While
the Chinese Visa Application Service Center (hereinafter referred to as the
“Visa Application Center”) endeavors to ensure that the information on the
Website is correct, the Visa Application Center does not warrant the accuracy
and completeness of the material on the Website. The Visa Application Center
may make changes to the material on the Website, or to the products and prices
described in it, at any time without notice. The material on the Website may be
out of date, and the Visa Application Center makes no commitment to update such
material.
The material on the Website is provided “as is”,
without any conditions, warranties or other terms of any kind. Accordingly, to
the maximum extent permitted by law, the Visa Application Center provides you
with the Website on the basis that the Visa Application Center excludes all
representations, warranties, conditions and other terms including, without
limitation, the conditions implied by law which, but for this disclaimer, might
have effect in relation to the Website.
2. Terms and Conditions
Article 1 Definitions
1.1 “Embassy” refers to the Embassy of the People's Republic of China.
1.2 “Consulate General” refers to the Consulate General of the People's
Republic of China.
1.3 “Other Consular
Institutions” refers to the Consulates, consular offices and related
institutions of the People's Republic of China.
1.4 “Embassies and
Consulates” refers to the Embassies and/or Consulates General and/or Other
Consular Institutions.
1.5 “China Visa Application
Center” refers to the institution that provides handling services relating to
applications for Chinese visas and legalization according to the working
procedures set by the Embassies and Consulates, hereinafter referred to as the
“Visa Application Center”.
1.6 “Clients” refers to any
individual or a third party authorized by the former submitting a Chinese visa
or legalization application to the Visa Application Center including
individuals, travel agencies or other agencies.
1.7 “Clients' Information”
refers to the data and information that Clients provide to the Visa Application
Center in the form of paper, electronic media or any other form deemed
acceptable in order for the Visa Application Center to provide clients with
appropriate services.
1.8 “Personal Information”
refers to all the required information related to a person included in the
application documents submitted by a client, including, but not limited to,
name, gender, date of birth, place of birth, marital status, citizenship,
passport information, telephone number, health record, criminal record,
residential address, place of employment, family members, as well as any video
recording, telephone call recording, email content and other private
information.
1.9 “Website” refers to the
website located at www.visaforchina.org where
online services are provided to clients, such as information announcements,
online application form completion, online appointment and application status
inquiry services.
1.10 “Basic Services” refers
to the services directly related to visa or legalization applications that the
Visa Application Center provides to clients.
1.11 “Extended Services”
refers to services provided by the Visa Application Center for the convenience
of clients other than the Basic Services.
1.12 “Visa Fee” refers to
consular fees and charges payable to the Embassies and Consulates and collected
by the Visa Application Center from applicants on behalf of the Embassies and
Consulates at rates prescribed by them, including, but not limited to, the
regular application fee, express application fee and urgent application
fee.
1.13 “Legalization Fee”
refers to consular fees and charges payable to the Embassies and Consulates and
collected by the Visa Application Center from applicants on behalf of the
Embassies and Consulates at rates prescribed by the Embassies and Consulates,
including, but not limited to, the regular application fee, express application
fee and urgent application fee.
1.14 “Application Service
Fee” refers to fees charged by the Visa Application Center to clients for
providing them with Basic Services. The fees charged for Extended Services are
not included in the Application Service Fee.
1.15 “Pickup Forms” refers to
receipts issued by the Visa Application Center to Clients who have submitted
their Chinese visa or legalization applications to the Visa Application Center,
which serve as the only certificate
proving payment of the Visa Fee, Legalization Fee and Application
Service Fee as well as for collecting their passports, visas and documents of
legalization from the Visa Application Center.
Article 2 Regarding
the Basic Services Offered by the Visa Application Center
2.1 To receive clients and
classify their application documents in accordance with the requirements of the
Embassies and Consulates.
2.2 To provide clients with
intermediate business services, including computer entry of basic information
and transmission of passports, visas, documents, documents of legalization and
Clients' Information between Embassies and Consulates and the Visa Application
Center.
2.3 To capture fingerprints
and other biometric information as well as to collect Visa Fee and Legalization
Fee in accordance with the commissions and requirements of the Embassies and
Consulates and to deliver passports, visas and documents of legalization to
Clients on behalf of the Embassies and Consulates.
2.4 To release and transmit
information about Chinese visa policy and consular legalization policy in
accordance with the requirements of the Embassies and Consulates in a timely
manner through website, information desk, telephone, fax or e-mail.
