Terms and conditions of eTACanadaOffice.com
- These terms and conditions define the procedure and rules for the provision of visa intermediation services, hereinafter referred to as the Services, by www.etacanadaoffice.com, hereinafter referred to as the Intermediary.
- These terms and conditions are addressed to the Client, who is a Consumer, and who acquires the services offered by the Intermediary.
- The Intermediary provides services consisting of activities associated with applying to the competent authorities and bodies for a visa, obtaining and delivering a visa, as well as obtaining documents entitling to enter and leave the destination country. The above activities are carried out on behalf of the Client, based on the personal data submitted by him, strictly according to his instructions.
- The current content of the Terms and Conditions is available on the website www.etacanadaoffice.com
Price - amount expressed in euro (EUR), inclusive of the tax on goods and services, constituting the consideration paid by the Client in exchange for the acquisition of the Services.
Personal data - a set of personal data - within the meaning of the Polish Act of 29 August 1997 on the protection of personal data (Journal of Laws No. 133, item 883, as amended) - provided by the Client and processed by the Intermediary with the objective of implementation of the Client's order.
Delivery - transfer in the electronic form of the ETA booking confirmation, the Visa document, the promise to issue a visa or a visa document assigned to a passport number indicated in the order form, or data authorizing for its use, to the e-mail address indicated by the Client in the Order Form (or in any other manner precisely determined with the Client beforehand).
ETA – ( Electronic Travel Authorization), electronic confirmation of visa reservation. It is possible to assign ETA to a specific passport. It may also be necessary to pick up a visa at the airport, in which case the Visa Process shall be regarded as completed when the Client receives the promise to issue a visa.
Order Form - set of data gathered in a computer system, used by the Client to submit an order.
Client - a natural person, legal person, organizational unit that is not a legal person, granted legal capacity by special regulations, who concludes an agreement for the provision of visa intermediation services with the Intermediary.
Consumer - adult natural person with full legal capacity, entering into legal transactions with an entrepreneur, which are not directly associated with its business or professional activity.
Destination state - the state whose visa/ETA and possibly also documents entitling to enter and leave the Intermediary is applying for, on behalf of the Client.
Visa process - the entire procedure associated with applying to the competent authorities and bodies for a visa/ETA, obtaining and delivering a visa/ETA, as well as obtaining documents entitling to enter and leave the destination country.
Terms and conditions - terms and conditions of the services provided by the Intermediary as part of the www.etacanadaoffice.com Internet service.
Agreement - an agreement concluded by the Consumer and the Intermediary on the principles set out in these terms and conditions.
Visa - a written permission to cross the border or stay within the territory of a foreign state, issued to foreigners by the diplomatic or consular representation of that state.
- The moment of conclusion of the agreement for the provision of visa intermediation services between the Client and the Intermediary shall be the time at which the Client electronically sends a completed Order Form through the www.etacanadaoffice.com website. Sending the Order Form is equivalent to the submission of an order by the Client and the granting of authorization for the Intermediary to act on behalf of the Client in the course of the Visa Process.
- The Client is obliged to attach all the documents necessary to carry out the visa process to the Order Form. Information on the documents required for the given Destination State are provided on the website of the Intermediary. The Intermediary reserves the right to ask the Client to provide additional documents in the event their submission is requested by the competent authorities in the course of the Visa Process. The submission of a document shall be deemed as an authorization of the Intermediary to use the document during the Visa Process.
- Information about the countries that require a visa for a legal entry into their territory and about the documents required in the visa process is available on the website of the Intermediary. It may also be made available through an e-mail message.
- If documents are provided by the Client in violation of applicable law, or the right to dispose of them, a visa intermediation services agreement cannot be concluded between the Parties. Consequently, the Intermediary is discharged of any obligations towards an entity unsuccessfully applying for the status of a Client. If the Intermediary learns after the conclusion of the agreement, that the Client submitted documents in violation of applicable law, or the right to dispose of them, the Intermediary shall have the right to unilaterally withdraw from the agreement with immediate effect.
- An Order Form without the Client's contact data (including at least an address of the place of residence, email address and telephone number) may be determined by the Intermediary as non-binding and not subject to implementation.
- The personal data indicated by the Client in the Order Form shall be binding on the Parties. Any modification of the submitted data may be performed only through the submission of a new Order Form by the Client, upon prior notification of the Intermediary of such intention and the scope of additions or modifications introduced.
- The Intermediary shall accept no liability for the correctness and accuracy of the data submitted by the Client in the Order Form. The Intermediary is also not liable for any delays, restrictions or impediments occurring in the course of the Visa Process, and resulting from the fact that the Client provided inaccurate or false data in the Order Form. It is prohibited for the Client to provide false data.
- After receiving an order the Intermediary is entitled to contact the Client to verify the personal data specified in the Order Form.
- In the event it is necessary for the Client to provide further authorizations to the Intermediary, necessary for the performance of intermediation services and execution of the order by conducting the Visa Process, the Client shall provide the appropriate authorizations. Otherwise it shall be deemed that the submitted order is not binding upon the Intermediary.
