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Terms of Service

VISADB.IO

TERMS OF SERVICE

Welcome to Visadb.io – thank you for your interest!

Visadb.io spółka z ograniczoną odpowiedzialnością (limited liability company of 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 registry KRS number 0000767405 (the “Visadb”) is the owner of visadb.io - an Internet visa database indexing 300,000 visa, residency and citizenship routes and the database of Verified Experts services in 200 countries (the “Platform”).

The Platform offers its users (the “Users”), among other functionalities, the ability to contact, schedule calls and cooperate with entities providing various appropriate services, including law firms, visa agencies and other private businesses, offering lawful and legitimate services concerning help with immigration, visa,citizenship acquisition,relocation &  trip planning, international business incorporation advising and other similar matters, with the purpose of realization of a specified, agreed upon goal (the “Experts”). The Experts main business activity concerns, among others, the services described above. The goals set by the Experts and the Users are covered in a specified plan, prepared by the Experts, through cooperation with the User and agreed upon by both parties. The Platform makes it available for Experts and Users to plan and manage their cooperation and cases currently covered, through a system of milestones and deadlines, as well as streamlines communication between both parties.

These terms of service (the “Terms of Service”) contain general terms & conditions that govern the use of Visadbs Platform by its users (the “Users”). Provisions of these Terms of Service determine conditions and manner of using the Platform by the Users. Visadb platform and services are only available to users and experts in certain countries. List can be found here Supported Countries

The services offered through the Platform (the “Services”) are owned and operated by Visadb.io, with the exception of the services offered by the Experts (the “Experts Services”) which are operated by the Experts, through the Platform in cooperation with us. The Experts solely are responsible for the Experts Services they provide.

The use of Visadbs Platform by the User requires full acknowledgement and acceptance of these Terms and Conditions as well as any other relevant terms, procedures and instructions, including the Privacy Policy (all available at:  www.visadb.io) (hereinafter jointly referred to as the “Agreement”). Please read these Terms of Service carefully before using the Platform and its contents. Commencement of using of the Platform, which is to be understood as any use of the Services or Experts Service contained within the Platform, in particular through the creation of an account on the Platform, shall mean that you have read, understood and agreed to the provisions of the Agreement and that the Agreement has been concluded.

If there are any questions regarding these Terms please contact at Visadb

1.   DEFINITIONS

1.1The 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 Expert and the User, set up through the use of the Platform, the price of which is set by the Expert.

“Agreement” means the agreement concluded by the User with Visadb.io, on the basis of which the User becomes allowed to use the Platform, its contents and functionalities as well as the Services and the Experts Services in full capacity as well as the User is granted with the License, all according to the provisions of these Terms of Service as well as any other relevant documents, including the Privacy Policy.

“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 Expert 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 Expert 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.

“Experts” mean entities offering their services to the Users through the Platform in cooperation and based upon an agreement with Visadb. The Experts are: (i) visa consultants, (ii) visa & immigration lawyers, (iii) travel planning experts, (iv) International business and tax advisors and (v) company formation lawyers.

“Experts Services” mean services offered to the Users through the Platform, provided by the Experts. Experts Services include consultation calls and full service.

“Party” means a party of the Agreement hereof (Visadb or the User).

“Privacy Policy” means Visadbs privacy policy in the sense and compliance with regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”), available at Visadbs Website.

“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” means 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.

“Visadbs Platform”, the “Platform” means all of the software solutions as well as all of the Contents and Functionalities available to the User through the Visadbs Website or in any other manner (including, among others, through a mobile application), allowing the User to use the Services and Experts Services, operated and owned by Visadb.io.

“Visadbs Website” means Visadbs website available atwww.visadb.io.

2.   AGREEMENT AND REGISTRATION

2.1 The use of the Platform, its Contents and Functionalities as well as the Services and the Experts 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 through an already existing social media account (Facebook, Twitter or Google) or via private email.

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 Experts 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 Experts Services does require Registration.

3.   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 trip planning advise in a post covid world.

