TERMS AND CONDITIONS
Effective date: July 13, 2016.
0 INTRODUCTION
Unless explicitly stated otherwise, Capago International is understood to mean CAPAGO SA parent company and its subsidiaries or affiliated agents.
Capago International provides the resources, tools, services and products relating to the filing and logistical processing of visa applications with the competent diplomatic missions that have exclusively commissioned it for this purpose and specifically for the following functions:
- Receiving from the user-visa applicants their passport/travel document, a completed and signed form and the accompany documents requested to support the application ;
- Collecting the visa fees associated with the application ;
- Registering biometric data (fingerprints and identity photos) if applicable to the visa application ;
- Submitting the completed, filed applications to the competent diplomatic missions ;
- Retrieving the processed documents from the competent diplomatic missions and returning them to the user/visa applicant by mail or in person at the desk in one of our centres.
Visa applicants and/or users of Capago International products or services (referred to hereinafter as “User”) are required to read the terms of use, limitations of liability and refund policy, as well as the conditions of personal data protection described below. This body forms the Capago International general terms of sales and provision of service.
Use of digital platforms, products and/or services made available by Capago International assumes that the user has read, understood and agreed to be bound by these general terms of the sale without limitation. No employee, agent, affiliate structure or contract partner of Capago International has the authority to change, modify, supplement or diminish the present terms and conditions without prior written consent from Capago International.
Capago International does not in any way advise users to avail themselves of information, services or products offered by third-party intermediaries, whether physical or legal persons, that are not officially authorised by Capago International or are not acting for and on behalf of Capago International. Any personal or non-personal information that the user may disclose to such third-party intermediaries or that the user may receive from these third-party intermediaries cannot in any way commit Capago International or its associates. Only the user and/or the third-party intermediary is responsible for any consequences that may arise.
Capago International reserves the right to modify these general terms of sales and provision of service at any time by publishing a new version on its digital platforms. Unless otherwise stated, all changes take effect immediately when accessing or using the services.
By accepting the terms of use, the user acknowledges that access to and use of the websites, application and digital platforms made available by Capago International are subject to these terms of use, the limitations of liability and refund and the personal data protection rules as disseminated on the digital platforms and subject to all subsequent modifications.
1 Article 1. Terms of Use
1.1 Article 1.1 General Terms
Notwithstanding any information to the contrary, the competent diplomatic authorities (Embassy/Consulate) reserve the right to request any documents, information or additional items needed to process the visa applications at their sole discretion.
The decision to grant or decline a visa is made on the basis of these documents, information and/or items provider by the user applicant or his/her representatives and is left to the sole discretion of the competent diplomatic authorities (Embassy/Consulate).
Capago International and its associates are not in any way involved in the decision-making process and cannot be held liable at any level for the decision made to grant or decline a visa or, similarly, for any delay or postponement in notifying the user of the decision.
1.2 Article 1.2 Use of websites, mobile applications and all other digital platforms
Access to and/or use of the websites, mobile applications and all other digital platforms are managed on a discretionary basis by Capago International. All access and terms of use may be restricted by Capago International at any time.
By using the websites (domains and sub-domains), mobile applications and any other digital platforms of Capago International, including links to the websites (domains and sub-domains), mobile applications and other digital platforms of its subsidiaries, partner companies, agencies and/or clients, the user accepts their terms of use.
At different stages on the websites (domains and sub-domains), mobile applications and all other digital platforms of Capago International, 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 competent diplomatic missions. 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 International. These references are distributed by Capago International with the sole purpose of providing the user with additional information. Neither Capago International 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 International and/or its subsidiaries.
1.3 Article 1.3 Legal capacity of the user
The user of Capago International products and/or services must have full legal capacity to enter into a contractual and commercial relationship, notably by having the status of a legal adult according to the laws in effect in the country of residence and by not having had his/her legal capacity limited or removed either temporarily or definitively.
1.4 Article 1.4 Prohibited uses
When accessing or using the websites, mobile applications and other digital platforms, the user agrees not to:
- Disseminate inappropriate content or items to any part or sub-part of the website.
- Violate any laws, third-party rights or rules established by Capago International. The user cannot hide or disguise his/her IP address or use any means to transmit his/her communications via intermediaries computing systems.
- Publish false, misleading or defamatory information or personal data.
- Interfere or attempt to interfere with the operational technologies, activities and/or normal operation causing, in particular, to an unreasonable or disproportionate service load on the Capago International infrastructure.
- Access or attempt to access the source code by any manual, mechanical, electrical or electronic means or via automated programs, miscellaneous digital piracy tools, directly or indirectly, by using any device whatsoever with the aim to change, edit, post, divert, abuse, delete, hack, falsify, slow or configure any system or website in order to work for the user, cause denials of service to other users or computers or make one or more website features unavailable.
- Send, post or disseminate viruses or any other technology that could be harmful to Capago International or to the interests or property of other users.
- Copy modify or distribute any information protected by the intellectual property rights and trademark rights of Capago International.
- Obtain or collect in any way whatsoever information about users, their personal data or any other information related to the passport, email addresses, email, etc. of users.
In the case of a violation and/or unauthorised use, the user may face legal action in France and the country of the offence under the laws and regulations in effect.
1.5 Article 1.5 Limitation of use
Without prejudice to any other action, Capago International may, at its discretion or as instructed by its clients, temporarily or permanently limit, suspend or terminate, in whole or in part, access to or use of its services and/or products, websites, mobile applications and all other digital platforms for one or multiple users. Capago International may take all appropriate technical and legal measures to make these limitations effective against any behaviour or use deemed unusual or dangerous by Capago International.