2.5 The Visa Application
Center hereby states in particular that, government functions such as
assessing, approving or refusing visa or legalization applications and issuing
visas or legalization documents, come under the exclusive authority of the
Embassies and Consulates, and the Visa Application Center is not legally
empowered to provide any commitment, guarantee, interpretation or other legal
obligations to clients in relation to that exclusive authority.
Article 3 Regarding
the Use of the Visa Application Services and Legalization Services
3.1 Clients acknowledge and hereby confirm that the
Visa Application Center is not involved in the visa or legalization assessment
and decision-making process. The Embassies and Consulates have the authority to
decide whether a visa or legalization will be issued or not, the type of the
visa to be issued as well as its validity, duration of stay and number of
entries in accordance with China's relevant laws and regulations. A client is
required to pay the Application Service Fee to the Visa Application Center
regardless of approval or disapproval of an application by the Embassies and
Consulates. The Application Service Fee is non-refundable.
3.2 Clients can make
inquiries to the Visa Application Center via its website or by telephone.
Clients are required to acknowledge that the Visa Application Center is a
non-governmental organization, and its provision of inquiry services for
clients is free and based on its unilateral understanding of clients’ inquiries
and the limited information known and mastered by it in order to provide
assistance in regard to visa or legalization applications. No matter what the
circumstances are, it is not inferred that the Visa Application Center has made
any promise or assurance, nor does it bear any other legal responsibility for
the answers to clients’ inquiries.
3.3 Clients are required to submit
to the Visa Application Center all the relevant Clients' Information which is
necessary for any visa or legalization application, and to ensure that the
information provided is true, reliable and complete. Clients acknowledge and
agree that acceptance by the Visa Application Center of the Clients'
Information provided does not mean that such Clients' Information as is
provided is deemed sufficient. The Embassies and Consulates have the right
to require a client to provide additional supporting documents or require the
applicant to attend an interview.
3.4 Clients shall carefully
check all the information on the Pickup Form and make sure that it is correct
when receiving this document issued by the Visa Application Center. If any
mistakes are found, clients must contact the Visa Application Center
immediately. The Visa Application Center will make necessary correction as soon
as possible.
3.5 Clients must carefully
check all the information on the visa or document of legalization issued to
them and make sure that it is correct when collecting the document of
legalization or their passport containing the visa. If any mistakes are found,
clients must contact the Visa Application Center immediately. The Visa
Application Center will try its best to help them with modification or
re-issuance of the visa or document of legalization. Clients acknowledge that
modifying or re-issuing a visa or a document of legalization may involve new
fees if the information on the issued visa or document of legalization is found
incorrect due to the reasons or causes assignable to them.
3.6 To ensure service
safety and service quality, a network monitoring system and telephone recording
system have been installed by the Visa Application Center. The actions of
clients at the Visa Application Center as well as the telephone conversations
between clients and the Visa Application Center may be recorded and preserved,
and clients hereby acknowledge and agree to this arrangement.
3.7 Unless otherwise
notified by the Visa Application Center, clients should collect their passports
and visas before the expiry date of the visa. The Visa Application Center
accepts no obligation of keeping any passport if clients fail to collect it
before the visa expiration. After the expiry date of the visa, or 365 days
after the decision by the Embassies and Consulates to issue or refuse the visa
application, the Visa Application Center has the right to deliver the relevant
travel documents to the Embassies and Consulates, which will return them to the
competent authority of the passport issuing country.
Clients should collect their
documents of legalization as soon as possible. The Visa Application Center
accepts no obligation of keeping any document of legalization if clients fail
to collect it before its expiry date, or 365 days after the decision by the
Embassies and Consulates to issue or refuse the legalization application. The
Visa Application Center has the right to deliver the relevant documents to the
Embassies and Consulates.
Article 4 Regarding
the Use and Protection of Personal Information
4.1 Clients hereby
agree and confirm that their Personal Information can be collected,
transmitted, stored, processed and used by the Visa Application Center in
accordance with this article whether such information is transmitted to the
Visa Application Center through the Internet or directly by the clients
concerned or their entrusted representatives.
4.2 In order to process
Clients' visa or legalization applications, the Visa Application Center must
collect related personal information about the client from the application
documents submitted and enter the information into its computer system.
4.3 The Visa Application
Center may collect Clients' Personal Information through telephone, email, fax,
application documents (including passports and photos etc.), online application
system, online appointment system, video monitoring system and other media.