(ii) the possibility of receiving information on procedures regarding visa acquisition and immigration in a chosen country and contact information of such countrys relevant authorities;

(iii) the possibility of receiving information on procedures regarding work-permit, residence permit or citizenship acquisition in a chosen country and contact information of this such countrys relevant authorities;

(iv) the possibility of direct contact the Experts and use of Experts Services such as Consultation Calls or Full Services;

(v)  the possibility of making payments for the Experts Services through the Platform; (we dont support payments in beta version)

(vi) the possibility to rate and share comments regarding Experts Services.

3.2 We undertake to make reasonable effort to ensure that the Functionalities and Services are consistent with the information provided at the Visadbs 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 [email protected] according with Section 10 hereof.

3.3 Visadb shall also make effort to regularly update visa and all other content & 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.

3.4 Within the scope of providing search engines integrated in the Platform, Visadb.io serves only as a User interface for 3rd party– in particular Visadb does not offer any services connected with flight and hotel booking directly.

4.   THE EXPERTS SERVICES

4.1 Visadb.io makes it available for registered Users to contact Experts through the Platform. Using the Experts Services requires Registration and creation of an Account.

4.2 A registered User may contact a Expert through the Platform. Contact between the Users and the Experts is free. Such contact between the Expert and the Users of the Platform shall only take place through the Platform, whereas the provision of the entirety of Experts Services shall take place through the Platform, unless impossible. If so, the provision of Experts Services shall take place through different, appropriate means specified by the Expert to the User through the Platform.

4.3 The Experts Services generally – but limited to the extent declared by the Expert on the Platform - consist of services normally provided by the Expert to his customers, including in particular:

(i)   providing the Platforms Users with information concerning visa acquisition and covid19 related entry information in a specific country;

(ii) assisting the Platforms Users in the process of visa acquisition in a specific country;

(iii) providing the Platforms Users with information concerning work-permits, residence permit and citizenship acquisition in a specific country;

(iv) assisting the Platforms Users in the process of incorporating a business and get tax advising in a specific country;

(v) providing the Platforms Users with information concerning immigration and travel issues regarding a specific country;

(vi) providing the Platforms Users with help concerning immigration and travel issues regarding a specific country;

(vii) providing the Platforms Users with additional agreed upon services.

4.4 The Expert provides the Experts Services in specific countries, indicated to the Users via the Platform.

4.5 Subject to the provisions of this Terms, Users relationship with the Experts, in particular the provision of any of the Experts Services, is regulated by terms and conditions specified by the Expert, of which the User was informed accordingly earlier, through the information shared with the User by the Expert through the Platform. Visadb is not a party in any agreements made between Users and Experts through the use of the Platform.

4.6 The Experts Services are offered through the Platform by the Experts, whereas Visadb may only act as a broker during the conclusion of an agreement between the User and the Expert. During the commencement of the agreement between the User and the Expert the Platform may only serve as a User interface. Therefore, We are not responsible for the quality and execution of any of the Experts Services, as Visadb does not take part in creating descriptions, defining prices and fees or providing the Experts Services. Any and all issues or disputes regarding or arising from the Experts Services shall be resolved between the User and the Expert.

4.7 The Experts Services may be provided via the Platform in the following manner:

(1)  free or paid consultation call with the User scheduled via the Platform, regarding provision of general information about the procedures regarding the Experts Services, and answers to the Users questions about immigration, visa and citizenship acquisition, tax, company formation and other similar matters, as well as requirements and conditions of cooperation involving Full Service as described in Section 5 below (the “Consultation Call”) or

(2)  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

5.1The Expert may offer free or paid Consultation Calls through the Platform, at his sole discretion. In case the Expert offers paid Consultation Calls, the price and length of time of the Consultation Calls are set by the Expert, at his sole discretion.

5.2The terms of the Experts offer of a consultation (i.e. whether the consultation is free or paid, as well as the price of it) are indicated in the Experts account settings by the Expert and may be change by the Expert any time, provided that the offers already accepted by the Platforms Users are binding for the Expert. If the Expert 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.

5.3The Consultation Call is provided by the Expert in a following way:

(1)  the User chooses a specific Expert – the User is able to contact the Expert through the Platform;

(2)  the User initiate a booking request of a consultation call with the Expert by choosing convenient date and time among those proposed by the Expert on its profile on the Platform and upon acceptance of the request User is  charged with the consultation fee indicated by the Expert; depending on the payment provider and payment method chosen visadb may authorized your card on a booking request and charge/collect payment later upon acceptance of the consultation request by the Expert.

