TERMS OF USE CAPAGO

Effective date: 04/10/2023

INTRODUCTION

These terms of use apply to all Users who consult and/or use Capago’s website, as defined herein, in order to obtain information regarding Capago’s products and services related to the submission of visa applications to Capago’s Client which has mandates Capago for this purpose.

ARTICLE 1 - DEFINITIONS

In these terms of use, the following terms shall have the meaning specified hereafter:

Article refers to any article of these terms of use
Capago Refers to Capago S.A. parent company and/or its subsidiaries and/or affiliated agents
Capago’s website or its website or our website Refers to any digital service provided by Capago, including but not limited to websites (domains and subdomains), mobile applications and all other digital platforms of Capago
Client refers to any governmental body, diplomatic missions and/or similar organisation that has contracted with Capago for representation and outsourcing services.
User refers to any individual, group of individuals or mandated third party who uses and/or consults Capago’s website.

These definitions are not exhaustive and other definitions may be added hereafter.

The meaning of the defined terms applies to both the singular and the plural of these terms.

The headings used in these terms have been inserted for ease of reference only and do not affect its meaning or interpretation.

The terms "include", "including", "in particular" and other terms having the same meaning are not restrictive.

ARTICLE 2 - USE OF CAPAGO’S WEBSITE

By accepting these Terms of use, the User acknowledges that access to and use of Capago’s website is subject to these Terms of use.

Capago makes every possible effort to ensure that the information published on its website is up-to-date and to provide Users with accurate information. However, Users should be aware that data transmission on the internet, circulating across a wide range of different types of networks, shall not be considered as totally reliable from the technical point of view. Capago cannot therefore guarantee the accuracy of the data appearing on its website.

Use of the Capago’s website is therefore the sole responsibility of the user.

Any errors or omissions on Capago’s website should be reported to the following e-mail address: contact@capago.eu

The purchase of Capago’s products and/or services shall be governed by the General terms and conditions.

ARTICLE 3 - PROHIBITED USES OF CAPAGO’S WEBSITE

When accessing or using Capago’s website, the User agrees not to:

In the case of a violation and/or unauthorised use, the User may face legal action.

ARTICLE 4 - LIMITATION OF USE

Without prejudice to any other action, Capago may, at its discretion or as instructed by its Client, temporarily or permanently limit, suspend or terminate, in whole or in part, access to or use of its website for one or multiple users. Capago may take all appropriate technical and legal measures to make these limitations effective against any behaviour or use deemed unusual or dangerous by Capago.

ARTICLE 5 - COMMUNICATION

By agreeing with these terms of use, the User confirms to provide an accurate mobile number, email address or any other information for being able to receive any communication. The Service user confirms to be the owner or the legitimate user of the mobile device, phone, email address or any other appropriate device. The User acknowledges that using another person's mobile phone or email address or providing inaccurate mobile phone number or email address, may entail disclosure of the User's confidential information which disclosure shall be at the sole risk of the User.

If the Service user does not receive SMS or emails, Capago should be promptly informed by chat, email or phone mentioned on Capago’s website.

The Service user agrees to comply with all instructions we may give concerning the SMS or email, including any security instructions. Capago reserves the right to withdraw this service at any time and without notice.

By registering into the virtual queuing system (if applicable) to book an appointment, Users acknowledge to receive communication from Capago, including but not limited to SMS and emails. The means of contact are based on the information provided by the User.

ARTICLE 6 - NO LIABILITY

6.1. Capago’s website

The use made of Capago’s website, and any elements or information obtained via our website, is the exclusive responsibility of the User.

Capago makes every effort to ensure that its website is constantly accessible. Please note that access to our website may be interrupted for maintenance and for any other reason, technical in particular. Capago shall in no way whatsoever be held liable for these interruptions and for the consequences that may result to Users.

Capago provides the User with no guarantee of any sort, express or implicit, as to the quality of the services on Capago’s website or their marketable quality, the accuracy of any information displayed on our website, the compliance of the service or whether the result meets the expectations of the User, and Capago declines all responsibility for any disputes, actions or third party claims made to exercise their rights, especially private rights, on any content not created by Capago.

