Terms And Condition
Welcome to Visadb.io – thank you for your interest!
Visadb.io is an Internet visa database indexing 300,000 visa, residency and citizenship routes for 200 countries. Through our website at visadb.eu, its contents and functionalities (hereinafter referred to collectively as "Visadb’s Platform" or the "Platform") we offer among others an opportunity for people intending on travelling or moving to a different country to look up that country’s visa policies or citizenship acquisition procedures, as well as to get in contact with: (i) visa consultants, (ii) visa & immigration lawyers, (iii) travel planning experts, (iv) travel health experts and (v) company formation lawyers, in chosen countries (the "Partners") and use services offered by them through the Platform. The Platform also enables its users to use flights and room booking search engines, subject to that the Platform does not offer an ability to directly book flights, rooms or any similar services.
These terms of service (the "Terms of Service") contain general terms & conditions that govern the use of Visadb’s Platform by its users (the "Users"). Provisions of these Terms of Service determine conditions and manner of using the Platform by the Users.
The services offered through the Platform (the "Services") are owned and operated by Visadb.io, with the exception of the services offered by the Partners (the "Partners Services") which are operated by the Partners, through the Platform in cooperation with us. The Partners solely are responsible for the Partners Services they provide.
1.1 The terms used in these Terms of Service shall have the following meaning (unless otherwise expressly provided herein):
"consultation call" means free or paid consultation call between a Partner and theUser, set up through the use of the Platform, the price of which is set by the Partner.
"Contents" mean any data and information, including text, music, sounds, photography, graphics, video recordings and any other data made available to the User through the Platform for the use described herein in connection with the use of the Platform.
"Force Majeure" means circumstances in result of which a Party is in delay or fail to perform the Agreement and which the Party could not influence, avoid or overcome or the consequences thereof. Such circumstances include in particular (provided they meet the aforementioned prerequisites): (i) natural disasters, including: fires, floods, earthquakes, tornados; (ii) acts of the state, including: martial law, state of emergency, embargos, blockades etc.; (iii) acts of war, sabotage and terrorism; (iv) general strikes and lockouts or other examples of social unrest, including public demonstrations.
"full service" means complete legal support provided to the User by the Partner for the purpose of realizing a set goal, based on an agreed upon plan, consisting of specified milestones in specified deadlines.
"Functionalities" mean joint functional capabilities and settings available for the Users through the Platform.
"License" means a nonexclusive, non-transferable (including no right to sub-license) license granted to the User by Visadb.io for the purpose of using the Platform, its Contents and Functionalities.
"Milestones" mean steps specified by the Partner towards provision of a Full Service. Milestones may apply to requirement of certain actions or documents, delivery of applicable documents and services as well as required payments.
"Partners" mean entities offering their services to the Users through the Platform in cooperation and based upon an agreement with Visadb. The Partners are: (i) visa consultants, (ii) visa & immigration lawyers, (iii) travel planning experts, (iv) travel health experts and (v) company formation lawyers.
"Partners Services" mean services offered to the Users through the Platform, provided by the Partners. Partners Services include consultation calls and full service.
"Party" means a party of the Agreement hereof (Visadb or the User).
"Registration" means registration of a User Account on the Platform.
"Services" mean the entirety of services offered to the Users through the Platform by Visadb.io.
"Terms of Service", the "Terms" mean the terms of service herein.
"User" means a user of the Platform.
"User Account", the "Account" mean an account established by the User on the Platform through Registration procedure.
"User Contents" mean any data and information, including text, music, sounds, photography, graphics, video recordings and any other data made available by the User through the Platform for the use described herein in connection with the use of the Platform.
"Visadb.io", "Visadb", "We", the "Company" mean Visadb.io sp. z o.o. (private limited liability company of the Polish law) with registered office in Gdańsk, Poland, Lęborska Street 3B, 80-386 Gdańsk, NIP (TIN): 5842780656, REGON: 382363873, registered in the registry of entrepreneurs of the National Court Register kept by the District Court for Northern Gdańsk in Gdańsk, VII Commercial Division of the National Court Register under the registration number KRS 0000767405.
"Visadb’s Platform", the "Platform" mean all of the software solutions as well as all of the Contents and Functionalities available to the User through the Visadb’s Website or in any other manner (including, among others, through amobile application), allowing the User to use the Services and Partners Services, operated and owned by Visadb.io.
"Visadb’s Website" means Visadb’s website available at www.visadb.io.
- AGREEMENT AND REGISTRATION
2.1 The use of the Platform, its Contents and Functionalities as well as the Services and the Partners Service requires the conclusion of the Agreement between the User and Visadb.
