TERMS & CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Scotia Pardons & Waiver Services Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website
- sell, rent or sub-license material from the website
- show any material from the website in public
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- edit or otherwise modify any material on the website
- Redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Scotia Pardons & Waiver Services Inc. express written consent.
You must not use this website to transmit or send unsolicited commercial communications.You must not use this website for any purposes related to marketing without Scotia Pardons & Waiver Services Inc. express written consent.
Access to certain areas of this website is restricted. Scotia Pardons & Waiver Services Inc reserves the right to restrict access to other areas of this website, or indeed this entire website, at Scotia Pardons & Waiver Services’ Inc discretion.
If Scotia Pardons & Waiver Services Inc provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Scotia Pardons & Waiver Services Inc may disable your user ID and password in Scotia Pardons & Waiver Services Inc’ sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Scotia Pardons & Waiver Services Inc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Scotia Pardons & Waiver Services Inc the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Scotia Pardons & Waiver Services Inc or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
Scotia Pardons & Waiver Services Inc reserves the right to edit or remove any material submitted to this website, or stored on Scotia Pardons & Waiver Services Inc’ servers, or hosted or published upon this website.
Notwithstanding Scotia Pardons & Waiver Services Inc rights under these terms and conditions in relation to user content, Scotia Pardons & Waiver Services Inc does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. [Scotia Pardons & Waiver Services Inc] makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, [Scotia Pardons & Waiver Services Inc] does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute advice of any kind. [If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Scotia Pardons & Waiver Services Inc] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss
- for any indirect, special or consequential loss
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Scotia Pardons & Waiver Services Inc has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit [Scotia Pardons & Waiver Services Inc] liability in respect of any:
- death or personal injury caused by Scotia Pardons & Waiver Services Inc negligence
- fraud or fraudulent misrepresentation on the part of [Scotia Pardons & Waiver Services Inc
- the matter which it would be illegal or unlawful for [Scotia Pardons & Waiver Services Inc to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Scotia Pardons & Waiver Services Inc has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Scotia Pardons & Waiver Services Inc officers or employees in respect of any losses you suffer in connection with the website.Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Scotia Pardons & Waiver Services Inc officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Scotia Pardons & Waiver Services Inc.
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Scotia Pardons & Waiver Services Inc and undertake to keep Scotia Pardons & Waiver Services Inc indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Scotia Pardons & Waiver Services Inc to a third party in settlement of a claim or dispute on the advice of legal advisers) incurred or suffered by Scotia Pardons & Waiver Services Inc arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Scotia Pardons & Waiver Services Inv other rights under these terms and conditions, if you breach these terms and conditions in any way, Scotia Pardons & Waiver Services may take such action as Scotia Pardons & Waiver Services deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Scotia Pardons & Waiver Services Inc may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
These terms and conditions, together with DOCUMENTS, constitute the entire agreement between you and Scotia Pardons & Waiver Services in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of JURISDICTION.
New & Existing Clients – Introduction
Scotia Pardon Services helps Canadians in obtaining Record Suspensions, US Entry Waivers & Criminal Record File Purges (Purge). Scotia Pardon Services does not provide legal advice. By using the services of Scotia Pardon Services and/or signing this document, you agree to the terms and conditions of this service as set forth on this document and as setforth on the website of Scotia Pardon Services.
You hereby authorize Scotia Pardon Services to act on your behalf for the purpose of obtaining a Canadian Record Suspension, Purge and/or file destruction from the Parole Board of Canada, and/or for the purpose of obtaining a US Entry Waiver or Visa Waiver from the USCIS (US Citizenship and Immigration Services)/USDHS (US Department of Homeland Security).
Eligibility & Information
You understand that Scotia Pardon Service LLC’s staff calculates your eligibility of said services based on the information you provide to us at the time of initiation of your file. Any discrepancy in this initial
information that is provided to our staff at or after the initial contact, which may affect your eligibility at
the time of receipt of your actual and certified conviction record from the RCMP or other government agencies waives our responsibility of completing your Record Suspension/US Entry Waiver/Purge process. This applies to incorrect/false/misleading information provided by client to Scotia Pardon Services both knowingly or unknowingly. In such a case, your file will be placed on hold until you are eligible and we will resume the services once you are eligible based on the Criminal Code of Canada or Laws of the Government of United States. No refunds will be provided to the client in such cases. If your RCMP Certified Conviction/Criminal Record turns out to be blank, i.e. no criminal record is found attached to your Name, Date of Birth and/or Fingerprints, this will be deemed as a clear/clean Criminal Record and no further action will be necessary by our offices in pursuing a Record Suspension or Purge. No refunds will be provided to the client in such cases. You understand that in such an event where you are not eligible for a Record Suspension/US Entry Waiver/Purge at this time, you authorize Scotia Pardon Services to hold your file until your applicable eligibility period has been completed as set forth by laws of Canada and/or United States ofAmerica.
Scotia Pardon Services Fees
You understand that the fees paid by you as a client to Scotia Pardon Services are for processing of your Record Suspension/US Entry Waiver/Purge Application which includes obtaining your Certified Criminal Conviction Record from RCMP, the local courts, local and provincial police departments, Canadian Forces (if you have been a member of Canadian Forces), preparing your application and filing it with the appropriate government or non
government organizations such as Parole Board of Canada, USCIS/USDHS, Royal Canadian Mounted
Police and any other organizations. Where Scotia Pardon Services may at its discretion and where necessary cover a limited amount of fees payable to some organizations involved, all other fees payable to the Parole Board of Canada, Department of Homeland Security, any courts or police departments, or other agencies or departments that Scotia Pardon Services does not cover will remain the clients responsibility.
