaims any representation or warranty regarding its accuracy, reliability, currency, or fitness for any purpose. The Site may contain certain historical information. Historical information may not be current and is provided for your reference only. BorderHub reserves the right to modify the contents of the Site, or any part thereof at any time, but has no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

4. Accounts and Information

4.1. Your BorderHub Account.

In order to access and use some aspects of the Site and Services, you will be required to create an account (an “Account”) and establish a username and password. If you create an Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date at all times. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that BorderHub can complete your transactions and contact you as needed. BorderHub is not responsible for verifying your information, nor for any damages that may result from the provision of incorrect or mistaken information by you. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You agree not to impersonate anyone else. You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are solely responsible for all actions taken under your account. You agree to notify BorderHub promptly in the event you learn of any unauthorized use of your account. By creating an Account, you agree that you may receive electronic communications from BorderHub and its affiliates, including offers, newsletters, account notices, and updates. If at any time you no longer wish to receive such electronic communications, you may opt out by clicking the designated link in the communication.
 
 BorderHub makes no guarantee of any period of retention of any information stored under your Account and reserves the right to delete such information at any time. You acknowledge and agree that it shall be your sole responsibility to maintain an adequate backup of such information.

5. Access to and Use of Site and Services

5.1. License Grant to You.

Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site solely in the manner authorized and intended by BorderHub. Any rights not expressly granted in this Agreement are reserved by BorderHub. The resale or distribution of access to the Site, any part of the Site, or any materials made available on the Site without the express, written consent of BorderHub is strictly prohibited. All such materials are authorized only for your personal use.

5.2. Restrictions on Your Access To and Use of the Site and Services.
 In connection with your access to or use of the Site or Services, you are prohibited from:

•  Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
•  Using any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome, and Microsoft Explorer);, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
•  Attempting to probe, scan or test the vulnerability of the BorderHub system or network or to breach security or authentication measures without proper authorization;
•  Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
•  Sending unsolicited messages, including but not limited to promotions and/or advertising of products or services to any BorderHub company email or users’ email;
•  Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
•  Copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from BorderHub software, BorderHub Content, or User Content that is not your own;
•  Distributing viruses, malicious code, malware, or any other technologies that may harm BorderHub, the Site, the Services, or a user;
•  Violating or circumventing any applicable laws, regulations, or BorderHub technical measures, security measures, or policies;
•  Violating, infringing, or breaching the rights of BorderHub or a third party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;
• Submitting to the Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or user content; or
•  Knowingly withholding or failing to disclose information requested by BorderHub or required to be included or disclosed on a government application or other government form or engaging in any activity that constitutes fraud.

Violations of system or network security may result in civil or criminal liability. BorderHub will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5.3. Feedback and Submissions.

In the event that, either, upon request or by your own volition, you provide BorderHub with specific submissions, feedback, ideas, creative assets, service reviews, suggestions, proposals, plans, or other materials, whether online, by email, by social media, by postal mail, or otherwise (collectively, “Submissions”), you agree that BorderHub shall be the sole exclusive owner of such Submission, and that BorderHub may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you submit.  You further agree to waive all moral rights associated with such Submission.

6. Service Fees

6.1. Service Fees.

BorderHub charges certain fees for the use of the Site and the Services provided (“Service Fees”). All Service Fees will be set forth on the Site or otherwise communicated to you directly once BorderHub agrees to provide the Services to you. You agree that, by continuing to use the Site and Services once you are advised of the Service Fees, you are agreeing to the Service Fees for the Services accessed. You further agree that the Service Fees are in no way being provided as consideration for any type of immigration or citizenship related advice, service or representation.

IRCC, USCIS, or other agencies charge fees for the filing and processing of various government forms and visa applications (“Government Fees”). Licensed Service Providers charge service fees with respect to all Licensed Services (“External Service Fees”). Government Fees and External Service Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing, or to the applicably Licensed Service Provider pursuant to the terms of your engagement of such Licensed Service Provider.

