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Terms of Service
General
These terms of service ("Terms") set out the terms on which VFS
Services Australia Pty Ltd (trading as itself and/or as 'India Passport
& Visa Services Centre' and/or 'VFS Global' and/or any other business
name registered by VFS Services Australia Pty Ltd from time to time)
("VFS") provides one or more of the Services to you.
By submitting an application, you will be taken to have read, understood
and accepted all of these Terms (which impose, among other things,
obligations on you to make payments to VFS and to indemnify VFS
and which limit your rights and VFS' liability in some cases). Accordingly,
if you do not agree to any of these Terms, you must not submit your
application for the Services.
Services
In these Terms, "Services" means any one or more of the following
services provided by VFS:
- issuing or otherwise making available (whether in hard copy,
soft copy or online) the applications forms ("Application Forms")
specified by the High Commission of India / Consulate General
of India (collectively referred to as "HCI") in respect of an
Indian passport, Indian visa or Overseas Citizenship of India
("OCI")
- providing or otherwise making available (whether in hard copy,
soft copy or online), information specified by the HCI in respect
of applications for an Indian passport, Indian visa or OCI
- receiving completed Application Forms and supporting documents
- accepting the fees on behalf of the HCI which are payable to
the HCI in respect of an application for an Indian passport, Indian
visa or OCI
- forwarding completed Application Forms, supporting documents
and application fees to the HCI (either directly or via a third
party)
- if an application is determined by the HCI to be successful,
sending the Indian passport, Indian visa or Overseas Citizenship
of India documents, together with the supporting documents provided
with the completed Application Form, to the applicant (either
directly or via a third party) on behalf of the HCI or otherwise
making those things available for collection by the applicant
- such other services as VFS may elect from time to time to provide.
Applications must be sent to the correct Indian Passport & Visa
Services Centre
("Service Centre") Your application, together with all supporting
documents and all applicable fees, must be sent to the Service Centre
which processes applications from the State or Territory in Australia
where you are located. VFS shall not be required to provide any
Services to you if you send your application to the incorrect Service
Centre.
Variation of Terms
Except where it is stated in these Terms that VFS can vary a particular
term by notice, these Terms cannot be varied unless the variation
is in writing, signed by VFS.
Rights of the HCI
You acknowledge and agree that:
(a) the HCI has the sole and absolute discretion to either accept
or refuse your application and that VFS has no involvement whatsoever
in the HCI's decision. VFS acts solely as an outsourced service
provider to the HCI in respect of your application and the Services;
(b) in addition to your application and supporting documents in
respect of your application (including, without limitation, your
passport) ("Documents"), the HCI may require you to provide such
further documents, information or material ("Further Documents")
to assess your application. VFS has no involvement whatsoever in
any decision by the HCI to require you to provide Further Documents;
(c) the time taken by the HCI to make the decisions referred to
in paragraphs (a) and (b) above, or any other decisions in connection
with your application, are entirely outside the control of VFS.
Information provided by VFS
All material and information provided or otherwise made available
to you by VFS ("VFS Information") is provided as general information
only. The VFS Information is not intended to be professional advice
and must not be relied upon as such. Prior to entering into a transaction
or taking any particular course of action in connection with your
application or the Services, you should make your own inquiries
and seek independent advice tailored to your specific circumstances
and objectives.
Accuracy and Usefulness of VFS Information
The VFS Information is provided to you in good faith and is believed
to be accurate and current as at the date of publication. However,
VFS provides no warranty or guarantee that the VFS Information (or
any part of it) is accurate or complete.
Courier Service and Third Parties
VFS engages third party courier businesses ("Couriers") in respect
of applications and the collection and delivery of your Documents
and/or Further Documents. You specifically acknowledge and agree
that VFS cannot control the acts, omissions, quality of service
provided or care taken by any of the Couriers or any other third
parties or any of their respective officers, agents, employees,
representatives, contractors or sub-contractors.
If any third party provides any services to you in connection with
your application and/or the Services (including, for example, photographic
services in connection with your application), such services will
be supplied to you on the terms and conditions specified by the
relevant third party service provider.