4.4 Personal Information
will be submitted to the Chinese Embassy or Consulate-General through the Visa
Application Center's proprietary and encrypted channel and may be transferred
to and stored in countries other than the client's country of residence, such
as the People's Republic of China.
4.5 Personal Information,
including video recording, telephone recording, electronic
information, etc., may be collected for later use by the Visa Application
Center when necessary (e.g., when it is requested by the competent department
of the local government or for purpose of internal service supervision).
4.6 Physical information
provided by Clients will be transferred to and stored at the Chinese Embassies
or Consulates. The biometric information will be transferred directly by
encryption to the Chinese Embassies or Consulates after being collected. The
Visa Application Center will save the collected clients' information in
physical or electronic form and take reasonable administrative measures, in
order to prevent information leakage or unauthorized use and ensure the only
proper use of all the information.
4.7 The Visa Application
Center will collect, transfer, store, process and use all the Clients'
Information in accordance with local laws for the purpose of fulfilling the
Visa Application Center's legal responsibility and obligation, including but
not limited to handling application for Chinese visas and legalization.
4.8 The Visa Application
Center will take every reasonable precaution to ensure the safety of the
Applicants’ Personal Information and documents strictly in line with relevant
laws of the resident country, but is not liable for any consequences due to
events or acts beyond its reasonable control such as natural disasters (Force
Majeure), unforeseen accidents, and larceny, etc., which may occur when the
information and documents are in transit between the Visa Application Center
and the Embassies or Consulates.
Article 5 About
Liability
5.1 If a passport or
documents for legalization are lost or damaged under the custody of the Visa
Application Center, except for consequences arising from Force Majeure such as
natural disasters, the Visa Application Center will bear the reasonable cost
incurred by applicants for the replacement of their passports or documents
according to the normal application procedure of their country’s authorities.
The expenses will be reimbursed upon presentation of the copy of the receipt
issued by the above-mentioned authorities. However, this agreement does not
mean that the Visa Application Center will be held liable in any way.
5.2 Clients must make
their visa or legalization applications at an appropriate time in accordance
with their travel or use arrangements. Under no circumstances will the Visa
Application Center be held responsible or liable for any delay in their travel
or use arrangements as a result of a client's inappropriate action in regard to
the time of submitting the application or the assessment result of the
Embassies and Consulates.
5.3 If a client chooses
to apply by post, or requests return delivery by post in regard to a processed
application, the Visa Application Centre will not be responsible or liable for
any delay, delivery to a wrong address, or damage to or loss of the documents
by any mail service or delivery service company or not by the Visa Application
Center.
5.4 To the maximum
extent permitted by law, the Visa Application Center expressly disclaims all
conditions and warranties, explicit or implied, in connection with the visa or
legalization application services other than any conditions or warranties
expressly stated in these terms. Where the law precludes such exclusion and
implies certain terms, conditions and/or warranties into the terms
("Implied Terms"), the liability of the Visa Application Center for a
breach of such Implied Terms shall be limited, at the choice of the Visa
Application Center, to any one or more of the following:
(1) Re-supply of the relevant application services;
or
(2) Cost of the re-supply of the relevant
application services; or
(3) Any amount paid by the Client to the applicable
government department or authority in regard to the relevant application
services (upon presentation of a proper receipt).
5.5 Clients acknowledge
and agree that under no circumstances will the Visa Application Center be
liable to them or to anyone claiming through them for any indirect, incidental,
special and/or consequential losses or damages of whatever nature, or for loss
of profits, loss of opportunity, loss of business or goodwill or interruption
of business, whether arising out of or in connection with their application
and/or any of the visa or legalization application services, and whether or not
relating to any act, error, omission or negligence by the Visa Application
Center or any officer, agent, employee and representative of the Visa
Application Center.
5.6 All terms hereof
are governed by laws of the respective state or province where the Visa
Application Center is located. Litigation relating to visa or legalization
services will be heard by a court in the resident state or province.
Article 6 Other
Terms
6.1 The Visa
Application Center, in its sole discretion, may change, amend, cancel or
withdraw any or all of the terms and conditions mentioned herein at any time
without any prior notice. If a client is dissatisfied with the changes being
made, the client's sole and exclusive remedy is to refuse the services which
the Visa Application Center provides.
6.2 The client hereby
agrees to accept and confirm that the applicant and / or his / her
representative, prior to submitting the visa or legalization application, has
read, understood and agreed to be bound by, without limitation or
qualification, all of the terms, conditions and details provided herein.
1.
Disclaimer