Responsibility of Client/Applicant
It is the policy of Scotia Pardon Services to expedite the processes for which the service is being provided to the client in each and every possible way. However, depending on jurisdiction of the clients residence or where the offence(es) took place or depending on the court of law where a trial took place, some clients may need to physically be present at the said organization or agency. Certain police services and courts require the applicant to be present physically in order for them to release any convictions data, court records, arrest records and other documents. If a client lives or was tried in such a jurisdiction, it will be the sole responsibility of the client to assist Scotia Pardon Services in doing the needful for that organization to release the required information or paperwork to Scotia Pardon Services. Scotia Pardon Services does everything possible to ensure the client does not have to physically obtain their information from courts or police services.
Majority of our clients do not need to physically obtain their paperwork from the court or police departments, however in such a case where a client is required to physically obtain their own records from a court, police station or any other organization or agency, no compensation, monetary or otherwise can be claimed by the client from Scotia Pardon Services. For US Entry Waivers, it is a requirement of the US Department of Homeland Security that the applicant attend either a US/Canada border crossing or the nearest international airport (Defined as an airport on Canadian soil that has flights departing to United States) in person in order to be fingerprinted by an officer of CBP (Customs and Border Protection) prior to the issuance of a US Entry Waiver. Clients who apply for a US Entry Waiver through Scotia Pardon Services or any other agency in order to gain access to the United States are required to do so in person. The Government of United States does not provide any exceptions whatsoever in this regard.
It is the sole responsibility of the client to fill out the required forms provided to them by Scotia Pardon Services or any other agencies/organizations completely and accurately and ensure their prompt delivery to our processing offices via physical mail. Since original signatures are required on official forms, and for the safety and security of our client’s privacy, such forms cannot be delivered to our offices via fax or email. Client’s failure to complete and submit the provided forms/information in a timely manner will result in delays or termination of their file for which Scotia Pardon Services will not be held responsible.
You also agree it is NOT the responsibility of Scotia Pardon Services to send you reminders to meet or complete your obligations such as fingerprinting & completing your initial forms. Please refer to your “Welcome Package” for more details & instructions.
It is also the responsibility of client to get fingerprinted in a timely manner and report it to our offices by phone or email. A non refundable fee of $28.57/month/service (with a maximum not exceeding $342.84) will be assessed & charged to the account after 6 months of starting of an application by a client who fails to get fingerprinted or fails to provide the paper work for commencement / completion of their application. This fee covers the costs of storage, protection & safekeeping of a clients sensitive personal information/data at our facilities (both physical & digital), in compliance with Privacy Laws of Canada as well as ongoing management of resources. Delays caused by clients inability to fill out paper work and/or get fingerprinted due to “procrastination” or any other reasons will also delay the completion time for which Scotia Pardon & Waiver Services Inc will not be held responsible.
Clients who choose to make monthly payments towards their file will be responsible for ensuring that their monthly payments are made in a timely manner. A missed monthly payment without prior arrangement with Scotia Pardon Services will result in a late fee of $35. A second missed monthly payment will result in termination of file. Scotia Pardon Services may activate and resume work on such a file at its own sole discretion for a resumption fee of $125 paid prior to resumption of a cancelled/terminated/inactive file started prior to April 1, 2018. Please note for applications started after April 1, 2018, this resumption fee is $175. Any outstanding balances of monthly fees need to be paid in full prior to resumption of such files.
Further Criminal Activity
You understand that any further criminal activity will affect your eligibility towards a Record Suspension/US Entry Waiver/Purge and if you are arrested, convicted or tried in a court of law, a new eligibility period may apply. In such a case, no refunds of fees will be provided to you. We may however upon our discretion hold your file and resume the process at a later time when you become eligible for the said services.
Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
Change of Laws / Regulations (Canada & U.S.A.)
Scotia Pardon Services acts as an agency that helps its clients obtain a Record Suspension, US Entry Waiver and/or Purge from the appropriate government agencies. Scotia Pardon Services does not control, manage, or dictate the laws that go into affect or are changed from time to time by the Governments of Canada or United States. By accepting the services of Scotia Pardon Services, you, the client waives the responsibility of Scotia Pardon Services in provision of its services should the laws, rules or regulations be changed by the Canadian or Unites States governments. These changes include but are not limited to changes in fees payable to government and/or non government agencies, Criminal Codes, Visa programs, local, provincial, state and/or national laws that may directly or indirectly affect a Record Suspension, US Entry Waiver and/or Purge application. Scotia Pardon Services is not responsible for any sudden or immediate change made to the Record Suspension, US Entry Waiver and/or Purge processes by the Government of Canada or the Government of United States or any of their agencies. While Scotia Pardon Services will do everything possible to accommodate its clients in situations where the change of law may directly or indirectly affect a client’s application file, no monetary compensation or refund of fees paid will be provided to the client in such situations
EASTERN & CENTRAL CANADA DIVISION
Scotia Pardon & Waiver Services Inc.
2010 Winston Park Drive, Suite 200
Oakville ON, L6H 5R7
WESTERN CANADA DIVISION
Scotia Pardon & Waiver Services Inc.
1275 West 6 Avenue, Suite 300
Vancouver BC, V6H 1A6