2.2 The conclusion of the Agreement between the Parties requires Registration. The conclusion of the Agreement occurs simultaneously upon the Registration. The Registration, and hence the conclusion of the Agreement, requires that the User agrees to the Terms herein as well as to any other applicable provisions which the Agreement consists of.
2.3 Visadb enables User to register the Account using the Platform solely or through an already existing social media account (Facebook, Twitter or Google).
2.4 In connection with the conclusion of the Agreement Visadb undertakes to make relevant Functionalities and Contents available to the User through the Platform, including in particular the possibility of full use of the Services and the Partners Services as well as to provide any other services described herein.
2.5 Some of the Functionalities and Contents of the Platform are available to the User without Registration. Those Functionalities and Contents include in particular the use of the search engines implemented in the Platform. The use of the Contents and Functionalities described within this provision may be limited, i.e. for example the use of the search engines does not require Registration, however booking the Partners Services does require Registration.
- FUNCTIONALITIES AND SERVICES OF THE PLATFORM
3.1 The Platform offers its Users, among others, the following Functionalities and Services:
(i) the possibility of use the search engines implemented within the Platform to search for general information regarding a chosen country and visa acquisition there, immigration and travel issues as well as available flights and hotel bookings;
(ii) the possibility of receiving information on procedures regarding visa acquisition and immigration in a chosen country and contact information of such country’s relevant authorities;
(iii) the possibility of receiving information on procedures regarding citizenship acquisition in a chosen country and contact information of this such country’s relevant authorities;
(iv) the possibility of direct contact the Partners and use of Partners Services such as Consultation Calls or Full Services;
(v) the possibility of making payments for the Partners Services through the Platform;
(vi) the possibility to rate and share comments regarding Partners Services.
3.2 We undertake to make reasonable effort to ensure that the Functionalities and Services are consistent with the information provided at the Visadb’s Website as well as herein. We may need to modify existing settings, data sets and make other changes regarding the User in the Platform, based on mutually agreed upon instructions or communicated to the Users through the Platform. If there is any problem with using the Functionalities and Services please report to our support service team according with Section 9 hereof.
3.4 Visadb shall also make effort to regularly update information available through the Platform, but, considering the nature of the information provided, cannot guarantee their relevancy and/or topicality, and thus cannot be held liable or accountable for any discrepancies between official information and the information available through the Platform or any outdated information shared with the User and available through the Platform.
3.5 Within the scope of providing search engines integrated in the Platform, Visadb.io serves only as a User interface – in particular Visadb does not offer any services connected with flight and hotel booking.
7.4 Visadb may ask the User to submit to the Platform’s online payment service account or provide credit card information and authorise Visadb to charge any due amounts against such payment service account or credit card pursuant to the Agreement.
7.5 The User agrees to receive invoices for the Partners Services paid for through the Platform in electronic form at the User’s email address as indicated at User’s Account settings or otherwise. Visadb also make the invoices for the Services available for viewing & downloading directly at the User’s Account.
7.6 The User shall cover any and all banking fees, currency conversion fees and all other costs related to payments (if any). The User is responsible for the payment of taxes, duties and other such burdens & expenses in accordance with applicable laws of his respective country (where they are registered as a taxpayer or otherwise – as the case may be).
- THE PARTNERS SERVICES
4.1 Visadb.io makes it available for registered Users to contact Partners through the Platform. Using the Partners Services requires Registration and creation of an Account.
4.2 A registered User may contact a Partner through the Platform. Contact between the Users and the Partners is free. Such contact between the Partner and the Users of the Platform shall only take place through the Platform, whereas the provision of the entirety of Partner’s Services shall take place through the Platform, unless impossible. If so, the provision of Partner’s Services shall take place through different, appropriate means specified by the Partner to the User through the Platform.
4.3 The Partner’s Services generally – but limited to the extent declared by the Partner on the Platform - consist of services normally provided by the Partner to his customers, including in particular:
(i) providing the Platform’s Users with information concerning visa acquisition in a specific country;
(ii) assisting the Platform’s Users in the process of visa acquisition in aspecific country;
(iii) providing the Platform’s Users with information concerning citizenship acquisition in a specific country;
(iv) assisting the Platform’s Users in the process of citizenship acquisition in a specific country;
(v) providing the Platform’s Users with information concerning immigration and travel issues regarding a specific country;
(vi) providing the Platform’s Users with help concerning immigration and travel issues regarding aspecific country;
(vii) providing the Platform’s Users with additional agreed upon services.
4.4 The Partner provides the Partner’s Services in specific countries, indicated to the Users via the Platform.
4.5 Subject to the provisions of this Terms, User’s relationship with the Partners, in particular the provision of any of the Partners Services, is regulated by terms and conditions specified by the Partner, of which the User was informed accordingly earlier, through the information shared with the User by the Partner through the Platform. Visadb is not aparty in any agreements made between Users and Partners through the use of the Platform.