6.2. Payment of Service Fees.

When you purchase Services for which Service Fees apply, you will be required to provide BorderHub with valid, up-to-date credit card or other payment information. You authorize BorderHub to charge your credit card or other payment methods for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If BorderHub is unable to charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if BorderHub does not receive your payment when due, BorderHub will have no obligation to provide the Services associated with those Service Fees and BorderHub shall be authorized to terminate this Agreement and your Account hereunder. No termination or cancelation of this Agreement shall entitle you to a refund for any Services completed on your behalf, and you hereby release BorderHub from any damages that may result from the termination of your Account and any associated loss of access to the Site or any Services.

6.3. Refunds/Credits.

In the event that you terminate your Account prior to the conclusion of your applicable billing term, any applicable Service Fees shall be refunded on a pro-rated basis for each outstanding month of such billing cycle.

If you believe there has been a billing error or you are not satisfied with the Services, please contact your account manager, or by submitting your request to support@BorderHub.ai. BorderHub reviews requests for refunds and credits on a case-by-case basis, and you may be required to provide us with additional information or documentation. The determination of whether to issue a refund or credit, other than a refund due to a billing error by BorderHub, shall be made in BorderHub’ sole discretion, in good faith, and we reserve the right to deny a request for a refund or credit.

7. Ownership and Intellectual Property Rights

All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs, and written and other materials that are part of the Site or accessible through the Services, other than User Content (collectively, “BorderHub Content”), are the sole exclusive property of BorderHub or its licensors. BorderHub Content is intended solely for personal, non-commercial use. No right, title, or interest in any BorderHub Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as explicitly noted in this Agreement), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the BorderHub Content, the Site or any related software. The Site and any related software, inclusive of the BorderHub Logo are copyright of New Migrant Inc.

8. 8. Third Parties; Third Party Content and Services

You acknowledge and agree that references on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. BorderHub does not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, while BorderHub makes all reasonable efforts to verify the Licensed Service Providers, BorderHub is in no way guaranteeing the level of service provided by such Licensed Service Providers, and makes no representations or warranties regarding any Licensed Service Providers that may be referenced on the Site, including whether any Licensed Service Provider is licensed, qualified, competent, or otherwise capable of providing adequate legal advice regarding your specific matter. You agree that it shall be your sole responsibility to verify the license, accreditation and ability of any Licensed Service Provider. Should you have any questions or concerns regarding any Licensed Service Provider, you are requested to contact BorderHub immediately, and abstain from engaging with any such Licensed Service Provider. 

BorderHub may provide links to third-party websites. BorderHub is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk. BorderHub is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully any such third-party’s policies and practices and make sure you completely understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

9. 9. Disclaimer of Warranty

The Site and the Services are provided by BorderHub on an “as is” and “as available” basis. BorderHub makes no representations or warranties of any kind, express or implied, as to the Site, the Services, information, content, or materials offered on the Site or through the Services. To the fullest extent permissible by applicable law, BorderHub disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. 
 
 Without limiting the foregoing, BorderHub does not guarantee, represent or warrant that:

1. your use of the Site or the Services will be uninterrupted, timely, secure, virus or harm free, or error-free; 

1. any specific result or benefit will result from your use of the Site or the Services, or your engagement with any Licensed Service Provider, including, without limitation, any specific approval of any citizenship, working visa, study visa, travel visa, or other immigration permit;
    
2. the information provided under the Site, through the Services, or by any Licensed Service Provider will be accurate or reliable; or

1. the information on which the Site or the Services is based upon will be up to date or current.

You acknowledge and agree that from time to time BorderHub may remove or discontinue the operation of the Site or the Services for indefinite periods of time, without notice. You agree that BorderHub shall not be liable for any resulting damages occasioned by such suspension of service. You expressly agree that your use of, or inability to use the Services or the Site is at your sole risk.