At different stages on Capago’s website, the User may, via hypertext links or any other means of digital redirection, have the possibility to be redirected to third-party digital platforms that could pertain, in particular, to the Client. These hypertext links or any other means of digital redirection to sites, applications or third-party digital platforms do not in any way indicate a partnership or association with Capago.

These references are distributed by Capago with the sole purpose of providing the User with additional information. Neither Capago nor its employees or associates may be held liable in any way for the existence, content and/or relevance of the information disseminated through these websites, applications or other digital platforms. Unless otherwise indicated, none of these references is verified or guaranteed by Capago.

6.2. Communication

The User acknowledges that the communication service may, at any time, be adversely affected by problems with the User’s mobile phone network, internet connection, force majeure events including, without limitation, interference to the network and internet coverage. Capago does not guarantee the delivery of SMS text messages, emails or any other communication and is not responsible or liable to the User for any loss, damage or expenses incurred directly or indirectly by the User as a result of any difficulties regarding this communication delivery service.

Moreover, Capago shall not be held responsible for any errors on, without limitation, mobile numbers or email address, which may result in non-receipt or delay of the SMS, emails or any other communication.

6.3. Indemnity

The User agrees to indemnify and hold harmless Capago, its employees, associates, directors, agents, subsidiaries and partners against any complaint or claim, including the costs of legal action brought by a third party arising from a violation of the terms of use or from a violation by the User of a national provision or of the rights of a third party.

Capago cannot, under any circumstances, be held liable for damages of any kind, including but not limited to, caused directly or indirectly, by accident or coincidence (including but not limited to loss of earnings, interruption of activity or loss of information) arising from the use or the inability to use Capago’s website.

ARTICLE 7 - VIOLATIONS AND COMPENSATION

The User acknowledges that any violation or attempted violation of one or more of these terms of use causes certain and direct harm to Capago and that, as a result, Capago is entitled to seek reparations and compensation.

The User also acknowledges that Capago is entitled to seek an injunction from the courts to suspend or terminate the violation or attempted violation of these terms of use by the user or partners, subordinates or affiliates. Capago is entitled to receive compensation for all costs, expenses and damages incurred in obtaining such injunctions against the User, including legal fees.

ARTICLE 8 - INTELLECTUAL PROPERTY

Capago’s website content is the intellectual property of Capago and is protected by copyright, trademarks, database rights, intellectual property rights and antitrust laws.

Capago’s website content is the intellectual property of Capago and is protected by copyright, trademarks, database rights, intellectual property rights and antitrust laws.

Access to our website gives the Users no rights other than that of viewing the content.

Users may retrieve and display the content of Capago’s website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for their own personal, non-commercial use, provided that Users keep intact all and any copyright and proprietary notices.

Users may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website without written permission from Capago. The use of any elements on Capago’s website for other purposes, and in particular for public, commercial or humorous purposes, is strictly forbidden and constitutes an act of infringement which shall be subject to legal action.

ARTICLE 9 - GOVERNING LAW AND DISPUTE RESOLUTION

These terms of use are subject to and interpreted in accordance with the laws applicable in the country of the visa application centre concerned. Any dispute that is not resolved by compromise will be brought before the competent court of the location where the above mentioned visa application centre is located.

ARTICLE 10 - SEVERABILITY

The invalidity or unenforceability of one or more provisions of these terms of use does not impugn in any way the validity and enforceability of the remainder of the provisions. The titles of the articles and sections and subsections are provided only as a reference and do not limit the content of each section.

ARTICLE 11- NON-WAIVER

Any non-action by Capago against a violation of one or several provisions of these terms of use by one or more Users does not constitute an abandonment of interest or tacit acceptance. Capago reserves the right to take any action it deems useful.

ARTICLE 12 - CHANGES OF THESE TERMS OF USE

Capago in its sole discretion, may change, amend, cancel or withdraw any or all of these terms of use at any time without any prior notice. Any such change shall be displayed on Capago’s website.

ARTICLE 13 - GENERAL

The User hereby accepts and confirms that he/she, prior to using Capago’s website, has read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein.

For any additional questions or requests relating to these terms of use, please write to us by email at: contact@capago.eu.