4.6 The Partners Services are offered through the Platform by the Partners, whereas Visadb may only act as a broker during the conclusion of an agreement between the User and the Partner. During the commencement of the agreement between the User and the Partner the Platform may only serve as aUser interface. Therefore, We are not responsible for the quality and execution of any of the Partners Services, as Visadb does not take part in creating descriptions, defining prices and fees or providing the Partners Services. Any and all issues or disputes regarding or arising from the Partners Services shall be resolved between the User and the Partner.
4.7 The Partner’s Services may be provided via the Platform in the following manner:
(i) free or paid consultation call with the User scheduled via the Platform, regarding provision of general information about the procedure of acquisition of visa or citizenship, and answers to the User’s questions about immigration a d travel issues, as well as requirements and conditions of cooperation involving full service as described in Section 5 below (the "consultation call") or
(ii) provision of a complete legal support for the purpose of realizing a set goal, based on an agreed upon plan, consisting of specified milestones in specified deadlines, as described in Section 6 below (the "full service").
5 CONSULTATION CALLS
5.1 The Partner may offer free or paid consultations through the Platform, at his sole discretion. In case the Partner offers paid consultations, the price of the consultations is set by the Partner, at his sole discretion.
5.2 The terms of the Partner’s offer of consultation (i.e. whether the consultation is free or paid, as well as the price of it) are indicated in the Partner’s account settings by the Partner and may be change by the Partner any time, provided that the offers already accepted by the Platform’s Users are binding for the Partner. If the Partner decides to change the price of consultation, the change applies to the price of consultations scheduled for any time after the change i.e. if the consultation was scheduled before the change but shall take place after the date of the change, the price shall be paid in previous amount.
5.3 If the User chooses to book a consultation call with a Partner, the User is obligated to pay for the Consultation Call beforehand, using the functionalities integrated in the Platform.
5.4 The consultation call is provided to the User by the Partner in a following way:
(i) the User chooses a specific Partner – the User is able to contact the Partner through the Platform;
(ii) the User books a consultation call with the Partner by choosing convenient date and time among those proposed by the Partner on its profile on the Platform and is charged with the consultation fee indicated by the Partner;
(iii) the price of the consultation is paid by the User to the Company’s bank account (the consultation call is paid in advance, through the Platform, using the payment services integrated in it);
(iv) the Partner calls the User at a set date and time (the date and time of the consultation call are visible through the Platform to both Partner and User);
(v) if the consultation call has not taken place due to circumstances dependent on the Partner, the payment for the consultation call is refunded to the User, according to specific regulations set in Section 7 herein, or the call may be rescheduled if both User and the Partner agree;
(vi) after the consultation call, if the User is interested in further cooperation with the Partner, the Partner shall propose an action plan including milestones, amount of remuneration for his services and proposed timeline. The User may choose to enter into an agreement with the Partner for the provision of specified Partner’s Services (i.e. full service as described in Section 6 below), by accepting a specified plan with set milestones provided to the User and agreed upon by the Partner and the User, in which case price that has been already paid for the consultation call shall be credited towards the Partner’s overall remuneration for the Partner’s Services provided.
5.5 The consultation call may take place via Platform’s features or other applications. The Partner shall inform the Users about the preferred way of conducting consultations.
5.6 The User has the right to cancel scheduled consultation calls at the latest 24 hours prior to the date and time set through the Platform and in this case the User is entitled to get a refund of the price of the consultation call according to specific regulations set in Section 7 herein.
5.7 After the consultation call, the User is able to post a comment (feedback, review) on the Platform’s website, regarding the Partner and the consultation call provided through the Platform, according to specific regulations set in Section 8 herein.
- FULL SERVICE
6.1 After the consultation call or other type of contact between a User and a Partner, the User may request to contract the Partner for full service. In that case, if the Partner has accepted the User’s request, both parties enter into an agreement, and, if the consultation call took place, the charge for the consultation call goes towards the Partner’s overall remuneration for full service.
