Terms of Use
Terms governing access to and use of the platform
This document is a first draft prepared in accordance with the principles of PIPEDA, Quebec's Law 25 and CASL. It must be reviewed by a lawyer specializing in privacy law before any publication or production use.
These terms govern access to and use of the practice management platform operated by Diarra Global Visa & Immigration Services Inc. By accessing the platform, you agree to be bound by these terms.
1. Purpose and acceptance
The platform is a management tool intended for Regulated Canadian Immigration Consultant firms and their clients. It supports file tracking, document retention, production of service agreements and billing.
Use of the platform constitutes acceptance of these terms. If you do not agree to them, you must stop accessing it.
2. Eligibility
Access is reserved for adults having the legal capacity to contract, and for legal persons acting through a duly authorized representative.
Professional access is further reserved for consultants in good standing with the College of Immigration and Citizenship Consultants and their authorized staff.
3. Accounts and responsibilities
You are responsible for the confidentiality of your credentials and for all activity carried out through your account.
You undertake to provide accurate information, keep it up to date, and notify us without delay of any unauthorized use of your account.
It is prohibited to attempt to access another firm's or another client's data, to circumvent security measures, or to use the platform for any unlawful purpose.
4. Licence to use
Subject to compliance with these terms, you are granted a personal, non-exclusive, non-transferable and revocable right to use the platform for its intended purposes.
No intellectual property right in the platform, its code, its presentation or its components is assigned.
5. Content and data you entrust to us
You retain ownership of the documents and information you upload. You grant us the right to host, process and display them solely to perform the mandate and provide the service.
You warrant that you hold the authorizations necessary to entrust us with any information concerning a third party, in particular a family member or an employee.
You may obtain a copy of your data at any time, in accordance with the privacy policy.
6. Fees, billing and trust account
Professional fees are set out in the separately concluded service agreement. Government fees are not professional fees: they are payable to the competent authorities, are not refundable by the firm and are not included in any flat rate.
Amounts received in advance are deposited in the firm's trust account and administered in accordance with the Code of Professional Conduct of the College of Immigration and Citizenship Consultants.
In the event of a discrepancy between these terms and the signed service agreement, the service agreement prevails as to fees and the scope of the mandate.
7. No guarantee of outcome
No decision on an immigration application rests with the firm. Such decisions belong exclusively to the competent government authorities.
No platform content, including eligibility analyses, checklists and generated documents, constitutes a guarantee of a favourable outcome.
8. Limitation of liability
The platform is provided as is. To the extent permitted by law, we are not liable for indirect damages, loss of profits or loss of data arising from use of the platform.
Nothing in these terms limits the professional liability of the regulated consultant in respect of the mandate entrusted to them, nor the rights conferred on you by law as a consumer.
9. Termination
You may stop using the platform at any time and request closure of your account.
We may suspend or terminate access in the event of a breach of these terms, subject to any required reasonable notice and to our professional file-retention obligations.
Termination of access does not entail immediate destruction of information: it continues to be retained for the periods set out in the privacy policy.
10. Governing law and changes
These terms are governed by the law applicable in the Province of Quebec and by applicable Canadian law. The courts of the judicial district of Montreal have jurisdiction, subject to mandatory consumer protection rules.
We may amend these terms. Any material change is brought to your attention before it takes effect, and continued use of the platform constitutes acceptance of the amended version.