1. Disclaimer
1. DisclaimerWhile the Chinese Visa Application Service
Center (hereinafter referred to as the “Application Center”) endeavors to
ensure that the information on the Website is correct, the Application Center
does not warrant the accuracy and completeness of the material on the Website.
The 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The material on the Website may be out of date, and the Application Center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 Application
Center provides you with the Website on the basis that the 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 “Chinese Visa Application Service 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 “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 Application Center including individuals, travel agencies or other
agencies.
1.7 “Clients' Information” refers to the data and
information that Clients provide to the Application Center in the form of
paper, electronic media or any other form deemed acceptable in order for the
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 Application Center
provides to clients.
1.11 “Extended Services” refers to services provided by
the 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 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
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 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
Application Center to Clients who have submitted their Chinese visa or
legalization applications to the 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 Application Center.
Article 2 Regarding the Basic Services Offered by the
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 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 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
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
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 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 Application Center
via its website or by telephone. Clients are required to acknowledge that the
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
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 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
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 Application Center. If any mistakes are found, clients must
contact the Application Center immediately. The 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
Application Center immediately. The 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 Application Center. The actions of clients at the Application Center as
well as the telephone conversations between clients and the Application Center
may be recorded and preserved, and clients hereby acknowledge and agree to this
arrangement.
3.7 Unless otherwise notified by the Application Center,
clients should collect their passports and visas before the expiry date of the
visa. The 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 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 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 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 Application Center in accordance with this article whether such
information is transmitted to the 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 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 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 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 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).
If necessary, applicants may consult the Data Protection
Department of the Visa Application Center under the relevant laws by contacting
the mailbox:banjulcenter@visaforchina.org
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 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 Application Center will collect, transfer, store,
process and use all the Clients' Information in accordance with local laws for
the purpose of fulfilling the Application Center's legal responsibility and
obligation, including but not limited to handling application for Chinese visas
and legalization.
4.8 The 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
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 Application Center, except for
consequences arising from Force Majeure such as natural disasters, the
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 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 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
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 Center.
5.4 To the maximum extent permitted by law, the
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
Application Center for a breach of such Implied Terms shall be limited, at the
choice of the 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 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 Application Center or any officer, agent,
employee and representative of the Application Center.
5.6 All terms hereof are governed by laws of the
respective state or province where the 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 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 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.