Effective date: July 13, 2016.

Introduction

Unless explicitly stated otherwise in the document, CAPAGO SA is understood to mean CAPAGO SA parent company and its subsidiaries or affiliated agents.

CAPAGO SA 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 SA 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 SA general terms of sales and provision of service.

Use of digital platforms, products and/or services made available by CAPAGO SA 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 SA has the authority to change, modify, supplement or diminish the present terms and conditions without prior written consent from CAPAGO SA.

CAPAGO SA 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 SA or are not acting for and on behalf of CAPAGO SA. 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 SA or its associates. Only the user and/or the third-party intermediary is responsible for any consequences that may arise.

CAPAGO SA 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 SA 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.

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 SA 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.

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 SA. All access and terms of use may be restricted by CAPAGO SA at any time.

By using the websites (domains and sub-domains), mobile applications and any other digital platforms of CAPAGO SA, 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 SA, 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 SA. These references are distributed by CAPAGO SA with the sole purpose of providing the user with additional information. Neither CAPAGO SA 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 SA and/or its subsidiaries.

Article 1.3. Legal Capacity of the User

The user of CAPAGO SA 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.

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 SA. 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 SA 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 SA 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 SA.
• 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.

Article 1.5. Limitation of Use

Without prejudice to any other action, CAPAGO SA 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 SA may take all appropriate technical and legal measures to make these limitations effective against any behaviour or use deemed unusual or dangerous by CAPAGO SA.

Article 1.6. Indemnity

The user agrees to indemnify and hold harmless CAPAGO SA, 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 SA 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 SA, as well as the information included in these platforms.

Article 1.6. Violations of Use 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 SA and that, as a result, CAPAGO SA is entitled to seek reparations and compensation. The user also acknowledges that CAPAGO SA 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 SA is entitled to receive compensation for all costs, expenses and damages incurred in obtaining such injunctions against the user, including legal fees.

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 SA 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 CAPAGAO SA 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 SA reserves the right to take any action it deems useful or that its clients request of it.

Article 1.8. Payment of Services

In general, and for security reasons, CAPAGO SA does not accept cash payment for its products and services.

Any exemption from this rule is granted explicitly and in writing by CAPAGO SA 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.

Article 1.9. Applicable Exchange Rate

Unless otherwise specified in writing, when billing its services CAPAGO SA 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 SA is entitled to request payment for the difference to proceed with processing the user's visa application.

Article 1.10. Cookies

Cookies are files or data that may be saved in the Internet system of the user when he/she visits a CAPAGO SA website. The purpose of these cookies is to make it easier to browse and use websites. CAPAGO SA is not able to personally identify the user based on this information.

Article 1.11. Contact

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

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.

Article 2.1. Important Information

CAPAGO makes no recommendation purchase or book 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 is not authorised to verify the inclusion of information, the absence of errors or the relevance of the information provided by the user.

CAPAGO encourages the user of our services to keep a copy of all the documents submitted when applying for a visa, as well as receipts.

Article 2.2. Document Loss or Damage

In some cases, in lieu of the procedure established by CAPAGO SA, our client, the embassy or consulate, may return documents or passports directly to the user. In such cases, CAPAGO SA cannot be held liable for any loss or damage.

The user acknowledges and accepts that CAPAGO SA has no control over its client embassies and consulates, nor does it perform any services that come under their exclusive authority. Thus CAPAGO SA 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.

Article 2.3. Reimbursement of Service Fees

The service fees paid to CAPAGO SA by the user for his/her application to be processed 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.

Article 2.4. Cancellation of Processing

Once a visa application has been filed with CAPAGO SA, the user is presumed to accept that processing begins immediately. As a result, he/she cannot request that it be cancelled with CAPAGO SA.

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.

Article 2.5. Special Terms of Sale for Additional Services

The user recognises and accepts that the service which delivers to post the documents sent to it under seal by CAPAGO SA client embassies and consulates is performed by an outside company. CAPAGO SA does not control or operate any shipping company, nor does it control or operate related equipment or services. CAPAGO SA 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 SA 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.

Article 2.6. Limitation of Refunds

Notwithstanding the aforementioned elements, the sole and exclusive liability of CAPAGO SA 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.

Article 3.1. Introduction

CAPAGO SA respects the personal data conveyed to it. Owing to the nature of our business, CAPAGO SA may ask its user-visa applicants and/or users to voluntarily provide information of a personal nature. This section describes how personal information provided in a visa application and/or by a user of our services is collected, used, stored, transferred and made available to the clients of CAPAGO SA, affiliates, administrative authorities and other agencies. Acceptance of this personal data protection charter by the user of our services amounts to explicit consent to all of its provisions.

Article 3.2. Obtaining Personal Information

Any information provided and/or filed by the user when booking his/her appointment online is converted so as to be able to be transmitted to the respective client embassy and/or consulate in the country of residence. The collected information may be stored, transferred and shared by CAPAGO SA or its affiliates, partners and administrative authorities as required by local laws.

