Terms & Conditions
September 6, 2019
Applicable to all users (“You”, “Your” when possessive) of the products and services of VISA RUN INC. operating as “Sherpa”, including all of its websites such as https://www.joinsherpa.com and its applications (“Sherpa”). Wherever used, the term “You” includes all other people, including minors, for whom you purport to act or speak. By dealing with Sherpa, You confirm that You have the authority to act on behalf of all such people.
- By accessing Sherpa, You acknowledge these terms and conditions of use and agree to be bound by them. If You do not agree to these terms, please stop using Sherpa immediately.
- Sherpa reserves the right, at its sole discretion, to modify, alter or otherwise update these terms and conditions at any time, and You agree to be bound by such modifications, alterations or updates immediately upon them being posted on the Sherpa website. None of the staff or agents of Sherpa (other than the CEO, in writing) has the right or authority to amend or waive these Terms and Conditions, other than via posting to the Sherpa website.
- Any commentaries and information contained in, or provided by, Sherpa should not be considered personal legal advice. Please consult with Your lawyer with respect to Your particular circumstances.
- Sherpa and its services are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations.
- Sherpa does not act as a representative of the destination governments, and is in no way affiliated with these governments. Sherpa operates as a third party, submitting applications through our simplified interface, on behalf of You. To this end, Sherpa cannot guarantee performance on behalf of destination governments, and can only speak on behalf of the actions undertaken by Sherpa in submitting visa applications and delivering visas.
- By using Sherpa, You are appointing the Sherpa Team as Your representatives, and authorizing any relevant government to share information about Your application with the Sherpa Team.
- Reasonable effort has been made to ensure that the material contained on Sherpa is accurate at the time of publication. However, Sherpa will not under any circumstances be liable in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, Sherpa, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment. In the event that Sherpa is nevertheless determined by a court of competent jurisdiction to be liable to You, the maximum amount of damages that can be awarded will be equal to the amount that You have paid to Sherpa.
- In the absence of a clear, prominent, and comprehensible indication to the contrary, all amounts cited in or by Sherpa; (a) refer to United States Dollars (USD), and (b) are subject to the application of any and all applicable taxes.
- By accessing Sherpa, You agree to indemnify and hold harmless Sherpa and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach by You of these terms and conditions or the use of this application.
- By accessing Sherpa, You; (a) expressly waive any right to commence or to participate in any class action against or involving Sherpa; and (b) expressly agree to opt out of any class action that may be commenced by another person.
- The contents of Sherpa are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited, including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.
- Other sites accessed by hypertext appearing in Sherpa may have been independently developed by parties other than Sherpa. Sherpa does not guarantee the accuracy of the information contained in such other sites. Please refer to the terms and conditions of such other sites for provisions that may apply to Your use of such sites, and the goods and services they offer.
- Links to other sites should not be taken as Sherpa’s endorsement or approval of such other sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, loss of privacy, viral infection or other destructive or disruptive components on or from such other sites.
- Links to Sherpa from other sites should not be taken as direct involvement of the respective third parties in Sherpa’s operations. By using Sherpa you agree that no legal action arising from your use of Sherpa should be directed at third parties who link to Sherpa. Please refer to the terms and conditions of such other sites for provisions that may apply to Your use of such sites, and the goods and services they offer.
- No consent or waiver by either party (You or Sherpa), or of any breach or default by the other party in its performance of its obligations under these terms will be deemed or construed to be a consent to, or a waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and either signed by, or sourcing from, the party to be bound.
- If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- These terms and conditions are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflicts of laws which would lead to the application of any other laws. By accessing Sherpa, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to Sherpa, this agreement or any related matters.