1.6 Article 1.6 Indemnity
The user agrees to indemnify and hold harmless Capago International, 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 International 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 the services and/or products, websites, mobile applications and other digital platforms made available by Capago International, as well as the information included in these platforms.
1.6 Article 1.6 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 International and that, as a result, Capago International is entitled to seek reparations and compensation. The user also acknowledges that Capago International 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 International is entitled to receive compensation for all costs, expenses and damages incurred in obtaining such injunctions against the user, including legal fees.
1.7 Article 1.7 Dispute resolution
The terms of use are subject to compliance with the laws of the country where the visa application is filed regardless of the laws and regulations applicable to the processing and issuance of visas.
The user accepts the jurisdiction of the courts in the place where the visa application is filed, to the exclusion of all others, if the user decides to take legal action against Capago International in connection with its products, services or digital platforms.
The invalidity or non-enforceability of one or more provisions of these general terms of sales and provision of service 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.
Any non-action by Capago International against a violation of one or several provisions of its general terms of sales and provision of service by one or more users does not constitute an abandonment of interest or tacit acceptance.
Capago International reserves the right to take any action it deems useful or that its clients request of it.
1.8 Article 1.8 Payment of services
In general, and for security reasons, Capago International does not accept cash payment for its products and services.
Any exemption from this rule is granted explicitly and in writing by Capago International only. Specific information can be found under the appropriate sections of the websites of our local offices.
Special local rules may apply to payment means and/or methods and corresponding payment fees may apply. For more information, the user should refer to the specific section on the website of our corresponding local office.
1.9 Article 1.9 Applicable exchange rate
Unless otherwise specified in writing, when billing its services Capago International is bound to apply the currency conversion rates conveyed by the respective embassies/consulates. This information is posted and updated regularly in our local offices and on our websites.
If there are fluctuations in the currency conversion rates, Capago International is entitled to request payment for the difference to proceed with processing the user’s visa application.
1.10 Article 1.10 Contact
For any additional questions or requests relating to these terms of use, please write to us by email at: contact@capago.eu.
2 Article 2. Limitations on Liability and Refund Policy
This section defines the conditions that limit our liability and our refund policy. Except in the situations described in this section, the fees associated with a visa application are non-refundable and must be paid whether the visa is granted or not.
2.1 Article 2.1 Important information
Capago International makes no recommendation to purchase or book a travel to file a visa application, unless said purchase or booking is required as stated in the visa application requirements.
The user of our services is responsible for the accuracy, completeness and verification of the information submitted directly or indirectly in his/her visa application form and in the items comprising his/her application. Capago International is not authorised to verify the inclusion of information, the absence of errors or the relevance of the information provided by the user.
Capago International encourages the user of our services to keep a copy of all the documents submitted when applying for a visa, as well as receipts.
2.2 Article 2.2 Document loss or damage
In some cases, in lieu of the procedure established by Capago International, our client, the embassy or consulate, may return documents or passports directly to the user. In such cases, Capago International cannot be held liable for any loss or damage.
The user acknowledges and accepts that Capago International has no control over its client embassies and consulates, nor does it perform any services that come under their exclusive authority. Thus Capago International cannot be held liable for any loss of or damage to the documents submitted by the user when it occurred during services performed exclusively by the embassies and consulates.
In some cases the client will chose the services of a third party mailing company offered by Capago International as an option. The user recognises and accepts that this service is performed by an outside company. Capago International does not control or operate any shipping company, nor does it control or operate related equipment or services. Capago International declines any liability for harm caused to the user if his/er documents are delayed/misplaced/lost/damaged by the shipping company, even if the delay/misplacement/loss/damage arises from negligence, accident or any other cause. Under no circumstances shall Capago International or its representatives be held liable for any direct or indirect loss in connection with these delays/misplacement/losses/damage to the user’s documents, including his/her passport.
Notwithstanding the aforementioned elements, the sole and exclusive liability of Capago International and/or its representatives in the event of the loss or damage of a passport is strictly limited to the cost of the fees charged by local authorities to replace the passport under standard renewal conditions. Such a refund is only possible upon presentation of a true receipt issued by the local authorities. The user accepts all the terms of this limitation of liability clause.
2.3 Article 2.3 Reimbursement of service fees
The service fees are paid upfront to Capago International by the user when booking an appointment. Service fees are not refundable under any circumstances, regardless of the issuance or non-issuance of the visa that occurs at the sole discretion of the embassy or consulate and regardless if the user come for his appointment or not.
An applicant can reschedule twice or cancel the appointment up to 72 hrs before the time of the appointment. When the applicant has canceled the appointment he will have the possibility to get a new appointment time by contacting Capago. Cancellation of an appointment online doesn’t qualify the applicant for a refund. It only allows the applicant to take more time before requesting a new appointment date.
2.3 Article 2.4 Cancellation of processing
Once the service fee has been paid to Capago International, the user is presumed to accept that processing begins immediately. As a result, he/she cannot request that it be cancelled with Capago International.
Any cancellation of processing shall be addressed to the relevant embassy or consulate. The turnaround time for processing requests to cancel processing and return passports is at the sole discretion of the relevant embassy or consulate.
Notwithstanding the situations set forth in these general terms of the sale, there shall be no refunds of the application fees incurred when processing is cancelled.