General Terms and Usage

These Terms and Conditions govern the use of smartisc.ca (Site) owned and operated by Smart Global Services Ltd located at 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria and registered at Prestige Business Center Patriarch, Evtimii Blvd, Sofia. Bulgaria. The use of we, us, our, the Company or SMART GLOBAL SERVICES LTD throughout this document refers to Smart Global Services Ltd (Bulgaria).

We ask that you read these Terms of Use (Terms) in conjunction with our Privacy Policy, which we may update periodically. The current version is available here (Privacy Policy).

The Company provides various immigration services to people wishing to visit or immigrate to Canada. By accessing our Site or using our services, you are acknowledging that you agree to both these Terms and to our Privacy Policy. The use of you or client refers to the user of our Site and/or services. If you do not agree to all of the Terms contained herein and to those addressed in our Privacy Policy, we ask that you immediately leave the Site. Do not review any of the Site’s information or apply for services.

Visa programs refers to the Visa Programs of Immigration, Refugees and Citizenship Canada or those of any other jurisdiction for which the Company provides services.

These Terms may be altered without notice. All modifications, updates, changes or revisions will be posted to this page. You are advised to review these Terms on a regular basis as you will continue to be bound by any amendments to its contents.  If you use the Site or any of our services after such changes have been made, you will be deemed to have accepted the amended Terms. Further, Smart Global Services Ltd may, at its sole discretion at the time of its choosing, stop providing this Site and any or all of its services without notice.

Use of and access to the Site and/or our services is void where prohibited by law. Your use of this Site and/or our services represents and warrants that:

  1. The information you submit is truthful, accurate and complete;
  2. you are over 18 years of age; and
  3. your use of the Site and/or our services is not in violation of any applicable law, regulation or obligation.

The Company is not a government agency, organization or affiliate. It provides a remunerated service to assist clients with visa programs in specific jurisdictions. You can apply to the visa programs, either independently or with the assistance of an independent third party (in accordance with applicable laws) without paying any fees to Smart Global Services Ltd.

No Representation

Your use of the Site and/or Company services means you acknowledge that:

  1. You are representing yourself in all matters;
  2. You are not creating an attorney-client relationship with the Company;
  • You understand the nature of the services the Company will be providing and their attendant cost; and
  1. You understand that the Company has not been endorsed, evaluated or approved by the Government of Canada or any other governmental body for the quality of its services or depth of knowledge.

SMART GLOBAL SERVICES LTD is not a legal practice. It does not engage in the practice of law and does not provide you with advice, opinions, explanations or recommendations of any kind regarding your rights, remedies, defenses, legal position, options for hearings, legal strategies or any other type of legal service whatsoever. You can obtain information about professional legal services from your local Bar Association, the Legal Aid Association or a duly certified immigration consultant. 

SMART GLOBAL SERVICES LTD DOES NOT WARRANT OR GUARANTEE THAT YOU WILL RECEIVE A VISA BY USING ITS SITE OR SERVICES.

Our Services

Smart Global Services Ltd can assist you with your application for documentation to visit or reside permanently in Canada. A list of our services and accompanying fees can be found at https://smartisc.ca/book-consultation/

You are solely responsible for providing the Company with accurate, truthful and complete information. We are not liable for applications that cannot be filed due to missing or inadequate information. We are not liable for applications that are rejected due to incorrect, fraudulent or insufficient information. Supplying false information is a serious offence and you are solely responsible for the validity of the information you provide to us. This includes any photos or other document submissions required after the initial application has been reviewed.

We cannot and do not guarantee that your application will be accepted and do not make any guarantees about the outcome of the application process. Providing us with your application information gives us your explicit authorization to provide our services to you.

If you purchase a service that extends beyond twelve months, we will need your written confirmation that the information and application details we hold on file remain accurate.

The deadline for the submission of application documentation will vary according to jurisdiction and you should ensure you are familiar with the deadlines that apply in your case.

Intellectual Property Rights

SMART GLOBAL SERVICES LTD and its licensors own this Site and the services we provide to our clients. We own all the materials posted on this Site and those provided to you through our services, except for the government forms and publications that we may provide or refer to as necessary. We own the worldwide property rights to the Site, our services, and all the trademarks, service marks and logos they contain.