(3)  The price of the Consultation Call is paid by the User to the Visadbs Payment service provider account or visadb bank account (the consultation call is paid in advance, through the Platform, using the payment services integrated in it);

(4)  the Expert has 48 hours (starting from the moment the User sent the booking request) to decide if he agree to the Consultation Call – the Expert may accept or reject the booking request made by the User according to point (2) above. By accepting such booking request, the Expert undertakes to call the User at a set date and time (the date and time of the consultation call are visible through the Platform to both Expert and User); If the booking request is rejected by the Expert, the Platform is entitled to refund the Consultation Calls price to the User (in a manner described in Section 7 below) or match the User with other expert rendering services at the same price and providing services in the same scope as the expert first chosen by the User;

(5)  if the Consultation Calls request was accepted by the Expert but the Consultation Call has not taken place due to circumstances dependent on the Expert, the payment of the price for the Consultation Call is refunded to the User, according to specific regulations set in Visadbs Terms of Service (the “Terms of Service”) and in a manner described in Section 7 below, or the call may be rescheduled if both User and the Expert agree; Each the User and the Expert may ask the other party to reschedule the Consultation Call before the previously booked date and time of the Consultation Call or in 48 hours after the previously booked date and time of the Consultation Call. The provisions of Section 5.3.(2)-(4) shall apply accordingly to the rescheduling the Consultation Call referred to in the previous sentence;

(6)  after the Consultation Call, if the User is interested in further cooperation with the Expert, the Expert 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 Expert for the provision of specified Experts Services (i.e. the 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 Expert and the User, in which case price that has been already paid for the Consultation Call shall be credited towards the Experts overall remuneration for the Experts Services provided;

(7)  If the User does not enter into an agreement with the Expert for the provision of specified Experts Services (I.e. the Full Service as described in Section 6 below), the price of the Consultation Call shall be transferred from Visadbs payment service providers bank account to Experts bank account, subject to provisions of the Section 7 hereof.

5.4The Consultation Call may take place via Platforms features or other applications. The Expert shall inform the Users about the preferred way of conducting Consultation Calls.

5.5The Users have 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 not obliged to pay the price of the Consultation Call.

6 FULL SERVICE

6.1The Full Service is provided by the Expert in a following way:

(1)  if the User chooses to enter into an agreement for the provision of full service with the Expert (which takes place through an online form available through the Platform), the Expert creates a case file on the Platform for the User, accessible for both the Expert and the User, and which is used for the documentation of the Users case and Experts Services provided;

(2)  the case file contains specific, agreed upon milestones set for in a specific timeline – the Platform specifies each of the milestones and signifies which milestones have been completed and which of them are pending;

(3)  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;

(4)  if the Full Service is conducted through the Platform i.e. the payments and the calls/meetings are made through the functionalities of the Platform and the information and documents are sent through the functionalities of the Platform - if either the User or the Expert challenges whether a set milestone has been properly executed, the Platform makes it possible for both User and Expert to set up a dispute over certain milestone or the entirety of given Users personalized plan; By “properly executed” it is understood that either (a) the payment was made, (b) the call/meeting took place, or (c) the specified documents were sent; Resolution of such dispute shall take place according to Section 9 hereof; 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 the Expert while a dispute has been set up cannot be considered a breach of either a contract between the User and the Expert by either of the above mentioned parties;

(5)  the payments for Experts 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 Expert and the User;

and in each case the payments are made according to this Section 6 and Section 7 and based upon invoices issued by the Expert to the User through the Platform;

6.2 The Expert is solely responsible to set the milestones in a way that ensures the coverage of the Experts expenses and work provided to the User.

7.   PAYMENTS AND REFUND POLICY

7.1Visadb may ask the User to submit to the Platforms 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.

7.2The User agrees to receive invoices for the Experts Services paid for through the Platform in electronic form at the Users email address as indicated at Users Account settings or otherwise. Visadb also make the invoices for the Services available for viewing & downloading directly at the Users Account.

7.3The 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).