6.2 The full service is provided by the Partner in a following way:
(i) if the User chooses to enter into an agreement for the provision of full service with the Partner (which takes place through an online form available through the Platform), the Partner creates acase file on the Platform for the User, accessible for both the Partner and the User, and which is used for the documentation of the User’s case and Partner’s Services provided;
(ii) the case file contains specific, agreed upon milestones set for a specific timeline – the Platform specifies each of the milestones and signifies which milestones have been completed and which of them are pending. The nature and specifics of given milestones is set in the personalized plan agreed upon by the User and the Partner;
(iii) There are three types of milestones: require milestone, deliver milestone and payment milestone. The milestones described above may be specified as a requirement of performance of certain actions or preparation of documents, deliverance of applicable documents and services as well as performing payments;
(iv) if either the User or the Partner challenges whether a set milestone has been properly executed, the Platform makes it possible for both User and Partner to set up a dispute over certain milestone or the entirety of given User’s personalized plan; setting up a dispute halts the pending deadlines of set milestones (save for those already completed) as well as the performance of the entirety of the given full service – these are resumed when a given dispute is resolved; missing a deadline by either User or a Partner while a dispute has been set up cannot be considered a breach of either acontract between the User and the Partner by either of the above mentioned parties;
(v) the payments for Partner’s Services performed as part of the full service are made:
- through the Platform, using the payment services integrated in the Platform; or
- in a different manner (outside of the Platform), based upon conditions set separately by the Partner and the User;
and in each case the payments are made based upon invoices issued by the Partner to the User through the Platform according to a payment schedule provided by the Partner and accepted by the User (specified as the milestones).
(vi) the realization of the Partner’s Services under set milestones and terms is suspended if the User’s payment for the Partners Services rendered is delayed.
7.1 The User may demand a refund of the payment for the consultation call paid, if the consultation call has not taken place due to circumstances dependent on the Partner. To execute this right of refund, the User shall submit such request through the Platform (indicating the circumstances of the consultation call’s failure). Visadb shall check the validity of such claim (i.e. confirm such case with the Partner). If the Partner confirms that the consultation call has not taken place due to circumstances dependent on the Partner, the payment made by the User shall be refunded.
7.2 The User may demand a refund of the payment for the consultation call paid, if he canceled a scheduled consultation call at the latest 24 hours prior to the date and time set through the Platform. To execute this right of refund, the User shall submit such request through the Platform (indicating the circumstances of the cancellation). Visadb shall check the circumstances and time of the cancellation (i.e. confirm such case with the Partner). If information available on the Platform or the Partner confirms that the consultation call has been canceled at the latest 24 hours prior to the date and time set through the Platform, the payment made by the User shall be refunded.
7.2 If the consultation call has not taken place due to the User’s fault (the User did not take the consultation call), it is up to the Partner’s discretion whether the User and the Partner shall reschedule the consultation call or not – in any such case the money paid for a consultation call that has not taken place due to the User’s fault is not refundable.
- COMMENTS AND RATINGS
8.1 Visadb enables the User to post comments and ratings regarding the Partner and the Partner’s Services provided to the User through the Platform.
8.2 By posting a comment or a rating in regards to a particular Partner or any Partners Services provided on the Platform, the User agrees that such comment or rating will be signed by the User’s data provided by him and agrees to the publication of the above-mentioned comment or rating and his personal data on the Visadb’s Platform.
8.3 Any opinions published by the User on the Visadb’s Platform may only apply to Partner and the Partner’s Services provided to the given User. By publishing a comment or a rating, the User declares that the published comment or rating is true. It is not allowed for the User to publish any untruthful opinions.
8.4 The User is solely responsible for any of his published content. By publishing a comment or rating, the Customer declares that he has all the rights regarding its content, including copyrights, any potential necessary rights and consent to publish them and authorizes third parties, in particular Visadb, to use them in the scope described herein.
8.5 Any published Users’ opinions may not violate the law, personal rights or the principles of social coexistence. In particular, it is prohibited to use vulgar and offensive expressions, refer to private and family life, and call for the use of violence or hatred, including racial, religious or ethnic, or against sexual minorities. It is also forbidden to publish defamatory content that violates the rights of third parties, including copyrights, trademarks, patents, trade secret and containing illegal content.
8.6 The User is not allowed to post advertising, marketing or content containing so-called product placement. In such case Viasadb may delete such content or / and suspend the User’s Account or take other relevant measures in amanner chosen at Visadb’s own discretion.
8.7 In order to examine any negative comments regarding the Partner’s manner of providing the Users with Partner’s Services, Visadb may ask the User for additional information regarding published comment or rating.
8.8 After examination of such negative comments regarding the Partner’s manner of providing the Users with Partner’s Service and determination that the comment or rating was unjustified or misleading, Visadb may at its own discretion decide to delete or unpublish such comment or rating.
9.1 Visadb shall provide professional support in operational and technical issues arising from the use of the Platform, its Contents and Functionalities as well as the Services during normal business hours.
9.2 Support service is provided by our team responding to comments and requests submitted in electronic form available on the Platform or via e-mail sent to the Visadb’s e-mail address specified on the Website.
- PERSONAL DATA
10.3 Visadb is not responsible for the processing of Users personal data done by the Partners in connection with the provision of Partners Services or other aspects resulting from Partners agreements with the Users.