Absent express permission, you are not allowed to duplicate, copy, reproduce, alter, modify, destroy, distribute, display, publish, perform, license, sublicense, transmit, retransmit, create derivative works of or from, sell, lease, transfer or otherwise use our Site or services or any content appearing therein. You are not permitted to take away, obscure or modify any copyright, trademark, service mark or other proprietary rights notices on the Site or appearing or used in our services materials. All trademarks are trademarks or registered trademarks of Smart Global Services Ltd or the respective owners of third party contributors. No part of these Terms grants you the right in any manner whatsoever to use any trademark, service mark, logo, or the trade name of SMART GLOBAL SERVICES LTD or any third party.

You are not allowed to, or make any attempt to:

  1. decipher, decompile, disassemble, or reverse-engineer any of the software used to provide our Site or services;
  2. circumvent, disable, or otherwise interfere with any security-related features of our Site or services or any features that prevent copying and protect our ownership of the content;
  3. use any robot, spider, bot, site search or retrieval service, or any other manual, automatic or technical device, process or method to retrieve, index, data-mine, store, alter, or in any way reproduce or circumvent the navigational structure or presentation of our Site or services; or
  4. harvest, collect, access, store, or mine information about users of our Site or services.

Our Fees and Pricing

The Company charges you specified fees for assistance in obtaining a visa. These fees are debited from your credit card upon completion of your order.  These fees are payable whether or not your application is successful. The Canadian government of the government of another applicable jurisdiction may also require fees to file and process your application. These external fees are not included in the price we charge for our services and must be paid separately and directly, by you, when required.   

We reserve the right to change our fees at any time and without notice. We also reserve the right to change our currently acceptable payment methods and ask that you comply with any terms and conditions of the payment method you choose.

Smart Global Services Ltd may cancel any services ordered by a client if payment is not received in a timely manner. Payment of taxes due on amounts paid or received through the Site or services is the sole responsibility of the client. We will, however, deduct any taxes or charges from amounts due where legally required to do so.

Our Refund Policy

Your ability to claim a refund varies by jurisdiction. For services relating to Canadian visa programs, please refer to https://smartisc.ca/refund-policy. When you make a payment to smartisc.ca, you are acknowledging that you understand and agree with the refund policy that applies in your case. To discuss refund eligibility, please contact us at smartimmigration@smartisc.ca.

You cannot get a refund on services if we were unable to perform as requested due to events beyond our control. This includes “Acts of God” and “Force Majeure” events like natural catastrophes and acts of war. It also includes changes to visa program requirements and legislative changes or amendments to state acts.

We may, at our entire discretion, provide a refund even when not obliged to do so under existing requirements. We may take special circumstances into consideration, particularly where they occur outside of the client’s control.  Contact us at smartimmigration@smartisc.caif you have questions or wish to make a special request for a refund.

Disclaimers and Disclaimer of Warranty

The information on the Site and that provided by our services is not a substitute for professional legal advice. It is to be used for information purposes only and does not constitute legal services. SMART GLOBAL SERVICES LTD is not a law firm.  None of our employees are qualified or licensed to provide legal advice. What we offer is assistance with visa applications, at your direction. 

The Company does not make any warranties, express or implied, regarding the legal consequences of using our Site or services. We also do not make any warranties, express or implied, regarding the legal consequences of using our forms and other documentary materials. These are provided for general information purposes to assist you with applying for a visa. They are not a substitute for the legal services of an attorney who is familiar with your specific circumstances, eligibility and case history.

You use the Site, and/or our services, at your sole discretion and risk. They are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Smart Global Services Ltd.

SMART GLOBAL SERVICES LTDEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMART GLOBAL SERVICES LTDDISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED: 

       i.        REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, SERVICES AND/OR CONTENT; OR 

      ii.        THAT THE SITE AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR 

     iii.        REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR OUR SERVICES. SMART GLOBAL SERVICES LTDMAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE AND/OR OUR SERVICES.

We do everything we can to make sure our information is accurate, timely and reliable. We also reserve the right to correct errors, change or replace content, and add new information at any time and without prior notice. Such changes may be applied after receiving your application. Nonetheless,

SMART GLOBAL SERVICES LTD DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION PROVIDED THROUGH THE SITE OR OUR SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SMART GLOBAL SERVICES LTDCANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. 

If you choose to rely on any information or advice provided to you by Smart Global Services Ltd, whether verbal or in writing, you do so entirely at your own risk. No information or advice provided by us, or by a third party on our behalf, creates a warranty that isn’t expressly stated in these Terms. Some of these exclusions will not apply if you are governed by the laws of a jurisdiction that forbids the exclusion of certain warranties. 