7.4The Expert is solely responsible for issuance of the invoices to Users and meeting with all legal requirements regarding issuance of the invoices according to applicable provisions of law. Visadb is not responsible for any costs, damage or lost profits resulting from such errors or lack of the possibility to issue an invoice by the Expert.

7.5Visadb enables Users to pay for the Experts invoices using one of the Platforms functionalities (i.e. via payment service provider). The transfer of the money paid by Users according to the previous sentence is made to Visadbs bank account, and Visadb holds the money until the payout schedule reaches. for Expert without any remuneration or interest for Expert on this account until the provision of services for the User is confirmed on the Platform (for Consultation Call by User clicking on “Mark as Completed and leave the review” and for Full Service milestones by User & Experts depending on the milestones type ) and time for the possible refund (if applicable - according to this Section 7 hereof) has elapsed.

7.6Subject to provision of Section 7.8. below, the User may be granted a refund of the payments made by him according to the Experts Services rendered by the User through the Platform in the following cases:

(1)  as described in Section 5.3.(4);

(2)  as described in Section 5.3.(5);

(3)  in case of Full Service - if the User (through the Platforms functionalities) requested a refund in the period of 2 weeks after making a payment through the Platform due to lack of response from the Expert or Users suspicion of the Experts fraud and (a) the Expert accept the requested refund or (b) Visadb – at its own discretion – decide to grant User with such refund according Section 9 below.

7.7The User acknowledges and agrees that Visadb solely and at its own discretion decides if the basis for the refund occurred. Visadb inform the User about every case of refund (Section 7.1.(1) and (2)) and every decision regarding a case initiated by the Users request for a refund (i.e. decisions both on acceptance of such request as well as refusal for a refund) in 10 days after the decision was made and the refund granted/denied.

7.8Visadb is not authorized to make any refunds claims or expectations raised or occurring on the Users side in cases not specified in Section 7.1. above on behalf of the Expert and cannot be held liable for such. In particular (but not limited to) Visadb is not authorized to make on behalf of the Expert and cannot be held liable for any refunds claims or expectations raised or occurring on the Users side in cases regarding the services not provided (in particular calls made and documents sent between the parties outside the Platform) and / or payments not made through the Platform and with the use of Platforms functionalities and / or regarding:

(1)  the quality of Experts Services (excluding issues related to timeliness, possible lack of responses on the Experts side and false information placed by the Expert in the Experts Content published or in any way linked at any time on the Platform), nor

(2)  the effectiveness of the Experts actions took by the Expert under or in connection of provision of the Experts Services, nor

(3)  any governments policies or law changes that made the assumed Users goal impossible to achieve, visa denied or cause negative tax of financial consequences for the User.

7.9The User may request a refund directly (not through the Platform and with the use of Platforms functionalities) from the Expert and in such cases Visadb is not authorized or obliged to mediate in such contacts.

8.   QUALITY OF EXPERTS SERVICES, COMMENTS AND REVIEWS

8.1 Visadb takes measures to ensure that while providing the Experts Services through the Platform, the Expert acts professionally, respects the Users cultural norms and tries to meet their expectations. However, Visadb cannot be held liable for any Experts lack of professionalism or disrespect of cultural norms – in such cases Visadb expect Users to inform Visadb about it in order to verify such Expert once again and contact him to ensure high level of services and culture on the Platform.

8.2 Notwithstanding the provisions of Section 8 hereof, after the Consultation Call and / or during and / or after provision of the Full Services, the User is able to post a comment (feedback, review) public “service listing” on the Platforms website, regarding the Expert and the Consultation Call / Full Service provided through the Platform. Visadb will look into every negative comment regarding the Experts Services and examine it in a manner chosen at Visadbs own discretion. In order to examine any negative comments regarding the Experts manner of providing the Users with Experts Services, Visadb may ask the User for additional information regarding published comment or rating. After examination of any negative comment (feedback, review) regarding the Experts manner of providing the Users with Experts Services, Visadb may – at its own discretion – draw consequences against the Expert or unpublish (delete) such negative comment posted by the User (especially if Visadb determines that the comment or rating was unjustified or misleading).

