Terms and Conditions
Effective as of February 7, 2019
- Payments and Cancellations
- Refund and Return Policy
- Service Availability and Limitations
- Intellectual Property
- Third Party Websites
- Personal information
- Limitation of Liability
- Governing Law
BY USING THE SERVICE IN ANY WAY, THE CUSTOMER UNCONDITIONALLY ACCEPTS THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF THE CUSTOMER OBJECTS OR DOES NOT OTHERWISE WISH TO BE BOUND BY THIS AGREEMENT, THE CUSTOMER SHOULD NOT USE THE SERVICE. Company reserves the right to update this Agreement from time to time in its sole discretion. You should review this Agreement periodically for updates and changes. We may add, delete, or modify some or all of our services and information at any time. By using the Services, you agree that you are 18 years of age or older and a resident of the United States, Canada or Australia and of no other countries.
Our service includes the offer to schedule appointments with the various Consulates within United States, Canada and Australia (and with other consulates’ offices to the extent made available on our Site, each a “Consulate”). It is your responsibility to ensure that you meet the visa application requirements listed on the respective Consulate’s website before using the Service.
We do not issue visas and do not guarantee a visa will be issued by a Consulate office, as this is the sole prerogative of the foreign government. Consulate and government officials may request additional documentation at their discretion. They may also decline issuance of travel documents, visa, or passport without disclosing the reason for denial. Issuance of visas, processing timing, visa types, validity terms, number of entries and other details are determined exclusively by each Consulate on case by case basis. Requirements and fees related to the processing of passports and visas are subject to change without notice. Even though a visa may be issued, a traveler may be denied entry because local immigration officials in the applicable country make the final decision to grant entry.
Payments and Cancellations
If you wish to book an appointment using the Service, you will be asked to supply certain information relevant to your purchase including, without limitation: your credit card number, the expiration date of your credit card, your billing address, and your email address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your appointment at any time for reasons including but not limited to: appointment availability, invalid passport numbers, negligence, changes in appointment availability, cancellations by the applicable Consulate, political reasons, changes in state and federal laws (both of America and of the Consulate’s nation, as well as of the country of your nationality), or other reasons.
We reserve the right to refuse or cancel your application if fraud or an unauthorized, or illegal transaction is suspected, or if we suspect you are impersonating an individual other than yourself.
Return and Refund Policy
Favisbook charges a $55 fee for canceling or rescheduling an appointment with a Consulate. You must send us at least 48 hours prior notice to the scheduled appointment date. To receive a refund (less the cancellation fee), we require that you cancel the appointment by contacting us through [email protected] or “Contact” page form. Any appointment canceled directly by contacting the applicable Consulate will not be refunded. Any cancellation or rescheduling request not made at least 48 hours in advance of your scheduled appointment will not be refunded.
Service Availability and Limitations
Favisbook will make use commercially reasonable efforts to help offer as many appointments as possible and to keep the Service operational. However, certain technical factors may inhibit our ability to book appointments for specific dates and times, and appointments can be scheduled only as available from our web calendar. Appointment slots shown as available on our website are only an approximations of possible availability of appointments and do not represent or have connection to/with any existing appointment with any Embassy or Consulate of any country. For certain Consulates we use our own emails to schedule appointments.
The Service and its content, features, and functionality are and will remain the exclusive intellectual property of the Company and its applicable licensors. The Service is protected by copyright trademark and other laws of the United States and foreign countries. Our trademarks, trade dress, logos, images, Site design, text, graphics, software, HTML code used in connection with the Service and the Site, are the sole property of the Company and may not be copied, used and/or distributed in any manner whatsoever without the prior written consent of the Company. All other trademarks are the property of their respective owners.
This web site contains links to third-party Web sites and utilizes third-party APIs (for example, a payment processor’s API). Any third-party API included in the Service is available to you under the relevant third-party terms and conditions (as published by such third party on its respective website). We have no control over and assume no responsibility for the content, accuracy of information, operation, or otherwise related to any third-party sites or APIs or any links contained in a linked site or API, nor the operations, intellectual property, content, sites, services, privacy policies, or practices of any third-party.
Links To Third Party Websites
The Company offers the Service to people intending to visit the respective Consulate’s office and contains links to their website. We are not affiliated with any Consulate or thesuch Consulate’s government. They have their own set of terms and conditions of use and privacy policies, and you understand that the Company does not have any control over, and assumes no responsibility for the content, behavior, or practices of any Consulate or other third party.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Consulate. You acknowledge that the respective Consulate’s government has the right to enforce their agreements against you. They hold the right to terminate, rescind, or contract any agreement or settlement without our consent.
