1. Disclaimer
While the China
Visa Application 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 The material on the Website may be out of date, and the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 “China Visa
Application Center” 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 Center”.
1.6 “Clients”
refers to any individual or a third party authorized by the former submitting a
Chinese visa 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, 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 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
accepted 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.
1.13 “Application
Service Fee” refers to the fee 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.
1.14 “Pickup Forms”
refers to the receipts issued by the Application Center to Clients who have
submitted their Chinese visa applications to the Application Center, 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 Center.
Article 2: About the Basic Services Offered by the Application Center
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 Center.
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
Center 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
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: About Use of the Visa Application Services
3.1 Clients
acknowledge and hereby confirm that the Application Center 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 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 through the
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 for its clients for their visa applications. No matter what the
circumstances are, it cannot be interpreted that the Application Center 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 Center 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 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 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 Center. If
any mistakes are found, clients must contact the Application Center
immediately, and the Application Center 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 Center
immediately. The Application Center 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 Center. The actions of
clients at the Application Center as well as the telephone conversation 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 of the visa. The Application Center
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 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.
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 Center in accordance
with this article whether this information is transmitted to the Application
Center 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 Center 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
Center may collect Clients' Personal Information through telephone, email, fax,
application documents (including passports and photos), 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 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 supervision on service).
4.6 Physical
information provided by Clients will be transferred to and stored at the
Chinese Embassies or Consulates. 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 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
applying for Chinese visas.
4.8 The Application
Center 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 Center and the Embassies or Consulates.
Article 5: About Liability
5.1 If a passport
is lost or damaged from the custody of the Application Center, the Application
Center 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 Center 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 Center 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 To the maximum
extent permitted by law, the Application Center 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 Center for a breach of such Implied Terms
shall be limited, at the option of the Application Center, 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).
5.4 Clients
acknowledge and agree that under no circumstances will the Application Center
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 Center or any officer,
agent, employee and representative of the Application Center.
5.5 All terms
hereof are governed by laws of the respective state or province where the
Application Center 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
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 application, has read, understood
and agreed to be bound by, without limitation or qualification, all of the terms,
conditions and details provided herein.