1. Disclaimer
While the Chinese Visa Application Service Center(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 The material on the Website may be out of date, and the Application Centre makes no commitment to update such material.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 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), 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.
4.5 Personal 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.