8.3 By posting a comment or a rating in regards to a particular Expert or any Experts Services provided on the Platform, the User agrees that such comment or rating will be signed by the Users data provided by him and agrees to the publication of the above-mentioned comment or rating and his personal data on the Visadbs Platform.

8.4 Any opinions published by the User on the Visadbs Platform may only apply to Expert and the Experts 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.

8.5 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.

8.6 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.

8.7 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 Users Account or take other relevant measures in a manner chosen at Visadbs own discretion.

9.   DISPUTE RESOLUTION BETWEEN THE EXPERT AND THE USER WITH PARTICIPATION OF VISADB

9.1Visadb shall not be involved and shall not be held liable for any disputes arising between the Expert and the User which are connected with the use of the Platform by any of them (i.e. the payments and / or the calls/meetings were not made through the functionalities of the Platform and / or the information and /or documents were not sent through the functionalities of the Platform).

9.2If Full Service is conducted through the Platform i.e. the payments and the calls/meetings are made through the functionalities of the Platform and the information and documents are sent through the functionalities of the Platform – and if either the User or the Expert challenges whether a set milestone has been properly executed and using the Platforms functionalities such party requested to set up a dispute over a certain milestone or entirety of given Users personalized plan:

(1)  the Platform enables the User and the Expert to present their positions and arguments why in their opinion the milestone was or was not executed, and set a deadline to comment on such positions and arguments of the other party;

(2)  the Expert and the User shall make an attempt to resolve the dispute amicably on their own and without getting Visadb involved in such dispute resolution;

(3)  in case the and the User cannot reach an agreement on the dispute, either of them may – using the Platforms functionalities – request Visadbs participation in such disputes resolution;

(4)  Visadb - taking into account all information available to Visadb through the Platform regarding the Full Service such as if the payments and / or the calls/meetings were or were not made through the functionalities of the Platform and / or the information and /or documents were or were not sent through the functionalities of the Platform – make a decision on the way on which the dispute is settled. Visadb may settle a dispute by:

a)   Establishing that the Expert was not at fault in performing the Experts Services included in the service listing page and the payment is not subject to any refund to the User, or

b)   Establishing that the Expert was not at fault in providing the User with information or documents or payment or completing with milestones within due date,

c)   Establishing that the Expert was at fault in performing the Experts Services and granting a refund to the User in the amount specified by Visadb and at its own discretion, or

d)   Establishing that the Expert was at fault in performing the Experts Services and call the Expert to perform the Experts Services to the User under a certain additional deadline otherwise granting a refund to the User in the amount specified by Visadb and at its own discretion, or

(5) at every stage of the dispute resolution the User and the Expert may decide to amicably agree with each other to resolve the dispute on their own and with no Visadbs decision in this regard.

9.3In case the User inform Visadb about lack of response from the Expert or Users suspicion of the Experts fraud and such information is related to a request of a refund, Visadb may resolve such dispute without waiting for a reply (position or arguments) from the Expert.

9.4The User agrees to recognize and accepts for enforcement every Visadbs decision made under this Section 9 regarding the dispute resolution, without any further claims against Visadb arising from such decision and possible refund refuser to the User on behalf of the Expert.

9.5The Expert may not expect Visadb to resolve any disputes regarding the relations between the Expert and the User in cases where it is not possible for Visadb to check if the milestone was executed. The Expert acknowledges that Visadb has no specialist knowledge or experience regarding Experts Services and its decisions will be made solely on the basis of documents and technical information available on the Platform – after verification if technically it appears in the information available for Visadb in the Platform the milestone was executed by the relevant party.

10   SUPPORT

10.2     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 Visadbs e-mail address [email protected]

10.1     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.

11. PERSONAL DATA

11.1     For effective performance of our obligations resulting from the Agreement, Visadb shall be authorized to collect and process Users personal data in the capacity necessary for the execution of the Agreement and for the verification of the way Users interact with the Platform. The collected data may be processed automatically, through the use of cookies, tags or other methods of processing and verification of personal data.

11.3     Visadb is not responsible for the processing of Users personal data done by the Experts in connection with the provision of Experts Services or other aspects resulting from Experts agreements with the Users.