11.1 Within the framework and for the purpose of execution of the Agreement, Visadb.io hereby grants the User, for the duration of the Agreement, a non-exclusive and non-transferable License for the use of Visadb’s intellectual property, regarding the Contents for the use of the Platform.
11.2 The copyright for all the materials covered by Visadb’s intellectual property rights belong entirely to Visadb In particular these materials cannot be reproduced, distributed, downloaded, displayed, published or transmitted in any other form or in any way without the prior written consent of Visadb.
11.3 With the exception of receiving a prior, separate, express and written (under pain of nullity) consent from Visadb, you cannot: (i) alter, modify, reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Platform (to the extent not permitted by applicable laws); (ii) permanently or temporarily reproduce elements of the Visadb’s Website in whole or in part by any means and in any form (to the extent not permitted by applicable laws); (iii) modify, adapt, translate, or create derivative works from or based upon any part of the Platform. Furthermore, you cannot use the Platform, Contents and Functionalities or the Services for illegal purposes, access the entirety or part of the Platform, Contents and Functionalities for the purpose of creating a service competitive to the Platform or attempt to obtain or assist third parties in obtaining unauthorized access to the Platform, Contents or Functionalities.
- USER CONTENT
12.1 Within the framework and for the purpose of execution of the Agreement, the User grants to Visadb for the duration of the Agreement a non-exclusive License to use User Content to the extent necessary to perform the obligations under the Agreement and ensure the proper functioning of the Platform, in particular in the following fields of use: (i) recording and reproduction of works, (ii) in the scope of dissemination of works by making them available to the public, in particular via the Internet.
12.2 The User is solely responsible for the User Content. The User declares that he has all the rights necessary to grant the license referred to above and that granting Visadb the above license does not infringe on the rights of third parties.
12.3 User Content cannot violate the law, personal rights or rules of social coexistence. In particular, it is prohibited to use vulgar and offensive expressions, refer to private and family life and call for the use of violence or hatred, including racial, religious or ethnic or against sexual minorities. It is also prohibited to publish defamatory content that violate the rights of third parties, including copyrights, trademarks, patents, trade secret and containing unlawful materials.
12.4 It is not allowed to post advertising, marketing contents or contents containing product placement of third parties. In such case Viasadb may delete such content or / and suspend the User’s Account or take other relevant measures in amanner chosen at Visadb’s own discretion.
12.5 Visadb may refuse to publish User Content and delete published User Content if it infringes on these Terms of Service or any legal provisions. If User Content is found by Visadb as misleading, Visadb may at its own discretion decide to delete or unpublish such User Content.
12.6 Visadb is not responsible for the User Content.
13.1 The purpose of the Platform is to facilitate the search for visa and citizenship acquisition information as well as the use of the Services and contact the Partners. Visadb may, at its sole discretion, provide additional assistance to a given User, upon his request, on the basis of separate arrangements or contracts, but in principle the role of Visadb is limited to providing the Platform, Contents, Functionalities and Services, as well as performing other obligations arising directly from the Agreement. The Agreement is a diligent agreement. The User is solely responsible for the manner of using the Platform, together with the Contents and Functionalities available on it.
13.2 The use of the Visadb’s Website depends upon having the appropriate devices and software, allowing access to the Internet, e-mail and web browser, or a mobile application. The User is responsible for meeting the above-mentioned technical requirements, including the purchase of all relevant equipment or software necessary to use the Platform in a specific manner.
13.3 The Platform is operated by Visadb.io, based in the Republic of Poland. The offer regarding the use of the Visadb’s Platform, its Contents and Functionalities, as well as the Services is valid in the Republic of Poland. Visadb does not guarantee the availability of the Platform outside of the Republic of Poland. The Partners Services are available in countries indicated by the Partners.
13.4 We make reasonable efforts to correct reported errors and irregularities. We are constantly developing the Platform. For this purpose, we can change and modify the Platform by removing or adding Contents and Functionalities with or without separate notification. We will inform you of any such significant changes by posting notifications on the Visadb’s Website or otherwise as appropriate.
13.5 Notwithstanding the foregoing, the Contents, Functionalities and Services are provided without any warranty. Visadb does not guarantee that the Platform will always function properly, uninterrupted or free of any errors, or that any errors and irregularities will be promptly removed.
13.6 Visadb does not accept or assume any liability for the operation of third-party products and services or for the acts or omissions of third parties.
13.7 Non-performance of obligations arising from the Agreement by a Party due to the effects of force majeure will not be considered a breach of the Agreement. As far as possible in the given circumstances, the Party affected by force majeure shall immediately notify the other Party of the occurrence of force majeure, its cause and the expected duration.