You further acknowledge and agree that neither the Site, nor the Services, is in any way meant to convey personalized information or a personalized recommendation of any kind.

10. 10. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL BORDERHUB, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR ENGAGEMENT OF ANY LICENSED SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BORDERHUB, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL BORDERHUB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL BORDERHUB BE RESPONSIBLE FOR ANY LICESNED SERVICES PROVIDED BY ANY LICENSED SERVICE PROVIDER.

11. 11. Indemnification

You agree to defend, indemnify and hold harmless BorderHub, its affiliates, and their respective directors, officers, and employees from and against any and all claims, damages, costs, and expenses, arising from or related to your breach of this Agreement, your improper use of the Site or Services, the breach of any terms of your engagement with any Licensed Service Provider, or your breach of any applicable law or infringement of the rights of a third party. BorderHub shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, BorderHub, financial or otherwise, without the written consent of BorderHub.

12. 12. Beta Services

From time to time, BorderHub may, at its sole discretion and in whatever capacity it deems appropriate, make beta versions of any part of the Site available to you. You acknowledge and agree that your use of any such beta services is at your sole discretion and that all beta services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms that will be presented to you prior to such use. You further acknowledge and agree that all of your obligations, and all other restrictions and reservation of rights as set out under this Agreement shall apply equally to your use of such beta services prior to their formal adoption into the Site.

You hereby release BorderHub. from any harm or damage arising out of or in connection with any usage of a beta service.

13. 13. Termination

This Agreement shall remain in force and effect unless and until terminated by either you or BorderHub. You may terminate this Agreement at any time by providing written notice to BorderHub, via email to support@BorderHub.ai. BorderHub may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in BorderHub’ sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. Upon any termination of this Agreement, you must immediately discontinue use of the Site.

14. 14. Dispute Resolution by Binding Arbitration

All customer concerns can be resolved quickly by directly contacting your account manager or emailing support@BorderHub.ai. In the event of a dispute between the parties concerning the subject matter set out herein, the parties agree to make good faith efforts to resolve such dispute informally.

If the dispute cannot be settled in the manner contemplated above, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the Vancouver International Commercial Arbitration Centre (the “VanIAC”). The parties agree that the appointing authority with respect to all claims relating to the subject matter of this Agreement shall be the VanIAC and any such action shall be administered by the VanIAC in accordance with its rules. 

The parties agree that each party may only bring claims against the other in an individual capacity and not as plaintiffs or class members in an any purported class or representative proceeding, including arbitration. 

Additionally, in the event of a dispute with any Licensed Service Provider related to the College of Immigration and Citizenship Consultants’ (the “College”) Code of Professional Ethics, you may make a complaint to the College, through their website (https://college-ic.ca/), under the heading “File a Complaint”, or by containing the College at the address set out below: 

College of Immigration and Citizenship Consultants
 5500 North Service Rd., Suite 1002
 Burlington ON L7L 6W6
 Toll free: 1-877-836-7543

15. 15. Miscellaneous Terms

15.1. Consent to Electronic Communications. You consent to receive communications from BorderHub electronically, and you agree that all agreements, notices, disclosures, and other communications that BorderHub provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.

15.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of BorderHub and any attempt by you to do so shall be null and void.

15.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

15.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will, to the fullest extent permitted under applicable law, continue in full force without being impaired or invalidated in any way, and the unenforceable portion shall be deemed to be severed from this Agreement and such determination shall not affect the validity and enforceability of any other remaining provisions.

15.5. Governing Law. This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

15.6. Survival. The obligations and liabilities of the parties incurred under this Agreement prior to any applicable termination date shall survive the termination of this Agreement for all purposes.

15.7. Entire Agreement. This Agreement, inclusive of the Privacy Policy and any other policies or operating rules posted by BorderHub on the Site or with respect to the Site or any Service constitutes the entire agreement between the parties, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).

15.8. The parties further agree that any ambiguities in the interpretation of this Agreement Service shall not be construed against the drafting party.