VFS expressly disclaims any and all liability to you or anyone claiming
through you for any loss or damage suffered in connection with your
application and/or any of the Services provided to you by a third
party where such loss or damage arises from, or is related to, any
act, omission or negligence of a Courier or any other third party
or any of their respective officers, agents, employees, representatives,
contractors or sub-contractors.
Loss/Damage/Theft of your Documents or Further Documents
To the maximum extent permitted by law, VFS shall not be liable
to you or anyone claiming though you for any loss or damage suffered
in connection with your Documents and/or Further Documents (including,
without limitation, any loss or damage suffered in connection with
the loss or theft of, or damage to, your Documents and/of Further
Documents, any misplacing of, or delay in returning, your Documents
and/of Further Documents or any failure to return your Documents
and/or Further Documents).
Without prejudice to the aforesaid or any other term in these Terms,
and without any admission of liability whatsoever, if your passport
is lost or damaged while it was in VFS' possession, VFS will reimburse
you the standard fee charged by the applicable Government department
for a replacement passport upon VFS receiving from you a certified
copy of a receipt which evidences payment by you of that standard
fee to the applicable Government department.
Personal Information
VFS collects personal information about you (including health information
where necessary) ("Personal Information") in order to provide the
Services. If the Personal Information is not provided by you, VFS
may not be able to provide the Services which are the subject of
your application.
Before submitting an application to VFS, you should read our Privacy
Statement. Our Privacy Statement is available at www.vfs-in-au.net
and at our Service Centres.
The Privacy Statement describes how your personal information is
collected, used and disclosed and your rights in relation to accessing
and correcting that information. You agree to the collection, use
and disclose of your personal information in accordance with Privacy
Statement.
Disclaimer of Warranty and Limitation of Liability
To the maximum extent permitted by law, VFS expressly disclaims
all conditions and warranties, express or implied, in connection
with your application and/or the 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 this agreement ("Implied Terms"), the liability of VFS for
a breach of such Implied Term shall be limited, at the option of
VFS, to any one or more of the following:
(a) the re-supply of the relevant services; or
(b) the cost of the re-supply of the relevant services; or
(c) any amount paid by you to VFS in respect of the relevant services.
You agree that in no circumstances whatsoever will VFS be liable
to you or anyone claiming though you 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 arising out of or in connection
with your application and/or any of the Services, however arising
or where so ever situated, whether or not relating to any act, error,
omission or negligence by VFS or any officer, agent, related entity,
subsidiary, joint venture partner, employee, representative, contractor
or sub-contractor of VFS.
You further agree that VFS will not be liable to you or anyone claiming
through you for any loss or damage whatsoever to the extent that
it is caused by you, results from your failure to take reasonable
steps to avoid or minimize your loss, or is caused by VFS failing
to comply with its obligations due to events outside its reasonable
control (such as a failure of equipment that is not owned or operated
by VFS, an industrial strike, a natural disaster or an act of God).
Indemnity
You agree to indemnify and hold VFS, its officers, agents, related
entities, subsidiaries, joint venture partners, employees, representatives,
contractors and sub-contractors harmless from any claim, loss, damage,
proceeding or other action (including, without limitation, reasonable
legal fees), made by any third party due to, or arising out of,
a breach of these Terms by you, or a violation by you of any law
of any country or of the rights of a third party.
Prices and Payments
Unless expressly stated to the contrary:
(a) all fees, charges or other amounts payable by you to VFS are
quoted in Australian Dollars ("AUD") and are inclusive of any applicable
goods and services tax ("GST");
(b) any payments which are received in a currency other than AUD
will not be accepted; and
(c) all fees, charges or other amounts quoted on the website www.vfs-in-au.net
are subject to change without notice. You should confirm the fee,
charge or other amount before submitting your application.