13.8 Visadb (as well as members of its bodies, employees, associates, representatives, advisers and legal successors) are liable only for the direct consequences of their actions or omissions and for actual damage (loss). The liability of Visadb and members of its bodies, employees, associates, advisers and legal successors for damage caused by non-performance or improper performance of obligations under the Agreement, regardless of the legal basis of the claims (contractual, tort or other claims) does not cover liability for consequential, special, indirect, side or other kinds of damages, including without limitation, for lost profits or revenues, business interruption, loss of or damage to software or data, loss of working time, clientele or reputation and similar effects, and is limited to cases of willful misconduct or gross negligence.
13.9 Without prejudice to the above limitations of liability, Visadb shall not be liable for the consequences of non-performance or improper performance of obligations under the Agreement: (i) due to the User's violation of the provisions of the Agreement; (ii) if the information and data provided by the User are inconsistent with the factual or legal status, are incomplete or imprecise or (iii) failure to perform or improper performance of the obligations arising from the Agreement, if caused by circumstances attributable to the User or third parties, despite Visadb’s due diligence.
13.10 Visadb – to the fullest extent permitted by law - is not liable for any failure of the Partner or the User to comply with applicable law or to obtain any decisions, approvals and official permits required for carrying out specific activities.
13.11 Exclusions and limitations under the Agreement (including the provisions of these Terms of Service) of Visadb’s liability towards Users does not apply to liability for damage caused intentionally or as a result of gross negligence, as well as to the exclusion or limitation of liability to the consumer for personal injury. The phrase "in the widest extent permitted by law" should be understood in principle in accordance with the preceding sentence, unless the mandatory provisions of law (if any) – concerning in particular the protection of consumers rights and interests – provide for further protection of Users interests in relation to prohibitions of exclusions or limitations of liability under contracts. In the above cases, the provisions of the Agreement are interpreted in a way that gives them meaning in accordance with the aforementioned mandatory provisions of law (in particular in the field of protection of the rights and interests of consumers).
13.12 The User is obliged to ensure that the manner of implementation of his obligations set out in the Agreement does not lead to violation of the rights of third parties and/or does not expose Visadb to claims of other entities or sanctions of public bodies and institutions. The User hereby undertakes to protect and release Visadb.io and its partners, employees, associates and advisers and legal successors from any legal liability, damages, costs, losses or expenses arising from any claims, demands or actions taken by any third party related to the violation of the Agreement, applicable law or the rights of third parties by the User.
14.1 In the event of any objections as to the functioning of the Visadb’s Platform or the method of performing Visadb obligations under the Agreement, the User may file a relevant complaint indicating the User’s Account information and the subject of the complaint by using the functionalities available on the Platform or via e-mail to the following address: ______________.
14.2 Visadb shall examine each complaint as soon as possible while complying with the legal deadlines. In order to speed up the processing of a complaint, Visadb also recommend a detailed indication in its content of all relevant circumstances of the case and the manner of handling the complaint expected by the User.
14.3 Visadb reserves the right to ask the User for additional explanations or provisions of specific information or documents, if it is necessary or helpful for the successful settlement of a complaint.
14.4 Visadb will endeavor to provide the User with feedback on the foreseeable date of the complaint’s consideration and the state of the case during consideration of the complaint.
14.5 All complaints about the Partners Services should be addressed directly to Partners. All complaints regarding Partners Services addressed to Visadb will be forwarded to the relevant Partners. The Partner is responsible for examining complaints about Partners Services submitted by Users in accordance with applicable law and any terms and conditions for the provision of the Partners Services applicable at a given Partner.
- DURATION AND TERMINATION OF THE AGREEMENT
15.1 The Agreement between the Parties enters into force upon Registration and is concluded for an indefinite period of time.
15.2 Subject to other provisions of these Terms of Service, each Party may terminate the Agreement without giving reasons, subject to the notice period of one month, in particular using the Functionalities available as part of the Platform or in another manner permitted by law.
15.3 Either Party may terminate the Agreement with immediate effect in the event of a significant breach by the other Party of any of its obligations under the Agreement, that is not be rectified within fourteen (14) days of the date of written notification by the other Party.
15.4 A gross violation by the User of the provisions of the Agreement (including the provisions of these Terms of Service) may be the basis for suspension of the Account or termination of the Agreement with immediate effect (termination of the Agreement). For important reasons, Visadb may suspend performance of the Agreement if the Account is suspended until any circumstances underlying the suspension of the Account are clarified or the Agreement is terminated.
15.5 If the circumstances of force majeure persist for more than 14 (fourteen) days, either Party may terminate the Agreement with effective on the date of delivery of the notice of termination to the other Party.