Limitation of Liability

IN NO EVENT SHALL SMART GLOBAL SERVICES LTD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES OR ANY CONTENT INCLUDED ON THE SITE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SMART GLOBAL SERVICES LTDHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL SMART GLOBAL SERVICES LTD (BULGARIA)’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO SMART GLOBAL SERVICES LTDFOR USE OF THE SITE AND/OR SERVICES.

SMART GLOBAL SERVICES LTD is not liable and assumes no responsibility for any mistakes, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, theft or destruction or unauthorized access to, or alteration of, any content on the Site. We are not liable and assume no responsibility for technical malfunctions, problems with telephone or cellular network lines and providers, computer systems and servers, computer equipment and software, technical providers, the failure of any email due to technical problems or traffic congestion on the Internet or on the Site. This includes any injury or damage to users, devices, equipment or computers related to or resulting from downloading materials from the Site and/or engagement with our services.

UNDER NO CIRCUMSTANCES SHALL SMART GLOBAL SERVICES LTDBE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE AND/OR SERVICES OR FROM ANY CONTENT POSTED ON OR THROUGH THE SITE.

Indemnification

You agree to indemnify, defend, and hold harmless SMART GLOBAL SERVICES LTD and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from:

  1. Your breach of these Terms;
  2. any claim, loss or damage experienced from your use, attempted use, or inability to use the Site and/or our services, including any transactions, financial or otherwise, that you conduct or attempt to conduct;
  3. your violation of any law or regulation;
  4. your infringement of any right belonging to any third party; and
  5. any other matter for which you are responsible either by these Terms or under the law.

You further agree that your use of the Site or of our services will at all times comply with all applicable laws, regulations and guidelines. This includes but is not limited to the provision of services in connection with the Site.

IN NO EVENT SHALL SMART GLOBAL SERVICES LTD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES OR ANY CONTENT INCLUDED ON THE SITE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SMART GLOBAL SERVICES LTDHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL SMART GLOBAL SERVICES LTD (BULGARIA)’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO SMART GLOBAL SERVICES LTDFOR USE OF THE SITE AND/OR SERVICES.

SMART GLOBAL SERVICES LTD is not liable and assumes no responsibility for any mistakes, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, theft or destruction or unauthorized access to, or alteration of, any content on the Site. We are not liable and assume no responsibility for technical malfunctions, problems with telephone or cellular network lines and providers, computer systems and servers, computer equipment and software, technical providers, the failure of any email due to technical problems or traffic congestion on the Internet or on the Site. This includes any injury or damage to users, devices, equipment or computers related to or resulting from downloading materials from the Site and/or engagement with our services.

UNDER NO CIRCUMSTANCES SHALL SMART GLOBAL SERVICES LTDBE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE AND/OR SERVICES OR FROM ANY CONTENT POSTED ON OR THROUGH THE SITE.

Use of Links and Third-Party Sites

At times, we include links to third parties on our Site which may include, but are not limited to, advertisers and vendors. We may also use websites, or direct you to websites, that belong to third parties. You accept and understand that you use those links and third-party sites entirely at your own risk.

We are not liable and do not accept any responsibility for financial transactions that occur on third-party sites. We are also not responsible for their content and do not endorse any products or services offered by third parties. We have no control over and are not responsible for third-party privacy policies and encourage you to exercise due diligence and read the terms and conditions of each site you access.

Miscellaneous

Jurisdiction

Legal Restrictions: These Terms shall be governed by, and interpreted in accordance with, the laws of Bulgaria. Your use of our Site and/or services may also be subject to other local, provincial, state, and/or national laws and regulations It is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily means that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.

Substitution of provisions

If any provision of these Terms is found to be unenforceable, it shall be replaced with an enforceable provision that achieves the intended effect of the one it is replacing. The remaining Terms shall remain in full force and effect and not be invalidated by the substitution.

No authority to act

Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Smart Global Services Ltd. You are not authorized to act on our behalf or represent us in any way.

Sole and complete agreement

This document (Terms) constitutes the entire agreement between you (the user) and Smart Global Services Ltd.  Any other agreements or covenants which may exist between us that relate to the matters covered by these Terms are hereby canceled. 

Assignment of rights

Smart Global Services Ltd may assign its rights and obligations to any third party without prior notice. You do not have the right to assign any of your rights or obligations, and any assignment in violation of this imperative shall be void.

Limited waiver

If we choose to waive any breach or default of these terms, doing so shall not be deemed as a waiver of any previous or subsequent breaches.  

Provision of Notice

Where Smart Global Services Ltd is obliged to serve you with notice, such notice may be provided to your email account or any social networking account that you provided when you registered for our Site or services.