The user gives his/her explicit consent to CAPAGO SA to record audio content and/or video images in the visa application-processing centre on any type of digital or analogue device in the context of processing his/her visa application.

Article 3.3. Purpose of Obtaining Personal Information

The main reasons for obtaining, recording, transferring, and sharing personal data are to:

• Transmit accurate, comprehensive information about the user and his/her application to the relevant embassy/consulate
• Prevent the user from abusive, unfair or illegal use or hacking of the tools and services made available for security reasons
• Improve and individually target the services made available to the user
• Comply with legal, administrative and/or contractual requirements
• Ensure the safety of people and property, as well as fight fraud, misappropriation, abuse and dishonest use and assist in related investigations

Article 3.4. Cookies

Cookies are files or data that may be saved in the Internet system of the user when he/she visits a CAPAGO SA website. The purpose of these cookies is to make it easier to browse and use websites. CAPAGO SA is not able to personally identify the user based on this information.

Article 3.5. User Accounts, Passwords and Personal Data

User information pertaining to his/her passport, reference numbers (invoice/receipt), date of birth and names is essential to utilise user accounts. The user is encouraged to take the utmost care when disclosing such information to third parties. If users share these passwords and personal data with third parties, they shall be solely liable for any actions taken on their user account and for any actions taken in their name and on their behalf. Consequently, if the user's password and personal data have been disclosed, he/she must immediately inform CAPAGO SA in writing to ensure that appropriate security measures will be taken.

Article 3.6. External Links

At different places on our websites, there may be automated links to websites other than those under the control and management of CAPAGO SA, including, but not limited to, the respective diplomatic missions, local authorities and business partners. This does not imply that CAPAGO SA is associated directly or indirectly with the owners and/or managers of these other websites. CAPAGO SA, its employees and affiliated agencies cannot be held liable in any way for the use or for the information contained in these other websites.

Article 3.7. Minors

Minors who are not vested with legal capacity are not allowed to use the services of CAPAGO SA. CAPAGO SA does not, voluntarily or involuntarily, collect personal data from minors, nor does it use not use such information if it has been submitted by minors.

Article 3.8. Right to Access and Modify Personal Data

The user has the right to see, verify and modify most of his/her personal data entered on our websites. In general, CAPAGO SA does not manually edit the personal data provided by the user. Therefore, it is up to the user to ensure that the personal data submitted is updated and sufficiently accurate for the processing of his/her application and/or use of our services.

CAPAGO SA uses personal data to comply with legal, administrative and contractual requirements, to prevent fraud, to assign handling charges, to resolve disputes and other issues, to support investigations, to enforce the terms of use and to take any action authorised by law. By using CAPAGO SA websites and services, the user gives explicit CAPAGO SA consent to collect, use and transfer his/her personal data.

Article 3.9. Withdrawal of Consent

The user may withdraw his/her consent to use and transfer his/her personal data at any time by notifying CAPAGO SA of this decision in writing. In this case, the visa application shall be cancelled and the services provided by CAPAGO SA shall cease immediately.

Notifying the withdrawal of his/her consent to use and transfer his/her personal data does not entitle the user to request or receive a refund of the direct and indirect costs charged by CAPAGO SA or by any other third party.

Article 3.10. Authentication

CAPAGO SA cannot be held liable for the authenticity or accuracy of the information and personal data provided by the applicant. It is the duty and sole responsibility of the user to ensure the quality of the information provided to CAPAGO SA.

Article 3.11. Disclosure of Information

CAPAGO SA may have to disclose information required by law or by orders received from local authorities. CAPAGO SA must disclose information in good faith when this is made necessary by administrative and/or judicial procedures and to exercise its rights or defend its rights against lawsuits.

CAPAGO SA may also have to disclose information to enforce these general terms of sales and conditions of use.

Finally, in the case of a reorganisation or sale of the company or group of companies, CAPAGO SA may be required to transfer or reassign all the personal data it holds to the appropriate entity.

Article 3.12. Personal Data Security

Personal data is stored exclusively on CAPAGO SA servers. CAPAGO SA has multiple personal data protection procedures, including encryption, passwords, physically securing people and property, computer firewalls protecting its websites and other infrastructure against unauthorised disclosure, misuse and piracy, in particular. Notwithstanding the security measures taken by CAPAGO SA to protect the personal data of users, CAPAGO SA cannot be held liable for the illegal and unfair capture of this personal data and/or private communications by third parties.

Article 3.13. Destruction of Personal Information

The information provided and attached by the applicant to his/her visa application and/or for use of the services are not copied or kept by CAPAGO SA.

Information contained in physical media is destroyed via a secure crushing-shredding system after a period of time stipulated by the respective embassy or consulate.

Information contained in digital media is deleted or destroyed permanently via a secure system after a period of time stipulated by the respective embassy or consulate.

CAPAGO SA destroys personal information via secure procedures and methods to ensure that personal data is not disclosed to unauthorised third parties.

Article 3.14. Right of Amendment

The content of these personal data protection provisions may be amended unilaterally at any time. These changes are immediately applicable to the user. Any claims or requests for additional information may be submitted by email to contact@capago.eu.