Notices
Unless expressly stated otherwise, any notices in connection with
your application and/or the Services must be given by registered
post (or if posted to or from a place outside Australia, by registered airmail)
and addressed as follows:
(a) if the notice is to VFS: VFS
Services Australia Pty Ltd, Level 1, 64 Clarence Street, Sydney 2000 Australia; and
(b) if the notice is to you: the
email address and/or physical address provided by you to VFS during
the online registration process or at the time your application is lodged with VFS.
A letter or email is taken to be received:
(a) in the case of a posted letter,
on the third (seventh, if posted to or from a place outside Australia) day after posting; and
(b) in the case of an email, 24 hours after the email was
sent.
Severability
If
any part of these Terms is held invalid, illegal or unenforceable,
that part shall be severed and the remainder will continue to be
valid and enforceable.
The failure, delay, relaxation or indulgence
on the part of VFS in exercising any power, right or remedy conferred
upon VFS by these Terms shall not operate as a waiver of that power,
right or remedy, nor shall the exercise or any single or partial
exercise of any power, right or remedy preclude any other or further
exercise of such power, right or remedy or the exercise of any other
power, right or remedy in these terms.
Any
waiver of a breach of these Terms must be in writing signed by VFS
granting the waiver and shall be effective only to the extent specifically
set out in that written waiver.
Governing
Law
These
Terms are governed by and construed and enforced in accordance with
the laws in force from time to time in the State of Victoria, Australia
and you irrevocably submit to the non-exclusive jurisdiction of
the courts of the State of Victoria, Australia and their respective
courts of appeal.
Reservation
of Rights
Any rights not expressly granted to you herein are reserved
by VFS.
Interpretation
In these Terms, unless
the context otherwise requires:
(a) words denoting the singular include
the plural and vice versa;
(b) words
denoting a natural person include a company, corporation, corporate
body, government agency or authority or crown instrumentality and
vice versa;
(c) headings are for convenience only
and shall not affect interpretation of these Terms;
(d) a reference to a party includes its
successors and permitted assigns;
(e) any term is not to be construed against VFS because it prepared that
term.
Privacy Statement
Introduction
VFS Services Australia Pty Ltd and its related entities (collectively
referred to as "we", "us", “our”
and "VFS") is subject to the National Privacy
Principles under the Privacy Act 1988 (Cth) (as amended from
time to time).
This Privacy Statement explains in general terms how VFS protects
the privacy of your personal information under the National Privacy
Principles. It will apply to any personal information you provide
to us in respect of:
- a passport application;
- a visa application;
- a Overseas Citizen of India
(“OCI”) application; and
- under any other agreement or
arrangement we may specify from time to time.
This Privacy Statement will also apply to any personal information
about you that is provided to us by someone else such as a travel
agent.
This Privacy Statement does not apply to VFS employee records, which
are generally exempt from the legislation.
What Information We Collect
The types of personal information that we collect from you will depend
on the circumstances of collection and on the type of service you
request from us. For example, when you apply for visa, we may collect
details such as your name, address, date of birth, passport details
and other relevant information. We are required by law to obtain
your consent to the collection of "sensitive information"
and we will assume that you have consented to the collection of
all information about you which is provided to us for use in accordance
with this Privacy Statement.
How We Collect Information
We may collect personal
information about you when you deal with us over the telephone,
send us correspondence (whether by letter, fax or email), visit
our web site or when you have contact with us in person. As well
as collecting information directly from you, there may be occasions
when we collect information about you from a third party. For example:
- From people making applications
on your behalf;
- From travel agents that collect
your personal information and disclose it to us so that we may
process your application.
How We Use Your Personal
Information
We collect your personal information, store it on our system and
then forward it to the High Commission of India / Consulate General
of India (“HCI”) to process your application. Some
of the personal information we collect is essential for us to be
able to accurately identify who is using the service and to provide
the service to you. Other types of personal information we collect
help us to profile who is using our services and what their interests
are.
Disclosure of Personal
Information to Third Parties
We may disclose your personal information to third parties, including
for example, the HCI, data processing companies, courier businesses
and their respective officers, employees, agents and representatives
for the purpose for which the information was collected or for related
purposes, to provide you with a service that you requested.