By using the Service you acknowledge that you have read, understood, and agree to the general information supplied on the respective Consulate’s website (which may include, www.consulfrance-newyork.org,https://newyork.consulfrance.org/,https://france-visas.gouv.fr/ and other country government websites) and that it is your sole responsibility to ensure you are eligible to apply for a visa from such Consulate, that you understand the visa requirements for your passport and to supply your own photos according to the photo requirement guidelines stated on the respective Consulate’s website. You also acknowledge that the Company is not involved in the decision to grant visas, and disclaims any and all liability if any Consulate is delayed or denies you a visa.
The Service may not be used for any illegal purpose or in any manner inconsistent with the Agreement. You may not use the Service for any reason other than its intended purpose. If you submit any information to the Site, you agree not to post or transmit any false information, Ponzi schemes, a virus or any other harmful component, anything that violates the intellectual property or other proprietary right of any person or entity, including but not limited to copyrights and trademarks, anything that is false, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, RECIRCULATE, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, IMAGES AND OTHER MATERIAL, OR OFFER ANY PART OF THE SERVICE FOR SALE, OR DISTRIBUTION WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.
Disclaimer of Warranties; Limitation of Liability; Indemnity
The Service and any material accessible through the Service are provided “as-is” and, to the maximum extent permitted by applicable law, Company disclaims all guarantees and warranties, whether express, implied or statutory, regarding the Service and related materials, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. The Company does not warrant that the Service, third party services, or online services are secure or free from bugs, viruses, interruption, or errors, or that the Service will meet the Customer’s requirements. Further, the Company does not warrant access to the Internet or to any other service or content or data through the Service. Customer may have other rights that vary from state to state. We do not represent nor endorse, guarantee, or assume responsibility for any third party applications, nor that of any Consulate’s government. We are not affiliated with any government, and we do not make any guarantees or assume the responsibility that any Consulate will permit you to enter, nor do we guarantee that they will grant you a visa. The company does not warrant the description of the Service or any information on the Site which may become outdated or inaccurate (which includes, without limitation, service descriptions, prices, processing times, processing dates, and other information provided on the Site).
You agree to assume all risks associated with, arising out of, or resulting from your use of the Site or any data provided, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the Site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to indemnify, defend, and hold-harmless Company, its parents, subsidiaries, affiliates, and their shareholders, members, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your use of the Site and/or any Service, your provided data, or your violation of any covenants, terms and/or conditions of this Agreement.
If you are a California resident, you waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You further understand and agree that in no event Company, its parents, subsidiaries, affiliates, and their shareholders, members, officers, agents, employees, and suppliers shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if Company has been advised of the possibility of such damages. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, Company’s aggregate liability for any damages shall not exceed $10. The Company provides the Service “as-is” and does not guarantee that the Service is “perfect” or “without error.” You are responsible for compliance with all local, foreign, state, and federal laws or regulations if and to the extent that local, foreign, state, and federal laws or regulations apply.
Arbitration and Class Action Waiver.
Except as set forth elsewhere in this Agreement to the contrary, any dispute, controversy or claim relating to this Agreement or the Services shall be resolved through a confidential, final, binding, and non-appealable arbitration in New York, New York under the rules of the American Arbitration Association (the “AAA”) in effect from time to time (with right to engage in pre-hearing discovery in connection with such arbitration proceedings if approved by the arbitrator). A single arbitrator shall be appointed by agreement between the parties or, failing such agreement, by the AAA. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this Agreement. The award of the arbitrator shall be final and binding and judgment thereon may be entered in any court having jurisdiction. The costs and expenses (including reasonable attorney’s fees) of the prevailing party shall be borne and paid by the part(is) that the arbitrator determines are the non-prevailing part(ies). Notwithstanding the foregoing, we may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of its intellectual property or proprietary rights or with respect to “small claims” court matters. You agree that you will only be permitted to bring claims against us on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other customers.
The Terms shall be governed by, and construed in accordance with, the laws of the State of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Agreement is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, that provision is deemed severable from the Agreement and does not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Agreement. You may not assign or transfer, in whole or in part, the Agreement, by operation of law or otherwise. Any attempt by you to assign or transfer the Agreement, will be null and of no effect. We may assign or transfer the Agreement, at our sole discretion, without restriction, and the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. The Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements you might have had with us regarding the Service.
We reserve the right, at our sole discretion to modify or replace these Terms at any time by posting to the Site. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us by email at [email protected]