15.6 All rights to terminate the Agreement only supplement the rights or remedies available under applicable law, and do not replace them.
15.7 Termination of the Agreement terminates all licenses granted under the Agreement.
15.8 The provisions of the Agreement, which by their nature regulate the rights and obligations of the Parties after the termination of the Agreement (including but not limited to: provisions regarding ownership, confidentiality, limitation of liability, applicable law and jurisdiction) shall remain in force after the termination of the Agreement.
- WITHDRAWAL FROM THE AGREEMENT
16.1 Due to the fact that, in the light of applicable law, the Agreement is a long distance agreement, the User who is a consumer may withdraw from the Agreement without due reason, by submitting a written statement within 14 (fourteen) days from the date of the Agreement’s conclusion. The deadline to withdraw from the contract expires after 14 (fourteen) days from the date of the Agreement’s conclusion. The deadline is considered met if the statement was sent before the above term’s expiry.
16.2 The User does not bear the costs associated with the withdrawal. In the event of withdrawal from the Agreement, the Agreement is considered void and the User is released from any obligations. Subject to the above provisions, what the Parties have rendered shall be returned unchanged within 30 (thirty) days of: (i) withdrawal from the contract - in the case of User services or (ii) from receipt of the statement of withdrawal from the Agreement - in the case of Visadb’s Services.
16.3 The User may use the statutory model withdrawal form, but it is not mandatory. In the content of the statement of withdrawal from the Agreement, the User should indicate the name and e-mail address indicated as the e-mail address for correspondence. A statement of withdrawal from the Agreement may be submitted via the Platform or e-mail to the addresses indicated by Visadb as e-mail addresses for correspondence. If the User submits a statement of withdrawal from the Agreement via e-mail, Visadb will immediately send the User confirmation of receipt of information on withdrawal from the Agreement on a durable medium via e-mail.
- APPLICABLE LAW
17.1 The Agreement as well as any disputes arising therefrom or related to the Agreement or its subject matter, including the conclusion of the Agreement or its interpretation are subject to and should be understood only in accordance with the law of the Republic of Poland without reference to any conflict of laws and foreign law norms.
17.2 All activities and actions carried out by the Parties under this Agreement shall be deemed to be carried out on the territory of the Republic of Poland regardless of where the User is actually staying when using the Platform or taking other activities and actions related to the implementation of the subject of the Agreement. The User acknowledges and agrees to the above.
17.3 Visadb makes no representations and does not guarantee that the Agreement is in accordance with the laws of any third countries or that the services rendered will be available and suitable for Users from third countries. Users coming from or staying in third countries who decide to use the Platform do so on their own initiative and are solely responsible for compliance with local regulations to the extent that they may apply.
- DISPUTE SETTLEMENT
18.1 In the event of a dispute between the Parties regarding the implementation of the provisions of the Agreement, the Parties undertake to endeavor to settle the dispute amicably and strive in good faith to reach an agreement. If no agreement is reached within 30 (thirty) days from the day on which one of the Parties sends a request for amicable settlement of the dispute, each Party may assert claims in the manner provided for in applicable law. The above provision shall apply to the widest extent permitted by applicable law.
18.2 Subject to the following provision, any disputes arising from or in connection with the Agreement shall be resolved only by the common court of the Republic of Poland competent for the city of Gdańsk on the principles provided for by law, unless the Parties decide and expressly agree in a separate written agreement (otherwise being null and void) to submit the dispute to cognition agreed by the Parties to another common court or arbitration court.
18.3 In the case of Users who are consumers under Polish law, all disputes arising from or in connection with the Agreement will be resolved only by a common court of the Republic of Poland competent on general principles (unless the Parties decide and expressly agree in a separate written agreement, under pain of nullity, on submitting a dispute to cognition agreed by the Parties to another common court or arbitration court).
18.4 The Parties are obligated not to disclose to third parties the dispute between them, its subject matter and course, both during attempts to settle the dispute amicably and after initiating proceedings before a common court or arbitration court.
- TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 Neither Party is entitled to transfer to third parties the rights or obligations under the Agreement in whole or in part without the prior written consent of the other Party under pain of nullity, with the proviso that the prior written consent of the User is not required in relation to Visadb in the case of disposing in principle all or a significant part of Visadb’s assets, in particular the sale of Visadb.io (or an organized part thereof), merger, consolidation, reorganization or other similar transaction of Polish or foreign law. In this case, Visadb is entitled to transfer all rights and obligations arising from the Agreement to a third party designated by Visadb.io, with the proviso that Visadb will exercise due diligence to ensure the proper performance (continuation of performance) of Visadb’s obligations under the Agreement, to which the User agrees pursuant to this provision through and upon conclusion of the Agreement.