We may also disclose your personal information to various law enforcement
agencies and governments around the world for security, customs
or immigration purposes.
Your information may also be shared between related entities within
our global group of companies where necessary to fulfil our purposes.
We may engage third party contractors to perform services
for us which involve the contractor handling personal information
we hold. For example, we may engage third party contractors to:
· provide courier or delivery services
· provide email and mail handling services
· provide electronic funds transfer
services, credit card account processing and related services;
· operate call centres
· conduct market research
·
provide
information technology services such as data storage, website hoisting,
communication networks, software and system development and maintenance
In these situations, we take steps to prohibit the third party from
using personal information about you except for the specific purpose
for which we supply it to that third party contractor.
Other than the above and as otherwise expressly stated elsewhere
in this Privacy Statement, we will not disclose your personal information
without your consent unless disclosure is either necessary to prevent
a threat to life or health, authorised or required by law, reasonably
necessary to enforce the law or necessary to investigate a suspected
unlawful activity.
Access to and Correction
of Information About You
We will, on request, provide you with access to the information we
hold about you, unless there is an exception which applies under
the National Privacy Principles, including for the purpose of correcting
or updating that information. We may recover from you our reasonable
costs of supplying you with access to the information we hold about
you. Your request to provide access to this information will be
dealt with in a reasonable time.
If we refuse to provide you with access to the information we hold
about you, we will provide you with reasons for the refusal and
inform you of any exceptions relied upon under the National Privacy
Principles.
Keeping Your Personal
Information Up To Date
We take reasonable steps to ensure that the personal information
we hold about you is accurate, complete, and up-to-date whenever
we collect or use it. If the personal information we hold about
you is inaccurate, incomplete or out-of-date, please contact us
and we will take reasonable steps to either correct this information,
or if necessary, discuss alternative action with you.
Transfer of Information
Overseas
You consent to us transferring to recipients in foreign countries
any of your personal information to fulfil the purposes set out
in this Privacy Statement, for example to:
- VFS offices overseas
- Data processors
- Information technology and business
process service providers.
In
many cases the transfer will be necessary for the implementation
of pre-contractual measures taken in response to a request by you
or for the performance of a contract with a third party which is
concluded in your interests.
Storage and Security
of your Personal Information
VFS takes reasonable steps to protect
the security of your personal information in accordance with this
Privacy Statement. VFS regularly reviews and implements new security
and encryption technologies. Unfortunately, no data transmission
over the internet can be guaranteed to be totally secure.
While VFS strives to protect such
information, we cannot ensure or warrant the security of any information
you transmit to us or obtain from our online services. Accordingly,
use is at your own risk.
Once any personal information comes
into our possession, we will take reasonable steps to protect that
information from misuse and loss and from unauthorised access, modification
or disclosure.
Resolving Your Concerns
If you wish to gain access to your personal information, have a complaint
about a breach of your privacy or you have any query on how your
personal information is collected or used please forward your request,
complaint or query to the address below. We will respond to your
query or complaint as soon as possible.
Links to other Websites
The VFS website contains links to
other websites. Please note that these links are intended for your
convenience only. Links to third party websites do not constitute
endorsement, sponsorship or approval by VFS of the content, policies
or practices of those third party websites.
If you have any concerns regarding
your privacy when visiting a linked third party, you should ensure
that you check the privacy statement/policies of those websites.
Changes to This Privacy Statement
We may amend this Privacy Statement as our business requirements
or the law changes. Any changes to this Privacy Statement will be
updated on www.vfs-in-au.net, so please visit www.vfs-in-au.net periodically to ensure
that you have our most current privacy statement.
Your continued use of the VFS website
constitutes your acceptance of the collection, use and disclosure
of your personal information to the extent outlined in this Privacy
Statement as amended from time to time.
For further information about the
protection of your privacy, please visit the Australian Federal
Privacy Commissioner's website at www.privacy.gov.au.