11.2     All personal data processing done by Visadb.io shall be in accordance with regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”), the Polish Personal Data Protection Act of May 10th 2019 (i.e. of August 30th 2019, Journal of Laws of 2019, position 1781, “Personal Data Protection Act”), the Privacy Policy or any other legal provisions applicable within given circumstances.

12. LICENSE

12.1     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 Visadbs intellectual property, regarding the Contents for the use of the Platform.

12.3     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 Visadbs 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.

12.2     The copyright for all the materials covered by Visadbs 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.

13. USER CONTENT

13.2     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.

13.1     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, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where visadb.io pays for the creation of Content or facilitates its creation, visadb.io may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant visadb / Platform the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. 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.

13.4     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 Users Account or take other relevant measures in a manner chosen at Visadbs own discretion.

13.3     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.

13.6     Visadb is not responsible for the User Content.

13.5     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.

14. LIABILITY

14.2     The use of the Visadbs 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.

14.1     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 Experts. 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.

14.4     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 Visadbs Website or otherwise as appropriate.

14.3     The Platform is operated by Visadb.io, based in the Republic of Poland. The offer regarding the use of the Visadbs 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 Experts Services are available in countries indicated by the Experts.

14.6     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.

14.5     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.

14.8     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.

14.7     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.

14.10   Visadb – to the fullest extent permitted by law - is not liable for any failure of the Expert or the User to comply with applicable law or to obtain any decisions, approvals and official permits required for carrying out specific activities.

14.9     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 Visadbs due diligence.

14.12   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 Experts, 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.

14.11   Exclusions and limitations under the Agreement (including the provisions of these Terms of Service) of Visadbs 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).

15. COMPLAINTS

15.1     In the event of any objections as to the functioning of the Visadbs Platform or the method of performing Visadb obligations under the Agreement, the User may file a relevant complaint indicating the Users Account information and the subject of the complaint by using the functionalities available on the Platform or via e-mail to the following address: support

15.3     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.

15.2     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.

15.5     All complaints about the Experts Services should be addressed directly to Experts. All complaints regarding Experts Services addressed to Visadb will be forwarded to the relevant Experts. The Expert is responsible for examining complaints about Experts Services submitted by Users in accordance with applicable law and any terms and conditions for the provision of the Experts Services applicable at a given Expert.

15.4     Visadb will endeavor to provide the User with feedback on the foreseeable date of the complaints consideration and the state of the case during consideration of the complaint.

16. DURATION AND TERMINATION OF THE AGREEMENT

16.1     The Agreement between the Parties enters into force upon Registration and is concluded for an indefinite period of time.

16.2     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.

16.4     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.

16.3     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.

16.6     All rights to terminate the Agreement only supplement the rights or remedies available under applicable law, and do not replace them.

16.5     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.

16.8     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.

16.7     Termination of the Agreement terminates all licenses granted under the Agreement.

17. WITHDRAWAL FROM THE AGREEMENT

17.1     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 Agreements conclusion. The deadline to withdraw from the contract expires after 14 (fourteen) days from the date of the Agreements conclusion. The deadline is considered met if the statement was sent before the above terms expiry.

17.2     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 Visadbs Services.

17.3     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.

18. APPLICABLE LAW

18.1     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.

18.3     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.

18.2     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.

19. DISPUTE SETTLEMENT

19.2     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.

19.1     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.

19.4     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.

19.3     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).

20. TRANSFER OF RIGHTS AND OBLIGATIONS

20.2     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 – Visadbs 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.

20.1     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 provison 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 Visadbs 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 Visadbs obligations under the Agreement, to which the User agrees pursuant to this provision through and upon conclusion of the Agreement.

21. NO WAIVERS

21.1     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.

22. NATURE OF THE AGREEMENT

22.1     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.

22.2     Neither Party is authorized to make any statements, incur obligations or conclude contracts, or act on behalf of the other Party under the Agreement.

23. ENTIRE AGREEMENT

23.1     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.

23.2.    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.

24. FORM, SEVERABILITY OF THE PROVISIONS

24.1     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.

25. BINDING FORCE

25.1     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.

26. COMMUNICATION

26.1     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.

26.2     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.

26.3     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.

27. CHANGES

27.1     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.

27.2     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.