1.Disclaimer
While the Chinese
Visa Application Service Centre(hereinafter referred to as the “Application
Centre”) endeavors to ensure that the information on the Website is
correct, the Application Centre does not warrant the accuracy and completeness
of the material on the Website. The Application Centre 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 The material on the Website may be out of date, and the
Application Centre 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
Application Centre provides you with the Website on the basis that the
Application Centre 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
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 “Chinese Visa
Application Service Centre” refers to the institution that provides handling
services relating to applications for Chinese visas according to the working
procedures set by the Embassies and Consulates, hereinafter referred to as the
“Application Centre”.
1.6 “Clients”
refers to any individual or a third party authorized by the former submitting a
Chinese visa application to the Application Centre, including individuals,
travel agencies or other agencies.
1.7 “Clients'
Information” refers to the data and information that Clients provide to the
Application Centre in the form of paper, electronic media or any other form
deemed acceptable in order for the Application Centre 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, the 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 visa application
status query services.
1.10 “Basic
Services” refers to the services directly related to visa applications that the
Application Centre provides to clients.
1.11 “Extended
Services” refers to services provided by the Application Centre 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
accepted by the Application Centre 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.
1.13 “Application
Service Fee” refers to the fee charged by the Application Centre to clients for
providing them with Basic Services. The fees charged for Extended Services are
not included in the Application Service Fee.
1.14 “Pickup
Forms” refers to the receipts issued by the Application Centre to Clients who
have submitted their Chinese visa applications to the Application Centre, which
serve as the only certificates evidencing payment of the Visa Fee and
Application Service Fee as well as for collecting their passports and visas
from the Application Centre.
Article 2 About the Basic Services Offered by the
Application Centre
2.1 To receive
clients and classify their visa 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 and Clients' Information
between Embassies and Consulates and the Application Centre.
2.3 To collect a Visa Fee in accordance with
the requirements of the Embassies and Consulates and to deliver passports and
visas to Clients on behalf of the Embassies and Consulates.
2.4 To release and transmit information about Chinese visa 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
Application Centre hereby states in particular that, government functions such
as assessing, approving or refusing visa applications and issuing visas, belong
to the exclusive authority of the Embassies and Consulates, and the Application
Centre is not legally empowered to provide any commitment, guarantee,
interpretation or other legal obligations to clients in relation to that
exclusive authority.
Article 3 About Use of the Visa Application Services
3.1 Clients
acknowledge and hereby confirm that the Application Centre is not involved in
the visa assessment and decision-making process. The Embassies and Consulates
have the authority to decide whether a visa will be issued or not, the type of
a 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 Application Centre
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 Application Centre via its website or
through the telephone. Clients are required to acknowledge that the Application
Centre 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 for its clients for their visa applications. No
matter what the circumstances are, it cannot be interpreted that the
Application Centre has made any promise or assurance, nor does it bear any
other legal responsibility for the answers to clients’ queries.
3.3 Clients are
required to submit to the Application Centre all the relevant Clients'
Information required for any visa application, and ensure that the information
provided is true, reliable and complete. Clients acknowledge and agree
that acceptance by the Application Centre 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 request a
client to provide additional supporting documents or request 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 Application Centre. If
any mistakes are found, clients must contact the Application Centre
immediately, and the Application Centre will make necessary correction as soon
as possible.
3.5 Clients must
carefully check all the information on the visa issued to them and make sure that
it is correct at the time when they collect their passports containing the
visas. If any mistakes are found, they must contact the Application Centre
immediately. The Application Centre will try its best to help them with
modification or re-issuance of the visa. Clients acknowledge that modifying or
re-issuing a visa may involve new fees if the information on the issued visa 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 Application Centre. The actions of clients at the Application Centre as
well as the telephone conversation between clients and the Application Centre
may be recorded and preserved, and clients hereby acknowledge and agree to this
arrangement.
3.7 Unless
otherwise notified by the Application Centre, clients should collect their
passports and visas before the expiry of the visa. The Application Centre
accepts no obligation of taking care of any passport if clients fail to collect
the documents before the expiry of the visa. After the expiry of the visa, or
365 days of the decision by the Embassies and Consulates to issue or refuse the
visa application, the Application Centre 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.
Article 4 About
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 Application Centre in accordance with this article whether this
information is transmitted to the Application Centre through the Internet or
directly by the clients concerned or the representatives entrusted by the
clients.
4.2 In order to process Clients' visa applications, the Application
Centre must collect Clients' related Personal Information from the application
documents submitted by them and enter the information into the computer system.
4.3 The Application Centre may collect Clients' Personal Information
through telephone, email, fax, application documents (including passports and
photos), technical equipments, 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 Application Centre's proprietary 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.
4.5Personal Information, including video recording, telephone recording,
electronic information, etc., may be collected for later use by the
Application Centre when necessary (e.g., when it is requested by the competent
department of the local government or for purpose of internal supervision on
service).
4.6 Physical information provided by Clients will be transferred to and
stored at the Chinese Embassies or Consulates. The Application Centre 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 proper use of all the information.
4.7 The Application Centre will collect, transfer, store, process and use
all the Clients' Information in accordance with local laws for the purpose of
fulfilling the Application Centre's legal responsibility and obligation,
including but not limited to applying for Chinese visas.
4.8 The Application Centre will take every reasonable precaution to ensure the
safety of the Personal Information and documents of the applicants strictly in
line with relevant laws of the resident country, but is not be 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
Application Centre and the Embassies or Consulates.
Article 5 About
Liability
5.1 If a passport
is lost or damaged from the custody of the Application Centre, the Application
Centre will bear the reasonable cost incurred by visa applicants for
replacement of passports following the normal application procedures with their
country’s passport authority. The cost will be reimbursed on presentation of
the copy of the receipt issued by the passport authority. However, this
agreement does not mean that the Application Centre will be held liable in any
way.
5.2 Clients must
make their visa applications at an appropriate time in accordance with their
travel arrangement. Under no circumstances will the Application Centre be
responsible or liable for any delay of travel arrangement as a result of a
Client's inappropriate action in regard to the time of submitting the visa
application or the visa assessment result of the Embassies and
Consulates.
5.3 If a client
selects to apply by post, or requests return delivery by post in regard to a
processed application, the 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
Application Centre.
5.4 To the maximum
extent permitted by law, the Application Centre expressly disclaims all
conditions and warranties, express or implied, in connection with the visa
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 Application Centre for a breach of such Implied Terms
shall be limited, at the option of the Application Centre, to any one or more
of the following:
(a)
Re-supply of the relevant application services; or
(b) Cost of
the re-supply of the relevant application services; or
(c) Any
amount paid by the Client to the applicable government department or authority
in respect of the relevant application services (upon being provided with
proper receipt).
5.5 Clients
acknowledge and agree that under no circumstances will the Application Centre
be liable to them or anyone claiming through them for any indirect, incidental,
special and/or consequential losses or damages of whatever nature, or for loss
or 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 application services, and whether or not relating to any
act, error, omission or negligence by the Application Centre or any officer,
agent, employee and representative of the Application Centre.
5.6 All terms
hereof are governed by laws of the respective state or province where the
Application Centre is located. Litigation relating to visa services will be
heard by a court in the resident state or province.
Article 6 Other
Terms
6.1 The Application
Centre, 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 Application
Centre provides.
6.2 The client
hereby agrees to accept and confirm that the applicant and / or his / her
representative, prior to submitting the visa application, has read, understood
and agreed to be bound by, without limitation or qualification, all of the
terms, conditions and details provided herein.