Feedback and questions about privacy
If you have any questions regarding this Privacy Statement,
please contact us at:
Email
visainfo@vfs-in-au.net
Telephone +61
(02) 92993539
Post Level 1, 64 Clarence Street, Sydney 2000
Terms of Use for www.vfs-in-aus.com
General
This website is operated by VFS Services Australia
Pty Ltd ABN 72125531437 ("VFS")
under the domain name www.vfs-in-au.net
("Website").
These terms of use (as varied by VFS from time
to time) ("Terms") govern your use of the Website.
By accessing, browsing and/or using the Website, you will be deemed
to have read, understood and agreed to these Terms. If you do not
wish to be bound by these Terms, you must immediately discontinue
accessing, browsing or using the Website and not access, browse
of use the Website again in the future.
By using the services available from the domain and sub-domains of
the Website, the user agree (“you”) to the following terms and conditions,
including without limiting those available by hyperlink (the "Agreement"
or "User Agreement") with VFS and the website/s of its
affiliate/s, joint venture partner/s, agencies, subsidiaries and
clients..
Before you proceed to use the services provided by VFS and its affiliates,
joint venture partners, agencies, subsidiaries, and clients, you
must read and accept all these terms and conditions, the Privacy
Policy and the terms of service to be able to proceed further to
utilize the services provided by VFS. VFS strongly recommends that,
as you read these terms of use, you also access and read the terms and condition of service (provide link here)
Do not use the Website if you cannot enter or are barred from entering
into legally binding contracts or you are under the age of 18 or
are temporarily or indefinitely suspended or prohibited from or
accessing or using this or the linked websites as may be applicable.
By accepting the terms and conditions, you agree that your use of
VFS website and websites related and linked to VFS Website/s will
be governed by the user agreement/s and privacy policy/ies posted
on those website/s with such changes and modifications as may be
made from time to time.
Access
You agree and understand that VFS may prevent or restrict your access
to the Website for any technical, security or other reason at VFS’
sole and absolute discretion.
Variation of these Terms
VFS may vary these Terms at any time. In the event that VFS varies
these Terms, VFS will provide notice by publishing the varied Terms
on the Website. You accept that by doing that, VFS will have provided
you with sufficient notice of the variation to the Terms.
Intellectual
Property Rights
The
material, products, technology and processes contained on the Website
are protected by copyright and other intellectual property rights
owned by VFS and third parties and you acknowledge that the Website,
technology used in connection with the Website, VFS’s services,
all software, material, products, information, communications, text,
graphics, links, electronic art, animations, audio, video, photo
and other data available within the Website (“Website Content”)
are provided by VFS or third party providers and are the copyrighted
works of VFS and/or such third party owners.
Under
the Copyright Act 1968 (Cth) (as amended), you are limited
as to the amount of the Website Content that you may download, print,
copy, cut and paste from the Website or otherwise make copies of.
It is your responsibility to ensure that you do not infringe any
applicable law.
You
may not store any significant portion of any Website Content of
VFS’s services in any form. Also, you may not copy, reproduce, publish,
distribute, modify, create derivative works of, rent, lease, sell,
transfer, display, transmit, compile, collect in a database or in
any other manner commercially exploit any part of the Content or
VFS’s services in whole or in part unless expressly authorized by
VFS or the relevant third party owner.
You
acknowledge that VFS and/or third party providers remain the owners
of the Website Content and that you have no intellectual property
rights in the Website Content.
The
trade marks (whether registered or unregistered) and logos on the
Website (“trade marks”) are owned by VFS or third
parties. You are strictly prohibited from using, displaying, coping,
modifying, transmitting, storing, publishing or distributing any
of the trade marks, or providing links to any of the trade marks,
without express permission from VFS or the relevant third party
in relation to their trade marks.
The
products, technology and processes contained in the Website may
be the subject of other intellectual property rights owned by VFS
or third parties. No licence is granted in respect of those intellectual
property rights other than as set out in these Terms. Your use of
the Website must not in any way infringe the intellectual property
rights of any person.
