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 The material on the Website may be out of date, and the Application Centre makes no commitment to update such material.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
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 authentication 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 to submit a Chinese visa or an authentication 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 application status query services.
1. 10 “Basic Services” refers to the services directly related to visa or authentication 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 them, including, but not limited to, regular, express and urgent application fees.
1. 13 “Authentication 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. 14 “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. 15 “Pickup Form” refers to the receipt issued by
the Application Center to
clients who have submitted their Chinese visa applications to the Application
Center, and
which serve as the only certificate providing payment of the Visa Fee,
Authentication Fee and Application Service Fee as well as for collecting their
passports, visas and document of authentication from the Application Center.
Article 2 Regarding 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, document of authentication and Clients' Information between Embassies and Consulates and the Application Center.
2. 3 To collect visa fee and authentication fee in accordance with the requirements of the Embassies and Consulates and to deliver passports, visas and document of authentication to clients on behalf of the former.
2. 4 To release and transmit information about Chinese visa policy and consular authentication 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
authentication applications, and issuing visas and authentication 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 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 consular authentication’s decision-making process. The Embassies and Consulates have the authority to decide whether authentication or 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 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 authentication 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’ queries.
3. 3 Clients are required to submit all the relevant information required for a visa or authentication application to the Application Center, and ensure that the information provided is true, reliable and complete. Clients acknowledge and agree that acceptance by the Application Center of such information 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 are advised to carefully check all the information on the Pickup Form and ensure 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 it will make necessary corrections as soon as possible.
3. 5 Clients must carefully check all the information on the visa or document of authentication issued to them and ensure it is correct at the time of collection of the passport containing the visa or document of authentication. If any mistakes are found, clients must contact the Application Center immediately. The Application Center will try its best to help the Client with modification or re-issuance of the visa or document of authentication. Clients acknowledge that modifying or re-issuing a visa or document of authentication may involve new fees if the information on the issued visa is found incorrect due to the reasons or causes assignable to the Clients. 3. 6 To ensure service safety and quality, the Application Center employs a network monitoring system and telephone recording system. The actions of clients at the Application Center as well as any 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 of the visa.
The Application Center
accepts no obligation of taking care of any passport if clients fail to collect
the documents before visa expiration. After the expiry of the visa, or 365 days
from 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 document
of authentication as soon as possible. The Application Center cannot accept any obligation to take
care of any document of authentication if clients fail to collect the document before the
expiration of the document of authentication. After the expiry of the visa, or
365 days of the decision by the Embassies and Consulates to issue or refuse the
authentication application, the Application Center has the right to deliver the
relevant documents to the Embassies and Consulates.
Article 4 Regarding 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 their entrusted representative.
4. 2 In order to process Clients' visa or authentication 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 client 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 only proper use of all the information.
4. 7 The Application Center will collect, transfer, store, process and use all client information in accordance with local laws for the purpose of fulfilling its legal responsibilities and obligations, including but not limited to applying for Chinese visas and authentication.
4. 8 The Application Center will take every reasonable
precaution to strictly ensure the safety of the personal information and
documents of the applicants 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 Regarding Liability
5. 1 If a passport or document is lost or damaged while in the custody of the Application Center, the Application Center will bear the reasonable cost incurred by applicants for replacement of passports following the normal application procedures with their country’s passport authority or for replacement of documents. The cost will be reimbursed on presentation of the copy of the receipt issued by the passport or relevant 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 or authentication applications at an appropriate time in accordance with their travel or use arrangement. Under no circumstances will the Application Center be responsible or liable for any delay of travel or use arrangement 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 elects to apply by post, or requests return delivery by post in regard to a processed application, the Application Center 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, express or implied, in connection with the visa or authentication 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 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 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. 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 authentication services will be heard by a court in the resident state
or province.
Article 6 Other Terms
6. 1 The Application Center, with 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 the Application Center
provides.