- Submitting the Form of order is equal to the expression of consent and granting the power of attorney to have the personal data of the Agent used contained therein for the needs of conducting Visa process and any activities remaining in a direct connection therewith, in particular concerning the procedure of paying the Price. In case of submitting the statement by the Client on withdrawal from the Agreement, the validation granted extends onto the activities undertaken also after sumitting the statement.
Deadline and method of execution of the service
- The Visa Process is initiated after the Client submits the order and pays the Price.
- The deadline for the execution of the Service depends on the nature of the submitted order and the Destination State, but the Intermediary should conclude the Visa Process with a Delivery within 72 hours from the payment of the Price. The Visa Process is usually completed within 24 hours of its commencement, and results in the performance of the Delivery to the e-mail address specified by the Client. This provided time for the execution of a given service is indicative only and is subject to change.
- The Intermediary informs about the expected time for the execution of the service on the www.etacanadaoffice.com website.
- The Intermediary shall accept no liability for any events beyond his control, which have an effect on the time of execution of the service specified in Article 4 section 2, including those due to circumstances beyond his control, which result in the extension of the Visa Process. Circumstances / events beyond the control of the Intermediary shall mean in particular:
- efficiency of operation of the offices participating in the Visa Process,
- the need for the Client to submit additional documents in the course of the Visa Process,
- additional official verification of the application filed in the course of the Visa Process,
- extension of the Visa Process resulting from the fact that the Client provided unreliable, inaccurate or false personal data in the Order Form,
- technical breaks and failures of the telecommunication platforms used for the submission of visa applications by the Intermediary and others, the responsibility for which, within the meaning of the Act of 23 April 1964 - The Civil Code, cannot be attributed to the Intermediary.
- Following the completion of the service, the Intermediary performs a Delivery to the e-mail address indicated in the Order Form, or in any other manner precisely determined by the Parties beforehand.
- In the event the Client provides incorrect contact data, which make it impossible to get in contact with the Client, and in particular an incorrect e-mail address to which the Delivery is to be made, the Delivery made by the Intermediary to the address indicated by the Client in the Order Form shall be considered effective and treated as a performance of the Intermediary's obligation under the agreement concluded by the Parties, as well as a successful completion of the Visa Process.
- In order for the Visa Process to be carried out, the Client must pay the whole amount within 24 hours of placing the Order.
- The Price consists of amounts necessary for the Visa Process to be carried out, including in particular: the fees which have to be paid to the appropriate offices and bodies, consular fees, as well as the commission of the Intermediary. Any charges associated with the conduct of the Visa Process are charged to the Client at the same rate at which they were incurred by the Intermediary.
- The cost of the Visa Process varies and depends on the Destination State indicated in the Order Form.
- If the Price is not payed within the deadline referred to in Article 5 section 1, the order shall be deemed to be cancelled.
- Payment is deemed successful after the amount is credited to the bank account of the Intermediary.
- The Intermediary shall not be liable for damages arising from the inability to conduct the Visa Process within the deadline set out in Article 4 section 2, resulting from the lack of payment of the Price which prevented the initiation of the Visa Process.
- The Intermediary accepts the following forms of payment:
- payment by bank transfer to the bank account of the Intermediary indicated on the website;
- payment through a computer system by means of the following payment platforms: PayPal
- The Client shall bear the cost of currency conversion that may arise in the payment of the Price.
Liability of the Intermediary
- The Intermediary shall not be liable for the actions or omissions of the entities with whose assistance the Services are provided, and in particular, the messengers, couriers and postal workers, who are not the employees of the Intermediary.
- The Intermediary shall make every effort to ensure a careful selection of the courier company and to ensure that the transport of documents is quick and hassle-free for the Client.
- The Intermediary reserves the right to suspend the execution of the order, if the documents received from the Client raise a reasonable doubt as to their authenticity or compliance with the relevant regulations. The Intermediary shall immediately inform the Client of the suspension of activities for this reason.
- The Intermediary informs, that the consulates or diplomatic representations may issue a negative decision regarding the Client's application without proving any reason, regardless of whether the Intermediary has exercised due diligence in the performance of the Service. The Intermediary does not guarantee that a visa/ETA will be obtained in accordance with the submitted application.
- The Intermediary shall accept no liability arising from the fact that the information provided by the Client is incorrect or false.
Liability of the Agent for the damage resulting from:
- error, ommission, figure mistake, misspelling, clerical mistake in the visa document issued, ETA, pr prmise for issue the visa
- another defect occuring during the Visa process is limited to the level of the Due price for conducting the Visa process in a given case.
- The conduct of the Visa Process is dependent on the cooperation of other entities. The Intermediary does not guarantee the successful outcome of the Visa Process, nor the issue of a visa/ETA within the set deadline. The Intermediary shall accept no liability for the issue of a visa/ETA which is not in accordance with the application, or the refusal to issue these documents for reasons independent of the Intermediary. In such a case, the Intermediary's commission shall be considered due and shall not be refunded.