Information
on the Website Does Not Represent Professional Advice
All
material and information provided on the Website is provided as
general information only. It is not intended as professional advice
and must not be relied upon as such. Prior to entering into a transaction
or taking any particular course of action in connection with the
Website, you should make your own inquiries and seek independent
advice tailored to your specific circumstances and objectives.
External
Websites
The
Website may contain links or pointers to, or frame, websites of
third parties ("external websites"). VFS is not
required to maintain or update links or pointers to any external
websites.
Unless
expressly stated to the contrary on the Website, any link or pointer
to, or framing of, an external website is not to be construed as
an endorsement, sponsorship, approval, recommendation or preference
by VFS of the owners or operators of the external website, or of
any information, products or services referred to on the external
website or any practices associated with those external websites.
You
agree that access to any external website is entirely at your own
risk and that VFS will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with, use or reliance on any goods or services
available on or through any external website.
Accuracy
and Usefulness of Information on the Website
All
material and information on the Website is provided in good faith
and is believed to be accurate and current as at the date of publication.
However, VFS provides no warranty or guarantee that any material
or information on the Website or external websites will be accurate
or complete.
VFS
will not be liable for any losses or damages whatsoever whether
in an action in contract, negligence or other tort, arising out
of or in connection with access to the Website or the material and
information contained on the Website. All warranties of any kind
are excluded to the maximum extent permitted by law.
VFS
makes no guarantee as to the usefulness of the material and information
on the Website, nor of any of the products or services promoted
on the Website or via linked websites.
Prohibitions
against unlawful use
You warrant that you will not do any of the following
things in connection with you accessing, browsing or using the Website:
- post any content or items in
an inappropriate category or area on the Website
- post any material on the Website
for any purpose other than the normal purpose for which the Website
is intended
- violate any laws, third party
rights, or policies of VFS
- hide or spoof your IP address
- intentionally bounce your communications
through any intermediate computers
- alter any logs upon gaining access
to the Website
- interfere with the technological
operations of the Website
- manipulate or attempt to manipulate
any content or material on the Website
- post any false, inaccurate, misleading,
defamatory, or libelous content on the Website
- use any robot, spider, search
engine, scraper or other means (whether manual, automated, mechanical,
electrical or otherwise either existing or that may be invented
or discovered in the future) to access the Website or to do any
of the acts described in the bullet points above, for any purpose
other than the normal purpose for which the Website is intended
- You may use
the Website for personal and non-commercial purposes only.
Privacy
By accessing, browsing and using this Website, you agree
to the VFS Privacy Statement (click on this link to access the VFS
Privacy Statement).
Disclaimer
of Warranty and Limitation of Liability
While VFS makes and strives to provide secure and continuous
connectivity and internet access, VFS, the Embassy/Consulate and/or
its clients shall not be responsible or liable to you for any direct
or indirect loss or consequential damage, including among other
things, any loss of dates obtained, time, data or information furnished
or entered on the website or the application forms which may, among
other things, have occurred as a result of any events or acts leading
to interruptions in internet connectivity, transmission of signals,
server breakdown, systems crashing, hacking, servicing and any other
events or acts.
You will not hold VFS responsible for other users' actions or inactions,
including acts or things as a result of which there may be loss
of connectivity, loss of dates and/or loss of data furnished.
Further, while secure and continuous access to
the website is sought to be provided, VFS does not guarantee continuous
or secure access to its website and operation of the Website, as
the same may be interfered by numerous factors outside the control
of VFS . Accordingly, to the extent legally permitted, VFS excludes
all implied warranties, terms and conditions. VFS is not liable
for any loss of money, time, goodwill, or reputation, or any special,
indirect, or consequential loss or damages arising out of your use
of its website.
To the extent permissible
by law, VFS expressly disclaims all conditions and warranties, express
or implied, in respect of the service. Where the law precludes such
exclusion and implies certain conditions and warranties into this
agreement, the liability of VFS for breach of such condition or
warranty shall be limited, at the option of VFS, to any one or more
of the following:
(i) the re-supply of the relevant
goods or services; or
(ii) the cost of the re-supply of
the relevant goods or services; or
(iii) any amount paid by you to VFS
in respect of the relevant goods or services.