19.2 The above provisions regarding the possibility of transferring rights and obligations under the Agreement without the consent of Users should be interpreted in a manner that gives them meaning in accordance with the mandatory provisions of law regarding in particular the protection of consumer rights and interests, taking into account the legitimate reasons – Visadb’s legitimate interests justifying such transfer and compliance due diligence to protect the interests of Users who should not be affected by the transfer of rights and obligations.
- NO WAIVERS
20.1 Non-performance or delay by a Party requesting the other Party to implement any of the provisions of the Agreement or a waiver or partial waiver of claims regarding any breach of the Agreement shall not prevent the subsequent enforcement of such a provision and cannot be considered a waiver of claims regarding subsequent violations. No one-time or partial exercise or non-performance or delay in the exercise of any right, authorization or remedy by either Party shall constitute a withdrawal by that Party from or weaken or exclude any further exercise of one or other right, authorization or remedy arising out of the Agreement or any other title.
- NATURE OF COOPERATION
21.1 The Agreement does not constitute a civil partnership agreement, joint venture or other agreement of similar nature and does not constitute a company or other organization within the meaning of applicable law.
21.2 Neither Party is authorized to make any statements, incur obligations or conclude contracts, or act on behalf of the other Party under the Agreement.
- ENTIRE AGREEMENT
22.1 The Agreement constitutes the entirety of the Parties arrangements related to the subject of the Agreement and supersedes and excludes all previous communications, representations, agreements and understandings, both written and oral, between the Parties with respect to the subject of the Agreement.
22.2. The Agreement – as it is stated in this Terms – is concluded in the form of document (i.e. in the form the document in a way that makes it possible to identify the person making the declaration, according to article 77(2) of Polish Civil Code) and may not be amended, modified or changed in any respect except in addendum in the form of document otherwise null and void.
- FORM, SEVERABILITY OF THE PROVISIONS
23.1 If any of the provisions of the Agreement (including the Terms) is considered invalid, ineffective, unenforceable or otherwise defective: (i) it is assumed that it will be understood, to the extent possible, as formulated and limited in such a way, to be considered valid and effective or to be replaced under the Agreement by valid and non-defective provisions whose content and legal effects should be as similar as possible to their effects in relation to the provisions being replaced, and the Parties to the Agreement agree to make all reasonable efforts to achieve the purpose of this provision through such new important and enforceable provisions; (ii) if the above is not possible, all other terms and obligations contained in the Agreement (including the Terms) will remain in full force, except to the extent to which they are dependent on each other or subordinated to each other, i.e. the Agreement shall remain in full force and effect with respect to the remaining provisions and shall be interpreted in each case as if such invalid, unenforceable, ineffective or defective provision were omitted.
- BINDING FORCE
24.1 The Agreement serves only the interests of the Parties and their legal successors and assigns. Nothing stipulated in the Agreement expressly or implicitly gives or shall be interpreted as giving to any other entity outside the Parties any rights arising therefrom.
25.1 Communication between the Parties shall be conducted primarily through the Platform, e-mail to the addresses indicated by the User and Visadb as e-mail addresses used for correspondence or SMS to the telephone number provided by the User. Messages sent via the Platform or e-mail to the addresses provided by the Parties shall be considered as received by the recipient at the time of dispatch.
25.2 With regards to the address details of the Parties (in particular the e-mail address and physical address for transmitting traditional correspondence), the Parties undertake to immediately notify about changes to the delivery addresses, under pain of acknowledging delivery to the last delivery address indicated as effective.
25.3 The User acknowledges that communication from the Platform regarding issues arising from or related to the Agreement will be in English. In the absence of sufficient knowledge of the English language, the User is obligated to provide on his own and at his own expense an appropriate translation into another language known to the User.
26.1 Visadb may make changes to the content of these Terms of Service in the future, if it is necessary due to the occurrence of an important reason, such as: a change in the provisions of the law or the way they are interpreted by courts or other competent authorities and institutions, an extraordinary change in economic or social relations resulting in unforeseen difficulties in fulfilling the service or threatening a gross loss, the need to adjust the provisions of the Terms in connection with the noted gaps or the need to correct irregularities and in other cases where the change does not significantly affect the interests of the User.
26.2 In the event of changes to these Terms of Service that affect the rights or obligations of Users being made, Users will be notified of the change or amendment at least 14 (fourteen) days before their entry into force in relation to the User. Notification of changes in the Terms may be sent by e-mail, by notification when logging into the Account on the Platform or in another way. In the absence of the User's objection before the entry into force of the amendment to the Terms of Service, it is considered that the User has agreed to the change covered by the notification. If the User objects to the change, the change will not have an effect on the User and the objection will mean the termination of the Agreement.