- The Intermediary undertakes to exercise due diligence in the performance of the activities.
- The Intermediary is obliged to provide the ordered services without defects.
Liability of the Consumer
- In the event an authorized office or body requests additional documents for the effective conduct of the Visa Process, the Client is obliged to immediately provide the required documents, in order to enable the conduct of the Visa Process.
- The Intermediary also informs that the competent bodies have the right to request the Client to appear in person at the Consulate for an interview regarding the filled application for a visa.
- The Client is obliged to provide the Intermediary with documents which he may use in accordance with the law.
Issuing of invoices
- Upon the request of the Client, made during the submission of the Order, the Intermediary shall issue an accounting document in the form of a VAT invoice, containing information about the subject of the order and the method of payment selected by the Client.
- The invoices for the services will be delivered in the electronic form, to the e-mail address specified by the Client.
- By accepting these terms and conditions, the Client agrees to receive invoices in the electronic form, as their recipient within the meaning of Article 106n of the Act of 11 March 2004 on the Goods and Services Tax (Journal of Laws No. 54 item 535, as amended)
Withdrawal from the agreement
- In accordance with the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), a Client who has the status of a Consumer, may withdraw from the agreement within 14 days from its conclusion without giving any reasons and without incurring any additional costs, except for the costs referred to in Article 33, Article 34 § 2 and Article 35 of the Act on Consumer Rights.
- The right to withdraw described in section 1 does not apply to Services that are already in progress. In particular, the Client is not entitled to exercise this right after the Intermediary submits the appropriate application for a visa/ETA, including an application in the electronic form.
- In order for a Consumer to withdraw from the agreement he must submit a statement of withdrawal from the agreement. Download here
- The statement of withdrawal referred to in the preceding sections may be submitted on the form constituting Attachment No. 1 to these Terms and Conditions, by sending the signed statement to the following e-mail address: firstname.lastname@example.org. In order to meet the deadline it is sufficient to send the statement to the indicated address via the telecommunications system prior to its expiration.
- The Intermediary is obliged to immediately send an acknowledgment of receipt of the statement of withdrawal from the agreement to the Consumer.
- The Intermediary is obliged to immediately (no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the agreement) return all the payments made by the Consumer, including the cost of delivery of the items, taking into account, however, the provisions of Article 35 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
- The Intermediary shall refund the payments using the same method of payment that was used by the Consumer, unless the Consumer expressly agrees to a different method of return, at no additional cost to the Consumer.
- If the Client determines that the service provided is not consistent with the agreement, or has other objections regarding the way in which the service is performed, he is entitled to file a complaint.
- Complaints must be filed to the e-mail address: email@example.com within 7 days from the date of performance of the service, or from the date on which the service was to be performed. The complaint should include the designation of the Client, the name of the service which is the subject of the agreement and a description of the objections. Complaints will be considered within 14 days from the date of receipt by the Intermediary, and a response to the filed complaint will be sent to the Client within that deadline.
- The Intermediary would make every effort to remove the causes of legitimate complaints, including the provision of substitute services where possible.
- In order to ensure the proper resolution of the complaint, the Client should provide at least the following personal data: name, surname, street, house number, apartment number, city, telephone.
- Personal data is protected in accordance with the Personal Data Protection Act of 29 August 1997, in a way that prevents access to the data to third parties.
- As the administrator of the personal data, the Intermediary is entitled to process the data for the purpose of submission, execution and settlement of orders and the conduct of the Visa Process.
- The Client consents to the storage of their personal data in the database kept by the Intermediary as the data administrator.
- The Client has the right to control the processing of their data, and in particular, the right to request the supplementation, updating or rectification of the data, temporary or permanent suspension of the processing of their data, or the removal of their data, if it is incomplete, out of date or inaccurate.
- The conclusion of the agreement is equivalent with the acceptance of these Terms and Conditions.
- In matters not regulated by these Terms and Conditions the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and the provisions of the Act of 23 April 1964 - The Civil Code (Journal of Laws of 2016, item 380).
- These Terms and Conditions shall enter into force on the day of their publication on the www.etacanadaoffice.com website.
- The Terms and Conditions may be revised by the Intermediary, on the principle that the Client is bound by the Terms and Conditions which he accepted during the submission of the Order Form. At the Client's request, the Intermediary will provide him with access to the older versions of the Terms and Conditions.
- The revised version of the Terms and Conditions shall enter into force on the date specified by the Intermediary, but no earlier than 14 days from the date of notification of the changes and the date on which the consolidated text of the Terms and Conditions was made available on the www.etacanadaoffice.com website.
- For orders submitted before the changes in the Terms and Conditions take effect, the previous contents of the Terms of Conditions shall apply.
- Each Client is obliged to read the Terms and Conditions before making a booking and is each time bound by the provisions of the Terms and Conditions applicable at the time of booking and purchase of a visa.
- Disputes arising between the Intermediary and the Client shall be settled by the competent court determined on the basis of the provisions of the Act of 17 November 1964 Code of Civil Procedure (Journal of Laws No. 43 item 296, as amended).