Nothing done in pursuance of this Part whether constituted
by a refund of fees or a payment of money or otherwise shall constitute
an admission of liability by VFS or any of its associate entities
or related parties
You agree that in no circumstances will VFS be liable for
any indirect, incidental, special and/or consequential losses or
damages of whatever nature arising out of your use of the website
or of any of the VFS content (including, but not limited to, losses
or damages arising out of, or attributable to, an act or omission
by VFS).
Indemnity
You agree to indemnify and hold VFS, its officers, directors,
agents, related entities, subsidiaries, joint venture partners,
employees, contractors and sub-contractors and harmless from any
claim or demand, including reasonable attorneys fees, made by any
third party due to or arising out of the breach of these terms,
or violation by you of any law of any country or of the rights of
a third party.
No
Guarantees as to the Service
The Website contains downloadable materials and links to
external websites.
VFS is not responsible for, and has no control over, the
content of downloadable materials or external sites.
You understand that VFS cannot and does not guarantee, warrant
or represent that files or software of any kind, or from any source,
available for downloading through the Website, will be free of infection
or viruses, worms, Trojan horses or other code or defects that manifest
contaminating or destructive properties.
Prices
and Payments
Unless states to the contrary, all fees, charges or other
amounts quoted on the Website are quoted in Australian Dollars ("AUD")
and are inclusive of any applicable goods and services tax (“GST”).
All payments to be made to VFS must be in AUD and must be
inclusive of any applicable GST. A payment to be made to VFS must
always be made in accordance with VFS’ payment terms that apply
to that payment.
Payments that are received in a currency other than AUD will
not be accepted.
All fees, charges or other amounts quoted on the Website
are subject to change without notice. You should confirm the fee,
charge or other amount for a product or service before placing an
order for it.
Notices
Except as explicitly stated otherwise, any notices must be
given by registered ordinary post (or if posted to or from a place
outside Australia, by registered Airmail) to VFS at: VFS Services
Australia Pty Ltd., Level 1, 64 Clarence Street, Sydney -2000(in case of VFS) and (in your case) to the email address
and/or address provided to VFS during the online registration process.
Notice is deemed given 24 hours after an email is sent. VFS may
issue legal notice by email or to the address provided during the
online registration process.
Security
When using the World Wide Web, the Internet or third party
networks or facilities, you are using networks, facilities and services
that are beyond the control of VFS. You assume all risk and liability
of your use of the World Wide Web, the Internet or any such third
party networks, including any access to the Website via such media.
Severability
If
any part of these Terms is held invalid, illegal or unenforceable,
that part shall be severed and the remainder will continue to be
valid and enforceable.
Waiver
The failure, delay, relaxation or indulgence
on the part of VFS in exercising any power, right or remedy conferred
upon VFS by these terms shall not operate as a waiver of that power,
right or remedy, nor shall the exercise or any single or partial
exercise of any power, right or remedy preclude any other or further
exercise of such power, right or remedy or the exercise of any other
power, right or remedy in these terms.
Any
waiver of a breach of these terms be in writing signed by VFS granting
the waiver and shall be effective only to the extent specifically
set out in that waiver.
General
The
use of the Website and these terms of use are governed by, construed
and enforced in accordance with the laws in force from time to time
in the state of Victoria, Australia and you irrevocably submit to the
non-exclusive jurisdiction of the courts of Victoria, Australia and their respective courts of appeal.
Reservation
of Rights
Any rights not expressly granted to you herein are reserved
by VFS.
Interpretation
In these terms, unless
the context otherwise requires:
a) words denoting
the singular include the plural and vice versa;
b) words
denoting a natural person include a company, corporation, corporate
body, government agency or authority or crown instrumentality and
vice versa;
c) headings are
for convenience only and shall not affect the interpretation of
these terms;
e) a reference
to a party to this Agreement includes its successors and permitted
assigns.
f) Any term in these terms of use is not to
be construed against VFS because it prepared that term.
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